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 1 2 3 
 
 1 
 
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 3 
 
 4 
 
 5 
 
 6 
 
'.WCi"'' 
 
 THE B 
 
 THE HAM 
 
 By order 
 

 ■.■ -■<**■ ' 
 
 
 STATUTES, 
 
 -•■ 
 
 SPECIAL AND GENERAL, 
 
 KELATINd TO 
 
 THE HAMILTON AND NORTH-WESTERN 
 
 RAILWAY COMPANY, 
 
 WITH WHICH IS AMALGAMATED 
 
 THE HAMILTON' AND LAKE ERIE RAILWAY COMPANY; 
 
 TOGETHER WITH 
 
 ALL AGREEMENTS AFFECTING THE COMPANY, 
 
 COLLECTED AND ANNOTATED 
 
 WITH A FULL INDEX, 
 
 BY 
 
 TEEYELYAK RIDOUT, LL.B., 
 
 OF OSaOODE HALL, BARRI3TER-AT-i,AW. 
 
 Bj/ order 0/ the Executive Committee 0/ the Northern and North-Western Bailvoay$. 
 
 
 
 I \ 
 
 P 
 
 I'l', 
 
 \ 
 'I 
 
 y 
 
 J 
 
 HUNTER, ROSE AND COMPANY. 
 
 1882. 
 
 m 
 
Ifyt:: 
 
 VfV 
 
 .A ■ 
 
 '^jf 
 
 -s't-V 
 
 •jf A. 
 
 CJ^. 
 
 %ici 
 
 y? 
 
 
 V 
 
 I 
 
 During tb 
 and North-\' 
 mcnt of the 
 Various u 
 work. I ha> 
 relating to tl 
 niitting tlie .■> 
 ^luch inco 
 quontly to cc 
 the different 
 iVoni the faci 
 many ycai-s, i 
 object has he 
 ference, all h 
 together witl 
 jiarty. 
 
 No pains h 
 a thoroughly 
 officers ; and 
 The book 1 
 Part I. con! 
 ■ Erie Railway 
 Western Rail 
 Part II. coi 
 Western Rail 
 Part in. i 
 Statutes of C 
 second, those 
 way of the Cc 
 Part IV. in« 
 First- 
 Second 
 
^'x^Wl 
 
 VaI 
 
 Bompas, Bisc?.'- f-^ Oc^ 
 
 it *. . •;«--. . . 
 
 '*-*«C't 
 
 '■'■■M 
 
 PREFACE. 
 
 During the winter of 1881, the Executive Committee of the Northern 
 and North-Western Railways entrusted to me the collection and arranco- 
 mcnt of the Statutes and Agreements of the two Companies. 
 
 Various unavoidable delays have occurred in the publication of the 
 work. I have now, however, much pleasure, having completed the volume 
 relating to the Hamilton and North-Western Railway Company, in sub- 
 mitting the same to the Committee. 
 
 ^luch inconvenience has been felt by those who have had occasion fre- 
 quently to consult the various enactments respecting the Company, and 
 the different agreements into which it has from time to time, entered, 
 from the fact that the first were scattered through the Statute Books of 
 many ycai-s, and that many of the latter existed only in manuscript. My 
 object has been to remedy this by collecting, in a form convenient for re- 
 ference, all legislation as well public as private, affecting the Company, 
 together with every agreement of importance to which it has been a 
 party. 
 
 No pains have been spared in endeavouring to make the compilation 
 a thoroughly reliable handbook for the use of the Companies and their 
 officers ; and I venture to hope that it may prove of service to them. 
 
 The book has been divided, for convenience, into four parts. 
 
 Part I. consists of all the Statutes relating to the Harailton and Lake 
 ■ Erie Railway Company, now amalgamated with the Hamilton and North- 
 Western Railway Company. 
 
 Part II. comprises all the Statutes relating to the Hamilton and North- 
 Western Railway Company. 
 
 Part III. is subdivided into two divisions. The first embraces the 
 Statutes of Ontario, of a public nature relatir.g to Railways ; and the 
 second, those Statutes of the Dominion of Canada which affect the rail- 
 way of the Company, although a Provincial line. 
 
 Part IV. includes — 
 
 First— The Bonus By-laws and Agreements affecting the Company. 
 Second — The Orders-in-Council of Ontario granting aid. 
 
 h 
 
 8 %^ 
 
 II 
 
,i4t4i(l.JJt^.WW((lf»!V.ip(|,*8iW,(«f^l^^^ 
 
 lUv, 
 
 I, 
 
 iV 
 
 PREFACE. 
 
 Thir.l-7^1innteof Railway Conunitt.e of Privy Councl of Canada, 
 
 with regard to l.ri.l-e over a navigable water. 
 Fou .th-A.M-cenients with other Railway Companies ; ar <1 
 ■ Lastly-Agreeuients other than vhose with Municipahties respect- 
 
 ing bonuses, or Railway Companies. , p ,, ^ 
 
 The side notes to the Acts have been made, in many cases, xnuch fuller 
 than those in the original Statute Books, and a pr^m of every Agree- 
 ment, etc., has been made on the margin thereof. 
 
 The anUtions are numerous, and point out the changes tha have 
 been made in the law afieeting the Company by the vanous enactments 
 of the Legislature ; and the Index, upon which much attention has been 
 tto;ed,\nd which is a very copious «- ^viU I t^st en^ 
 having occasion to refer to any particular portion of a Statute oi A^iee 
 ment to find it with readiness. ,j,^ ^ 
 
 TouoNTO, March 22ni), 1882. 
 
,.,«;,j«S(PM"- '■--^'^'^■.Vi..«...,«^,fl^:^^iy,U./^i^_, J^V ■ 
 
 ^r 
 
 t- 
 
 C *'■• 
 
 TABLE OF CONTENTS. 
 
 3r 
 c- 
 
 ve 
 its 
 en 
 
 )S0 
 
 }e- 
 
 PART I. 
 
 ^STATUTES RELATING TO THE HAMILTON AND LAKE ERIE llAILWAY 
 
 ' COMPANY. 
 
 1. 33 Vict. Cap. 48. a. d. 18U9. 
 
 PAGE 
 
 '^" iH.uiuT,f to' rZ/'l ^""«*'-"^*'"» «f '^ f^^^^y from some poi„t in tho City of 
 
 cxtt o^ 50^ M v''~^''^'!*r-^ *" H" «-'«^>.0"<^; power to ia.suo bonds to 
 exttnt ot .?150,00()-Mnnicii)iilitiea aiitliorizecl to aid by way of bonus «tP 
 lWu„.;.u as to (Jenenvl Meetings, Election of Directors, 1 L Li Notes ot7 
 
 ani gorrS'^SKv r' *" ""^"";?^ 'V""'"^" ""' I'^^^P-^^ ^^ the liln/ilto u 
 .Ij, ; i*5%^o^^'j:,i^'"lw'>-^y Company— To liavo power to make a-'reenients with 
 other Railway Companies for working tlieir Lines .....!"!;.„. ,,, 3 
 
 34 Vict. Cap. 4L 
 
 D. 1871. 
 
 '^" Companr^""^ ^^''^ ^''^ incorporating tho Hamilton and Lake Erie Railway 
 
 Company may extend Line from Caledonia to Cayuga or Port Dover or 
 
 some other p„ .t on Lake Erie, in Comity of Norfolk-Provision for aid f 
 
 Company by p,,rtion of Municipality-Municipalities may exempt romtaxes- 
 
 Ran w^v r,'"'""' V"" ^'''^"•^'"^° '""^ P'-'^l'^^^y "f H'^»»lton and Pot Dover 
 Railway Company-Provision as to extension and priority of Ronds therXr 
 
 3. 36 Vict. Cap. 85. a. d. 1873. 
 
 ^" 'wavSn"* **' •'"''?.'^ *''^^*=* incorporating the Hamilton and Lake Erie Rail- 
 
 liondon and New " ' 
 
 4. 37 Vict. Cap. 45. 
 
 A. D. 1874. 
 
 Company, 
 
 12 
 
 16 
 
 I 
 
 23 
 
 II 
 

 IfW^. 
 
 •VI 
 
 TAULK OF CONTENTS. 
 
 ^PAUT II. 
 
 n,„t^ irAMITTON AND NORTH-WESTERN 
 STATUTES RELATINC. TO Tm.^-'AM;;;[™,:^ 
 
 An 
 
 1 35 VioT. Cap. 55. a. i>. tH72. 
 
 .a . i„o„.p»..c «,c ; .n. ..a N»*^:;:;:: ;:::;r„.";;rc..H^^ 
 
 -Power to c.ntinuo it t.. Lake Nil"«f' «• f'^ j;^" J;oo ,)00-rrc,viHi..u aB to 
 ^SCr Canada [^-''^^'S S"^^; luSlt^:.,; and election of Directors, 
 Annual an.l «r^^lf ^■"\!^l?tfi' {^ ^y .f bonus- I'rovisions as to 
 
 -^r.uri.s ;»-;?;. La„,.„a ,-,x„a 
 
 2 30 VioT. Cap. 84. a. u. 1873. 
 
 and naiMO Directors 
 
 3 37 VioT. Cap. 44. a. ». 1874. 
 
 lingwood confirmed 
 
 '2t> 
 
 41 
 
 44 
 
 4. 38 Vkt. Cap. 48. a. d 
 
 1874. 
 
 ■^^'03 wTSUd. (rep. -.y ™ Vict e.p. T2, »c. 4, p. 54), and form of- 
 
 granting aid by way of bonus 
 
 5. 39VIOT. Cap. 72. a. d. 1876. 
 ,„ Act ..,*« t. a.c„d tHe Act. ..ati„« to the Ha.Uton and K„rtK.Wo.t.n> 
 '^SSnS-.alga-ion with «,. Ha,„ilto„ a.d Lake E„e Radway 
 
 Jed\°y 4I ?rX "». M=^** ^r,"^ cia„.c. .t deed of .^ 
 "fiti bond, in ,e.pect ..portion „. M-;;,,^^':;^;™^!^^^^^^ 
 
 An Ai 
 
 A 
 
 S 
 ai 
 b] 
 
 An Ac 
 
 of 
 b( 
 to 
 
 An Ac 
 
 inj 
 
 An Act 
 Ka 
 
 wH 
 ste 
 Pre 
 
 An Act 
 
 ] 
 
 to I 
 
 Ha] 
 
 PUBLIC 
 
 The Rail 
 
 An Act P 
 
'% 
 
 TAIiLK OF CONTENTS. 
 
 AGK 
 
 2t> 
 
 41 
 
 rn 
 
 ili- 
 an 
 
 ol- 
 ... 44 
 
 cm 
 
 vu 
 
 I'AtiE 
 
 Pciwors of Company as to Toloijraphs -Agroonionts l)otwoon Company ami 
 iJIunicipahtkos ^nuitin;,' boniisos contirmod. 
 
 I'rovisions with regard to the County of Simcoo bonus . . . : 52 
 
 C. 40 Vict. Oai-. 70. a. n. 1877. 
 
 An Act relating to the Hamilton and North- WeBtorn Railway Comp.-ny. 
 
 Agroomont between Company and TownHhip of InnisHl legalized. 
 
 1 roviHions as to bonus of County of Sinieoe— Division of county into two 
 sections, VIZ. : Mainline section— Collingwood Branch sccti(m— Township of 
 Adjala to belong to both .sections— rrovisions with reference to Trustee of 
 himcoe bonus— Company entitled to receive .«i| 70 ,<H)() of same— §000 in bo paid 
 annually to Town of Collingwood, luitil commoncemont of t!ie Collingwood 
 branch-Clause 15th of Uy-hiw of the City of Hamilton, No. 87, repealed. ... 
 
 58 
 
 7. 41 Vict. Cap, 48. a. d. 1878. ' 
 
 An Act relating to the Hamilton and North-Weatorn Railway Compam 
 
 « r.^l^A n**^'^*."® ^'"'"'^ *" amount of £550,000, or Debenture Stocl 
 
 ot .t(»00,0<JO -Power to issue Ucmds to the amount of £70,000— Ap 
 
 )mpany. 
 < Stock to amount 
 
 , , -,, -..v. ..,..,, ,..,v .,1 i,n/,u./0 — Applicatiim of 
 
 bonds— further power to issue Honda for construction beyond Barrio— Limit 
 to isano £3,000 sterling per mile 
 
 per : 
 
 8. 42 Vict. Cap. CO. a. d. 1879. 
 
 An Act relating to the Hamilton and North-Westorn Railway C^ 
 Certain contracts couhrmed— Preference atock to amount ( 
 ing to bo issued- HoldersentiUod to privilegeaof sharehoide. 
 Mortgage Bonds limited to £450,000 
 
 GG 
 
 72 
 
 9. 44 Vicr. Cap. GG. a. d. 1881. 
 
 An Act further to amend the Acta relating to the Hamilton and Nortli-Woatern 
 Hallway Company. 
 
 laauo of " joint working and e^iuipnumt bonds" authorized in connectioa 
 with others to bo issued by the Northern Kailway Company— GOO at £100 
 sterling each— Holders may vote and act aa Directors if interest unpaid- 
 Provision as to , 
 
 10. 44VicT (Canada). Cap. 38. a, d. 1881. 
 An Act respecting the Northern Railway Company of Canada- 
 
 Northern Railway Company to issue Joint Working and E(.uipment 
 to amount of £134,000 sterling, in connection with others to bo issued 
 
 Bonds 
 by the 
 
 Hamilton and North- Western Railway Company f . . , . 77 
 
 PART III. 
 
 PUBLIC GENERAL STATUTES OF THE PROVINCE OF ONTARIO, AND 
 OF THE DOMINION '>F CANADA. 
 
 STATUTES OF ONTARIO. 
 
 1 . Revi.seb Statutes of Ontario, Cap. 165. a. d. 1877. 
 The Railway Act of Ontario 
 
 83 
 
 2. Revised Staiutes of Ontakio, Cap. 16G. a. d. 1877. 
 An Act respecting aid to Railways. ^^q 
 
TAHI.K OF COSTKNTS. 
 
 vlii 
 
 3. REv,.i:n Statute, or Ontahio. C a.-. 174. ad. 1877. '- « 
 
 An Act rcBpcctu.g Mimicvval Insiitution. •••••* 
 
 4 RKVSKn STATUTES OK 0NTAH.O,CA.M80. A....l'^7.. ^_^ 
 
 AuActrc-i-tingthoAsBc— >t.frropcrty 
 
 5 41 Vict. Cap. Ki. a. l. 1878. 
 
 Western Kftilway Oomimuy) 
 
 0. 41V1CT. Cap. 11. a. u. l.'*78. 
 
 An Act respccti„« the registration of Railway AiO Scrip .•.•■. ' ' .. 
 
 7. 42V10T.CAP. 27. a. u. 1879. m 
 
 A„ Act to amend the Railway Act of Ontario 
 
 8 42 Vict. Cap. 28. A. u. 1879. 
 
 9. 43V.L'T. Cap. 27. a. d. 1H80. 
 
 An Act respecting Municipal Assessment and Exeu.ptions - '''' 
 
 10 44 Vkt. Cap. 22. a. n. 1881. 
 
 of Railway Employees and the 1 i»blic 
 
 STATUTKS OF CANADA. 
 11 38 Vior. f^AP. 42. a. u. 1875. 
 
 AnActtopreventCrueltytoAnimalswhil.int.^^^^^ 
 
 ^ of conveyance within the Dominion of Can.ul. 
 
 12 42 Vict. Cap. 9. a.». 1879. 
 ingit 
 
 
 PART IV. 
 AGREEMENTS, ETC 
 
 BONUS BYLAWS AND AGREEMENTS. 
 
 I'A(iE, 
 
 X. By-law or county ot ^'^i;J^^JiZ;^S.^^^^ \ 
 
 Sr '™o;"S"o .WoCnTS. Railway and 0.;>.d.B,-„„, ^^^ 
 Railway running powers 
 
A 
 
 5(i 
 
 5!) 
 
 \m 
 
 1(11 
 
 lO'J 
 
 1(14 
 
 . 171 
 
 TAULK OF CONTENTS. IX 
 
 2. Agrooment with tho '".,wn8h;i) "f Imiisfil, 2ard J&nuary, 187.1, under Hy-law' *"'*' 
 Kruntmj,' ^•J(»,()<)0 t-. Hmuilton mul North-WcHtori Kmlway CMiipimy. 
 
 Cmiany undfitiiko togot Act to imtablish Hy-luw, to got Agreemoiit mid 
 Moml lugiilizfd. Momir, to 1)0 rofiindod unless Siiuc(»t) givo8%i;((K),()0(). Com- 
 j.Hiiy to orect stiitions at Cookstowii, Thornton ; iit intorsoction of sido-lino 
 l)etwcon 20 and 21 Kssa, atid koop and maintain aamo ; t. liavo regular 
 trains running from Haniilton to llarrio within five yoars f'- .ni By-luw. or 
 to iiiiy iuteroat at (J por cent, untd completion of Uailwiiy I87 
 
 y. Agrcomont with tho Townsliii, of Nottawasaga, iOth May, 187;i. 
 
 ^i:!0,(M)<) to bo siiont on Hrancli Ilailway to Coilingwood- Hy what points 
 road to pahrt-Comiany to erect Stations at Avcning, ("reumoro, sido-lino 
 .xtwoen lots ii, and 17, ;tii C'jucession, Lhintroon Jid Nottawa-To keen 
 a:: I niuintuui same for 7 ytars j H<> 
 
 'i. Agreon.ont witli tho Townsliii) ol Essa, .Dlh May, 187;!. 
 
 Coi-.pauy to oi-oct Stations at— 1. Cokstown— 2. Thornton—;] Inter- 
 section sido-hno between 20 and 21, Essa jir 
 
 5. AgrcpiiuMit witli the Township of Tossorontio, l!)th May, 187;;. 
 
 o V,'i""!''"'m/" '"''■''''^ '"^'fitions on certain sido-lines, and at— 1. Tottenham— 
 
 -. Clarksvillo— J. Alliston, and to maintain Siuuo 102 
 
 <». Agreement with tho Township of Mulmur, l!)th May, 187;5. 
 
 Company to erect Stations at certain sido-lines and t, (jilencairn 1!»:] 
 
 7. Agreement with the Tcjwn of h.irrie, 10th May, 187;j. 
 
 Main lino of Ilailway to pass through iiarrie— Pussonger and freight sta- 
 tions to bo located hero-- Workshops, ongino shops, etc., on lino n:>rth of 
 lecumsoth and south of Medonto, to bo located at l5arriu-Council to |)ass 
 resolution giving liailway right to run on streets other than High or 
 Small stroets-Condition on which right to bo grantcd-Company to keep 
 tlioir portion of road in repair t;nd ht for traflic, except when trains pa-s- 
 ing— Ji-ngines cars, etc., not to be k'jpt long on streets— Barrio not to share 
 in any bonus for extending line beyond Harric ]<)4 
 
 8. Agreement with tho Township of Adjala, IDtli May, 1873. 
 
 Company to erect Station at Ballycroy-Engiiiuor U, make survey to bo 
 approved by Vdjala-Company to place Hag st.-ition at intersection of 7th 
 Concession, 1 ocumsoth ,nr 
 
 9. Agreement with the Township 01 Tecumseth, I'lthMr.v. IS?.*} 
 Liito *" 1 " 1--1A ' '^< ■ '-•■ •" 
 
 ttfi 
 
 197 
 
 10. Agreement with tho Township of Sunnidale, 19th May. IBTS 
 
 Coini any to erect stations at Gloncairn, and at Creemore-Company to 
 maintain Stations for seven years after trains comme.xco to run... . .. .f.. . 198 
 
 11. By-law of tho City of Hamilton, 9th June, 1873. 
 
 Kate at which cordwood and greenwood to bo carried 193 
 
 12. Agreement witli the City of Hamilton, 3rd January, 1874 
 
 Itoad not to bo transferred to control of another company 195 
 
 13. Agreement with tho Township of Calodon, 8th October, 1873 
 
 Company to erect stations at Caledon East, at Sligo or 3rd line in Caledon 199 
 
 14. Agreement with Township of Albion, 8th October, 1873 
 
 7fil'ri'."'T-T *" li^''''f ,^*'^^i""8 '^t <=ertain places at 4th line of Township, at 
 7th Ime below Buckstrom, and Caledon East "..... 200 
 
H 
 
 T>^LE OF CONTENTS. 
 Ungton 
 
 -^-s;;^rS:^clS^^»Sn -- 
 
 ,0. Agreement w.h the T^^^^^^^^^ Milton to close ^^^ 
 
 strerSfenng with same or sidings - 
 
 t ^Uh the Village of Georgetown, March, 1874. oos 
 
 21 By-law of City of Hamilton grantingWOO^^^^^^ 
 
 ^^- ^^ Mayor to^e ex-offido 'if '^f '^^ ,^^^7 fSht-shecls and elevators to 
 _-Smstruction and manufacturing shops, *;^^ 0O_F,,i ut for Lake On- 
 he at Hamilton and ^-^^J^/^^S Jp^, jl.otTo^uiW wharf, timber-boom, 
 tario to be transhipped tbera-^ompa y ^^^^^^ ^^^ ^^^^ ^000 per 
 
 elevator, etc. , thereon except m city '^^t J ^ ^^ ^,6 an independent road 
 Sle to be pi'i-^^hased by ^""jP'^^^^^^rKS in H amilton-Not ^ run 
 _To form i^nction wi^h Gr at Western^^^^^.^^^^^ ^^^^ ,,, beach on 
 
 ^rTor^Sith^T^m^trlss same except by necessity... • ^^^^ 
 
 22. By-lawof T^.ship.Mulmn.3C^-^^^^ ^ 
 
 ,. .greenient^.hPecemb^lS7.J^-> -^^^ 
 
 S^;??S2'S:^-^--^™^-^ - erect SUtu. at 10th Co., ^^^ 
 Innianl North- 
 
 near Hurontario Street 
 
 ORDERS IN COUNCIL GRANTING AID. . 
 
 '■ ^^^ISSed't^'S^H'S.KRaiW^ 215 
 
 at rite of $2,000 per mile 
 
 Order in Council, 19th Ma,rch, 187^ ^^^^^^ Hamilton and Barrie, 
 
 lieu of annual payment 
 
 3. i 
 
 4. J 
 
 2. 
 
TABLE OF CONTENTS. 
 
 XI 
 
 )2 
 
 [)2 
 102 
 
 >os 
 
 203 
 
 MINUTE OF RAILWAY COMMITTEE. 
 
 203 
 
 205 
 207 
 207 
 207 
 20S 
 
 2oa 
 
 PAGE. 
 
 210 
 
 na 
 
 215 
 
 rie, 
 for 
 
 D8t. 
 
 nay 
 3 in 
 .... 215 
 
 Minute of Railway Committeo cf Privy Council as to Swinjr Bridge over Bur- 
 hngton Canal, 8th June, 1876. 
 
 Permission given to Hamilton and North-Western to construct— Not to in- 
 terfere With road ai)i)roaches— Centre pier to bo clear of protection pier of 
 CJinal— Inclmo to be made up to it if level of Railway track higher than side 
 of protection pier— Bridge to move in one and a half minutes after end ad just- 
 ments slackened, and alt(jgether in three minutes-To be open excei>t when 
 tram passing— Never closed when vessels within mile— No fixed li-dits 
 except range lights to be on— Switch points to close main line when opcTn— 
 I ^^ "••'^"f. Pfn-! *"« ^^ furnished to Dept. P. W-(;„m. P. C. to approve of 
 plans- Liabihtyof Company for damages— Bridges to be subject to all con- 
 (U ions for safety made or to be made— Regulations as to ferry slips on west 
 side of canal, and new slips and road approaches 210 
 
 AGREEMENTS OF THE COMPANY WITH OTHER RAILWAY 
 
 COMPANIES. 
 
 1. Agreement between Hamilton and North-Western, and Hamilton and Lake 
 
 Jirie Railway Companies for their amalgamation . 
 
 w^n'^'n ^•■^T-''''^'^?- ^"^^ ^' ^- ^^y- ^"^-^ amalgamated as H. and N.- 
 W. Jty. Co.— (shareholders of each Company to be entitled to receive shares 
 in united Company. 
 
 To be entitled to one vote for each share in United Company— Board of 
 Directors to consist of nine members and ej-. offido Directors— Quorum- 
 First Directors of United Company— Term of ortice— What statutory pro- 
 visions to regulate the United Company— By-laws applicable to the United 
 Company ^^ 225. 
 
 2. Agreement between Great Western and Hamilton and North-Western RaU- 
 
 ways, as to crossing near Wellington Scpiare, 16th November, 1870 
 
 fnr swu? ?"'" ^vv ''I"'^*°u '-V"* North- Western Railway Company'granted 
 for5fl,043— Great Western Railway to construct crossings of steel— to erect 
 two crossings andfoijr distant semaphores-Construct notice boards, watch- 
 men s houses, etc.--To keep in repair and control works-Great Western 
 Railway signals to be used-Great Western Railway to work semaphores- 
 Hamilton and North-Western to pay monthly cost of maintenance - To 
 construct and maintain notice boards, fences, cattle guards, and culverts 
 
 "'^'t?''.u w '•!*'"\^'"'^?yT,^^'''^*''* ^^^••''*'^"> l^-'^l^'-^y »W re<iuire Hamilton 
 and North Western t«, work-Great Western Railway trains to have first ri"h" 
 of .way— Precedence of trains regulated 228 
 
 3. Af^eement between Hamilton and North-Western and Grand Trunk Railways, 
 
 21st ^ o vember, 1 87b, as to crossings at Georgetown „ . . 231 
 
 4. Agreement between Northern Railway and Hamilton and North-Western 
 
 Railway Companies, 0th June, 1879, for the working of their railways 
 
 Agreement to cmitinue for twenty-one years-Executive Committee to 
 superintend, etc.-To control plant of both Companies-Inventory of each 
 Company's plant to be made-Things not consumed to be kept in^repair- 
 Valuation and reapportionment at the end of term-Buildings, sidings, 
 machmery, etc. to bo under control of Executive-Provision as to elevator 
 at Hamilton- Working expenses to be paid out of gross eamings-What 
 working expenses dehned-Net earnings, how divided-To be applied first, 
 in payment of bonds- Appointment of Executive Committee, eight mem- 
 bers, four each Coinpany-General Manager N. R. chairman-Executiva 
 bvTr, oT Tl^'f ''* *" n"^' by-laws-Boards of each Company to confirm 
 by-laws of— or Referee- Quorum for meetings- Secretary N. R , Secretary 
 Executive, General Manager N.R, Manager^Executive Committee! p™ 
 
 W 77""r*° ^r^'^n''*'"? '^l'"'^^ "^-I^y either Company or Referee - 
 -Effect of rules not disallowed-Rates, provisions as to-Engagements of 
 
I 
 
 TABLE OF CONTENTS. ^^^.^ 
 
 ^" • Vitlicr Company not liable for pre- 
 
 Execntivc binding on both C«n.pa"J«-E^^^^^^^ ^o coj| ro^ 
 
 S an.1 future -«a,— ^^-,^^,f '^ ff''\S:TS'^^^^ 
 for each C^nn^'^^yJlJ^^^^*^^^^^^ j.int agent ni ^'i n W fst r^efereo 
 
 ±:i:^z:s:^^^^-^-^-^ ' 
 
 C W Trunk and Hamilton and North-Western Com- 
 5. Agreement between Gnm'^ \„ ^^^ at ^f-^e^'^^''\. t,,„ Companies-Two 
 ^^^ShS--totmaintain.l<^Jo;nt^ 
 
 of g't. 11. as to signals, etc 
 
 « -u n and North-Western and Grand Trunk Had- 
 
 Covenant to use in common 
 
 A f th Western and Creuii 
 
 c!)mpani.st;nsesUtH.yomt^y--^C:tditV^.^ J^^^^^^^ ^^ ^,^^,,,3,ed if ^^„ 
 
 iTisixi:si.;-.^i-f-^ed ' •• 
 
 1 n-unilton and North-Western, 2l8t Feb., 
 
 .3. Agreement between ^^^^^l^^^^^n.^ bonds, etc. 
 
 "1881 for the issue of joint workin^ " „„,i bv Northern Railway Company 
 
 "-K:iur^^H=°-^^^^^ 
 
 OTHEE AGUKEMEN'T., ETC.. AFFECTING THE C0MPA:,V. 
 
 1 Resolutions of Hamilton City Connf^l^^^Jj^^^^^l^ to carry line 
 
 acre for taxation 
 
 •3 Agreement between Hamilton -"*\'^"°,?,tlwirg SS ^^^^ -»« 
 
 half yearly .... • •*" 
 
 1 TJnrth-Westcm Company and Coriioration 
 
 4 Agreement between Hamilton ^"^/"7J ^u S^^^ «each. , . . 
 
 ^- ""Z Hamilton 24th ^ -y/J'JJ^tion-To erec^ board fences on e^^h side 
 
 ofSS^SS'Sl^&provide .id_«^^^^ 257 
 
 feetapart... 
 
 ( .*wpf-fe 
 
TABLE OF CONTENTS. Xll 
 
 PAGE 
 
 5. Extract from Report of Parks Comniitteo, adopted by the City of Haniilton, 
 25th Jnno, 1877, with reference to IJiirliiigtoii IJeach allowing wire in- 
 stead of board fence 259 
 
 f). By-law of Villngo of Caledonia, dated 4th October, 1872, to alter the grade of 
 
 Front Street, in said village 250 
 
 7. By-law to provide for the carrying of the Hamilton and Lake Erie Railway 
 
 along certain streets in the Village of Caledonia, and for other purposes 
 connected therewith - 200 
 
 8. Agreement between Hamiltim and North- Western Rjiilway Company and 
 
 James E. Ea-'er 2G4 
 
UA 
 

 
 PART L 
 
 STATUTES OF THE PROVINCE OF ONTARIO 
 
 RELATING TO THE 
 
 HAMILTON AND LAKE ERIE RAILWAY COMPANY 
 
 (now amalgamated with the HAMILTON AND NORTH- 
 WESTERN RAILWAY company). 
 
 ■ 
 
!| 
 
 IB 
 
 1 
 
 ! 
 
 11 
 
 
 i ■ 
 
 
 1 
 
 1 
 
S 1' A T U T E S 
 
 OF THE 
 
 PROYIKCE OF OI^TARIO 
 
 RELATING TO 
 
 HAMILTON AND LAKE ERIE RAILWAY COMPANY. 
 
 ANNO TEICESIMO TERTIO VICTORIA REGIN^. 
 
 (33 Vict.) 
 
 CAP. XXXVI. 
 
 An Act to authorize the construction of a Railway 
 from some jjoint in the City of Hamilton to Cal- 
 edonia.* 
 
 [Assented to 24:th December, 18G9.] 
 
 .,}y'''' «;e Pronsions of 38 Vict. Cap. 48, p. 47, this Railway Company was 
 ainvl,,amated with the Hamilton and North Western Railway C^m fan v. 
 and, by sec. 12 p. 51 of that Act, it is provided that all the rights of both 
 Companies are to belong to the new Company formed by their amal<rama- 
 t cm, and that, m the event of inconsistent provisions in the Charters of the 
 two Companies that the agreement between them should detine which 
 shouldcontniue to be possessed by the united or purchasing Company 73 
 by section 13, p. 51 of the same Act, that the several powers and provisS 
 contained m It as to the issue of bonds or debenture stock by the Hai 5' 
 on and North Western Rail way Company should apply to t/e Rail way f 
 tte SnaT . ;:!!.r'f ^"^' E^e Railway Cou.pany ; Provided that no bonds of 
 Jn^r* fi^ ^'^ or purchasing Company should be iss.ied upon or in re- 
 spect of the property or line o: railway of the Hamilton p, d Lake ErL 
 Railway Company until the bonds issued by that Company had been re^ 
 
 F?^ A'n,'TP*'".'''"r^ ^""'^^^"^ *^« I»"n^«e of such redemption! 
 Vift c.4 S p.'53;" ^°'''*^^'°^'"*' ''^ P'^S''« ^25. It was confirmed by 39 
 
 W^PeHttVrI;.!?"I^^rAr^"'^^'^"^.'"^^ ^""'^'^y theu-P^ -amble. 
 T t l^etition prayed that they may be incorporated for the 
 
 purpose or coastructing a railway from some point in the City 
 of Ha-inlton to the Vil age of Caledonia, or iome other poini 
 on the Grand River, and it is expedient to grant the pra/er of 
 the said petitioners : Therefore Her Majesty, by and with the 
 advice 
 
 * By 34 Vic. Cap. 41, 
 Port Dover, or to some 
 
 B 
 
 I, P. 13, power is given to this Railway to extend its Une to 
 otlior point on Lake Erie, in the County of Soil? 
 
\ 
 
 HAMILTON AND LAKE ERIE llV. CO. 
 
 Cap. 3G. 
 
 4 18GD. 
 
 a,lvice and consent of tl,o W.slativo A»ou,l,ly o£ the Province 
 
 of Ontario, enacts as lollows :— 
 
 ,„„„.,..U.n. 1 That Oeo,«o H-f,'™/\t,;;f"i^J^"SS;n,'Sun 
 John Stuart, Josonh L'^t;', "a. "■' :^J , , ^. 
 
 livown,\Vill..u"t'lw\l' ■;"'/' ^;'^^;,'Ji^, William (Jopp, 
 'i'''aTw„ r t^c S,ina;! r.onal.i Maclnne. anjl 
 r:rKO'Uein;:an..,chothevv.,.o^^^^^^^^^^^^^ 
 
 Erie Railway Conipany. 
 
 « The several clauses of the Tvailway Aet of the Consoji- 
 
 arul "»';7;yf j/^J^f^^f t^ ( O. '^^^^^^-^-^^ ">-'^*"^'^ OO pres.len 
 brulgos {I), tenets (^mj, u)us '^ -'' ^ . , . ^ (,.) ^iiares and 
 an.l .Erectors their ^"^^'^^u.n a a dutit^^ ( >;, ca u; ^.^^, 
 
 their transfer (r). niunieirahties O"' ' ^^jr mosoeut^^^^ (<0. ^>y- 
 
 tJZ^o tlt'clauscs of the Railway Act so incorporated 
 with this Act. 
 
 CoiiK. llailway 
 Act anil 
 uiiMiiilmeuts 
 to Hpply. 
 
 Powers. 
 
 a. Tl>e said Conn.any hereby incorporated, their -vante r^nd 
 
 Ac! 
 
 (a) See R. S 
 
 ('') 
 
 do 
 
 ir) 
 
 .lo 
 
 {<() 
 
 do 
 
 ie) 
 
 do 
 
 (0 
 
 <lo 
 
 <'/) 
 
 do 
 
 (A) 
 
 do 
 
 (0 
 
 do 
 
 <;) 
 
 Ldo 
 
 W 
 
 do 
 
 U) 
 
 do 
 
 (m) 
 
 do 
 
 <«) 
 
 <lo 
 
 (o) 
 
 do 
 
 iu) 
 
 do 
 
 CclOo 
 do 
 do 
 do 
 do 
 do 
 do 
 do 
 do 
 do 
 
 do 
 
 <lo 
 do 
 do 
 do 
 do 
 
 83, 
 
 84. 
 
 84. 
 
 8.5. 
 
 86. 
 i>. 8(J. 
 
 Hs. 2, 3, 1». 84. 
 8. 8, p. 87. 
 8. (t, p. 87. 
 s. 10, p. ttO ; ss. 
 
 11.12.P. 1«. 
 S3. 11-20 ; p. t»3, 
 
 s. 9, 8ub-s. 3, 
 
 p. 87. 
 s. 21, p. 101. 
 8. 22, p. 102. 
 8. 23, p. 104. 
 BS. 24, 25, p. 106 
 B.2t>,p. 100:8. 2.5 
 
 p. 100 ; 8. 30, 
 
 Bub-8.4,p.l20. 
 
 (q) See R. S, 
 
 {■■<) 
 (t) 
 
 (u) 
 
 
 do 
 do 
 do 
 
 do 
 
 do 
 <>o 
 do 
 
 0.,c. 105, 88. 27, 28, p. 109, 
 B. 20, sul)-8. 17- 
 18, 19, p. 109. 
 
 H. 29, p. 112. 
 
 H. 31, p. 114. 
 
 B.30, p. 114;s. 29 
 
 8\ll)-88. 0, 7, p. 
 
 113. 
 
 88.34,35, p._ 118. 
 Hs. 84, 85, C 
 S. C, p. 137. 
 
 8. 32, p. 116. 
 
 8. 33, p. 110. 
 
 B. 30. p. 120, 8. 29. 
 huli-s. 5, p 113, 
 B. 10,8ubss.l3, 
 14, ]). 89, B. 23, 
 Hiil)-s. Il,p.l05 
 B. 30, Kub-8. 2, 
 1.. 114, H. 33, 
 8ub-s. 12, 13, 
 p. 118. 
 
 do 
 do 
 do 
 
 do 
 
 do 
 do 
 do 
 
Jap. 3G. 
 •roviiice 
 
 Winer, 
 , Adam 
 Gurncy, 
 \ Copp, 
 es, and 
 or shall 
 shall be 
 or[)orate 
 nd Lake 
 
 Oonsoli- 
 ct t(! the 
 axth (/■) 
 with re- 
 (0, plans 
 vays and 
 president 
 lares and 
 letion for 
 
 leral pro- 
 led to he 
 y and the 
 X as they 
 leof ; and 
 L)e un<ler- 
 ;orporated 
 
 vants and 
 agents 
 
 27, 28, p. 109, 
 2(>, sul)-8. 17- 
 K, I'J, V. 109. 
 9, p. 112. 
 11, p. 114. 
 0, p. 114; s. 29 
 
 ul)-88. (i, 7, p. 
 
 .i:i. 
 
 ■M, wr^, p. 118. 
 IS. 84, 85, C. 
 ?. C, p. 137. 
 VI, p. 116. 
 W, p. 110. 
 id. p. 120, s. 29. 
 ^u1p-s. 5, p ll;5, 
 .. 10,8ubss.l3, 
 14, J). 89, B. 23, 
 Hlll>-H. Il,p.l0.'> 
 B. 30, Hub-8. 2, 
 p. 114, H. 33, 
 suVi-n. 12, 13, 
 p. 118. 
 
 C.VP. 3G. HAMILTON AND LAKK KUIE UV. CO. 33 VlC. | 
 
 agents, shall have full power under this Act to construct a rail 
 way ron. any point in the City of Hanwit.n to tl o ' la. c o? 
 
 posts or tins Act may ho made in the form .set out in thp ""J'^t^tr^ 
 
 tlVercoi:* ' ""^^ ^''^••t'hcates endors.Hron the .luplicate 
 
 -MeKeM/io .J M VVi 1 ^ ^ ' aT \^''^^'> J<^J"» «t"art, John r'«•^<=t<•"• 
 WincT Wiili'.n ' r ■'•''' "^^ T '" ^^^''^' ^^''^^■^"•'l «'»-"^^v, John 
 
 J<i"<ler or dehiv the Comm i"f. ' ^' v"' J"''^""«'it, would 
 i'l} tilt (.omi)any from proceeding with the railway 
 
 hereby authorized and nil fl,^ . t,;mncctea with the works 
 
 l)urpose whatever. ^ ^°*'' '"^^ *o »« «t'»er 
 
 See 34 Vict., pji p. 41 sec 11 nn i^ • • 
 to four liundrud tliouaand dollars °^ ' ^'"'"'° P"'*'*'' *° "''=''«<'«e capital 
 
 J <j, Bu_ M. « a vf Aifreement, p. 227. 
 
6 
 
 18G9. 
 
 HAMILTON AND LAKE ERIE RY. CO. CAP. 30. 
 
 , 7 And it shall further l»e lawful for any municipality or 
 
 ^S;aUUe« numicipalitl.s. through «i>y luut of which o'' "^^^^V^' »'»•;' ^'f 
 »" '''^'' railway or works of tho sai.l Co.npany shall pass c.r bo situate.!, 
 
 or which nmy bo benefited thereby, to ai«l and assist the sai.l 
 ConM.anv. by loanin-, or ^Miaraiiteeinj?, or giving money by wav 
 of bom.; or other means, to tho Company or issuing municipal 
 bonds to or in aid of tl.e Company, and otherwise in such man- 
 ner and to siuh extent as such municipalities, or any ot them, 
 shall think expedient, an.l subject to such restrictmns ami con- 
 ditions as may be mutually agree.l on between such mumei- 
 pdity and the directors of the railway, such . irect ns and the 
 council of such municipality being respective y auth.n-i/ed to 
 make such ag.eements as may be necessary tor the purpose ; 
 Provided always, that no such aid, loan bonus or guarantee 
 shall be given except after the passing of by-laws f.>r the pm- 
 
 <'A1', 
 
 , , .,: nose and the adoption of such by-laws by the rate payers, as 
 by-lawfl ai.Uns r"^^. "" » u-ulvav Act" Provided a so, that any such 
 
 to receive ctm- proviueu 111 tue It.lUV, a} iVLi/ , iiuviii-ii , J 
 
 ' ''■ by-law to be valid shall 1)0 made m conformity with the la\Ns 
 of this Province respecting municipal institutions. 
 
 Hent of rate- 
 payer 
 
 First general 
 meetiiif,' ti) l>e 
 called by di- 
 rccton". 
 
 On their de- 
 fault, to be 
 »;alled by 
 KtockliolderM. 
 
 Notice of 
 meeting. 
 
 Election of 
 directors. 
 
 Tho soctions of tho ILunilton and North Wo8t«rn 11 uhv.iy Company's 
 Act with c^vrd t< a d froui municipalities apply to the United (Company 
 ^.rmcMl by aaialK.un.ti..n of this Company with Ba.ne. See Agroo.neur, 
 sec. 8, subs, d, page li'-^T. 
 
 8 As soon as shares to the amount of one hundred thousand 
 dollars of the capital stock of the said Company shall have been 
 subscribed, and ten per centum thereof paul into some chartered 
 bank, and which shall not be withdrawn evcept lor the purposes 
 of this Act, the provisional directors shall call a general meeting 
 of the subscribers for the sai.l capital stock who shall have s.> 
 pai.l up ten per centum thereof, for the puri.ose of electing 
 directors of the said Company. 
 
 The above section is repealed by 3t Vict., cap. 41, sec. 2, p. 13, and 
 other provisions enacted in lieu Uiereof. 
 
 O In case the provisional directors neglect to call a meeting 
 for the space of three months ..fter such aiiDunt ol the capital 
 stock shall have been subscribed and ten per centum thcreot so 
 paid up, the same may be called by any five of the subscribers 
 who shall have so paid up ten per centum, and wlio are sub- 
 scril-ers among them for not less than one thousand dollars ot 
 the said capital stock; in either case notice of the time ami 
 place of holding such general xr ^^ing shall be given by publi- 
 cation in one newspaper in the of Hamilton once in each 
 week for the si)ace of at least t -eeks ; and such meeting 
 shall be held in the said City of H^ .Iton, at such place therein, 
 and on such day as may be named oy such notice. 
 
 aO At such general meeting, the subscribers for the capital 
 stock assembled, who shall have so paid up ten per centum 
 thereof, with such proxies as may be present, shall choose seven 
 
 person* 
 
<'AP. 30. 
 
 IIAMII.TOX AND LAKE KUIK UY. CO. 
 
 3:i Vic. 
 
 )U 
 
 |.ersoiiM to 1)0 diivctors of the said Company, and may also 
 iimko or pass sii.li rules. ie,i,'idations and l.y-laws as may be 
 d.M'ined oxpcdiont, piovidcd they l.c not inconsistent with' thin "^■"'*^''* 
 Act. 
 
 ]{y :it! V let. cap. Ho, hoc 2, (hi-o paj^o 18), Companios havinjr running 
 powfi-H oviT Imo w..n. to l.u .■i.titli^d t... i .'prfHoiitiitivt's on Jx.iir.i • l.ut 
 .18 Hpi-fHiH l.y tu. recital of ;J7 \'ict. cap. 4r,, p««o '2W, tho (Jra.ul Trunk 
 and (.loat WcHtirn Hmlway ConiimnicH, witli wJ;..ni the aKiccnioht for 
 niniim-; powers wan to have been nia.lo, did not carry it out, and con- 
 se<iuently this provisu n never caino into operation as to Ihoui. 
 
 H No person .shall be .pialined to he elected as snch director ci„alificatio, 
 (»y the slwuvlioldcrs, iinle.ss Ik; he a sluueholder lioldin-r at k-a-st "' ^"'■"^t""* 
 ten shiuvs of stock- in the Company, and unless he lias i>aid in) 
 uJi calls thereon, {n) ^ 
 
 l«. Tlierenfter the ^.eneral annual meotinrr of the sliarc- AnuuaU'e.H.r. 
 ho ders of the said Comi.any shall he held in such place in the »' >'-ti"K": 
 City of Hannlto.i on the third Wednes.lay in June in each Srai 
 year or on such days, and at such hours, as n,ay be direct.Ml by 
 the by-laws of the .said Company ; and public notice ther.Mif 
 shall be given at least thirty days j.reviuusly in one or more 
 newspapers published in the counties throu-di which the .said 
 road may pa.ss. 
 
 is Suil'for thinl ''w "^' """i ' • ?'• '"^t' *^'° '^""^ "^ *'>° '-^"""'^l ^'""'-''•''I "^««t"'g 
 13 nxud tor third Weimeaday in May. 
 
 The proviHions of the Hamilton and Nortli Western RaiUvay Comi.anv 
 Act regarding general annual meetings, p. [», are made appl.cvible to tho 
 I lilted company by Agreement, sec. 8, subaec. /., p. 227. 
 
 13. S|.ecial general meetings of the shareholder,s of the .said Spedalgeneral 
 company may be held at such places in the .sai.l City of Ilamil- "'-tS. 
 ton, and at sujh times, an.l in such manner, and foV such i.ur- 
 poses as may be provided by the by-laws of the said complmy, 
 and after due notice shall be given as aforesaid. 
 
 The provisions of the Hamilton rnd North Western Railway Company's 
 ActB regarding special meetings, p. 153, are made applicable to the U ?ted 
 cjmpany by Agreement, sec. 8, subsec. c, p. 227. 
 
 14. The directors of the said comjjany shall have power to is- n „ i . 
 sue bond,s made and signed by the president or viclpm^l^rJts -a^^etc 
 ot the said company, and countersigned by the secretary and 
 treasurer, and under the seal of the .said comi)any for the pur- 
 pose of raising money for prosecuting the said undertak.n<. ; 
 <an,l such bon<ls .shall, without registration or formal convey- 
 ance, be taken and consi.lered to be, the first and preferential 
 claims and charges upon the undertaking and the property of 
 the company, real and personal, then existing and at any {hue 
 thereafter accpiire.l, and each holder of the said bonds shall 
 . be 
 
 T.^inlJ,'!, **''** ^^"i^'''^ t'ompany fonned by anmlganrntion witl, the NortTw^t^ 
 
 raiHU 
 
 I 
 
8 
 
 LSd!). 
 
 llAMII/roN AND r,AKK EIMK ItY. CO. 
 
 Cap. .%. 
 
 Limitation to ^>^ <looiiio(l to lie a iiii)it.;^'aLr<>(> HP'! iiuMiiuhraiUN'r />)•<) viilti witli 
 
 IwiiUh, ,ill tlu! otlu'i- holders tlu-ifiif upon tlin iindcitakiiit,' and tln' 
 
 proiH'ity (if tho t'oiiipaiiy as aforesaid : ^Provided, liowcvtT, 
 
 that thr \vh(il(! amount of such issue of Itoiids shall not cxcri-d 
 
 in r.ll tho sum of om^ hundivil and fifty thousand dollars, nor 
 
 sliall the amount of such hoiids issui'd at any one tiuw; iu- iu 
 
 excess of the amount of the actiuil [»aid up casli instalments on 
 
 Wlipnlmnd. '^s siiurc capital, to<fethei' with tho amount of municipal ami 
 
 lioltlii-H nmy other bonuses, and which liave leen actually expiiided in sur- 
 
 votu. ^,^,^.^ j^jjii jj^ ^yj„.)^^ of construction upon the hue : ProvichMJ also, 
 
 that in the event at any time of the interest upon the said Iionds 
 
 remiiiniii;^- unpaid anil owin;L;', then, at tho !;ext ensuin;,' <,'eneial 
 
 aimuai nn,'etin<.' of tho said company, all holders of honds sludl 
 
 luive and possess tho same ri<,ditH, piivile^^fes and tpialifications 
 
 for directors and for votin ' as are attached to shareholders. 
 
 Tly ;«) Vict., cap. 85, sccHoii .'{, p. 18, othor berrowiiig powora are siil)- 
 Btitutud for tlioso iu thia secHoii contiiiiiod. 
 
 15. All sucli bonds, debentures, mort;,'ages and other socuri- 
 
 iK.wtobe ^^ ties and coupons and interest wanants thereon lespectively, 
 
 ' may Ijo made payable to bearer and transferable by delivery, 
 
 and any holder of any such so made payable to bearer, may 
 
 sue t law thereon iu his owa luime. 
 
 BondH, etc., 
 liow to Ite 
 iiiiult' piiyabU' 
 
 % 
 
 Powers as to 16. The said company sliall have power and authority to 
 l.illHftiKlnotw. become parties to promissory notes and bills of exchan[,'e, for 
 .sun:s not Icfis than one hundred dollars; anil any such promis- 
 sory note made or endorsed, or any suv.h bill of exchan<fe 
 drawn, accepted, o. endorsed by tho president or vice-president 
 of tlie company, and countersigned by the secretary and trea- 
 surer of the said company, and under the authority of a quo- 
 nun of thi' di)eti>; H, shall 1' uiiidin',' (j.i tho said company; 
 and over J .ikh pruiuisso.y note or bill of exchange so made, 
 .sliall bo presumed to have been made with proper authoritv, 
 until the conti-ary be shown; and in no case shiiU it be neces- 
 .sary to have the seal of the said company atKxe< to such pro- 
 missory note or bill of exchange; nor shall the i)resident or 
 ' vice-president or the secretary and treasurer be individually 
 
 responsible for tho same, unless the said promissory notes or 
 bills of exchange have been issued without tho sanction and 
 authority of the board of director.s as herein provided and en- 
 acted : Provided, howov(!r, that nothing in this section shall 
 bo construed to authorize the said company to issue any note 
 or bill of exchange payable to bearer, or intended to be circu- 
 lated as money, or as the notes or bills of a bank. 
 
 Tliig clause is amended by 30 Vict., cap. 8.5, section 0, page 20, wliicli 
 provides that it should not be necessary for the Secretary and Treasurer to 
 countersiyn tlie promissory notes herein pro%'ided for, but the signature 
 of either should be sutticient. 
 
 17. 
 
 • This lirst proviso is repealed by 34 Vict , cap. 41, section 4, and another cue 
 substituted. See page 13. 
 
(Jai'. :J(J. 
 
 ll.\Mir,T()N AND I.AKi; KUIli UV. CO. 
 
 :v.i ViJ. 
 
 
 
 ow 
 
 Tho Hoetion 28 of ihv Ilinniltnn ruid Noith WosttMii k ijiwiiy Cr»mpftiii '« 
 Act, ;}.") Vift., Clip. iM, |). li(», jVDVoriis tlm I'liitod (Jntiipany as to tlioir 
 [tovxT to miiko hills ami iiotes. (loc Ayrcuiiiuiit, p. .,"27, seo 8, stibsic. c. 
 
 IT. Kvory sliai'i'lioMer of one or iiKtro slinv^ of fho naifl ^''to^nn 
 iiytitiil stock, and homlholdi-rs, ps provid.-d iji sectim fourtt'on "''"'''■"*■ 
 of tills Aft, ill tlio saiiio ratio us sharclioMcrs, slinll, at an\ ;(c- 
 lU'ial iiu'ctin^' of tlm sliaiuhoMers, ))l) i-ntitlod to ouc vutu for 
 cvory sliaio licld l>y him. 
 
 IN. Tht! soveral iiiunicipalitics wlio may pass Uv-laws for Mundpalltii'^ 
 such donations or aid as is licndnhoforo mcntionod, by wav of •'^''{"w "eitl"-''' 
 homis, shall not ho entitk'd to claim any interest in tho iail- o«Vanmi"'*''"* 
 way as shareholih-rs, nor ho liahle as such for any debt obli- }"'':!^i;'*' '""" '" 
 gation or contract of the company. ' Inch. '*" 
 
 10. Any meeting of tho directors of the said company regn- tM,„umof 
 larly summoned, at which not less than four directors s'hall l)e ••'••«'-torH. 
 present, shall l)o competent to exercise and u.se all and every 
 of the powers hereby vested in tho said directors. 
 
 30. No call sliall exceed twenty per cent, upon tho amount falls, h 
 subscribed for by the respective shareholdersiu the said com- l"*y"''''' 
 pany, nor at .shorter intervals than two months. 
 
 Hy sec. 8, snlisec. a, of Agreeiiioiit, p. '227, the proviaioiis of tho Ham- 
 ilton and North Western llailwiiy Company's Act, as to calls, are appli- 
 cable to the United tomjjany, 
 
 31. And wiiereas the construction of a railway from the H.amilton and 
 City of Hamilton to the said Village of Caledonia was com- }.'"V' ^->'"«'' 
 mence«l several years since by the Hamilton and Port Dover visi-.r!; to" 
 Railway Comi)any, but by reason of financial enduarrassments «"'« thfiuof. 
 the .said company, after expending a large amount of money 
 
 thereon, were unable to complete tho same, and tho charter of 
 
 the said company has expired ; and whereas th»! .said company, 
 
 in pursuance of its powers, did grant a mortgage over the said 
 
 railway to secure the bonds issued for its construction, but the 
 
 trustees named in the said mortgage are both dead, and did 
 
 also grant a mortgage for the purchase money of certain lands 
 
 in Hamilton as station grounds for the .said railway, and doubts 
 
 have arisen as to the priority of the claims of "a registered 
 
 Judgment creditor and tho holders of such bonds as between 
 
 each other; and whereas the said undertaking is at present 
 
 valueless, and it is expedient to provide some means of i-ender- 
 
 ing the same available to the creditors having liens tljoi'eon, 
 
 and useful to the })ublic, be it therefore enactetl : That all and' 
 
 .singular tho estate, title and interest which the .said mortgao'c^s 
 
 and judgment creditor had in the said railway, its lands amfap- 
 
 purtenaiices, shall, from and after tlie passing of this Act, become 
 
 vested in A(l;un Hope, John Brown and William MeGi\eren, Trustees for 
 
 as trustees for sale, and they are hereby empowered to sell the '■ '. ?''; 
 
 ■^ ^ pointed. 
 
 said 
 
 i.ti ']i 
 
10^ 
 
 18G9. 
 
 HAMILTON AND LAKE ERIE RY. CO. 
 
 Cap. 3G. 
 
 i ! 
 
 said undertaking, and all other tlie mortgaged premises, or any 
 part thereof, eitlier by public auction or private contract, as 
 hereinafter provided ; but no such sale shall be made except 
 with the assent of the holders of a majority in value of the 
 said bonds, secured by the said mortgage, and of the said mort- 
 gagees of the said station grounds, and the said registered 
 judgment creditor.* 
 
 Hamilton and '^3. The company hereby incorporated shall have poNver to 
 v. D. Railway purchase all and singular the said railway, its lands, privileges 
 to'tlie G?^^' and appurtenances so comprised in the said mortgages, upon 
 such terms as may be agreed on between them and the said 
 trustees, with such consent as aforesaid, and either for casli or 
 deferred bonds of the company, or in shares of the cajutal stock 
 of the company, or partly in one or other of such modes of pay- 
 ment ; Provided always that if no such agreement shall be ef- 
 fected within three months after the passing of this Act, it shall 
 be competent for the company to acquire the lands so held un- 
 der the said mortgage, or any portion thereof, comi)ulsorily, in 
 the same manner as they are authorized to ac(piire other lands 
 paying the purchase money to the said trustees, or allowing the 
 said mortgagees or judgment creditor the amount due to them 
 i-espectively as paid up stock in the company, at the option of 
 the said mortgagees and judgment creditor respectively ."f^ 
 
 Powers of this 23. The company hereby created shall, upon the transfer 
 Co. on inir- to them of the said railway and works, as authorized by the 
 ntm?ant{ l"l)." preceding section, possess and enjoy the same, and tlie same 
 Railway. .sliall tlieucefovth rest in and absolutely belong to the company, 
 freed and discharged from all claims under the said mortgages 
 or judgment, and from any claims by the shareholders in the 
 said railway, and the conipany shall and may enjoy, exercise 
 and enforce all the rights, po' ers, claims, benefits, franchises 
 ami privileges grantetl or conferred on, or held, possessed and 
 enjoyed by the Hamiltir.i and Port Dover railway, or the said 
 mortgagees or any of them ; Provided that, except as aforesaid, 
 nothing herein contained shall be held or construed to make 
 the company hereby incorporated liable for any mortgage 
 given by the said Hamilton and Port Dover Railway Company 
 on any lands for the purchase nu)ney thereof, but they shall 
 and may ac([uire any lands so remaining unpaid foi-, or sueli 
 portion as they may require, in the same manner us they can 
 acquire other lands required for the said railway under this 
 Act. 
 
 "35. 
 
 Hamilton ami 24. Nothing herein contained shall affect or impair the val- 
 r. U. Kail- j^ij^ q£ ^|-^g ijgj^,, ^jf ^|j^ yg^jj bondholders and registered judg- 
 way, pio- ^ ».,„„♦ 
 
 ment 
 
 ■♦ By 3^ Vict., cap. 41, sec. .5, p. 13, certain powers are given to the City nf 
 Haniiltoii nmler this section. 
 
 t I'rovisicms with reference to this agreement are made by 31 Vict. cap. 41, sec. 
 It, p. 15. 
 
Cap. 3G. 
 
 HAMILTOX AND LAKE ERIE IIY. CO. 
 
 33 Vic. 
 
 11 
 
 ment creditor respectively, or their ])riority, as between each viNiona as to 
 othi'r, but tlie same shall remain and continuo as if this Act ^''''"* ^'^^'■'■'**"- 
 had not been passed ; and in the event of the said claimants 
 failing to agree among themselves, it shall be lawful for the 
 company to pay tlie purchase money into the Court of Chancery, 
 and for the said Court, or any Judge thereof, to decide upon 
 (5uch claims en petition, and to make such oiders for the i)ay- 
 ment thereof to the several claimants as shall ap[)ear just and 
 cipiitable. 
 
 25. Upon completing such ])urchase, the company hereby <^» completion 
 created shall liavu power, through their directors, to issue their tla- Co.'ray 
 bonds under the seal of the Company for a sum not exceedin" issue bonds, 
 one hundred thousand dollars, in addition to the bonds herein" 
 before authorized to be issued, and such bonds shall take pri- 
 ority immediately after such other bimds, and shall be a lienor 
 hyp(jthec upon the said railway, not reiiuiring any niort"-a<^e 
 or registration. 
 
 T.y ;34 Vic. cap. 41, sc. 13, p. Ifi, certain l)ond.s authorized to be issued 
 uiulof the authority of sec. 12 of that Act, arc given priiirity over the 
 b'nuls in this clause mentioned. 
 
 •20. The company incorporated by this Act may enter into The Co. nuiy 
 any arrangement with any other railway company, for the ^Kree with 
 woi'king of the said railway, on such terms and conditions as :;?;t,'woIS' 
 the directors of the two companies may agreee on, or the com- 
 pany may lease the sai<l railway, on such terms and conditions; 
 and for such period, and at such rent as may be ti.xed and de- 
 termined by tlie directors of the two companies : and in case 
 of any such anangement or lease, or of any agreement being 
 made with any such railway company, such company may, 
 and is heieby authorised to work the said lailway in the same 
 inanner, and in ail respects, as if incori)orated "with its own 
 line. 
 
 ove 
 
 Doubts having arisen as to the powers of the Company under the iib„. 
 section the true intent and meaning thereof is fully explained by 37 Vict 
 cap. 45, sec. 3, see page 24. 
 
 This secHon, as amended, is made applicable by sec, 8 (na) of agree- 
 iiK'Ut p. 227, to the United Company formed by am-ilgauuition with the 
 Hamilton and North Western Ituihvay Company, 
 
 27. The said railway shall be comi^leted from the City ^f When railway 
 Hamilton to Caledonia, or such other poiiits on the Grand *'"''« i^'*'"- 
 Kiver within two years from the passing of this Act, and in the t'ended "'''"' *'''* 
 event of non-completion within the time so limited the charter, 
 powers and privileges of the company shall be forfeited. 
 
 By 34 Victoria cap. 41, sec. 14, p. 10, the time for constructing the 
 line was extended to two years from the passijig of that Act. 
 
 M 
 
 ■m 
 
 ■ m 
 
 SCHEDULE 
 
 \ ■ 
 
12 
 
 1871. HAMILTON AND LAKE ERIE RY. CO. CaP. 41. 
 
 SCHEDULE A. 
 
 Know all men by these presents, that I, (or We), {infferfcJ'^o 
 the wirae of any other i>crson whomay he a ixiriy) in consider- 
 ation of dolhuN 
 paid to me (a.<? the cafie may he) hy tlie Hamilton and Lake 
 Erie Railway Comj)any, the receipt whereof is hereby aoknow- 
 leili,'ed, do grant and convey, and I the said (name of such 
 other party and of the ivije, if the grantee he married), do 
 grant and release, or do bar iny dower in, (as the ease may he,) 
 all that cotain parcel (or those certain parcels (as the ease may 
 he), of land situate (deserlhe the land) the same having been 
 selected and laid out by the said company for the purposes of 
 their railway, to liold with the apurtenances unto the said the 
 Hamilton and Lake Erie Railway Company, their successors 
 and assigns. 
 
 As witness my (or our) hand and seal (or hands and seals), 
 this day of one thousand 
 
 ei'dit hundred and 
 
 Signed, sealed, and deliv- 1 
 ered in the presence of j 
 
 (L.S.) 
 
 ANNO TRICESLMO QUARTO VICTORIyE RF:GIN.E. 
 
 (34 Vict) 
 
 rreain'ile. 
 
 CAP. XLL 
 
 An Act to amend the Act incorporating the Hamilton 
 and Lake Erie Railway Company. 
 
 W 
 
 [Assented to \5fh Fehruary, ISTl.] 
 
 ■ THEREAS the Hamilton and Lake Erie Railway f'om- 
 W pany, incorporated by an Act passed in the thirty- 
 third year of Her Majesty's reign, chaptered thirty-six, have 
 petitioned for power to extend the line of the railway author- 
 ized by their charter to Port Dover, or some other point in the 
 Coimty of Norfolk on Lake Erie, and for certain amendments 
 in their Act of Incorporation, and it is expedient to grant tho 
 l)rayer of their petition : Therefore Her Majesty, by and with 
 the advice and consent of tho Legislative Assembly of the Pro- 
 vince of Ontario, enacts as follows : 
 
 I. 
 
4 ^ 
 
 I 
 
 Cap. 41. Hamilton and lake erie ry. co. 
 
 34 Vic. 
 
 15 
 
 I. The said company shall have power to extend their lino Power to ox 
 oitlier troui Caiedonia or Cayuga to Port Dover, or some otiier t«»J t}.o line, 
 point on Lake Erie, within the County of Norfolk, ami the 
 several clauses of thellailway Act, whicJi, by the second clause 
 of the Act incorporating the Hamilton and Lake Erie Comt>any 
 are incorpoiated with that Act, and the powers given by that 
 Act shall be taken, lield and construed to apply to the exten- 
 sions hereby authorized to be constructed, as fully and effectu- 
 ally as if the said extensions had been originally authoiized by 
 the said last mentioned Act. 
 
 _ a The eighth section of the said Act is hereby repealed, and :w v., c. ;w, 
 in heu thereot it is enacted, that as soon as the sum of fifty "• ^' V- *h 
 thousand dollars shall have been subscribed, either in municipal otKer pivi- 
 debentures granted by way of bonus or otherwise, or in ordi- "l"'^'* »" ''^'» 
 nary subscriptions by individuals to the capital stock, or partly °^' 
 m such municipal debentures and partly in such subscriptions 
 and such municipal debentures shall have been deposited in 
 one of the chartered banks of the Province, or with the Pro- 
 vincial Treasurer, as hereinafter provided, and ten per centum 
 shall have been paid upon the shares so subscribed for into some 
 oljartered bank, there to remain until required for the purposes 
 ol t ns Act, the provisional directors, or a majority of them, 
 shall call a general meeting of the subscribers to the said capi- 
 tal for the i)uipose of electing directors of *he company. 
 
 3. The said last named directors are hereby authorized to Powers as to 
 take all necessary steps for procuring subscriptions for shares ^"i^criptioiis 
 in the stock books of the company from parties desirous of be- Iwt'"^" 
 coming shareholders in the said company, until the whole of 
 the capital stock authorized by the said Act shall have been 
 taken up, and to issue the necessary sciip therefor. 
 
 _ 4. The first proviso to the fourteenth clause of the said Act s^^V., c. .so, s, 
 is hereby repealed, and the following substituted therefor: Pro- JJ',j;;a5i 
 VKled always, that the whole issue of such bonds .shall not ex- 
 ceed two hundred thousand dollars, nor shall the same at any 
 time be in excess of the amount actually expended in works of 
 construction upon the said line. 
 
 .T It .shall be lawful for the City of Hamilton, which is a f -ity of Hamii- 
 creditor and holder of bonds referred to in the twenty-first sec- *""- i"'^ver.H 
 tion of the said Act, through its mayor or chief officer, to assent o'S's" y*;, 
 to the sale authorized by that section, and to accept from the '•• ' ' " ' ' 
 trustees deferred bonds and paid up stock in .satisfaction of its 
 claims, in the same way as other creditors, and such .sale made 
 with such assent as therein and herein provided, shall be valid 
 and binding upon all parties. 
 
 O. Incase the majority of the persons rated on the last as- if a portion ..f 
 sessment roll as freeholders, who may be qualified voters under "■ n'."»icipality 
 
 Mi 
 
 1 1 
 
 the 
 
 ilt.iire to aid. 
 
f 
 
 14 
 
 tlic 
 
 1871. 
 
 HAMILTON AND LAKE ERIK IIY. CO. 
 
 Cap. 41. 
 
 Council to the Municipjil Act in any portion of the municipiility, <lo peti- 
 *»Ly-law, ^j^jj^ ^1^^, council of such numicipality, to pass a by-huvus here- 
 iniifter set out, such petition t > detiue the metes and ])oun(ls of 
 the section of the muiiieipality within which the property ()f 
 the petitioners is situated, or in the case of a county munici- 
 pality the majority of the reeves and deputy reeves for those 
 townships, towns or incorporated villaj^es, that may be asked 
 to <,'rant a bonus, do petition the council of such county muni- 
 (•ipality to pass a b^'-law as hereinafter set otit, and in such 
 3)etition do define the municipalities for which they are ivspec- 
 tively the reeves and deputy reeves, and expressing the desire 
 of the said petitioners to aid in the construction of the said rail- 
 way by i^franting a bonus to the said company for this purpose, 
 an<l stating the amount which they so desire to grant, and the 
 metes and bounds of the section or sections they desire to be 
 assessed therefor, the council of such municipality shall pass a 
 by-law ; 
 
 For raising the Cl.) For raising the amount so petitioned for by the frec- 
 
 ' " '" holders in such portion of the niunici})ality or such reeves or 
 
 de])uty reeves, by the issue of debentures of the municipality, 
 j)ayal)le within twenty years, or earlier, and for the payment to 
 the company of the amount of said bonus or donation at the 
 time and on the terms specified in the said petition; 
 
 amount i)i'ti 
 tioiiml for liy 
 the isstie of 
 <!«!• \tures, 
 
 For assessing (2.) For assessing and levying upon all the ratable property 
 anil levying an iyi,^„. within tho section deflnetl bvthe said ])etition, an annual 
 
 annual sptuial '■ 9 , , ,,, . . . . , , •' . , . i- i .• ,1 
 
 rate. special rate suihcient to uiclmle a sinknig rund ror tlie re-pay- 
 
 ment of such del.»enturcs,with interest thereon ; Provided always, 
 that such by-law shall be ajiproved by a majority of (pialified 
 municipal electoi's in the portion of the municii)ality petition- 
 ing as aforesaid, pursuant to the provisions of the Municipal 
 Act hereinbefore mentioned.* 
 
 Towers to ex- 7. It shall bc further lawful for the Corporation of any nunii- 
 
 eiiipt orcom- ci])ality through any iiart of which the railway (jf the said com- 
 
 iimte for taxes, a - ••1.111 • 11 1 i- ai x 
 
 pany passes or is situate, by by-law specially passed for that 
 
 purpose, to exempt tiie said com])any and its property within 
 such municipality, either in whole or in part, from municipal 
 assessment or taxation, or to agree to .a certain sum per annum, 
 or otherwise in gross or by way of commutation or composition, 
 for payment or in lieu of all or any nuinicipal rates or assess- 
 ments to be imposed by such municipal corporation, and for 
 such term of years not exceeding twenty-one years as such 
 municipal corporation may deem expedient. 
 
 Debentures in ^. The munlcipalit}'' or municipalities granting aid by way of 
 aid of the rail- bouus, or authorizing the issue of municii^al debentures to the 
 be^lealt witii. Company to aid in the construction of tlie railway, shall within 
 
 one 
 
 * This clause is to be read aa varied and amended by 3lj Vict. cap. 85, sec. 15, see 
 
 pat;e 22. 
 
Cap. 41. 
 
 HAMILTON AND LAKK ERIE RY. CO. 
 
 3t Vic. 
 
 I;T' 
 
 ,*wl 
 
 one month after the piissin;]^ of the Ly-laws c:r;inting such aid, 
 deposit tlie same either with the Provincial Treasurer or in ono 
 of the chartered hanks of this Province, to be withdrawn upon 
 such terms and conditions as may be mentioned in the by daw 
 ov in tlie agreement entered into between the council of such 
 niunicii)ality and the directors of the company. 
 
 9. In the event of the af,'rceni('nt referred to in the twenty- A-m-moiit^ 
 second clause of the said recited Act not Ijeinj,' carried into ;{:'/viT,V*.'';«l! 
 effect within two months after the organization of the company «• -'-\r>.'i(», 
 under this Act, the trustees named ^in the said Act shall and LTto;''""^ 
 may transfer to the company' hereby incorporated the whole of 
 
 the ju-operty vested in them under the last mentioned Act upon 
 the trusts followini,', that is to say : That the same and the 
 injprovementsto be made thereon, and their appurtenances and 
 all other property to be acquired by the said company, an<l the 
 tolls, receipts atui revenues thereof over md beyond the work- 
 ing; expenses and maintenance of the said railway shall st^md 
 pledi^ed aiul charg'ed to pay interest at the rate of seven per 
 centum upon the cai)ital by the said Act, and this Act authorized 
 to be raised for the completion of the said railway, whether it 
 shall consist of stock, bonds or debcTttures, an<l which capital is 
 hereinafter referi-ed to as the preferential capital, and to pay a 
 siun of two per centum as a sinkin*,' fund to pay off the said 
 preferential capital ; and subjoet thereto to apply the residue in 
 and towards the payment of such liens as are referred to in the 
 last mentioned Act, pari pdssa, or according to their legal pre- 
 ferences or priorities, with power to i)ay such surplus into the 
 Comt of Chancery, in the event of the claimants differing as to 
 the a])plication theieof. 
 
 10. Whenever the said preferential capital shall have been Bon.Uu.l.lers- 
 discharged, the bondholders at present holding valid claims on of Hiimiiton. 
 the Hamilton and Port Dover Kailway shall be entitled to ex- i'lUl-er 'k;.,!!- 
 ercise all the rights of shareholders in the said company and ^v.iv, their 
 shall have the same number of votes as would be conferred by '•-''*•'' /j" 
 
 oLduig stock or shares in the company of etpial nominal 
 amount, but if the amount of bonds held by any such bond- 
 holder be not devisible without a remainder by the amount of 
 a share in the company there shall be no vote in respect of such 
 remainder ; but the rights hereby conferred shall not arise until 
 the whole of the preferential capital shall have been paid and 
 discharged. 
 
 11. As soon as the further sum of one hundred thousand When tho px- 
 dollais has been subscribed, either in municipal debentures *«"**!"" "| the 
 granted by way of bonus or otherwise, or partly in such muni- „," a",'"-' ' 
 cipal aid and partly in subscriptions to the capital stock, upon 
 
 which ten per centum shall have been paid into a chartered 
 bank as hereinbefore provided, and so soon as such municipal 
 debentures shall have been deposited r.s aforesaid, it shall'bo 
 
 lawful 
 
 (:1' 
 
W i 
 
 1 
 
 11 
 
 16 
 
 1873. 
 
 HAMILTON AND LAKE KRIK RY. CO. 
 
 Cap. 85. 
 
 .! 
 
 lawful for the company to proceed witli the extension hereby 
 
 authorized from Caledonia or ('ayn«,'a to Port Dover, with the 
 
 ri<,d»t to extend tlie same to Port Rowan, on Lake Erie, within 
 
 rowortnin- the County of Norfolk ; and for the pur|)o.se of such extension 
 
 ^•rciise capital, the capital may be increased to four hundred thousand dollars. 
 
 sue bim.ir for •'^" "'•'"^ Company may in like manntfr, as is provided in the 
 tilt extension. ^•'^''^ recited Act, issue l)onds for the purpose (jf raisin-,' funds 
 for the construction of such extension, ,ot exceeding in the 
 whole ten tliousaiui dollars per mile of the said railwiTy actu- 
 ally imder construction at the time of such issue ; And provided 
 also, that the ainount of bonds issued at any one time shall not 
 be in excess of the amount actually ex[)endcd in works of con- 
 struction upon the line of the said railway, materials actually 
 delivered to the company being included iii the words " works 
 of construction." 
 
 UnAlrix ***■ '^^'^ ^'""'^"^ referred to in the last clause, to the extent 
 tension."' '"" aforesaid, shall take priojity over the deferred bonds mentioned 
 in the twenty-fifth section of the said recited Act, p. 11. 
 
 liiriktlof/"" *'•*■ '''^'^' ^''"^ ^^^' *''*^ co«»pltiti()n of the said railway to Cale- 
 couii.e ion. j^„j,^ yj. Cayuga shall be extend(.'d for a period of two years, 
 
 and f(jr the extension to Lake Erie, to the period of four "years 
 
 alter the passing of this Act. 
 
 i»5. The said railway company may, for advance of money 
 to be made thereon, mortgage aiid deposit, and transfer by way 
 of mortgage, or as security, and may ple.lge all or any'bonds 
 m?"tS"r"''^' ^^'^^ "''^^' ^"^ lawfully issued by the said conipany. 
 
 This section is mado api)lica1)le to the I'niteil CompaTiy farnuHl hy the 
 Ainiili.'iiiniiti(.n of the HatiiiUoii .-uxl Lake Erie Railway Company with tlie 
 Hamilton and No-.tli VNostem Railway Conipany, by sec. 8, subsec- /> b of 
 Agrounient, p. 227. 
 
 w 
 
 ANXO TllICESIMO SEXTO VICTORL'E REGLN.E. 
 
 (36 Vict.) 
 
 ji-i 
 
 CAP. LXXXV. 
 
 An Act further to amend the Act incorporating the 
 Hamilton and Lake Erie liailway Company, and to 
 confirm certain Agreements for granting running 
 powers to other Companies over their hue of KaiF- 
 way, and for other purposes. 
 
 [Assented 
 
Cap. 85. 
 
 HAMILTON AND LAKE ERIE RY. CO. 
 
 3G Vie. 
 
 17 
 
 [As.^ented to 2dth March, 1873.] 
 
 AT/'HEREAS by an Act of the Parliament of tliis Province rreambk. 
 \\ passed in the thirty-tliinl year of Her Majesty's rei;;n 
 intituled " An Act to authorize the construction of a railway 
 from some point in the Oity of Hamilton to Caledonia," certain 
 persons therein named were incorporated under the name of 
 '• 'Die Hamilton and Lake Erie Railway Con)pany," and therehy 
 authorized to construct a railway to Caledonia, and it was in 
 ami liy the said Act recitetl that a railway had several years 
 previously been connnenced between the same points by the 
 Hamilton and Port Dover Railway Company ; but by reason 
 of financial embarrassments, the com[)any, after ex|)endin^ a 
 laij^'e amount of money, were unable to complete tlie same, and 
 that the said company, in pursuance of its powers, had granted 
 a mortgage over the railway, to secure the bonds issued for its 
 construction, ]>ut that the ti-ustees named therein were both 
 dead, and the sai<l undertaking being then valueless, it was 
 expedient to provide some means of rendering the same avail- 
 able to the creditors having liens thereon, and useful to the 
 jnihlic; and it was therefore enacted that all and singular the 
 estate, right, title ami interest of the said company which had 
 been vested in the said trustees, and which they and a certain 
 juilgment creditor had therein, sliould thereafter become vested 
 in certain persons named therein, as trustees for sale, and they 
 were therehy empowered to sell the said undertaking, and all 
 nid singular the lands and premises so mortgaged, or any part 
 tin reof, by public auction, oi- private contract, as therein pro- 
 \ ided, and that the said Hamilton and Lake Erie Railway 
 < 'ompany should have power to purchase all and singular the 
 Slid railway, its lands or privileges* and appurtenances, upon 
 >ijch terms as Uiight he agreed on between them and the said 
 trustees, and cither for cash or in deferretl bonds of the com- 
 pany, or in shares of the capital stock of the comjtany, or jiartly 
 in one or other of such modes of payment ; and that the said 
 Hamilton rnd Lake Erie Railway Company should, upon the 
 tiansfer to them of the said railway and works, possess atul 
 enjoy the same, and the same should thereupon vest in and 
 absolutely belong to the company, freed and dischai-ged from 
 all claims under the said mortgage or the said judgment, and 
 from any claim by the shareholders of the said railway ; and 
 the company shoidd thereafter possess all the rights, powers, 
 claims, benefits, franchises, and privileges granted to, conferred 
 on, or held and possessed by the said Hamilton and Port Dover 
 Railway Company, or the said mortgagees, or any of them : 
 And whereas, in pursuance of the powers and authorities so 
 granted to the said company, and to the said trustees, by the 
 Act now in recital, the said Hamilton and Lake Erie Railway 
 Company did purchase from the said trustees certain of the lands 
 of the said railway, its privileges, and apjiurtenances, at or 
 for a certain sum, payable partly in deferred bonds, and partly 
 
 in 
 
 I 
 
i 
 
 •^1 
 
 18 
 
 1873. 
 
 HAMILTON AND LAKK ERIE RY. CO. 
 
 Cap. 85. 
 
 in .stock of the cninpanv; and tlioivupon tlio sai<l tvustoos did, 
 by iiidoiiturcs bfiirini,^ date tho fiftoentli day of May, 1872, con- 
 vey and assure tho same to the said Hamilton and Lalct^ Eric 
 llaihvay Company or tlieir appointees : And whereas, the iianul- 
 ton and Lake Erie Railway Company have presented their 
 petition, setting forth, in effect, the several statements herein- 
 Itefore set forth and recited, ancl that they liave, since ac(piiring 
 the said lands of the Hamilton and Port Dove'- Railway ('om- 
 pany, proceeded with, and completed the construction of the 
 line of their railway to Caledonia, and are c(mstructin_i,f tho 
 same to Jarvis, as authorized by an amenihnent to their said 
 charter, and have entered into agreements with the (heat 
 "Western, the (Jrand Trunk, and Canada Southern Railway 
 Companies, for ^jrantini;' to them, and such other companies as 
 may desire the same, runnin;,' |»osveis over their said railway, 
 and have prayed that the said agreements may be confirmed, 
 and the company nuiy be authorize<l to issue first mortn;atj;o 
 bonds ovei' their line, to tlu^ extent hereinafter mentioned, in 
 phve of the two classes of bonds authorized by the said Acts, 
 and it is expedient to grant the prayer of such petition : 
 
 Therefore Her Majesty, by and with the advice and consent 
 of the Legislative Assembly of the Province of (Ontario, enacts 
 as follows : — 
 
 Propevty and 
 rifjhts of 
 Hamilton nnil 
 
 1. The powers, lands, rights, privileges, franchises, and ap- 
 purtenances of and belonging to the Hamilton and P(jrt Dover 
 Port Dover Railway Company, so puichased and acquired, are here1>y 
 Kailwav confirmed to, ami absolutely vested in, tho Hamilton and Lake 
 
 vested m Lake n . -r, -i /-< 
 
 Erie llailway, Erie Radway Company. 
 
 Ce-tain aKiee- 9. The said agreements for granting rmming powers to tho 
 
 "^h'*"]-^'*'' said other comj^anies are hereby (;ontirmcd and extended for 
 
 confiniie.i and the term of nine hundred and niuety-nine years ; and it shall 
 
 authorized. ^ud may be lawful for the Hamilton and Lake Erie Railway 
 
 Company, her. inafter called "The Company," to grant similar 
 
 powers to an}' other railway companies that may from ',ime to 
 
 tinie apply therefor, or. such or similar conditions, as may then 
 
 exist with the said dreat Western, Grand Trunk, or Canada 
 
 Southern Railway Coinpanies, or either of them, as provided 
 
 for in clause eighteen of said agreement. 
 
 As appears by the recital of 37 Vict. cap. 4,'), p. 23, the agreement witli 
 tlie CJraiid Trunk and Great Western Railway Companies was never car- 
 ried out. 
 
 Authority to 
 issue deben- 
 tures. 
 
 3. In lieu of the borrowing powers in the sai<l recited Act-; 
 contained, it shall be lawful for the directors to issue terminable 
 bonds or perpetual debenture stock, bearing seven per cent, in- 
 terest, which bonds or debenture stock shall pari passu be a 
 first charge, lien or security, in and upon the line of railway 
 
 ancl 
 
 Cap. 8o 
 
 and its 
 
 in the s 
 
 and mt 
 
 and sue 
 
 place th 
 
 ed and 
 
 way, an 
 
 railway 
 
 structed 
 
 debentu 
 
 be issuoi 
 
 exceed t 
 
 way con 
 
 ton and 
 
 and doll 
 
 tioned p 
 
 the Hau 
 
 first moi 
 
 deferred 
 
 Ijonds in 
 
 in terms 
 
 approval 
 
 Ry 37 Vi 
 
 may be istju 
 
 4. Th( 
 
 regulatio 
 have full 
 office or 
 agency ii 
 ing on th 
 benture .« 
 and thim 
 transferri 
 the comp 
 sidered p 
 conjpany 
 
 S. Eac 
 
 to the sai 
 over the t 
 ege of apr 
 of The Hi 
 lur power 
 that such 
 vice-presii 
 at present 
 
 The agrei 
 Grand Trur 
 section had 
 
""ffl p 
 
 Cap. 85. 
 
 HAMILTON AND LAKE EHIK HY. CO. 
 
 3G Vic. 
 
 10 
 
 and its lands and promises, (save and except those nicntionod 
 in the schedule to this Act) aiul upon its rollinj,' stock, plant 
 and machinery, witliout ivj^ristiation or formal C(»nvevance' 
 and such honds or dehenture stock shall be applied Hrst to re- 
 place the said deferred honds ;,'ranted for payment of the l)ond- 
 ed an<l jud,<,'ment delit of The Hamilton and Port Dover liiiil- 
 
 way, and then to the construction and ecpiipment of the said 
 railwaj' by the said Act and this Act authorized to be con- 
 structed : rrovided always, that the amount of such bonds or 
 debenture stock together with the deferred bonds (if any shall 
 be issued as hereinafter provided), shall not in the a.r.rie<rate 
 exceed twenty thousand dollars per mile for each mile" of rail- 
 way constructed between the waters of Lake Ontario at Hamil- 
 ton and the waters of Lake Erie at Port Dover, nor ten thous- 
 and dollars per mile for the extension beyond such last men- 
 tioned point: And provided also, that if any bondholders of 
 the Hamilton and Port Dover Railway shall decline to accept 
 hrst mortgage bonds in payment of their claims in lieu of such 
 deferred bonds, the directors shall have power to issue deferred 
 bonds in payment thereof, as in the said recited Act is provided 
 ill terms of the agreement made with the said trustees with the 
 approval and consent of the majority of the bondholders. 
 
 4 The directors of the company sliall, under such rules and p,^., r , . 
 regulations as they may from time to time deem expedien^^ tSr" ' 
 have tuU power and authority to establish and maintain an fe^^'^^i? T' 
 othoe or agency in London, England, and a similar office or """'• 
 agency in Nevv York, for the purpose of regulating and carry- 
 ing on the business of issuing and transferring slmres and de- 
 benture stock of the company, and generally to do all matters 
 and things that may be necessary or desirable in regard to the 
 transferring of. or arrangements connected with, the capital of 
 the company, and all .uch acts and proceedings shall be con- 
 sidered precisely the same as if carried on in the office of the 
 company in this Province. 
 
 S Each of the companies whic;h have or shall become parties r . - 
 to the said a<>Teemonf,s nr whinl. c.l,„il i 4. • . "^ r'" ''^^'^ Compames 
 
 nvpr th« ca; ° ] • ? ■ '^"^'^ oU^m ninmng powers maki„-.agree- 
 
 ovei the saiu road, as is herein provided, shall have the privil- 'n*^"*^ '"^^7 
 
 ot Ihe Hamilton and Lake Erie Railway Company, with simi- 
 kr powers, nghts and privileges as the other directors, except 
 that such grantees directors shall not be eligible as president Sr 
 
 It pSnf ' ' '^'' '^""""" '^ ^"^'^ ^'^''^ ^^^^>» '^^^ 
 Orind STan.! rl^^\%" "^'^''^^Z^, ""^ ^^^vin. been carried out, by the 
 
 .\-"! 
 
i 
 
 "ym 
 
 i I 
 
 20 
 
 1873. 
 
 HAMILTON AND LAKK KIUK UV. CO. 
 
 Cap. 85. 
 
 ('i>iii|innu>H 
 havjiiu' run- 
 ning iMiwcru 
 over the lino 
 Ddt to liiihl 
 Mtock. 
 
 lint'tinL'H. 
 
 6. Neither of the companies which have or shall obt.iin run- 
 ning powers over the said lino sliall directly or indirectly ac- 
 (luire, hold or possess any shares in tho capital stock of The 
 Hanulton and Lake p:rie Railway, hut any sucli transfer shall 
 be null and void to all intents and p\u-poses \>hatsoever, and 
 with a view to prevent any sueh dealing; with the said shares, 
 no transfer shall he valid until approved of by the directors, 
 and if the directors sliall have any reason to suspect that such 
 transfer is being made in violation of this enactment they may 
 in tlieir discretion re<piire the transfer to be made to them at 
 the then market price of the shares, and may re-issue the same 
 on such te:'ms and to such person or pei-aons as they may fr' 'ii 
 time to time decide on. 
 
 See n.)te to previous section. 
 
 7. Hereafter the general annual meeting of shareholders ol" 
 the company shall be held at the othces of the company in the 
 City of Hamilton, on the third Wednesday of May in each year, 
 at the hour of twelve o'clock, noon, or at su(;h other time or 
 place as shall be fixed by the by-laws of the company, and 
 
 Notiie. public notice thereof shall be given at least foiu'teen days pre- 
 
 viously in the Ontario Gazette, and in one or moie newspapers 
 published in the City of Hamilton, instead of in the pai)ers 
 referred to in the said recited Act. 
 
 SiKci.'tl i:m- ^- ^'^pccial general meetings of the shareholders may be held 
 iiiil lutetiiii,"'. at such places and at sueh times as the directors may decide 
 on, on giving similar notice to that provided in the last pre- 
 ceding section. 
 
 9. Clause sixteen of the said Act passed in the thirty-third 
 year of Her Majesty's reign is hereby amended, and it is hereby 
 declared and enacted that it shall not be necessary for the 
 secretary and treasurer to countersign such })romissory notes 
 or bills of exchange as therein provided, but the signature of 
 either shall be sufficient. 
 
 s. l(J,i.. S, 
 
 ilUU'Iull'll. 
 
 ",)\ver toac- 
 
 1©. \Vher3 stone, gravel, or any other material is or are 
 •i">i'\ia'."^**^"'' renuired for the construction or maintenance of said rai'wav 
 or any part the'-eoi, tl)e company may, m case they cannoi 
 agree with the owner of the lands on which the same art- 
 situate for tlie purchase thereof, cause a ])rovincial surveyor to 
 make a map and description of the property so re({uircd, and 
 they shall serve a eojiy thereof with their notice of arbitration 
 as in case of acquiring the roadway, and the notice of arbitra- 
 tion, the award, and the tender of the compensation shall have 
 the same effect as in the case of arbitration for the roadway ; 
 and all the pi'ovisions of the Railway Act, as varied and modi- 
 fied by the special Acts relating to the said company, as to the 
 service of the said notice, arbitration, comi)ensation, deeds. 
 
 Kiiilvvay Act 
 to apply. 
 
 payment of money into court, the right to sell, 
 
 the right to 
 convey, 
 
'ym 
 
 Cap. «.">. 
 
 HAMILTON AND LAKK KRIK HY. CO. 
 
 no Vic. 
 
 21 
 
 convoy, and tlu; partios from whom lands may l»o taken, or 
 who may sell, shiill apply o the .siil.joct matter of this .section, 
 and to tli<! olitainin<r materials as aforesaid ; ami such proceed- 
 ing,s may he had by the said company, either for the ri-ht to 
 the fee simple in the lend from which said material .shall be 
 taken, or for the ii«,dit to take miit rial for any time th(!y shall 
 think necessary ; the notice of arbitration, in case arbitration 
 is resorted to, to .state tne interest re<inired. 
 
 II. When ,sai(Urrav<.|, stono.or other material shall be taken Con.panvmay 
 under the precedui;,' section of this Act at a <listance from the I'^ylown ' 
 hue of the railway, the company may lay down the necessary \^^f,!^\}Z!'l 
 sidui.^ and tracks over any lands which mav intervene l-.etween l'''^ &'-■•" 
 the radway and the lands on which said materi.il shall bo 
 foun.l, whatever the(listance may be, and all the provisions of 
 the Kadway Act ami of the special Acts relating' to said com- lt."Iway Act 
 pany's Act, except such as relate to tilino- plans and publica- ^""''''^^■' 
 tion of notice, shall apply and may bo used and exercised to 
 obtani the ri^rht of way from the railway to the land on wliicli 
 such materials are situated, and such right may be r;G ac(iuired 
 for a term of year.s, or permanently, as the company nuiy think 
 pi-oper, and the powers in this and the preceding section may 
 at all tnnes be exerci.sed and used in all respects after the sai'd 
 railway is constructed, for the purpose of repairing and main- 
 taming the said railway. 
 
 12. The company .shall have full power to purchase or Power to eroct 
 lea.se any wharves, piers or harbours, at the lake termini of the ^^l"»ves, &.. 
 railway, and also to purchase or lease any land for the purpose 
 
 ot erecting and to erect thereon warehouses, elevators docks 
 stations, workshops and offices, and to seU, dispo.se of, and con- 
 vey all such lands as they may now or hereafter deem sui)er- 
 tluous, and convey such lands by deed nnder their common 
 si'al, and a deed so executed shall be effectual to vest the lands 
 comprised therein in the grantee, or purchaser of the .said 
 aiids treed and di.scharged of the .said charge or lien, a.s thoii<di 
 he had acquired the same from the party or parties from wlKmi 
 fie same had by the said railway company been obtained. 
 
 13. The company may also make use of, for the purpo.se of Power to use 
 tlie said railwa}', the water of any stream or watercourse over ^^''^am., &c. 
 or near which the railway passes, doing, however, no unneces- 
 (laiuage thereto, and not impairing the usefulness of such 
 
 .stream or water cour.sc. but being liable to make compensation 
 to {.ny person who may be damnified by such user. 
 
 14. The company shall have power and authority by the Power to .un- 
 vote of a majority of the shareholders at a meetino- duly con- 'lu^e vS.il"! 
 vened for that purpose, to hold, purchase, and acquire or charter 
 
 «s many stoam or other vessels as the directors of the company 
 
 may 
 
 I 
 
00 
 
 1873. 
 
 HAMILTON AND LAKK KIIIK UV. CO. 
 
 Cap. 85. 
 
 Mdllt! (if Hllll 
 
 iiiittiiiK ''.v- 
 InwH to nitt'- 
 
 ' i 
 
 may deem reqiuHite from t^nc to time, to facilitate tlie caniaj,'e 
 of passengers, freij,'ht, or other tratHc on tlie said railway. 
 
 1.1 It shall 1m- lawful for any municipality to siihmit such 
 bv-laWM as are mentioned and referred to in tho sixth section 
 of the Act niissod in the thirty-fourth year of Her Majesty s 
 reign, \,. \'i, and the same shall he submitted, if petitioned tor, 
 in the followin-,' manner, that is to say : 
 
 1. In the case of a county municipality by the county 
 council, on a petition of the majority of the reeves and deputy 
 reeves, or of two hundred ivsident freeholders who may be duly 
 qualified voters under the Municipal Act ; 
 
 2. In the case of other municipalities, and of sections of such 
 * municipalities, bv the councils of such municipalities on the 
 
 petition of the majority, or of fifty resident freeholders being 
 duly qualified voters as aforesaid ; ami 
 
 3. In the case of municipalities or portions of municipalities 
 which form part of a county municipality, by the council of such 
 county municipality, on the petition of the majority of the 
 reeves a.-d deputy-reeves as therein is provided, or of fifty resi- 
 dent freeholders who are duly quc»,nfied voters as aforesaid. 
 
 M v., c. 41, 8 4. And the said sixth clause shall be read as varied and 
 
 6, how .o be amended by this Act. 
 read, p. 13, •' 
 
 SCHEDULE. 
 
 (Section^.) 
 
 That portion of lot 12 in the first and broken front con- 
 ces.vIon of the Township of Barton, generally known and re- 
 ferred to as the Land Farm, comprised in the mortgages to the 
 Hon. J. Hilly, rd Cameron, except that portion which shall 
 be actually used and occupied as part of the tract or station 
 grounds. 
 
 Lots 149 to 1.58 inclusive, on East Avenue. 
 
 Lots 12.5, 12G, 127, 128 and 130, on the cast side of Victoria 
 Avenue. 
 
 Lot 1.58 on Emerald Street, in Russell Prentiss' survey. 
 
 The south-easterly end of lot number 2, in the fourth con- 
 cession of Barton, more particularly described in the convey- 
 ance from Adam Hope and other trustees named in the Act, 
 recited in the foregoing Act, to Alexander Harvey and others. 
 
 Part 
 
■I 
 
 Cap. 4"). 
 
 HAMILTON AND LAKE KRIK IIY. CO. 
 
 37 Vic. 
 
 Part of lot 0, in the tljird concession of linrton, fonncrly 
 owned liy Nflit'iiiiiih Morritt, and tik- property at Caledonia uc- 
 (jiiircd from Win. H. Mattice, .save and except .so nuieh tiiereof 
 a.s may be taken for the tra(;k. 
 
 ANNO TRICESIMO SEPTIMO VICTORLE RECIN.-E. 
 
 (37 Vict.) 
 
 23 
 
 CAP. XLV. 
 
 An Act to rcarranoo th(3 debt of the Hamilton and 
 Lake Erie Kail ray Company, more clearly to define 
 its leasing powers, and for cither purposes. 
 
 [Assented to ^Uh March, 1874.] 
 
 WHEREAS by an Act passed in the thirt> -sixth year of Prer»mble. 
 Her Majesty's reijrn, intituled "An Act further to 
 amend the Act incorporating the Hamilton and Lake Erie 
 Railway Company, and to confirm certain a«,'reeinents for 
 granting running powers to other companies over their 'ine of 
 railway, and for other i)urp()ses," it is amongst other thn.gs pro- 
 vided that it shall he lawful for the direetoi.s to issue terininable 
 bonds, or perpetual debenture stock, bearijig seven per cent, in- 
 tcre.st to be applied ;— first to replace certain deferred bonds 
 granted in payment of the bonded debt and judgment debt of 
 the Hamilton and Port Do\'er Kailway ; and then to the con- 
 struction and ecjuipment of tlie said Hamilton and Lake Erie 
 Railway : And whereas the Great Western and Grand Trunk 
 Had way Companies have omitted to procure the confirmation 
 of the agreement in the .said in part recited Act referre<l to, 
 within the time provided for therein, and the .said agreement 
 so far sus these companies are concerned is no longe °in force, 
 and it has become necessary in consequence to raise further 
 moneys for the equipment and completion of the .said railway, 
 and the necessary elevatois and other mattei-s required for the 
 proper working thereof, and it has been deemed exp.ilient to 
 have the power to issue bends bearing a lower rate of interest, 
 and the shareholders of the company have by resolution afhrmed 
 the necessity for such increase, and prayed for an Act authoriz- 
 ing the same, either by bonds or debenture stock bearing a rate 
 of interest not greater than seven per centum, and it is expedi- 
 ent to grant such prayer : 
 
 Therefore 
 
 I 
 
24 
 
 1874. 
 
 HAMILTON AND LAKE ERIE RY. CO. 
 
 Cap. 45. 
 
 !i ! 
 
 Therefore Her Majesty, by and with the advice and consent 
 of the Legislative Assembly of the Province of Ontario, enacts, 
 as follows : 
 
 Power to iHsue 1. The directors may, and they are hereby authorized, and 
 bonds to the empowered to issue such terminable bonds or perpetual deben- 
 £l7o"ow'stK. ture stock bearing interest at a rate not exceeding seven per 
 centum per annum, to an amount not exceeding, in the whole, the 
 sum of one hundred and seventy thousand pounds sterling- 
 such bonds to be issued either in sterling or currency, and pay- 
 able to bearer or order as the directors may decide. 
 
 Completion of 3. The Company shall not be bound to continue their road 
 the line to jp^.^j^-j j^g present terminus at Jarvis, to the waters of Lake Erie, 
 Lake Erie. ^. , ^^.^ ^^^^ ^.^^^^ ^^ ^^^^ ^^j^ ^^^ limited, but may on a vote of 
 
 the majority of the shareholders at a meeting specially convened 
 for the purpose of considering such extension, at any time within 
 three years from the passing of this Act, extend the same to Port 
 Dover with the right to extend the same to any point or points 
 on that Lake, not further west than Port Burwell ; but the ad- 
 ditional bonds to be issued for such extension shall not exceed 
 the sum of twelve thousand fivo hundred dollars per mile. 
 
 Leasing the 3. And whercas doubts have arisen whether under the 
 railway. twenty sixth clause of the Act incorporating the company, they 
 
 arc not confined to making a lease, or running arrangement 
 with one company only, and it is desirable to remove such 
 34 Vict, c. 41, doubts : It is hereby enacted and declared that it was, and is 
 explSJd ^^' the intention of the said Act, that the directors may enter into 
 any such arrangement as is therein referred to for working the 
 said railway, or granting running powers thereon, or forlciising 
 the same, or some portion thereof to more than one railway 
 company ; and that it shall be lawful for the said company to 
 enter into any agreement with any otlier railway company or 
 companies to lease or hire from such company or companies 
 any portion of their railway, or generally to make any agree- 
 ment with any other such company touching the use by one 
 or the other, or more of such companies, of the railway, of eithei- 
 or any part thereof, or touching any service to be rendered 
 bv one company to the other, and the corr^pensation therefor, 
 and that when, and so often as any such agreements may be 
 made with any such other companies, the directors of the several 
 companies which may from time to time enter into the same, 
 may fix and determine the rents and other terms and condi- 
 tions on which the lease or other privileges shall be granted 
 and accepted : Provided that such agreement .shall be submitted 
 to, and approved of by the shareholders of the Hamilton and 
 Lake Erie Railway Company, at their annual general meeting, 
 or at a meeting to be specially called for that purpose ; 
 And provided further, that nothing in this section or in this 
 Act contained, shall affect the agreement between the said 
 
 rail\\ay 
 
Cap. 45. 
 
 HAMILTON AND LAKE ERIE RY. CO. 
 
 37 Vic. 
 
 25 
 
 railway company and the corporation of the County of Hakli- 
 niand, or relieve the said railway company from complying 
 with the conditions of a by-law passed by the Council of the 
 County of Haldimand, granting aid by way of bonus to said 
 Railway Company. 
 
 4. The company shall have full power to accept in payment Sale <>f landu 
 of lands which they may sell or dispose of, to any company pL*y tcrotlKT 
 established or to be established for the purpose of erecting companies, 
 warehouses or elevators thereon, paid up stock in such company, 
 and may subscril)e for shares in any such company, or in any 
 company which may be established for building, purchasing, 
 chartering, or owning steam or other vessels to ply in connection 
 with the said railway ; Provided that any such arrangement 
 shall be submitted to and approved of by the shareholders of 
 the Hamilton and Lake Erie Railway Company in manner 
 aforesaid. 
 
 
n ,^. 
 
 SI 
 IIA^ 
 
PART TI. 
 
 STATUTES OF THE PROVINCE OF ONTxVRIO 
 
 RELATING TO THE 
 
 HAMILTON AND NORTH-WESTERN RAILWAY 
 
 COMPANY. . 
 
 
 
 'i 
 
 
 mi 1 
 
 
 
 • m. . 
 
"^m 
 
 X '■! 
 
 STATUTES 
 
 OF THB 
 
 PROVINCE OF ONTARIO 
 
 RELATING TO THR 
 
 HAMILTON AND NORTH-WESTERN RAILWAY COMPANY. 
 
 ANNO 7 aCF'^ .MO QUINTO VICTORTiE REGIN.E. 
 
 (35 Viot.) 
 
 CAP. LV. 
 
 An Act to incorporate the Hamilton and North-West- 
 ern Railway Company.* 
 
 [Assented to 2nd March, 1872.] 
 
 V 7" HERE AS Anthony Copp, James Turner, William E. I'leamble. 
 , Sanford, P. W. Dayfoot, Thomas Saunders, Dennis 
 Moore, Adam Hope, A. F. Skinner, George H. Gillespie, Alex- 
 ander Harvey, William McGiverin, C. Gurney, Jacob Hespeler, 
 A. T. Wood, D. B. Chisholm, J). Mclnnes, Edward Jackson, 
 Tristram Bickle, K. Fitzpatrick, Adam Brown, Thomas Fergu- 
 son, M.P.P., and others have petitioned the Legislature of this 
 Province for an Act of Incorporation to construct a railway 
 from some point in or near the City of Hamilton through the 
 Counties of Wentworth, Halton, Peel and Simcoe, or some of 
 them to a point in or near to Barrie, and thence to a point on 
 Hogg's, Sturgeon or Matchedash Bay, with power to extend the 
 same so as to form a junction with the proposed Canada Cen- 
 tral Railway or the Canada Pacific Railway or one or both of 
 them, which would develop the resources of that part of the 
 country and open up for settlement a large tract of (!ountry at 
 l)resent unimproved and lying waste, and it is expedient to 
 grant the prayer of such petition : 
 
 Therefore Her Majesty, by and with the advice and consent 
 of the Legislative Assembly of the Province of Ontario, enacts 
 as follows : 
 
 Under the provisions of 38 Vict., cap. 48, p. 47, this line was given power to 
 amalgamate with the Hamilton and Lake Erie Railway Company, and such amal- 
 fc'amatiou was carried out and confirmed by 39 Vicl., cap. 72, p. 53. 
 
 I 
 
30 
 
 Cap. .55. Hamilton and nouth-wkstkrn uy. co. 35 Vie. 
 
 Incoriwration. 1. Till! said parties aliove named together with such persons 
 and coiporations as shall in pui'suance of this Ac;t become share- 
 holders in the said company herfhy incorporated shall hecomo 
 and are herehv declared to be a body corporate and politic }>y 
 
 Name the name of "The Hamilton and North-Western Railway Coni- 
 
 mv. 
 
 Certainclauses jj. The several clauses of the Railway Act of the Consoli- 
 AcUo^^ailpl'7 <^''^<^i^'<l Statutes of (Canada and amendments with respect to the 
 ■ ■ iirst (('). second (/>), third (r), fourth ((/), fifth (^0 and_ sixth (/) 
 clauses thereof, and also the .several clauses thereof with respect 
 to " interpretation " (g), " incoi-jwration " (A), " powers " (i), 
 "plans and surveys" (j), "lands and their valuation" (k), 
 " highways and bridges " (/,), " fences " (m), " tolls " (n), " gene- 
 ral meetings " (o), " president and directors, their election and 
 duties" (p), "calls" (([), "shares and their transfer" (r), "mu- 
 nicipalities " («), " shareholders " (t), " actions for indemnity, 
 and fines and penalties and their prosecution " (u), " by-laws, 
 — notices, &c." (y), " working of the railway " (;iv), and " general 
 provisions " (.<;), shall be incorporated with and be deemed to 
 be part of this Act, and shall apj)ly to the said company and 
 to the railway to be constructed by them except so far as they 
 may be inconsistent with the enactments hereof; and the ex- 
 pression " this Act," when used herein shall be understood to 
 include the clauses of the said Railway Act so incorporated 
 with this Act as aforesaid. 
 
 Location of 
 railway. 
 
 3. The company hereby incorporated and their agents or 
 servants shall have full power and authority under this Act to 
 lay out, construct and finish an iron i-ailway from such point 
 near or within the limits of the City of Hamilton on the shore 
 of Burlington Bay or as near thereto as may be deemed desir- 
 able and continuing the same through the Counties of Went- 
 
 worth. 
 
 la) See R. S. 0. 
 
 , c. 165 
 
 , p. 83. 
 
 (9) 
 
 Sec. 27, p. 
 
 109, 
 
 528, p. 112, 8. 20, 
 
 e-) 
 
 do 
 
 do 
 
 p. 84. 
 
 
 
 
 88. 17, 18, 19, 
 
 (f) 
 
 do 
 
 do 
 
 p. 84. 
 
 
 
 
 p. 100. 
 
 U 
 
 do 
 
 do 
 
 p. 85. 
 
 (»■) 
 
 do 
 
 do 
 
 s. 29, p. 112. 
 
 (c) 
 
 do 
 
 do 
 
 p. 86. 
 
 {«) 
 
 do 
 
 do 
 
 H. 31, p. 114. 
 
 (/) 
 
 do 
 
 do 
 
 p. 86. 
 
 t) 
 
 do 
 
 do 
 
 8. 30, p. 114, s. 
 
 {[>) 
 
 do 
 
 do 
 
 88 2, 3, p. 84. 
 
 
 
 
 29, subsecs. 6, 
 
 CO 
 
 do 
 
 do 
 
 8. 8, p. 87. 
 
 
 
 
 7, p. 113. 
 
 (0 
 
 do 
 
 do 
 
 8. 9, p. 87. 
 
 (u) 
 
 do 
 
 do 
 
 s. 34, p. 118, 8.3"), 
 
 /) 
 
 do 
 
 do 
 
 8. 10, p. 90, 88. 
 11, 12, p. 93. 
 
 
 
 
 p. 119, 88. 84, 
 
 85, c. s. <;. 
 
 (i) 
 
 do 
 
 do 
 
 88. 11-20, pp. 93- 
 
 
 
 
 p. 137. 
 
 
 
 
 101,8. 9, 8uba. 
 
 {v) 
 
 do 
 
 do 
 
 s. 32, p. 110. 
 
 
 
 
 3, p. 87. 
 
 M 
 
 do 
 
 do 
 
 8. 33, p. 116. 
 
 )l) 
 
 do 
 
 do 
 
 B. 21, p. 101. 
 
 (X) 
 
 do 
 
 do 
 
 8. 36, p. 120, 8. 2:t, 
 
 (m 
 
 do 
 
 do 
 
 8. 22, p. 102. 
 
 
 
 
 subsec. 5, i>. 
 
 (n) 
 
 (o) 
 
 do 
 
 do 
 
 H. 23, p. 104. 
 
 
 
 
 113, sec. .30, 
 
 do 
 
 do 
 
 s. 24, 25, p. 106. 
 
 
 
 
 8ubHec.2, p. 114 
 
 (P) 
 
 do 
 
 do 
 
 8. 26, p. 106 ; 8. 
 25, p. 106, 8. 
 36, subsec. 4, 
 p. 120; 8.27, 
 p. 109, 8. 28, 
 
 p. 112. 8. 
 
 
 
 
 8. 10, subsecs. 
 13, 14, pp. 92, 
 93, 8. 23, Bub. 
 sec. 11, p. 105, 
 8. 33, subsecs - 
 12, 13, p. lis. 
 
J s72. 
 
 HAMILTOV AND NORTH-WESTKllN IIY. CO. CaP. 55 
 
 31 
 
 worth, Halton, Peel and Siincoe to a })oint on one of the hay-s 
 liorderin}]; on the Township of Tay, and with power to continue 
 the same to Lake Nipis.siny, or to form a junction with the 
 piop(jsed Canada (Jentral or the Canada Pacific Railway, or 
 lioth of them, and Avitli power to construct the same in sec- 
 tions and wit', prnver to extend tlie same to tlie waters of Lake 
 Simcoe at or near to Barrie ; and it sliall and may be hiwful 
 for the saifl Company to take and appropriate for the use of 
 said railway and the works coiuiccted therewitli so nnicli of 
 tlie land as may be necessary for the works of the said rail- 
 way, but not to alienate the same. 
 
 By 30 Vict. , cap.|84, p. 42, power is given to tlie H. and N. W. Railway 
 to extend its line of railway to CoUingwood. 
 
 4. The capital of the company hereby incorporated shall be t apital stock, 
 .six hundred thousand dollars with power to increase the same 
 
 in the manner provided by the Railway Act, to be divided into 
 six thousand shares of one hundred dollars each ; and shall be 
 laised by the persons and corporations who may become share- 
 holders in such company; and the money so raised shall be ap- 
 plied in the first place to the payment of all expenses for pro- 
 curing the passing of this Act and for making the surveys, 
 plans and estimates connected with the works hereby autho- 
 lized ; and the remainder of such money shall be applied to the 
 making, equipment, completion and working of the said rail- 
 Avay and the purposes of this Act. 
 
 See the provisions for the increase of the capital stock upon the amal- 
 Ijaniation of the Company v/ith the Hamilton and Lake Erie Railway 
 Company, 38 Vict., cap. 48, sec. 11, p. 51. 
 
 5. The said Anthony Copp, Thonnis Saunders, P. W. Day- rrovisional 
 foot, John Young, W. E. Sanford, James Turner, William Mc- '^'r^ctow. 
 (Uverin, lidward Gurney, D. B. Chishol;<-., James M. Williams, 
 
 Jacob Hespeler, Simon Plewis, Frederick Haines, Thomas 
 Bowles, John White, James Barber, John Buck, T. D. McCon- 
 key, George Davis, John Kidd and Alfred A. Thomson shall 
 be and are hereb- constituted a board of provisional directors 
 of the said couipany, and shall hold office as such until other 
 directors shall be appointed under the provisions of this Act by 
 the sliareholders ; and it shall be lawful for the provisional di- 
 rectors for the time being of the said compan}^ or a majority of 
 the directors present at a meeting called for the purpose to 
 supply the [)lace or places of any of their number from time to 
 time (lying or eclining or becoming incai)able to act as such 
 provisional directors, and to associate with themselves at a 
 meeting of directors called for the purpose of deciding thereon 
 not more than five other directors, who .shall thereupon become 
 and be directors of the company equally with themselves ; 
 which appointments whether by reason of death or resignation 
 or the association of not more than five other directors shall 
 be made from the several subscribers for stock in the said 
 
 railway 
 
32 
 
 Cap. 
 
 o.y. 
 
 HAMILTON AND NOUTH-WESTERN RY. CO, W) ViC. 
 
 railway company to the amount of five hundred dollars each 
 during the period of tlicMr continuance in office, and on which 
 ten per centum shall have been paid. 
 
 I'liwt'i's I if pr 
 vini<iii!il ilii' 
 
 4\. The said board of provisional directors shall have full 
 " power to open up stock hooks and procure subscriptions for the 
 undertakin«f, to make calls upon the subscrilters, to cause sur- 
 veys and plans to be executed, and to call a general meeting of 
 the shareholders for tin' election of directois as hereinafter pro- 
 vided ; and such pi'ovisional directors may ap[)oint a conniiittee 
 from their number to o|)en such stock books giving at least 
 three weeks' notice in the OnfdvU) Guzette, in one paper pub- 
 lished in the (.ity of Hamilton, ami some one paper published 
 in each county througli whicli the road is pi'oposed to pass, of 
 the time and place of meeting to open such books and receive 
 such subscriptions, and the said conniiittee or a majority of 
 them may in their discretion exclude any pei'son from sub- 
 scribing who m their judgment w<Mild hinder or delay the 
 company in proceeding with their r-\ilway. 
 
 When ineetinff 7 . When and SO soon as shaies to the amount of two hun- 
 fuLSmav^ dred thousand <lollars in the capital stock of the company shall 
 be calli'd. ' have been subscribed and ten per centum shall have been j)aid 
 into one of the chartered banks of the Pi'ovince or of th" Do- 
 minion, or when ami so soon as such subscriptions together with 
 sums granted by municipalities either by way of bonus or in 
 the subscription to the capital stock shall amount to such sum 
 of two hundred thousand dollars, and the debentures granted 
 in payment of such bonus or subscription shall have been de- 
 posited in one of the chartered banks of the Province, or with 
 the Provincial Treasurer in the names of trustees as herein- 
 after provided, the provisional directors or a majority of them 
 present at a meeting duly called for the purpose shall call a 
 meeting of the subscribers for the purpose of electing directors 
 giving at least three weeks' notice in a pajjer published in the 
 City of Hamilton and in each of the counties affected and in 
 the Oiitai'io Gazette of the time, place and object of such meet- 
 ing ; and at such general meeting the shareholders present 
 either in |)erson or by proxy, and who shall at the opening of 
 such meeting nave paid ten per cent, on the stock subscribed 
 by them, shall elect nine persons to be directors of the said 
 company in manner and qualified as hereinafter directed ; which 
 said directors together with e:c-offi.cio directors under the Rail- 
 way Act or this Act shall ccmstitute a board of directors, and 
 shall hold office until the first Monday of May in the year fol- 
 lowing their election. 
 
 Who may vnti 
 at such lut'i't- 
 ilig« 
 
 Sums and *• The sums so paid shall not be withdrawn from the bank 
 
 debentures ^ except for the purposes of this Act nor shall the debentures so 
 plication 'of!' deposited be otherwise applied than to the purposes of the rail- 
 way as defined in the by-law or agreement between the muni- 
 cipality 
 
1872. 
 
 HAMILTON AND NORTH-WESTERN RY. CO. CAP. 55. 
 
 33 
 
 cipality ov iinniicijmHtios ^'ranting the saiiic and the railway 
 cuinpjiny in relation thereto. 
 
 » The directors for the time being may from time to time r..w..r of 
 ma., calls as they shall think ♦it, provided that no calls shall ^''^ectors to 
 be made at any one time of more than ten per centum of the J */ f „ 
 amount subscribed by each shareholder, and thirty day.s' notice 
 shall be given of each call [as provided in section seven]. 
 
 By 37 Vict. cap. 44, sec. 7, p. 45, those words in brackets are struck out 
 and tlio following substitute.! " in tlio Official GiadU of Ontario," This 
 section is expressly applicable to united company by sec. 8, subsection 
 
 a of agreoinent, page 227. 
 
 10. 
 
 Thereai'ter the general annual meeting of the sharehold- <^t'iieral an 
 
 imivl iiiet'tinus. 
 
 ers of tlie said company shall be held in .such place in the City 
 of Hamilton, and on such days and at such hours as may be 
 directed by the by-laws of the said company; and public no- 
 tice thereof shall be given at least four weeks previously in the 
 Ontario Gazette, and once a week in one daily newspaper pub- 
 lished in the City of Hamilton, and in some one newspaper in 
 each of the counties which have granted bonuses or subscribed 
 for stock. 
 
 ((() This section is amended by 3G Vict . cap. 48 sec. 9, p. 43, so far as ren- 
 ders it necessary to publish a notice of the meeting in some one newspaper 
 in each of the counties which have granted bonuses to the Railway. 
 I5y 38 Vict. cap. 48, sec 5, the other provisions of the section are f - aaled 
 and one advertisement in the Ontario Gazette, two weeks befoi neet- 
 ing, and one in a Hamilton, and County of Simcoe paper, for two weeks 
 before meeting made sufficient notice. See p. 49. 
 
 (h) This section and the 11th are expressly 'made applicable to the 
 United company, by sec. 8, subsections {h) (c) of Agreement, p. 227. 
 
 (c) Right of bondholders to vote when interest in arrear, see 4o'v"ut 
 caj). 48, sec 1, page 07. Right of preference stockholders, 42 Vict, cap' 
 0(», sec. 2, page 74, to vote when interest in arrear. Right of holders of 
 
 L.''"^."^^^?'"^"^"*"'^ Equipment bonds to vote, when interest in arrear 
 hee 44 Vict. cap. 30, sec 1, p. 76. 
 
 II. Special general meetings of the shareholders of the said Special -en- 
 company may be held at such places in the City of Hamilton, "'''' "'«'^*'"-'' 
 and at such times and in such manner and for such purposes as 
 may be provided by the by-laws of the said company, upon 
 such notice as is provided in the last preceding section. 
 
 See note to previous section. 
 
 13 In the election of directoi-s under this Act no person Qualificatiou 
 .-iiall be elected a director unless he shall be the holder n^nd °^ directors, 
 owner of at least ten shares of the stock of the said company 
 upon which all calls have been paid up. 
 
 By section 8 (/) in Agreement, page 227, it is provided that the qualifi- 
 cation of a Director shall be the holding and owning of shares in the 
 United company, formed by amalgamation with the Hamilton and Lake 
 hue Railway Company, to the amount of one thousand dollars on which 
 all calls have been paid. 
 
 Right of bondholders, preference stofttTioldfra and ho'd^rs of ioint 
 equipment bonds, to be directors. See Statutes in note to sec. 10, Supra, 
 
 13. 
 
 I 
 
 i r- 
 
84 
 
 Cap. 55. Hamilton and nohtii-westkun uy. co. 
 
 :}5 Vic. 
 
 SharehoidiTH, III. Aliens a.s well an HritLsh siibjects, and whetlier resident 
 
 riKht to vute, if, tijjj^ piovince or elHowliorc, may In' slianilioldcrs in the said 
 
 company, and all such shareholders sliall be (sntitlcd to vote on 
 
 their shares etjually with British suhjects, and shall also he eli- 
 
 <,'ihle to office as directors in the said company. 
 
 (^loruul. I'l. At all meetin<,'s of the hoard of directors whether of 
 
 provisional directors or of tliose elected l)y the shareholders, 
 iive directors shall form a (|Uorum for the transaction of busi- 
 ness : and the said board of directors may employ one of their 
 
 Paid director, number as paid director. 
 
 Aid fiiim mu- 
 uicipalitii'M. 
 
 Ir 
 
 I' i ! 
 
 tS. (a) In case at least fifty of the persons rated on the last 
 assessment roll as freeholders who may be (jualitied voters un- 
 der the Municipal Act in any portion of a municipality do peti- 
 tion the council of such nnniicipality to pass a by-law as here- 
 inafter set out, and in such petition do define the metes and 
 bounds or the section of thenninicipality within which the pro- 
 perty of the petitioners is situated, or in the case of a county 
 municipality if fifty persons at least of the qiuilified ratepayers 
 within the portion of the county affected, or the majority of 
 the reeves and deputy reeves for those townships, towns or in- 
 corporated villages that may be asked to grant a bonus, do peti- 
 tion the council of such county municipality to pass a by-law 
 as hereinafter set out, and i;" such petition do define the town- 
 ships, towns or incorporated villages for which they are respec- 
 tively the reeves and deputy reeves, and expressing the desire 
 of the said petitioners to aid in the construction of the .said 
 railway by granting a bonus to the said company for this pur- 
 pose, and stating the amount which they so desire to grant and 
 to be assessed therefor, and in such petition do define the muni- 
 cipalities or ])ortions of municip.alities that may be asked to 
 gi'ant such aid, the council of such municipality or county 
 municipality, as the case may be, .shall pass a by-law and mb 
 mit the .said by-law to the vote of the qualified ratepayer of 
 the municipality or nmnicipalities or portion of such mui. ji- 
 pe ' or nmnicipalities defined in said petition. 
 
 (1.) For raising the amount .so petitioned for by such free- 
 holders or such reeves and deputy reeves in such portion of 
 the municipality, by the issue of debentures of the municipality 
 payable in twenty years or earlier, or by annual instalments, 
 and for the delivery to trustees of the debentures for the amount 
 of said bonus at the times and on the terms specified in said 
 petition. 
 
 (2) 
 
 (a) This section is amended "by 3G Vict. cap. 84, sec. 5, page 43, so as to 
 extend its provbions to a municipality as well as to a portion of a munici- 
 pality, nnd, so as to provide that the by-law is to be submitted within six 
 weeks of ^he presentation of the petition. 
 
 1872. 
 
 (2.) Fo 
 lying wit 
 special ral 
 inent of tl 
 lie pay.abl 
 cipal coun 
 are hereby 
 ively : Pn 
 tions two 
 seven ant; 
 Act of on 
 fifty-one, 1 
 in the niu 
 aforesaid, i 
 
 16. It s 
 
 council up^ 
 the purpos 
 same to th 
 of such by 
 or other ht 
 the debent 
 same to th 
 Act. 
 
 r.y 37 Vici 
 extended to i 
 to take effect 
 
 ir. Inc{ 
 
 inunicipalit 
 payment oi 
 thereon, shi 
 the municii 
 
 IS. The 
 
 arc not inco 
 passed by o 
 pality to th( 
 tor the who 
 
 19. All b 
 
 bonuses to i 
 greater anni 
 property effi 
 
 (a) See as t< 
 39 Vict., cap. 
 Vict., cap. 48, 
 majority of ti 
 order to carry 
 
 (6) All prov 
 plicable to the 
 ton and Lake 
 page 227. 
 D 
 
I,S72. 
 
 IIAMIF/roN ANf) * «UTII-\VHSTKRN RY. CO. CaP. 55. 
 
 35 
 
 (2) 
 
 (±) F.)r nssessin^r ami levying upon all the ratable property 
 lyint,' withiti the section .leHn.'d hy said petition an annual 
 special rate sufficient to include a sinkiui,' frnd for the repay- 
 ment of the debentures with interest thereon, said interest to 
 lie payable yearly or half-yearly ; which debentures the niuni- 
 cipal councils and the wardens, reeves and other officers thereof 
 are hereby authorized to execute and issue in such eases respect- 
 ively : Provided the said by-law shall be .•M)provod of a.s in sec- 
 tions two hundred and twenty-six, two hundred and twenty- 
 seven and tNvo hundred and twenty-eij^ht, of the Municipal 
 Act ot one thousand eijrht hundred and sixtv-six, chaptered 
 fifty-one, by the majority of (pialiHed electors voting thereon 
 m the municipality or portion of a municipality, petitioning as 
 nforesaid. (a) (b). ° 
 
 16 It shall bo the duty of the warden or other head of the After pa««„g 
 council upon such petition to call a meeting of the council for '>y 'a^, deben- 
 the purpose of introducing such by-law and submittin.. ^^^ tures t« Usue. 
 same to the ratepayers ; and within one month after the psTssinL' 
 of such by-law the said council and the warden, mayor reeve 
 or other head thereof and the other ofHcers thereof shall issue 
 tlie debentures for the bonus thereby granted, and deliver the 
 sTiine to the trustees appointed or to be appointed under this 
 
 Jl fX'""^' <=• *^' i^'^- 3' P'^Se 45, the time referred to in tliis section is 
 L take'eflict'.'"' "'" "^'^ """'"^ '" '^'' '^J"''^^ ^"^ '^'^ «^«S 
 
 .JI{nU.1rr ^"^ ''°.""' ^'^ '°. ='i^"^'^'^ ^'y ^ 1'°^'*^°" Of ^ local AH..e««menton 
 
 municipality or county municipality, the rate to be levied for i"""*'"" "^ » 
 payment of the debentures issued therefor and the interest '"""'" P''^''*y- 
 thereon, shall be assessed and levied upon such portion only of 
 the municipality or county municipality. 
 
 IN. The provisions of the Municipal Acts so far as the same Tir • • . 
 arc not inconsistent with this Act slmll apply to an^bHaw o ^"t^'SLl. 
 passed by or for a portion of a municipality or county munici- 
 pality to the same extent as if the same had been passed by or 
 tor the whole municipality or county municipality: 
 
 19. All by-laws to be submitted to such vote for granting Assessment 
 bonuses to the said company not requiring the levyhic of a -t t^ eSd 
 greater annual rate than three cents in the dollar of the Tatable J^'^t^?"*' *''* 
 property effected thereby shall be valid. '^' '''^"'^•■• 
 
 (o) See as to mumcipahties aiding railways, 3G Vict., cap. 84, page 42 
 39 Vict. , cap. 72, pages 53-5G et seq, 40 Vict. , cap. 76, pages 58 e?S 41 
 Vict., cap. 48, sec. 7, page 72, 43 Vict., cap. 27, sec. IG page 1G3 rehires 
 majority o. ratepayers, entitled to vote, to vote for any CusbyTwTn 
 order to carry same ; but see Act of 45 Vict, as to this. ^ 
 
 nl,vllt^L^/i?"T'rT.f *° '''^ ^'T "'""icipalities are expressly made ap- 
 pl cable to the United company formed by amalgamation with th« U.^Fi. 
 
 page'227 ''"*' ^'^""^^ Company, by Agre^ement ; sec.8, subTecVd, 
 
 ^ ao. 
 
 1 
 
 t 
 
 'I 
 
Ill 
 
 86 
 
 Tower to 
 fxtinjit from 
 taxutiiin. 
 
 Municipal 
 direct*) iH. 
 
 Municipal 
 ilebeiitures, 
 delivery to 
 trustees. 
 
 Trusts of 
 debentures. 
 
 Cap. 55. Hamilton and nouth-wkstf.hn uy. co. 35 Vic. 
 
 •10 It shall 1.C lawful for tho corporation of any municipality 
 tl.rou^rh any i.art of which the railway ot the saul cn.pany 
 passcH or is-sitiuite, by l.y-law cspoc .y ]nxH.M for that purpose, 
 toexen.pt the .same company an.l its proi)erty within such 
 municipality either in whole or in l.art from municipal assess- 
 ment or taxation, or to af,'ree to a certain sum per annum or 
 otherwise in gross or byway of commutation or composition 
 for ..aynient or in lieu of all or any municipal rates or assess- 
 ments to be imposed by such municipal coiporat •,.:., and tor 
 such term of years as to such municipal corporation may .seem 
 expedient not exceeding twenty-one years. 
 
 2i. Any county municipality which shall grant a bonus of 
 not less than five thousand dol'lars per mile for the line of the 
 railway within the said county in aid of the .said company shall 
 be entitled through its council to nrine its warden as director 
 in the said company as the representative of such muiucipality ; 
 and such director shall be a director in addition to all .share- 
 holders directors in the said company, and shall not retiuire to 
 be a .shareholder in the said company and shall continue m 
 office as director in the .said comi)any until his successor shall 
 be appointed by the municipalivy which he represents. 
 
 See as to County Simcoe's ri<?ht to name director, 'M Vict., cap. 84, 
 sec. 11, page 44; Mayor of llainilton to bo director, o'J Viet., cap. 72, sec. 
 3, page 54, 
 
 23. Whenever a municipality or municipalities sholl grant a 
 bonus to aid the .said coiii],mny, the debentures thereof .shall be 
 within six weeks after the passing of the by-law delivered to 
 three trustees, one to be named by the company, one by the 
 municipalities granting such bonus, and one by the Lieutenant- 
 Go ernor in Council : Provided always that if the municipal 
 councils interested .shall refuse or neglect to name a trustee 
 within four weeks after notice in writing to them of the ap- 
 pointment by the company, then the company shall be at lib- 
 erty to name such trustee; in the evi^nt of the death, resigna- 
 tion or inability or refusal to act of any trustee, the party who 
 originally appointed such trustee so dying, resigning or becom- 
 ing incapable or unwilling to act nuiy a[)point a successor, and 
 iiAhe event of such party failing for two weeks after notice in 
 writing to make such api)ointi lent the company may appoint 
 such trustee. 
 
 By 37 Vict., cap. 44, sec. 3, page 4."», the period referred to is extended 
 to six weeks after the day named in the by-law for the same to take effect. 
 See page 
 
 33. The said trustees shall receive the said debentures in 
 trust; firstly to convert the same into money; secondly to 
 dejiosit the mount realized fvoni the .sale of such debentures in 
 some one or . ore of the chartered banks having an office in 
 the City of Hamilton in the nauie of the Hamilton and North 
 
 Western 
 
 , &■*!*'■' 
 
^♦^t^ 
 
 iST'i. 
 
 jrAMILToX AND NoinH-VVHSTKUN UY. '•». t^AP. ')3. 
 
 37 
 
 }iy ;l" Vict., Clip. 44, soiv 
 <liilo A. 
 
 ^\t^stem Railway Municipal Trust Amount, and to pay tho 
 
 same on* to the said company from ti mo to tiino on tho cottiti- 
 <at.- of the cliief cij^'incer ut the said railway in the form set 
 out in [Schedule " A"j hereto or to the like jtlVct setting out 
 the portion of the railway to which the money to' he paid out 
 IS applied, and the total amount expended on such portion to 
 the date ot the certificat. , r -id such certificate, to he attache. 1 
 to the che(pie to be drawn hy the said trustees. 
 
 »ge4(), scluuliilo H. is substituted for sclio- 
 
 This section is .iinoiuled !>> 3(5 Viet., cui.. 84, sec. 8, im-o 43 so as t.. 
 pruvHlo tlmt tho rospectiv., aepusus therei.l r.h'vrod u, IhM spLcSy tho 
 Pjuticnlar n.un.cpahfy fn„n wl.ich tlio s.u.o were denvcd, and a.aK 
 ut her provisions reyarding thuni. «, 'wm uiuk-» 
 
 1 U^t '^'"•r.^l "**.f "^' l''"? ""^ ""''t ^''''^''''^ ^^ ^^ as ^-aliJ and Tuo truHtees 
 
 binding as if the three liud a<,'reed. i.my hind the 
 
 three. 
 % 40 \-ict cap 7(J, .soc. 14, pa,:;o (54, it'is provided tliat this section 
 SS r:^it \^^ '''"^"•^ '^"""^' ^"* ^^'•''"" "^'- l-visions arc mad!; 
 
 3.1 Any county in which i.s or are situate a township or t «, v 
 ownships or ^jortion of a township that shall grant a bomfs or l^^^SZS^ 
 bouuses in aul of the said company shall be at liberty to take ^l'\ '"1"'*^ 
 the debentures issued by such township or townshi.Is or nor- '^■'"*""- 
 tion of a township, and in exchange therefor to hand over to 
 the trustees under this Act the debentures of the county on 
 H rc.si)lution being passed to that t-ffect by a majority of the 
 county council. j j 
 
 iS^: ^^^^Vl"'^'^^^"^ "f the said company, after the sanction of Po.er to i«,ue 
 the shareholders shall have been first obtained at any special bondTprefT 
 general meeting to be called, from time to time, for such pur- '^""'■^'• 
 pose, shall have power to issue bonds, made and signed by the 
 president and vice-president of the said company, and counter- 
 signed by the secrot:uy and under the seal of the said com- 
 pany, tm- the purposes of raising money for prosecuting the 
 said undertaking ; and sucli bond.s shall, without registratfon or 
 torinal conveyance, be taken and considered to be the first and 
 preferential claims and charges upon the undertakincr and the 
 property of the company, real j.ad personal, then existing and 
 at any time thereafter aciuired ; and each holder of tht" .said 
 bonds shall be deemed to be a mortgagee and incumbrancer pro 
 ntta with all the other holders thereof upon the undertakin<r 
 and Jie property of the company as aforesaid ; Provided how° . • v 
 ON er, that the whole amount of such issue of bonds shad not boS 
 exceed in all the . ai of ten thousand dollars per mile, nor 
 shall tne amount of such boiuh- issued at any one time be in 
 
 ."if ?'L / ''""'i"'*^ ''?^''''^^y '^-^I'ended in surveys, purchase 
 o ii^ht of way, and works of construction and equipment upon 
 Mv line ot the said z-ailway or material actually purchased, 
 
 paid 
 
 iinit to issue 
 
 f' 
 
38 
 
 Riglits of 
 
 impaid 
 
 BonilholiU'i's. 
 
 •1 
 
 Cap. 55. hamif.ton and north-wkstern ry. co. 35 Vrc. 
 
 paid for and delivered to the company within the Province of 
 Ontario or Quebec; and i)rovided also further, that m the 
 event at any time of the interest upon the said bonds reraain- 
 incT unpaid and owing, then at the next ensuing general annual 
 meetincr of the said company, all holders ot bonds shall have 
 and possess the same rights and privileges and qualifications 
 for directors and for voting as are attachcil to shareholders ; 
 provided that the bonds and any transfers thereof shall have 
 been first registered in the same manner as is provided for the 
 ret^istration of shares ; and it shall be the duty of the secretary 
 of "the company to register the same on being required to do so 
 by any holder thereof. 
 
 Bon,is,et.., [27. All such bonds, debentures, and other securities and 
 tmnsfeiabieby gQ-jpo^s and interest warrants thereon respectively, may be 
 delivery. ^^^^^ |)ayable to bearer and transferable by delivery, and any 
 
 holder of any such so made payable to bearer may sue at law 
 
 thereon in his own name.] 
 
 These sections wore repealed by 37 Vict., cap. 44, sec. 1, page 44, but 
 the section repealing them was itself repealed by 38 Vict., c. 48, sec. 1. 
 pace 47. See the provisions with regard to bonds made by the latter sta- 
 tute • OS. 2, 3, and 4. See page 47 et scq. Sees. 2 and 3 were afterwards 
 repea d by'sO Vict. , c. 72, sec. 4 (see page 54), which statute makes fur- 
 ther provisions concec'iing the issue of bonds by the company. With re- 
 gard to the loan capital of the company, see also 41 Vict., cap. 48, sees. 1, 
 2, 3, 4, 5, pages 06 et seq ; 42 Vict., cap. (iO, page 74, and 44 Vict., cap. 
 GC, page 75. 
 
 28. The said company shall .lave power and authority to 
 become parties to proinisso'-y notes and l)ills of exchange, and 
 any such promissory note or bill of exchange made or endorsed 
 by the president or Vice-president of the company and counter- 
 signed by the secretary of the said company, anu under the 
 authority of a (luorum of the directors, shall be binding on the 
 said company ; and every such promissory note or bill of ex- 
 change .so made shall be" presumed to have been rnade with 
 proper authority until tlie contrary be shewn ; and in no case 
 shall it be necessary to have the seal of the said company 
 artixed to such prouiissory note or bill of exchange, nor .shall 
 the president or vice-president or the secretary be individually 
 responsible for the .same, unless the said promissory notes or 
 bills of exchange have 1)een Issued without the .sanction and 
 authority of the directors as herein provided and enacted : Pro- 
 vided however, that nothing in this section shall be construed 
 to authorize the said company to issue any note or bill of ex- 
 change payable to bearer, or intended to be circulated as money, 
 or as the notes or bills of a bank. 
 
 This section is expres.sly made applicable to th" Unrt.-^d company by 
 sec. 8, subsection e of agreement, page 227. 
 
 Power to 39. Whenever it .shall be necessary for +hc purpose of pro- 
 
 acquire whole curing sufficient lands for stations or gravel pits, for construct- 
 ing 
 
 Power to be- 
 come parties 
 to notes, etc. 
 
 Net to be 
 circulated ivs 
 money , 
 
 1872. 
 
 ing, mai 
 purclias 
 th laih 
 more rci 
 chasing 
 use and 
 the sam( 
 the sam( 
 expedier 
 
 30. 1 
 
 complete 
 
 and fin a] 
 
 this Act. 
 
 By3()A 
 way is ext 
 
 Jll. T] 
 
 carry cor 
 <lry woo( 
 needing i 
 half cent 
 in lull ca 
 lialf citi 
 times fur 
 strained i 
 of other j 
 
 32. Tl 
 
 any arrar 
 for the w 
 tions as t 
 or tor lea 
 any portii 
 or hiring 
 companie 
 agreemen 
 or the ot 
 stock, of 
 service tc 
 the comp 
 valid anc 
 Provided 
 holders si 
 called for 
 and the 
 panics lei 
 line may ; 
 in the snri 
 its own lii 
 
 33. Th 
 
1872. 
 
 HAMILTON AND NORTH-WESTERN RY. CO, CaP. 55. 
 
 39 
 
 ing, maintaining, and using the said railway, and ii: case by \ou, though 
 purchasing the whole of any lot or purcel of land over which lass would 
 th lailway is to run, the company can obtain the same at a *'"*'''^" 
 more reasonable price, or to greater advantage than by pur- 
 chasing the railway line only, the company may purchase, hold, 
 use and enjoy such lands, and also the right of way thereto if 
 the same be separated from their railway, and sell and convey 
 the same or part thereof, from time to time, as they may deem 
 expedient. 
 
 30. The railway shall be commenced within two years, and ("<>mmence- 
 oompleted to the waters of the bays aforesaid within live years, completion 
 nnd finally completed within seven years after the passing of 
 this Act. 
 
 By aC Vict., c. 84, sec. G, page 43, the time for coinmencing the rail- 
 way is extended to two years from the passing of tliat Act. 
 
 ai. The said railway company shall at all times receive and Rates for car- 
 carry cordwood or any wood or fuel at a rate not to exceed, foi- ""y^'s wood. 
 <lry wood, three cents per mile per cord, from all stations ex- 
 ceeding fifty miles, and at a rate not exceeding three and a 
 half cents per cord per mile from all stations under fifty miles 
 in full car loads ; and for green wood at the rate of two and a 
 half c ..its per ton per mile ; the company shall, further, at all 
 times furnish every facility necessary for the free and unre- 
 strained traffic in cordwood to as large an extent as in the case 
 of other freight carried over the said railway. 
 
 32. The company incoi-porated by this Act may enter into Arrangements 
 any arrangement with any other railway company or companies "'th ^th"'*'^*^ 
 for the working of the said railway on such terms and condi- TOmp^el 
 tions as the directors of the several companies may agree on, 
 or tor leasing or hiring from such other company or companies 
 any portion of their railway, or the use thereof, or for the leasing 
 or hiring any locomotives or other moveable property from such 
 companies or persons, and generally to make any agreement or 
 agreements with any other company touching "^the use by one 
 or the other, or by both comparies of the railway or rolling 
 stock, of either or both, or any part thereof, or touching any 
 service to be rendered by the one company to the other and 
 the compensation therefor, and any such agreement shall be 
 valid and binding according to the terms and tenor thereof ; 
 Provided that the assent of at least two-thirds of the share- 
 holders shall oe first obtained at a general special meeting to be 
 called for the purpose, according to the by-laws of the company, 
 and the provisions of this Act ; and the company or com- 
 panies leasing or entering into agreement for using the said 
 line may and are hereby authorized to work the said railway 
 in the snnie manner and in all respects as ii incorporated with . 
 
 its own line. 
 
 33, The said company herel)y incorporated may, from time Power to 
 
 ^ l)ledge bonds. 
 
 ^iii 
 
 aH 
 
 'I'll 
 
 ■ 
 
 
 n 
 
 t 1 
 
 H^^l 
 
 
 ^^^^H 
 
 1 
 1 
 
 
 : 
 
 ^H^H 
 
 .'■'1 
 
 ^^^^1 
 
 : (I 
 
 i ^^H 
 
 \ n 
 
 ^^B 
 
 1 ' 
 
 ■ 
 
 I 
 
40 
 
 I 
 
 Conveyances, 
 how made. 
 
 Cap. 55. Hamilton and north-western ry. co. .35 Vic. 
 
 to time, for advances of money to be made thereon, mortgage 
 or pledge any bonds which they can under the powers of this 
 Act issue for the construction of the railway or otherwise. 
 
 34. Conveyances of lands to the said company for the pur- 
 poses of and powers given bj"- this Act inade in the form .sot 
 out in the schedule "A," hereunder wn-itten, or the like effect , 
 shall be sufficient conveyances to the said compsmy, their suc- 
 cessors and assigns, of the estate or interest and sufficient l>ar 
 of dower, respectively, of all persons executing the same ; and 
 such conveyances .shall be registered in the same manner and 
 upon such proof of execution as is required under the registry 
 laws of Ontario ; and no registrar shall be entitled to demand 
 more than seventy -five cents for registering the same, includ- 
 ing all entries and certificates thereof, and certificates endorsed 
 on the duplicate thereof. 
 
 SCHEDULE "A." 
 
 
 Know all men by these presents, that I, (or we,) [insevt tJn- 
 name or names of the vendors] in consideration of 
 
 dollars paid to me (or us) 
 by the Hamilton and North-Western Railway Company, the 
 receipt wdiereof is hereby acknowledged, do grant and convey, 
 and I, (or Vie,) [insert the names of any other imrty or 'part'ies'] 
 in consideration of dollars, 
 
 paid to me (or us) by the said company, the receipt whereof is 
 hereby acknowledged, do grant and release all that certain 
 parcel (or those certain ^xtj'ce/s, as the case may be,) of land 
 situate (describe the land) the same having been selected and 
 laid out by the said company for the purposes of this railway^ 
 to hold with the appurtenances unto the said the Hamilton 
 and North-Western Railway Company, their successors and 
 assigns (here insert any other clanses, covenants or conditions 
 required), and I, (or we) the wife (or wives) of the saiil 
 
 do hereby bar my (or our' 
 dower in the said lands. 
 
 As witness my (or our) liand and seal (or hands and seals) 
 this day of 
 
 one thousand eight hundred and seventy 
 
 Signed, .sealed and delivered ) 
 in the presence of j 
 
 [L..S.] 
 
 SCHEDULK 
 
1ST3. 
 
 HAMILTON AND NORTH-WESTERN RY. CO. CaP. 84. 
 
 SCHEDULE " B." 
 
 CJiief Ewjhieer'' 8 Certificate, 
 
 The Hamilton and North-Western Railway Company's Office, 
 
 Engineer's Department, 
 No. A. D. 187 . 
 
 Certificate to be attached to cheques drawn on the Hamilton 
 and North-Western Railway Municipal Trust Account, and 
 ifivcn under section of chapter 
 
 thirty-fifth Victoria. 
 
 I, Chief Engineer 
 
 of the Hamdton and North-Western Railway Company, do 
 hereby certify that there has been expended in the construc- 
 tion of mile No. (the said mileage being 
 nun)bered consecutively from the City of Hamilton,) the sum 
 of dollars to date, and that the 
 total i^ro rata amount due for the same from the said munici- 
 pal trust account amounts to the sum of 
 
 dollars, which said sum of 
 dollars is now due and payable as provided under said Act. 
 
 41 
 
 ANNO TRICESLMO SEXTO VICTORIiE REGINvE. 
 
 (36 Vict.) 
 
 CAP LXXXIV. 
 
 An Act to amend tlio Act incorporating the Hamil- 
 ton and North-Western Railway Company, and to 
 enable them to extend their hne to Collingwood. 
 
 {Assented to 2dth March, 1873]. 
 
 WHEREAS the Hamilton and North-Western Railway Preamble 
 Company have prayed for certain amendments to their 
 cliarter and for power to extend their line of railway from some 
 point on the main line to the Town of Collingwood, and it is 
 expedient to grant the prayer of the said petition : 
 
 Therefore Her Majesty, by and with the advice and consent 
 <•[■ the Legislative Assembly of the Province of Ontario, enacts 
 iis follows : — 
 
 I 
 
 
I lit: 
 W 
 
 42 
 
 Cap. 84. Hamilton and nor-^h-western ry. co. 36 Vic. 
 
 Branch line to 1. The Said Company may construct a branch from any point 
 Collingwood. of its main line within the County of Simcoe to the watc. s 
 edge of Lake Huron in tlie Town of Collingwood ; and the se- 
 veral clauses of the Act respecting railways which are referred 
 to in the Act incorporating the .said The Hamilton and North- 
 Western Railway, and all the powers conferred by such last 
 mentioned Act, shall be taken, held and construed to apply to 
 the said branch line as fully and effectually as if such brunch 
 line had been specially authorized in and by such last-men- 
 tioned Act : Provided the construction thereof be commenced 
 within two years, and completed within five years from the 
 passing of this Act. 
 
 By 37 Vict., cap. 44, see. 4. page 45, it is provided that notwithstanding 
 anything in this section contained it shall be lawful for the company to 
 extend their line into tho waters of the (Georgian B.ay at Collingwood, and 
 to erect all necessary wiiarves, buildings, stations, etc. 
 
 Municipalities 
 aiding may de- 
 clare the trusts 
 upon which the 
 deb'iitures are 
 to be held. 
 
 2. It shall and may be lawful for any municipality or por- 
 tion of a municipality, whether the same shall be a township 
 or a county nmnicipality, that may pass a by-law to aid the 
 said The Hamilton and North Western Railway Company to 
 declare in the by-law that the debentures shall be delivered to 
 the trustees, in the manner and upon the trusts provided for 
 and declared in the twenty-second and twenty-third clauses of 
 the said Act, or to vary the said trusts in and b}' the said by- 
 law in such a manner as may be agreed on ])et\veen the coun- 
 cil and the company, or to do so by a separate agreement spe- 
 cifying the terms on Avhich the same may be converted into 
 money or delivered to the company, and generally to make 
 such arrangements respecting the conditions or disposition of 
 such bonus as may be found advisable ; which agreements the 
 said municipal councils and the directors of the company are 
 hereby respectively authorized to make; and it is hereby declared 
 thata by-IaAV pa.ssed by the Township of IrinisHl, granting aid to 
 the said railway company, to the extent of twenty thousand dol- 
 lars, and the agreements entered into between the railway com- 
 pany and the corporation of the said township, and a bond given 
 by the said company for the due performance of the terms of 
 the said agreement shall be good, valid, and effectual and 
 binding upon the cor|)oration and company respectively.* 
 
 Certain agree- 3. It shall further be lawful for the said company to enter 
 
 Hi'jnts maybe •„. i •,! . . ,., ,.,■'*' 
 
 made with ^"^0 an agreement with any municipality which may grant a 
 manicipalities bonus, or which may form a portion of a county municipality, 
 M lufa'. or section of a municipality, granting a bonus in aid of the 
 
 said railway, defining the location of the said line, and the 
 time within which the road shall be completed, and the portions 
 of the railway or branch upon which the bonus shall be ex- 
 pended, the places where stations are to be erected, or sucli 
 other matters of detail as may be agreed on between the com- 
 pany 
 
 * See page 187 
 
 Innisfil by- 
 law, &c., con- 
 firmed. 
 
^feftag^ 
 
 t 
 
 1873. 
 
 HAMILTON AND NORTH-WESTERN RY. CO. Ca1>. 84. 
 
 43 
 
 pnny and such municipality, and such agreement shall be good 
 and valid in law. 
 
 4. The council of any municipality which has aided or as- Municipalities 
 sisted, or may aid or assist the said company, may, upon the '^''^'"y ""^v 
 application of the company, in its discretion, grant such exton- time"?or*«,.n. 
 sion of time, as they may think fit, for the f)erformance or ful- pl«ti»ff certain 
 tilment by the company of any works or conditions stipulated '""'''"* 
 
 for in respect of such aid or assistance. 
 
 5. The fifteenth section of the said Act is hereby amended, 35 v., c. 55, s. 
 so as to extend its provisions to a municipality, as-well as to a ^•'' ''• ,H 
 portion of a municipality ; and such by-laws as are therein re- *""""'"''• 
 ferred to, shall be submitted to the ratepayers within six weeks 
 
 after the warden, mayor, reeve or other head of such municipa- 
 lity shall receive such petition as is therein referred to, signed 
 by at least fifty ratepayers who are qualified voters, residinf' 
 within such municipality, and the said fifteenth section is to 
 be read as varied by the provisions herein contained. 
 
 6. The said railwrj shall be commenced within two years Time for cm- 
 from the passing of this Act, instead of at the period men- ""'"cement of 
 tioned in the second recited Act, or, in default, the charter of tendifjr "'" 
 the company shall be forfeited, and the powers hereby con- 
 ferred upon them shall cease and determine. 
 
 r In any by-law which has been, or may be, submitted for Requisite, of 
 grantmg aid to the said railway, it shall not be necessary to ''yl^ws with 
 raise an equal annual special rate in the dollar for paying the "^^^'"'^^'"'''^''^ 
 interest and creating an equal yearly sinking fund for payinc/ 
 the principal, but it shall be sufiicient to state a rate which 
 shall be sufiicient to pay the interest and the principal of the 
 debentures at the time or times that the same shall be made 
 payable. 
 
 8. The twenty-third section of the said Act is hereby am- 35 v , cap. 55, 
 ended, so that the respective deposits therein referred to shall ^'^ ^^> i'-,-**^ 
 specify the particular municipality from which the same was de- '''"'"'^'■''• 
 lived, and the money shall, in each case, be carried to a separate 
 account, to be called the Hamilton and North Western Railway 
 Municipal Trust Account for the county or township, or other 
 municipality (as the case may he), specifying the particular 
 municipality from the proceeds of whose debentures the funds 
 were derived, and the same shall be paid out on the certificate 
 of the engineer, and upon such other terms as may be men- 
 tioned in the agreement delivered to the trustees at the time 
 the said debentures shall be deposited with them. 
 
 9. The tenth section of the said Act is hereby amended, by S«c lo, p. 33 
 striking out so much thereof as renders it necessary to publish ''™^»<^ed. 
 
 a notice 
 
 \ 
 
 
 
 
 c 
 
 ii 
 
 1 
 tf 
 
 ■ 
 
44 
 
 Cap. 4*. Hamilton and north-western ry. co. 37 Vic. 
 
 ton 
 
 a notice of the meeting in some one newspaper in each of the 
 counties which have granted bonnscs to the said railway. 
 
 Ai.Hrointlu- '<>• Tlie corporation of the City of Hamilton may and is 
 CityofHaniii- hereby empowered to grant by way of gift to the said company, 
 in addition to any other bonus, any shares, bonds or debentures 
 which it may hold in any other company, and to grant any 
 lands belonging to the nmnicipality which may be required for 
 right of way or station grounds or other purposes connected 
 with the operating of the said railway ; ami the said company 
 shall have power to accept the said gifts or grants; but the 
 by-law malting any such grant shall be approved of by the 
 ratepayers in manner p"ovided by the Municipal Institutions 
 Act, in respect of by-laws for the creation of debts. 
 
 County of 
 Simcoe may 
 yrant boims 
 and name a 
 director 
 
 II. The County of Simcoe, in the event of its granting a 
 bonus of not less than three hundred thousand dollars in aid 
 of the said railway, or in the event of such grant being made 
 by any section or sections of the county shall be entitled 
 through its council to name a director in the company as its 
 representative who shall not re([uire to be a shareholder in the 
 said compan3\ 
 
 ANNO TRICESIMO SEPTIMO VICTOIU/K REGIN/E. 
 
 (37 Vict) 
 
 CAP. XLIV. 
 
 !| 
 
 An Act further to amend tiie Act incorporating the 
 Hamilton and North Western Eailway Company. 
 
 [Assented to 2iih March, 1874.] 
 
 Preamble. \ T 7HEREAS The Hamilton and North Western Railway 
 VV Company have petitioned for certain amendments to 
 their charter, more especially as regards their borrowing powers, 
 and it is expedient to grant tin) same : 
 
 Therefore Her Majesty, by and with the advice and consent 
 of the Legislative Assembly of the Province of Ontario, enacts, 
 as follows : 
 
 .35 Vic. c. 5.'), (a) [1. The twenty-sixth and twenty-seventh sections of the 
 pp^iVss ^/e- ^^^> P^^s^^ ^" the thirty-tifth year of Her Majesty's reign, inti- 
 
 pealed'. ' , tuk'il 
 
 (a) These Sections, in brackets, are repealtd by 38 Vict. cap. -18, sec. 1. See page 4". 
 
 MABUMMIMNaWU 
 
1874, 
 
 HAMILTON AND NORTH-WESTERN UY. CO. CAP. 44. 
 
 45 
 
 tuled " An Act to incorporate the Hamilton and North West- 
 ern Railway Company," are lieroby repealed. 
 
 [*2. All bonds, debentures, and other securities, and coupons. Bonds, Ac. 
 and niterest warrants thereon, respectively may be made pay- '""^ '"^ "'"^''■' 
 able to bearer or order, and transferable by endorsement orlXn''" 
 delivery, and any holder of such securities may sue thereon in 
 his or her own name ; and may be so issued under the provi- 
 sions of the Railway Act.] 
 
 a. The periods referred to in the sixteenth (a) and twenty- Ti.,.o f..r 
 second clauses (b) of the said Act, shall be one month and six l«««in« of 
 weeks respectively, after the day named in the by-laws for the Ij^ivery "'f'' 
 same to take effect and come into ojieration, instead of from the <lebentures t.> 
 tune of the passing of the by-laws, as therein provided, and the iT'SZi 
 said clauses shall be read as varied by this Act. e-^te«Hiea. 
 
 4. Notwitlistanding anything in the first section of the Act, Extension of 
 passed in the thirty-sixth year of Her Majesty's reign chap- li"f toCollin- 
 tered eighty-four, it shall be lawful for the c(.m])any to extend "■°"''- 
 their line into the waters of the Georgian Bay at the Town of 
 
 ( ollingwood, and there to erect and maintaiirall necessary and 
 
 e..nvenient buildings, stations, wharves, and other conven- :J;.^i't"4'o'^' 
 
 leiices for the use and accommodation of the passengers, frei-dit oxpi.-vined."' 
 
 and business of the railway, subject to the provisions oi^the 
 Kailway Act. 
 
 5. And it shall be lawful for the directors to accept payment P"^vei- to 
 
 in tu 1 tor stock from any of the subscribers thereof at the time "'''PlPfYn f 
 of subscription, or at any time before the making of a final call stock !u any 
 thereon, and to allow such percentage or discount thereon, as *',',""' T^ . 
 they may deein expedient and reasonable, and thereupon to S'rln"""""' 
 issue to each of such subscribers, scrip to the full amount of 
 such stock subscribed. 
 
 6 It shall be lawful for the directors to enter into a con- Power to oon- 
 tract or contracts with any individual or association of indi- ?.'"";' "'^'^M"ii' 
 viduals for the construction or equipment of the line or any S'^''""" 
 portion thereof, including or excluding the purchase of the 
 right ot way, and to pay therefor either in cash or bonds or in 
 paid up stock, notwithstanding that one or more of such con- 
 tiactors may be shareholders or directors in the company : 
 I rovided that no such contract shall be of any force or validity 
 till approved of by two-thirds of the shareholders present iii 
 person or by proxy at a meeting specially convened for consid - 
 enng the same. 
 
 7. Section number nine of the first recited Act, is amended ^'•'5 Vic, c. r.5, 
 by striking out the words « as provided in section seven," and '^.Sm' 
 substituting in lieu thereof, " in the 0§icml Gazette of Ontario " ' 
 
 (a J iiiigc ;?5. fitj page .'W. 
 
Il 
 
 
 ' I 
 
 I Jill 
 
 46 
 
 Cap. 44. Hamilton and north-westkrn ry. co. 37 Vic. 
 
 S. 23, n. 37, 
 ivmenaed. 
 
 Oo\mcilH of 
 aiding munici 
 palitie8 may 
 consent to 
 vary agree - 
 inenta aH to 
 route, &c. 
 
 8. Section tvventy-threo is arneiuit,! V^^ the su>)stitution of 
 schedule B for schedule A, and the said section shall be read 
 as varied by this Act. 
 
 9. The council of any municipality or of any minor munici- 
 pality, comprised in a section of a county municipality, which 
 has aided or may aid the said railway, by granting a bonus 
 thereto, may on the application of the company from time to 
 time, consent to the ccmditions of the agreements made with 
 such municipality, as to the route of the railway mentioned 
 therein, being varied to such extent and in such manner as an 
 actual survey of the line may render necessary or expedient 
 and to the extent of such alterations tlie original agreement 
 may be varied accordingly : Provided always that nothing here- 
 in contained shall be con.strued as authorizing the council to 
 sanction any deviation from the line originally agreed on, be- 
 yond what may be found necessary or expedient from natural 
 or engineering difficulties ; and provided also that it shall be 
 lawful for the company in any such case to ent(>r into an 
 agreement with such municipality for the gravelling or maca- 
 damizing any road leading to the said Railway. In case the 
 council of a municipality or minor r nicipality cannot agree 
 with the said Railway Company as to what deviation should be 
 made owing to such natural or engineering difficulties, the said 
 council and said railway company respectively shall each ap- 
 point an arbitrator, and such two arbitrators and the County 
 Judge, or some person appointed by him to act as arbitrator 
 in his stead, shall finally determine the matter. 
 
 Bj 39 Vict. cap. 72, sec. 11, p. 5(5, this Section is amended by adding the 
 following words, " and in case of any such deviation being sanctioned oi' 
 determined upon by the said arbitrators, such compensation shall bo 
 awarded to any such municipality or minor municipality, as the said arbi- 
 trators shall deem reasonable and proper, and such compensation shall bo 
 paid over by the said Company to such Municipality or minor Municipal- 
 ity before the said Company shall proceed, or be permitted to proceed, 
 with the construction of any portion of such deviation." 
 
 Certain muni- 10. The By-laws passed by the County of Peel, (a) the City 
 confirmed?^'* of Hamilton (b), and the Town of CoUingwood, granting aid 
 to the said railway, and all debentures issued thereunder, are 
 and the same are hereby declared to be valid and binding. 
 
 (a) page 199. (b) page 198. 
 
 ANNO 
 
its': 
 
 1874. 
 
 HAMILTON AND NOUTH-WI-^iTF.RN IIY. CO. CaP. 48. 
 
 47 
 
 ANNO TRICESIMO-OCTAVO VICTORIiE REGINiE. 
 
 (38 Vict.) 
 
 CAP. XLVIII. 
 
 An Act further to amend tlie Act incorporating the 
 Hamilton and North Western Railway Company. 
 
 [Assented to 21.s< December, 1874.] 
 
 TTTHEREAS the Hamilton and North Western Railway Preamble. 
 
 V V Company have petitioned for an amendment of the pro- 
 visions relatin!> to their borrowing powers, and for power for 
 that compai.y and the Hamilton and Lake Erie Railway Com- 
 })any to unite together as one company, or for one of such com- 
 panies to purchase and acquire the property and rights of the 
 other, and for certain other amendments to their charter and it 
 is expedient to grant the same : 
 
 Therefore Her Majesty, by and with the advice and consent 
 of the Legislative Assembly of the Province of Ontario, enacts 
 as follows : 
 
 1. The first and second sections of the Act passed in the ;?7 V. c. 44, s.s. 
 thirty -seventh year of Her Majesty's reign, intituled "An Act 1 ^'j'li^ '"*^'44 
 further to amend the Act incorporating the Hamilton and North ' 
 
 Western Railway Company " are hereby repealed. 
 
 [2. The directors of the said company, after the sanction of Power to issiu- 
 the shareholdei's shall have been first obtained at any special '^o"*^" for the 
 general meeting, to be called from time to time for such purpose Wrowhig 
 shall have power to issue bonds of the said company for the money, 
 purpose of raising money for prosecuting the said undertaking ; 
 and such bonds shall, without registration or formal conveyance, 
 be taken and considered to be the first and preferential claim ?°"'H*° '^"^ * 
 and charge upon the undertaking, and the property of the com- '^ ^ '"^^^' 
 pany, real and personal, then existing and at any time there- 
 after acquired and each holder of the .said bonds shall be deemed 
 to be a mortgagee and incumbrancer j^ro rata with all the other 
 holders thereof, upon the undertaking and the property of the 
 company as aforesaid: Pi'ovided however,that the whole amount Proviso, 
 of such issue of bonds shall not exceed in all the sum of twenty- 
 five thousand dollars per mile,nor .shall the amount of such bonds 
 Issued at any one time be in excess of the amount actually ex- 
 pended in surveys, purchase of right of way, and works of con- 
 struction and equipment upon the line of the said railway, or 
 material actually purchased, paid for and delivered to the com- 
 pany within the Provinces of Onta.rio or Quebec, and that the 
 
 rate 
 
 
w 
 
 48 
 
 Cap. 48, Hamilton and noutii-westkun iiy. en. .'W Vic. 
 
 Ibsuc of ner- 
 iniuient bonds 
 or ])i!rnmnunt 
 debenturu 
 stock. 
 
 Charge. 
 
 i{iKl>t«of rate of interest thoreon sliall not exceed .six per centum per 
 l-ondhoMcrH if ,„j^m„ . n,n(l providod also further, that in the event at any 
 j>ftid. time of tlie interest ot the .said bonds remainin<,' unpaid and 
 
 owing tlien at the next ensuing general annual meeting of the 
 said company all holders of bomls shall have and possess tluj 
 same rights and privileges and (pialitieations for directors and 
 for voting as are attached to shareholders, provided that the 
 bonds and any transfers thereof shall have been first registered 
 in the .same manner as is provided for the legistration of shares, 
 and it shall be the duty of the secretary of tlu; company to 
 register the same on being reijuircd to do so by any holder 
 thereof.] 
 
 [3. In case th» said company shall enter into any ai-range- 
 ment, or lease, with any other railway company or com])anie.s, 
 for the leasing or working of the said railway, the directors 
 may, with the like sanction in the last .section mentioned, issue 
 permanent bonds, or permanent debenture stock of the said 
 comi)any, or bonds or debenture stock payable at the time of 
 the expiration of such lease or arrangement, for the purpose of 
 raising money for prosecuting the said undortaking ; and such 
 bonds or debenture stock ;diall, without registration or formal 
 conveyance, be and be taken and considered to be a first and 
 preferential claim and charge upon the rent, or money in the 
 nature of rent, or any other moneys which may be payable to 
 the said company, under any such lease or arrangement for 
 securing the payment of the interest on such bonds or deben- 
 ture stock during the term of such lease or arrangement, or 
 during the currency of such bonds or debenture stock ; and 
 from and after the expiration or determination of such lease or 
 arrangement, such bonds or debenture stock .shall, without for- 
 mal conveyance or registration, be and be taken and consitlered 
 to be, first and preferential claims and charges U[)on the under- 
 taking and property of the company, in the same manner and 
 to the like extent as the bonds in the last section mentioned ; 
 and the several provisoes in the last section contained, as to 
 the amount of such bond issue and the interest thereon and 
 otherwise, shall extend and ajiply to the said bonds and de- 
 benture stock hereby authorized, in the same manner and to 
 the like extent as if they had been re-enacted herein : Provided 
 always that the powers as to the issue of bonds by this and the 
 preceding section conferred shall not be exercised concurrently, 
 but the powers conferred imder the one of such sections shall 
 only be exercised in the event of those conferred under thtj 
 other of such sections not having been exercised.] 
 
 Proviso. 
 
 These sections in brackets aie repeal<3d by 39 
 See page 54. 
 
 "*• cap. 72, sec. 4. 
 
 Form of bonds ^- The bouds or debenture stock hereinbefore authorized 
 or debenture shall be made and signed by the president v . the vice-presi- 
 ^^'^''^- dent, and countersigned by the secretary, and under the sen! 
 
 of 
 
 1874. 
 
s 
 
 187-t. 
 
 HAMILTON AND NORTM-WESTKUN UY. €0. CaP. 48. 
 
 49 
 
 of the said company, and may bo expressed to be payable in 
 sterlin;,' mont-y of (}ioat Britain ; or in current money of C'ana- 
 <iii, and the phvce of jjayment may be in Great Britain, or in 
 Canachi ; and the same and all coupons and interest warrants 
 thereon respectively, may be made payable to the bearer or 
 order, and transferable by endorsement or by delivt-ry ; and any 
 liolder of such securities nuiy sue thereon in his or her own name. 
 
 Tho provisions of this acctiou arc, by sec. 4 of DO Vict., cap. 72, (see 
 pii^'o 51, iiiadi) applicable to the bonds auMiorized to bo issued under the 
 ."), (i, and 7 sections of that Act ; and by 41 Vict., c. 48, sec. G, pajje 71, 
 to tho bonds authorized to bo issued by the tirst and third aectiona of 
 tjiat Act, in lieu of tho former. 
 
 a. Tlie provisions of the tenth section of tlie Act of incorpora- Ar, v. c. .m, s. 
 tion of the said company as to the notice recpiisite for the ^'*' |'- F; 
 •,feneral meetings of the shareholders of the eonipany, are notice of Kenc- 
 hereby repealed, and such notice shall be sufficient if the same ral meeting, 
 be published once in the Ontuvio Gazette, at least two weeks 
 previous to the day of such meeting, and once a week in one 
 daily newspaper i)ublished in the City of Hamilton, and in 
 <onie one newspaper published in the County of Simcoe, during 
 the two weeks preceding the week in which such meetinjr is to 
 he held. 
 
 «. It shall be lawful for the Hamilton and North Western Power to 
 Railway C(^mpany, and the Hamilton and Lake P^riu Railway amalgamate 
 Company to unite together as one company, or for one of such Jtmi LakT*£'il' 
 companies to purchase and ac<iuiro the property and rights of i^- tJo.' 
 the other. 
 
 7.* It shall be lawful for the directors of one company to Directors may 
 agree with the directors of the other company, that the com- ainm-e teimi 
 panics they respectively represent shall be united as one com- *'^ '""""• 
 pany, or that one of such companies shall purchase and acquire 
 the property and rights and take unto itself all the liabilities 
 of the other ; and by such agreement to lix the terms upon 
 which such union, or such purchase, shall take place ; the rights 
 which the shareholders of each company shall possess after such 
 union or purchase ; the number of directors of the company 
 after any such union, and who shall be such directors until the 
 then next election ; the [leriod at which such next election shall 
 be held ; the number of votes whicli the shareholders of either 
 company shall respectively have thereat and thereafter; the 
 corporate name of the company after any such union, the time 
 when the agreement shall take etioct ; tiie by-laws which shall 
 apply to the united company ; and generally to make all such 
 conditions and stij)ulatioiis touching the terms upon which such 
 union or purchase shall take place, as may be found necessary 
 for determining the rights of the said companies respectively, 
 and of the shareholders thereof, after any such union or pur- 
 chase ; and the mode in which the business of the company 
 shall be managed and conducted after any such union. 
 
 * See Araalganiatiou Agreement, page 220. 
 
 f '■ 
 
Hi 
 
 kdT 
 
 50 
 
 (Jap. 4S. HAMILTON AND NORTH-WESTERN RY. CO. 
 
 38 V'lc. 
 
 II 
 
 If n^'ri'i'iiu'iit 
 for iiniiiii 
 iiinilc, Hpi'ciiil 
 
 inct'tiiiK' tn lio 
 I'ulleil. 
 
 H. Tlmt whenever any wuch uj^rceiiH'iit hIihII havo boon made 
 as aforesaid tlie diroctors nt each of the said coiiipMiit'.s shall 
 call a .special j,a'neral ineetiiij,' of the shareholders of the (,»ta- 
 pany they rtjtreseiit in the manner [jrovided hy law f(jr callinff 
 such j,'eneral meeiin;,rs, statinjf particularly that such meetinij 
 i.s called for the purpose of consideiiuj; the .said a^O' 'etuent and 
 of ratifying,' oi' di.sallowin<,' the .same ; and if at such meeting of 
 the shareholders of each of the companies concerned, a majority 
 of the votes of the sharehohh'rs attending the sanu', cither in 
 person or by proxy, be given for ratifying the .said cgreemi'nt 
 then the same shall have lull effect accordingly : Provided al- 
 ways that if less than a majority of the vot(vs of the share- 
 holders present at such meeting, in person or by pro.vy. In? 
 given in favour of rati*'ying such agi'cement the same shall not 
 take effect, but a further meeting of such shareholders may be 
 called to consider such agreement, but no meeting .shall be 
 called for that purpose within one month after the meeting at 
 which the same was so consid'Mcd : Provided always, that the 
 first meeting of the sluireholders of either company for consider- 
 ing any sucli agreement .shall be held within throe months of 
 the time when the .same shall be made by the directors thereof, 
 and not afterwards. 
 
 !l m> 
 
 iHl . 
 
 V J 
 
 After ratifioii' 
 tion of union, 
 I'oniimnieH ^<> 
 liecome ont. 
 
 llights, Iial>ili' 
 
 tit'H, &c. 
 
 Provided 
 claim of per- 
 son having 
 Hliecial lien on 
 either com- 
 pany not im- 
 paired. 
 
 Properties, 
 rights and lia- 
 bilities after 
 purchase. 
 
 9. From and after the time when any such ratified agree- 
 ment for the union of the said companies .shall take effect, the 
 said companies shall become one company and one corporation 
 by the corporati; name assigned to it in such agreement, and 
 .shall be invested with and have all the rights and j)roperty 
 and be responsible for all the liabilities of tlie said respective 
 companies, anil sliall f»e held to be the same corporation with 
 each of them ,so that any right or claim which could be enforced 
 by or against either of them may, after such union, be enforced 
 by or against the company formed l)y their union : and any .suit, 
 action or proceeding pending at the time of such union by or 
 against either of such companies may be continued and com- 
 [tleted by or against the company formed by their union by the 
 corporate name assigned to it by the agreement : Provided al- 
 w} ys, that the rights of any person, or party having any special 
 lit 1, charge or pri^'ileged claim u[;on the lands and buildings, 
 tolls, revenues or other properly real or pfersonal of either of 
 such companies or upon any part thereof, shall not be impaired 
 by sucli union. 
 
 10 From and after the time when any such ratified agree- 
 ment for the p-fii-chase by the one company as aforesaid of the 
 railway property and rights of the other company shall take 
 effect, such railway property and rights shall become vested in 
 and shall be exercised by the company purchasing the same by 
 the corporate name assigned to it in such agreement ; and such 
 last-mentioned company shall be responsible for all the liabili- 
 ties of the Cou^pany whose railway property and rights shall have 
 
 been 
 
1S74. 
 
 IlAMir/roN AND NoKTII WKSTKUN KV. tX* 
 
 Cap. 48 
 
 1 II tran>*fiMre<l to tluMii, niid shall In- lu'ld to he the .samo cor- 
 
 jioratioM with it, so that any ri^'ht or nlaini which could he on- 
 
 imrd hy or ii<,'ainst rithcr joiiipany may after such jMirchaso ho 
 
 .•iihi ..d hy or against the iniichasinnf Company ; ami any suit, 
 
 action or procenlin^^ poiidiiiy at tlio time siicira^Mccment shall 
 
 t:d<.' effect hy or a<,'ainst either company may he continued and 
 
 cniiipleted hy or against the purchasing emiij .any hy the name as- 
 
 -i-iied to it in such nnreenient: I'roviiled aiwfiys, that the ri(rhts 
 
 ,f any person or party havin<;any special lien, charge or i)rivi- 
 
 lei^ed claim upon the lands, huildini-s, tolls or other property of 
 
 either of such companies (.r u}K)n any part thereof shull not he 
 
 luipanvd hy such piuchase: Provided always, that the company 
 
 whose i)r..perty and ri^dits shall have heJn so purchased shall 
 
 roi.tnnu! to have a corporiite existence for the soli" purpose of 
 
 dnin^' such things and such Mungs only as shall h.' necessary for 
 
 the puri)()se o( giving full effect to the ratified iigreement,' and 
 
 to the rights ol the shareholders or others under the same iind so 
 
 long as the- e shall remain anything to he done f(u- that pur- 
 
 jiose, directois may he elected for the sahl company and may 
 
 exercise their powers for sn 'i purposes as aforesaid, and for 
 
 tlujse purposes only. 
 
 I'rovidi'd 
 riK'htH iif 
 liiirtjt'M hnvii 
 Mpeciiil lien 
 not iiii|iairt'il, 
 
 ( 'omnany 
 piirt'lmsuil to 
 t'xiMt to ratify 
 rtttrefmeiit, 
 etc. 
 
 Diructors and 
 their [)owurN, 
 
 II. In the case of any such union as aforesaid the capital of ('ai-itaiof new 
 tlie company formed therehy shall he e(pi.J to the comhined '^''""i'''"y' 
 capitals of the companies united, and in the case of the t)ur- 
 chiise hy one company of the property and riglits of the other 
 eoiiipany, the purchasing comp-ny shall have full pow(n- to 
 nuivase the capital l)y the amount of the capital of the pur- 
 cliased company, and may raise the sum recpiircd to pay the 
 puiehaso-money agreed upon from such capital stock either 
 among themselves or hy the r.umission of new .sub.scrihers in 
 such manner as shall be provided hy by-laws to be passed for 
 the -^'ii-Dose, or under their borrowing powers or otherwise as 
 may ou agreed upon. 
 
 V2. That all tlie privileges, pow.'is, ri dits and franehi.ses All rights of 
 possessed or enjoyed l)y either of the .said companies uiuler 'heir ''"'^•' ''""''f- 
 respective acts of incorporation and amendment in force at the tT.'ew com "'' 
 time ot any .'uch agreement shall be continued to and po.sse.ssed ^""'y- 
 l»y the company formed by such union oi- purchase who may 
 use or exercise .the same as fu'ly as the company who imine- 
 <luitely before such union or purchase i)Os.sessed or enjoyed the 
 samo ; provided, that in case of inconsistent provisions in the, 
 charters of the two companies the agreement between the two 
 companies sh.dl define which shall continue to and le possessed 
 by the united or purchasing company. 
 
 III. In the case of the amalgamation of the ,^ id two com- Lssueof lou.l... 
 pames or ot the purchase by one of the property and ri<dits of 
 the othei- as hereby authorized, then the several powc'i-s and 
 l)rovisions hereinliefore contained as to the issue of bonds or de- 
 benture 
 
 u 
 
 it' 
 
 fm 
 
52 
 
 Cap. 4.S. HAMILTON AND NORTH WKSTI.HN KV. CO. 
 
 :^s V 
 
 benture stock by tlie tTcainiltoii iind Noitli Western Raihvuv 
 Company and tlu^ amount tlicieof sliall apply to tlie railway of 
 the Hamilton and Lake Erie Railway Company: Prov'ded. 
 that no bonds (if the amalgamated or purehasiny company nhall 
 be issued upon or in respect of the projierty or line of raihvay 
 of the Hamilton and Lake Erie Company until the bonds here- 
 tofore issued by that company shall have been redeemed, ex- 
 cept an issue of bonds for the purpose of such redemption. 
 
 liatifii'iitidii if 
 
 iiiiidli to l)f 
 
 HIeil in I'n 
 
 \i 
 
 taiv's Dtticc. 
 
 14. Upon the ratification by the shareholders of the two com- 
 panies of any such agreement for their amalgamation or for thi- 
 iici.ii "sccio- purchase by the one company of the property and rights of tip 
 other, a duplicate of such agreement shall bo filed in the ortiet- 
 of the Provincial Secretary, and shall be submitted to the 
 Lieutenant-Governor in Coinicil for his approval ; and upon tht- 
 same being so ap, roved, and a notice intimating such approval 
 being published in the Ontario Gazette, such amalgamation. oi 
 puichase sliall be taken to l>o fully complete and the said tw^ 
 companies shall thereafter be deemed to be one corporation, 
 under the name in such agreement mentioned ; and such filing 
 and the publication of such notice shall have the .same force 
 and effect as an Act of tlie Legislature confirming such agree- 
 ment would have. 
 
 A|ii'ruvid of 
 Lt-Go\ eriior 
 in Council. 
 
 ,1" ;; 1 
 
 illi 
 
 W 
 
 Existing 
 Hgreenients 
 between Ha- 
 milton .niul 
 N.W. R. ( !oy. 
 and iiiunii ipa- 
 H*ies wliiiih 
 lia •(' gianted 
 lioiiiises not 
 iiflc.tedliy 
 this Aft. 
 
 IS. Nothing in this Act contained .shall alter or contravene 
 the force and effect of any agreement heretofore made or en- 
 tered into and now existing between the said Hamilton and 
 North Western Railway Company and p y of the municipalitie>. 
 which have contributed byway (»f Itoiais towards the construc- 
 tion of said railway ; but said agreements .shall continue in all 
 respects to be and arc herel>y de(;lared binding upon said 
 Hamilton and North Western Railway Compan}', and u[)oii 
 any new company formed under this Act, by union, puichase 
 of property and rights, or otherwise, and which shall become 
 entitled to any advantage from or under any such agreement. 
 
 ANNO TRICESIMO NONO VICTORIyE RE- 
 
 GINyE. 
 
 (39 Vict.) 
 
 i> i' ij-i 
 
 III 
 
 iifflf 
 
 CAP. LXXII. 
 
 An Act further to amend the Acts relating to the 
 Hamilton and North Western Railway Company. 
 
 [Assented 
 
w 
 
 1870. HAMILTON' AND NORTH -WISTKHN KV. CO. C\p. 72. 53 
 
 [Assented to lO/A Fchniari/, 187G.] 
 
 \\rHKREAS u.Kli'ifclu; provisions contained in tlie Act of Preamble. 
 
 T tlie Pai-hainent ot tliis Piovinco, passed in the thirty- 
 eiglith year of Her Majesty's reign, chaptered forty-eight, the 
 Hamilton and North Westein Raiiwav (\)nipany and the 
 Hamilton and Lake Erie Railway ( 'oinpany have' united to- 
 gether as one company, under the name of 'the Hamilton an.l 
 .North Western Ri.ilway Company, and that company have 
 petitioned that such union amalgamation may be continued • 
 that by-hiw number eighty-wen of the City of Hamilton may 
 1)0 legalized, and t]io provisions thereof confirmed ; that th"!) 
 provisions relating to the borrowing powers of the company 
 may be further amended, and that certain other amendments 
 may be made b- the Acts relating to the company, and it is 
 expedient to grant the same : 
 
 Therefore Her Majestv, b^ and witli the advice and consent 
 of the Legislative Assembly of the Province of Ontario, enacts 
 3° lollows : 
 
 I The amalgamatirm of the Hamilton and North Western Conarmation 
 Railway Company and the Hamilton and Lake Erie Raiiwav of amalgama- 
 Company, under the agreement between those two companies Sn.'w.^iJ. 
 date<l the eloventV day of August, m the year of our Lord one t'"., with the 
 thousand eight hundred and seventy-five, and filed in the office r it^'^' "■'• 
 oi the Iroyineial Secretary and approved by the Lieutenant- " ' 
 Uoyernor 111 Council, is hereby daclared to be perfect and com- 
 plete according to the terms and provisions expressed and con- 
 tained in the said agreement, and it is hereby declared that the 
 several provisions of the Acts relating to the srAd two com- 
 panies respectively, and in force at the ' :- of the sa^d ac^ree- 
 ment. and by such agreement continued force, shall, subject 
 to the amend.uents in this Act contained, extend and apply to 
 he company formed by such union, and to the whole of the 
 mes ot railway authorized to be constructed under the Acts re- 
 lating to the said two companies respectively; and the Hamilton 
 and North Western Railway are hereby declared to have full 
 power and autjiority to lay out, construct and finish the whole 
 ot such lines of railway so authorized to be constructed, so far 
 as the same have not already been constructed ; and the time 
 for the completion of the said lines of railway is hereby ex- 
 tended to three years from the passing of this Act. 
 
 thf H.m,1u^'"'''°^TV""i.^^''';^T"*' P*S« 227, the following portions of 
 VniHT ^"'^oof;? ^"^ ^'"'^'^y ^^*« ^^^'•'^ '"'^de applicable to the 
 
 1?'.1''a \^- ^* ' ^* ^'•'*-' *=*P- *'' »««'• 15, p. 10, and 33 Vict, cap 
 
 *Jv, sec. 4", p, 5. ' * = 
 
 «. The by-lavv number eighty-seven, passed by the City of Hamiitou t,y- 
 namiiton, to aid the said company by subscribinir for shares in '** "''^'''s 
 
 •^ <= . company, aniJ 
 
 lU deuentuivH 
 
 ill 
 
54 
 
 Cap. 72. Hamilton and north-western ry. co. 
 
 39 Vic. 
 
 «;!! 
 
 in the capital stock of tlie said company, and for is.suin<,' (k-ben- 
 igsuedtheremi. tuius tlic'iefor aud tlic stipulatioiLs and conditions in sucli l>y. 
 der confirimd- ]j^^v contained, and all debentures issued or to be issued there- 
 under, are hereby declared to be legal and v'alid. 
 
 M.ij'or of 
 Hainiltou to 
 hf ce-officio 
 director. 
 
 3. In consideration of the said bj^-law number eighty-seven, 
 and of by-law number fifty-five passed by the said City of Hamil- 
 ton, granting aid to the said railway company', the Ma^or of the 
 City of Hamilton shall be ('x,-o(ficio a directoi- of the said com- 
 pany for all time to come, whether the City of Hamilton shall 
 hold stock in the said company or not. 
 
 m 
 
 38y.,c. -jy, 4 The second and thiixl sections of tlie Act passed in the 
 
 pi'.*47,'4m", rt- thirty-eighth year of Her Majesty's reign, chaptered forty-eight, 
 
 pealed. are hereby repealed, and it is heroliy declared that the pruvi- 
 
 sions of the fourth section of that Act shall apply to the bonds 
 
 authorized to be issued under the next three succeeding sections 
 
 of this Act. 
 
 Power to issue 
 bonds. 
 
 Eights of 
 bondholder 
 ■when interest 
 in arrear. 
 
 5. The directors of the said company, after the sanction of 
 the shareholders shall have been first obtained at any annual 
 general meeting or at any special general meeting to "be called 
 from time to time for such purpose, shall have power to issue 
 bonds of the said company for the purpose of raising money for 
 prosecuting the said und^-. '"'ing, and such bonds sliall, without 
 registration or LM-mal conveyance, be taken and considered to 
 be the hrst and preferential claim and cluirge upf)n tlie iinder- 
 taking and property of the company, real and personal, then 
 existing, and at any time thereafter ac(iuired, and each lioh'^r 
 of the said bonds shall bo deemed to be a mortgagee and encum- 
 brancer 'pro rata with all the other holders thereof upon the 
 undertaking and the property of the rompany as aforesaid ; and 
 the company may by by-law fix and define the amount or de- 
 nomination of such bonds, the time or times, and the place or 
 places for payment of the principal moneys thereof nd the 
 interest thereon and other particulars in reference thereto: 
 Provided, however, that the whole amount of such issue of 
 bon<ls shall not exceed in all the sum of seventeen thousand 
 dollars per mile, and that, except as to the bonds authorized to 
 be issued under the seventh section of this Act, the amount of 
 the l)onds issued at any one time shall not be in excess of the 
 amount actually expended in surveys, purchase of right of way, 
 and works of construction and ecpiipment upon the line of the 
 said railway, or material actually purchased, paid for and deliv- 
 ered to the company within the Provinces of Ontaiio or Quebec, 
 and certified by the chief engineer of the company, and that 
 the rate of interest thereon shall not exceed six per centum per 
 annum : And jjrovided also further, that in the event at any 
 time of the interest of the said bonds remaining unpaid and 
 owing, then at the next ensuing general annual nieetinii- of tl 
 
 le 
 
 said 
 
1870. 
 
 HAMILTON AND NORTH-WESTERN RY. CO. CAP. 72. 
 
 55 
 
 w 
 
 said coir'pany, all holders of bonds shall have and possess the 
 srtiDe I'inlits and privileges and (pialiHcations for directors, and 
 for voting, as are attached to sliareholders, provided that the 
 bonds and any ti-ansfers thereof shall have been first registered 
 in the same manner as is i)rovided for the registration of 
 shares; and it shall he the duty of the secretary of the companv 
 to register the same oti being re(|uired to do so by any holder 
 thereof.* 
 
 6. And whereas the provisions of the sixth and seventh c.tli an<l 7tli 
 clauses of the deed of amalgamation as to the sale and disposal '''•"Y'''}"^ *''*' 
 of tlu; bonds of the company and the application of the pro- L''>"iati<)n?p.' 
 oeeds thei'eof, and of the other assets of this company cannot be --''' '■•^'I'^^^-iled. 
 conveniently worked out, be it therefore enacted tli."it the sixth 
 
 and seventh clauses of tlie saiil deed be and they hei-eby are 
 repealed and declared to be of no force Or e fleet : Provided Proviso, 
 always that nothing herein contained shall aH'ect the res^.onsi- 
 l)ility of this company for all the liabilities of the two I'espec- 
 tive companies as provided for in the ninth section of the said 
 Act passed^ in the thirty -eighth year of Her Majesty's reign, 
 chaptered forty-eight, (page 50). 
 
 7. And whereas it is necessary to limit and define the amount 
 of lionds to bo i.ssued in respect of tliat portion of the railway 
 extending from Jarvis to Georgetown, and the use and appli- 
 cation which may be made thereof; 
 
 Be it therefoiv enacteil, that the comj)any be and they hereby Tssuf of bonds 
 ai\' authorized to issue, in respect of the portion of their rail- UHl'^'lrtif, *", 
 way from Jarvis to Georgetown, ])onds to tla' ainount of one m'iKvay be" '"' 
 million one hundred and iive thousand dollars, which shall be t"-."n Jarvis 
 and be deemed and taken to be a portion of the bonds at the t'w.I."'"'"^'*" 
 rate of seventeen thousand dollars per mile, authorized to be 
 issued under tlie fifth section ; and that such bonds to the 
 amount of one million one hundred and five thousand dollars 
 may be issued forthwith, witliout the sanction of the share- 
 holders or the other requisites in the fifth section mentioned ; 
 and of such amount bonds to the amount of eight hundred and' 
 five thousand dollars shall, so far as they may l7e requited tliore 
 for, be used and applied in the first place" for the purnoy of 
 redemption of, or substitution for the b(mds of the Ila.v.liton 
 and I.ake Erie Railway Com|)any, to the amount of one hundred 
 and seventy thousand pounds sterling heretofore issued, and 
 then, in or towards the payment of the indebtedness of the 
 Hamilton and Lake Krie Railway Company to certain other 
 pei-sons in said deed of amalgamation mentioned ; and that the 
 residue of such bonds being to the amount of three hundred 
 thousand dollars shall be used and applied in or towards the 
 
 construction 
 
 * In lieu of the power to issue bonds conferred by this section, provi- 
 sion 13 made by 41 Vict.., cap. 48, sec. 1, for the issue of other'bonds. 
 !5ee page 05. See also as to bonds, 42 Vict., cap. (50, pa<'e 74, and 44 
 Vicf.., cap. 06, page 75. 
 
56 Cap. 72. hamiltox and Nouni-WKSTKUN ky. co. 39 Vic. 
 
 construction of tlie line of tlic saiil railwa}^ from tlic City of 
 Hamilton to Georgetown aforesaid, and for no other purpose, 
 ratably as the woik thereon progresses. 
 
 Muiiiiipalitits ^ ^^y municipality through which the said railway may 
 lands for ii!,'lit ]>ass IS cmj)owere(i to grant by way or gift to tlu^ said company 
 ofway, stii- any lands belonging to such naniicipality which may be re- 
 qun-ed tor right oi way, ^statlon grounds or other ])ur])oses con- 
 nected with the running or traffic of the said railway, and the 
 said railway company shall have power to aceei)t gifts of land 
 from any CJovcrnnient or any person or any body politic or 
 corporate, and shall have power to sell or otherwise disjtose of 
 the same for the benefit of the said cnmpanv. 
 
 , ! : I ; 
 
 m 
 
 m '■■'■W-VW. 
 
 Layiiifjrail 9. It .shall and may be lawful for any municipality through 
 
 higLvTys7 "" which the said railway passes, and having juiisdiction in the 
 premises, to pass a by-law or by-laws empowering the .said 
 company to make their roads and lay their rails along any of 
 the highways within such municipality, and whether or no. 
 the same be in the possession or under the control of any joint 
 stock company ; and if such be either in the pos.se.ssion or under 
 the control of any joint stock company, then with the assent of 
 such company, and it shall and may be lawful for the .said 
 company to enter into and perform any such agreement as 
 they may from time to time deem expedient with any munici- 
 jiality, corporation or person for the construction or for the 
 maintenance and repair of gravel or other public roads leading 
 to the said Railway. 
 
 Telcgrai)li 
 lines. 
 
 •Al v., c. 44, 
 p. 9, p 4(). 
 amended. 
 
 10. For the purpose of constructing, working and protecting 
 the telegraph lines to be constructed by the said company on 
 their line of railway, the powers conferred on Telegraph Com- 
 panies by the Act respecting Electric Telegraiih Companies are 
 hereby conferred upon the said company, and the other pro- 
 visions of the .said Act for the working and protection of tele- 
 graph lines shall apply to any such telegraph lines constructed 
 l>y the sai(^ compaii}'. 
 
 11. The ninth section of the Act passed in the thirty -seventh 
 year of Her Majesty's reign, chaptered forty-four, intituled 
 " An Act further to amend the Act inco^Dorating the Hamilton 
 and North Western Raihvay Company," shall be and the same 
 is hereby amended by adding the following words : " and incase 
 of any such deviation being sanctioned or determined upon by 
 the said arbitrators, such compensation shall be awarded to any 
 such municipality or minor municipality as the said arbitrators 
 shall deem reasonable and proper, and such compensation .shall 
 be paid over by the said company to such municipality or minor 
 municipality before the said company shall proceed, or be per- 
 mitted to proceed, with the construction of any portion of i,uch 
 
 devintinn " 
 
 la. 
 
ISTG. 
 
 HAMIi.TON AND NORTH VVESTKUN UY M). CaP. 72. 
 
 57 
 
 13, Notwithstanding anythinjr eontiiined in tlii.s or any other Agieements 
 Alt relating to the said company, all agroennints licretofore |\«tween the 
 iiiaile or entered into between the Hamilton and North West- and'mumci- 
 ,rii Ilailway Company and any municipality which has granted i>i*litie« grant- 
 a lionus or which forms a portion of a county munici[»ality, or confinnedr 
 -L'ction of a municipality which has granted a bonus to aid the 
 -aid railway or the con ^truction thereof, shall be and are here- 
 by declared to be legal and binding, and the terms, condi- 
 tions, sti|)ulations and provisions thereof shall not be in any 
 svay altered or effected by tbi«5 or any other such Act, except 
 -0 iar as the same may be affected by the ninth section* of the 
 -aid Act passed in the thirty-seventh yeai' of Her Majesty's reign, 
 .liaptered forty-four, as amended by the eleventh section of 
 tlii'< Act. 
 
 
 Itt. The trustees holding the debentures of the comity of Tnisttos to 
 Siiiicoe be (sif) ami they hereby are authorized and reouired, out ""■'^'^ certain 
 
 if the interest on such debentures, come, or whii^'h may come into Cwnty «!f " 
 their hands, to pay to the Corporation of the (Jounty of Simcoe ^»mcoe. 
 a sum of money at the rate of eighteen thousand dollars per 
 aniuuu, from the first day of January, one thousand eifrht hun- 
 
 Ired and seventy -six, up to the time at which the works of con- 
 struction of the said railway shall have been continued up to 
 and within the confines of the County of Simcoe, and thence- 
 forward canied on witliin the said county continuously ; and ' 
 further, that if the contintious prosecution of the work within 
 the County of Simcoe be not hnwi fide carried on, that a sum 
 of money to be computed at a like rate of eighteen thousand 
 dollars per annum for the i)eriod during which the said work 
 is not continuously prosecuted, shall be paid by the trustees to 
 the Corporation of the County of Simcoe, and any sum or sums 
 of money which may be paid by the said trustees to the Corpo- 
 ration of the County of Simcoe under the provisions of this 
 M'Ction, shall be paid over by the said county to the several 
 municipalities forming the group in the County of Simcoe 
 granting such bonus in the proportion that they respectively 
 nmtribute to such bonus: in case of difference between the 
 company and the Municipal Council of the County of Simcoe 
 ;is to the question of bona fide commencement or continuance 
 
 if the works of the said railway within the County of Simcoe, 
 tlie representatives in the County Council of Simcoe of the seve- 
 ral municipalities forming the group and the railway company 
 respectively shall each appoint an arbitrator, and such two 
 arbitrators and some third person whom they may appoint, or 
 a majority of them, shall finally determine the matter ; in the 
 event of default in the appointment of an arbitrator by either 
 of such parties after two weeks' written notice by the other 
 party to make such appointment, then such other party may 
 apply to the Judge of the County Court of the County of Sim- 
 coe, who shall appoint an arbitrator on the part of the party 
 
 _____ '^ 
 
 * Page 4G. 
 
r 
 
 %'. 
 
 
 
 
 ' \ .. 
 
 
 
 
 r . 
 
 58 
 
 ' 
 
 \ i 
 
 ■ ' ! 
 
 
 > 
 
 . 
 
 
 
 !■■: 
 
 Cap. 72, hamiltox and nortii-westkrx ry. co. 40 \'u\ 
 
 in (lefiuilt, and the person so appointed sliall liave the same 
 rights and poweis as if lit' liad l^een ai)pointed by tlie p.rty so 
 in default : and it is liereby <leclared that any siuns of nionev 
 wliich may be paid by the trustees umlerthe provisions of this 
 section in respect of any ])ei-iod of time after tlie first day of 
 July, one tliousand eight hun(h'ed and seventy-seven, shall br 
 deemed and taken to be on account and indischaige pro taiih: 
 of any mone^ys which the company may be or becoine liabl." t ■ 
 pay under their agreement with the Corporation of the Countv 
 of Simcoe in respect of siicli I'eiiod. 
 
 By 40 Vict., cap. 70, sec. 15, page M, diH'eront provi.siV.n is mark' as to 
 how the amount payable by tlie trustees to the County of Simcoe is to be 
 arrived at instead of being at the rate of eighteen thousand dollar.s per 
 annum. ' 
 
 ANNO gUADRAai^:SLMO VICTORI/E liEGIN.K. 
 
 (40 Vict.) 
 
 CAP. LXXVI. 
 
 An Act relating to The Hamilto?! and North Western 
 Railway Company. 
 
 [AsseiiUd io 2)td March, 1S77.J 
 
 Peamble. Tl/'HEREAS the Hamilton and Novtli Western Railwav 
 V V Company liave applied for the confirmation of an 
 
 agreement with the Township of Innisfil, and certain altera- 
 tions in theby-laws of the City of Hamilton and Countv of 
 Simcoe, aiding tlie said company, and for certain amendm'ents 
 to their Acts ; and whereas it is de.sirab'e to grant tlie pra\ei 
 of the .said petition ; 
 
 Therefore, Her Majesty, by and with the advice and coiistmt 
 of the Legislative Assembly of tlie Province of Ontario, enacts 
 as follows : 
 
 tm'enT^m'''' v '' ^i' agreement bearing date the twenty-eighth day of 
 i.any and November, m t)-,e year of ou- Lord one thousand eight hundred 
 Township of and seventy-six Potween the said comi)any of the first nart 
 Inmsfil legal- ^..^ the Corpor..uoii of the Township of Innisfil, of the second' 
 part, having inference to the by-law of the said township 
 granting aid to the s;iid C)mpany, is liereby declared to be 
 good, valid, and etiectuu], and binding upon the parties thereto 
 respectively. 
 
 1S77. 
 
 3. Th( 
 
 ( 'ount \ c 
 Simcoe, i 
 said com 
 sliall for 
 lovii'd or 
 be divide 
 Townshi) 
 that port 
 coiice.ssio 
 which is 
 other .see 
 portions i 
 the Tow 
 herein ca 
 
 3. In <■ 
 
 palitie.s ( 
 Adjala sli 
 extent an 
 held in tl 
 coutribut 
 the .said 1 
 half to til 
 or to be h 
 .•md this 2 
 
 4. The 
 
 Uy the sa; 
 sections, i 
 sand dolh 
 thirty the 
 well in rei 
 fore levie( 
 and rates 
 thereunde 
 levied ixiu 
 
 .1. The 
 
 sections i 
 by the sai 
 lected by 
 ci-edii of t 
 Treasurer 
 " The Hai 
 Account f 
 North- Wt 
 lingwood 
 may herej 
 portions c 
 or from th 
 
LS77. 
 
 HAMILTON AND NORTH- WESTERN RY. CO. CaP. 7G. 
 
 )J> 
 
 3. The_ municipalities forming the group or portion of tho f;,ou,.e.i nm- 
 ( 'ounty of .^imcoe, mentioned in the by-law of the County of iji'-'i'iiHtiM of 
 Simcoe, number two hundred and tweilty, granting aid to the r„'~ctiS'* 
 said company to the extent of three hundred thousand dollars, 
 shall for the purposes of the said by-law, and for the rate 
 levied or inipos(>d thereby, and of the rate by this Act imposed, 
 be divided into two sections, one section to "be comi)osed of the 
 Townships of West Gwillimbury, Tecumseth, and Vespra, and 
 that portion of the Township of Essa lying east of the sixth 
 coiiression of the said township, and of the Town of Barrie, 
 which is liereinafter called the " Main Line Section," and the 
 <ithey section to be composed of the remaining townsliips and 
 portions of townships and the Town of Collingwood, except 
 the Township of Adjala, mentioned in the saTd by-law, and 
 herein called "The Collingwood Branch Section." 
 
 :i. In ad^- :<m to the municipalities an<l portions of munici- T,.wnshi,M,f 
 paliti(!s CGiiiposing each of such sections, the Township of ^^''J''!" t'* i.e- 
 Adjala shall be held to belong to each of such .sections to the !ectiouV"'*'' 
 extent and with the intent that the said township shall be 
 held in the past to have contributed, and in the future liable to 
 contribute one half of the amount levied or to be levied under 
 the said by-law, or this Act, to tlie main line section, and one 
 half to the (Collingwood branch section, and the amount levied 
 or to be levied on the said township, under the said by-law 
 and this Act, shall be apportioned and applied accordingly. 
 
 4. The said bonus of three hundred thousand dollars granted Tiiehonushow 
 by the said by-law shall be borne and paid by the said two lectio,,'*^ ''''""''' 
 sections, in the proportions of one hundred and seventy thou- '*''' '*'"' 
 sand dollars for the main line section, and one hundred and 
 thirty thousand dollars for the Collingwood branch section, as 
 well in respect of ail the taxes and rates which have been hereto- 
 fore levied and collected under the said b^'-law, as of all taxes 
 and rates which should or might have been leviedand collected 
 thereunder, and of all taxes and rates which may hereafter be 
 levied and collected under the said by-law^ or this Act. 
 
 •>. The taxes heretofore collected, paid or payable upon the Taxes &c to 
 sections respectively, together with the assessnients and rates '"^ kept in" 
 by the said by-law imposed and hereafter to be levied and col- colmtstrench 
 lected by virtue thereof, or of this Act, shall be carried to the secti.,n. 
 credit of two separate accounts, to be opened and kept by the 
 Treasurer of the County of Simcoe, to be called respectively 
 " The Hamilton and North Western Railway Sinking- Fund 
 A.ccount for the Main Line Section" and " The Hamifton and 
 North-Western Railway Sinking Fund Account for the Col- 
 lingwood Branch Section" according as the same have been or 
 may hereafter be c< Hceted or levied from the muiiici[)alties or 
 portions of munici iities forming "The Main Line Section," 
 or from those forming " The Collingwood Branch Section ;" and 
 
 for 
 
 i 
 ] 
 
 ! ■ 
 
 if • ^1 
 
60 Cap. 7G. Hamilton and xouth-wkstkun lui. co. 40 Vic. 
 
 for the purpose cf the sai.l accountM, the sai.l treasurer is, in 
 respect of the moneys heretofore collected from the saul 1 own- 
 ships of Adiala and" Kssa, to credit tlie said account tor ii.e 
 Main Line Section," with one half of the moneys received 
 from the said Township of Adjala, and two-thirds ot the mo- 
 neys received from the said Township of Essa, and the residue ot 
 the moneys received from the said townships res[.ectively, to 
 the account of the Collingwood branch section. 
 
 TniHtees t<. «. The trustees for the time being, of the said bonus shall, 
 
 kuep Hej.arato jj^ respect of the moneys already received by them in payment 
 accounts. ^^ liquidation of the dcbentui-es of the said county, issued 
 under the said by-hnv, and of the interest th(,'reon, open and 
 keep two aceoiuits under the like or similar designations and 
 uixju the certificate under the hands of the warden and trea- 
 surer of the said county, of ^he amount or proportion of the 
 money which has been so received by them applicable to the 
 said accounts res])ectively they shall credit each of the said ac- 
 counts with the appropriate amounts so certified to them under 
 the hands of the said warden and treasurer, and the said trus- 
 tees shall thereupon make up an aci-ount of the moneys so 
 credited in the main line section account, which have been re- 
 ceived in payment or i>art payment of the principal of (deben- 
 tures, and siiall deduct such amount from the said sum of one 
 hundred and seventy thousand dollars, and shall make up a 
 like account of the moneys so credited in the Collingwood 
 branch section acc(>';nt wliich have been received in i)ayment 
 or part payment ot the principal of debentures, and shall de- 
 duct such amount from the said sum of one hundred and thirty 
 thousand dollars, and the respective balances thus shown shall 
 be and are hereby declared to be the amounts of the debentures 
 issued under the said by-law yet remaining to be p;ud by " The 
 Main Line Section " aiid " The Collingwood Branch Section " 
 respectively. 
 
 LS77. 
 
 Trustees to 
 reserve deben- 
 tures to ail 
 iimount 
 sufficient to 
 make up the 
 unpaid princi 
 
 }.nvl of tlie 
 jonus to 
 main line. 
 
 7. The said trustees and the Treasurer of the said County of 
 Simcoe shall thereupon select from the said debentures yet to 
 mature, a sufficient number and amount thereof computed at 
 their principal amounts to make up the jirincipal sum so found 
 to be remaining unpaid of the said sum of one hundied and 
 seventy thousand dollars, and the debentures so selected shall 
 be taken from the debentures falling due in each and every 
 year under the said by-law as nearly as may be in the same 
 proportion as the debentures issued under the said by-law 
 would mature accoi-ding to the terms thereof, and such deben- 
 tures and the coupons thereto attached, shall,' as between the 
 several municipalities cotnjirised in the said group be charge- 
 able against and be payable out of the rate imposed and to be 
 levied by the said by-law on the municipalities or portions of 
 municipalities composing the main line section, and not on any 
 
 other 
 
HI 
 
 1>S77. 
 
 HAMILTON AND NORTH-WKSTKUN UY. CO. CaP. 7G. 
 
 61 
 
 to 
 
 otlitT ])art or ])()ition of tlic said <,n-oup cxcopt as respects the 
 Townsliip of A<ljal!i a:s heioinafter provided. 
 
 H Tho warden of t]ie said county is lioreltv required forth- Ismie.if now 
 -with to nuikeand issue debentures of the said' county of a like •'•^btntureH. 
 amount witli tlie debentures heretofore issued under tlie said 
 liydaw, and reiuauiin<f in tht; liands of the sai<l trustees 
 after such selec-tion, and sucli dohentunvs sliall bc^ in sums of 
 not less than one Innwhed d(;liars each, and shall be sealed 
 with the corponite seal of the Corporation of the County of 
 SiiiK'oe, and be sinned by the warden and countersi<rned by the 
 'I'rcasurer of the sai;i county, mid upon such new debentures 
 ben 1^' delivered to the said trustees, they shall give up to the 
 said Treasurer the debentures issued under the said by-law so 
 nninininif in their hands after such selection, and the same 
 shall be thcreujion cancelled. 
 
 ». Such new debentures shall be made payable at the office When and 
 ot the iJank of Toronto, in the Town of Barrie, in -uniual in- '>"w P'^va'-'^'. 
 -tahnents at such times and in such amounts as mav be agreed 
 upon and determined by the said trustees and the said^trea- 
 suivr, but so that the equal special rate hereinafter imposed, 
 shall be sufKcient accoirling to the assessment I'oU of the year 
 one thousand eight hundred and seventy-seven to meet and 
 ]<;\y such debentures, with the interest tliereon, at the rate of 
 MX per cent, per annum, but the tirst matuiing of such deben- 
 tures shall be payable on the first day of January one thousand 
 »)ght hundred and eighty, and not before, and the other deben- 
 tures shall be payable on the tirst day of January in the then 
 next succeeding years, and no interest shall be computed upon, 
 or be made payable with, the said debentures, except from the 
 tirst day of January one thousand eight hundred and seventy- 
 eight, and thereafter the interest shall be payable on the first 
 day of January and July in each year, at the office of the Bank 
 of Toronto aforesaid. 
 
 10. For the purpose of forming a fund for the payment of Payment of 
 the interest on the said new debentures, to fall due in the year '^n^^^^^^"' 
 one thousand eight hundred and seventy-eight, a sufficient rate 
 m addition to all other rates, shall in that year t.e raised, levied, 
 and collected, upon all the rateable property within the'section 
 of the said county above defined, and called the Collingwood 
 Branch Section, if the company shall have bona fiAe commenced 
 and carried on the construction of the branch 'line to Colling- 
 wood before the first day of June, one thousand eight hundred 
 ami seventy-eight, but if the said company shall not have bona 
 Jide commenced and carried on the constr'uction of such branch 
 before such last-mentioned day, then no rate shall be raised, 
 •nor shall any interest on such debentmes be paid for the year 
 <jne thousand eight hundred and seventy-eight. After the 'year 
 one thousand eight hundred and seven r'v -eight and duriuff the 
 
 continuance 
 
•? 
 
 02 
 
 Cap. 70. irAMii/ntx and xouth-wkstern uy. co. 
 
 40 Vic 
 
 is:' 
 
 liylaw Nil. 
 220 Icgdlizfi 
 ill ci'i'tiiiii 
 liaiticuliirs, 
 
 contimianco of .such new debentures, or any of thein, an oqunl 
 .spec'i.il lati' of tliroe and a liidf mills on the dollar sliall, in ad- 
 dition to all other lates, ho raisevl, levinl, and collected in •■aeli 
 year, upon all rat('al)le property comprised in tlie section of the 
 county ahove delined, and called the ('ol!inj,'\vood Branch 
 Section. 
 
 II. The .said l)y-la\v, nnndier two hundred and twenty, is 
 hereby declared to be i,'ood, valid, and eti'ectual, and in lull 
 force and etl'ect for all purposes, exc, pt that from and after thr 
 delivery of such new or substituted debentures, no rate shall be 
 levied thereundci- f(ir oi' in respect of that portion of the dt'lieii- 
 tures issueil theieunder, in place of which such new del»entures 
 are by this Act to be issued ; and as to so much of such by- 
 law as provides for levyin<^ a rate upon the (.'ollin^vvood branch 
 section, the same is hereby thencefoilh vacated and declareil to 
 be of no further foj'ce or effect, but nothiiiff in this A<'t con- 
 tained shall in any way alter or affect the terms or conditions 
 of any a<,n'e(!iiients heretofore entered into between the said 
 company and the County of Simcoe, or any of the municii)ali- 
 ties comprised in the group in said by-law mentioned, except 
 only in so far as the same may bo inconsistent with the provis- 
 ions of this Act. 
 
 R.ate to be 
 levied in 
 Adjala. , 
 
 l[(>\v .apiilietl. 
 
 12. It is hereby declared that the rate to be levied hence- 
 forth on the Township of Adjala, under the said by-law num- 
 ber two hundred and twenty, is and shall be one-ludf of the 
 rate imposed by the said by-law; and the amount so levieil 
 shall be carried to the credit of the main line secti(m account; 
 and the rate to be levied on the said Township of Adjala umler 
 this Act is and shall be mie-half of the rate imposed by this 
 Act; and the amount .•-o levied under this Act shall 1)0 carried 
 to the credit of the Collinjiwood branch section account. 
 
 Simcoe bonus. 
 
 Company to HI. Notwitlistamling the terms and conditions of the said 
 leceh?'^'^ *" ^y-la^^' luimber two hundred and twenty of the County of 8im- 
 s]70,ooo of coe, or anything herein contained, the said comjjany are hereby 
 *'''^*'""V*^."^ dt",lared to be entitled to demand and receive one hundred and 
 seventy thousand dollars of the said bonus, given i»y the said 
 by-law, being the proportion thereof applicable to tlie portion 
 of the company's line from the point at which it will enter the 
 County of Simcoe to the Town of Barrie, herein called the 
 main line, and the trustees thereof are authorized and required 
 to pay the same on the terms and in the same manner men- 
 tioned in said by-law, and any agreements relating thereto, Imt 
 subject to the variations thereof herein containeil, that is to 
 say, the proportion aforesaid may and .shall be paid over by the 
 said trustees to the said company in respect to the main line, 
 for work actually done, and materials therefor provided within 
 the County of Simcoe, in the proportion that such proi)ortion 
 of the bonus bears to the contract price for construction and 
 
 completion 
 
18:7. 
 
 HAMILTON AND NOUTH-WKSTEllN UY. CO. CaI'. 70. 
 
 68 
 
 tifi 
 
 c'oiiii)letion of tlic main line, and such piiynients kIiuU Ik- niiide 
 from time to time, on the monthly certificate of the en<fiiieer, 
 isliowiti;^' tlio vahit' of such work anil materials dono and pro- 
 vided during the preceding.,' month, and the proportion the 
 same bears to the whole of such contract price, up to the time 
 f)f tlie arrival at Montreal of a sufliciont ([uantity of rails aiul 
 fastenings, necessary an<l requisite for the due and proper com- 
 pletion of such portion, and tlien so much of sucli portion of 
 tiu' lionns as may remain in the hands of the trustees unex- 
 pended shall he paid over by them to the said company on their 
 applyini^f for and retpiirinjf the same, and upon delivery to the 
 said trustees of the bills of lading,' for such rails and fas* 'lings 
 free and clear of any claim thereon ; and the said trust cs shall 
 hold such rails and fjistenings by way of security for the sum 
 paid by them to the company on such delivery and in trust to 
 sutler and permit the said conijany to trans]iort the same to 
 their line of railway, and lay tlie same on such main line; and 
 on such rails being laid thereon the said trustees shall be taken 
 to l>e relies ed and discharged fnau all trusts in respect of such 
 |iortion f)f the bonus: Provided ahva} -, that said com]»any rrovW 
 shall not be entitled to re([uire payment of the unexpended 
 poition of such bonus on the arrival of such rails and fasten- 
 ings, unless the work of giading on the said main line shall 
 have been carried on up to that time to the satisfaetion of the 
 County Council of the County of Simcoe, nor until the said 
 county council in council duly assembled agrees thereto, who 
 it is understood are to have and exercise a fret> discretion in the 
 said matter ; And provided further, tliat if the said company 
 shall not be entitled under the preceding pioviso to the then 
 unexpended portion of such bonus, or shall not reipiire or re- 
 ceive the same, they shall nevertheless c^.itinue to receive the 
 same in the pro[)ortion hereinbefoie mentioned, on the certifi- 
 cate of the engineer from time to time, and shall receive the 
 balance thereof on the n^ain line being inspected and passed by 
 the government engineer, as entitled to the aid granted by 
 the Government of the Province of Ontario : And further, tliat Proviso, 
 the residue of !such bonus, being the amount of one hundred 
 and thirty thousand dollars, applicable to the branch of the 
 company's line from a point on the main line in the Township 
 of Tecumseth, to the Town of Collingwood, herein called the 
 branch line, shall be paid over by the said trustees to the said 
 comi)any in respect of such branch line, for work actually 
 done, and matarials therefor provided within the County of 
 8imcoe, in the proportion that the boiuis of one Imndred and 
 thirty thousand dollar's bears to the contract ])rice for the 
 construction and completion of such branch line and that 
 such ])aynients be made from time to time on the monthly 
 certificate of the engineer showing the value of sucii work and 
 materials done and provided during the preceding month, 
 and the proportion the same bears to the whole of such 
 contract price with the right to the company, on the arrival 
 
 at 
 
 i-4 
 
64 
 
 (.'AP. 7U. HAM[(;n».N and NORTH-WKSTKHN HV. CO. 
 
 41) Vrc 
 
 the Siliifoi' 
 
 Diffi'reiicesl)f • 
 tween trUHtei'o. 
 
 at Montreal of a siitticu'iit i|naiitity of rails and fastenings le- 
 quisiti' and necessary for the oonipl<'tion of .such Itraneli line 
 to re(|uire and receive so much ot" such bonus as sha.i he 
 then unexpended on the delivery of tl'(> liills of ladinjif for 
 such rails and fastenings to the trustees, in iikt; manner as hero- 
 inliefore provided in respect of the main line; antl the like 
 tejins, conditions and provisres as hereiid)efore cop Ined in 
 respect of the m:iin line, shall api)ly to such hranch line ana 
 the portion of the honus tlierefor, and the rails and fastenings 
 for the same, as fully as if they were repeated lienin with, 
 such alterations as to make them iipplicaltle to sueli branch 
 line. 
 
 :;.j V. o. ')'>,>'. 14. The provisions of the twenty-fourth .section of th(; Act 
 •JJ, p. ;<7, iK.t passed in the thirty-tifth year of Her Majesty's reiyn, chaptered 
 tlletnistei'H of Hfty-five, shall not apply to the trustees for the time being of 
 the honus ^ranted l»y the (.'ounty of Simcoe under the said by- 
 law ; but if the three trustees shall fail to concur in any ae^ 
 within the scope of the powers vested in tliem, then and .so of- 
 ten as they sliall so fail to concui-, the point or matter iiv differ- 
 ence between the three trustees shall be .,'ibmitted to and be 
 determined by the Judi,'e or Junior Judge of the County Court 
 of the County of Simcoe, who, consenting thereto, is hereby 
 appointed arbitrator to adjudge and determine .such point oi 
 matter in difference, and his award or certificate on the point 
 or matter submitted if made within twenty days from the 
 time of the same being .so s- bmitted, shall be binding u[ion all 
 parties, and all three trustees shall concur in any and every 
 act necessary to carry the same into effect ; but unless such 
 Judge or Junior Judge shall make such award or certificate 
 within the time aforesaid, then the act of any two of such 
 trustees shall be as valid and binding as if the three had agieed : 
 Provided always, that the Judge may, if in his opinion neces- 
 sary, from time to time further enlarge the time for making 
 his award or certificate in respect of such matter or matters. 
 
 3!t\.c. 72. .'.. is. Nothing lierein contained shall affect the provisions of 
 affectell!' ^'^'^ thirteenth section of the Act relating to the said company- 
 passed in the thirty-ninth year of Her Majesty's reign, chaptered 
 seventy-two, except that the amount which shall be payable 
 by the trustees to the Corporation of the County of Simcoe, in- 
 stead of being at the rate of eighteen thousand dollars per an- 
 num shall be imived at as follows: — As to the main line sec- 
 tion and the proportion of the said bonus applicable thereto — 
 the amount which shall be payable shall be at the rate of an 
 amount equal to six per centum per annum on the sum of one 
 hundred and seventy thousand dollars, or on so much of such 
 bonus of one hundred and seventy thousand dollars as shall be 
 unexpended at the time such amount shall be payable, and any 
 ■sums which may be paid by the said trustees to the Corpora- 
 tion of the County of Simcoe in respect thereof sliall be paid 
 
 over 
 
inl 
 
 1>U I. 
 
 HAMII.IOM AN1> N()UTH-\VI:HTKHN UY. CO, ('ai». 70. 
 
 Or» 
 
 o'or liy till! sni.l comity to tlif sovcnil nmnicipalitios formlnir 
 Ml. iiiain lint! section ..ml inJiniin^f the Townsliip >*' Adjaiii. in 
 thii proportions tb.ot tlicy r'-spoctively contriSuto to tlie bonus of 
 ■ me lnHnlrt!(l and seventy tliousainl tlollai's ; nwd as to Miti Col- 
 liiifjwood braiijli section, and the |>roporti( n ottlio bonii" appii- 
 cnble tlicreto, the unK)unt whicli shall be payalile shall be at 
 the rate of an amount (Mpial to six per centnii per ainuini on 
 tlu! Sinn oi' one hundred and thirty th<iusand (hdlars, oi' on so 
 iiiiich ot" such bonus otonc; hundred and thirty thousand dol- 
 lars as sliall bo unexpended at the time such amount shall be 
 payable ; and any sums wliidt may be pai<l by the said trustees 
 to the Corporation of the County oi Simcoe in respect thereto 
 sliall be paid over by the said county to the said municipali- 
 ties forminuf the Colliniifvvood biuneh section and includln;^- the 
 Township of Adjala, in the propoitions that they respectively 
 contribute to the bonus of one hundred and thirty thousand 
 dollars; but no suiu shall be payable in respect of the saiil bo- 
 nus of one hundrcid and thirty thousand do''ars except in re- 
 spect of the period durin«>' which interest oi t.he debentures to 
 he issued for the Collinj^fwood branch section becomes payablo 
 under this Act. 
 
 10. The trustees lioldinj;' the debentures of the Town of ('ol- TrusU-es to i.»y 
 wood issued under the by 'aw in aid cf the saul company he, ^,*^'"^[^'|*^j|^. 
 (sic) and they hereby are authorized and required out of the to ti<e town .'.f 
 interest on such debentures come or which may come to their |,^^j,''^'^^|j""'' 
 hands, to pay to the Corporation of the Town of CoUinj^jwood inenctMnunt of 
 a sum of n>oney at the rate of six hundred and ninety dollars ', V'i''""*'i 
 per annum trom tiie nr.st day or January one thousand eij^ht 
 hundre<l and seventy-six up to the time at whicli the works of 
 construction on the Collinnu'ood branch of the said railway 
 shall have been commenced and thenceforward carried on con- 
 tinuously ; and i ■Hher, that if the continuous prosecution of 
 the works on the said branch be not bona fide carried on, that 
 a sum of money to be computed at a like rate of six hundred 
 and ninety dollars per annum for the period during; which the 
 said work is not continuously prosecuted shall be paid by the 
 trustees to the Coi'poration of the Town of CoUingwood. In 
 case of any difierence between the C*ompany and the Munici- 
 pal Council of the Town of CoUingwood as to the question of 
 bona fide commencement or continuance of the work on such 
 branch, the same shall be determined by arbitrators chosen by 
 the .said company and the Municipal Council of the Town of 
 CoUingwood respectively, and such arbitration proceedings .shall 
 be as nearly as may be in the manner provided in the thirteenth 
 section of the Act passed in the thirty-ninth year of the reign 
 of Her Majesty Queen Victoria, and chaptered seventy-two (a). 
 
 17. The j)aragraph or condition in by-law number eighty- j;'fy*"^ ^^"^ _ 
 seven, passed by the City of Hamilton to aid the said company, of^Hamiiton' ' 
 numbered fifteen, shall be, and the same hereby is repealed rti'^ale'l. 
 and annulled (6j. 
 
 («) Pa^'e 57. {h) Page 204. " 
 
66 
 
 Cap. 48. Hamilton and nouth-wkstkrn uy. co. 41 Vic. 
 
 ANNO QUADRAGESIMO PRIMO VICTORI/E REGINJi. 
 
 (41 Vict.) 
 
 CAP. XLVIII. 
 
 An Act relating to the Hamilton and North Western 
 
 Railway Company. 
 
 • [Assented to 7th March, 187S.] 
 
 rrt-amble. ^TTHEREAS the HaiJiilton Rn«^ North -Western Railway 
 V V Company have, under the provisions of the Act passed 
 in the tliirty-ninth year of Her Majesty's reign, chaptin-ed 
 seventy -two, issued bonds of tlie said company to the amount 
 of one million and one hundred and five tliousand dollars, in 
 respect of trie portion of their railway from Jarvis to George- 
 town ; and, whereas the compiuiy have also constructed th(; 
 portions of their lailway from Jarvis to Port Dover and from 
 Georgetown to Barrie respectively, and their (Jollingwood sec- 
 tion to Glencairn, anil are aboui, to construct sucli section to 
 Collingwood, being in addition to the portion from Jarvis to 
 Georgetown, about one hurdred and ten miles of railway, and 
 are entitled to issue, ?" aspect of such one hundi'cd and ten 
 miles, bonds to the amount of one million eight hundred and 
 seventy thousand dollars, Iteing at the rate of seventeen thousand 
 dollars per mile, authorized by such last mentioned Act, and 
 have issued a ])art of such bonds, and the whole of such bond.« 
 a'"e disposed of undo- the contract for construction of the rail- 
 way, and those wliicli are issued are now held by contractors 
 and others, and the said company have with the appioval of 
 .such holders, made application for the rearrangement of their 
 bond debt and of their capital stock, and for the Issue of new 
 bonds of one class or of sevei'al classes or for the issue of dcben- 
 t'ue stock, and for other purposes, and whereas it is expedient 
 to grant the said application ; 
 
 Therefore Her Majesty, by and with the advice and consent 
 of the Legislative Assembly of the Province of Ontario, enacts 
 as follows : — 
 
 Power to issue 1. In lieu of the pow-'r to issue bonds heretofore possessed 
 beaturrstlrk. ^7 ^^^^ ^^1*^ Company, under which such bonds have been or 
 might be issued, and for the purpose of redeeming, or replacing 
 the l)onds so issued, or which might be issued as aforesaid, it 
 shall be lawful for the dii-ectors of the said com|)any to issue 
 bonds of the said company to the amount of five liundred and 
 To amount of fifty thousand pounds sterling money of Great Britain, boar- 
 *;.->M,ooo stg. inrr interest at six per cent, per annum, or to issue debenture 
 stock of tlie said company to the amount hereinafter men- 
 tioned in respect of the portions of their railway in the pre- 
 amble 
 
1878 
 
 IIAMILTOX AND NORTH-WESTERN RY. CO. CaP. 4-8. 
 
 m 
 
 iimble mentioncil, being from Port Dover to Bayfield Street, in 
 the Town of Barrie, and to Collingwood; and such bonds to the 
 fiinount aforesaid may be issued forthwith, without the sanc- 
 tion of the shareholders or any other requisite beyond a by- 
 law of the directors, which they are hereby autiiori/.ed to pass, 
 or such debenture stock may be issued after the sanction of 
 the shareholders shall have been tirst obtained at any annual gen- 
 eral meeting, or at any special general meeting, to be called for 
 «uch purpose ; and such bonds or debenture stock as the case jj„,^ (.„ ],g 
 may be shall be used and applied in the first place for the pur- applied, 
 pose of redeiji{)tion of, or substitution for, the bonds of said 
 company so heretofore issued or issuable as aforesaid, in man- 
 ner hereinafter provided, and then towards the purposes of the 
 said company generally ; and such bonds or debenture stock 
 sliall, without registration or formal conveyance, be and be 
 taken and considered to be, the tirst and preferential claim and To be first 
 charge upon the undertaking and real property of the com- dg^fking of' 
 pany comprised within those portions of tlie line of railway of Company, 
 the said company, in this section mentioned, and upon all" the 
 lands and tenements belonging to the said company which now 
 are, or henceforth may bo, used, occupied and enjoyed in con- 
 neelion with such portions, or in or about the working thereof, 
 and also upon all the personal property of the said company ex- 
 isting at the time of their issue and at an}' time thereafter ac- 
 ipiired, wherever such personal property may be, or be used; 
 and each holder of the said bonds or debenture stock sliall be 
 deemed to be a moi'tgagee and encumbrancer 'pro rata with all 
 the other holders thereof upon all the ])ortion,s of the said rail- 
 way, and the lands and tenements in this section mentioned, as 
 well as upon all such personal property of the company as 
 af 'resaiil ; and the directors may, by such by-laws, tix and de- 
 tine the amount and denomination of such bonds or debenture 
 stock, the rate of interest thereon, the time or times, the place 
 or places, for payment (^f the principal money thereof and 
 tiie interest theri'on and all other particulars in reference rowers of 
 thereto : Provided, however, that in the event at any time, of ji"i'l«rs if 
 the interest of the said bonds remaining unpaid and oy ing, aneai\* *" 
 then at the next ensuing general annual meeting oi- any special 
 Uoneral meeting of the said company all holders of such bonds 
 sliall have and possess the same rights and privileges and quali- 
 fications for directors and for voting as are attached to share- 
 holders, provided the bonds anl any transfers thereof shall have 
 been first registered in the same manner as is provided for the Provided same 
 registration of shares, and it shall be the duty of the secretary registered. 
 <»f the company to register such bonds, or any of them, at any 
 time on being required to do so by any holder thereof : Provided Debenture 
 further that if the directors shall decide to issue debenture stock, "^".'^'^ ™=*y ^^ 
 wliich they are hereby authorized to do after the sanction of petual or'^in- 
 the shareholders has been obtained as aforesaid, then they may <^<-'i'minable. 
 make such stock either perpetual or terminable, at such tune as 
 they may by by-law ap|)oiufc, and that the whole amount of 
 
 such 
 
 ;.i 
 
 .' J 
 
 c 
 {. 
 
(58 
 
 Not to exceed 
 £()60,000 stg. 
 nor leBH than 
 £550,000. 
 
 Holders en- 
 titled to vote 
 OH Hhare- 
 holder." and be 
 directors, 
 
 Proviso as to 
 reservation of 
 bonds or de- 
 benture stock 
 for completion 
 of ("ollingwood 
 section. 
 
 Cap. 48. iiAMiLToy and north-wdstern ry. co. 41 Vic. 
 
 such debenture stock sliallnot exceed six liundivd and sixty thou- 
 sand pounds stptling, nor be less thnn five lumdred and fifty 
 thousand pounds sterling,and the total amount of the annual in- 
 terest thereon shall not exceed thirty-three thousand pounds 
 sterling, and the rate of such interest shall not be less than five 
 per cent, per fa^num : Provided further that the holders of de- 
 bf^nture stock shall have and possess the same rights and 
 privileges and qualificiitions for directors, and for voting as are 
 attached or belong to shareholders, but shall not be entitled tt. 
 receive any dividend ujjon such debenture stock beyond the 
 interest, which may be stipulated for in the scrip ssued for 
 such stock : Provided further that if bonds be issued under tlu' 
 first and thiru sections of this Act, sixty-five thousand pounds 
 sterling of the first mortgage bonds, and eight thousand five 
 hundred pounds sterling of the second mortgage bonds, shall be 
 reserved for the completion of the Collingwood section ; and 
 that if sueh debenture stock be issued then stock to an amount 
 bearing the annual interest of four thousand pounds sterling 
 shall be reserved for the completion of such section, and such 
 bonds or debenture stock, as the case may be, shall only be is- 
 sued and paid out by the company to the contractors pro rata 
 as the work of construction upon that section shall be proceeded 
 with, and ujum the certificate of the company's engineer to be 
 from time to time granted in terms of the contract. 
 
 Certain provisions with rej,'ard to ycvieronce stock and bonds arc 
 made by 42 Vict., cap. 00. See pai,'o 74. See also 44 Vict. caii. (HI. 
 pai^e 7.5, as to issue uf joint equipment bonds with the Northern ilail- 
 way Company. 
 
 .Stock and 2. The bonds or debenture stock which may be issued under 
 
 bonds to lie ^ the last jireceding section shall on their face be declared to be 
 first mortgage. ^^_^^ mortgage bou'ls or debenture stock (as the case may be) 
 issued under the ])rovisions of such section, and such bonds oi- 
 debenture stock (as the case maybe) are hereby lieclared to be, 
 and at all times hereafter shall continue to be, a first and pre- 
 ferential claim and chaige u|>on so much of the undertaking, 
 line of railway and nropeity of the company as is mentioned in 
 such section, in pri/iity to any other bonds or debenture >.tock, 
 which the said Com|)any are by this Act authorized to issu*. //r 
 which they may at any time hereafter be authorized to iasui, 
 
 Power to fur- 
 ther issue 
 bonds to the 
 amount of 
 £70,000. 
 
 i ^i 
 
 J?. Further, in lieu of the power to issue bonds .so hereto i ore 
 possessed by the said company, it shall, and may be, lawful 
 for the directors of said company to issue bonds of the said 
 company to the amount of seventy thousand pounds sterling, 
 bearing interest at a rate not to exceed six percent, perannu.n, 
 in respect of the portions of their railway, in the first section 
 RLay be issued mentioned; and such bonds tothe amount aforesaid may be issued 
 by bylaw of forth \\ith, without the sanction of the shareholders or any 
 other requisite beyond a by-law of the directors, which they are 
 hereby authorized to pass, and by which they may fix and <le- 
 
 fine 
 
 « 
 
 1878. 
 
 fine the ai 
 
 terest, the 
 
 ment of < 
 
 thereon, ai 
 
 always th; 
 
 of such 1)0 
 
 payment o 
 
 issued by * 
 
 tliorized t(. 
 
 place, so fs 
 
 of the com 
 
 manner he 
 
 not be so r 
 
 the said c< 
 
 ri'gistratioi 
 
 sidered to 
 
 real proper 
 
 of the line 
 
 real and pi 
 
 the honds 
 
 are by sue 
 
 claim and ( 
 
 and ehitrge 
 
 section of t 
 
 he issued u 
 
 mortgage b 
 
 This sectio] 
 
 4. The 1 
 
 third .sectio 
 issue of bon 
 if the comp 
 within one 
 bonds or st( 
 shall be pul 
 six success! 
 'Jity of Hai 
 .so issued an 
 with as folic 
 
 Firstly, F 
 fo the amo 
 bonds be iss 
 stock to an 
 lumdred poi 
 perrons or c( 
 bonds of the 
 Lake Erie P 
 the bonded ( 
 itailway Coi 
 by such hold 
 

 1878. 
 
 HAMILTON AND NORTH-WESTERN RY. CO. CaP. 48, 
 
 fine the amount or donomination of sucli bonds, the rate of in 
 torest, the time or times, and the pbice or places for the pay- 
 ment of the principal moneys thereof and of the interest 
 thereon, and all other particulars in reference thereto, provided 
 always that the time fixed for payment of the principal money 
 of such bonds shall not be at an earlier date than tlie time for 
 
 payment of the principal money of the bonds authorized to be 
 
 issued by the first section; and the bomls by this section au- 
 
 tiiorized to be issued, shall be used and applied in the first -p,, i,p appliwl 
 
 place, so far as nuiy be necessary in substitution for the bonds in substitution 
 
 of the company so liei'etofore issued or issuable as afoi-esaid in tofore't/'fj''** 
 
 manner hereinafter provided, and any part thereof which may 
 
 not be so requii'ed or used niny be applied for the pui'poses of 
 
 the said company generally; and such bonds sh:dl, without 
 
 rej^fisti'ation or formal conveyance, be, and be taken and con- I^>«n' 
 
 sidored to be, a claim and charge upon the un(Jertaking and 
 
 leal property of the company comprised within those por'ions 
 
 of the line of the railway of the said company and upon the 
 
 real and personal pi-ojierty of the said company upon which 
 
 the bonds authorized to be issued by the first section hereof 
 
 are by such section declared to be the first and [referential 
 
 claim and chai'ge, but next after and subject only to the claim 
 
 and chiirge of the bonds authorized to be. issued under tlie fiist 
 
 section of this Act : Provided always, that if debenture stock Troviso. 
 
 Ite issued under the provisions of the first section, then the 
 
 mortgage bonds authorized by this section shall not be issued. 
 
 This section is repealed by 42 Vict. cap. GO, sec. 5, page 75. 
 
 4. The bonds authorized to be issued rader 'he first and When boml^ 
 third sections hereof, if the company shall decide upon the '"" '1''"^^,"""''''' 
 issue 01 bonds, or the debenture stock, horeinbetore ar. tiorized, issue— notice 
 if the con>pi,ny shall decide to issue such stock, shall be issued ^^^^^°i- 
 within one year from the passing of this Act f-nd up)n such 
 bonds or stock as the case may be being iss led, notice thereof 
 shall be published in one issue of the Oiddrio Gaze'',, and in 
 six successive issues of a daily newsmper pi.l^' hod at the 
 'Jity of Hamilton, and on such bonds or debe'J .v stock b^lng 
 so issued and such notice published, the same shall be dealt 
 with as follows : 
 
 Firstly, First mortgage bonus authorized under section one Application 
 fo the amount of fifteen thousand pounds sterling, if such ° "° • 
 bonds be issued, or if d(.>benture stock be issued, then .such 
 stock to an amount yielding interest v> the amour t of nine 
 hundred pounds s^erMng per annum :ihaU be delivei'ed to the 
 perrons or corporations who a /e or ma^ be the holders of the kM'^?.?: "*,",: *** 
 kionds 01 the said railway compaiiy, o) o^ the Hanilton and payment of H. 
 hake Erie Railway Company haretofor 'sued in respect of f ^^'i^- ^'""^ 
 
 ill 11 •! ,ll,c,iTr 1-r. '^ Tx issued HI FC' 
 
 tlie bonded or judgment debt oi the Han -n and Port Dover sneet of H.& 
 itailway Company, and the same sh-ll be taken and received ^' ^- ^^yC). 
 by such holders in pro[)Ci ';ion to the amount of such bonds 
 
 held 
 
 \Wi 
 
 V -'- 
 
 E-^S'ity .^ '^f 
 
 P>^^7v 
 
 /4#,^? 
 
70 
 
 Contractors. 
 
 Present 
 lioiidholilors 
 binmd to re- 
 (•"i\e now 
 Ijonds. 
 
 Suits on lioinl; 
 afti " issue of 
 new Viomls 
 ami stock 
 not to be 
 inaiutained. 
 
 Cap. 48. Hamilton and north-westkun ky. co. 41 Vir. 
 
 hclil by th'^m respectively, and in cxtinfjuislnnent of any lien 
 or charrre which the holders of such bonds or any of them may 
 now have upon any property of the said company or any pro- 
 perty heretofore acquired for or belonging to the Hamilton an. 
 Port Dover Railway Company ; and all such property .shall 
 fr^m and after the issue and delivery of such bonds or debe^i- 
 ture stock, as the case may be, become and be vested in the 
 said railway company without any formal conveyance thereot; 
 and interest on such bonds or debenture stock at the rate ot 
 nine hundred pounds sterling per annum shall be paid from the 
 first day of January, in the year one thousand eight hundred 
 and seventy-eight ; and if the company under the proviso here- 
 inafter contained, do not exercise the power given by this Act 
 for the issue of bonds or debenture stock, the holders ot the 
 bonds in this clause mentioned shall be entitled and bound to 
 receive bonds of the company as now authorized to be issued 
 to the amount of fifteen thousand pounds sterling, and bearing 
 interest from the first day of January, in the year one thousand 
 eight hundred and .seventy-eight, on the same terms as the 
 bonds of that amount, or the debenture stock hereinljefore m 
 this clause mentioned : 
 
 Secondly, The contractors shall be entitled to receive the 
 residue of such ' -ids or debenture stock, subject to the terms 
 of their contrp o \ the company, and also subject to the pro- 
 viso to the fir. on as to the amount of bonds or stock to 
 be reserved fo. .ompletion of the Collingwood section, and 
 subject to the riglits of any persons or cor])orations holding 
 existing bonds as collateral sccuiity, but any such persons or 
 corporal-ions .shall be entitle.l and bound to r(!ceive in substitu- 
 tion for the bonds they may hold, bonds authorized to be 
 issued by section one of a like amount, and bearing interest 
 from the same date as the bonds they may liold, or if deben- 
 ture stock be issued, then such stock to sncli an amount as will 
 yield the same amount of annual interest as tlie bonds to be 
 given up therefor : 
 
 And it is hereby declared that from and after the issue of 
 the lionds or debent ..e stock authorized to be issued und^ 
 the first and third sections of this Act, and notice thereof pui> 
 lished as aforesaid, no action, .suit, of other proceeuing .shall bo 
 maintained by or un l)ehalf oi any holder of any bond hereto- 
 fore issued or to be issu'.';! by the said company, or of any 
 coupon to any such bond, ami it .shall be a sufficient defence 
 and absolute bar to any action, suit or proceeding on any such 
 bond, to state that the bonds or debi-nture stock_ hereinbefore 
 authorized had been issued, and notice thereof given as afore- 
 said : Provided always that the bond;; of the said company 
 heretofore authorized to be issued .shall be and remain in full 
 force and etiect until such new bonds or debenture stock au- 
 thorized by this Act shall be issued, and notice of such issue 
 
 published 
 
 ■1 
 
:!,'|i 
 
 1878. 
 
 HAMILTON AND XOIITK-WESTERX IIY. CO. CaP. 48. 
 
 i 
 
 puMished as aforesaid ; provided further, that the directors may 
 within said period of one year pass a by-huv declaring'' that tlio 
 powei's to issue bonds and debenture stock autliorizeil by tliis 
 Act sliall not be exercised ; and u]ion such by-law being passed 
 and notice thei-eof published in two consecutive issues of the 
 Oitl ir'io Gazcffc, the powers of the said company as to the issue 
 i)f bonds shall be as if this Act had not been passed. 
 
 •T. Tt further shall and maybe lawful for the directors of rtnth.>v power 
 the said company to issue b(mds of the said comnanv for tJic r" '"'"'■'''"""''* 
 pin-pose ot raisuig money lor prosecuting the said undertaking ti..i i.^vond 
 beyond Bayfield Street in the Town of Barri", in res])ect of ^^i'"'^'- 
 the portions of their line of railway which may hercifter be 
 constructed to the north of or beyond that point; and sucli 
 bonds shall, without registration or formal conveyance, be, and 
 be taken and considered to be, the first and preferential claim To be first 
 and charge upon that part of the undertaking and those por- t'lii"'-;e on lino 
 tions of the line of railway of the said company which may '^*^-^'"'"'^^'''*'"** 
 hereafter be constructed to the north of or beyond Bayfield 
 Street in the Town of Barrie, and ujjon all the lands and tene- 
 ments of the said company to the north of or beyond such 
 street which may be used, occupied or enjoyed in connection 
 with such porti(m, or in or about the working thereof ; and each 
 holder of the said bonds shall be deemed to be a mortgagee and 
 fiicumbrancer pro rat<i with all the other holders thereof; 
 Provided, howevei-, that no bonds sjiall be issued under the Sharelu.Mers' 
 provisions of this section until after ti.e sanction of the share- ^|!,"„iJit" 
 holders shall liavo been fii'st obtained at any annual general ''^'^"'^' *^' 
 meeting of the company, or at any special general meeting, to 
 lie called from time to time for sucli purpose, and the company 
 inay at such meeting, by by-law, define the amount or denom- 
 ination of such bonds, the time or times, the place or places 
 for payment of the principal money thereof, and of the interest 
 thereon, not exceeding six per centum per annum, and all other 
 particulars in reference thereto ; but the time for payment of 
 the principal money of such bonds shall not be at an earlier 
 datu than the time for payment of the piincijjal monc}- of the 
 Ijonds authorized to be issued by the first section of this Act : 
 And provided furthei that the Avhole amount of the issue of Limit to i»mu-, 
 such bonds shall not exceed in all the sum of three thousand ^J^JUiJ"'^'"" 
 pounds sterling per mile, and that the amount of the bonds ^'" "" *'' 
 issued at any one time shall not be in excess of the amount 
 actually expended in surveys, purchase of right of way, and 
 works of e(^uipuient and construction upon the portion of the 
 line of the said railway in this section mentioned, or of mate- 
 rial actually purchased, paitl for, and delivered to the company 
 within the Dominion of Canada, and certified l)y the chief 
 engineer of the company. 
 
 6. The provisions of the fourth* section of the Act passed in .-^s Vic.ci)) 48, 
 
 the ''<^<'-'*' ^"'^I'Ply 
 
 ♦Pagels] 
 
72 
 
 Cap. 48. Hamilton and nouth-westeun ry. co. 41 Vic. 
 
 ♦ , 1 1 the thirty-ei'-lith year of Her Majesty's reign, chaptered forty- 
 K" c'iglit, shkU apply "to the bonds and <lel)ei.ture stock autliorized 
 stock. ^^^^i^Q issued under the provisions of this Act. 
 
 Tins Act net 7 It is hereby provided and deidared that nothing in this 
 cWCiuwf Act contained shall prejudice or affect the stipulations or con- 
 grantinf,'aidto ^itions of any by-law passed by any niumcipality in aid ot the 
 conu.auy. sj,ia company. ' 
 
 Limit of time 8. Tlic time for completion of the lines of railway, wliich the 
 tt^xfrnlw said company is authorized to construct, is liereV)y extended 
 ' for three years from the expiration of the time heretofore lim- 
 ited therefor, except only as to th(> completion of the section to 
 Collingwood, which must V)e finished within the time and in 
 tlie manner already jirovided. 
 
 ANNO QUADRAGESIMO SFX'UNDO VICTdRLE 
 
 llEGINyE. 
 
 (42 Vict.) 
 
 Preamble. 
 
 CAP. LX. 
 
 An Act relating to the Hamilton and North Western 
 Kaihvay Company. 
 
 [Assented to llth March, 1870.] 
 
 WHEREAS under the provisions contained hi the Act 
 passed in the forty-first year of Her Majesty's reign, 
 chaptered forty-eight, the Hamilton and North Western Rail- 
 way Company did, within the period of one year from the pass- 
 ing of that Act, decide u])on tlie issue of the bonds authorized 
 by the first and third sections of that Act, and did pass a by-law 
 forthei.ssue of the bonds for livo hundred and lifty thousand 
 pounds sterling money of Great Britain, authorized by such first 
 section, and did pul)lish notice thereof as required by ihe fourtii 
 section of that Act, but only four thou.sand five hundred of such 
 bonds numbered from one to four thousand five hundred both 
 inclusive pnd amounting to four hundred and tifty tliou.sand 
 pounds sterling have been duly i.ssued, and the I'est remain un- 
 is.sued ; And whereas no bji-'law has yet been passed for the issue 
 of the bonds authorized by such third section, nor have such 
 bonds or any of tl.'eni lieen issued ; uud whereas the said com- 
 pany have now completed the whole of the Collingwood sec- 
 tion of their railway ; and whereas the .shareholders at a meeting 
 
 duly 
 
W9. 
 
 HAMILTON AND NOllTH-WESTEllN IIY. CO. CaP. CO. 
 
 73 
 
 iluly called, ami held on the twentieth day of January, one 
 thousand eight hundred and seventy-nine, adopted a basis of 
 M'ttleuientof all matters connected with the construction of tlie 
 said railway under the contracts in that behalf enteix-d into 
 1 pt 'tween the conii)any and the contractors, bearing date respec- 
 tively the twenty-sevent' Novenilter, one thousand eight hun- 
 dred and seventy-five, and eleventh February, one thousan<l 
 eight hundred and seventy-six, and the terms of such settle- 
 iiu-nt are emliodied in an agreement dated the twentieth day 
 <'t' January, one thousand eight hundred and seventy-nine, 
 ln'twecn the company and the contractors, and it is thereby 
 .luioug other things provided and agree<l that prefeience 
 >cuck of the said com[)any of the amount of one hundred and 
 seventy thousand poumls sterling upon the issue thereof 
 being authoiized should be issued in lieu of one hundied 
 thousand ])oiuids sterling of the company's bonds, being 
 the bonds authorized under the first section of the said Act 
 whieli remain unissued as aforesaid to the amount of one 
 hundied tliousand ])ounds sterling money of (Jreat Brit- 
 iiin, and of the whole of the honds for seventy thousand i)ound.s 
 sterling authorised under the third section of the said Act ; 
 and whereas the company have petitioned for a confirm- 
 ation of such agreement and for other powers and purposes ; 
 and whereas it is expedient to grant such petition ; 
 
 Therefore Her Majesty, by and with tiie advice and consent 
 of the Legislative AssemlJy of the Province of Ontario, enacts 
 as follows : — 
 
 1. The contracts in tlie preamble mentioned or referred to < 'nutiacts con- 
 for the construction of the said railway are hereby declared to *''''"*^'^ 
 have been ])roperiy entered into, and to have been and to l)e 
 legal and valid, ami the same are herel>y in all respects con- 
 liiined, and the said meeting of the shareholders of the said 
 company and their action and resolutions then'at and the agree- 
 ment in the preamble mentioned, are hereby c<mfirmed and are 
 declared to have been and to be legal and valid, and the allot- 
 ment and delivery to the contractors of the bonds, and the paid- 
 up stock of the company, and one lunulred and ten thousand 
 puiMi-ls of the preference stock by this Act authorized, and the 
 payment and delivery to the contractors of tlie aid received or 
 receivable by the saiil company from various municipalities and 
 from the Province of Ontario, and of the moneys received or 
 derived from these or any other sources are liereby confirmed 
 and declared to have been and to be iawful allotments, deli- 
 veries and payments thereof res{)ectively, and the holders of 
 such stocks are liereby declared to hold tlie same with all the 
 lights, pi-ivileges and immunities conferred on or possessed by 
 ■shareholders whose shares have been fully paid-up ; and it is 
 hereby further provided that the remaining sixty thousand 
 pounds sterling of the preference stock aforesaid shall not be 
 delivered to or received by the contractors, but shall be and re- 
 main 
 
 -T 
 
 M 
 
 ! 
 
 1 
 
 S 
 
 jl 
 
 ^ 
 
 ;'i 
 
 
 1 i ' 
 
 *i 
 
74 
 
 Cap. go. Hamilton and noktii-westkrn ry. co. 
 
 42 Vic. 
 
 rrefcri'iico 
 
 HtdCk to 
 
 amount to 
 tl7(),(KI0 »tn. 
 to be iH8Uf(l. 
 
 HoWe 
 
 main at the free and alisolutc disposal of the company for sucli 
 purposes as they may (hx'iii proper and fit. 
 
 2. It shall he lawful for the directors of the said conipaiiy 
 and they are heivhy re(|uire(l within three months to issue pre- 
 ference stock of the said comi)any to the amount of one hun- 
 dred and seventy thousand pounds sterling, in shares of ten 
 pounds each, which shall be called and known as jireference 
 stock and the holders of such i)refeiencc stuck shall have 
 k 'es'.lf' ''"^'* "'"^ possess the same ri,i,dits and privile<;-es and (pialilicu- 
 hlmiehol.Icrs. tions for directoi's and for votinff and otherwise as are iiT- 
 tached or helouii' to ordinary shnrc holders, and shall have one 
 vote for each such share, and shnJl he entitled to receive and ho 
 paid ratably and pari passu a dividend tijion such preference 
 stock not exceedinj,' the rate of six per cent, per annum next 
 after the [)ayment of the interest on the first mortgage bomls 
 of the company, and in preference to and priority over the or- 
 dinary shareholders ; the dividend on such ])rcference stock shall 
 he computed and reckoned from the first day of J)eeend)er, one 
 thousand eij^ht hundred and seventv-eight, and shall be due on 
 the first day of June and first day of December in each year, and 
 shall be payable two months after such dates respectively, and 
 in case at any time or times there shall not be sufficient moneys 
 available to pay the full dividend on s\ich preference stock at 
 the rate of six per cent, peramuim.any such deficiency shall be 
 made iip from the moneys available at any future time or times. 
 
 C, jier cent 
 interest. 
 
 Directors to 
 i>siie such 
 stock as* they 
 think iit. 
 
 3. The directors may ci'eate and issue the preference stock 
 for sixty thousand pounds in the first section mentioned in such 
 amounts and subject to the jiayment of such calls of such 
 amounts and at such times and at such disc<}unt as they may 
 tliink fit, or they may agree for the sale thereof or of any part 
 thereof at such price as they may think fit, and may stipulate 
 for the payment of the piu'cluise money by instalments, and the 
 amount of every such instalment as and when payable sliall bo 
 deemed to be money due in respect of a call iluly made in ac- 
 cordance with the provisions contained in section twenty-seven* 
 of the Railway Act of Ontario, which, so far as applicable, is 
 incorporated herewith, and the amount of every such instalment 
 may be sued for and lecovered as if it were a call due on a shaie 
 within the meaning of the said Act, and the non-payment of 
 any .such instalment .shall carry with it all the rights, incidents 
 and consequences as mentioned in the said Act (including for- 
 feiture of the stock in respect of which such instalment is due) 
 as in the case of a call due by a shareholder on a .share. 
 
 lSe?to°"''' 4- ^^^^ amount of first mortgage bonds of the said company 
 
 wno.ooo «tg. which may be issued under the first S'jction of the said recite'l 
 
 Act is hereby limited to four hundred and fifty thousand pounds 
 
 sterling 
 
 * Pa-'e 109. 
 
issi. 
 
 HAMILTOX AND NORTH-WKSTERN UY. CO. CaP, CO. 
 
 75 
 
 stilling bein<^ the amount of the four thousaml fivo hnndrcid 
 bonds ahcady issuod and numbered as in tlie preamhle men- 
 tinned. 
 
 a. The third section of the said recited Act is hereby re- «l Vi.:.,c. 4s, 
 pi'aled. ' 
 
 6. The word "contractors," wherever used in this Act, shall int»n.T.ta- 
 lie taken to mean the several pi^rsons who were or are the con- *■'•'• 
 tractors with the company for the construction and etiuipment 
 of portions of their railway under the two contracts hereinl»e- 
 tore mentioned. 
 
 ANNO QUADRAGESIMO QUARTO VICTORLE REGINiE. 
 
 (44 Vict,) 
 
 CAP. Lxvr. 
 
 An Act further to amend the Acts relating to the 
 Hamilton and North-Western Railway Company. 
 
 [Assented to 4th March, 1881.] 
 
 WHEREAS the Hamilton and North-Western Railway Preamble. 
 Company (hereinafter called the North-Western) and 
 the Northern Railway Company of Canada (hereinafter called 
 the Northern) entered into an agreement bearing date the sixth 
 day of June, one thousand eight hundred and seventy-nine, 
 for the joint working of their railways, and such railways have 
 been worked under such agreement since the first day of July, 
 one thousand eight hundred and seventy -nine ; and whereas 
 the North-Western have by their petition represented, that for 
 the more efficient and economical working of the said railways, 
 it has become necessary to raise additional capital, and the di- 
 rectors of the said two corapanie.s have entered into an agree- 
 ment bearing date the twenty -first day of February one thou- 
 sand eight hundred and eighty-one, for the issue of joint work- 
 ing and equipment bonds of the Northern to the amount of 
 one hundred and thirty-four thousand pounds sterling and of 
 joint working and equipment bonds of the North-Western to^ 
 the amount of sixty -six thousand pounds sterling, and for the 
 sale and disposal and application thereof ; and the North-Wes- 
 tern have prayed for authority to issue such bonds, and it is 
 expedient to grant the prayer of the said petition ; 
 
 Therefore 
 
 * Pago 68. 
 
A 
 
 \m 
 
 Tmhuo of "joint 
 working,' and 
 ('i|iiii)uit'ut 
 1)011(1.1 " by 
 North- 
 WeMtern (»u- 
 thori/.cJ (iOO, 
 
 WOO stg. cacli. 
 
 76 Cap. GO. Hamilton and nouth-westeun rv. co. 44 Vic, 
 
 Therefore Hor Ma, ■ ty by and with the advice and consent 
 of the Le;,'islativo Asstjibly of the Province of Ontario, enacts 
 as follows : — 
 
 I. It sliall and may l)e lawful for the directors of the Nortli- 
 Wcstern to issue .six hundred and sixty bonds of that conipany 
 each of the amount of one hundred pounds sterlin*,', to be cni- 
 led and known as "Joint Working and J](iuij)mctit Bonds." 
 The i)rincii>al of such bonds .shall bo made payable on the first 
 day of June, one thou.sand ci ht hundred and ninety-ei«rht, 
 and the interest thereon half-\ early on the first day of June 
 and December in each year/und the principal and interest 
 shall be payable at such place and the interest shall be at sucli 
 rate, not exceeding ,«ix per cent, per annum, as tho directors of 
 the said company may determine ; and such joint working ami 
 equipment bonds shall form a claim and charge upon tlie un- 
 dertjiking and real and personal property of tlie said comimny, 
 •subject, however, to the claim and chai-go thereon of tlie exist- 
 ing first mortgage bonds of the company, and the interest 
 thereon shall be payable next after the payment of the interest 
 on +he said first mortgage bonds. In the event at any time of 
 the interest on such joint working and equipment bonds re- 
 maining unpaid and owing, then the holders of such bonds 
 shall have and possess the same rights and pxivileges and (juali- 
 fications for directors and foi- voting, as are attached to share- 
 holders: Provided the said bonds and any transfers tliere(jf 
 .shall have been first registered, as ])rovided for the registration 
 of shares, and it shall be tho duty of the secretary to make 
 such registration on request. 
 
 soidorplXd! ^- !^^^^ ^^""'^■'^ hereinbefore authorized to be issued shaU and 
 may oe sold, jiledgcd or hypothecated, and the proceeds thereof 
 used and ajiplied as provided in such agreement of the twenty- 
 first day of February, one thousand eight hundred and ei<dity- 
 one. '' 
 
 S'beSd .,^'i •'''''*' ^on'!« V this Act authorized .shall not be issued by 
 • the directors of the said company, unless and until such issue 
 be approved by a two-thirds majority in value of the holders 
 of the preference and ordinary stock of the North- Western, 
 present in person or represented by proxy, at a meeting of tlie 
 holders of such preference and ordinary stock specially called 
 for that purpose, nor unless the Northern shall have obtained 
 the necessary authority and consent to issue tho joint working 
 and equipment bonds of that company, as likewise provided 
 for in such agi-eement. 
 
 The issue of the Joint Working Bonds, in the above Act ra entioned 
 was duly approved of by the reciuisite number of shareholders. The 
 Jiortliern Railway obtained the necessary authority to issue their quota 
 (see next Act), and such bonds have been issued. 
 
 If interest not 
 
 J);iid, ri;,'lit of 
 lolders to vote 
 and cict as 
 director. 
 
 ANNO QUAL 
 
 An Act rospecti 
 
\ m 
 
 issl. 
 
 NOnTTTFRM RAILWAY CO. OF CANADA. 
 
 4+ Vic. 
 
 77 
 
 ANNO QUADRAGESIMO QUARTO VICTORLE 
 
 REGIN^. 
 
 (44 VIOT., OANA.DA.) 
 
 CAP. XXXVIIl. 
 
 An Act respecting the Nortlieru Railway Company 
 
 of Canada. 
 
 Pii':itnl)U'. 
 
 l{(M!itlll Iciiso 
 between 
 Nortliern and 
 II. aii.l N.W; 
 Kv, <»Ul Jtllle, 
 1H79. 
 
 Assented to 21st March, IHHl. 
 
 WHEREAS Tho Nortliern Railway (Company of Canada 
 (hereinafter called " Tho Company ") and the Hamilton 
 and North -Western Railway Company (hereinafter called 
 " The North -Western ") entered into an agreement bearing 
 date the sixth day of Jnne, eighteen hundi'ed and seventy-nine, 
 hereunto attached (({)a.sSchedulc A, for thejoiiit working of their 
 railway.s for the term of twenty-one years from the first day of 
 July then next, Avhich said agreement came into force on the 
 first day of July, one thoasand eight hundred and seventy-nine, 
 since which time tho said railways have been worked there- 
 under ; and whereas the Company have by their petition re- 
 presented, amongst other things tliat for the more etiicient and 
 economical working of the said railways, it has become neces- 
 sary to raise additional capital, and the Directors of the two 
 Companies have entered into an agreement bearing date the 
 twenty-tirst day of February, in the year of Our Lord one 
 thousand eight hundred and eighty-one, hereunto attached as 
 Schedule B, (b) for the issue by the Company of bonds to the 
 amount of one hundred and thirty-four thousand pounds ster- 
 ling, and by the Noi'th- Western of bonds to the an)ount of sixty- 
 six thousand pounds sterling, the proceeds thereof to be applied 
 in the manner and for the purposes stated in the said last men- 
 tioned agreement ; and whereas the Company have by their 
 .said petition prayed for authority to issue such bonds, and it 
 is expedient to grant the prayer of such petition : Therefore 
 Her Majesty, by and withfthe advice and consent of the Senate 
 and House of Commons of Canada, enacts as follows : — 
 
 I Subject to the provisions of this Act, it shall be lawful ^.'"t'E, i^i'/,! 
 for the l^irectors of the Com[)any and they are hereby author- ment Bonds 
 ized to i.ssue from time to time, and as may be required, "joint for t'i;j4,ooo 
 worki )'»■ and equipment bonds " of the amount of one hundred 
 pounds s'erling each, bearing interest at a rate not exceeding f*"'""''*' '^"'^ 
 SIX per cent, per annum, ius the Directors of tho Company may and when pay- 
 determine, such i.ssue not to exceed in the whole tlie sum of '^^^'^• 
 
 one 
 
 llceital that 
 adilitionalca]!- 
 ital necessary. 
 
 Recital new 
 agreement 
 with H. and 
 N.W. Ky. in 
 leh 81. 
 
 N • ;rn to 
 isi at t'i;<4,000 
 Htg. N. W. 
 Jt'GC.OOO Htt;. 
 
 a See p. 2^2. b See p. 249. 
 

 IMAGE EVALUATION 
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 23 V^EST .M.AIK STRUT 
 
 WEBSTER, N.Y. 14580 
 
 (716) 872-4503 
 
 'C,^ 
 
 ..;*--'^ 
 
I 
 
76 
 
 Issue of "joint 
 working and 
 equipment 
 bonds " by 
 North- 
 Western au- 
 thorized OGO, 
 
 t'JOO Htg. each. 
 
 If interest not 
 
 })aid, right of 
 lolders to vote 
 and act as 
 directors. 
 
 Bonds may be 
 sold orpleugad. 
 
 When bonds 
 may be issued. 
 
 Cap. G6. Hamilton and nokth-western ry. co. 44 Vic, 
 
 Therefore Her Majesty by and with the advice and consent 
 of the Legislative Assembly of the Province of Ontario, enacts 
 as follows : — 
 
 1. It shall and may be lawful for the directors of the North- 
 western to issue six hundred and sixty bonds of that company 
 each of the amount of one nundred pounds sterling, to be cal- 
 led and known as " Joint Working and Equipment Bonds." 
 The principal of such bonds shall be made payable on the first 
 day of June, one thousand eight hundrod and ninety-eight, 
 and the interest thereon half-yearly on the first day of June 
 and December in each year, and the principal and interest 
 shall be payable at such place and the interest shall be at sucli 
 rate, not exceeding six per cent, per annum, as the directors of 
 the said company may determine ; and such joint working and 
 equipment bonds shall form a claim and charge upon the un- 
 dertaking and real and personal property of the said compan\', 
 subject, however, to the claim and charge thereon of the exist- 
 ing first mortgage bonds of the company, and the interest 
 thereon shall be payable next after the payment of the interest 
 on the said first mortgage bonds. In the event at any time of 
 the intei'est on such joint working and equipment bonds re- 
 maining unpaid and owing, then the holdei-s of such bonds 
 shall have and possess the same rights and privileges and quali- 
 fications for directors and for voting, as are attached to share- 
 holders: Provided the said bonds and ary transfers thereof 
 shall have been first registered, as jirovided for the registration 
 of shares, and it shall be the duty of the secretary to make 
 such registration on request. 
 
 2. The bonds hereinbefore authorized to be issued shall and 
 may be sold, pledged or hypothecated, and the proceeds thereof 
 used and applied as provided in such agreement of the twenty- 
 first day of February, one thousand eight hundred and eighty- 
 one. 
 
 3. The bonds by this Act authorized shall not be issued by 
 the directors of the said company, unless and until such issue 
 be approved by a two-thirds majority in value of the holders 
 of the preference and ordinary stock of the North- Western, 
 present in person or represented by proxy, at a meeting of the 
 holders of such preference and ordinary stock spucially called 
 for that purpose, nor unless the Northern shall have obtained 
 the necessary authority and consent to issue the joint working 
 and equipment bonds of that company, as likewise provided 
 for in such agreement. 
 
 The issue of the Joint Working Bonda in the above Ac'., ra entioned 
 was duly approved of by the requisite m nber of ahareholderb. The 
 Northern Railway obtained the necessary authority to issue their quota 
 (see next Act), and such bonds have been issued. 
 
 1881. 
 
1881. 
 
 NORTHERN RAILWAY CO. OF CANADA. 
 
 44) Vic. 
 
 77 
 
 Preamble. 
 Recital lease 
 between 
 Northern and 
 H. and N.W: 
 Ry, Cth June, 
 1879. 
 
 ANNO QUADRAGESIMO QUARTO VICTORIiE 
 
 REGINiE. 
 
 (44 VIOT., CANADA.) 
 
 CAP. XXXVIII. 
 
 .\n Act respecting the Northern Railway Company 
 
 of Canada. 
 
 A'ssented to 21st March, 1881. 
 
 WHEREAS The Northern Railway Company of Canada 
 (hereinafter called " The Company ") and the Hamilton 
 and North -West eni Railway Company (hereinafter called 
 " The North-Western ") entered into an agreement bearing 
 date the sixth day of June, eighteen hundred and seventy-nine, 
 hereunto attached (a) as Schedule A, for the joint working of their 
 railways for the term of twenty-one years from the first day of 
 July then next, which said agreement came into force on the 
 first day of July, one thousand eight hundred and seventy-nine, 
 since which time the said railways have been worked there- 
 under ; and whereas the Company have by their petition re- 
 presented, amongst other things that for the more efficient and 
 economical working of the said railways, it has become neces- 
 sary to raise additional capital, and the Directors of the two 
 Companies have entered into an agreement bearing date the 
 twenty-first day of February, in the year of Our Lord one 
 fl- >usand eight hundred and eighty-one, hereunto attached as 
 hchedule B, (6) for the iss' j by the Company of bonds to the 
 amount of one hundred and thiroy-four thousand pounds ster- 
 ling, and by the North-Western of bonds to the amount of sixty- 
 six thousand pounds sterling, the proceeds thereof to be applied 
 in the manner and for the purposes stated in the said last men- 
 tioned agreement ; and whereas the Company have by their 
 said petition prayed for authority to issue such bonds, and it 
 is expedient to grant the prayer of such petition : Therefore 
 Her Majesty, by and withUhe advice and consent of the Senate 
 and House of Commons of Canada, enacts as follows : — 
 
 1. Subject to the provisions of this Act, it shall be lawful S^^t E.jdp! 
 for the Directors of the Company and they are hereby author- ment Rond^ 
 ized to issue from *ime to time, and as may be required, "joint ^or t^l-^4,000 
 working and equipment bonds " of the amount of one hundred 
 pounds sterling each, bearing interest at a rate not exceeding jnt"^eHUio\v'^ 
 six per cent, per annum, as the Directors of the Company may and when pay- 
 determine, such issue not to exceed in the whole the sum of ^^^^' 
 
 one 
 
 Rerital il;at 
 additional ,p- 
 ital neces' 
 
 Recita? 
 agreemen . 
 with H- and 
 N.W. Ry. 21 
 Feb 81. 
 
 Northern to 
 issue £134,000 
 stg. N. W. 
 £06,000 stg. 
 
 8ee p. 232. 6 See p. 240. 
 
 fjiw-tm 
 
if 
 
 78 
 
 Cap. 38. 
 
 NORTHERN RAILWAY CO. OF CANADA. 
 
 44 Vic. 
 
 one hundred and thirty-four thousand pounds sterling ; and 
 the principal and interest of such bonds shall be payable in 
 such manner and at sucli times and places as provided for in 
 the said aj,.eemeni, of the twenty-first day of February, in the 
 year of our Lord one thousand eight hundred and eighty-one. 
 
 p,„n(lH to r.wk 2. The bonds to bo issued under this Act shall constitute a 
 
 aftertolPref. ijgjj oj. gha^j.g(3 ^,.,on the real and personal property, tolls and 
 
 ulX'ai'vict. revenues of the Company next after the third preference ben.ls, 
 
 "If ^*>' class " B," issued under the authority of an Act respecting the 
 
 Company, passed in the thirty-first year of Her Majesty's reign, 
 
 chaptered eighty-six ; (a) and the holders of such joint working 
 
 and equipment bonds shall have the same rights, incidents and 
 
 privileges as are possessed by the holders of the existing bonds 
 
 of the Company. 
 
 Interest to be 3. The interest on the bonds hereby authorized ^/^ be issued 
 tere3t''in''Ruch ^^^^^' ^^ provided for in the said agreement of the twenty-first 
 ifrdPrel^'B day ot February, in the year of Our Lord one thousand eight 
 Bond. hundred and eighty-one, be paid by the Company, next after 
 
 the payment of the interest on the aforesaid third preference 
 BoiidH may be bonds, cldss " B " ; and the said bonds shall and may be sold, 
 ^"Itl' etc. pledged or hypothecated, and the proceeds thereof used and 
 
 applied as provided in the last mentioned agreement. 
 
 Bonds not to 
 issued till ap- 
 proved of by 
 inaj. of ordny. 
 and pref.stock- 
 holders at spl. 
 meeting. 
 
 nor till H; and 
 X. W; obtain 
 consent to 
 issue their 
 Bonds, 
 
 4. The bonds by this Act authorized shall not be issued by 
 the Directors of the Company, unless and until the issue there- 
 of shall have been approved by a vote of a majority of the 
 ordinary and preference stockholders present in person or re- 
 presented by proxy and voting together, at a special general 
 meeting of the Company specially called for that purpose, nor 
 unless the North Western shall have obtained the necessary 
 authority and consent to issue the bonds of that Compau}', as 
 provided for in the agreement in the next preceding section 
 mentioned. 
 
 5. This Act may be cited as " The Northern Railway Com- 
 pany Act, 1881." 
 
 For Schedule A, Agreement Gth June, 1879, see page 232. 
 For Schedule B, Agreement 2ist February, 1881, see page 249. 
 
 (a) Page q6, 
 
 in Volume of Northern Railway Company Statutes. 
 
' ) 
 
 PART III. 
 
 PUBLIC GENERAL STATUTES OF THE 
 
 PROVINCE OF ONTARIO, AND OF 
 
 THE DOMINION OF CANADA, 
 
 AFFECTING THE HAMILTON AND NORTH-WESTERN 
 RAILWAY COMPANY. 
 
 
 M 
 
11 
 
 M 
 
 11 
 
 ■ S 
 
 1 I 
 
 PR( 
 
STATUTES 
 
 OF THE 
 
 PROVINCE OF ONTARIO. 
 
 
 
 
 ■ 
 
 ■^ 
 
 
NOTE. 
 
 It is to be observed that the same Sections of the Railway Act of Ontario 
 which are incorporated in the Hamilton and North- Western Railway Act, 
 are also incorporated with the original Acts of the Flos Tramway Com- 
 pany and the North Simcoe Railway Company under lease to the Northern 
 and North-Western Railway, and contained in the volume of Statutes 
 lelating to the Northern Railway Company and Extensions. 
 
 in 
 
PUBLIC GENERAL STATUTES 
 
 OF THE 
 
 PEOYINCE OF ONTAEIO, 
 
 RELATING TO 
 
 RAILWAYS. 
 
 REVISED STATUTES OF ONTARIO, 
 CAP. CLXV. 
 
 An Act respecting Railways, 
 
 Part First. 
 
 Short Title, s. I 
 Interpretation, s. 2, 3. 
 Application of Act, ss. 4-7. 
 Incorporation of Companies, s. 8. 
 Powers, s. 9. 
 
 Plans and Surveys, s. 10. 
 Taking of Lands and tlieir Valua- 
 tion, 88. 11-20. 
 Highways and Bridges, s. 21. 
 Fences, s. 22. 
 Tolls, 8. 23. 
 General Meetings, ss. 24, 25. 
 
 President and Directors — their 
 
 Election and Duties, s. 20. 
 Calls on Stock, s. 27. 
 Dividends, s. 28. 
 Shares and their Transfer, s. 29. 
 Shareholders, s. 30. 
 Municipalities taking Stock, s. 31. 
 By-laws, Notices, s. 32. 
 Working of the Railway, s. 33. 
 Actions for Indemnity ; and Fines, 
 
 and Penalties, ss. 34, 35. 
 General Provisions, s. 36. 
 
 Part Second. 
 
 Application of Sections, ss, 37, 38 
 Proceedings where additional space 
 
 required, ss. 39-4li. 
 Inspection of Railways, &c., ss. 
 
 43-07. 
 Railway Inspection Fund, s. 08. 
 Traffic Arrangements, as. 09-72. 
 
 Appointment of Constables, ss, 
 
 73-78. 
 General Provisions, ss. 79-100. 
 Interest or Rent, when deemed 
 
 working expenses, s. 101. 
 Penal Clauses, p. 137 
 
 HER MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario 
 enacts as follows : ' 
 
 SHORT TITLE (a). 
 
 1. This Act may be cited as " T/te Raihvay Act of Ontario." Short title. 
 
 /«/» Incorporated into the Hainilton and North- Western E.-!lway Act. 35 V, c 
 Q 
 
 I 
 
84 
 
 R. S 0. 
 
 ij 
 
 I 
 
 I 
 
 THE RAHAVAY ACT OF ONTARIO. 
 INTEIll'RKl'ATION (tt). 
 
 Cap. 10.'). 
 
 Interpretation ^ !•' the con.struction of this Act the following wonls an.l 
 of wordB. t'X))ies.sionH shall have the meanings hereby assigned to them, 
 
 unless there is something in tl»e subject or context repugnant 
 
 to such construction that is to say ; — 
 
 "The Speclul (1) " '^J»e Special Act " shall he construed to mean any Act 
 Act."" authorizing the construction of a railway, and with which this 
 
 Act is incorporated ; 
 
 'Prescribed.' 
 
 "The Lands. 
 
 "The ITnder- 
 takinK." 
 
 (2) " Prescribed," used in this Act in reference to any matter 
 herein stated, shall be construed to refer to such matter as the 
 same is prescribed or provided for in the Special Act ; and the 
 sentence in which such word occurs shall bo construed as if, 
 instead of the word " prescribed," the expression " prescribed 
 for that purpo.se in the Special Act " had been used ; 
 
 ■ (3) " Tlij Lands " shall mean the lands which by the Special 
 Act are authorized to be taken or used for the purpose thereof ; 
 
 (4) " The Undertaking" .shall mean the railway and works 
 of whatever description, by the Special Act authorized to be 
 executed. C. S. C. c. G5, s. 7 (1-4) 
 
 Interpretation SI. The following words and expressions, both in this and the 
 "f words in Special Act, shall have the meanings hereby assigned to them, 
 t IS c an ^jijjg^g there is something in the subject or context repugnant 
 to such construction, that is to say : 
 
 in Special 
 Acts, 
 
 " Lands." 
 
 " Lease." 
 " Toll." 
 
 " Goods." 
 
 County." 
 
 "Highways." 
 
 (1) " Lands " shall include all real estate, messuages, lands, 
 tenements, and hereditaments of any tenure ; 
 
 (2) " Lease " shall include any agreement for a lease ; 
 
 (3) " Toll " shall include any rate or charge or other payment 
 payable under this Act or tlie Special Act for any passenger, 
 animal, carriage, goods, merchandize, articles, matters, or things 
 conveyed on the Railway ; 
 
 (4) " Goods " shall include things of every kind conveyeil 
 upon the Railway, or upon steam or other vessels connected 
 therewith ; 
 
 (5) " County " shall include nny union of bounties. County, 
 Riding, or like division of a County in the Province ; 
 
 (0) "Highways" shall mean all public roads, streets, lanes> 
 and other public ways and communications ; 
 
 . (7) 
 
 (o) Incoriiorated into the Hamilton and North-Westem Kailway Act. 35 V. c. 
 55, s. 2, p. 30. 
 
 II, S. 0, 
 
 (7) "i 
 compete 
 lands is 
 Peace, tl 
 the Peac 
 or Clerk 
 or place 
 «|UeHtion; 
 situate n 
 place, th 
 Sherirt" ( 
 Riding, ; 
 situate ; 
 
 (8) "J 
 District, 
 matter rt 
 not inter 
 re.sj)e(!t o 
 sitiiate m 
 City, or ] 
 for the 1 
 any part 
 ^iuch mail 
 
 ^ (9) "0 
 •Special A 
 any land; 
 <lone witl 
 to mearx a 
 this Act, ( 
 Would be 
 
 (10) '-I 
 authorizec 
 
 (11) '"] 
 the Specif 
 
 (12.) " 
 or any otl 
 ate numbt 
 
 (13.) « 
 hoULr of 
 include th 
 <\ c. GG, s. 
 
 4. Whe: 
 
 (") Incorpni 
 
 oj, s. a, p. ao. 
 
 ■fatuti^masmmaaammti 
 
Si 
 
 ':. r. 
 
 II. s. 0, 
 
 THK IIAILWAY ACT OK o.VTARIo. 
 
 Cap, 1G.5. 
 
 85 
 
 (7) ;*«hmff' shall include Un.Ior Sheii?r, or otlior Icml " sheriff •• 
 compotont Deputy ; au.l wlu-ro any matter in relatiVm t< any 
 ian.ls IS re(|,ur,Ml to bo done by any Shentf or Clbrk of tho 
 oaco. the expreasu,u "tho SheriH/' or 'he expression " Tlerk of 
 the^Peaco shall in such ea-.^ !,« construed td mean the Sheriff e-c u r 
 vrCork of the Pen<^ of the District. County. Hiding Divs on the'iw" 
 o place where such lands are situate; and if the Ian.ls in 
 .luest.on. being the property of one and the san.e party are 
 s.tuate not wholly m one District, (Jounty, Ki.iing. D v.s ^^ .'r 
 place the same expression shall be construed to mean the 
 RiTi^;" or < 'lerk of the Peace of any such DistHct Count^ 
 IlluaS • ' ""' ''^^'' ^^"'■^ ""^^ P^^^ "^ «"^h lands ar^e f,,j 
 
 DiSi.'/r"'^'''! " 't'^ll "'•'«" .'^"^'tice of the Peace acting for the "Justice." 
 Distnct. County, Ruling. Division, City, or place where the 
 ..mtter requiring the cognizance .f a Justice arises! and who is 
 nlTr^V"/'?"'"'*'"'^' ,^d^,,,,., the matter aries in 
 
 Se not wh 'l.^'" ''''y '^ ^^"« '"^•^ ^he same party" 
 
 Mtuate not wholly i. ,. ,;stnct, County, Ridin.r Divisi.m 
 
 (9) " Owner," (where, under the provisions of this Act or the " n 
 
 w lands 'o?^ r'"*^ " '"'i"^'^ '"' ^« ^'-" ^« the olner of "'"^'• 
 ; one vvifh'fh' "^^''^^7 ^«t is authorized or rcjuired to be 
 lone with the consent of any such owner) sliall be understood 
 
 his Ac't Z^hTT^'^'lVl P""'^^'^ "^«' "^^^'^ ^'= ^ provisionTof 
 
 a.i^^iiZX^he ^ ■^ill S^ — ,^ STSa^ ^^^^ -.-- 
 
 tiit Special Act authorized to be constructed ; way-" 
 
 (l^.) ''Clause" shall moan any separate section nf Hn'a A,f 
 
 (13.) "Shareholder" shall mean every subscriber to m- .. u, 
 
 l:^!;;^^^:^ ^^^'^^ undortaIdng.andi^al/lSendto^m i:^:-" 
 C. c GG, s! 7^(5!iy)^^ representatives of the shareholder. C. S. 
 
 APPLICATION OF ACT (a). 
 
 4. Where not otherwise expressed, this and the following Application of 
 
 ^ ,"~— I ^ . sections '^^'*- 
 
 :.:.I'i J.^-J^^-t-d-ith the Hamilton and ^orti..V^t.mii^,yl[^fy~ 
 
t' 
 
 86 
 
 R. S. O. 
 
 THK RAILWAY ACT OF ONTARIO. 
 
 Cap. 10.5 
 
 I 
 
 I 
 
 Hcctions to tilt) tliirty-Hixth, iHolusive, shall apply to every 
 railway which is .sultject to thu Icgislativi' authority of the 
 Lej^'i.slaturo of tliis I'rovince, and has been authorizuil to he 
 constructed hy any Special Act of the late Province of Canada 
 or of thi.i Province, passed sinoo the thirtieth dny of August, 
 one thousanil ei^ht hundred antl fifty-one, or is authorized to 
 be constructed by any Hpecial Act passed after this Act take- 
 effect; and this Act shall he incorporated with every such 
 Special Act; and all the clauses and j)rovisions of this Act, 
 unless they are expressely varied or excepted by any sueli 
 Special Act, shull apply to the undert living' r.'Uiorized thereby, 
 so far as ai)plicablo to the nndertakinj?, and 8lMll,as well as the 
 clauses and [uovisions of every other Act incorporated with 
 such Special Act, form part of such Special Aet, and be con- 
 strued io<,'ether then^w'th as fonning one Act. C S. C. c. Gti, s. 2. 
 
 WJiat Hiiiiii bo 5. Every Special Railway Act shall be a Public Act (h), and 
 inaklnl"an"in^ ^'^'*" *'''*^ P^H'*^^^^ incorporating this Act or -vny of its provi- 
 corpomtiim of sions with a Special Act, it shall be sufficient in s ich Act to 
 Specianvrtn"' '''"^.ct, that the clauses of this Act, with respect to the matter 
 so proposed to be incorporated, referring to the same in th" 
 word or woids at the head of an introductory to the enactment 
 with respect to such matter, shall be incorporated with such 
 Special Act, and thereupon all the clauses an 1 provisions of 
 this Act, with respect to tlie matter so incorporated, shall, save 
 in so far as they are expressly vai-iod or excepted by such 
 Special Act, form part thereof, and such Special Act shall be 
 construed as if the substance of such clauses and provisions 
 were set forth thc-nn witli reference to the matter to which 
 such Special Act relates. C. S. C. c. GO, s. 123 and 3. 
 
 Power to con- 0. The power given by the Special Act to construct ^he Rail- 
 
 &c"'^to'^'te^ex' "^'^y' *''"'^ ^^ ^^^^ *""^ "•'^^ lands for that j)Ui'pose, shall be cxer- 
 erciHed sub- cised subject to the provisions and restrictions contained in thi^ 
 ^ n" '"f'T. • Act. C.'S. C. c. 00, s. 4. 
 
 V.HIOUH of this ' 
 
 Act. 
 
 ComiicnRiition 1. For tho vaiue of lands taken and for all damages toland^ 
 biui'lsdV iigeU injuiiously afi'ected by the construction of the Railway in thi 
 exercise of the powers by this or the Special Act, or any Act 
 incorporated therewith, vested in the Company, compensation 
 shall be made to ^lie owners and occupiers of, and to all other 
 persons interested in any lands so taken or Injuriously aflecteil. 
 C. S. C. c. GO, ,". 5. 
 
 How cornpen 
 nation to ha 
 deterinini!il. 
 
 2. Unless otherwise specially provided by this Act or the 
 Special Act, the amount of such compensation shall be ascer- 
 tained and deteradned in the manner j)rovided b\' liiis Act. 
 C. S. C. c. 00, s. 0. 
 
 INCORPORATION 
 
 (6) In C. S. C. this i>art of the section was under " 19. General Provisions." 
 C. S. C. e. 00, s. 12;J. 
 
R. S. O. 
 
 TIIK llAlf-WAV ACT OF ONTARIO. 
 
 Cap. 1G.'), 
 
 b\ 
 
 iNCORPORAI'ION (a). 
 
 8. Every company cstublishod under any Special Act, uliali ''""ii-'H'i"" 
 he a body corj)orate ur-der the name .leclared in the Special Art, ;';''"'r'''s"''' 
 and sliall be invested with all such powers, i)riviK'ges, and' AaH,''.l'Jiarea 
 iminnnities as are ncc<'nary to ea ry into ofi'ect the intentions '" ''" '""""2 
 and objects of this Act and of the Special Act therefor, and aie ''"''''"■"'*'• *'''* 
 incident to such corporation, or are expressed or included in u.,v «4f„f i 
 • The InterprHalioii Act." (b) C. S. C. c. (Hi, s. 8, " 8 (24) ' "' ' 
 
 » 
 
 POWKHS (c). 
 le (.V'liipany shall have power a;i<i autliorit) 
 
 Powers ! 
 
 1. To receive, hold, and take all vo .itar^ jrrants and dona- T., meive 
 tiuns (it liMid or other pioperty made to it, to aid in the con- «''^"t«uni.nil, 
 htniction, maintenance, and accommodation of the railway, but *'^^' 
 the same shall be held and used for the purpose of such cri'ants 
 or donations only ; C. S. C. c. 00, s. \) (1). * 
 
 :2. To purchase, hold, and take of any corporation or person p„ ,, 
 !Uiv' land or other propei-ty necessary for the construction, lanlh"*^" 
 maiiitenance, accouunodution, and use of the railway, and also 
 to alienate, sell, or disp(wo of the same ; 0. S. C. c. Gu, s. !) (2). 
 
 •■i. No Railway Company heretofo;;e or hereafter authorized Occupy pub- 
 to be constructed, shall take possession of, use, or occupy any l''^' >a'"l-^. 
 lands vested in the Province, without the consent of the Lieu- '""*^*'*''' *'-'- 
 teiiant-Crovernor in Council ; but with such consent any .such 
 com])any may take and appropriate for the use of th(;if rail- 
 way and works, but not alienate, so much of the wild lands of 
 till' Crown lyin^' on the route of the railway as have not been 
 granted or sold, a.id as may be necessary for such railway, as 
 also so much of the public beach or of the land covered vvith 
 the ■>vaters of any lake, rivei-, stream, or canal, or of their re- 
 spective leds, as is neces -ary for making and completing and 
 using their said railway and v/orks, but nothing In this sub- 
 section containeil shall apply to or attect the thirty-firot para- 
 graph of the el(!venth section of chapter sixty-six of +i^o Coj- - 
 solidated Statutes of Canada ; C. S. C. c. (iO, s. 9 (3) & aS (d). 
 
 [C. S. a c. 00, s. 11 (31), is asfollorvs : 
 
 (31.) Whenever ifc ia necessary for the Company to occupy any part of As to l<in.i« 
 
 he lands belonging to the Queen, reserved for naval or military purposes, iVlnJn" t„ 
 
 they shall farst apply for ar.d obtain the license or consent of Her Majesty, Her Mafesty, 
 
 under *''• 
 
 (a) Incorporated into the Hamilton and North- West.' rn Raiiwav Act 35 V c 
 00, 8. iJ. p. SO. J t • • 
 
 (b) B. S. O. c. 1, 8. 8 (24). 
 
 ((•) Incorporated into th3 Hamilton and North-Western Railway Act, 35 V c 
 ■55, a. 2, p. 30. J t • 
 
 A. y^ I" ^\ ^- ^- *•'" -"-ction was under " General Provisions for all Railwavg ' 
 1:1. Landd and their valuation." (J. S. U. c 66, s. 133. "" 
 
ill 
 
 88 
 
 R. S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 CAP; l(Jo. 
 
 Sec c. s. a c. 
 (it;, «. lao. 
 
 under the hand and seal of the Governor, and having obtained such license 
 and consent, they may at any time or times enter into and enjoy any of 
 the anid lands for the purposes of the railway ; but in the case of any 
 such naval or military reserves, no such license or consent shall be givon 
 except upon a report first made thereupon by the naval or military au- 
 thorities in which suth lands are, for the time being, vested, npproviim nf 
 such license and consent being so given as aforesaid. 14, 1.'), V. c. 51, s. 
 n.J(a) 
 
 (if cmiiiiiii' 
 tions, and 
 (itlifis ; 
 
 Carry railway 4. To make, cariy, or place the railway across or upon the 
 acn).s.s lands lands of any coiporation or person on tlie"^ line of the railway, 
 or within the distance from such line stated in the Special Act, 
 although through error or other cause, the name of such party 
 has not been entered in the book of reference hereinafter men- 
 tioned, or although some other party has been erroneously 
 mentioned as the owner of or entitled to convey, or is interested 
 in such lands ; C. S: C. c. GG, s. 9 (4). 
 
 And across or 5. To Construct, maintain, and work the railway across, alono' 
 along streams, or upon any stream of water, water-course, canal, highway, ov 
 railway which it intersects or touches; but the stream, water 
 course, highway, canal, or railway so intersected or touched, 
 shall be restored by the company to its former state, or to such 
 state as not to impair its usefulness ; but this shall not author- 
 ize the obstruction of the navigation of any naviirable water • 
 C. S. C. c. GG, s. 9 (5). 
 
 Complete 
 railway with 
 one or more 
 tracks, &c.; 
 
 G. To make, complete, alter, and keep in repair the railway 
 with one or more sets of ruils or tracks to be worked by the 
 force and power of steam, or of the atmosphere, or of animals, 
 or by i-.echanical power, or by any combination of them : C. 8. 
 C. c. GG, s. 9 (G). 
 
 7. To erect and maintain all necessary and convenient build- 
 ings, stations, depots, wharves and fixtures, and from time to 
 
 Erect neces- 
 sary build- 
 ings, wharves, .^ - i . ' - ' — •" V- 
 
 &c. time to alter, re[)an-, or enlarge the same, and to purchase and 
 
 acquire stationary' or locomotive engines and carriages, waggons, 
 floats and other machinery and contrivances necessary for the 
 accommodation and use of the passengers, freight, and business 
 of the railway ; C. S. C. c. GG, s. 9 (7). 
 
 Branch rail- 
 ways; 
 
 8. To make branch railways, if required and provided by the 
 Special Act, and to manage the same, ana for that ]>urposo to 
 execcise all the poweis, privileges and authorities necessary 
 therefor, in as full and ample a manner as for the railwav ; C, 
 
 S.C.c. GG, s. 9 (8). ^ 
 
 All other mat- 9. To construcc, ei-ect, and make all other matters and things 
 ters and neccssary and convenient for the making, extending and using 
 
 of the railway, in pursuance of and according to the meaning 
 and intent of this Act, and of the Special Act ; C. S. C. c. GG. 
 
 s.9(9). 
 
 ^__ 10. 
 
 (a) In C. S. C. this section was under " 6. Lands and their Valuation." C. S. C. 
 c. C6, s. llj jub-H. m. 
 
 things neces- 
 sary for rail- 
 way. . 
 
m 
 
 R. S. 0. 
 
 THE RAILWAY ACT OF ONTAUIO. 
 
 Cap. 165. 
 
 89 
 
 10. To take, transport, carrj-- and convey persons and ^oods Convey iht- 
 on the railway, to regulate the time and manner in which tlie ''""^•'^"^l fe'oods 
 same shall be transported, and the tolls and compensation to °" '■'"'''''y ' 
 he paid therefor, and to receive such tolls and compensation : 
 
 C. S. C. c. G6, s. 9 (10). 
 
 11. To borrow, from time to time, either in this Province or Bonow m». 
 elsewhere, such sums of money as may be expedient for com- "''^'' '^*^' 
 pleting, maintaining, and working the railwa\ ,and at a rate of 
 interest authorized by the laws of Canada, but not exceeding 
 
 eight per cent, per annum, and to make the bonds, debentures', 
 or other securities granted for the sums so borrowed, payable 
 either in currency or in sterling, and at such place or places 
 within this Province or without as may be deeined advisable, 
 and to sell the same at such prices or discount as may be 
 deemed expedient, or be necessary, and ti' hypothecate, mort- 
 gage, or pledge the lands, tolls, revenues, and other property of 
 the company for the due payment of the said sums and the in- 
 terest thereon, but no such debenture shall be for a less sum 
 than one hundred dollars ; C. S. C. c. GG, s. 9 (11). 
 
 12. To 
 
 property of ^^ 
 
 into and upon the lands of any corporation or person whatso- 
 ever lying in the intended rJute or line of the railway : C S C 
 
 c. GG, s. 9 (12.) ^ 
 
 ■m 
 
 
 enter into and upon any lands of Her Majesty, the Enter upon 
 
 of this Province, without previous license therefor, or uZl'^lT^^''^ 
 „r,^v, +V,^ 1 1„ „e . I- , .' lands, &c. 
 
 13. To make surveys, examinations, or other necessary ar- Make surveys 
 rangements on such lands necessary for fixing the site of the "^ ^*°^^ ' 
 lailway, and to set out and ascertain such parts of the lands 
 
 as are necessary and proper for the railway ; C. S. C. c. GG. 
 s. 9 (13.) 
 
 14. To fell or remove any trees standing in any woods, lands, Remove trees 
 or forests, where the railway passes, to the distance of six rods 
 
 from either side thereof ; C. S. C. c. GG, s. 9 (14.) 
 
 15. To cross, intersect, join, and unite the railway with any Tlnitewith 
 other railway at any point in its route, and upon the lands of ot^*^'' ™l- 
 such other railway, with the necessary conveniences for the '^^^^' 
 purposes of such connection ; and the owners of both railways 
 
 may unite in forming such intersection, and grant the facilities 
 therefor ; and in case of disagreement upon the amount of com- 
 |)ensation (a) to be made therefor, or upon the point or manner 
 of such crossing and connection, the same shall be determined 
 by arbitrators to be appointed by a Judge of one of the Supe- 
 jior Courts of this Province ; C. S. C. c. GG, s. 9 (15.) 
 
 16. 
 
 {a) The provisions for the ascertainment of compensation shall net extend to ap- 
 ply to any railway incorporated under an Act of the Legislature of Ontario in any 
 case in whicn it is proposed that such railwav shall cross, intersect, join or unite 
 w ith, or be crossed, intersected, joined or united with a railway under the letfisla- 
 tive control of Canada. See 42 V. c. 27, s. 1, p. 100, and 42 V. (Can.), c. 9, s. 7, 
 ss. 15, 16, p. 174. > /I 1 > 
 
 I 
 
m 
 
 90 
 
 R. S. 0. 
 
 THE RAILAVAY ACT OF ONTARIO. 
 
 Cap. 105. 
 
 11 
 
 t 
 
 :Hfc» 1 
 
 But not With- 16. No railway company sliall avail itself of any of the 
 out applica- powers contained in the last snb-.section without application to 
 cZraissioner the commissioner of public works, of which application notioo 
 ofTublic in writing shall be given to any other railway atiectcd, by 
 ^^°''''' sending the same by mail, or otherwise, to the address of the 
 
 prcsidwit, superintendent, managing director or secretary of 
 any such railway company, for approval of the mode of cross- 
 ing, union or intersection proposed ; and when such approval 
 has been obtained, it shall be lawful for either railway, in case 
 of disagreement as to the amount to be paid for conipensatioii, 
 (a) to proceed for such com])ensation as provided in the said 
 sub-section ; but this sub-section shall not apply to anythins,' 
 done before the thirtieth of June, 18JS : C. S. C. c. GO, ss. 180, 
 132; 37 V. c. 36,s. 1 {h). 
 
 Any railway 17. Any railway company heretofore or hereafter incorpor- 
 
 conipanymay g^^^^ may construct a branch or branches not exceeding six 
 
 branch'rail- milcs in length from any terminus or station of the railway cf 
 
 ways, on cer- gych company, whenever a by-law sanctioning the same has 
 
 Uons!""'"" been passed by the municipal council of the municipality within 
 
 the limits of which such propo.sed branch is situate, and no 
 
 such branch shall, as to the quality and construction of tlie 
 
 road, he subject to any of the restrictions contained in the 
 
 Special Act of incorporation of such company or in this Act, 
 
 nor shall' anything in either of the said Acts authorize an}- 
 
 company to take for such, branch any lands belonging to an>- 
 
 party without the consent of such i)arty first obtained ; C S. ( '. 
 
 c. 6(J, s. 128 (f). 
 
 18. Any railway company heretofore or hereafter incorpor- 
 ated, which desires at any time to change the location of its 
 line of railway in any particular })ai't for the purpose of lessen- 
 ing a curve, reducing a gradient, or otherwise benefitting such 
 line of railway, or for any other purpose of public advantage, 
 may make such change ; and all the clauses of this Act shall 
 refer as fully to the part of any such line of lailway so at k .y 
 time changed or proposed to be changed as to the original line ; 
 but no railway company shall have any right to extend its line 
 of railway beyond the termini mentioned in the Act incorpor- 
 ating such company ; but this sub-section shall not apply to 
 anything done before the 30th of June, 1858 : C. S. C. c. GO, ss. 
 129 and 132 ((/). 
 
 PLANS AND SURVEYS (c). 
 
 Provision re- 10. Plans and surveys shall be made and corrected as fol- 
 
 spt'cting 8ur- !„,„„ 1 
 veys & levels. lo^S : '■ 
 
 (a) See note (a) to sub-s. 15, p. 89. 
 
 (6) In C. S. y. tluH and the two following Hub-sections were contained undiT 
 "General proviHiuns for all railways." " 20. Powers." See C. S. C. c. GG, ss. 1:50, 
 128, 129, 132. 
 
 ((•) See last note. 
 
 ((/) See note (6) to subs. IT), itvprn, 
 
 ([) Incorporated into the Hamilton and North-Western Railway Act, 35 V. <:. 
 55, 8. 2, p. 30. 
 
 Changes may 
 be made in 
 the line of a 
 railw.ay at 
 any time for 
 certain pur- 
 poses. 
 
 .5. 
 
R. S.O. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. J 65. 
 
 91 
 
 1. Surveys and levels shall be tjiken and made of the lands Suweys and 
 through which the railway is to pass, together with a map or [ake'a.*^ '^"^ 
 iilan thereof, and of its course and direction, and of the lands 
 intended to l)e passed over and taken therefor, so far as then 
 ascertained, and also a book of reference for the railway, in Boo'c of refe- 
 which shall be set forth : '^*^"'-'''- 
 
 (a) A general description of the said lands ; 
 
 (h) The names of the owners and occupiers thereof, so 
 far as they can be ascertained ; and 
 
 ((■) Eveiything necessary for the right understanding 
 of such map or plan ; C S. C. c. GG, s. 10 (1). 
 
 2. The map or plan and book of reference shall be examined Ky whom cer- 
 and certified by the commissioner of crown lands or his depu- t'*'*-^- 
 
 tics, who shall deposit copies thereof in the oHice of the clerks 
 ■of tlie peace in tlic districts or counties. through which the rail- 
 way passes, and also in the oHice of the provincial secretary, 
 and shall also deliver one co|)y thereof to the said company ; 
 C S. C. c. GG, s. 10 (2) ; 23 V. c 2, s. 4. 
 
 *>. Any person may resort to such copies, and make extracts Copies, 
 or copies thereof, as occasion reciuires, paying to the provincial 
 secretary, or to the clerks of the peace, at the rate of ten cents 
 for every hundred words ; C S. U. c. GG, s. 10 (3). 
 
 4. The triplicates of such map or plan and book of reference Evidence, 
 so certitied, or a true copy thereof certified by the provincial 
 secretary, <r by the clerks of the peace, shall be good evidence 
 in any court of law and elsewhere ; C. S. C. c. GG, s. 10 (4). 
 
 •'>. Any omission, mis-statement, or erroneous description of OmisHions iiow 
 such lands or of the owners or occupiers thereof, in any map or '"'''"'^'^•ed. 
 book of reference, may, after giving ten days' notice to the 
 owners of such lands, be corrected by two justices on applica- 
 tion made to them for that purpose, and if it a])pcars to them 
 that such omission, mis-statement, or erroneous description 
 arose from mistake, the justices shall certify the same accord- 
 ingly ; C. S. C. c. 6G, s. 10 (5). 
 
 6. The ccrtiticate shall state the particulars of any such omis- Content:* of 
 sion, and the manner thereof, and shall be deposited with the clerks <="'"*'»'^'^'''^'^- 
 of the peace of the districts or counties respectively in which such 
 lands are s:tuate. and be kept by them along with the other 
 documents to which they relate ; and thereupon, such map or 
 plan or book of reference shall be deemed to be corrected ac- 
 cording to such certificate ; and the company may make the 
 railway in accordance with the certificate : C. S. C. c. GG, s. 
 10(6). 
 
 I 
 
M 
 
 11 
 
 if 
 
 
 ii 1 
 
 
 ■' 1 
 
 
 
 
 ' i 
 
 
 ::if 
 
 i 
 
 i : 
 
 
 : 
 
 1 
 
 
 1 
 
 1 ' 
 
 w 
 
 ll; 
 
 92 
 
 1\. S. 0, 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. IGj. 
 
 &c, 
 
 Alterations 7. If any alterations from the original plan or survey are iii- 
 fn.m oriRinal ^QJ^^\Q^[ ^q \,c made in the line or course of the i-ailway, a plm 
 suivey. ^^^^ section in triplicate of such alterations as have been ap- 
 
 proved of by the Legislature, on the same scale and containinj^- 
 the same particulars as the original plan and survey, shall be 
 deposited in the same manner as the original plan, and copies 
 or extracts of such i)lan and section, so far as relate to the seve- 
 ral districts or counties in or through which such alteratiniis 
 have been authorized to be made, shall iie deposited witli_ tl\e 
 clerks of such districts and counties ; C. S. C. c. (i(i, s. 10 (7;. 
 
 itailwaynotto 8. Until such original map or plan and book of reference, or 
 w ti'Tntn'''' ^^^ plans and sections of the alterations, have been so de]K'^it- 
 "lap, &c., lie- ed, the execution of the railway, or of the part thereof affected 
 posited. \yy ^}jg alterations, as the case may be, shall not be proceeiled 
 
 with ; C. S. C. c. CO, s. 10 (8). 
 
 Clerks of the 9. The clerks of the peace shall receive and retain the copies 
 cewTe*u,[e8 of ^i the Original plans and stu'veys, and copies of the plans and 
 ri^inal plan, sections 01 alterations, and copies and extracts thereof respec- 
 tively, and shall permit ail persons interested to inspect any cf 
 the documents aforesaid, and to make copies and extracts of 
 and from the same, under penalty for default of four dollars . 
 C. S. C. c. (JG, s. 10 (9). 
 
 10. The copies of maps, plans, and books of reference, or of 
 Hed by c.erk ^j^y alteration or correction thereof, or extracts therefrom, cer- 
 tified by the clerk of the peace, shall be received in all courts 
 of justice or elsewhere, as good evidence of the contents there- 
 of, and the clerk of the peace shall give such certificate to all 
 parties interested when required ; C. fe. C. c. GO, s. 10 (10.) 
 
 11. No deviation of more than one mile from the line of tho 
 railway or from the places assigned thereto in the said map or 
 plan and book of reference, or plans or sections, shall be made 
 into, through, across, under or over any part of the lands not 
 shewn in such map or plan and book of reference or plans or 
 sections, cr within one mile of the said line and place, save in 
 sach instances as are provi<led for in the Special Act ; C. S. C. 
 s. 66, s. 10 (11). 
 
 ihrorin the 12. The railway may be carried across or upon the lands of 
 son"entei^d in ^^Y P^^rson on the line, or within the distance from such line as 
 aforesaid, although the name of such person has not been en- 
 tered in the book of reference through error or any other cause, 
 or although some other person is erroneously mentioned as the 
 owner of or entitled to convey, or is interested in such lands ; 
 C. S. C. c. 66, s. 10 (12). 
 
 Map, &c., of 13. Amap and profile of the completed railway and of the land 
 [(jg^hfth'e^* taken or obtained for the use thereof, sliall, within a reasonable 
 
 time 
 
 Copies certi 
 tied by c'.erl 
 t(i be L'ood evi 
 
 dence in 
 
 (■OlU'tS. 
 
 liine not to 
 deviate more 
 than a mile. 
 
 a book of re 
 ference. 
 
!H- 
 
 E. S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. 1G5. 
 
 93 
 
 the 
 )ner 
 
 time after completion of the undertaking, be made and filed in office of tli 
 the office of the counnissioner of public works, and like maps of"j"[i^lii!'' 
 of the parts tliereof located in different counties shall be filed woikH. 
 ill the registry ofiice for the counties or other registration divi- 
 sions in which such parts are respectively situated ; C. S. C. c. 
 (it;, s. 113 (a). 
 
 14. Every such map shall be drawn on such a scale and such On what scnU- 
 paper as may from time to time be designated for that pur- be'Vnvw'n ^'^ 
 pose by the commissioner of public works, and shall be certified 
 and signed by the president or engineer of the company ; C. S. 
 (I c. Gli, s. 114 (b). 
 
 LANDS AND THEIR VALUATION (c). 
 
 II. The lands which may be taken without the consent of Extent of 
 the proprietor thereof shall not exceed thirty yards in breadth, laken without 
 except in places where the railway is raised more than five conHeut of pro- 
 feet higher, or cut more than five feet deeper than the surface p™**""- 
 of the line, or where ofisets are established, or where stations, 
 depots or fixtures are intended to bo erected, or goods to be 
 delivered, and then not more than two hundred yards in length 
 l)y one hundred and fifty yards in breadth, without the con- 
 sent of the person authorized to convey such lands ; and the 
 places at which such extra breadth is to be taken shall be 
 shown on the map or plan, or plans or sections, so far as the 
 same are then ascertained, but their not being so shown shall not 
 jtrevent such extra breinlth from being taken, provided it be 
 taken upon the line shown or within the distance aforesaid 
 from such line ; C. S. C. c. 6G, s. 10 (13) {d). 
 
 19. The extent of the public beach, or of the land covered Extentof pub- 
 with the waters of a.iy river or lake in the province, taken for |'<= ^Deach to be 
 the railway, shall not exceed the quantity limited in the next 
 preceding clause ; C. S. C. c. 6G, s. 10 (14) (e). 
 
 13. All corporations and persons whatever, tenants in tail Corporation, 
 or for life, guardians, curators, executor.s, administrators, and fgy'i^nls.*^""' 
 all other trustees whatsoever, not only for and on behalf of 
 themselves, their heirs and successors, but also for and on be- 
 half of those whom <' jy represent, whether infants, issue un- 
 born, lunatics, idiots, femes covert, or other persons seised, pos- 
 sessed of, or interested in any lands, may contract for, sell, and 
 convey unto the company all or any part thereof ; C. S. C. c. 
 07, s. 11 (1). 2. 
 
 (a) This Bub-seetion in C. S. C. was under "19 General Provisions" C. S. C. c. 
 G6, a. 113. 
 
 (6) This sub-section in C. S. C. was under " 19 General Provisions " C. S, C. c. 
 00, 8. 114. 
 
 (c) Incorporated into the Hamilton and North-Western Railway Act, 35 V. c. 
 55, 8. 2, p. 30. 
 
 [d) This section and section 12 C. S. C. were under " 5 Plans and Surveys "C, 
 S. C. c. 66, s. 10, Hub-8. 13, 14. 
 
 («) See last note. 
 
 -M 
 
 '\\'- 
 
 
 mmA 
 
 I 
 
«4 
 
 R. S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. 10.') 
 
 Limitation of 
 powerH in cer- 
 tain cases. 
 
 2. But the powers by the preceding sub-section conferred 
 upon rectors in possession of glebe lands, ecclesiastical and 
 other corporations, trustees of land, for church and other pur- 
 poses or either, executors appointed by wills in which they are 
 invested with any power over the real estate of the testator, ad- 
 ministrators of persons dying intestate, but at their death seised 
 of real estate, shall only extend and be exercised with respect to 
 any of such lands actually required for the use and occupation 
 of any railway company; C S. C. c. GO, s. 11 (1); 24 V. c. 
 17, s. 1. 
 
 ifiiJ' 
 
 t 
 
 \ 
 
 I 
 
 i 
 
 Ktftct of sale 14, Any contract, agreement, sale, conveyance, and assur- 
 ■"■•'s' -t T'^'^'^' ance made under the preceding section, shall be vali<l and 
 . '" " ' effectual in law to all intents and purposes whatsoever, and 
 shall vest in the railway company receiving the same, the fee; 
 simple in the lands in such deed described, freed, or discharged 
 from all trusts, restrictions, and limitations whatsoever, and the 
 corporation or person so conveying, is hereby indemnified for 
 what lie or it respectively does by virtue of or in pursu- 
 ance of this Act ; O.S.C. c. 66, s. 11 (1), 24 V. c. 17, s. 1. 
 
 l)is])<)sitiou of 1*5. The company shall not be responsible for the disposition 
 iii!!iiey""^ of any purchase money for lands taken by it for its puri)osos, 
 
 if paid to the owner of the land or into court for his benefit, as 
 
 hereinafter provided ; 24 V. c. 17, s. 2. 
 
 Effect of con- !<}, Any contract or agreement made by any party author- 
 More "deposit ^^®'^ ^y ^^^^^ ^^^ ^*^ convey land, and made before the deposit of 
 of map. the map or plan or book of 'eferenco, and before the setting 
 
 out and ascei-taining of the lands required for the railway, shall 
 be binding at the price agreed upon for the same lands, if 
 they are afterwards so set out and ascertained witliin one year 
 from the date of the contract or agreement, and though such 
 land may, in the meantime, have become the property of a third 
 party, and possession of the land may be taken and the agree- 
 ment and price may be dealt with, as if such price had been fixed 
 by an award of arbitrators as hereinafter provided, and the 
 agreement shall be in the jdace of an award ; C. S. C. c. 66, s. 
 11 (2). 
 
 Corporations 
 who cannot 
 sell, may 
 agree upon a 
 fixed rent. 
 
 .iiiias.«! 
 
 1 K. All corporations or persons who cannot in common course 
 of law sell or alienate any lands so set out and ascei'tained, shall 
 agree upon a fixed annual rent as an ecpiivalent, and not upon 
 a principal sum, to be paid for the lands ; and if the amount of 
 the rent is not fixed by voluntary agreement or compromise, it 
 shall be fixed and all proceedings shall be regulated in the 
 manner herein prescribed ; and for the payment of the said 
 annual rent, and every other annual rent agreed upon or ascer- 
 tained, and to be paid for the purchase of any lands, or for any 
 part of the purchase money of any lands, which the vendor 
 agree to leave unpaid, the railway and the tolls thereon shall 
 
 be 
 

 R. S. 0. 
 
 THE RAILWAY ACT OF ONTAUIO. 
 
 Cap. 1G5. 
 
 95 
 
 be liable and chargeable in preference to all other claims and 
 demands thereon whatsoever, the deed ci'eating such charge 
 and liability being duly registered in the registry office of the 
 proper county or other registration division ; 0. S. 0. c. GCi, s. 
 11 (3). 
 
 18. Wherever there is more than one party proprietor of any As to tenants 
 land as joint tenant or tenants in common, or any contract or "'^common, 
 agreement made in good faith with any party or parties 
 proprietor or being together proprietors of one-third or more 
 of such land, as to the amount of compensation for the same or 
 for any damages thereto, shall be binding as between the re- 
 maining proprietor or proprietors as joint tenants, or tenants 
 in common ; and the proprietor or proprietors who have so 
 agreed, may deliver j)ossession of such land, or empower the 
 entry upon the same, as the case may lie ; C. S. C. c. GG, s. 
 11(4). 
 
 10. After one month from the deposit of the map or plan After one 
 and book of reference, and from notice thereof in at least one month's notice 
 newspaper, if thei'c is any, published in each of the districts and map7 Ac. ap- 
 counties through which the railway is intendi il to pass, appli- plication to 
 cation may be made to the owners of land or to parties em- laud".^"^"^ " 
 powered to convey lands, or interested in lands which may 
 suffer damage from the taking of materials for the exercise of 
 any of the powers granted for the railway, a,nd thereupon, 
 agreements and contracts may be made with such parties touch- 
 ing the said lands or the compensation to be paid for the same, 
 or for the damages, or as to the mode in which sucli compensa- 
 tion shall be ascertained, as may seem expedient to both parties, 
 and in case of disagreement between them, or any of them, 
 then allquestions which aiise between them shall be settled asin 
 the next section mentioned ; C. S. C. c. 6G, s. 11 (5). 
 
 2. The deposit of a map or plan and book of I'eference, and Deposits, &c., 
 the notice of such deposit, shall be deemed a general notice to noticet'^"'^'^* 
 all such parties as aforesaid, of the lands which will be required 
 for the said railway and works ; C S. C. c. GG, s. 11 (G). 
 
 20. A notice shall be served upon the party which shall Notice to op- 
 
 ••■ ^ •' posits party, 
 
 contain : — 
 
 (<i) A description of the lands to be taken, or of the powers 
 intended to be exercised with regard to any lands (describing 
 them): 
 
 (h) A declaration of readiness to pay some certain sum or 
 rent, as the case may be, as compensation for such lands or for 
 such damages ; and 
 
 (c) the name of the person to be appointed as the arbitrator 
 
 of 
 
n 
 
 R S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. 105. 
 
 of the coiiipany, if tlioir offer bo not nccejitod ; and such notice 
 shall be accompanied by the cei'tificate of a sworn surveyor for 
 Ontario, disinterested in the matter, and not being the arbitra- 
 tor named in the notice : 
 
 (1.) That the land, if the notice relates to the taking of 
 land, shown on the said map or plan, is rccjuired for the 
 railwa}-, or is witiiin the limits of deviation hereby al- 
 lowed : 
 
 
 ii 
 
 g 
 
 (2.) That he knows the land, or the amount of damage 
 likely to arise from the exercise of the powers; and 
 
 (3.) That the sum so offered is, in his opinion, a fair 
 compen.sation for the land, and for the damages as afore- 
 said. C. S. C. c. 60, .s. 11 (7). 
 
 If the party is 2. If the opposite party is absent fioni the district or county 
 ftbaent or un- jjj ^hich the lands lie, or is unknown, then, upon application 
 to a judge of the county court, accompained by such certificate 
 as aforesaid, and V)y an affidavit of some officer of the company, 
 that the opposite party is so absent, or that, after diligent in- 
 quiry, the party on whom the notice ought to be served can- 
 not be ascertained, the judge shall order a notice as aforesaid, 
 but without a certificate, to be inserted three times in the 
 course of one month in some newspaper published in the said 
 district or county. U. S. C. c. 60, s. 11 (8). 
 
 rrovision 3. Wherever any judge of a county court is interested in 
 
 county'jiidge ^^^^^ taken or required, within the county in which he is such 
 is intercHted judge, by any railway company, for railway purposes, any 
 
 quirai'for any J^'^o'^^^ ^^y "^ ^^^^ superior courts, shall, on application of such 
 
 railway. company, exercise in such case all the powers given to such 
 
 judge of a county court by the provisions of this section of this 
 
 Act, in cases in which he, such judge of a county court, is not 
 
 interested. 23 V. c. 29, s. 10 ; 24- V. c. 17, s. 3. 
 
 Tartjr not ac- 4. If within ten days after the .service of such notice, or 
 
 company's^ within one month after the first publication thereof as afore - 
 
 offer, and not said, the Opposite party does not notify to the company his ac- 
 
 '^bitiator! "" ceptance of the sum ottered by them, or notify to them the 
 
 name of a person whom he a))points as arbitrator, then the 
 
 judge shall, on the application of the company, appoint a sworn 
 
 surveyor for Ontario, to be sole arbitrator for determining the 
 
 compensation to be paid as aforesaid. C, J. c. 00, s. li (9). 
 
 Appointment 5. If the opposite party within the same time aforesaid, no- 
 by oppoate""* ^^^^'^ ^^ ^^'^ company the name of his arbitrat(jr then the two 
 arbitrators .shall jointly appoint a third, or if they cannot agree 
 upon a third, then the judge shall, on the application of^the 
 party or of the company (previous notice of at least one clear 
 
 day 
 
 party. 
 
R. S. 0. 
 
 TIIK RAILWAY ACT OF ONTAUIO. 
 
 Cap. 105. 
 
 1)7 
 
 tlay liaving been given to the otlier party), appoint a third 
 Utnitor. C. S. C. c. 60, s. 11 (10). 
 
 ar- 
 
 Tl'^ril arbi- 
 trator. 
 
 ('). The arbitrators, or any two of them, or the sole arbitra- DutieH of 
 
 b 
 
 \H'.i( 
 
 for the (li.« 
 
 bitrators. 
 
 sworn iKiiore some justice of the peace 
 trict or county in which the lands lie, faithfully and impar- 
 tially to perform the duties of their cffice, shall proceed to as- 
 certain the said compensation in such way as they or he, or a 
 iiiajority of them, deem best ; but no award shall be made, or 
 any official act be done by such majority, except at a meeting 
 held at a time and place of which the other arbitrator has haa 
 at least one clear day's notice, or to which some meeting at 
 which the third arbitrator was present, had been adjourned ; 
 and no notice to either of the parties shall be necessary, but 
 each party shall be held sutticiently notified through the arbi- 
 trator appointed by him, or whose appointment he required. 
 C. 8. C. c. OG s. 11 (11). 38 V. c. 1.5, s. 4. 
 
 7. If in any case where three arbitrators have been ap- fjosts hov 
 pointed, the sum awarded is not greater than that offered, the paid. 
 costs of the arbitration shall be borne by the opposite party, 
 and be deducted from the compensation, but if otherwise, they 
 shall be borne by the company, and in either case they may, if 
 not agreed npon, be taxed by the judge aforesaid. 0. S. C. c. 
 OG, s. 11 (12). 
 
 jrs to 
 
 8. The arbitrators in deciding on such value or compensa- Arbitn' 
 tion, are authorized and required -o take into consideration the consider in- 
 
 I-,,,. 111. i 11 1 creased value 
 
 increased value that would be given to any lands or grounds of remaining 
 through or over v/hich the railway will pass by reason of the lai'l'*- 
 passage of the railway through or over the same, or by reason 
 of the construction of the railway, and to set off the increased 
 value that v/ill attach to the said lands or grounds, against the 
 inconvenience, loss, or damage that might be suffered or sus- 
 tained by reason of the company taking porsession of, or using 
 the said lands or grounds as aforesaid. 35 V. c. 25, s. 5. 
 
 f). The arbitrators, or a majority of them, or the sole arbitra- Arbitrators 
 tor, may examine on oath or solemn affirmation the parties, or 'JJfo^'li'"""'^ 
 such witnesses, as appear before him or them, and may adminis- 
 ter such oath or affirmation (a). C. S. C. c. 6G, s. 11 (13) part 
 
 10. Any party to an arbitration under this Act, or 'T/te Parties to 
 Hallway Act, 1868," may, without leave or order, obtain and '^^|j^^**,^j^'^ 
 issue out of any one of the superior courts upon proicipe set- Act oc under 
 ting forth the names of the witnesses to be subpojnaed, the ^^•^^"pi* *'^*' 
 names of the arbitrators, and the place and time of meeting, a aubpwnas. 
 subprena commanding the attendance for examination of any 
 
 witness 
 
 ia) See 31 V. c. 71, s. 4, Dom. 
 
 portion of thia section made any wilfully false state- 
 
 in/ fcjcc ffL T , \;. I -L, n, -r, j^u 
 
 (//) In 0, S. U. the remaiuin 
 jnent perjury. 
 
 ' ''ill 
 ■ iii 
 
 .s ■ 
 
 i li 
 
 !« 
 
I I 
 
 R. S. 0. 
 
 RAILWAY ACT OF ONTARIO. 
 
 Cap. 1G.3. 
 
 witness, and also tho production of any document to or before 
 
 the arbitrator or arbitrators, mi(\ at tli<( tiino and place men- 
 
 DlHohedience tioned in such Hubpo-na ; and the disoluMlience of such s)ib- 
 
 *!r u'h !ulr P<''"* *^^"^' '^'^ deemed a contempt of court, and shall bo punisli- 
 
 r.m .nip o ^^^ ^^^ .^ ^^^ ^^^^^ uiannor and to the like extent as in the (rase 
 
 of Hubptt-nas issued out of such court in a civil case. 38 V. c. 
 15, s. 1. 
 
 11. The same fees shall be payable for such siibpcpnas as in 
 the ca.se of subpn-nas issued out of such superior court in civil 
 cases, and the witnesses shall be entitled to the like conduct 
 money. 38 V. c. 15, s. 2. 
 
 Knirt. 
 
 FfCB and con- 
 duct money. 
 
 DepoBitionB to 
 be HI writing 
 and filed with 
 clerk of re- 
 cordM and 
 writH, with 
 exhibits, &c. 
 
 12. The depositions of 
 tors shall be taken down 
 the making of their awar 
 to therein, and all other 
 except the award, be del 
 mitted by the arbitratoi- 
 the court of chancery, w 
 filed by such clerk with 
 8. 3. 
 
 witnes.ses exannned before such arbi- 
 in writing, and .shall fortliwith aft<M' 
 (1, together with the exhibits referred 
 papers connected \/ith the reference 
 ivered, or by registered letter trans- 
 s to the clerk of records and writs of 
 ith approjtriate stamps, and shall be 
 the records of the court. 38 V. c. 15, 
 
 Time within i^ The judge by whom any third arbitrator or sole arbitra- 
 umit bemade. tor is appointed, shall, at the same time, fix a day on or before 
 which the award shall be ma<le, and if the same is not made 
 on or before such day, or some other day to which the time for 
 making iL has been prolonged, either by the consent of the 
 parties or by the order of tlie judge (as it may be for reason- 
 able cause shown, on the application of such sole arbitrator, or 
 of one of the arbitrators, after one clear day's notice to the 
 other.s), then the sum offered by the company as aforesaid shall 
 be the compensation to be paid by them. C.S. C. c. CG, s. 11 
 (14). 
 
 Arbitrator 14. If the arbitrator appointed by such judge, or if any ar- 
 
 dyinff, &c. bltrator appointed by the ])arties, dies before the awar<l has 
 been made, or is disqualified, or refuses or fails to act within a 
 reasonable time, then, in the case of the arbitrator appointed 
 by the judge, upon the application of either party, such judge, 
 being satisfied by affidavit or otherwise of such death, disquali- 
 fication, refusal or failure, may appoint another arbitrator in 
 b's place, and the company and party respectively may each 
 'nt an arbitrator in the place of his arbitrator, deceased or 
 o' ise, not actinir as aforesaid, but no recommencement or 
 
 rep ion of prior proceedings shall be required m any case. 
 C.h J. c. (JC, s. 11 (15). 
 
 Company may 15. Any such notice for lands, as aforesaid, may be desisted 
 
 fm-Ln "costs froni, and new notice given, with regard to the same or other 
 
 lands, to the same or any other i)arty, but in any such case, the 
 
 liability 
 
11. S. 0. 
 
 TIIK RAII.WAy ACT OF ONTARIO. 
 
 Cap. 1G5. 
 
 99 
 
 liability to the party first notific.l for all daninges or costs by 
 hitii incurred in consequence of such first notice and ilesistment 
 Hhnll subsist. C. S. C. c. GG, s. 11 (16). 
 
 IG. The surveyor or other person ottered or appointed as Arl.itmtor. 
 valuator or as arbitrator shall not be disciualified by reason that 1?"', '"■^li"""' 
 he IS i.rofessionally employed by either party, or that he has pelSi;- .„. 
 previously expressed an opinion as to the amount of compen- t«"-wted. 
 sation, or that he is related or of kin to any member of th" 
 company, provided ho is not himself personally interested iri 
 the amount of the compensation ; and no cause of dis(iualifica- 
 tion snail be urged against any arbitrator appointed by the 
 judge after his appointment, but the objection must be made 
 hetore the appointment, an.i its validity or invalidity shall be 
 summarily determined by the judge. C. S. C. c. GG, s. 11 (17) 
 
 17. No cause of disqualification shall be urged against any 
 arbitrator appointed by the company or by the op|)osite party 
 after the appointment of a third arbitrator; and the validity or 
 invalidity of any cause of distprilification urged against any 
 such arbitrator, before the appointment of a third arbitrator, 
 shall be summarily determined by the judge, on the applica- 
 tion of either party, after one clear day's notice to the other, 
 and if such cau.se is determined to be valid, the appointment 
 shall be null, and the party ottering the person so adjudged to 
 bo dis(pialified, shall bo held not to have appointed an arbitra- 
 tor. C.S.C. c. GG, s. 11 (18). 
 
 IS. No award made as aforesaid shall be invalidated from Awani 
 
 No objectiiin 
 adniiHHilile 
 after a thin! 
 arbitrator has 
 been appoint- 
 ed. 
 
 How valiiHty 
 of objections 
 of arbitrator 
 determined. 
 
 s not 
 
 avoided for 
 want of form. 
 
 any want of form or other technical objection, if the recpiire- 
 raents of this Act have been complied with, and if the award 
 states clearly the sum awarded, and the lands or other property, 
 right or thing for which such sum is to be the compensation: 
 nor shall it be necessary that the party or parties to whom the 
 sam is to be jmid, be named in the award. C. S C c GG 
 s. 11 (19). 
 
 10. Any party to such arbitration may, within one month Parties to ar- 
 after receiving a written notice from one of the arbitrators of J',*^"*!"^^ "'"y 
 the making of the award, appeal therefrom upon any question Tulge* ot°Su- 
 of law or equity, and upon the hearing of such appeal such ''*"' "''"'■''• 
 judge shall, if the same is a question of fact, decide the same 
 upon the evidence, as in a case of original jurisdiction. 38 V. 
 c. 15, .s. 4. 
 
 v^nV ^P°^ ^'^ ^^^^ appeal the practice and proceedings Practice and 
 shall be, as nearly as may be, the same as upon an appeal from Proceedings 
 a decision of the jud^e of the county court under " The County " 
 Courts^ Act," (a) subject to any general rulej or orders (to be 
 from time to time made by the judges of such superior courts, 
 in 
 
 H 
 
 (a) See R. S. 0. c. 43, g. 34, ct acq. 
 
 
 i 
 
 rJ}! 
 
 ) i 
 
 '* 'i 
 t 1 
 
 il 
 
 iK 
 
 I "''"1 
 
 I 
 
; 
 
 < I 
 
 '!(! 
 
 1 
 
 1()(» 
 
 u. s. o. 
 
 TlIK HAILWAY ACT OV ONTAUUt. 
 
 CaI'. Km. 
 
 in tin. samo nmi.tuT as ilH.y arc atitLon/A-.l to in:ike ..tl.r -h.- 
 eral rules ati.l ..nU-is .(..sp.rtii.K ptai-tic-o an.l i.r..nMlii;vj altenn« 
 and ivcrulutiu-sucli i.mcfKv and pioi-oodniKH. AH \ . c. I..,h. i); 
 40 V. C.7, ^VA<■</. A. (IW)- 
 
 KxiHtiuK i..«o. 01. Tl.e ri-l.t of api-cal l.eirl.y -ivm sl.nll not aflj'ot tl... 
 ti.o «H.tn,c.t- j^ti^,, in^v or nrai-tico as ti) sfttinj,' aside awards. .K^ \ . »■. 
 
 ting ivHiile I -M.^iiiip, I 
 
 iiwanl iini 15, S, 0. 
 
 tiiiui'il, 
 
 PoHHeMion 22. Upon imvn..-nt ..r K--al tender of tl... .■on.iR.nsation or 
 
 Jirt..- tak.n annual rent so awanU'.! .,r a-r..e.l upon as alorcsaid to Uu- party 
 ,m pavimntu, ^.,j^ifi^.,i ^o ivc'c'ivc! till' sauii', or upon the .leposit ol the amount 
 f" mn aVmV of such compensation in the manner hereinafter n.entioned. tlu- 
 award or ajrieement shall vest in the said eo'.upany the power 
 forthwith to t..Ke possession of the lands, or to exorci.so the 
 ri'dit or to do the tiling for which such eomiH-nsation or annual 
 rtMit iias been awarded or a^'ieed upon ; and if any resistance or 
 foreihle opposition is made by any person to their so doinj,', th.- 
 iud.'e may, on proof to his satisfaction of sueh award or airree- 
 inent issue his warrant to the .sh^tritf of the district or county 
 or to a bailiff, as he may deem most suitable, to put the said 
 company in possession, an.l to put di.wn su<-h leMstance or 
 opposition,which the shei itf or baillH', takiii},' with him sulhcient, 
 assistance, .shall accordingly do. C. S. C. c. OU, s. 1 1 (20). 
 
 ed 
 
 Wl.onwar. 23. Such warrant may also be granted by any such jutlge 
 
 runt of iM,H>e>- ^^.j^],o„t such award or a«freemeiit, on atHdavit to his satistaetioii 
 Ee"awlmr that the i'.nme.hate possession of the hinds or of the power to do 
 the thing mentioned in tne notice, is neces,siiry to carry on some 
 part of the said railway with which the said con;i)any are ready 
 forthwith to proceed ; and upon the .said comjjany giving secur- 
 ity to his .satisfaction, and in a sum winch shall be not less than 
 ilouble the amount mentioned in the notice, to pay or deposit 
 the compensation to be awarded within one montli atter the 
 making of the a^ "ud, with interest from the time at which 
 posHcssion is givei and with such costs as may be lawfully 
 payable by the company. ('. S. C. c. G(), s. 11 (21). 
 
 24. The compensation for any lands whicli might be taken 
 without the consent of tlic proprietor, shall stand in the stead of 
 such lands; and any claim to or incumbrance upon the said 
 lands, or an., portion thereof, shall, as against the com[)any, lie 
 converted into claim to the compensation, or to a like propor- 
 tion thereof, and they shall be responsible accordingly whenever 
 they have paid such compensation, or any part thereof, to n 
 party not entitled to receive the same, saving always their 
 recourse against such party. C. S. C. c. GO, s. 11 (22). 
 
 As to incum- 25. If the company has reason to fear any claims or incum- 
 
 brancLs, &c. brauces, or if any party to whom the compensation or annual 
 
 rent, or any part thereof is payable, refuses to execute the 
 
 proper 
 
 Seciiri*'' Vwiii, 
 firnt j,.ven ti> 
 <U'l)o»it coiu- 
 lioiiHation. 
 
 When ciiiii- 
 pen.siticin ti> 
 Mtand in tlif 
 (ilai 3 of the 
 land. 
 
 li'iJiyi* - 
 
i;. s. o. 
 
 TIIK IIAIIWAY Acr OK oNlAltlO. 
 
 Car Id'. 
 
 10! 
 
 l.iv.jHT ctmvoyjinco an.l ;,niariint.'.', or if the party eiitltl.).! to "i"'» lamU -. 
 <liiim tlM« sain.' cainiot hr foiin.l, or is unknown to tho c()ni- *;tC''''^^^^^ 
 [•any, ovit lor !in> otiicr r.'as..ii tin- i-oniiHiny (ictMii.s it advi-,- 
 al.lo, tho (•.)ni|.any may pay mucIi coiiii.i.nsatil.n into tlio otlico 
 of (inv of (h,- ^np.-nor courts, u I 1, tlio interest tlieroon for six 
 iMontlis.an.l may cK-livor to tlio cii-rl< of tlic coint an autli.>ntic 
 <M.py of the cunvoyan(v, or ot tlu' award or a;,'ri-(.m('nt if tlnuo 
 
 I.." n.) cotiwyancv, and .suoli award (.r aj,'nM' nt shall tlicru- 
 
 .itUT l.f .iivm.'d to 1.1- thr tith, of tho company to tlu- land 
 thorcni mentioned. (-. S. U. c. (10, s. 1 1 (:>;{). 
 
 I'll. A notice, in sikj. form and for sii;-li timi; as tlio said ^^''"'* '""■'"• 
 ^■'..ut «i.|.omts sl.all l.e inserted in some n.v.vspaper if there is 'ir"'- 
 a.iv, pul.hshe.l M. the county in which the lands are situate, 
 an.l n> the eity ot loronto, which shall state that the title of 
 the company, that is. the conveyanc... aj,'reement or awanl is 
 inuler this Act, and shall call upon all persons entith^.l t.. tho 
 .'nil or to any part thoreof. or representing' or I.ein- tlu; hus- 
 l^andsot any parties so entitled, to tile th.- -laims to tho com- 
 pensation ot ai.y part thereof, and all ....Ji claims shall he 
 received an, a.ijud-.-d upon hy the court, and the said i.ro- 
 <vo,lin^t,;s shall tor ever l.ar all claims to the lands, or any part 
 lieicot, includin^r .lower, as well as all mort^ra-es and incmn- 
 ;nuices upon th." same ; an.l the court shall make such order 
 tor tne distrd.ution, payment ov investment of the compen- 
 >.ition, and tor the securing of the ri^rhts of nil parties intei- 
 este.l, as to ri^dit and justice, an.l accor.lin^r to the provisions 
 ..t this Act, an.l tho special Act, an.l to law. appertain. C S C 
 0. 00, s. 1 1 (24). ■ ■ 
 
 -7. The costs of the procedin^'s, or anv part thereof, shalPV'T" ■■ 
 W' pai.l by the company, or l,y any other party, as the court " """'• 
 
 -leeiiis It e.piital)le to order. C. S. L\ c. (iO, s. 11 (i>.-).) 
 
 2S If such or.ler of .listrihiition as aforesaid is o '.ained in Wiun inu-rcHt 
 I'-'ss tlian si.K months from the payment of the compensation f,'; '^V''""i"r'^ 
 ...0 court, the court shall .lire^t a proportM.nate palt oi Z tt' c.^n';^ 
 
 !'u ir'n . ? T 'f "^n"^ '" ^''" company, and if from any error, 
 ■u.lt, 01 neorloct of the company, it is not obtained until after 
 110 SIX months have exi)ire.l, the court shall order the company 
 
 t" pay to the pr.)per claimants the interest for such furthJi- 
 
 p "nod as may be ri^dit. 0. S. C. c. G6, s. 11 (2(i) (a). 
 
 «l. 
 
 HIGHWAYS AM) HRIDGILS (b). 
 
 The lilglnvays and bridges shall be regulated as follows 
 
 "!'.'. i'^'SS.™""' '°'° ""» "«»"'<"> »i North W..tern lUilmy Aot, 35 V. c. 
 
102 
 
 R. S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. IGo. 
 
 1 
 
 "terii 
 
 i I 
 
 Railway not 1. The railway shall not he carried along an existing higli- 
 to be carried ^^y (^/)^ but merely cross the same in the line of the railway, 
 highway with- unless leave has been obtained from the proper municipal 
 out leave from authority therefor; and no obstruction of such highway with 
 Sor/ties the works shall he made without turning the highway so as to 
 leave an opf^n and good passage for carriages, and, on comple- 
 tion of the works, replacing the highway, under a penalty of 
 not less than forty dollars for any contravention ; but, in either 
 case, the rail itself, provided it does not rise above or sink be- 
 low the surface of the road more than one inch, shall not be 
 deemed an obstruction. 
 
 Railways not 2. No part of the railway which crosses any highway with- 
 tha'i'on'^Tnch out being carried over by a bridge, or under by a tunnel, shall 
 above level of nge above or sink below the level of the highway more than 
 wff crossins 0"^ inch ; and the railway may be carried aci-oss or above any 
 the same. highway within the limits aforesaid. 
 
 Height and 
 breadth of 
 bridge over 
 highways. 
 
 Ascent of 
 bridges. 
 
 3. The space of the arch of any bridge erected for carrying 
 the railway over or across any highway shall at all times be, 
 and be continued of the open and clear breadth and space, 
 under such arch, of not less than twenty feet, and of a height 
 from the surface of such highway to the centre of such arch of 
 not less than twelve feet ; and the descent under any such 
 bridge shall not exceed one foot in twenty feet. 
 
 4. The ascent of all bridges erected to carry any highway 
 over any railway .ihall not be more than one foot in twenty 
 feet increase over the natural ascent of the highway ; and a 
 good and sufficient fence shall be made on each side of every 
 bridge, which fence shall not be less than four feet above the 
 surface of the bridge. 
 
 Precautions 5, Signboards stretching across the highway crossed at a 
 ciosses'li higli- It^vel by any railway, shall be erected and kept up at each 
 way. crossing at such height as to leave sixteen feet from the high- 
 
 way to the lower edge of the signboard, and having the words 
 " Railway Crossing " painted on each side of the sign board, 
 and in letters not less than six inches in length ; and for every 
 neglect to comply with the requirements of this clause, a 
 penalty not exceeding forty dollars shall be incurred. C. S. 
 C. c. GG,s. 12. 
 
 FENCES (b). 
 
 Fences to be 22. Fences shall be erected and maintained on each side of 
 
 each^sfdeof ^^^ railway, of the height and strength of an ordinary division 
 
 railway. fence, with opening, or gates, or bars therein at farm crossings 
 
 of the road, for the use of the proprietors of the lands adjoin- 
 
 (o) See K. S. O. c. 174, s. 561, p. 154. 
 
 (6) Incorporated into the HamiJto.i and North- Western Railway Act, 35. V. c. 
 55, 8. 2, p. 30. 
 
R. S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. 1G5. 
 
 103 
 
 ing the railway ; and also cattle guards at all road crossings, 
 suitable and sufficient to prevent cattle and animals from (rat- 
 ting on the railway. C. S. C. c. 66, s. 13. 
 
 2. The said words " openings, gates, or bars," shall be held Meaning of 
 to mean, and shall in all cases imply sliding gates, commonly '^^'"'''^'" ^^'°'''^''* 
 called hurdle gates, with proper fastenings ; but this shall not 
 
 be interpreted to the profit of those proprietors and tenants of 
 land crossed by railways who had received compensation from 
 the railway companies, for having omitted the erection of such 
 gates before the tenth of June, one thousand eight hundred 
 and forty-seven, nor shall it in any way affect or apply to any 
 railway constructed or in part constructed, on the tenth of 
 June, one thousand eight hundred and forty-seven, but the 
 same shall apply only to railways constructed or commenced 
 after that day. C. S. C, c. G6, s. 14. 
 
 3. Until such fences and cattle guards are duly made, the Liability of 
 company shall be liable for all damages that may be done by company until 
 tlieir trains or engines to cattle, horses, or other animals on the J^recter'""^'' 
 railway. C. S. 0. c. 66, s. 15. 
 
 4. After the fences or guards have been duly made, andWientobe 
 wliile they are duly maintained, no such liability shall accrue ^^'-'"i'*^"'- 
 for any such damages, unless negligently or wilfully done. 
 
 (', S. C. c. GO, s. 10. » = ^ J. 
 
 .'. If any person rides, leads, or drives any horse or other Persons pro- 
 animal upon such railway, and within the fences and guards, J'iWted going 
 other than the farm crossings, without the consent of the com- Tc^^th"^' 
 pany, he shall for every such oflenc i forfeit a sum not exceed- cattle, &c. 
 ing forty dollars, and shall also pay to the party aggrieved all 
 damages sustained thereby. C. S. C. c. 60, s. 17. 
 
 0. No person other than those connected with, or employed Or walking 
 by, the railway, shall walk along the track thereof, except **'^''^''"' 
 wliere the same is laid across or along a highway. C. S. C. c. 
 00, s. 18. 
 
 7. Within six months after any lands have been taken for Dividing and 
 the use of the railway, and if '' reunto icquired by the pro- separating of ^ 
 prietors of the adjoining lands i >pectively, but not otherwise, way*from '"'" 
 tlie company shall, at their own costs and charges, set and make neigl'bouring 
 on the lands so taken, and from time to time maintain, support, ^ 
 and keep in repair, a sufficient post or rail, hedge, ditch, bank, 
 or other fence sufficient to keep off hogs, sheep, and cattle, and 
 thereby divide and separate keep constantly divided and sepa- 
 rated such lands from the lands or grounds adjoining thereto. 
 C.S.C.c. 00, S.19. 
 
 TOLLS 
 
 
 » 
 
1^1 
 
 
 1 
 
 
 I 
 
 
 1 
 
 1. i 
 
 }! 
 
 
 104 
 
 R S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. ir,.v 
 
 TOLLS (a). 
 
 Tolls to l>e 
 fixed by by- 
 laws OlMltlltT- 
 
 wise. 
 
 23. Tolls shall be from time to time fixed and regulated liy 
 the by-laws of the comi)any, or by the directors, if thereunto 
 authorized by the by-laws or by the shareholders at any gen- 
 eral meeting, and may be demanded and received for all pas- 
 sengers and goods transjiorted upon the ra'lway or in the steam 
 vessels to the undertaking belonging, and shall be paid to such 
 persons and at such places near to the railway, in such manner 
 and under such regulations as the by-laws direct. C. S. V. c. 
 60, s. 20. 
 
 How payment 9. In case of denial or neglect of payment on demand of any 
 forced!^"' such tolls, or any part thereof to such persons, the same may 
 be sued for and recovered in any competent court, or the agents 
 or servants of the company may seize the goods for or in lo- 
 spect whereof such tolls ought to be paid, and detain the same 
 until payment thereof ; and in the meantime the said goods 
 shall be at the risk of the owners thereof. C S. C. c. GO, s. 21. 
 
 When if tolls 3_ jf the tolls are not paid within six weeks, the company 
 
 di>trainef may niay sell the whole or any part of such goods, and out of the 
 
 besold.j money arising from such sale retain the tolls payable, and all 
 
 charges and expenses of such detention and sale ; rendering the 
 
 surplus, if any, or such of the goods as remain unsold, to the 
 
 person entitled thereto. C. S. C. c. GO, s. 22. 
 
 Wlien goods 
 distrained or 
 detained may 
 be sold. 
 
 4. If any goods remain in the possession of the company 
 unclaimed for the space of twelve months, the company may 
 thereafter, and on giving public notice thereof by advertisement 
 for six weeks in the Ontario Gazette, and in such other papers 
 as they deem necessary, sell such good'> by public auction at a 
 time and place to be mentioned in sucu advertisement, and out 
 of the proceeds thereof, pay such tolls and all reasonable charges 
 for storing, advertising, and selling such goods; and the balance 
 of the proceeds, if any, shall be kept by the comjiany for a fur- 
 ther period of three months, to be paid over to any party enti- 
 tled thei-eto. C. S. C. c. (JG, s. 23. 
 
 Howb.alance 5. In default of such balance being claimed before the expi- 
 
 j jecisposei y^^^^^^^ ^f ^|jg period last aforesaid, the same shall be paid over 
 
 to the provincial treasurer to be api)lied to the general purposes 
 
 of the province, until claimed by the party entitled thereto. 
 
 C. S. C. c. 6G, s. 24. 
 
 Tolls— how 
 raised — or 
 reduced. 
 
 G. All or any of the tolls may, by any by-law, be reduced 
 and again raised as often as deemed necessary for the interests 
 of the undertaking ; but the same tolls shall be payable at the 
 same time and under the same circumstances upon all goods 
 
 and 
 
 [n) Incorporated into the Hamilton and North-Western Railway Act, 35 V. c. 
 55, 8. 2, p. 30. 
 
ir,: 
 
 and 
 
 II. S. 0. 
 
 THE RAILWAY ACT OF O^^TARIO. 
 
 Cap. 1G5. 
 
 10.-) 
 
 and by all persons, so that no undtio advanta;^e, privilege or 
 monopoly, may be afforded to any pennon or class of persons by 
 any by-laws relating to the tolls. C. S. C. c, GG, s. 25. 
 
 7. In all cases, a fraction in the distance over which goods or Fraction of a 
 passengers are tratisporterl on the railway shall be considered J."''^'"t!'!'.j • 
 iis a whole mile ; and for a fraction of a ton in the weight of 'chargiuj tolls, 
 any goods, a proportion of the tolls shall be demanded and 
 taken, according to the number of ([uarters of a ton contained 
 therein, and a fraction of a ([iiarter of a ton shall be deemed Fraction ..f a 
 and considered as a whole ([uarter of a ton. C. S. C. c. GG, s. 2G. *^""- 
 
 S. The directors shall, from time to time, print and stick up. Tabic of tnii.s 
 or cause to be printed and stuck up, in the office, and in all and ^" l^e stuck up 
 every of the places where the tolls are to be collected, and in cai>i. '^*''' *"' 
 every passenger car, in some conspicuous place there, a printed 
 Itoard or paper exhibiting all the tolls payable, and particula- 
 lizing the price or sum of money to be charged or taken for 
 the carriage of any matter or thing. C. S. C. c. GG, s. 27. 
 
 !). No tolls shall bo levied or taken until approval of by the Tolls to be 
 the Lieutenant-Governor in Council, nor until after two weekly approveaof by 
 publications in the Oiittwio Guzette of the by-law establishing Governor.' 
 such tolls, and of the order in council approving thereof. C. S. 
 C. c. GG, s. 2^. 
 
 10. Every by-law fixing and regulating tolls shall be subject The Lieut.- 
 to revision by the Lieutenant-Governor in Council from time J?'"*™".""]'"*^ 
 to time, after approval thereof as aforesaid ; and after an order fi.xing tolls. 
 in Council, reducing the tolls fixed and regulated by any by- 
 law, has been twice published in the Ontario Gazette, the tolls 
 mentioned in such order in council shall be substituted for 
 
 those mentioned in the by-law so long as the order in council 
 remains unrevoked, C. S. C. c. GG, s. 29. 
 
 11. The Legislature may, from time to time, reduce the tolls AVhentheie- 
 upon the railway, but not without the consent of the company ^e^J^'J'g"'l^,ll)f^ 
 or so as to produce loss thaii fifteen per cent, per annum profit railways. 
 
 on the capital actually expended in its construction ; nor unless 
 on an examination made by the commissioner o*" public works 
 of the amount received and expended by the compaiiy, the net 
 income from all sources for the year then last past is found to 
 iiave exceeded fifteen per cent, upon the capital so actually ex- 
 pended. C.8.C. c. GG, s. 118. ((t) 
 
 12. The by-laws of every railway company heretofore or By-laws im- 
 hereafter incorporated regulating the tolls to be taken on such V'^'^^^^'i tolls to 
 
 1 . , , o • 1 » , . • 1-1 • • 1 1 "'^ aptjroveil 
 
 road, \n the Special Act respectmg which a provision has been by thcLieut.- 
 inserted that such railway should be subject to the provisions ^ou*^'".'*!"' '" 
 
 of 
 
 
 wK^^^M 
 
 % 
 
 ' H 
 
 • • Qf 
 
 \ rtv 
 
 Mf" 
 
 'ilii 
 
 (a) In C. S. C. this sub-section was uiuler " 10 General Provisions." C. S. C. c. 
 W; 8 11«. 
 
106 
 
 R. S. O. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. 105. 
 
 ilfil 
 
 , 
 
 ! 
 
 ■ : 1 
 
 i 
 
 : ''^ 
 
 
 i ! 
 
 I 
 
 
 
 1 ;; 
 
 i 
 
 t ■ '' 
 
 
 
 4; 
 
 of any general Act jeluting to railways shall be subject to the 
 approval of the Lieutenant-Governor in Council, and no by-law 
 of any railway company in this province by which any tolls are 
 to be imposed or altered, or by which any party other than the 
 members, officers, and servants of the company are intended to 
 be bound, shall have any force or effect until the same has been 
 approved and sanctioned by the Lieutenant-Governor in Coun- 
 cil. C S. C. c. (iG, s. 15L (a) 
 
 GENERAL MEETINOS (/.•). 
 
 Shareholders 24. The shareholders may assemble togetherat general meet- 
 mayh>l(l(,'ene--j^ £ . puj-poses connected with or belonging to the under- 
 
 ral meeting. &. t f ,■ ^ ili- 
 
 takmg, and at any annual general meeting, and may elect di- 
 rectors in the manner provided by section twenty-six. C. S. C. 
 c. OG, s. 30, 
 
 Callintr <'f 25. The method of calling general meetings, and the tinu; 
 
 meetintrs, Ac. and ))lace of the first meeting of shareholders for the appoint- 
 ment of directors, shall be determined and settled in the Spe- 
 cial Act. C. S. C. c. GO, s. 35 (c). 
 
 PRESIDENT AND DIRECTORS (d). 
 
 r 
 
 BoAtd of Di- *}0. A board of directors of the undertaking, to manage its 
 recti.rs. affairs, the number whereof shall be stated in the Special Act 
 
 (('), shall be chosen annually by a majority of the shareholders 
 voting at such election at a general meeting, the time and place 
 for which shall be appointed by the Special Act (/') ; and if 
 such election is not held on the day so appointed, the directois 
 shall notify .and cause such election to be held within thirty 
 days after the day appointed. C. S. C. c. G6, s. 3L 
 
 win. entitled 2. On the day so notified, no person shall be admitted to vote 
 to vote. except those who would have been entitled to vote had the 
 
 election been held on the day when it ought to have been held. 
 
 C. S. C. c. 60, s. 32. 
 
 Vacancies how 3. Vacancies in the board of directors shall be filled in the 
 to be filled up. „,anner prescribed by the by-laws. C. S. C. c. GO, s. 33. 
 
 Who (lualified 4. No person shall be a directoi- unless he is a slnreholdiT, 
 
 to be a direo- OWnill"' 
 
 tor. 
 
 (a) In C'onsol. Stat, ('anada, this sub-section was under " (leneral Provisions foi 
 all nailways." " 24 By-laws re>;ulating tolls." V. S. C. c. «(!, s. 1.51 
 
 {b) Incoriior.ated into the Hamilton and North-Western Railway Act, 35 V. e. 
 55, 8. 2, p. ;w. 
 
 (c) This section in C. S. C. wjis under " 11. President and Directors, their Elec- 
 tion and Duties." C. S. C. c. (ili, s. 3.'). 
 
 ((/) Incor])ovated into the Hamilton and North-Western Railway Act, 35 V. c. 
 55, 8. 2, p. 30. 
 
 (c) See 35 V. c. tiii, s. 7, j). 32. 
 
 (0 See 35 V. c. 55, b. 10, p. 3;i 
 
 rii*. 
 
R. S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. 165. 
 
 107 
 
 owning stock absolutely in his own right (a), and qualified to 
 vote for directors at the election at which he is chosen. C. 8. 
 C. c. 00, s. 34 (6). 
 
 '). The number of votes to which each shareholder shall be Votes to be in 
 entitled on every occasion when the votes of the members are ij^oportion to 
 to be given, shall be in the proportion to the number of shares 
 held by him, unless otherwise provided by the Special Act. 
 C. S. C. c. CO, s. 30. 
 
 0, All shareholders, whetlier resident in this province or else- shareholdenj 
 Avhere, may vote by proxy, if they see fit, provided such proxy may vote by 
 produces from his constituent an appointment in writing, in the i"""^^' 
 words or to the effect following, that is to say : 
 
 I, 
 
 of 
 
 , one of the shareholders of the 
 , do hereby appoint , of , 
 
 to be my proxy, and in my absence to vote or give my assent to any busi- 
 ness, matter or thing relating to the said undertaking, that may be men- 
 tinned or proposed at any meeting of the shareholders of the said com- 
 pany, or any of them, in such manner as he the said 
 tliinks projier. 
 
 In witness whereof, I have hereunto set my hand and seal, the 
 d:iy of , in the year . 
 
 C. S. C. c. GO, s, 
 
 37. 
 
 7. The vote by proxy shall be as valid as if the principals Votos by 
 h'ld voted in })erson ; and every matter or thing proposed or 1""".^ *" ^^ 
 considered in any public meetings of the shareholders shall be "^ 
 determined by the majority of votes and proxies then present 
 and given, and all decisions and acts of any such majority shall 
 bind the company, and be deemed the decisions and acts of the 
 company. (,'. S. C. c. 60, s. 3S. 
 
 ^. The directors first appointed, or those appointed in their Term of office 
 «tead, in case of vacancy, shall remain in office until the next °^ '^^''^ctors. 
 annual election of directors at the time appointed therefor, at 
 which time an annual general meeting of the shareholders shall 
 be held to choose directors for the ensuing year, and generally 
 to transact the business of the company. C. S. C. c. 00, s. 39." 
 
 .'). In case of the death, absence or resignation of any of the Vacancies 
 directors, otliers may be appointed in their stead by the surviv- ^'°" supplied, 
 ing directors ; but if such appointment is not made, such death, 
 absence or resignation shall not invalidate the acts of the re- 
 maining directors. C. S. C. 0. 60, s 40. 
 
 ' i'-s 
 
 10. The directors shall, at their first, or at some other meet- Pr 
 ing after the <lay appointed for the annual general meeting, 
 elect one of their number to be the president of the company, 
 wlio shall always, when present, be the chairman of and preside 
 
 at 
 
 ident. 
 
 ('() See 35 V. c. .55, s. 12, p. 'M. 
 
 [It] C. S. C. c. «t), ». 35, is now a. 25, p. 106. 
 
I0§ 
 
 Vice-Presi- 
 dent. 
 
 (Juorum. 
 
 R. S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. IC".. 
 
 at all meetings of the directons, and shall hold his office until 
 he ceases to be a director, or until another president has bt-en 
 elected in his stead ; and they may in like manner elect a vici- 
 president, who shall act as chairman in the alwence of tlie 
 president. C. S. C. c. OG, s. 41. 
 
 11. The directors at any meeting at which not less than a 
 quorum, to be settled by the Special Act (a), are present, shall 
 be competent to use and exercise all and any of the powers 
 vested in the directors. C. S. C c. 00, s. i'2. 
 
 Acts of major- 12. The Act of a majority of a quorum of the directois 
 wL)'le.^""'^ *'^'^ present at any meeting regularly held, shall be deemed the act 
 of the directors. C. fi. C. c. GO, s. 43. 
 
 Casting vote. 
 
 Directors to 
 be subject to 
 shareholders 
 and by-laws. 
 
 ( )fticors of 
 company not 
 to be direc- 
 tors. 
 
 Bylaws for 
 management 
 of Btock, &c. 
 
 13. No director .shall have more than one vote at any meet- 
 ing except the chairman, who shall, in case of a division of 
 equal numbers have the casting vote. C. S. C. c. GG, s. 44. ■ 
 
 14. The directors shall be subject to the examination and 
 control of the shareholders at their annual meetings, and l)e 
 subject to all by-laws of th? company, and to the orders and 
 directions from time to time made at the annual or any special 
 meetings, such orders and directions not being contrary to any 
 express directions or provision of this Act or the Special Act. 
 C. S. C. c. GG, s. 45. 
 
 15. No person holding any office, place or employment in or 
 being concerned or interested in any contracts under or witli 
 the company, shall be capable of being chosen a director, or of 
 holding the office of director, nor shall any person being a 
 director of the company enter into or be directly or indirect 'y 
 for his own use and benefit, interested in any contract with 
 the company, not relating to the purchase of land necessary for 
 the railway, or be or become a partner of any contractor with 
 the company ; and in the event of any such contract uade 
 since the thirtieth of June, one thousand eight hundred and 
 fifty-eight, or made after this Act takes effect, by or on behalf 
 of any director, an action shall lie in any court of common law 
 or other court of competent jurisdiction against such director, 
 at the suit of any shareholder of the company, for the benefit 
 of the funds thereof, for the whole amount of profit accruing 
 to such director from the contract so made or fulfilled. C S. 
 C. c. GO, s. 40, part (a). 
 
 IG. The directors shall make by-laws for the management 
 and disposition of the stock, property, business and affairs of 
 the company, not inconsistent with the laws of this Province, 
 and for the appointment of all officers, servants, and artificers, 
 and prescribing their respective duties. C. S. C. c. 00, s. 47. 
 
 17. 
 
 (aj See 35 V. c. 5.5, 8. 14, p. 34. 
 
II. S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. 165. 
 
 tm 
 
 17. The directors shall from time to time appoint sucli ofti- May aiiixiint 
 cors as they deem requisite, and .shall take sufficient security, " ^^'"' 
 
 hy one or more penal bonds, or otherwise, from the manager 
 and otHcers for the time being, for the .safe keeping and account- 
 ing by them respectively of the moneys raised by virtue of 
 tliis Act and the Special Act, and for the faithful execution of 
 thcii- offices, as the directors think proper. C. S. C c. GG, s. 
 OS. (b) 
 
 18. In ca.ses of the absence or illness of the president, the Vice-Presi- 
 vicc-president sliall have all the rights and powers of the Ih" aWml'of 
 president, and may sign all notes, bills, debentures, and other the Prenidtut. 
 instruments, and perform all acts, which by the regulations 
 
 and by-laws of the company or by the i.cts incorporating the 
 company are required to be signed, performed and done by the 
 president. C. S. C. c. GG, s. G9. (o). 
 
 19. The directors may at any meeting require the secretary Absence of 
 to enter such absence or illness among the proceedings of such President may 
 meeting, and a certificate thereof signed l)y the secretary .shall the'^mh[utes,' 
 be delivered to any person or persons requiring the same on ''■^'^ certified, 
 payment to the treasurer of one dollar, and such certificate '^' 
 
 shall be taken and considered as prima facie evidence of such 
 absence or illness at and during the period in the .said certifi- 
 cate mentioned, in all proceedings in courts of justice or 
 otherwise. C. S. C. c. GG, s. 70. (d) 
 
 20. The directors shall cause to be kept, and annually on the Directors to 
 tliirty-first day of December shall cause to be made up and ^^luse annual 
 balanced, a true, exact, and particular account of the money kept'" ** 
 collected and received by the com|)any, or by the directors 
 
 or managers thereof, or otherwise, for the use of the company, 
 and of the charges and expenses attending the erecting, mak- 
 ing, supporting, maintaining, and carrying on of the undertak- 
 ing, and of all other receipts and expenditures of the com- 
 |)any or the directors. C. S. C. c. GG, s. G2. (e) 
 
 CALLS (/). 
 
 27. The directors may from time to time make such calls of Calls, 
 money upon the respective shareholders, in respect of the 
 amount of capital respectively subscribed or owing by them, 
 as they deem necessary, and thirty days' notice at the least 
 sluall lie given of each call, and no call .shall exceed the pre- 
 scribed amount determined in the special Act, or be made at a 
 le.ss interval than two months from the previous call, nor shall 
 a greater 
 
 (a) For the rest of C. S. C. c. 6G, a. 46, Hse sec. 3(5, sub. -sec. 4, p. 120. 
 
 16) In C. 8. C., sub-sections 17, 18 and 19, were under " 12 Calls." C. S. C. c. 
 00, Hs. 08, 6!», 70. 
 
 (c) .See the last note. 
 
 {(/) See note 6, supru. 
 
 (e) This section in C. S. C. w.as >inder " 12, Calls." V.. S. C. c. 66, s. 62. 
 
 (/) Incori)orated into the Hamilton and North- Western Railwiiv Act, :tt V 
 oo, s. 2, p. 30. 
 
 c. 
 
^1^ 
 
 1 l! 
 
 
 \m 
 
 a. I' 
 1 «''1 
 
 110 
 
 R. S. O. 
 
 THE RAILWAY ACT OF ONTARIO, 
 
 Cap. 105. 
 
 Notice of 
 
 a greater amount be called in, in any one year, than the amount 
 prescribed in the special Act. C. S. C. c. 00, s. 48. 
 
 2. All notices of meetings or of calls upon the sharohold- 
 ImbSd.^'''^ ers of the company shall be published weekly, in the 0>itarlo 
 Gazette, and the said Gazette shall, on production thereof, be con- 
 clusive evidence of the sufficiency of such notices. C S. C. c. 
 60, s. 49. 
 
 Pa>'ment of 3. Every shareholder shall be liable to pay the amount of 
 lifmadT ^ t^ie call so made in respect of the shares held by him to the 
 persons and at the times and places from time to time appoint- 
 ed by the company or the directors. C. S. C. c. 00, s. 50. 
 
 Tiitt'rest to be 
 (•tiiirj,'e!ible on 
 »iiii)iiicl calls. 
 
 Amount of 
 cull may be 
 locovereJ by 
 suit. 
 
 4. If, before, or on the day appointed for payment, any 
 shareholder does not pay the amount of the call, he sluiU be 
 liable to pay interest Tor tlie same, at the legal rate for the time 
 being, from the day appointed for the payment thereof to the 
 time of the actual payment. C. S. C. c. GO, s. 51. 
 
 5. If at the time appointed for the payment of any call, any 
 shareholder fails to pay the amount of the call, he may be sued 
 for the same in any court of law or etpiity having competent 
 jurisdiction, and the same may bo recovered with lawful in- 
 terest from the day on which the call became payable. C. S. C. 
 c. 00, .s. 52. 
 
 What formal- G. In any action or suit to recover any money due upon any 
 
 ina^ctio'uTfor^^''*^^'' ^'' ^^^'^ '^°^ ^^^ necessary to .set forth the special matter, 
 calls. but it shall be sufficient to declare that the defendant is the 
 
 holder of one share or more, stating the number of shares, and 
 is indebted in the sum of money to which the calls in arrear 
 amount in respect of one call or more upon one share or more, 
 stating the number and amount of each of such calls, where])y 
 an action has accrued to the company by virtue of the .special 
 Act. C. S. C. c. GO, s. 53. 
 
 Certificate of 7. The certificate of proprietorship of any share .shall be ad- 
 
 ^pHmajade *^* iTt^itted in all courts as prima facie evidence of the title of any 
 
 evidence. shareholder, his executors, administrators, successors, or assigns, 
 
 to the share therein specified. C. S. C. c. GO, s. 54. 
 
 Want of certi- S. But the want of such certificate shall not prevent the 
 prevent dis-* bolder of any share from disposing thereof. C. S. C. c. GO, 
 
 j)osing of S. oi3. 
 
 shares. 
 
 Penalty for 9. Any persons neglecting or refusing to pay a ratable share 
 
 calk'^^ *" ''*'^ ^f ^^6 ^^^^^ ^^ aforesaid, for the space of two months after the 
 time appointed for the payment thereof, shall forfeit theiv re- 
 spective shares in the undertaking, and all the profit and bene- 
 fit thereof; all which forfeitures shall go to the company for 
 the benefit thereof. C. S. C. c. 6G, s. 56. 
 
 1.^^^ 
 
 iim 
 
[I. S. (). 
 
 THE RAILWAY ACT OF ONTAIUO. 
 
 Cap. IGo. 
 
 Ill 
 
 Forfeiture of 
 «luirt' to In- 
 taken udvan- 
 tiigo of only 
 at a general 
 nieetiiij,'. 
 
 Effect of for- 
 feiture aH to 
 HabiiitieH. 
 
 10. No a(lvanta<,'e shall be taken of the forfeiture, unless the 
 same is declared to be forfeited at a <;eneral uieetinj.; of the 
 company, assembled at any time after such forfeiture incurred. 
 
 11. Every such forfeiture shall be an indemnification to and 
 for every sliareholder so forfeiting against all actions, suits, or 
 prosecutions whatever, commence(i or prosecuted for any breach 
 of contract or other agreement between such shareholder and 
 the other shareholders with regard to carrying on the under- 
 taking. C. S. C. c. G6, s. 58, 
 
 12. The directors may sell, either by public auction or Directors may 
 private sale, and in such mannor and on such terms as to ''^" forfelteil^^ 
 them seem meet, any shares so declared to be forfeited, and tion? 
 
 also any shares remaining unsubscribed for in th'j capital 
 stock of the company, or pledge such forfeited or unsub- 
 scribed shares for the payment of loans or advances made 
 or to be made thereon, or of any sums of money borrowed or 
 advanced by or to the company, C. S. C c. GO, s. 59. 
 
 13. A certificate from the treasurer of the company that the Certificate of 
 forfeiture of the shares was declared, and of their purchase by treasurer to 
 the purchaser, .shall be sufficient evidence of tlie facts, and fo^rfeiture anct 
 such certificate, with the receipt of the treasurer for the price ^f *'*■'»'■ 
 
 of such .shares, shall constitute a. good title to the shares and the 
 furtifieate shall be by the said treasurer enregistered in the 
 name and with the place of abode "nd occupation of the 
 purchasers, and shall be entered into the books required to be 
 kept by the by-laws of the company, and such purchaser shall 
 thereupon be deemed the holder of such shares, and shall not 
 be bound to see to the application of the purchase money, nor 
 shall his title to such shares be aflfected by any irregularity in 
 the proceedings in reference to such sale, and any .shareholder 
 may purchase any shares so sold. C. S. C, c. GG, s. GO. 
 
 li i < 
 
 14. Shareholders willing to advance the amount of their interest may 
 shares, or any part of the moni._ c!'<i upon their respective *^ "^"^^"''^ 
 shares beyond the sums actually Cc.'led for, may pay the same, payhig" money 
 and upon the principal moneys so paid in advance, or so much >» adv_ance on 
 thereof as from time to time exceeds the amount of the calls ^"^* '"^*^*' 
 made upon the shares in respect to which such advance 
 is made, the company may pay interest at the legal rate of 
 interest for the time being, as the shareholders paying such sum 
 in advance and the company agree upon, but such interest shall 
 not be paid out of the capital sub,scribed. C. S, C. c. 66, 
 s. 61 (a). 
 
 • DIVIDENDS 
 
 (a) C, S. C. c. 6(), 8, 62, is now s. 20, sub-s. 20. p. 109. 
 
 t-'^Fflgi 
 
 I 
 
112 
 
 R. S. ( ). 
 
 TlIK ItAII. VAY A( T OK ONTAHIO. 
 
 Cap. 10.-). 
 
 ««! 
 
 DIVIDENDS (a). 
 
 Dcclnration of HH. At the ffcenil nicptiiifjs of tiio sliarolioldcr.s of the >in- 
 tUvulciul. (liM'takiiij,', from time time holdcn a iliviMeiid shall he ma<hi out 
 
 of the clear profits of the undertaking,', unless sueh nit'etiiii,' de- 
 
 claie otherwise. C. 8. ( '. c. (iO, s. (i.S. 
 
 At Hi. iiaich -• 8uch dividend shall he at and after the rate of so much per 
 
 per slmru. sluue upon the several shares lieM hy tluj shareholders in the 
 
 stock ot the company, as such meeting thinks (it to api^int or 
 
 determine. U. tS. (J. c. 0(J,.s. o4 
 
 DivMendH not IV No dividend shall ho made wherehy the capital of the 
 t( iiiiiHwr the company is in any way reduced or impaireil, or be paid there- 
 '^'''" ■ out, nor shall any dividend be paid in respect of any share, 
 
 aftei'a day appointed for payment of any call for money in re- 
 spect tliereof until such call has been paid. C. S. C. c. (ifi, s. G.'). 
 
 Directors may 4. The directors nuiy, in their discretion, until tiie railway 
 
 oi7simi!.TalLl i« completed and opened to the i)ublic, pay interest at any rate 
 
 up in reHpect authorized by the laws of Canada but not exceeding six dollars 
 
 of BharcH. j^^^j. ],„ji,],.(.(i dollars per annum, on all sums called up in respect 
 
 of the shares, from the respective days on which the same have 
 
 been paid, such interests to accrue and be paid at such times and 
 
 places as the directors appoint for that purpose. C. S. C'. c. ()(i, 
 
 N.) interest on -5. No interest shall accrue to the proprietors of any share 
 
 Mhaie.s in ^jpQjj vvhich any call is in arrear in respect of such share or 
 
 arrears. ^^^^ other share to be holden by the same shareholder while 
 
 such call remains unpaid, nor shall any interest be paid or 
 
 taken from the capital subscribed. C S. C c. (JO, s. 07. (6) 
 
 SHARES AND THE THEIR TRANSFER (c). 
 
 Shareholders 2J). Shares in the undertaking inay, by the parties, be sold 
 niiiy (lispoHe of j^j^j disposed of by instrument in writing, to be made in dupli- 
 cate, one part of which shall be delivered 'o the directors, 
 to be tiled and kept for the u^j of the company, and an entry 
 thereof shall be made in a book to be kept for that purpose^ 
 and no interest on the shares transferred shall be paid by the 
 l)urchaser until such duplicate is so delivered, tiled, and en- 
 tered. C. S.C. c. 00,s. 71. 
 
 Form of 8.aie. 2. Sales .shall be in the form following, varying the names 
 and descriptions of the contracting parties, as the case may 
 require. I> A. B. 
 
 (a) Incorporated into the Han>iltouand Nortli-Wewtern Railway Act, HoV. c. ."i, 
 8. 2, p. 30. ThiH suljdivision of "Dividends" in C. S. C. was under "12 Calls." 
 C. S. 0. c. 60, 88. t).l-(i7. 
 
 (6) (!. S. U. c. Uti, 88. 68, 69, 70, are now 8. 26, 8ub-_8S. 17, 1>^, vJ, p. 10!). 
 
 (r) Incorporated into the llauiiltou and North- Wetiteru llailway Act, o7) V. Ci 
 55, s. 2, p. 30. 
 
 iMbi 
 
in: 
 
 u. s. o. 
 
 TIIK UAILWAV ACT i)V ONTAUIO. 
 
 Cap. l(i.> 
 
 un 
 
 I, A. H. , in cr>nsidui'atii)n of thu huiii of pai'l 
 
 III 1110 by C. 1)., lioruby do Hull and trunsfur tu him 
 
 (diiiio (or Hhart's) of tlio Htock of the , to liold to liim 
 
 thu sitid C. D., luH liuira, uxuciitom, ivdminintratorB ntid uftgi^iiH, Hiibjoct to 
 the ' lino rnloH niid orders, and on tho sainu conditioiis that I htld tlio uuniu 
 iiiinii'diatuly huforo tliu uxocution tliurouf. And 1 thu naid 0. D. du horo- 
 liy iii,'it;u to acci'pt the said sliaro {or Bhares) 
 
 hiilij.'i^t to tliu sanio rnloB, orders, and eonditioiia. 
 
 Witnuss our hands this diy uf in the year 18 . 
 
 C. S. (J. c. GO, s. 72. 
 
 3. The stock of tho company .shall be dcemetl personal estate, sharex to i>b 
 \>\\l no shares shall lie transferable nntil all previous calls there- i"'r"","' ***■ 
 (111 have been fully ])ai(l in, or the .said hares have been f.r of. 
 (k'cliirt'd forfeited for the non-payment of calls thereon, and no 
 tiiiiisfcr of less than a whole .share shall be valid. C JS. C. c. 
 
 cii, N. 7.S. 
 
 4. If any share in the company is transmitted by the death, 'l'raii,siiii.s.si(iii 
 bankiuntev, or la.st will, donation or testament, or by the iiites- "f "hiireH otlur 
 
 .1 - ' 1,1 1 1 !• 1 1 1 tliuii l)y tnius- 
 
 tacy ol any shareholder, or by any lawtul means other than h-v, provided 
 
 the tran.sfer hereinbefore mentioned, the party to whom such ^"'■* 
 
 share is so transmitted shall deposit in the otflce of the C mu- 
 
 p.any a statement in writing, signed by him, declaring the 
 
 manner of such transmission, together with a duly certified 
 
 copy or probate of such will, donation, or testament, or sutti- 
 
 tii'nt extracts therefrom, and such other documents or proof as 
 
 may be necessary, and without which such party shall not be 
 
 entitled to receive any share of the profits of the company, or to 
 
 vote in res[)ect of any such .share as the holder thereof. C. S. C. 
 
 c. G(J, s. 74. 
 
 .'. The company .shall not be bound to see to the execution (Company not 
 of any trust, whether express, implied, or constructive, to which to'execution 
 any of the .shares may be subject ; and the receipt of the party of trusts 
 in whose name any share stands in the books of the com})any, 
 or if it stands in the name of more parties than one, the receipt 
 of one of the parties named in the register of shareholders, shall 
 from time to time be a sufticient discharge to the company for 
 any dividend or other sum of money payable in respect of the 
 share, notwithstanding any trust to which the share may then 
 bi' subject, and whether or not the company have had notice of 
 the trusts, and the company shall not be bound to see to the 
 application of the money paid upon such receipts. C.S.C.c. GO, 
 s. 108 (ct). 
 
 G. The original capital stock may be increased from time to sto.k may l c 
 time to any amount, but such increase must be sanctioned by ini^reased. 
 a vote in person or by proxy, of at least two-thirds in amount 
 of all the shareholders, at a meeting of them cxpressely called 
 by the directors for that purpose, by a notice in writing to each 
 
 shareholder, 
 
 ((() III C. S. C. this acctiuu wad tllKk-r " li>. General Provisions," C. S. C. c. Go, 
 s. 108. 
 
 I 
 
)«l 
 
 ) i 
 
 114 
 
 R. S. (). 
 
 TIIK llAir-WAY ACT OF ONTARIO. 
 
 Cap. K;.'). 
 
 shari'lioMer, Nerved on liiiii personally, or propcily directed to 
 liini, and dcpo.sited intlie post olHcte nt-aie.st to hi- place of itHi- 
 <lence, at least twenty days previous to such niectinj:^, stating 
 the time and place and otiject of the meeting, and the amount 
 of increase, and the procce<lings of such meetinj^j must L" entenil 
 on the nunutes of the proceedings, and Uiercupon th»! capital 
 .stock may be inerea.sed to the amount sanctioned by such a 
 —*" C. S. C. c 00,8. SI (ft). 
 
 H 
 
 vote 
 
 Company not 7. The funds of the company nliali not be employed in the 
 to take Ht<Kk purchjise of any stock in their own or in any otiier companv. 
 
 Ill other com- J, .,,,,.*' , '' i -' 
 
 panies, C. b. C. C. ()i), H. H± 
 
 SMAUEHOLDEHS (b). 
 
 ShareholilerH 
 individually 
 liable till 
 Hharea paid 
 up. 
 
 30. Each shareholder .shall be individually liable to the 
 creditors of the company to an amou ,t eqiial to the amount 
 unpaid on the .stock lield b3'him,for tlie debts and lialiilitiesof the 
 company, and until tht; whole amount of hi.s stock has been 
 paid up ; but .shall not be liable to an action therefor before an 
 execution against the company has been returned unsatisHed 
 in whole or in part, and the amount due on such executiini 
 shall be tlie amount recoverable with costs agiiinst such .share- 
 holder. C. S. C. c. GO, s. SO («). 
 
 Account of 2. A true and perfect account of the names and places of 
 
 names and le- abode of the several shareholders shall be entered in a book to 
 HhareholderH he kept for that purpo.se, as well as of the several persons who, 
 tc be kept, from time to time, become proprietors of, or entitled to any 
 shares therein, and of all the other acts, proceeilings, and trans- 
 actions of the company and of tha directors for the time being. 
 C.S.C. C.6G, s. 112 (d). 
 
 Municip.al 
 corporatidiiH 
 may take 
 Block. 
 
 MUNICIPALITIES TAKING STOCK (c). 
 
 31. Municipal corporations in thi.! ])rovince may subscribe 
 for any number of .shares in the cajiitiil stock of (/), or lend to, 
 or guarantee the payment of any sum of money borrowed by 
 the company from any corporation or person, or endorae or 
 guarantee the payment of any debentures to be issued by the 
 company for the money by them borrowed, and may assess and 
 levy from time to time upon the whole ratable property of the 
 the municipality a sufficient sura for them to discharge the 
 
 debt 
 
 («) In C. S. C. this and the following Bub-section were under " 15. Sharehold- 
 ers." C, S. C. c. 6fJ, 8s. 81, 82. 
 
 (6) IncorjKirated into the Hamilton and North -Western Railway Act, 35 V. c 
 55, s. 2, p. M). 
 
 (o) C. S C. c. 66, B8. 81, 82, are now sec. 29 sub-ss. 6 and 7, supra. 
 
 (rf) In C. S. C. this sub-section was under " 19. General Provisions," s. 112. 
 
 («) Incorporated into the Hamilton and North- Western liailway Act, 35 V. c. 
 55, s. 2, p. 30, under the title " Muuicipalitie«," 
 
 (/) See R. S. O. c. 174, s. 559, et seq., p. 153. 
 
H. S. O. 
 
 TIIK UAILWAY ACT (iK ONTAIllO. 
 
 CaI'. 1(1.'). 
 
 115 
 
 <lol>t or cni^aj^oineiit ho contractt'<l, and for tlie liko ])uri)o.so 
 inav issue; di'lu'iitiiriis payahlt; at sdch times ami f<jr sucli .sums 
 rosjM.'ctivoly, not less tliaii twenty <liillai's, and l.earin;^ or ncjt 
 liearinji; interest, an such niiinicipul corporation thinks meet. 
 < '. S. U. c. ()(i, s. 7'). 
 
 '2. Any sncli debenture issued, endorsed or i,'uaranteed, shall l>«'«!iitmvn 
 Itf valid, and hijidin^ upon tlu! municipal corporation itVsij^netl }, J,',',,' t., V. 
 or cntlorsiMl, and countersi^fnttd l)y the oHicer or person, and in l»iiiiUii;,'. 
 sui'ii manner and tVrm as directed by any by-law of the cor- 
 poration, and the seal of the corporation thereto shall not Ix; 
 necessary, nor the observance of any other form with regard 
 to the debentures than as directed in the by-law. C'. S. C. c. 
 <>G, H, Hi, 
 
 !), No municipal corporation shall subseiibe I'or stock orNottosuli- 
 incur any debt or liability under this Act or the S[)f,cial -^.ct, JJ''"'"')'" ^'^'^'^^^^^^^ 
 uiilesM and until a bydaw to that ett'ect has been duly made, by-iawK aiis 
 and adopte<l, with the consent first had of a majority of the '"*'''' f'"' '■'"''' 
 (lualilied electors ('/) of the municipality, to be ascertained in 
 the manner provided by " The Municipal Act," after public j'''v. i^tat. c. 
 advertisement thereof containing a copy of such proposed by- 
 law, inserted at least four times in <:::ch newspaper printed 
 within the linnts of the numici{)ality, or if none be printed 
 tbereiii, then in some one or more newspapers printed in the 
 nearest city or town thereto and circulated therein, and also 
 put up in at least four of the most piiblic places in each muni- 
 juality, C. S. C. c. ik], s. 77 ; 3(5 V. c. 48, s. 471 (5). See also 
 Rev, Stat, c. 174, s. 551). 
 
 4. The mayor, warden, or reeve, or other chief officer of such Mayor, &c. to 
 municipal corporation subscribing for and holding stock in the aTiectof in^ * 
 company to the amount of twenty thousand dollars, or upwards, turtaiu cas i. 
 sliall be ex-offi-cio one of the directors of the company, in addi- 
 tion to the number of directors authorized by the Special Act, 
 
 and shall have the same rights, powers, and duties as any of 
 the directors of the company. C. S. C. c. 60, s. 78. See also 
 Jiev. Stat. c. 174, s. 560. 
 
 5. No such mayor, warden, reeve, or other chief officer or Mayor, ti. , 
 other person representing any municipality having or taking ^ii^eci'.^'^Jf^'"' 
 stock in any railway company shall, directly or indirectly, vote u..ini)auie8 in- 
 on the election or appointment of the private directors of any ^"^''"'"''/I'A 
 railway company incorporated previous to or during the session June, 1853. 
 held iu the sixteenth year of Her Majesty's reign, unless the 
 
 Special Act of Incorporation of such comjjany expressly pro- 
 vides therefor. C. S. C. c. 06, s. 7i). 
 
 BY-LAWS 
 
 (a) See 43 V. c. 27, s. 16, p. 163. 
 
'■■'.]' 
 
 iill 
 
 
 ' 1 
 
 li i 
 
 1 
 1 
 
 
 r 
 V 
 
 
 1 
 
 Ihi 
 
 i ■ 
 
 116 
 
 r.y-laws to 1)0 
 ]iut into wri- 
 ting; & signed 
 liy chiiiniian. 
 
 R. S. O. 
 
 THE RAILWAY ACT OF ONTARIO. 
 BY-LAWS — NOTICES, ETC. (o). 
 
 Cap. IGo. 
 
 3/J. All by-laws, i-ules and orders regularly made shall lio 
 put into writing and signed by the chairman or person presiding 
 at the meeting at which they are adopted ; and shall be kept 
 in the oflioe of the company ; and a printed copy of so much 
 of them as relates to or aliects any party other than the mem- 
 bers or servants of the company, shall be attixed openly in all 
 and every passenger car, and in all and every place where tolls 
 are to be gathered, and in like inanner so often as any chnnge 
 or alteration is made in the same ; and any copy of the same 
 or of any of them, certified as corrected by the president or 
 secretary, shall be deemed authentic, and shall be received us 
 evidence thereof in any court, without further proof. C. S. C. 
 c. CO, s. 91. 
 
 By-l.T-ws to be 
 stiltmitti'd to 
 Lieut. Gover- 
 nor. 
 
 2. All such by-laws, rules, and orders shall be submitt 
 om time to time 
 C. 8. C. c. GO, s. 1)2. 
 
 0.1 
 
 stiimiittwl to from time to time to the Lieutenant-Governor for approval. 
 
 C/'opies of mi- 
 nutes to be 
 prim<( facie 
 evidence. 
 
 3. Copies of the minutes of ])roceedings and resolutions of 
 the shareholders of the company, at any general or special 
 meeting, and of tiie minutes of proceedings an<l resolutions of 
 the directors, at their meetings, extracted from the minute- 
 books kept by the secretaiy of the company, and by him cer- 
 tified to be true co})ies, extracted from such minute-books, shall 
 be prima facie evidence of such proceedings and resolutions in 
 all courts of civil jurisdiction. C. S. C. c. (j(), s. !)3. 
 
 4. All notices given by the secretary of the company, by or- 
 der of the directors, shall be deemed notices by the directors 
 and company. C. S. C. c. (id, s. 94. 
 
 WORKING OF THE RAILWAY (J)). 
 
 JI3. Every servant of the undertaking employed in a pass- 
 enger train, or at a station for passengers, shall wear upon his 
 hat or cap a badge, which shall indicate his office, and he shall 
 not without such badge Ije entitled to demand or receive fi'oni 
 any passenger any fare or ticket, or to exercise any of the pow- 
 ers of his 'iice, nor meddle or interfere with any pa.ssenger or 
 his baggage oi- property. C. 8. C. c. (iO, s. 95. 
 
 Trains to 2. The trains shall start ami run at regular hours to be fixed 
 
 I'.'^'-'^K,'''^/^""" ^^y public notice, and shall furnish sufficient accommodation 
 for the ti'ansportation of all such passengers and goods as are 
 within a reasonable time previous thei'cto offered for transpor- 
 tation at the jdace of starting, and at the junctions of other 
 
 railwavs 
 
 Xotices by 
 
 secretary 
 
 valid. 
 
 Servant.s to 
 wear l)ailf,'o>'. 
 
 (((). Inoor|)orated into the Hamilton and North-Western Railv, ay Act, 3.5 V. c. 
 5.'), H. 2, p. :«), 
 
 (h) Inuori»)ra'ied int i the Hamilton and North-Western Railway Act, 35 V. c. 
 35, 8. 2, p. 30, 
 
 I * 
 
m. 
 
 R. S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. 165. 
 
 li; 
 
 railways, and at usual stopping places, established for receiving 
 and discharging way-passengers and goods from the trains. 
 
 C. S. C. c. m, s. 90. 
 
 I]. Such passengers and goods shall be taken, transported and ^'T^"^?''", 
 •(lischai'ged, at, from, and to such places, on the due payment of be can-ieil < 
 the toll, freight, or fare legally authorized therefor. C. S. C. c. py""^' 
 
 I,,. nrj 'i'lre or 
 
 i>h, s. yy. freight, 
 
 to 
 on 
 
 4. (a) The party aggrieved by any neglect or refusal in the T'^e comi)any 
 premises, shall have an action therefor against the company, flfsai'or'' "' 
 from which action the company shall not be relieved by any neglect, 
 notice, condition, or declaration if the damage arises from any 
 negligence, omission, or misconduct of the company or of its 
 servants. C. S. C. c. GG, s. 98 ; 39 V. c. 11, s. 1. 
 
 5. Checks shall be affixed by an agent or servant to every Checks to i)e 
 parcel of baggage having a handle, loop, or fixtuie of any kind ^^Ys!* °" '"" 
 thereupon, and a duplicate of such check shall be given to the 
 passenger delivering the parcel. C. S. C. c. GG, s, 99. 
 
 G. If such check is refused on demand, the company shall pay Penalty for 
 to such passsenger the sum of eight dollars, to be recovered in ''^f"'^"»o to 
 a civil action ; and further, nc fare or toll shall l)e collected or 
 received from such passenger, and if he has paid his fare, the 
 same shall be refunded by the conductor in charge of the train. 
 C S. (J. c. GG, s. 100 {b). 
 
 7. The baggage, freight, merchandise, or lumber cars shall l^'vifgage cars 
 not be placed in rear of the passenger cars, and no officer or "ear* of 'passs- 
 agent shall direct or knowingly sutler such arrangement. C. engercars. 
 
 8. C. c. GG, s. 102. . 
 
 [Section 102 of C. S. C. c. GG, adds :— 
 
 And if any such be so pli'ced, the oHicer or agent directing or know- 
 ingly snfforin.,' such arrangement, and the conductor of tlie train, sliall 
 .severally be guilty of a niiadeineanor, and be punished accordingly.] 
 
 8. Every locomotive engine shall be furni.shed with a bell of Locomotives 
 at least thirty pounds weight, or with a steam whistle. C. S. orstelm''^'' 
 
 (J. C. GG, S. 103. whistles. 
 
 m 
 
 9. The bell shall be runsf, or the 
 tance of at least eighty rods from 
 way crosses any highway, and be 
 at short intervals, until the engine 
 under a penalty of eight dollars 
 to be paid l)y the company, who 
 damages sustained by any person 
 
 whistle sounded, at the dis- To be nuis or 
 every place where the rail- every cro«- 
 kept ringing or be sounded ing, &c. 
 has crossed such highway, 
 for every neglect thereof, * 
 
 shall also be liable for all 
 liy reason of such neglect, 
 one-half 
 
 M» 
 
 (a) This sub-section is applicable to all railways in Ontario. See see. 37, p. 121. 
 (l)) C. S. U. c. 60, s. 101 is superseded by later Evidence Actsi 
 
^Il 
 
 118 
 
 R. S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. 16.' 
 
 one-half of which penalty and damages shall be chargeable to 
 and collected by the company from the engineer having charge 
 of such engine and neglecting to sound the whistle or ring the 
 bell as aforesaid. C. S. C. c. CG, s. 104. 
 
 [C. S. C. c. G6, s. 105, is as folloios :— 
 
 Intoxication 105. All persons in charge of a locomotive engine, or acting as the c<m- 
 of conductor, ductor of a car or train of cars, who is intoxicated, shall be deemed guilty 
 &c., a niisde- ^f .^ uusdemeanor. 14-15 \'. c. 51, s. 21.]) 
 meanor. 
 
 Pasnenjjer re- 10. Any passenger refusing to pay his ^ fare, may, with his 
 
 fusinf,' to pay bao'o'agc, by the conductor of the train, and the servant:-^ of the 
 
 imToutf ^"^ company- ^e put out of the cars at any usual stopping place, or 
 
 near any dwelling house, as the conductor elects, the conductor 
 
 first stopping the train and using no unnecessary force. V. 8, 
 
 C. c. GG, s. lOG. 
 
 Passengers to 
 have MO claim 
 if injured 
 while on plat- 
 forn of cars, 
 &c. 
 
 n. Any passenger injured while on the platform of a car, or 
 on anv bafriras:e, wood or freight car, in violation of the printed 
 regulations posted up at the tune m a conspicuous place inside 
 of ''the passenger cars then in the train, shall have no claim for 
 the injury, provided room inside of such passenger cars, suffi- 
 cient for the proper accommodation of the passengers was fur- 
 ■ nished at the time. C. S. C. c. GG, s. 107. 
 
 As to goods of 12. No person .shall be entitled to carry or to require the 
 naturf^""* Company to carry upon their railway, aqxM forliH,o\\oi vitriol, 
 gunpowder, lucifer matches, or any other goods which, in the 
 judgment of the company, are of a dangerous nature ; and if 
 any person sends by the said railway any such goods without, 
 at the time of so sending the said goods distinctly marking 
 their nature on the outside of the package containing the 
 same, and otherwise giving notice in writing to the book- 
 keeper or other servant of the company with whom the same 
 are left, he shall forfeit to the company the sum < f twenty 
 dollars, for every such offence. C. S. C. c. GG, s. 119 (a). 
 
 Dangerous 13. The company may refuse to take any package or parcel 
 
 goods may be -vvhich they suspect to contain goods of a dangerous nature, or 
 
 may require the same to be opened to ascertain the fact. C. S. 
 
 C. c. 6G, s. 120 (6). 
 
 ACTIONS FOR INDEMNITY, AND FINES AND PENALTIES AND THEIU 
 
 PROSECUTION (c). 
 
 Limitation of 
 action for 
 damages. 
 
 34. All suits for indemnity for any d, nage or injury sus- 
 tained 
 
 (a) In C. S. C. this sub-section was vimler " 19. General Provisions,'" C. S. C. c. 
 60, 8. 110. 
 
 (b) In C S. C. c. this aub-section was under " 19. General Provisions," C. S. C. 
 c. ()6, 8. 120. 
 
 (c) Incorporated into the Hamilton and North-Western Railway Act, 35 V. c. 
 55, 8.2, p. 30. 
 

 R. S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. 1G5. 
 
 119 
 
 tail!' (1 by reason of the railway, shall be instituted within six 
 months next after the time of such supposed dama<fe sustained, 
 or if there be continuation of damage, then within six months 
 next after the doing or conmiitting such damage ceases, and 
 not afterwards ; and the defendants may plead the genei'al is- 
 sue and give this Act and the Special Act and the special mat- 
 ter in evidence at any trial to be had thereupon, and may 
 prove the same was done in pursuance of and by authority of 
 tliis Act and the Special Act. C. S. C. c. OG, s. 83 (a). 
 
 2. All lines and forfeitures imposed by this Act or the Spe- Tines, how 
 cial Act, or by any by-law, the levying and recovering of "e'^ovt-rud. 
 which are not particulerly herein directed, shall, upon proof of 
 
 the offence before any one or more justice or justices of the 
 peace for the district, county, or place where the act occurred, 
 either l»y the confession c"^ the party, or by the oath or affirma- 
 tion of any one credible witness, to be administered without 
 fee or reward, be levied by distress and sale of the offender's 
 goods and chattels, by warrant under the hand and seal, or 
 or hands and seals of such justice or justices. C. S. C. c. OG, 
 s. vSG. 
 
 3. All tines, forfeitures, and penalties, the application wher- How appHc- 
 of is not hereinbefore particularly directed, shall be paid into •'^'^'*'- 
 
 the hands of the treasurer of the eom])any, to be applied to the 
 use thereof, and the overplus of the money so raised, after de- 
 ducting the penalty and the expenses of the levying and re- 
 coveiing thereof, shall bu returned to the owner of the goods 
 so distrained and sold. C. S. C. c. GO, s. 87. 
 
 4. In case sufficient goods and chattels whei'eof to levy the When party 
 penalty and expenses are not found, the offender shall be sent "Ji't^Jj'; '^'^'^' 
 to the common gaol for the county or district in wh'ch he has 
 
 been convicted, tliere to remain without bail or mainprize, for 
 such term, not exceeding one month, as the justice or justices 
 think proper, unless :he penalty or forfeiture, and all expenses 
 attending the same, are sooner paid and satisfied. C. S. C. c. 
 G(i, s. 88 {!>). 
 
 35. No punishment for a contravention of this Act or of the Punishment 
 Special Act, by the company shall exempt the company from [j'y^f"*'^'*.^'^"' 
 the forfeiture by this Act and the Special Act, of the pi-ivileges Act, &c., not 
 conferred on them by the said Acts, if by the provisions there- p^^pa^'y from 
 of or by law, the same be forfeited by such contravention. C. forfeiture. 
 S. C. c. GG, s. 90 (c). 
 
 GENERAL 
 
 (a) V. S. C. c. CO, 88. 84, 8.".. See r. 101, p. 137. 
 (6) C. S. G. c. 06, 8. 89, superseded by 38 V. c. 4, «. 5. 
 
 (c) A portion of O. S. C. c. 06, s. 90, makes contraventions of this Act or of the 
 Special Act, by the company, or by any otlier party, for which no punishment or 
 
 Eenalty is lierein provided, a misdemeanor, and is under the jurisdiction of th« 
 >omiuion Parliament. 
 
 C 
 ( 
 
120 
 
 R. S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. 105 
 
 fii 
 
 GENERAL PROVISIONS (a). 
 
 Pioviskmas ;J6. Her Majesty's Mail, Her Majesty's Naval or Military 
 of Her Majes- J orces ov Militia, and all artillery, ainjiiunition, provisions, or 
 ty"» mail, &c. other stores, for their use, and all policemen, constables and 
 others travelling on Her Majesty's service, shall at all times, 
 when thereunto required by Her Majesty's Postmaster-General, 
 the commander of the forces, or any person having the super- 
 intendence or command of any police force, and with the whole 
 resources of the company if re([uired, be cairied on the rail- 
 way, on such terms and conditions, and under such regulations 
 as may be made by the Governor-General in Council, or Lie* 
 tenant-Governor in Council as the case recjuires. C. .S. C. . 
 s. 109 (b) 
 
 Goveninient 2. The Governor-Gcneral or Lieutenant-Governor, as the v.. 
 siveu^eof'"' "^'V ^^^' °*" ^^Y pcrson thereunto autliorized by them, may re- 
 telegniiili. quire the company to place any electric telegraph, and the ap- 
 paratus and operators they may have, at thu exclusive use tA' 
 the Government, receiving thereafter reasonable compensation 
 for such service. C. S. C. c. GU, s. 1 10. 
 
 I'urtheren- ^ .3. Any further enactments which the Parliament of Canada 
 ije madtC ""^^' '^^' ^^^*^ Legislature of this Province may make, for the carriage 
 of the mail or Her Majesty's forces, and other persons and arti- 
 cles as aforesaid, or the tolls therefor, or in any way respecting 
 the use of any electric telegraph or other service to be rendered 
 to the Government, shall not be deemed an in. "ngement of 
 the privileges intended to be conferred by this Act or the Spe- 
 cial Act. C. S. C. c. GG, s. Ill (c) 
 
 Tenders must 
 be advertised 
 for 
 
 Ten per cent 
 to be jiaid 
 within three 
 years from 
 jjassing of 
 Special Act. 
 
 4. No contracts for works' of construction or maintenance of 
 railways, except works of ordinary repair, or of immediate 
 necessity, shall be entered into until after tenders for such 
 work respectively have been invited by ])ublic notice therefor, 
 given for at least four weeks in some newspaper |niblished in 
 the place nearest to the work required to be done ; but no com- 
 pany .shall be compelled to accept any such tender, C. S. ( '. c. 
 GG, s. 4G, 2)art (d) 
 
 5. If the construction of the i-ailway is not commenced, and 
 ten per cent, on the amount of tlie capital is not expended there- 
 on within three years after the passing of the Special Act, or if 
 
 the 
 
 [o) Incorporated into the Hamilton and North- Western Railway Act 3,5 V c 
 
 55, s. '2, p. 30. . . • • 
 
 (h) C. S. C. 0. m, s. 108, is now s. 20, sul;s. 5, p. U.S. 
 
 (c) C. S. C. c. «(), H. 112, is now s. 30, sub-s. 2, p. C. S. 0. o. (Jfi, m. 113 114 are 
 now s. 10. sub-8s. 13, 14. pp. 93, 94. For U. S. C. c. (56, ss. 115, 116, see sub-sees. 
 0, 7, of this section p. 121. 
 
 ('() In C. S. C. this sub-section was under " 11, President and Directors. Their 
 election and duties," C. S. C. c. 66, a. 46, 
 
 n 
 
 If ■. 
 
R. S. 0. 
 
 THE RAILWAY ACT OF ONTAllIO. 
 
 Cap. 165. 
 
 121 
 
 tlio lailway is not finished and put in operation in ten years 
 from the pissing of such Special Act, tlie corporate existence 
 und power of the company shall cense. (J. S. C c. 00, s. 1 17. (a) 
 
 0. After the opening of the railway or any part thereof to Account to be 
 the public, and within the first fifteen days after the opening t>^ the"lSndui 
 each session of the Legislature, an account shall be ainmally Secretary, 
 transmitted to the provincial secretary containing a detiiiled 
 and particular account, attested upon oath of the president, or 
 in his al)sence of the vice-president, of the moneys received and 
 expended by the company, and a classified statement of the 
 passengers and goods transported by them with an attested 
 copv of the last annual statement. C. 8. C. c. 00, s. 115; 37 V. 
 c. :50,s. 2. 
 
 7. No further provisions which the Legislature may hereafter Vaiiation in 
 make with regard to the form or details of such account, or the ,nay be n'liidel'* 
 mode of attesting or rendering the same, shall be deemed an 
 iiilringement of the privileges hereby granted to the company. 
 C.S.C. c. 00,s. 110. 
 
 N. The Legislature may at any time annul or dissolve any And may dis- 
 corporation formed under this Act, l)ut_such dissolution ■'^hall ^;;J^)'^«f^y ''''''• 
 not take away or impair any remedy given against any such tonued under 
 coiporation, its shareholdeis, o,1icers or seivants, for any liabi- '^•"» ^'^^• 
 lity wdiich has been previously incurred. C.S.C.c. 00, s. 124< (6) 
 
 !). Nothing herein contained shall attect in any manner the Raving of Her 
 rights of Her Majesty, or of any person, or of any body politic, i.ijht8,*&c. 
 cornorate or collegiate, such only exce])ted as are herein men- 
 tioned. C. S. C. c. 00, s. 125. 
 
 10. No amenilment or alteration in this Act shall be held to 
 bo an infringement of the rights of any company authorized to 
 construct a railway by any Act passed on or since the thirtieth 
 of August, 1851, or by any Act passed with which this Act is 
 or may be incorporated. C. S. C. c. GO, s. 126. 
 
 PART SECOND. 
 
 APPLICATION OF SECTIONS. 
 
 37. Unless otherwise provided, the following sections und Interpretation 
 the fourth sub-section of section thirty- three shall apply to 
 
 every 
 
 (fl) C. S. C. c. 60, s. 118, is now b. 23, sub-s. 11, p. 105. C. S. C. o. 66, 88. 119, 
 120, i..3 now 8. 33, sub-s-i. 12, 13, p. 118. 
 
 (b) C. S. C. c. 06, 8. 121, makes the forging or uttering debentures or coupons a 
 felony, and relates to matters within the jurisdiction of the Dominion Parliament. 
 .See 32 & 33 V. c. 10, s. 10, D. C. S. C. o. 66, h. 122, relates only to the Province of 
 i^uebec. (J. S. C.c. 66, s. 123, is no\.- incorporated into sec. 5, p. 86. 
 
!i-.4*V: 
 
 « :• 
 
 122 
 
 R. S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. 1G: 
 
 11 
 
 
 li 
 
 IJ 
 
 Hiiii 
 
 \Vliat tlio 
 ■wciiils "L'ail- 
 vay Com- 
 Vany " Hliall 
 mchitlp. 
 
 every raihva}' subject to the legislative authority of the Legi:s- 
 lature of this province, made or to be made in this ])rovin(t'. 
 C. S. C. c. GO, s,s. V27 ^ 132. See also 2S V. c. 2!), s. 11 ; 24 V. 
 c. 17, s. 7 ; 39 V. c. 21, s. 2. 
 
 JIH. In the construction of the forty-third to sixty-eightli 
 sections inclusive, the seventy-ninth, the eighty-seventh to 
 ninety-eighth sections inclusive of this Act, the expression 
 " Railway ( 'ompany " shall include any person being the owm r 
 or lessee of or contractor working any railway subject to the 
 legislative authority of the Legislature of this province, and 
 constructed or carried on under the powers of an Act of the 
 Parliament of the late province of Canada or Upper Canada or 
 of the Legislature of this province. C. S. C. c. 00, s. 192. 
 
 PROCEEDINGS WHERE ADDITIONAL SPACE REQUIRED. 
 
 Proceedings 39. Wherever any railway company which has been hereto- 
 spacVis re-''' ^"^■^' ^^' ^^ hereafter incorporated by, or which is subject to the 
 fjuired for the authority of the Legislature of Ontario recpures at any station 
 """' " j^jj. pippg Qjj ^Ijp ][jr^Q ,,f such railway, more ample space for the 
 convenient accommodation of the public and of the traffic on 
 the railway than they then possess, or can take without the 
 consent of the proprietors thereof, the company may cause a 
 plan to be made of the additional grouTid re(|uired at such 
 station or place for the purposes aforesaid, not b-ing in actual 
 use for similar purposes by any other railway lompany (and 
 for the purpose of making such plan shall have the powers 
 granted to railway companies for making suiveys by the ninth 
 section of this Act), and may transmit such plan to the commis- 
 sioner of public works, with an application (supported 
 by affidavit) on behalf of the company, referring to such 
 plan and stating that certain ground shown thereon is necessary 
 for the purposes afo:-esaid, and that no other ground suital)le 
 for the purpose can be ac(piired at such ])lace on reasonable 
 terms and with less injury to private rights, and requesting the 
 commissioner to authorize the taking thereof for such purpo'^ , 
 under this Act ; of which application ten days' notice shaii be 
 given to the owner or possessor of such property and the cor- 
 rectness of the plan and the truth of the allegations in such 
 application shall be certified by the piesident or one of the 
 directors of the company, and by their engineer; and such plan 
 and statement shall be made and transmitted to the commis- 
 sioner in duplicate. 35 V. c. 25, ss. 1 &; 0. 
 
 accomiii: la- 
 tion of the 
 truftic at any 
 station or 
 place. 
 
 Certificate of 
 com.iiiHsioner 
 of jniblic 
 works re- 
 quired. 
 
 40. The commissioner of public works shall enquire into 
 the correctness of the plan and the truth of the allegations of 
 the application aforesaid, and being satisfied thereof, shall 
 grant a certificate to that effect, and declaring it to be necessary 
 in the public interest, that the ground shown on such plan, or 
 any less quantity, should be acquired by the company; and 
 
 such 
 
R. S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. 105. 
 
 123 
 
 sucli cortificnte shnll be annexed to one of the duplicates of the 
 said plan and statement, and the other duplicate shall remain 
 ill the ortice of the commissioner. 35 V. c. 25, s. ± 
 
 I'^ffect of siu'h 
 ct'rtiticftte, 
 ami a]ii)litii- 
 tion of cfitiiiu 
 provinions of 
 tliirt Act to 
 the land certi- 
 fied as neces- 
 wary. 
 
 41. Upon the granting of such certificate as aforesaid by the 
 (•('iiiinissioner of jiuhlic works, and by virtue thereof, the com- 
 pany .shall li.ave power to take the ground .shown on the said 
 plan as recpiired for the purpo.ses aforesaid, without the consent 
 of the proprietors ; and the company and all corporations or 
 parties wlio could not otherwise convey the same to the com- 
 pany, shall have, with respect to any such ground all the 
 powers granted by the thirteenth to twentieth sections inclu- 
 sive of this Act, to railway companies, corporations and parties 
 who could not otherwise convey tlie same, with respect to 
 lands which may be taken without the consent of the proprie- 
 tors thereof ; and the enactment and provisions of the said 
 .sections, except such as refer to the ma]) or plan, and book of 
 reference the'"^in mentioned, or as limit the extent of land to 
 be taken, shall apply and are hereby extended to the ground 
 mentioned in the said certificate of the commissioner of public 
 Avorks, and to all the proceedings connected with or consec^uent 
 upon the acquiring or taking of sucli ground or any part there- 
 of, with or without the consent of the proprietors ; and if at 
 any time thereafter the company do not reciuire the whole or 
 any portion of the land accjuired under this Act for railway 
 purposes, then such land as is not so required shall be sold by 
 auction after thirty days' notice thereof in any local newspaper. 
 To V. c. 25, s. 3. 
 
 42. Any such certificate as aforesaid purporting to be signed !"»■""[ "f Lt^rti- 
 by the said commissioner shall be received as authentic in all 
 
 courts of law or eciuity, without proof of such signature or other 
 evidence, unless its authenticity is called in question on behalf 
 of the Crown. 35 V. c. 25, s. 4. 
 
 Sale of lanti 
 taken ami not 
 afterwards 
 re(iuir«d. 
 
 'i A 
 
 INSrECTION OF RAILWAYS. 
 
 4JI. The Lieutenant-Governor in council may appoint and au- Railway in- 
 thorize any proper person or persons, not exceeding three in num- «P«ctors. 
 ber, whose duty it shall be from time to time to inspect aj^ rail- D^ti^s of. 
 ways constructed or in course of construction, and every person 
 so authorized may at all reasonable times, upon producing his 
 authority if required, enter upon and examine the said railway 
 and the stations, fences or gates, road crossings, cattle gu^-us, 
 works and buildings, and the engines, cars and carriages be- 
 longing thereto. C S. C. c. CC, s. 180. 
 
 44. No railway or portion of any railway shall be opened J^fD^ope^n till 
 for the public conveyance of passengers until one month after after one 
 notice in writing of the intention to open the same has been month's notice 
 
 given 
 
124 
 
 R. S. 0. 
 
 THE RAILWAY ACT OP ONTARIO. 
 
 Cap. 105. 
 
 of intention t«. given by the company to whom the railway Itolonirs to the 
 commissioner ot pubhc works, and until ten days after notice 
 in writing lias been given l)y the sai<l company to the said com- 
 missioner, of the time when the said railway or ^^ i-tion of rail- 
 way will be, in the opinion of the company, aui. ;iently com- 
 j)k'ted for the safe conveyance of passengers, and ready for in- 
 si)ection. C. S. C. c. 6G, s. 1G5 ; 37 V. c. 3G, s. 1. 
 
 iV'nalty for 
 unntiavuntion, 
 
 ^S. If any railway or portion of a railway be opened with- 
 out such notices, the company to whom such railway belongs 
 shall forfeit to Her Majesty the sum of two hundred dollars for 
 every day during which the same continues open, until the said 
 notices have been duly given and have expired. C S. C. c. OG 
 s. IGG. 
 
 h I 
 
 <'()niiiiissioncr 
 <if iMiblic 
 
 iL'|iiii't of in- 
 sjic'tors ami 
 :vii|iioVii,l of 
 
 40. If the railway inspector or inspectors, after inspection 
 of any railway, report in writini,' to the eommissioiior of public 
 Vv'orks that, in his or their opinion, the oi)ening of the same 
 
 .__ _ would be attended with danger to the public using the same 
 
 Lieut. -Govei- by reason of the incompleteness of the works or permaniint 
 nwyoX"'"' ^^>'' "^' *^'"^ insufficiency of the establishment foi- working such 
 )"wti.(iiiement I'ailway, together with the i,'rounds of such opinion, the com- 
 nf o|,enini,' of missi()ner, with tlie sanct-Mi of the Lieutenant-CJovernor in 
 council, and .so from time to time, ,so often as such inspec- 
 tor or inspectors after further inspection thereof so re- 
 port, may order and direct the company to whom the railway 
 belongs to postpone such opening for a period not exccdingone 
 month at any one time, until it appears to the said coinmis- 
 sioner that such opening may take place without danger to the 
 public. C. S. C. c. GG, s. 1G7; 37 V. c. 3G, s. 1. 
 
 Ponalty for 
 opening,' con- 
 trary to the 
 order of the 
 connnissioner 
 
 47. If any such railway, or any portion thereof, is oj)ened 
 contrary to such order or direction of the .said commissioner, 
 the company to whom the railway belongs shall forfeit to Her 
 Majesty the sum of two hundred dollars for every day during 
 which the same continues open contrary to such order or di- 
 rection. C. 8. C. c. GG, s. 1G8 ; 37 V. c. 3G, s. 1. 
 
 Wlien only 48. No such Order shall be binding upon any railway com- 
 
 be bi.Sg on ^^^y "^'css therewith is delivered to the company a copy of 
 the company, the report of the inspector or inspectors on which the order is 
 founded. C. S. C. c. GG, s. 1G9. 
 
 When .any 49. When any bridge, culvert, viaduct, tunnel, fence, road, 
 
 coEnedbT^''°^^'"?'°''^^¥^-g"^^*^ any other portion of any railway 
 
 tor8, wliat to 
 be dou«. 
 
 commissioner Constructed or in cour.se of construction, or any locomotive, car 
 andinspec- ^j. carriage used or for n.se on any railway, has been con- 
 demned, on the report of an inspector or inspectors, by the 
 commissioner of public works, with the approval of the Lieu- 
 tenant-Governor in council, or when any change or alteration 
 
 therein 
 
R.S.O. 
 
 THK RAILWAY ACT OF ONTARIO. 
 
 Cap. 1G5. 
 
 125 
 
 tluroiii or in any part thereof, or tlie substitution of any new 
 liii(l"o, culvert, viaduct, or tunnel, or of any material for the 
 .sai<l°railway, has been recjuired by the commissioner, witli the 
 approval of the Lieutenant-(Jovernor in council, the company 
 to svlueli such railway beloni,^s. or the company usinjr, running 
 or controUinj,' the same, shall, after notice thereof in writing 
 signed by the said commissioner, proceed to make good or 
 reiiH'dy the defects in the said portions of the railway, or in the 
 Ku'oiiiotive, car or carriage which have been so condemned, or 
 sliall make such change, alteration, or substitution herein-be- 
 fnre referred to as has been reiiuired in manner aforesaid by 
 thf conunissioner. C. S. 0. c. GO, s. 185 ; 37 V. c. 30, s. 1. 
 
 •"iO. If, in the opinion of any such railway inspector, it is When iuspoc- 
 (langerous for trains or vehicles to pass over any particular [|i'|j%jj"'\y,„[;"" 
 railway, or any portion of a railway, until alterations, substi- iiiii;,'of truas, 
 tut ions, or repairs have been made thereon, or that any par- *''• 
 tiiiilar car, carriage, or locomotive should be run or used, the 
 said inspector may forthwith forbid the running of any train 
 or vehicle over any such railway or portion of railway, or the 
 running or using of any such car, carriage, or locomotive, by 
 delivering or causing to be delivered to the president, manag- 
 ing director, or secretary or superintendent of the company 
 owning, running, or using such railway, or to any othcer having 
 till' management or control of the running of trains on such 
 railway, a notice in writ; ■; to that ettect, with his reasons 
 therefor, in which he shal. distinctly point out the defects or 
 nature of the danger to be apprehended. C S. C. c. 00, s. 180. 
 
 til. The said inspector shall forthwith report the same to Coiiiniissiontr 
 the said comniissioner of pul.ic works, who, with the sanction '""y »i'i<ii.f.v 
 
 „ , _ . , „ ^ . '., ... ,. report of lu- 
 
 (if the Lieutenant-Governor in council may either contirm, Hpectois. 
 modify, or disallow the act or order of the inspector, and such 
 confirmation, modification, or disallowance shall be duly noti- 
 tiod to the railway company affected thereby. C. 8. C. c. 00, 
 s. 187; 37 V. c. 30, s. 1. 
 
 3*2. The commissioner of public works may, with the sane- When tin- 
 ti(.n of the Lieutenant-Governor in council, limit the number J^^y'"g|^''JJ'^t'^'" 
 or times or rate of speed of running of trains or vehicles, upon speed, itc. 
 such railway or portion of railway, until such alterations or 
 repairs as he may think sufficient have been made, or until 
 such time as he thinks prudent ; and the company '- ning, 
 running, or using such railway shall comply forth wii "h 
 any such order of the said iv^spector or of the said commissxoi • 
 U[)'on notice therefor as aforesaid ; and for every act of non- pe •^alty for 
 couii)liance therewith every such railway company shall for- n™ -wn- 
 feit to Her Majesty the sum of two thousand dollars. C. S. C. ^* '*"''®' 
 c. 00, s. 188 ; 37 V. c. 30, s. 1. 
 
 ^3. 
 
 Every railway company and the directors and officers Companies to 
 
 ii 
 
 thereof 
 
 I 
 
 ^ m^ 
 
 
120 
 
 R. S. 0. 
 
 TflK KAILWAY ACT OF ONTARIO. 
 
 Cap. 1G5. 
 
 1 ;•■ 
 
 t 
 
 i s 
 
 It 
 
 iimtinn to the thereof sliall afford to such inspector or inspectors every iii- 
 iiiHiactorR. formation, and full and true exnlanatioiis, so far as may bt- in 
 their power or knowledj,'e, on all nmcters incpiired into hy any 
 such inspector or inspectors, and submit to such inspector or 
 inspectors all plans, specitications, drawin<;s, and documents 
 relatini,' to the construction or reconstructit)n, repair or state 
 of repair of such railway or any portion thereof, whether u 
 bridge, culvert, or other part. ('. S. C. c. (iO, s. 181. 
 
 [nsiiectciH iXi Any such inspector shall have the ri'dit to use tlu> 
 
 iiuvy use telo- . , ■, '' . i i • • ii n- e 1,1 
 
 -riiiili wires, tele<.,n'aph Wiles and maciunery in tlie ornces ot or umler the 
 for «liiit pur- control of any such railway company, feu- the purpose of coin- 
 l"'«*-«- niunieating witli any of the otticers of the said company, nr 
 
 transmitting^ anv Older of any sucli inspector rchiting to such 
 
 railway. C. S. C. c. GO, s. 1S2. 
 
 iiiHja'ctors. 
 
 IXZf'loXi 'y*'* T'^c operators or otHcers employed in the telegrapli 
 orfieiH of offices of or under the control of tlic said company, shall, with- 
 out unnecessary delay, obey all orders of any such inspector foi- 
 efiectin<' such communications and transmittiii;: niessatres fur 
 the purpose aforesaid, and any such operator or officer refusiuff 
 or neglectin*^ so to do, shall forfeit for every such offence the 
 sum of forty dollars. (J. IS. C c. Oil, s. 183. 
 
 Authority of 
 inspectors, 
 how proved. 
 
 ♦JO. The autliority of any such inspector sliall he sufficiently 
 evidenced by a pai)er in writin;if nominating him an inspector 
 of railways, or of any railway in particular, signed by the com- 
 missioner of public works. C. S. C!. c. 00, s. 184; 37. V. c. 30, 
 s. 1. 
 
 mirinlyonier '^^' '^^'^ Lieutenant-Governor in council, upon the report of 
 perniiinent the commissioner of public works, may authorize or recpiire 
 lublititutod'*' ^^^^' I'ailway company to construct fixed anil permanent bridges 
 for iiiovablf 01" to substitute such bridges in the place of the swing, draw or 
 bridgiw. movable bridges on the lim of such rail'vay, within such time 
 
 as the Lieutenant-Govern( • in council directs ; and for every 
 day after the period so fixcv during which the company uses 
 such swing, draw or movable bridges, the company shall for- 
 feit and pay to Her Majesty the sum of two hundred dollars ; 
 and it shall not be lawful for any railway company to substi- 
 tute any swing, draw, or other movable bridge in the place or 
 stead of any fixed or permanent bridge already buili and con- 
 structed without the consent of the Lieutenant-Governor in 
 council previously had and obtained. C. S. 0. c. GO, s. 140: 37 
 V. c. 30, s. 1. 
 
 powers vested '^^' ^^ ^^^ '^^^ where a railway commenced after the 27th 
 m commis- day of May, 1857, is constructed or authorized to be constructed, 
 res^ect^to** ^^^^^^ ^^Y tumpike road, street, or other public highway, on 
 crossing public the level, the commissioner of public works, if it appears to 
 him necessary for the public safety, mav, with the sanction of 
 
 the 
 
H. S. O. 
 
 THE RAILWAY ACT OF ONTAIIU). 
 
 Cap. 103. 
 
 im 
 
 tlie Lioutonant-Governor in council, authorize h\,.\ reriuiro the hi«hwayH. -n 
 coiniiany to whom such railway l.elonj^s, within such tiino as" ^■'^' ' 
 tho cuiiunissloiRT .lirects, to carry kucIi road, street, or hi^'h- 
 wav oitlu-r ^ iver or under the said railway Ity means of a hridgo 
 orarch, instead of crossing the same on tho level or to exe- 
 cute such other works its undei" tlie circumstances of the case 
 inav appear to him hest adapted for removing or diminishing 
 the dan n- arising from such level crossing, and ml the pro- 
 visions of law at any such time applicable ttj the taking of 
 land by railway companies and its valuation and conveyance 
 to the'm and to the compensatioii therefor, shall apply to the 
 case of any land required ft)r the c.mstruction of any works tor 
 etiecting the alteration of such level crossing. C, S. C. c. 00, 
 s. 141 ; :}7 V. c. :}(), 3. 1. 
 
 y Wherever any level crossing on any railway is out of J'^Jlj^j^.y^J'/^y 
 r the warden, mayor, reeve, or other chief otHcer ot the to n^pair any 
 
 .10. 
 
 r.pair the warden, mayor, reeve, or other chief otticer ot the t„ repair any 
 municipality within whose jurisdiction such crossing is «>t»»te, ^v.l c^^^^^^^^ 
 may serve a notice upon the company in the usual manner, re- 
 (luiring the repair to be forthwith made ; and if the company 
 does not forthwith make the same, such otticer may transmit a 
 copy of the notice so served to the inspector of railways ; and 
 thereupon it shall be the duty of said inspector, with all possx- 
 l)le despatch, to appoint a day when he will examine into the 
 matter ; and he shall by mail give notice to such warden, mayor, 
 reeve, or other chief otHcer, and to the company, of the day he 
 .so tixes ; and upon the day so named he shall examine such in,,,^.ctor's 
 crossinor; and any certiticate under his hard shall be final on certiHcate to 
 the subject so in dispute between the parities ; and if the said "^^ '^on.iyx.ivo 
 inspector determines that any repairs are required, he shall spe- 
 ci fy the nature thereof in his said certificate, and direct the coui- 
 i)any to make the same ; and the company shall thereupon, 
 with all possible despatch, comply with the requirements of 
 such certificate ; and in case of default, the municipality, with- 
 in whose jurisdiction the said crossing is situate, may make 
 .such repairs, and may recover all costs, expenses, and outlays 
 in the premises by action against the company in any court ot 
 competent jurisdiction, as money paid to the company's use. 
 
 2. Neither this section nor any proceeding had thereunder. Proviso, 
 shail at all efi'ect any liability otherwise attaching to such com- 
 pany in the premises. 23 V. c. 29, s. 9. 
 
 «0. No inspection had under this Act, nor anything in this Act ln«P«««:;j'^^,^. 
 contained or done or ordered, or omitteu to be done or ordered, company 
 under or by virtue of the provisions of this Act, shall relieve or from liability. 
 be construed to relieve any railway company of or from any 
 liiibility or responsibility resting upon it by law either towards 
 Her Majesty or towards any person, or the wife or husband, 
 parent or child, executor or administrator, tutor or curator, 
 heir or other personal representative of any person for anything 
 
 done 
 
 . 'Ill 
 
 4 
 
128 
 
 H. S. 0. 
 
 TFfK riAFLWAY ACT OF ONTARIO. 
 
 Cap. iGi 
 
 i 
 
 Coiniinny to 
 notify DrdiTH 
 of ;!(iiiiriiiH- 
 Miouer to itM 
 office rH, fm. 
 
 Wlmt to 1)." 
 
 iIi'OIilimI HUtfi- 
 I'ii'iit iiiitico 
 thereof. 
 
 Notice of nc- 
 I'icieiitH to lie 
 Hivfii to the 
 coiiiiuiHHioiier 
 of pulilie 
 works. 
 
 Ili'tiirn of (ic- 
 oidentH to be 
 iiiadf Heiiii- 
 aununlly. 
 
 (lone or oinitte«l to he done by sucli ooinpiiny, or for any wrcn;,'rnl 
 ai ie<,'lect, or<lcfault,iiiisft!ii,saiici',iiialt\'a.satict(or iioiiffiiHaiR't' f 
 sucii "oinpaiiy, or in any niannoi' or wav to losson mucIi liabiliiv 
 or resj)o.!siuility, or in any way to weaken or diininish thf liu- 
 bility or rtsponsihility of any sucli company under the oxistiii" 
 laws of the province. C. S. C. c. (J6, .s. ' !)0. * 
 
 61. Every ri.ilw .y company .shall, as soon as possible; after 
 the receipt of any order or notice of the commissioner of puli- 
 lic works, give cognizance thereof to each of its officers ami 
 .servants, in one or more of the ways mentioned in the e-ghtv- 
 first section (a) of this Act. C. S. C. c. iiG, s. I5(i ; y? V. c. HU, s.'l. 
 
 O^. All orders of the said commissioner shall be considered 
 as made; known to the said railway company by a notice fcheiv- 
 of signed by him, and delivered to tins president, vice-president, 
 managing (Hrector, secretary, or superintendent of the said Cdiii- 
 I)any, or at the ottico of the said company. C. S. C. c. GG, s. 157 ; 
 37 V. c. ;}(), s. 1. 
 
 63. Every railway cotnpany shall, as soon as possible, and 
 at least within forty-eight hours after the occurrence upon the 
 i-ailway belonging to stieh company of any accidcMit attended with 
 serious personal injury to any person using the same, or where- 
 by any bridge, culvert, viaduct, tr tunnel (m or of tho said rail- 
 way has been broken or so dam; ^ed as to be impassable or un- 
 fit for immediate use give notice thereof to the commission.) 
 of public works ; and if any company wilfidly omits to gi\c 
 such notice, such company shall forfeit to Her Majesty the sum 
 of two hundred dollars for every day during whicli the omission 
 to give the same continues. C. S. C. c. OG,"s. 189. 
 
 64. Every railway company shall, within ten days after the 
 first days of January and July, in each and every year, make 
 to the commissioner of public works, umler the oath of the pre- 
 sident, secretary, or superintendent of the company, a true an<l 
 particular retuin of all accidents and casualties (whether to lit'.- 
 or property) which have occurred on the railway of the com- 
 pany during the half-year ne.Kt preceding each of the .said 
 periods respectively, setting forth : 
 
 1. The causes and natures of such accidents and casualties ; 
 
 2. The points at which they occurred, and whether by night 
 or by day ; 
 
 8. The full extent thereof, and all particulars of tlie sanv^ : 
 and 
 
 4. Shall also at the same time return a true copy of the 
 existing by-laws of the company, and of their rules and re' •!j].«i- 
 
 
 to; 
 
 tions 
 
 («) Page 133. 
 
U. S. 0. 
 
 THE RAILWAY A<'T OK ONTARIO. 
 
 Cap. Ui.'). 
 
 I'Jl) 
 
 >v;« 
 
 r 
 
 tioiis for the iiianaf,'(Mnont of tlu; coiupnny ami of tlicir railway. 
 ('. S. C. c. no.H. 174; .'{7 V. c. .%, .s. I. 
 
 ilii. 'I'lio couiiiUH.sioner of pulilie works may onler ami direct, f'"""i t" '«> 
 from time to time, the form in which such retur »s shall bo thTcoumiil-^ 
 iiiiule up, and may order and direct any railway i ■ ipany to nidner. 
 make up and ileliver to him from time to time, in i ilition to 
 the said periodical returns, returns of 8(!rioiis accidt .is occur- 
 rinj,' in the courso of the {)uhlic traffic upon the railway Itelonj,'- 
 inf:f to such .ompany, whether attended with personal injury 
 (ir not, in such form and manner as .he coir.missioner deems 
 necessary and re(piires for his information with a view to tho 
 puhlic safely. C. S. ('. c. GO, s. 17') ; :i7 V. c. 3(i, s. 1. 
 
 00. If Huch returns .so verified arc not delivered witliin the Penalty for 
 res[)cetivo times herein prescribed, or within fourtc<'n days after '^^'^^°^^- 
 the .same have been so rerpiired by the conuni.ssioner, every 
 company makinj,' (h^fault shall forfeit to Her Majesty the sunx 
 of one hundred dollars for every day <lurin<,' which tlie com- 
 pany ne;.,dtcts to deliver the .same. 0. S. C. c. UtJ,.s. I7(i ; H7 V. 
 c. yii, s. 1. 
 
 at. All such returns shall be privileged communications, and Such retinn'^ 
 shall not be evidence in any court whatsoever. 0. S. C. c. (iti, f" '"V"'^'' 
 ^- I ' ' • nicationH. 
 
 IIAII.WAY TXSPECTION FUND. 
 
 6S. From the twenty-seventh of May, one thousand eiglit Kaiiway in- 
 hundri'(l and fifty-seven, every railway then or thereafter con- ''''"^'^'""' ^""''* 
 structed .shall, so .soon as any portion thereof is in use, pay to 
 the treasurer of the province an annual rate, to be fi.Kcd by tho • 
 
 Lieutenant-CJovernor in council, not exceedin<.f ten dollars per 
 mile of railway constructed and in use ; such rate to be paid 
 half yearly on the first days of Januaiy and July in each year, 
 and to form a special fund for v.iie puipuso of this Act, to be 
 called " The Railway Inspection Fund." C. S. C. c. (Id, .s. 101. 
 
 TUAFFIC ARUAXr.EMf:NT.S. 
 
 00. The directors of any i ail way company may at any One comiiivny 
 time, and from time to time, make and enter into any agree- ™fj[^ another 
 inent or arrangement with any other company, either in this respecting 
 piovince or elsewhere, for tho regulation and interchange of ^'^^■^°' 
 traffic passing to and from the railways of the said com- 
 jtanies, and for the working of tlie traffic over the said railways 
 resi)ectively, or for either of tho.se objects separately, and for 
 the division and apportionment of tolls, rates and charges in 
 respect of such traffic, and generally in relation to the manage- 
 ment and working of the railways, or any of them, or any parti 
 thereof, and of any railway or railways in connection therewith, 
 for any term not exceeding twenty-one years, and to [)rovide, 
 
 either 
 
!t 
 
 f ^ 
 
 130 
 
 R. S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. 105. 
 
 out preference 
 or favour. 
 
 cither by proxy or otherwise, for the appointment of a joint 
 committee or committees for the better carryinjT into effect any 
 such agreement or arrangement, with such po ». ers and functions 
 as may be considered necessary or expedient, subject to tlie 
 consent of two-thirds of the shareholders voting in person or by 
 proxy ; but tlie provisions of this section shall not apply to 
 anything done before the thirtieth of June, one thousand eight 
 hundred and tifty-eight. C. S. C. c. (iG, ss. 131, 132. 
 
 Hailwav com- 70. Every railway company shall, according to their respec- 
 aif'/ird rach" ^ive powcrs, afford all reasonable facilities to any other railway 
 otli.T every Company for the receiving and forsvarding and delivering of 
 foiwardinl'^of traffic upon and from the several railways belonging to or 
 traiHc, with- worked by such companies respectively, and for the return of 
 carriages, trucks, and other vehicles; and no such company 
 shall give or continue any preference or advantage to or in 
 favour of any particular company, or any particular description 
 of traffic, in any respect whatsoever, nor shall any such com- 
 pany subject any particular company or any particular descrip- 
 tion of traffic to any prejudice or disadvantage in any respect 
 whatsoever; and every railway company having or working a 
 railway which forms part of a continuous line of railway, or 
 which intersects any other railway, or which has any terminus, 
 station or wharf of the one near any terminus, station, or 
 wharf of the other, shall afford all due and reasonable 
 facilities for receiving and forwarding by tlie one of such 
 railways, all the traffic arriving by the other, without any un- 
 reasonable delay, and without any such preference or advan- 
 tage, or prejudice or disadvantage as aforesaid, and so that no 
 obstruction may be offered in the using of such railway ix.s a 
 continuous line of communication, and so that ",'1 reasonable 
 accommodation may at all times, by the means aforesaid, be 
 mutually afforded by and to the said several railway com- 
 panies. 
 
 i 
 
 Agreements 
 made in con- 
 travention of 
 this section, 
 to be void. 
 
 Penalty on 
 companies or 
 their officers 
 refusinfj or 
 neglecting to 
 forward traf- 
 fic, as aljove 
 rciiuired. 
 
 2. Any agreement between any two or more railway com- 
 panies contrary to the foregoing provisions, made since the 
 eighteenth day of May, one thousand eight hundred and sixty- 
 one, or after the passing of this Act, shall be unlawful, null, and 
 void. 24 V. c. 17. s. 4. 
 
 71. If any officer, servant, or agent of any railway company, 
 having the superintendence of the traffic at any statio)i or de- 
 pot thereof, refuses or neglects to receive, convey, or d"liver at 
 any station or depot of the company for which they may be 
 destined, any passenger, goods, or things, brought, conveyed, 
 or delivered to him or ^c such company, for conveyance over or 
 a long the railway from that of any other couipany, intersecting 
 or coming near io such hrsfc mentioned railway, or in any way 
 wilfully coiiiravenes the provisions of the next preceding sec- 
 tion, — such tirst mentioned railw^ay company, or such officer, 
 
 servant 
 
 ssasi 
 
R. S. 0. 
 
 THK RAILWAY ACT OF OXTAIUO. 
 
 Cap. 1U5. 
 
 131 
 
 servant or agent, personally, shall, for eac^h such ne<flect oi- re- How reuover- 
 
 ablf iiud how 
 to be ikpplied. 
 
 fiisal, incur a penalty not exceediiiir fifty dollars over and above "''^"^ '""^ *"'"^ 
 the actual damages sustained ; which penalty may be recov- 
 ered, with costs, in a summary Avay, hctore any Justice of the 
 peace, by the railway company or any other party aggrieved l)y 
 -ucli neglect or refusal, and to and foi the use and benefit of 
 atich company or other party so aggrieved. 2 1 V. c, 17, s. o. 
 
 13. For tlie purposes of tlie two next preceding sections, — Interpreta- 
 tion of word 
 
 (1.) "Traffic" shall include not only passengers and their " luilway," 
 baggage, goods, animals, and things conveyed by railway, but '' Railway _ 
 also cars, trucks, and vehicles of any description adapted for etT'""'^' 
 lunning over any railway ; 
 
 (2.) " Railway " shall include all stations and depots of the 
 railway ; 
 
 (.3.) " Railway Company " shall include all i)arties owning, 
 leasing, or working any railway ; 
 
 and a railwa,y shall be deemed to come near another when 
 some part of the one is within one mile of some part of the 
 other. 24 V. c. 17, s, 'J. 
 
 APPOIXT.MKNT OF RAILWAY CONSTABLES. 
 
 f'jil 
 
 7tt. The justices of the peace for any county assembled at ('onstni)lo< 
 any General Session of the Peace, on the ap])lication of the '"i-j^Jj,', '^'//.^^.j 
 board of directors of any railway company whose railway on the line' of 
 passes vvithin the local jurisdiction of such justice of the peace, any railway, 
 
 ,1 1. i- <• 11 •', ,. 1 ' ail'- how. 
 
 or on the application of any clerk or agent of such company 
 thereto authorized by sucli board, may, in their or his dis- 
 cretion, ap{)oint an}' persons recommended to them for that 
 purpose by such board of directors, clerk or agent, to act as 
 constables on and along such railway ; and every person so ap- 
 pointed shall take an oath or make a solemn declaration in 
 the form or to the effect following — that is to say : 
 
 "I, A. B., having been appointed a constable to act upon and alono Oath of office. 
 " {hi:rc nane the mil waij), midiiv the provisions of " Tlir liiUimij Act of 
 " Ontario," do swear that 1 will well and truly servo our iJovereii^n Lady 
 " the Queen, in the said otfiou of constable, without favour or affection, 
 " malice or ill-will, aud that I will, to the best of my power, cause the 
 " peace to be kept, and prevent all offences a'^iiust the pef aud that 
 " while I continue to liold the said ottiee, I will, to the bdst of my skill 
 " and knowledi;e, discharge the duties thereof f.iitlif uhy, accordinj; to law. 
 "So help me God." 
 
 2. Such oath or declaration shall be administered by any one By whom to 
 
 such justice. 23 V. C. 2L>, S 1 , l^irt. be adminis- 
 
 tereJ. 
 
 74. 
 
 
'II 
 
 ii 
 
 I I 
 
 I 
 
 ; 
 
 II 
 
 132 
 
 R. S. O. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. IG.j. 
 
 Powers of 74. Every constable so appointed, and having taken such 
 
 Huch consta- ^^^^ ^^. j^g^^j^. j^^g|j declaration as aforesaid, shall have full power 
 wlmVTooalitic.s to act SIS a constable for the pi'oservation of the peace and for 
 they Hhall ex- ^j^^ security of persons and property against felonies and other 
 unlawful acts on such railway, and on any of the works be- 
 longing thereto, and on and about any trains, roads, wharves, 
 qua>s, landing-places, wharehouses, lands, and premises, be- 
 longing to such company, whether the same be in the cour^-, 
 city, dtstrict, or other local jurisdiction within which hp .•» 
 api)ointe(l, or in any other place through which such railway 
 passes, or in which the same terminates, or through or to which 
 any railway passes which is wcjrked or leased by such railway 
 company, and in all places not more than one ((uarter of a mile 
 distant from such railway or railways ; and shall have all the 
 powers, protections, and privileges lor the apprehending of of- 
 feudei's, as well by night as by day, and for (loing all things for 
 the prevention, discovery, and prosecution of felonies and other 
 offences, and for keeping the peace, which any constable duly 
 appointed has within his constablewick. -Zli \. c. •it), s. 1, 
 2)art. 
 
 Duties of such l.';. It shall be lawful fur any such constable to take such 
 coiistablos. persons as may be punishable by summary conviction for any 
 ortence against the provisions of this Act, or of an}^ of the Acts 
 or by-laws artecting any such railway, before any justice or 
 justices ai)pointed for any county, city, district, or other local 
 jurisdiction within which any sMch railway passes ; and every 
 such justice shall have authority to deal with all such cases, as 
 tiiough the offence had been connuitted and the person ta- 
 ken "within the limits of his own local jurisdiction. 2:) V. o. 
 29, s. 1. 
 
 DisiniHs.al 
 any sucli 
 ■stable. 
 
 of 10. Any two justices of the peace may dismiss any sucli 
 *-'""■ constable who may be acting within their .several jurisdictions; 
 and the l)oard of directors of such railway company, or any 
 clerk or agent of such company thereto authorized by such 
 board, may dismiss any such constable who may be ac<-ing on 
 such railway ; and upon every such dismissal, all powers, pro- 
 tections, and privileges belonging to any such person, by rea- 
 son of such appointment, shall wholly cease ; and no person so 
 dismissed shall be again ai>pointeil or act asa constfible forsuoh 
 railway without the consent of the authority by which he Wii-< 
 dismissed. 2:i V. c. 2!), s. '2. 
 
 Record of ail IT. Every such railway company shall cause to be recordeil 
 iMiintinentof j^ ^j^^, ^^^^^,^ ^f ^]^^, Q\^,^.\^ of the peace for every county, or other 
 
 sMcli consta- ,,..,.. , . 1 •! •! il, 
 
 l.le to he keiit. local jurisdiction whereni such railway or railways pass, tiic 
 name' and designation of every constable so appointe(l at their 
 instance, the date of his appointment, and the authority mak- 
 ing it, and also the fact of every dismissal of any such con- 
 stable, the date thereof and the authority making the same, 
 
 within 
 
R. S. 0. 
 
 THE RAILWA \' ACT OF ONTARIO. 
 
 Cap. 1G5. 
 
 133 
 
 within one week after the date of sr.ch appointment or dismis- 
 sal, as the case may be ; and every such clerk of tlie peace shall 
 keep sucli record in a book to be open to public inspection, 
 chai-ging such fee or fees only as the Lieutenant-Governor in Fees, 
 council from time to time authorizes, and in such form as the 
 Lieutenant-Governor in council from time to time directs. 23 
 V. c. 21), S.3. 
 
 78. Every such constable, who is guilty of any neglect or runishment of 
 broach of duty in his office of constable, shall bo liable, on sum- ^"?,'**^f'''^'\ ^ 
 iiiary conviction thereof within any county, city, district or, tect of duty! 
 other local jurisdiction wherein such I'adway passes, to a pen- 
 alty of not more than eighty dollai's, the amount of which 
 ]icuulty may be deducted from any salary due to such oliender, 
 if such constable is in receipt of a salary from the railway com- 
 I)any, or to imprisonment, with or without hard labour, "for not 
 more than two months, in the gaol of such count}', city, district, 
 (ir other local jurisdiction. 23 V. c. 29, s. 4. 
 
 [Section 5 of 23 V. e. 29, enacts as folio ivs : — 
 
 ri. Every person who shall assault or resist any constable appointoil as And of pei- 
 afiiiesiiid, in the execution of his duty, or who shall incite any person so sons resisting,' 
 to assault or resist, shall for every such offence, be liable, on like svnn- them, 
 inary conviction, to a penalty of not more than ei;^hty dollars, or to iuipri- 
 sonincnt, with or witliont hai'd labour for not more than two months, in 
 such gaol as aforesaid.] 
 
 km 
 
 GENERAL PROVISIONS. 
 
 79. Every railway company shall make such by-laws, rules Companies to 
 and regulations, to be observed by the conductors, engine dri- '""'ke l)y-laws 
 
 I ii if 1 ■ .. i' ii 11 for reL'ulation 
 
 vers, and Other otticers and servants or tiie company, and by „f comluetors 
 all other companies and persons using the railway of such com- ''"'il other ofti- 
 pany, and such regulations with regard to the construction of '^*^"*'' ''' 
 the carriages and other vehicles to be used iti such trains 
 on the I'ailway of the company, as are recpiisite for in- 
 suring the em])lo}uicnt and proper use of the aforesaid means 
 of comnuinioation, application and disconnection. C. S. C. c. 
 GO, s. 17-'. 
 
 HO. Any railway company may by a by-law impose upon Company way 
 any oHico)-, servant or person who before the contravention of hupose penal- 
 such by-law has had notice thereof and is employed by the ventiou'o" by- 
 company, !i forfeiture to the company of not more than l"w.s. 
 thirty days' j)ay of such otiicer or servant, for any contraven- 
 tion of such bydaw, and may retain any such forfeiture out of 
 tlie salary or wages of the otienuer. C. S. C. c. GO, s. 1G2. 
 
 81. The notice of the by-law, or of any order or notice of How notice 
 the commissioner of public works maybe proved by provinof "^ }'y^'^'"^'" °,'' 
 
 ■ 111. ,. ^ , 1' T If ^ ortlers may be 
 
 the delivery or a copy thereoi to the oiticer, servant, or person, proved. 
 
 or 
 
! II 
 
 ■ill 
 
 ifci- 
 
 i' 
 
 I 
 
 134 
 
 K. S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. 105. 
 
 or that he signed a copy t^.^reof, or tliat a copy thereof was 
 posted in some pUice where his work or his duties,^ or soiiiu 
 of them, were to he performed. 0. S. C. c. GG, s. 163 ; 37 ^ . 
 c. 30, s. 1. 
 
 When such 8a. Such proof, with a proof of the contravention, sliall l,e 
 
 i.roof, &c., to g^ f„ii answer and defence for tlie company fh any suit tor the 
 ttlicom' recovery from it of the amount so retained, and such forfeiture 
 pany. shall be over and above any jienalty under the sections nimi- 
 
 V. S. C. <•. Of., bered one hun«hcd and fifty eight, to one hundred and sixty- 
 s.s'. ihs-'wi. ' one of chapter sixty-six of the Consolidated Statutes ot Can- 
 ada («)• C.S. C. c. (!6, s. I(i4. 
 
 Not to inipe.le H:{. No such company shall cause any obstruction in or 
 navigation. imj cde the free navigati'm of sny liver, stream, or canal to or 
 
 across or along which their railw ay is carried. C. S. C. c. (i(J, 
 
 s. 13G. 
 
 Railway 
 cmssinK 
 ers, itc. 
 hiteil. 
 
 s 
 liv- 
 
 re'-u- 
 
 Plans to he 
 submitted to 
 I^ieiitenant- 
 (Jovernorin 
 council. 
 
 84. If the railway is carried across any navigable river <ir 
 canal, the company shall leave openings between the abutments 
 or piers of their bridge or viaduct over the same, and shall 
 make the same of sucli clear height above the surface of the 
 water, or shall construct such diaw-bridge or swing-bridge 
 over the channel of the river, or over the whole width of the 
 canal, and shall be subject to such regulations as to the open- 
 ing of such swing-bridge or draw-bridge as the Lieutenant- 
 Governor in council from time to time makes. C. S. C. c. (i<l, 
 s. 137. 37 V. c. 3G, s. 1. 
 
 HH. It shall not be lawful for any such company to construct 
 any wharf, bridge,pier, or other work upon or over any navigable 
 river, lake, or canal, or upon the beach or bed or lands covered 
 with' the waters thereof, until they have tirst submitted the 
 plan and proposed site of such work to the Lieutenant-Gover- 
 nor in council, and the same has been by him approveu , and 
 no deviation from such approved site and plan shall be made 
 without his consent. C. S. C. c. G(i, s. 138. 37 V. c. 3G, s. 1. 
 
 8<». Nothing contained in the three last preceding sections 
 powers .'iven «liall bc construed to limit or affect any power expressly given 
 hy the Special to any railway company by its Special Act of Incorporation or 
 ^^^' any Special Act amending the same. C. S. C. c. G(), s. 131). 
 
 87. In all cases where a railway passes any draw or swing- 
 bridge over a navigable river, canal, or stream which is subject 
 to be open for the purposes of navigation, the trains shall in 
 every case be stopped at least three minutes, to ascertain from 
 the bridge-tender that the said bridge is closed and in perfect 
 order for passing, ami in default of so stoi)ping during the full 
 period of three minutes the said railway company shall be 
 
 subject 
 
 (a) See p. i:'.!). 
 
 Kxceptiim 
 where sj.ecial 
 
 When rail- 
 way passes 
 over a swing 
 briilge, &c., 
 train to stop 
 fur three min- 
 utes. 
 
 4 
 
R. S. 0. 
 
 THE RAILWAY ACT OF OMTAUTO. 
 
 Cap. 105. 
 
 135 
 
 .subject to a fine or penalty of four Inm'lroil dollars. C. S. C. 
 0. 6(i, s. 170. 
 
 88. Every railway company wliicli runs trains u|.on the ^^;^;'\'i;;)','>;.^t'' 
 railway for' the conveyance; of passengers, sluiU provide and ,,,,,,,j,,,^t,„ f,,,. 
 cause to 1)0 used in and upon such trains such known apparatus ;:;;»™-^ 
 and arriin'-'oinents as best atlbrd good and sufHcient means ot ^.,,„,i„ctoivs 
 immediatcr communication between the conductors and the ;Y;;|.^'»'";;';^ 
 cn-'-ine-di-ivers of such ti'ains while the trams are \n nioUon, j^,,. .toppi,,,. 
 iuid <food and sufficient means of applying by the power of the m-aiscouiuLt- 
 steam-erigine or otherwise at the will of the engine-driver, or |;;j;; ^^^;;^' j,/ 
 other person appointed to such duty, the brakes to the truck- cars, &c: 
 wheels of the loconiotive or tender, or both, or of all or any of 
 the cars or carriages composing the trains, and of disconnect- 
 ing the locomotive, tender, and cars or carriages from each 
 other by any such power or means, and also such apparatus and 
 arnmgements as best and most securely place and tix the seats 
 or chairs in the cars or carriages, and shall alter such apparatus 
 and arrnngeinents or supply new apparatus and _ arrangements 
 from timer to time as the commissioner of public works, with 
 the sanction of the Lieutenant-Governor in council may order. 
 0. S. C. c. (i(i, s. f71. -n V. c. 30, s. 1. 
 
 89 Every railway company which fails to comply with any ivnaHy for 
 of the provisions contained in the last preceding section of this i;;^ ;;::;>fv- 
 Act shall forfeit to Her Majesty a sum not exceeding twohun- section 88. 
 (Ired dollars for every day during which such default continues. 
 C. S. C. c. 00, s. 173. 
 
 00. Every railway comjiany shall station an officer at every J-^^^l^r^tl'^^n'^i^e- 
 point on their lino crossed on a level by any other railway, f;^"^,i'^"',;'i„.,. 
 and no train shall proceed over such crossing until signal has 
 been made to the conductor thereof that the way is clear. 
 C. S. C. c. GO, s. 142. 
 
 91 Every locomotive or railway engine or train of cars, on Further pro- 
 any railway, shall, before it crosses the track of any other rail- Z^;;^;^^''' 
 way on a level, be stopped for at least the space of three crosses an- 
 minutes. (1 S. C. c. 00, s. 14.3. level; 
 
 92. No locomotive or railway engine shall pass in or through "r nms ^ 
 any thickly peopled portion of any city, town or village at a city, town, 
 speed irreater than six miles per hour, unless the track is pro- &«• 
 perly fenced. C. S. C. c. 00, s. 144. 
 
 93. Whenever any train of cars is .noving reversely in any O™^^''^- 
 city, town or village, the locomuoive being in the rear, the com- 
 pany shall station on the last car in the train a person who 
 
 shall warn parties, standing on or crossing the track of such 
 railway, of the approach of such train, under a penalty of one 
 hundred dollars for any contravention of the above provisions. 
 G. S. C.c. 00, s. 115. 
 
 f. 
 
 o 
 
 I. 
 
iilii 
 
 .1 
 
 1 
 
 t ■ It 
 
 1 
 
 136 
 
 R. S. 0. 
 
 THE RAILWAY ACT OF ONTARIO. 
 
 Cap. 105. 
 
 Foot passen- 
 gers to iiao 
 f()iitl)riilj;e if 
 ]ii(ivi(k'(l for 
 t)mt |)nriioHe 
 at level crostt- 
 
 illL'S. 
 
 04. if the commissioner of public works orders any railway 
 company to erect at or near or in lieu of any level crossing of a 
 turnpike road, or any other public highway, a foot-bridrre, or 
 foot-bridges, over their railway for the purpose of enabling 
 persons passing on foot along such turnjnke road or public 
 highway to cross the railway l)y means of such bridge or 
 bi'idges, then, from and after the completion of such foot- 
 bridge or foot bridges so required to be erected, and while the 
 company keeps the same in go;/d and sulKcient repair, such 
 level crossing shall not be used by foot passengers on the said 
 turnpike road or public highway, except during the time when 
 the same is used lor the ])assage of carriages, caits, horses oi 
 cattle along the said road. C. S. C. e. (ilJ, s. 140 ; 37 V. c. 3 ;. 
 s. 1. 
 
 9«i. No horses, .sheep, swine, or other cattle shall be pci-- 
 mitted to be at large upon any highway within a half mile of 
 the intersection of such highway with any railway on grade, 
 unless such cattle are in charge of some person or persons to 
 prevent their loitering or stop]»ing on such highway at sucli 
 intersection. C. S. C. c. GO, s. 147. 
 
 96. All cattle found at large in contravention of the last 
 preceding section may, by any person finding the same at 
 large, be impounded in the nearest pound to the place where 
 the same are so found, and the pound-keeper with whom the 
 same are so impounded .shall detain the same in like manner, 
 and subject to the like regulations as to the care nnd dispo.sal 
 thereof, as in the case of cattle im]K)unded for trespass on pri- 
 vate property. 0. S. C. c. 00, s. 148. 
 
 not entit'lelTtu ^^' ^^ pei'sou, any of whose cattle being at large, contrary 
 
 any action. " to the provLsions of the section aforesaid, are killed by any 
 
 train at such point of intersection, shall have any action against 
 
 any railway company in respect to the same bein<>- so killed. 
 
 C. S. C. c. 60, s. 149. 
 
 No cattle to 
 be allowed to 
 be at larfje on 
 hi;,'liwav 
 within lialf a 
 mile 01 any 
 railway. 
 
 Such cattle 
 may be ini- 
 liovuiiled. 
 
 C'rcjssing.s to 
 bo fenced. 
 
 Ground ad- 
 joininj,' any 
 railway and 
 belonging to 
 the company 
 to be laid 
 down with 
 grass and 
 cleared of 
 weeds, &c. 
 
 98. At every road and farm crossing on the grade of the 
 railways in this province, the crossing shall be suliiciently 
 fenced on both sides of such i)oints, so as to allow the safe 
 passage of the trains. C. S. C. c. 0(i, ^. loO. 
 
 99. Every railway company, whether any of the clauses or 
 provisions of this Act are or are not incorporated with the Act 
 incorporating such comi)any, shall cau.se all cleared land or 
 ground adjoining their railway and belonging to such company 
 to be sown or laid down with grass or turf, and cause the 
 same so far as may be in their power to be covered with grass 
 or turf, if not already so covered, and cause all thistles and 
 other noxious weeds growing on sueh land or ground, to be cut 
 down and kept constantly cut down or to be rooted out of the 
 same. C. S. C. c. 00, s. 134. 100. 
 
R. S. 0. 
 
 THE RAILWAY ACT OF ONTAHIO. 
 
 Cap. 1G5. 
 
 137 
 
 100 It" any railway company fails to comply with the re- ConHe.,ueiKTs 
 nuiroments of the last precedin- section within twenty days ;|[/™;"'"" t" 
 aft.rthey have heen rctpiired to comply with the same, by no- 
 tice froui the mayor, reeve or chief officer of the naunicii>ality 
 of the township or county in wliich the land or ground lies, 
 Mich company shall therel)V incur a piMialty of two dollars to 
 the use of the nnmicipality for each day during which they 
 ne^dect to do anything which they are lawfully required to do by 
 su'cli notice, and the said mayor, reeve or chief officer may cause 
 all thing's to be done which the said company were lawtuUy 
 iv(iuiied to do hv such notice, and for that purpose may enter 
 l,v himself and his assistants or workmen upon such lands or 
 „r..unds,and such municipality may recover the expenses and 
 eliai^es incurred in so doing and the said penalty, with costs ot 
 suit,'"in any court having jurisdiction in civil cases to the 
 iuuo'unt sought to be recovei .)d. C. S. C. c. 00, s. 135. 
 
 IXTKREST Oil IIHST, WHKN TO 15K DKEMED WOUKING EXPENEES. 
 
 101. The interest of the purchase money or rent of a,ny real ["'Xs?^ 
 iii-oiierty acquired or leased by any railway company and neces- ,„„n(.y„r rent 
 iarv to the efficient working of such railway, and the price .)r ;;[, i-i-:;:ty _ 
 DUiVhase monev of any real property or thing without wlucli „.,„.ki„g-,^,.,iii. 
 [he railway could not be efficiently worked shall be considered -v. t;>|-.^ 
 to be i)art of the expenses of working such railway, and shall „f ^^ workin- 
 he paid as such out of the earnings of the railway, 'li V. c. expenses. 
 17, «. 8. 
 
 PENAL CLAUSES. 
 
 [Sections 84 and 85 of C. S. G. c. 00 are as follows ;— 
 
 84 Every person who, Vy any means or in any manner or way wliatso- Tonalty u\\ 
 ever, obstructs or interrupts tlie free use of the railway, or the carriages I'~h ;>lv 
 voss:-l8, engines or other works incidental or relative thereto, or connected ^^JJ^f ^"^"./;^« 
 therewith, shall be guilty of a misdemeanor, and on conviction thereof y« 
 shall be punished by imprisonment in the common gaol of the district or 
 
 county where tlie conviction takes place, or in the i.rovincial penitentiary, 
 for a term not to exceed five years. 14, 15 V. c. 51, s. 20. 
 
 85 vU persons wilfully and maliciously, and to the prejudice of the Penalty on 
 railway, breaking, throwing down, damaging or destroying the same or any persons da- 
 part thereof, or any of the buildings, stations, dep.its, wharves, vessels, "aging r.ul- 
 lixtures, machinery, or other works or devices incidental and relative >• 
 thereto, or connected Uierewith, or doing any other wilful hurt or mis- 
 chief or wilfully or maliciously obstructing or interrupting the free use of 
 
 the railway, vessels or works, or obstructing, hindering, or preventing the 
 carrying on, completing, supporting and maintaining the railway, vessels 
 or works shall be guilty of a misdemeanor, unless the ottence committed 
 amounts under some other Act or law, to a felony , in which case such per- 
 8,m shall be guilty of a felony, and the court by and before whom the 
 person is tried and convicted, may cause such person to be punished in 
 like manner as persons guilty of misdemeanor or felony (as the case may 
 be), are directed to be punished by the laws in force in this Province. 14, 
 
 15 V. c. 51, 8. 20.] ^„ ,. 
 
 , {Sections 
 
 
 \ 
 
 II 
 
 ■ a» 
 
 
 H. 
 
'4\i 
 
 138 
 
 R. S. 0. 
 
 Tllb; RAILWAY ACT OK ONTAUIO. 
 
 mi 
 
 V. I 
 
 I ' il 
 
 lil 
 
 I i 
 
 il 
 
 Cap. 111.-). 
 
 I'niiiHliment 
 
 iif j)frs(iiis (1(1- 
 
 [Sections 152-155 of C. S. C. c. GO, are as follows :— 
 
 If any person wilfully and nialiciously diHiilaccH or roniovcH 
 
 IIIIV 
 
 |)T'ci|icity. 
 
 iif'-iiivthiii" '■'"•^^•'^y switch or ruil of any railroad, or liroaks down, rij.s up, injiiri'.s oV 
 tn railway wTtl. 'It'stroys any radroad track or railroad l.ridgc or fence of any railroad, or 
 intent to'injure ''">' l'"rti(.n thereof, or places any (d).striiction whatsoever on any such rail 
 persoHMor or railroad track, or bridge, with intent thereby to injure any person or 
 property passing over or along such railroad, or to endanger human life, 
 such person shallbe guilty of misdemeanor and punished by imprisoiniicnt 
 with hard lab^mr in the connnon gaol of the territorial division in whiili 
 such oli'ence i.s connnitted or tried, for any juriod not exceeding one year 
 from the conviction thereof ; and if in conserpience of such act done with 
 the intent aforesaid, any person .so passing ovur and along such railroad 
 actually .sutlers any bodily harm, or if any property ]iassiiig over and a long 
 such railroad be injuied, such sutt'ering or injury shall be r.n agirravation 
 of the oti'enco, and shall render tlio ofience a'felony, and shall Subject the 
 offender to puni.slunent by imprisonment in the peintcntiary for t\vi> years 
 or in any other prison or jdace of c(mtinemeut for any period exceedin" 
 one year and less than two years. l(i \ , c. Kill, a. 1. ° 
 
 And if .■<nih 
 tlaina.L^i' lie 
 actually done 
 
 And if any 
 person he 
 killed or his 
 life be lost, the 
 otfence to ))e 
 inan.^laiighter. 
 
 Punishment. 
 
 153. If any person wilfully and nialiciously displaces or ror ovos any 
 railway switch or rail of any railroad, or breaks down, ri]is up, injures, or 
 destroys any railroad trac1< or railroad bridge, or fence of any railroad or 
 any portion thereof, or puces any obstruction whatever on any such rail 
 or radroad track or bridge, or does or causes to be done any act whatever 
 where' ■• any engine, machine, or strncture, or any matter or thing apper- 
 taiiiiiii, thereto is sfopjied, obstructed, impaired, weakened, injured, or 
 destroyed, with intent thereby to injure any per.son or property passing 
 over or along such railroad, and if in consetpience thereof any person be 
 killed or his life be h)st, such person so ofleudiug, shall be guilty of man- 
 slaughter, and being found guilty, shall be punished by imprisonment in 
 the penitentiary for any period not more than ten nor less than four years. 
 10 V. c. 10!), s. 2. •' 
 
 anThi'intv" ^^'^' '^ '^"^ V^^mn wilfully and maliciously does <r causes to be done 
 
 Ht.>m.a-e &c '"^"yict whatever whereby any building, fence, con.struction, or work of 
 liow punished.' '"'y railroad, or any engine, machine, or structure of any nulroad, or any 
 matter or thing appertaining to the same is stopped, obstructed, impaired, 
 weakened, uijured or destroyed, the person so offending shall be guilty o"^ 
 a nusdenieanor, and shall be punished by imprisonment with lianl 
 labour, not exceeding one year in tlie common gacd of the territorial divi- 
 sion 111 which the ofience was committed or has been tried. 10 X c 10!) 
 s. 3. ' 
 
 runishment 155. Every person wilfully obstructing any railway inspector in the 
 
 swtinrin execution of his duty shall, on conviction before a justice of the peace 
 
 spectors in the having jurisdiction in the place where the offence has been committed, for- 
 
 execution of '^" ".""^ P*y ^^^ every such ofience any sum not exceeding forty dcdlars, 
 
 their duty. ^^}\}^ default of payment of any penalty so adjudged immediately, or 
 
 within such time as the said justice of the peace appoints, the same justice, 
 
 or any other justice having jurisdiction in the place where the offender 
 
 resides, may commit the offender to prison for any period not exceediiv 
 
 three months : but such commitment shall be determined on payment of 
 
 the amount of the penalty ; and every such penalty shall be returned to 
 
 the next ensuing Court of Quarter Sessions in the usual manner CSC 
 
 c. 00, 8. 155.] 
 
 Punishment 
 of persons 
 
 [Sections G of 23 V. c. 29, is as follows :— 
 
 C. Every person who shall bore, pierce, cut, open, or otherwise injure 
 any cask, box, or package containing wine, spirits or other liquors, or any 
 
 case. 
 
II. S. 0. 
 
 T»K RAILWAY ACT OF ONTARIO. 
 
 ijAp. k;,"). 
 
 139 
 
 ,, or ciit- 
 Mwks or 
 
 llh'OS (JU 
 
 cdsi), box, sack, wraj)por, jiackivijo, or roll of ^oods, in, on, or abovit any liorinff 
 cur, wa^j^'oii, lio;it, vessel, warclioiiHo, statioii-lioimu, wharf, quay, or jiru- tixK''"-" 
 iiiist's of ov helonj^ing to any stich railway coiiiiiaiiy, with iiittuit fulonioiiHly l"^';'^j^^^''•'' 
 Id steal, or otherwiso unlawfully to obtain or to injnro tlio coiitunts or any 
 ji.u't thereof, or who shall iiiilawfiiliy drink, or wilfully si)iU or allow to 
 nui to waste any such li(iuora or any part thereof, shall, for every such 
 iilt'cnce, he liable, on like summary conviction, to a penalty of not nioro 
 tliaii twenty dollars ovi'r and above the value of the i^'oods or li((uors so 
 taktn or destroyed, or to imprisonment, with or without hard laboiu', for 
 iioi more than one montli, in such gaol as aforesaid.] 
 
 [Sec'icni^ l.nS-lOO of C. S. C, c. (iG. <tre as folloivs :— 
 
 1,'i.H. If any oflicer or servant of, or person employed by, any railway rnnislunont ol 
 company, wilfully or nej,'lij,'entlv contravenes any by-law or rc<,'ulatiou of otticfis, &e., 
 the company lawfully made and in force, or any order or notice of the cimtniveninK 
 IliKdil of Jl((ilii:<(ii ('iniiiaisnioiifrs (k), and of which a copy has been deli- ''y'-'^^^'"*' ^^' 
 vered to him, or has buen posted up or open to his insi)ectiun in some 
 place where his work or liis duties, or any of the'- are to be performed, 
 tlion if such contravention causes injury to i'.ny pi perty or to any person, 
 iir exposes any property or any person to tlie risk of injury, or renders 
 such risk greater than it would have been without such contravention, al- 
 thoiii^'h no actiuil injury occurs, such contravention shall be a misdo- 
 nieanor, and the person convicted thereof shall, in the discretion of the 
 court before whom the conviction is h;id, and accordiuj^ as such court con- 
 siders the oil'ence proved to be more or less i^rave, or the injury or risk of 
 injury to person or property to be more or less '^ 'eat, be pnnisiied l>y fine 
 or imprisonment or both, so as no such tine exceeds four Imndred dollars, 
 nor any such imprisonment the term of five years ; and such imprison- 
 ment, if for two j'ears or upwards, shall be in the provincial peniten- 
 tiary. 11), 20 V. c. 11, 8. 1. 
 
 !.")!>. If such contravention does not cause injury to any property or Penalty, 
 person nor ex[)ose any person or property to the risk of injury nor make 
 such risk greater than it woukl have been withcnit such contravention, 
 then the otlicer, servant, or person guilty thereof shall thereby iiic\ir a 
 penalty not exceeding the amount of thirty days' pay, nor less than fif- 
 teen days' pay of the oU'ender from the company, in the discretion of the 
 justice of the peace before whom the conviction is had ; and such penalty 
 shall be recoverable with costs before any one justice of the peace having 
 j\irisdiction where the offence has been committed, or where the offender 
 is found, on the oath of one creditable witness other than the informer. 19, 
 20 V. c. 11, s. 1. 
 
 100. One moiety of such penalty shall belong to Her Majesty for the Application 
 public uses of the Province, and the other moiety to the informer, unless of. 
 he be an oflicer or servant of, or person in the employ of the company, in 
 wliich case he shall be a competent witness, and the whole penalty sliall 
 belong to Her Majesty for the uses aforesaid. 19, 20 V. c. 11, s. l.J 
 
 xn- 
 
 102. The company may in all rases under this Act, or un- The company 
 iler chapter sixty -six of the Consolidated Statutes of Canada, "J^y '''Y F' 
 pay the amount of any penalty and costs imposed upon anoffi- duct 'from**" 
 cer, servant, or person in the employ of the company, and re- wages. 
 cover the same from the offender, or deduct it from his salary 
 or pay. C. S. C. c. GO, s. IGl. 
 
 103. 
 
 r? 
 
 (tt) The commissioner of piiblic works now perforiin the duties of the former 
 board of railway coaniiissioners. See 37 V. c. 30, and Kev. Htat. c. 1G5, ss- -14, tt scq. 
 
lii 
 
 140 
 
 How penaltioH 
 rt'covorod and 
 applied. 
 
 R. S. 0. 
 
 ACT RKSPECTINO All) TO RAILWAYS. 
 
 Cap. l(jG. 
 
 lOJI. All penalties incurretl under any of tlio .sections of this 
 Act in the thirty-('i<,'lith section referred to nuiy ho recovered 
 in the name of Her Majesty, hy Ifcr Majesty's Attorney- 
 General for Ontario, in any court liaviii;,' eonipctcnt juri.sdictioii 
 thereover ; and all penalties recovered under the other sections 
 of this Act shall, unless otherwise hennn expressly provided, ho 
 paid to the treasurer of the province to the credit of " The Kail- 
 way Inspection Fund." C. S. C. c. GG, s. 193. 
 
 IIEVISED STATUTES OF OJSTAIUO. 
 CAP. CLXVI. 
 
 An Act respectiii*^' Aid to Kuilways, 
 
 The Railway Fmul, a. 1. 
 Tlio Railway Subsidy Fund, 8. 2. 
 Payrnout from sueii Funds : 
 From Railway Fund, s. 3. 
 From Railway Subsidy Fund, 
 
 8. 4. 
 Proof re(juired, s. 5. 
 Railways n(jt to be aided out of 
 
 both Funds, s. (i. 
 Orders in Council to be submitted 
 
 to Lcyislaturo, s. 7. 
 Orders in Council to be published 
 in Ga:-.ette, a. 8. 
 
 When payiiionts may bo made and 
 
 mode of jiayment, ss. !>-U5. 
 Annnllins{ Order, s. 14. 
 The Railwiiy Land Subsidy Fund, 
 
 88. 15-21. 
 Aid to certain Railways, ss. 2l?-24. 
 Conditions on which aid granted, s. 
 
 22. 
 Aid to Railways extending from 
 
 Muskoka to Canadian Pacilic 
 
 Railway, s. 25. 
 Mode of (iroui)inLf Municipalities in 
 
 obtaining municipal bonuses, 
 
 8. 20. 
 
 Preamble, TTI WHEREAS it has been deemed exi)edient to give aid to- 
 
 V V wards the construction of raihvay.s leading to or through 
 
 sections of the country remote from existing thoroughfares, or 
 
 passing through thinly settled tiacts, or leading to the free grant 
 
 territory, or to the inland waters; 
 
 Therefore Her Majesty, by and with the advice and consent 
 of the Legislative Assembly of the Province of Ontario, enacts 
 as follows : — 
 
 THE RAILWAY FUND. 
 
 " Railway 1. Whereas for the purposes in the preamble mentioned the 
 
 fronfconsX'^ sum of one - lillion nine hundred thousand dollars has hereto- 
 dated Pvevenue fore been set apart from and out of tho consolidated revenue 
 Fund. fund 
 
R. S. 0. ACT UESPKCTINfJ All) TO UAILWAYS. 
 
 (Jap. IGO. 
 
 141 
 
 ftiiiii of this province, to form t]u3 fund dosif^'iiated and known 
 as " the railway fund," the said fund .shall continue to be .so 
 (lisiynated and known. See :ii \. c. 2, s. i ; 35 V. c. 24, s. 1. 
 
 •J. In addition to the sum of one hundred thousand dollars " Railway 
 set apart yearly, <lurinf,' the years IH72, 187:1, 1S7+. 1S7'), iS7';, ^y^"'\'}y , 
 and 187/, there shall also he set apart irom and out ot the con- linhea. 
 .soiidati'd revenue fund of this province, for the further period of . 
 fiiiuteen years, the like sum yearly, the whole to form a fund to 
 U' (lesij,'nated and known as " the railway subsidy fund." .*}.) V. 
 c. 24, s. 2. 
 
 I'AYMKXTS FUOM SUCH FUND.S. 
 
 3. From and out of such portion of the said railway fund as fiietituiiant- 
 may be unai)propriate(l, the I^ieutenant-Clovernor in C(juiicil J.',','S"in,ly 
 
 ni:iy, by order in council, authn-ize i)aymentM to be made from «rant aid t 
 
 UUl'tllf " 
 
 ways, 
 
 time to time to any incorporated railway company of the de- ^y^'^,"""'"'' 
 
 ,'<oi'iption mentioned in the pieand)le of this Act, of a sum or 
 sums of not le.ss than two thousand dollars per nule nor more 
 than four thousand dollars per mile of any portion or portions 
 of such railway. 
 
 fu 
 
 4. From and out of sucli portion of the said railway subsidy liitMiUnant- 
 ud us may 1)0 unappropriated, the Lieutenant-Governor in *'"^'^«:'/"'" '» 
 cuimcil may, by order ui council, authorize payments to be f,'raiit aid to 
 made from time to time to any such incorporated railway com- '^'"'t"''" '"^il- 
 pany as aforesaid of a sum or sums at the rate of not less than 
 one hundred and twenty dollars, or more than two hundered 
 and forty dollars per mile per annum for twenty years on the 
 portion aided. 35 V. c. 2-t, .ss. 3 & 4. 
 
 3. No such aulliority shall be given in respect of any por- Proof to lio 
 tion of a railway for the construction of which ])ortion a con- ^IJ,"".'*''.' '.'Ji!-^' 
 tract has been enteied into prior to the seventh day of Deeem- aid. ' 
 ber in the year of our Lord one thou.sand ei^ht hundred and 
 seventy, nor until the company desirous of obtaining aid and 
 payment out of the said funds has furnished proof, to the satis- 
 faction of the Lieutenant-Governor in council, that the bona 
 fule subscribed ca})ital of the company, together with any 
 bonu.ses or loans by municipal 3orporatlons thereto, and the pro- 
 ceeds of bonds to lie issued or authorized by the Act incorpo- 
 rating the company or any Act amendii.g the same, leaves no 
 reasonable doubt that such road, or portion or portions thereof 
 in respect of which jiaymeiit is to be made, will be commenced 
 and completed, including sidings and station hou.ses, so as to be 
 ready for the rolling stock within the period mentioned in such 
 Act or Acts for the completion of the railway ; and that any 
 such Act or Acts authorizes ihe construction of a railway of 
 the description mentioned in the preamble of this Act. 34 V. 
 c. 2, ,s. 3 ; 35 V. c. 24, ss. 3 \: 7. 
 
3 ! 
 
 142 
 
 i(. s. o. 
 
 ACT UKSPKC'TINO AID TO IIAIF.WAYS. CAP' llKI. 
 
 Uailwrtynnot 6. No railway coiriitany any portion of whoso lino is uidcil 
 
 t(. I p. aided f jj , ,.,ii|wav t'liiul sliail ho ontitlod to aid from the vaiUvnv 
 
 Iroiii liith , . , ~ , . ' ... 1 .• •>- A- II ,. 
 
 funds siihsidy fmid III rospoct or siioh luiitioii. .».» c. 1'4, s. (>. 
 
 ( (rdiTM in 
 I'imni'M uppro 
 |ii luting' tail- 
 wiiy fiiMiU til 
 l»* Hiibn'ittid 
 to till' li':,'iNiii- 
 turt'. 
 
 OlcIciM til lio 
 
 puIiIiKlu'il. 
 
 I'ftymi'iitH 
 
 wln'Il til 111' 
 
 niado. 
 
 I. Kvoiy Old T in oouncil iiiado aftor tho sovontli (hiy of 
 DccoiiditT, ill tln' ycaroiK! tliousand oi<,'lit liimdrcd and st'vciity- 
 oiic, Of after tliiH Act takos oHoct, aiitliori/inj;' payiiiont to ;iny 
 
 . railway cotiiitaii}' of any part of tlio said funds shall, as soon 
 as convfuicntly iniiy he aftor tho niakiii;; of suoli ordor, Iw laid 
 hofoiv tho lA'j;'islativo Asscudily for its ratiticatioii orrojootinii ; 
 and no .iicli ordur shall In- oporativo unlossaml until the same 
 has hoon ratifitMl l>v a rosolution of tho Lo<,'is!ativo As.sonililv. 
 .So V. c. 2li, s. 1. 
 
 8. Evory ordor in council inn-lo under tho provisions of this 
 Act shall ho jtuhlished in tlio noxt following issue of tho 
 Oiititriu Ga:cCi: .'Jo V. c. 28, s. 2. 
 
 1>. Payiiionts may he made out of either of the said funds 
 aftor tho commissioner of pulilio works has ro]iortod, for tlio 
 information of the Lioutenant-Ciovernor in council, that tho 
 company has completed tho portion of its road in respect of 
 which payment is to ho made, inclu<liiig sidin^';s and stations, 
 witliin the ])erio(l for completion of tho road, named in the Act 
 or Acts relating thereto ; hut no ])aymont shall he mailo undci' 
 any such authority till the said coinmissionoi has reported as 
 aforesaid. Jj-i V. c. 2, s. 2 ; '^-y V. c. 24, ss. 8 k 7. 
 
 BO. Scrip or certificates ma}' ho i.ssiiod in respect of any 
 grant out of tho railway suhsid}- fund after i)aymont thereof 
 has heen duly authori/od, and the commissioner of puhlic 
 works has dul^ reported as provided hy the next preceding 
 section of this Act. 3.5 V. c. 24, s. .5. 
 
 II. The certificates issued to any railway company in respect 
 of <vny grant out of the railway subsidy fund may he in tho 
 form given in Schedule A to this Act, or to the like etiect ; and 
 when signed by the treasurer of this province and the accoun- 
 tant in his department, and countersigned by the aiMlitor, any 
 such certificate shall be valid and binding on the province, 
 according to its tenor and etiect ; ind it shall not lie necessary 
 for any transferee in good faith of such certificate to enquire 
 into, or obtain proof of any fact stated therein, all of which 
 shall be deemed conclusive, as against the province, in favour 
 of such transferee. 39 V. c. 22, s. 7. 
 
 On fulfilment 12. Every order in council made under tho provisions of 
 of the order ** this Act, which is Or becomos operative by the ratification of 
 in council, the Legislative Assembly, shall be so construed and read that 
 myment may ^pQ^ the fulfilment of the conditions contained in such order 
 
 be directed. ,r -i .i t • i. l f^ • -i i. i ■ 
 
 m council, the hieuton.ant-(iovernnr m cnuncil may, at his. 
 
 option 
 
 Pro vino. 
 
 Scrii). 
 
 Form (if ci'i'ti' 
 ticiitt'. 
 
 s. 2. 
 
S. 0. 
 
 ACT I "i(TIN(J Vll) TO ItAILWAYH. 
 
 C'AIV !•»(). 
 
 14:J 
 
 optiiiii, <rnfct that tlio payiiKint of tlu! Haid ord* r in council 
 
 HiitlioriztMl may 1m.' nuuh out of tho railway i'u., , or out of the 
 
 liiilway subsidy t'uud, tVoiu uiiy part of tl.;- said funds nspcsc- 
 
 livciv wliii'li li.is not lu'cn t-xiiaustiMl Ity actual piiynii'tits K,,nivnl.nt 
 
 dirt'ct»'d to l.(! niado tliereout l»y orders in council; and »» ,'|;';,"'[V,7«^^ 
 
 diivctiui,' till' said |>iiynii'nt at tlit; yt'iirly rate of out; luinilrccl „Hnt ii lui'ii.l 
 
 and ninety-four dollars forty cfuts per mile of railway, payal)lc 
 
 liiilf vuarly for tho full period of tvvt^nty years, com|)uted '■:^m 
 
 the first day of .liinuary, one thousand ei;,'lit hundieo .'id 
 
 sfveuty-two, such yearly payment shall he de(!uuHl ami taken 
 
 as eijuivalent to the payment in han<l at the late of two 
 
 tlic>. T.nd dollars perndle of railway, and virc. rvrxn, and in tho 
 
 like proportion where the <,'rant in aid per mile is ^^'rea-ter or 
 
 K->s than at the sai<l rate of two thousand dollars per uiilo, or 
 
 the said yearly rate of one hundred and ninety-f( ir dollars 
 
 forty cents per nule, notwithstandiu'^the same may 'm ) "ss than 
 
 one hundred and twenty or in (ixeess of two hundred \\'\ forty 
 
 dollars per annum. 37 V. c. 37, s. 1. 
 
 lit. In every case whore the conditions of the order in Direction to 
 cninu'il in respect of the j^'rant of aid have; been fulHlled, ami I'^y* 
 the railway {■ .;ipany is entitled to ictual payment in hpud oi 
 its e<iuivalent yearly payments, the Lieutenant-Governor in 
 council 1. ay, i;y order in council, direct that such ])aymen^" 
 may he made out of the said respective railway funds to such 
 railway company accordinj,dy ; ami such order in council shall "'iai-«e c-eat- 
 operate to eliar<fe in favour of su 'h railway company, the fund o^juJ 
 out of which such payment or payments is or ai-e directed to 
 he made with the i»ayment or j»nyments thereof : and such 
 railway company shall thereupon become entitled tt ))ayment 
 of the said amounts at the times and in the manner mentioned 
 in such Older in council w'.thout any abatement. 37 V. c. 37, 
 s. '1. 
 
 14. In any case where an order in council is passed under Auuulliui,' the 
 the provisions of this Act, and is operative by the ratification "''^''''" 
 of the Legislative Assembly, and has not lapsed through the 
 iion-|)erformance or non-observance of any )f the conditions in 
 that behalf in the said order contained, tho Lieutenant-Gover- 
 nor nevertheless upon being satisfied that there is no rejvsonablo 
 doubt that such railway or portion or portions thereof in res- 
 ]ioct of which the grant of aid is nuide, will not V)e completed 
 within the period mentionvd in the Act incorporating such 
 railway company and Hunted for tlie completion of sucli rail- 
 way or of such portion or portions thereof, may, ))y 
 order in council, declare that the said order in council for the 
 grant of aid ought to become nidi and void in respect of the 
 railway or portion or portions thereof so incompleted, and 
 that the saiu g'-ant of aid shou'd lapse, and, upon the rati- 
 tication of such order by resolution of the Legislative Assembly, 
 the said order in council foj- grant of aid, and the said grant 
 
 of aid 
 
 .1 
 
«;«i 
 
 144 
 
 R. S. 0. 
 
 ACT RESPECTING AID TO RAILWAYS. CaP. 10<J. 
 
 of aid in re>s2)ect of said incompleted railway or portion or 
 portions thereof shall be annulled and avoided accordingly. 
 37 V. c. 37, s. 3. 
 
 RAILWAY LAND SUBSIDY FUND. ' 
 
 Land set apart tH. Wherea.s tlie construction of colonization railways will 
 to rewnip 'tho pi'oniote the Settlement, and increase the value, of certain un- 
 piovince for settled lands in the Free Grant Teiritory of the Province; ami 
 of "aihrays!' whereas it is desii-able that a portion of the said lands should 
 be set ap->rt and sold for the pur[)ose of formin<; a fund to re- 
 coup the province in respect of moneys expended in aidi^io- 
 rrilways — there is hereby set apart for the purpose of being sold 
 and the proceeds a])plied to form the fund aforesaid, a tract 
 of land at least ten miles in width on each side of the pii-scnt 
 projected line of the Victoria Railway, or on each side of tlio 
 line of the said railway as the sanT^ may hereafter be tinaliv 
 located and established, which tract shall extend froni the 
 northern boundary of the townships of Ayr and Clyde to tlit> 
 river Ottawa at or near the mouth of the A'attawan river, 40 
 V. c. 14, s. 5. 
 
 Term.sof sale 16. "he Said lands so set apart as aforesai<l, shall be sold at 
 such price not less than two dollars per acre, and on such terms 
 and conditions otherwise, as the Lieutenant-Governor )> av 
 from time to time determine. 40 V. c. 14, s. (J. 
 
 I 
 
 1 ! 
 
 ■'ii: 
 ■r. 
 
 !! ;l 
 
 
 1" 
 
 
 
 i 
 
 
 
 
 ^l.'j"eyt''t'"rm 17. Tl^e moneys arising from the sale of the land so set 
 Mlbskly fund, apai't, ouall constitute a fund to be called " The Railway Land 
 Subsidy Fund," and a separate account of the same shall bi- 
 kept by the Treasurer of the Province. 40 V. c. 14, s. 7. 
 
 Aiij)lic'iition 
 
 of fllllll. 
 
 Pine trees 
 reserved. 
 
 IS. The said Railway Land Subsidy Fund .shall be appliurl 
 as follows : 
 
 (a) The cost and expenses of the collection of the said fund 
 shall form and be the tirst charge thereon. 
 
 (h) The remainder of the .said fuml shall be applied in or 
 towards payment of the moneys by this Act granted, or which 
 may hereafter be granted in aid of railways. 40 V. c. 14, s. b. 
 
 19. All pine trees upon the said lands shall be reserved from 
 .sale, and the proceeds of the sale of the said trees shall form no 
 part of the said Railway Land Subsitly Fund. 40 \'. c. 14, s. !». 
 
 Reduction <if 
 ])rice o' lands 
 
 i)nce o- lan.is ^^' ^" P'^'"?^ ^^^^^ ^^^ ^^^'^ ^^"'^'^ '"''^ placed in the market, 
 not wortli' s2 ^^^^ commissioner of crown lands reports in writing that any 
 an acit. particular portion or portions of the land so set apart is or are 
 
 not worth two dollars per acre, it shall l)e lawful for the Lieu- 
 tenant-Governor in council to reduce the said price, and the 
 
 same 
 
Liii 
 
 
 J{_ S. 0. ACT RESPECTING AID TO RAILAVAYS. CaP. IGG. 
 
 same may thereafter be sold at such reduced ra.te. 40 V. e. 14, 
 
 s! 10. 
 
 145 
 
 21. Notwithstanding anything herein contained, the Lieu- Lands so set 
 tenant-Governor in council may dispose, by way of free ,ii;i'ants,j||P;;*^^^'^| fj 
 of any of the lands so set apart as aforesaid, for tlie right of way of free 
 way of any railway, or for railway stations or workshops ; or ^i^^|;'*J\r^y^ 
 lands necessarily required for constructing or working any 
 railway, or any other lands required for public purposes, and 
 to whicli the Lieutenant-Governor in council may deeni it to 
 ))c in the public interest to make free grants. 40 V. s. 14, s. 11. 
 
 AID TO certain RAILWAYS. 
 
 an. Firsthj. Whereas subject to tlie conditions hereinafter Railway 
 mentioned, aid has heretofore been gi-anted out of the Consoli- granteiraiil 
 dated Revenue Fund to tbe undermentioned railway companies out (jf the 
 for the construction of the portions of railway hereinafter men- j^uml.^^^^" 
 tioned, as follows, that is to say : — 
 
 (1) The Lake Simcoe Junction Railway Company, from 
 StourtVilUe on the Toronto and Nipissing Railway to Jackson's 
 Point, Lake Simcoe, distance of about twenty-six and one-half 
 miles, at the rate of two thousand dollars per mile ; 
 
 (2.) The Belleville and North Hastings Kailway Company, 
 from tlie point of junction with the Grand Junction Railway, 
 for a distance of twenty-two miles northerly, at the rate of 
 three thousand dollars per mile ; 
 
 (3.) The Cobourg, Peterborough, and Marmora Railway 
 Company, for the distance between liar wood and Ashburham, 
 abui urteen mil'^s, at the rate of two thousand dollars per 
 mile 
 
 (4.) The Credit V^alley Railway Company, for the distance 
 between the Brock road and Ingersoll, tifty-two and one-half 
 miles, at the rate of two thousand dollars per mile ; and tor the 
 distance between Cataract and Eloi'a twenty-seven and one- 
 half miles, at the rate of two tl jusand dollars per mile ; 
 
 (:").) The Stratford and Lake Huron Railway Company, for 
 the distance between Stratford and Listowel, about twenty-five 
 mi k's, at the rate of two thousand dollars per mile; ''> V. c. 
 22,s. L 
 
 * 
 
 Secondly. — And whereas, subject to the conditions herein- Railway com- 
 after mentioned, increased aid has hei'etofore been granted out j^''^!"J!j]J'J"jJi*^^^^^^ 
 of the Consolidated Revenue Fund to the following railway 
 conq)anies to ensure the con)pletion of the portions of railway 
 hereinafter mentioned, that is to say : — 
 
 (!■) 
 
 i ' 
 
 ( l^'lli 
 
m 
 
 146 
 
 R. S. 0. 
 
 ACT RESPECTING AID TO RAILWAYS. CAP. l(J(i. 
 
 ii 
 
 ii 
 
 i 1 
 
 (1.) The Victoria Railway Company, from the town of 
 Lindsay to Kinmount, a distance of about tliirty-three mil 
 at the rate of one thousand dollars per mile ; 
 
 '-'S, 
 
 Aid to certain 
 othur railways 
 
 (2.) The IVFontreal and City of Ottawa Junction Railway 
 Company, from the boundaiy line between Ontario and Que- 
 bec, to or near the city of Ottawa a distance of about sixty-six 
 miles, at the rate of one thousand dollars per mile. 
 
 (S.) The Midland Railway Company, from Waubashene to 
 Midland Bay, a distance of about thirteen miles, at the rate of 
 one thousand seven hmdred and lifty dollars per mile; 
 
 (4.) The Grand Junction Railway Company, from the point 
 of present com|)Ietion, near Stirling, to Peterborough, a distance 
 of about forty-tive miles, at the rate of one thousand dollais 
 per mile ; 
 
 (5.) The Kingston and Pembroke Railway Comjiany, for the 
 distance of about sixteen miles, between Sharbot Lake and tho 
 River Mississippi, at the rate of three thousand seven hundred 
 and fifty dollars per mile ; :3!J V. c. 22, s. 2. 
 
 Thlrdlij.— Am] whereas, subject to the conditions hereinaftei' 
 mentioned, aid has hei'etofore been gi-anted out of the Consoli- 
 dated Revenue Fund to the undermentioned railway companies 
 for the construction of the portions of railway hereinafter 
 mentioned, that is to say : — 
 
 (1.) The Victoria Railway Company, from Kinmount Village 
 to Haliburton, a distance of about twenty-two miles, at the 
 rate of six hundred and ninety-two dollars and sixteen ceiit:^; 
 per mile, per annum, payable half-yearly for twenty years. 
 
 (2.) The Whitby and Port Perry Railway C(jmpanv, ivoin 
 Port Perry to Lindsay, dstance of about twenty-seven miles, 
 at the rate of one iiundrod and seventy-three dollars and four 
 cents per mile, per annum, payable half-yearly for twenty years. 
 
 (3) The Prince Arthur's Landing and Kaministiciuia Rivei' 
 Railway Company, fiom Piince Arthur's Landing to Fort 
 William, a distance of about six miles, at the rate of one hund- 
 red and seventy-three dollars and four cents per mile, per 
 annum, payable half-yearly for twenty years. 
 
 (4.) The Kingston and Pend.roke Railway Company, from 
 the Mississip{)i River to the Madawaska River, a distance of 
 about thirty miles, at the rate of six hundred and ninety-two 
 dollars and sixteen cents per mile, per annum, payable half- 
 yearly for twenty years. 
 
 (5.) The Credit Valley Railway Company, from Toronto to 
 
 IntrersoU, 
 
 the Li 
 V. c. 1 
 
I'llii 
 
 R. S. 0. 
 
 ACT RESPECTING AID TO RAILWAYS. 
 
 Cat ku;. 
 
 147 
 
 Iiigersoll, and its branches from Streetsville to Alton, and from 
 Oataiact to Elora, ])eing in all a distance of about one hundred 
 and fifty-two and a half miles, at the rate of eighty-six dollarb 
 and fifty-two cents per mile per annum, payable half-yearly for 
 twenty years ; such last mentioned aid being in addition to 
 former grants to this company. 
 
 (0.) The Montreal and City of Ottawa Junction Railway 
 ( 'onipany, from the boundary line between Ontario and Quebec, 
 to or near the city of Ottawa, a distance of about sixty-six 
 miles, at the rate of eighty-six dollars and fifty-two cents per 
 mile, per annum, payable half-yearly for twenty years; such 
 last mentioned i,id being in addition to former grants to this 
 company ; -tO V. c. 1 i, s. 1. 
 
 Therefore it is her. l)y enacted as follows :— 
 
 All of the said grants of aid are respectively subject to the 
 following conditions : — 
 
 1. The Lieutenant-Governor in council may require any . onditi«.ns 
 radway comjjany so aided to enter into an agreement or 'nee- upon which 
 iiients with any other railway comi)any or companies contain- Ire'Salfted'^ 
 uig such terms and details ns the Lieutenant-Governor in council 
 
 may approve of, in order to secure running powers or rights of 
 user to such company or companies over the line or portion of 
 line of railway of the company aided under this Act, or under 
 former Acts, in the discretion of the Lieutenant-Governor in 
 council, for tiie haulage thereover of the cars and trafiic of such 
 other company or companies, upon such terms as, in default of 
 agreenient between the respective companies, may be settled by 
 the Lieutenant-Governor in councd. 39 V. c 22 s 3 (!)■ 40 
 V. c. l-i, 8. 3(1). ' • W. 
 
 2. No payment shall be uiade to any of the above named 
 companies in respect of the said grants of aid for any portion 
 ot their railway until the commissioner of public works has 
 leported to the Lieutenant-Governor in council that such com- 
 pany has completed su'J portion of its road in respect of which 
 payment is to be made (including such sidings and station 
 houses as the commisf;'*oner may think necessary for the accom- 
 modation of the public,) within the period for completing the 
 railway or portion thereof named in the Acts relating to the 
 company, or by this Act or within such other period as may by 
 this Act be fixed for such purpose, 3!) V. c. 22 s T (2) ■ 40 V 
 c. 14, s. 3 (2). 
 
 3. Payments may be made as portions of the railway, not less 
 than ten continuous miles, are completed, as aforesaid, and in 
 cases where the whole distance aided is less than ten nules 
 then for such distance. 39 V. c. 21, s. 3 (3) ; 40 V. c. 14, s. 3 
 (3) & s. 4, part. 
 
 111 
 
148 
 
 R. S. O. 
 
 ACT RESPECTING AID TO RAILWAYS, CaP. IGG' 
 
 4. The increased grants of aid to tlie Grand Junction Kail- 
 way Company, and Kingston and Pembroke Railway Com- 
 pany respectively are to be p.iid out of the appropriations 
 heretofore made (nit of the Railway Fund by orders in council 
 in favour of said com[)anies respectively, so far as the respective 
 amounts may be sutticient, and are payable for portions of the 
 respective i-nilways not yet completed and which extended 
 beyond the portions for which increased aid is granted umler 
 this Act. 30 V. c. 22. s. 3. 
 
 I ; 
 
 3 1 
 
 ;; 
 
 ill 
 
 ili 1 
 
 ili 
 
 Statistical 
 information. 
 
 c'Tt'fi't'H ^' ^^^^^' ^ company nas complied with the conditions neces- 
 
 c'jr 1 ca es. .sary,andthe commissioner has reported as aforesaid, scrip or 
 certificates may be issued for and in i-espect of the said grant, 
 which scrip or certificates may be in the form of Schedule B 
 to this Act, or to the like effect; and when signed by the 
 treasurer of tliis province and the accountant in his department, 
 and courtersigned by the auditor, every such certificate shall 
 be valid and binding on the province, according to its tenor and 
 effect; and it sliall not be necessary for any transferee, in good 
 faith, of such certificate to enquire into, or obtain proof of, any 
 facts stated therein, all of which shall be deemed conclusive 
 as against the province, in favour of such transferee. 40 V. c. 
 14, s. 3 (4). 
 
 G. Each of the said companie? sliall furnish such informaticu 
 of the progress of the works on the railway of the company as 
 may from time to time be required by the commissioner of 
 public works, and also such statistical or other details, accounts 
 and information as from time to time may be retjuired from 
 them by the commissioner after completion of the railwav. 
 40 V. c. 14, s. 3 (G). 
 
 7. The location, grades, the widths and slopes of cuttings an<I 
 embankments, the plans of bridges, culverts, buildings, and 
 other structures, the weight and section of iron rails, and other 
 details of proposed construction of the Colonization Railwavs 
 herein mentioned, shall be subject to inspection and approval 
 by the government engineer before the commencement of the 
 works, as well as after completion. 40 V. c. 14, s. 3 (7). 
 
 liails nottobe S. In order to secure the continuous running of the railwavs 
 
 oXc'mint^''' ''^''^'^'' ^y ^'^'^ ^^*' *'i^ "'*'" "I" «teel rails laid from time to time 
 by any of the said railways, are not to be removed by the 
 company or by the authority of the company without the con- 
 sent of the Lieutenant-Governor in council obtained on the 
 recommendation of the commissioner of public works 40 V 
 c. 14, s. 3 (8). 
 
 (irant t-. por- 9. The appropriation heretofore made to the Kingston and 
 P.' Railway ^^"'^^'"ke Railway for that p(jrtion of the railway not yet under 
 cancdl«l! construction from the River Mississippi northward is hereby 
 cancelled. 40 V. c. 14, s. 3 (!);. 
 
 lidcations, 
 j,'ra<le8, Ac; 
 subject to in- 
 spection by 
 ^'ovevnnient 
 engineers. 
 
 if Lieut 
 Governor, 
 
 earn 
 
K S. 0. 
 
 ACT UESPECTING AID TO RAILWAYS. 
 
 Cap. IGG. 
 
 149 
 
 *ili. The payment in aid of the railways thirdly mentioned ^I"i^e uf pay. 
 ill section twenty- two of this Act, shall be computed in niauner grants.' 
 folio wi tig, that is to say : 
 
 ((<) If the portion of the i-ailway for which payment is made, 
 has been completed between the lirst day of January and the 
 first day of July, the payments shall be computed as commenc- 
 ing on the first day of January of the preceding year ; 
 
 (h) And if the portion for which the payment is made has 
 been completed between tlie first day of July and the thirty- 
 first day of December, the payments shall be computed as com- 
 mencing on the first day of July of the preceding year. 40 V. 
 c. U, s. 2. 
 
 24. For the ])urposes of this Act, the times respectively Extension of 
 limited for the completion of the railways or portions of rail- *^'"V^ ^"'' f""''i 
 way aided as mentioned in th^ twenty -second section or tins ways aided by 
 Act or under former Acts or orders in council duly ratified, ^"? "*" ^^^^'^^'^ 
 are hereby extended to the first day of January, one thousand 
 eight hundred and eighty. 3!) V. c. 22, s. 5 ; 40 V. c. 14, s 4, 
 part. 
 
 95. The Lieutenant-Governor in council 'nay also grant Aid to raii- 
 snch bonus, subsidy or annual payment to any company now ing'from Mus- 
 or hereafter to be incorporated, not in excess of a present pay- kokato the 
 ment of eight thousand dollars per mile, in such mode and canadiaifpa- 
 according to such terms and conditions as will secure the con- cific Railway, 
 struction of a lino of railway extending from a point in the 
 
 district of Muskoka as far north as Gravenhurst, so as to con- 
 nect the Ontario system of railways with the proposed line of 
 the Canadian Pacific Railway; (Georgian Bay Branch) at some 
 jioint west of the eastern end of Lake Nipissing : the grant of 
 such bonus, subsidy or annual payment to any company shall 
 be provisional until sanctioned by resolution of the Legislative 
 Assembly, and shall only be upon proper conditions for 
 securing full running powers and other rights of user for 
 other I'ailways and upon such other condition for securing 
 the due application of the grant, and the construction of the 
 railway, as the Lieutenant-Governor in council may require, 
 and no agreement in the premises shall be operative until 
 ratified by resolution of the Legislative Assembly. 39 V. c. 
 22, s. 4. 
 
 96. Every railway company taking the benefit of any o^ ^jfjyf"' ^"^'^" 
 the provisions mentioned or contained in the four next preced- county muni, 
 ing sections of this Act, and having authority under any Act '^'^^''^i'''-''^' 
 
 of this Legislature to obtain aid for such railway by grouping 
 ((t) two or more minor municipalities or sections thereof, shall 
 thereafter be subject to the following jirovision : — 
 
 2. 
 
 (a) Sec 43 V, c, 27, ss. 1(5 and 17, p, 163. 
 
>|H: 
 
 150 
 
 CJrou))In;j; of 
 minor immi- 
 cipalitieii.^ 
 
 rroceedintrs 
 
 R. S. 0. ACT RESPECTING AID TO RAILWAYS. CaP. KIO. 
 
 2. Where a porticM of tlio county municipnlity i^titions to 
 aid the raihvjiy, it shall be such portion only as consists of two 
 or more minor municipalities or sections tli'-reof, through which 
 the line of railway is to be constructed, or which will -be bene- 
 fited thereby, and such minor municipality and section thereof 
 shall lif contiguous ; but no minor uuinicipality or section 
 thereof, which is subject to a county or other by-law in aid of 
 the same railway, shall be thus grouped without the eoiisnit 
 of the majority of the duly (pi.^liHed v.tcrs therein expressed 
 to that end, when voting upon the proposed by-law. 
 
 3. In cases of aid from a county numicipality, or from a 
 ill oi.i>osinf,'_ rrrouped itoi'tion thereof, tweiit ■ resident freeholders oi tliu 
 of by-lii^s. county or portion comprised lu the proposed Ity law (as tlie 
 
 case may be) may petition the county council against submit- 
 ting the said by-law, upon the ground that certahi mi'^or muni- 
 cipalities or portions thereof comprised in the id by-hiw 
 would be injuriously atiected thereby, or upon any other 
 around ou<^ht not to be included therein, the said council shall 
 forthwith refer the said petition to thiee arbitrators, one being 
 the judge of the county court, one bting the registrar of the 
 county or of the riding in which the county town is situate, 
 and one })eing an engineer appointed by the commissioner of 
 public works, who shall have power to contirm or amend the 
 said by-law by excluding any minor munieipality or any sec- 
 tion thereof therefrom ; and the deeision of any two of them 
 shall be final ; and the by-law so confirmed or amended shall 
 thereupon, at the option of the railway company, be submit^;.; 
 by the council to the duly iiualiiied voters ; and the expense of 
 the reference shall be borne by the railway company or the 
 county, as the arbitrators may order. 
 
 Arbitr;(tors. ) 
 
 Costs 
 
 No. 
 
 i t 
 
 
 Ratetoi.e 4. In the case of a portion of the county municipality being 
 
 levied oulv on^ fQj.,j^g J into a group, the by-law to be submitted shall be that 
 mumeii.aiity'^ of the county, but the rate to be levied for payment of the 
 ■,'rantins debentures issued thereunder, and the interest thereon shall be 
 
 ^'""^*" assessed and levied upon such portions only of the county 
 
 munieipality, and the voting thereon shall be limited to the 
 
 duly (qualified voters in such portions only. 
 
 Interpreta- 5. The term " minor municipality '" shall be construed to 
 
 tion ()f worils mean any town not separated from the munici[)al county town- 
 uicipalit}""' ship or incorporated village situate in the e junty municipality. 
 
 Deposit by G- Beforc any such by-law is submitted, the railway corn- 
 
 company to pany shall deposit with the treasurer of the municipality a 
 ser* ^'''^'^"' sum sufficient to pay the expenses to bo incurred in submit- 
 ting the by-law. 
 
 1. 'Wi' 
 
 On rejection 7. In case the by-law submitted is not approved of, no iicr 
 of by-law by-law which is in substance the same shall be submitted to 
 none other to +y,n 
 
 fi 9 
 
 5 \ 
 
 13' " ' 
 
 m 
 
 ttfl 
 
R. S. 0. ACT rksi'p:cting aid to railways. Cap. IGG. 
 
 151 
 
 the voters of tlie saino immicipality or portions of the county liesubinitted 
 municipality until after the ex[)iration of six months from such f"r«»xiiinutha 
 rejection. 
 
 iS. Tlio foregoing provisions of this section sliall not api)ly to This section 
 nv attV'ct any luunicipalhy-law respecting grouped portions of {';;M«*;^;;;y;;r; 
 uiunicipalites which had before the tenth day of February, c.wh. 
 187(), been duly passed, or was at the said date being submit- 
 ted to the vote of th(i ratepayers. 39 V. c. 22. s. (J ; 40 V. c. 
 14, s. 3 (5). 
 
 No. 
 
 SCHEDULE "A." 
 
 (Section 11.) 
 
 FORM OF CERTIFICATE FOR PAYMENT. 
 PROVINCE OF ONTARIO. 
 
 CANADA. 
 
 Bailwaij Subsidy Fund. Certificate of Payment. 
 
 9 
 
 Tliis is to certify that under and by virtue of certain Orders 
 
 made by the Lieutenant-Governor of the Province of Ontario in council, 
 and dated respectively the passed 
 
 and duly ratified by the Legislative Assembly, under the provisions of an 
 Act of the said Province, intituled " A)i. Act respecting Aid to Itaihmys," 
 being chapter one hundred and sixty-six of " The Revised Statutes of 
 Ontai',\" the railway company is entitled to receive from 
 
 the Province of Ontario a semi-annual subsidy of dollars, 
 
 payable on the thirtieth day of June and the thirty-first day of December 
 in each and every year, until and inclusive of the thirty-first day o" 
 December, one thousand eight hundred and ninety-one ; anl it is hereby 
 further certified that the Province of Ontario will, upon the 
 (lay of one thousand eight hundred and and 
 
 upon the delivery of this certificate to the treasurer of the said Province^ 
 at Toronto, pay to the said railway company or its 
 
 assigns the sum of dollars and cents, 
 
 being the amount of subsidy payable to the said company upon such day. 
 
 This certificate and any interest on the sum mentioned therein shall 
 not pass or be transferable, except by transfer made by special endorse- 
 ment hereon. 
 
 Issued by the Treasurer of Ontario, this 
 day of A. D. 18 , in accordance with the order in council 
 
 dated day of A. D. 18 
 
 Countersigned by 
 
 Treasurer, 
 A ccountant. 
 
 I^h 
 
 Atulitor. 
 
152 
 
 R. S. 0. 
 
 AID TO RAILWAYS. 
 
 Cap. IGG. 
 
 SCHEDULE " B." 
 
 (Section 22, sit6-«ec<ion.T.) 
 
 FORM OF CERTIFICATE FOR PAYMENT. 
 
 m 
 
 1 < t 
 
 I' 
 
 ! i 
 
 i ! 
 
 i J:i! 
 
 «w- 
 
 PROVINCE OF ONTARIO. 
 
 CANADA. 
 
 No. 
 
 Railway Land Subsidy Fvnd — Cert ijicate fur Payment, 
 
 This is to certify that under and l)y virtue of a certain order made by 
 the Lieutenant-Governor of the I'rovinco of Ontario in council, and dated 
 the under the provisions of an Act of the said J'rovince intituled 
 
 " An Ad respecting aid to Bail ways," being chapter one hundred and 
 sixty-six of the " Hevised Statutes of Ontario," the 
 railway company is entitled to receive from the Province of Ontario, a 
 semi annual subsidy of dollars, payable on the thirtieth day of 
 
 June, and on the thirty-first day of December, in each and every year, 
 until and inclusive of the thirty-first day of December, one thousand eight 
 hundred and , and it is hereby further certified that tlie 
 
 Province of Ontario will, upon the day of , one 
 
 thousand eight hundred and , and upon the delivery 
 
 of this certifiate to the treasurer of the said province at Toronto, pay to 
 the said company or its assigns the sum of dollars, 
 
 and cents, being the amount of subsidy payable to the said 
 
 company upon such day. 
 
 This certificate and any interest in the sum mentioned therein shall 
 not pass or be transferrable except by transfer made by special endorse- 
 ment hereon. 
 
 Issued by the Treasurer of Ontario, this day of 
 
 A.D. 18 , in accordance with order in council dated 
 day of A.D. 18 
 
 Countersigned by 
 
 Treasurer, 
 Accountant. 
 
 Auditor. 
 
 mmem 
 
R. S. 0. 
 
 MUNICIPAL INSTITUTIONS. 
 
 Cap 174. 
 
 153 
 
 REVISED STATUTES OF ONTARIO. 
 
 CAP. CLXXIV. 
 
 An Act respecting Municipal Institutions. 
 
 "TTER MAJESTY, by and with tlio a<lvice and cont 
 Xj_ tlie Legi.slativo Assembly of the'Pro';ince of O 
 I'uacts as follows : — 
 
 sent of 
 Ontario, 
 
 h 
 
 60, 
 
 TITLE IV. — PtAVERS OF MUNICIPAL COUNCILS AS TO RAILWAYS. 
 
 5*19. The council of every township, county, city, town, By-laws may 
 nnd incorporated village may pass by-laws — ^"^ """'^ ^"' 
 
 1. For .subscribing for any number of shares in the capital T"''f'"s«tock 
 stock of, or for lending to or guaranteeing the payment of ways or g\iar- 
 any sum of money borrowed by an incorporated railway com- ''i"j^'^''*"^' 
 pany to which the eighteenth section of the statute fourteenth 
 
 and fifteenth Victoria, chapter fifty-one, or sections .seventy- ^•*^y^^-*^-*'^' 
 five to seventy-eight inclusive of chapter sixty-six of the Con- ^ g' ^^ 
 .solidated Statutes of Canada, or the equivalent sections of 88.75-78 
 " TJie Raihvay Act of Ontario" (a) have been or may be made 
 applicable by any Special Act j 8G V. c. 48, s. 471 (1). 
 
 2. For endorsinir or guaranteeing the payment of any deben- J'^r s^'^-[^'^* 
 
 1 . 11.1 p i 1 1 J.1 teeing tne 
 
 ture to be issued by the company tor tlie money by them payment of 
 borrowed, and for assessing and levying from time to time debentures, 
 upon the whole ratable property of the municipality, a suffi- 
 cient sum to discharge the debt or engagement so contracted ; 
 3G V. c. 48, s. 471 (2). 
 
 8. For issuing for the like purpose, debentures payable at ,^°,^g'^j"^"^ 
 such times, and for such sums respectively, not less than etc. " ''*' 
 twenty dollars, and bearing or not bearing interest as the 
 municipal council thinks meet; 3G V. c. 48, s. 471 (3). 
 
 4. For granting bonuses to any railway company in aid of Bonusef,, 
 such railwii3% and for issuing debentures in the same manner 
 as is in the preceding sub-section provided for raising money 
 to meet such bonuses ; 3G V. c. 48, s. 471 (4). 
 
 .5. For directing the manner and form of signing or endors- J"™ "^ 
 ing any debenture so issued, endoi-sed or guaranteed, and of ® ^" ^^^^ 
 
 countersigning 
 
 (a) See R. S. O. c. 165, s, 31, p. 114. 
 
 • !< 
 
 I 1 
 
154 
 
 R. S. 0. 
 
 ASSKSSMKNT OF I'Uol'ERTY. 
 
 Cap. ISO. 
 
 f ll, 
 
 countersi<,'nin<,' the saino, iin<l hy what ofticor or jhtsou the 
 Hatne shall be MO .signed, endorscil, or counter.signoil rcsjM'ctivelv. 
 
 ^al'T'lt *. ^^"^ "" '"""ifipal corporation shall sulwcrihe for stock or 
 
 liecr.iiHriind nicur a (lel)t or liability tor the itiirposos afoicsaKl, unless tlie 
 
 fcrn"' "^ hy-law before_ the tinal passing thereof receives the assent of 
 
 the electors of tlie munieipality in manner provided Ity tliis 
 
 Act (u). 3U V. c. 48, s. 471 (5j. (*SVc' aU, lie v. S(<d. c. l(i.) 
 
 H. .'H) (3). 
 
 JaHeT'Sl of ^^9' ^" ^^^^' '^"^^ "I'lnieipal comunl subscribes for and liolds 
 council to he >*tock in a railway company under s<'(.'tion five Imridred and 
 t.c-<jHa,> fifty-nine ,to tlie amount of twenty thousand dollars or up- 
 
 wards, the head of the council shall bo c\v-(>[jlicl(> one of the 
 directors of the company, in addition U) the liumbcr of direc- 
 tors autliorized by tlie sju'cial Act, and shall have the same 
 rights, powers and duties as the other directors of the company 
 30 V. c. 48, s. 47'). {See also Rev. Stat. c. 105, s. 31) ^4). 
 
 IV ilirector. 
 
 By-lawH au- 
 thori/.iiiK 
 branch rail- 
 ways, tram 
 and other rail- 
 •wavH aloiit; 
 higiiwayn. 
 
 •161. The council of every township may pass by-laws for 
 authorizing any railway comi)any, in case such authority is 
 neces.sary, to make a branch railway on property of the cor- 
 poration, or on highways, under such conditions as the council 
 sees fit, and subject to the restrictions contained in " The Rail- 
 ^vay Act of Ontario" (h); and any other Acts aflecting such 
 railway ; and may also pass by-laws to authorize companies or 
 individuals to construct tramways and other railways along 
 any highway on such terms and conditions as the council sees 
 fit. 30 V. c. 48, s. 470. 
 
 REVISED STATUTES OF ONTARIO. 
 CAP. CLXXX. 
 
 An Act rerpecting the Assessment of Property. 
 
 HER MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontarlu, 
 enacts as follows : — 
 
 * ♦ » « » 
 
 Heal estate of 4. The real estate of all railway companies shall be con- 
 
 P*anieR^&c.'"" s^ered as lands of residents, although the company has not an 
 
 office in the munieipality ; except in cases where a company 
 
 cease* 
 
 (a) R. S. O. c. 174, s. 286 et seq. See also 4:; Vict. c. 27. >sh. 16. 17. p. 163. 
 (fc) See R. S. U. c. 165, s. 21, p. 101. 
 
R. S, 0. 
 
 ASSESSMKNT OF PROPERTY. 
 
 Cap. 180. 
 
 155 
 
 ccaHcs to cxerciHo its c«)r)>oriite poworH, througl? insolvency or 
 utlior cause. 'S'2 V. c. yG, s. 7. 
 
 6. All lands and porsonnl proporty in this Piovince Nhall bo 
 liiililo to taxation subject to tbo following,' exceptions [inter 
 
 iil'id) : 
 
 (bS) The stock held by any person in any railroad company, llailinad ami 
 tlu' shan"< in building socictieH, and so much of the personal J.'iety "Jl^ek'. 
 property of any pernor as is invested in any company incor- 
 porated for the purpose of len<lin<^ money on the security of 
 real estate ; but tlu; interest and dividends derived from shares 
 in such buildinff societies, or from investments in such com- 
 panies as aforesaid, shall be liable to be assessed. '\'l V. c. 36, 
 s. <)(17);33 V. c. 27, s. y. 
 
 2l6. Every railway company shall annually transmit, on or Railway r<>m- 
 b'jfore the first day of February, to the clerk of every munici- }JfJh'certain'" 
 pality in which any part of the roadway or other real property Btat.nients to 
 of the company is situated, a statement showing: — 
 
 clerks of mu 
 nicipalitii'M. 
 
 1. The ([uantity of land occupied by the roadway, and the 
 actual value thereof, according to the average value of land in 
 the locality, as rated on the assessment roll of the previous 
 year; 
 
 2. The real property, other than the roadway in actual use 
 and occupation by the company, and its value ; and 
 
 .S. The vacant land not in actual use by the company, and 
 the value thereof, as if held for farming or gardening purposes ; 
 
 And the clerk of the municipality shall communicate such Duties of 
 statement to the assessor, who shall deliver at, or transmit by tiferenn. 
 post to, any station or office of the company a notice addressed 
 to the company of the total amount at which he has assessed 
 the real property of the company in his municipality or ward, 
 showing the amount for each description of property mentioned 
 in the above statement of the company ; and such statement", 
 and notice respectively shall be held to ije the statement and 
 notice required bv the thirty-seventh and forty-first sections 
 (a) of this Act. 32 V. c. 36, s. 33. 
 
 ANNO 
 
 (o) R. S. O. c. 180, 8. S7, enacts tliat it shall be the duty of every person assess- 
 able for real or personal property in any local municipality to give all necessary 
 information to the assessors, and if reijuired by the assessor or by one of the asses- 
 sors if there is more than one, he shall deliver to him a statement in writing signed 
 by sujh person (or by his agent if the person himself is absent) containing all the 
 particulars res|«!Cting tlie real or peisoual property assessabie against such person 
 which are required in the assessment roll ; and if any reasonable doubt Is enter- 
 
156 
 
 Cap. 10 
 
 AID TO CERTAIN 1 AILWAr^ 
 
 41 Vic. 
 
 ; ! ; I 
 
 ANNO QUADRAGESIMO PRIMO Vh lORI/E REGIN.K. 
 
 (41VIOT> 
 
 CAP. XVI. 
 
 xin Act respecting Aid to certain Railways, 
 
 [Aasentb'l to 1th March, LS7.S.1 
 
 HER MAJESTY, by and with the advice and consent of 
 the Le;^fi.slative AsseinVily of the Province of Ontario, 
 enacts as follows : — 
 
 ;i 
 
 ■' -li. 
 
 I il. 
 
 II 
 
 Short title t. This Act niav he cited and known as " The Railway Aid 
 
 Act, 1878," 
 
 Aid to certain 3. Subject to the conditions of this Act, aid shall be grantcMl 
 nuwaya. ^^^^ ^j ^^j^,^ Consolidated Revenue Fund to the undermentioned 
 railway companies for the construction of the pintions of rail- 
 way hereinafter mentioneil, that is to say : — 
 
 Ha' 'iton and (1) The Hamilton and North Western Railway Comppny 
 ern! ° ''^ from Jarvis to Dover, a distance of about ten miles, at the rate 
 of one hundred and seventy-three dollars and four cents per 
 mile per annum, jtayable half-yt irly, for twenty years. 
 
 Port Stanley 
 and Port 
 Franks. 
 
 (2) The Port Stanley, Strathroy and Port Franks Railway, 
 from Strathroy to the intersection of its line with the Ca. ada 
 Southern Railway, in the Township of Ekfrid, a distance of 
 about ten miles, at the rate of one hundred and seventy-three 
 dollars and four cents per mile per annum, payable half-yearly 
 for twenty years. 
 
 North Simcoe. (3) The North Simcoc Railway Company from Penetan- 
 guishene to its point of junction with the Northern Railway, 
 a distance of about thirty-three miles, at the rate of two hun- 
 dred and sixteen dollars and thirty cents per mile per annum, 
 payable half-yearly for twenty years. 
 
 3. 
 
 tained by the assessor of the correctness of any information given by the party 
 applied to, the assessor shall require from him such written statement. 
 
 Section 41 enacts that every assessor before the conii'letion of his roll shall leave 
 for every party named thereon, resident or domiciled or having a place of business 
 within tne municipality, and shall transmit by post to every non-resident who has 
 re<iuired his name to be entered thereon, and lurnished his address to the clerk a 
 notice of the sum at which his real and personal property has been assessed accord- 
 ing to the form of Schedule B annexed to this Act, and stiall enter on the roll 
 opposite the name of the party, the time of delivenng or transmitting such notice, 
 which entry shall be prima facie evidence of suf h delivery or transmission. 
 
1S7S. 
 
 AID TO CERTAIN UAII.WAYS. 
 
 Cap. 1G. 
 
 157 
 
 :i T 10 imviuent m iml of Railways undur this Act shall bo M.nU-<.f i.av- 
 coiiiputoil in iiui .nor tollowiiij,', that is to say : — 
 
 (t). If th<J jtortion of the railway for whidi payment Is inatlo 
 has b<'cn completed Lotween the first day of Jaruary and tho 
 first day of July, tho payments shall he computed as commenc- 
 in" on the first day )t' .ranuary ui tho preceding year ; 
 
 /») And if tho portion for which tho payment i '■ made has 
 liicn completed between tlu; first day of July and the thirty- 
 tiist day of December, the ])ayment shall be c('!n];'ited as com- 
 iiuiicing on the first day of July of the preceding year. 
 
 I. All of the saitl grants of aid are respectively subject to Coniliti'inHnf 
 following conditions : — grimtH. 
 
 1) The Lieutenant-Governor in Council may recpiire any Apepin.nts 
 rnilway mpany so aided to enter into an agreeiiient or witUoU.^^^^ 
 a-'reemeuts with any other railway coyipany or companies, Hecur;; to them 
 containing such terms and details as the Lieutenant-Governor '■,'',\y[^J,'^,,^,.,. 
 ill Council may aitprove of, in order to secure running powers ['he line niilta. 
 or rights of use to such company or companies over the liiie 
 or portion of line of railway of the company aided ii.ider this 
 Act, or former Acts, or in the discretion of the Lieutenant- 
 Governor in Council, for the ha.:lage thereover of tlie cars and 
 tiallic of such other company or companies, upon such terms 
 as, in default of agreement between the respective compan'.es, 
 may be settled upon by the Lieutenant-Governor in Council. 
 
 (2) No payments shall be made to any of the said com- Paymiiu not 
 panies in resi)ect to the said grants of aid for any })ortion of \{^^Jt''ll^ *'" 
 their railway, until the Commissioner of Public Works has Commissioner 
 reported to the Lieutenant-Governor in Council, that such com- '^vS'ls to 
 pany has completed the portion of its road in respect of which completinu of 
 payVnent is to b3 made (including such sidings and station- ^"le aiikd. 
 houses as the Commissioner may think necessary for the ac- 
 commodation of the public) within the period for completing 
 
 the railway or portion thereof named in the Acts relating to 
 the company, or by this Act, or such other period as may by 
 this or any other Act be fixed for such purpose. 
 
 (3) Payments may be made as portions of the i-aihvay, not ^'^^^^^''^^^J:^ 
 less than ten continuous miles, are completed as aforesaid ; and completedr 
 in cases where Jie whole distance aided is less than ten miles, 
 
 then for such distance. 
 
 (4) After a company has complied with the conditions neces- Scrip Certifi- 
 .sary, and the Commissioner has reported as aforesaid, scrip or *'**^®*' 
 certificates may be issued for aid in respect of the said grant, 
 
 which acrip oc certificates may be in the form of Schedule "A" 
 to this Act, or to the like offect ; and when signed by the 
 
 Treasurer 
 
 I. 
 
 .• t 
 
..:^ '' 
 
 158 
 
 Cap. lo. 
 
 AID TO CERTAIN RAILWAYS. 
 
 41 Vic. 
 
 Treasurer of this Province and the Accountant in his depart- 
 iiiont, and countorsignod by the Auditor, every sucli certiheate 
 snail be valid and binding on the Province, according to its 
 tenor and etJ'cct ; and it shall not ha necessary for any trans- 
 feree, in good faith, of such certificate to inquire into, or obtain 
 proof of, any facts stated therein, a'l of which shall be deemed 
 conclu,^ive as against the Province, in favour of such transferee. 
 
 K'.'s!o'."ri"o (•') 'T'^^ conditions contained in section tsvonty-six [a.) f.f 
 tu apply. ■ chapter one hundred and sixty -six of "The Revised Statutes of 
 
 Ontario," shall apply to all companies receiving aid under this 
 
 Act. 
 
 Ke""fven"o . ''^0 Each of the Said Companies shall furnish such infoima- 
 '.'(iinuiiKsidiier. i'Mi of the progress of the works on the railway of the com- 
 pany as may from time to time be required by the Commi- - 
 sioner of Public Works ; and also such statistical or other 
 details, accounts and information as from time to time may be 
 required from them by the Connnissioner after completion of 
 the railway. 
 
 nmov"'d*with^ ^"^^ ^^ order to secure the continuous running of such rail- 
 out consent of Ways aided by this Act, the iron or steel rails laid from time to 
 
 Lieutenant- time by any of the said railways are not to be removed by the 
 iiovernor. "^ *' . ,, .i ., ,. ,, . . ' , 
 
 company or by the authority of the company without the 
 
 consent of the Lieutenant-Governor ii\ Council, obtained on the 
 
 recommendation of the Commissioner of Public Works. 
 
 Tri^T"*^ (S) Payments may be made as p.urtions of such railway, not 
 
 ai'portlims'o'f Icss than t.n continuous miles are completed, and in casrs 
 »uch railways where the whole distance aided is less than ten miles, then for 
 
 are completed g^j^jj^i^t^j^^g^^_ 
 
 III 
 
 SCHEDULE " A." 
 
 Province of Ontario, Canada. 
 
 Raihoay Subsidy Fund. — Cevt'ijkate for Payment. 
 
 Tliis is to certify that under and by virtue of a certain Order 
 made by the Lieutenant-Governor of the Province of Ontario 
 in Council, and dated the 
 
 under the provisions of " The Railway Aid Act, 1878," the 
 
 Railway Company is 
 entitled to receive from the Province of Ontario, a semi-annual 
 
 subsidy 
 
 (a) See page 14!). 
 
IbTS. 
 
 REGISTUATIOX OF RAILWAY AID SCUII'. 
 
 41 ViC. 
 
 subsidy of dollars, payable on the 
 
 thiitieth day of June and on the thirty-firsL day of Docember, 
 in oiich and every year, until and inclasiva of the thirty-first 
 dav of DeotMnber, one thousand eight hundred and 
 
 , and it is hereby further certitied that the Province of 
 Ontario will, <ipon the day of , one 
 
 thousand eiijlit hun<lred and , and upon thede- 
 
 livcrv of tliis certificate to the Treasurer of the said Province 
 at Toronto, pay to the said company or its assigns, the sum 
 
 of 
 
 dollars, and 
 
 cents, bein<x the 
 
 amount of subsidy payable to the said company ujion such 
 day. This certificate and any interest in the sum mention(!d 
 thei-ein shall not pass or be transferable except by transfer 
 made l)y special endorsement hereon. 
 
 Issued by the Treasurer of Ontario, this day ol" 
 
 , A.l). IS , in accordance with Order in Council 
 aated day of , A.D. IH . 
 
 Treasurer. 
 
 Accountant. 
 
 Countersigned 
 
 •y 
 
 Audit or. 
 
 ANNO QUADRAGE8IM0 PRIMO VICTORLE REGIN.E. 
 
 (41 VICT.) 
 
 CAP. XIX. 
 
 An Act respecting the llegistration of llaihvay Aid 
 
 Scrip. 
 
 [Assented to 7th March, 1S78.] 
 
 HER MAJESTY, l)y and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 1 The ori<dnal holder of any scrip or certificate issued under HeKistiy uf 
 sections ten"and eleven, or the fifth sub-?ection of section Scnp. 
 twenty-two of chapter one hundred and sixty-six of the Re- 
 vised Statutes of Ontario, intituled an Act respectuig Aid to 
 Railways, or any suhseipient transferee of such scrip or certi- 
 ficat , may procure his name to be entered and registered in a 
 book to be kept for that purpose in the office of the Treasurer ^^^^^ ^ .^ 
 of the Province of Ontario ; and the last registered holder tg^ed hokl.r 
 
 whose deomedowner. 
 
160 
 
 1879. AMENDMENT OF RAILWAY ACT OF ONTARIO. ViC. 42. 
 
 10 
 
 w mm\ 
 
 ■I. 
 
 
 '. i 
 
 Si • ' 
 
 ^ ■* 
 
 IS' 
 
 m 
 
 Ihidorsenient 
 (111 scrip (if 
 ownersliip. 
 
 whose name appears upon such book of registration shall ..^ 
 primrx facie deemed and taken to be tlie legal owner and pos- 
 sessor of such scrip or certiticate. 
 
 3. The provincial treasurer, or his deputy, may, upon the 
 request of the holder of any such scrip or certiticate, who lias 
 procured his name to be entered and registered in such liodk 
 of registration as the owner of such scrip or certificate, cause 
 to be endorsed upon the scrip or certificate I'eferred to in the 
 said registration a certificate that such person is I'egistered in 
 the office of the p wincial treasurer as tlie owner of such scii}> 
 or certificate, spt,.;ifying the date of such registration and the 
 folio wherein the same appears of record. 
 
 How scrip to Jl. No such scrip or certificate, after a certificate of owner- 
 jiftcr'^'cert!"-'^^' ^^'^P •'^'o"*^'^l ^y the provincial treasurer or his deputy has bei'u 
 cate (if owner- endorsed thereon, shall be transferable, except by entry and 
 ship. registration of the name of the transferee in the book requii ei 1 
 
 to be kept under the first section of this Act, and the endorse- 
 ment upon the said scrip or certificate, such entry and menun- 
 andum of registration, to be signed by the [)roviucial treasurer 
 or his deputy. 
 
 Kegistry and 
 entry not to 
 lie made 
 cxct'pt on 
 iiutliority of 
 last regis- 
 tered owner. 
 
 Preamble. 
 
 4. ]So such entry and registration of any transfer of scrip or 
 certificate shall be made in th.^ said book of registry, except 
 upon the written authority of the person last entered in such 
 book as the owner of such scrip or certificate, or of his execu- 
 tors or administrators, or of his or their lawful attorney, whii-li 
 authority shall be <luly filed in the office of the provincial 
 treasurer. 
 
 ANNO QUADRACj:.SIMn SECUNDO VICTORLE 
 
 RECiSJi 
 
 f42 VICT.) 
 
 CAP XXYII. 
 
 An Act to amend The Failway Act of Ontai'o. 
 
 [A-'ntedtoUth March,l87''.] 
 
 \li /"HEREAS the Parliament of Canada has made adequate 
 VV provision for certain cases dealt with Ity the fifteenth 
 and sixteenth sub-sections of the ninth section of " Tbe Rail- 
 way Act of Ontario ; " and whereas :t Is no longer expedient 
 
 th;\t 
 
Cap. 28. issue of sc:rip for railway grants. Vic, 42. 
 
 161 
 
 that certain of the provisions of the said sub-sections should 
 api)ly to such cases : 
 
 Therefore, Her Majesty, by and with the advice and consent 
 of the Legishitive Assembly of the Trovince of Ontario, enacts 
 as follows : • 
 
 1 Tlie sixteenth sub-section (a) of the ninth section of " Tlu Certain provi- 
 Railway Act ot Ontario, and tlie provisions tor the asccitain- gj,, 15 and k; 
 tainiiient of compensation c(;ntained in the tifteentli sub-s-.;tion "f «• 'J of K-^S. 
 of tlie said ninth section of said Act (6;, shall no lunger extend to'ajVly'i'i'" 
 or ai)ply to any railway incorponi' ;d under an Act of the Legis- certain cases. 
 latui'c (if Ontario, in any case in which it is proposed that such 
 railway shall cross, intersect,, join, or unite v.ith, or be crossed, 
 intersected, joined, or united with a railway under the legisla- 
 tive control of Canada. 
 
 I'- 
 
 ANNO QUAPRAGESIMO SECT^ndO 
 
 GINyE. 
 
 VICTORI/E RE- 
 
 (42 VICT.) 
 
 CAP. XXVIII. 
 
 An Act to authorize the issuing of Scrii3 for Railway 
 Grants in crtain cases. 
 
 [Assented to llth March, 1879.J 
 
 HER MAJFoTY, l)y and vntli the advice and consent of 
 th • "!■ "<,i.slative Assembly o'i ilie Province of Ontario, 
 enacts ?T '.'.): ijws : 
 
 1. Upon the application of any railway company entitled to Aid to rail- 
 ivceive a" 1 >>.it of the Consulidated RaihVay Fund by way of n. 3',"'!';,lr 
 gro.ss payment per mile liy virtue of the provisions of the Act mial^aymentt 
 passeu in the tliirty- ninth year of Her Majesty's reign, ntitled ye^!!, i^'dieirf.f 
 "All Act respecting aid to certain Railways, and for other pur- oneg- issmu. 
 poses," or of the provisions of the Act passed in the fortieth 
 y<o\ oi Her Majesty's reign, entitled "An Act respecting aid to 
 ••ertaiii Railways and the creation of a Railway Land Subsidy 
 i und," or of the provisions of the Act passed in the forty-first 
 y ii" of Her Majesty's reign, entitled " An Act respecting aid to 
 ,.u!'; Ml Railw. ys," the Lieutenant-Gov( nor in council may, at 
 
 his 
 
 («) Sec pa^e 8t». 
 
 ('; see page 'JO, 
 
 J.:.:..,.y 
 
« 
 
 u 
 
 162 1880. MUNICIPAL ASSLSSMENTS AND EXEMI'TIONS. Vjc. 43. 
 
 his option diiect, in limi of such frvuas i)iiyinont, that pay- 
 ment shall be made somi-anriually to the said company 
 at the yearly rate of one liundred and seventy-three dollars and 
 four cents for the full period of twenty years for every sum of 
 two thousand dollars to which such company is entitled Ity 
 yirtue of the said Acts or any of them, and in like proportion 
 for every proportional part of two thousand dollais. 
 
 Jem^aimual . *^ '^"^^^ scnd-ainuuil payments of eighty-six dcjllars and 
 i.iynienu fifty-two cents shall be made on the thirtieth day of June, ami 
 thirty-first day of December, of each year, and the time shall 
 be computed in manner following, that is to say : 
 
 (a) If the portion of the railway for which payinent is made, 
 has been complete<l between the first day of January, and tli.' 
 first day of July, the payments shall be computed as counnenc- 
 mg on the first day of January, of the invceding year. 
 
 (J>) If the portion for which the payment is made has been 
 completed between the first day of July, and the thirty-first 
 day of December, the payment shall be computed as commenc- 
 ing on the first day of July, of the preceding year. 
 
 J; bTiid '■' * '"^^'''P "'■ certificates similar in form to the form of tin.' 
 certificate given in " Schedule A,' of the said Act, passed in 
 the forty-first year of Her Majesty's reign, entitled, "An Act 
 respecting aid to certain railways," may, l)y ilirection of the 
 Lieutenant-Governor in Council, be issued for such semi-annual 
 payments, and the provisions of the foui'th sub-section of the 
 fourth section of the said last mentioned Act, shall apply to 
 scrip or certificates issued under this Act. 
 
 ANNO QUADRAGESIMO TERTJO VICTORLE REGIN/E. 
 
 (43 VICT.) 
 
 CAP. XXVII. 
 
 An Act respcctino' Municipal Assessments and 
 
 Exemjitiuns. 
 
 [Ati.sentcd to btk March, 1880.] 
 
 HER MAJESTY, by and with the ad\ice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 for sueli 
 
 semi-annual 
 
 l)!i,yinents. 
 
I^Bk; 
 
 Cap. -ll. MUNICIPAL assessments and exemptions. Vic. 43. 
 
 163 
 
 I. The personal property of an incorporated company, other Assessment of 
 tlitiii tlie companies mentioned in the second sub-section of this {Iroi^ty of 
 section, shall be assessed against the company in the same uomiiau'ies. 
 manner as if the company were an unincorporated company 
 or juirtnership ; 
 
 (2) The personal property of a bank, or of a company which 
 invests the whole or the principal part of its means in gas 
 woi'k,>, plank or gravel road, railway and tram-roads, harliours, 
 or other works requiring the investment of the whole or prin- 
 cipal part of its means in real estate, shall, as hitherto, be 
 exempt from assessment ; but the .shareholders shall be assessed 
 on the income derived from such companies ; 
 
 [oj The twenty-ninth section of the As.sessment Act is here- 
 by repealed. 
 
 ****** 
 
 10. To render valid a by-law of any nmnicipality for grant- Provisions as 
 in^,' a bonus in aid of a railway or for promoting any manufac- *" ^onwi^ by- 
 ture, the assent shall be necessary of the majority of all rate- 
 payers who were entitled to vote on the by-law ; such assent 
 to be ascertained as hitherto ; and, in addition to the certificate 
 required by the three hundred and tenth section of the Muni- 
 cipal Act, the clerk, in case of the majority of votes being in 
 favour of the by-law, shall further certify 'lether or not, so 
 far as shewn by the voters' list and assessment roll, such ma- 
 jovity appears to be a majority of all the voters who were 
 entitled to vote on the by-law ; and, in case of dispute as to 
 tlie result of the vote, the judge shall have the same powers 
 fur determining the question as he has in any case of a scrutiny 
 uf the votes ; 
 
 {;!, The petition to the judge may be by any elector, or by 
 the council ; and the proceedings for obtaining the judge's de- 
 eisidu shall be the same, as nearly as may be, as in the case of 
 a scrutiny ; 
 
 3; This section shall go into force on the thii ty-first day of 
 December next, and shall apply to all Acts passecJ during the 
 present session of the Legislature, and to by-laws thereby 
 authorized, for any of the said purposes, as well as to other 
 Aets and any by-laws which may be hereafter passed there- 
 under. 
 
 17. So much of any enactment in private and other Acts GronplnK 
 heretofore passed, or passed at the present session of the Legis- clauses in 
 lature, as authorizes or provl^lJS tor the groupmg or joining repealed, 
 together of municipalities or a municipality or part of any 
 municipalities or municipality with part of another munici- 
 pality or parts of other municipalities for the purpose of grant- 
 ing municipal aid to any railway or railway company, is hereby 
 repealed and declared to be inoperative. This section shall go 
 into etiect forthwith. 
 
 ^iH 
 
 ANNO 
 
104 
 
 1881. 
 
 SAFETY OF RAILWAY KMPLOYKES, ETC. 
 
 i4 Vic. 
 
 ANNO (iUADIlAGESniO (iUAllTO VICTOR!. E 
 REGINyE. ' 
 
 (44 VICT.) 
 
 ^i;ii 
 
 , : 'Hi 
 
 'i 
 
 CAP. XXII. 
 
 An Act to make provision for the safety of Eailway 
 lLnil)loyec.s and the Pultlic. 
 
 [Ansentcil to itii Ma, -eh, iSf^l.] 
 
 IVciimlilc. VITIIP^REAS i'u'(Hient accidents to liiihvay sc-rviiuts and 
 VV others are oceasioned by tlu; neylect of railway coiu- 
 panies to provide a fair and rcasonalile nieasme of prt)tecti()u 
 aj^'ainst tlieir occurrence ; and whereas a proper construction ot 
 railway bridges aiid certain precautions in the construction and 
 maintenance of railway frogs, wing-rails, guard-rails, and freight 
 cars would greatly lessen, if not entirely prevent, the happen- 
 ing of such accidents. 
 
 Therefore Her Majesty, by and with the advice and consfiU 
 of the Legislative Assembly of the Province of Ontario, enacts 
 as follows : — 
 
 .Short title, 1. This Act may be cited a:^ " The Railway Accidents Act, 
 
 1881." 
 
 AiJiuication of 2. This Act and the respective provisions thereof apply to 
 •^®** every railway and railway company in respect of which the 
 
 LcLdslatiu'e of Ontario has authoritv to enact such provisions 
 respectively; and, in this Act, the expression "railway com- 
 pany" includes the owner or lessee of any such railway, and 
 the contractor working or operating the same. 
 
 " I'ackin,!;." 
 lueanin'/ of. 
 
 II. In this Act the word " packing" shall mean a packing of 
 wood or metal, or some other equally substantial and solid ma- 
 terial, of not less than two inches in thickness, and which, where 
 by this Act re([uired to be filled in, shall extend to within om- 
 and a-half inches of the crown of the rails in use on any such 
 railway, shall be neatly fitted so as so come against the web r;l 
 such rails, and shall be well and solidly fastened to the ties on 
 which such rails are laid. 
 
 Existing 4. Every highway or other overhead In-idge, or other erec- 
 
 bridgeji to Ije ^j^^j^ qj. structure over any railway, existing at the time of the 
 iiave a spixce pas.^ing of this Act, of which the lower beams or membci's 
 of seven feet f^f i]^q superstructure arc not of a sufficient height from the 
 
 surface 
 
 ■LiMi 
 
Cap 
 
 00 
 
 .s'Al'KTV (IF ItAIlAV.AY KMl'I.OYHKS. ETC. 
 
 •14 Vu- 
 
 l«i' 
 
 siii'fjico of tlic rails to admit of nn ripen and dcav headway 'ntwoen such 
 lit' at least seven feet lictween the top of the highest freight t'i'„,'t"nps'( if 
 ears then vunninj:;' on siieli railway, and fho hottom of such fmLrht cum. 
 lower hoams or niendiers, shall, within twelve months from that 
 (late, he ro-constructeil to that etiect, with snitalile apjiroaches 
 thereto, if a hridLje, hy and at the cost of the railway com- 
 pany, munieipality or other ownei- thereof, and sliall, at all 
 times thereafter he maintained at such heii,d)t; and oveiy such 
 railway comjiany hefore nsitii;- hiyher freiyht cars than those 
 rnnninj4' on their I'ailway at the time of the passing' of this 
 Act, or of tlie re-construction as aforesaid of any such hridge 
 or other erection or struettno, as the case may ho, shall, after 
 having first obtained tlu' consent of the munieipality, or of 
 the owners of such hridge or other erection or structure, I'aiso 
 every such hridge or other erection or structure over their 
 railway an<l the apjiroaehes thereto, if neci'ssary, at the cost 
 jinil cliaiges of the railway com])an_y, so as to admit as afore- 
 saiil an ojien and clear headway of not less than seven feet 
 (ivei- the to]i of the highest f-vight car then about to be used on 
 the railway. 
 
 »5. Whcnevt'r a highway bridge or any otliev ei'cction or Where new 
 stiiicture shall hereafter be constructed over a railwav, or wlien- ''ii'l«f« -irp i 
 ever it shall become necessaiy to re-construct any inghway „ne.s re-lmilt. 
 hridge, or other erection or structure already built over a rail- f'.'',H'f riYt" 
 way, or to make large repairs to the same, the k/wer beams oi' botweeirsudi 
 members of the sniierstructui'e of any such highway 'n- over- l'ii''t-'t''< -i"'! 
 
 1 1 1 • 1 r i1 J.' i. i. '■ ' •! the tolls (if 
 
 head liiidge, or oi any other erection or structure over any rail- fivi^rjitcnrs. 
 way and the approaches thei'eto, shall be constructed or re- 
 constructed by and at the cost of the railway company, or of 
 the mnnici])ality (»r other owner of the bi-idge, erection or 
 .structure, as the case may be, and shall at all times be main- 
 tained at a sutl:eient height from the surface of the rails of tlio 
 railway to admit of an open and clear headway, of not less than 
 sev"n fei't between the top of the highest freight cars then 
 running on the railway, and the lower beams or members of 
 such bridixe or other erection ; and thereafter, anv railwav 
 company, before using higher freight cars than those running 
 on their railway at the time of the construction or re-con- 
 ■>t ruction of, or large repairs to, such bridge or other erection 
 ir structure, shall, after havin;^ first obtainetl the consent of the 
 inunicipalit}', or of the owners of such highway bridge, or other 
 erection or structure, raise the said bridge or other erection 
 or structure and the approaches thereto, if necessary, at the 
 cost and charges of the railway company, so as \ ) admit, as 
 aforesaid, an open and clear headway of not less than seven feet 
 over the top of the highest Ireight car then about to be used on. 
 the railway. 
 
 O. To make further provision against accidents, it is hereby "^ fecial provf- 
 
 further enacted, that 
 
 (I) 
 
 sions .-vgainst 
 ."weideut. 
 
mi 
 
 I ! 
 
 ' m \,\ « 
 
 
 
 1<5<) 
 
 8|)ac(' lietwecu 
 railH in fm^s 
 to lio tillfil in 
 with ituokiny. 
 
 Ketfiilations as 
 sjiace between 
 wiuj,'-r.iils ami 
 frogs dnrinK 
 certain 
 uiontlu . 
 
 1N81. 
 
 SAFETY (JF RAILWAY EMl'IXA'KKS, KTC. CAI'. 21 
 
 Ivtgiilations an 
 to running 
 boards. 
 
 Eailway com- 
 pany neglect- 
 ing provisions 
 of the preced- 
 ing sections to 
 be liable for 
 injury occa- 
 sioned by sucli 
 neglect. 
 
 By reason of 
 bridges not 
 being 7 feet 
 above cars. 
 
 (1) On every railway aforesaid, and at all times after tliu 
 
 lapse of three months fioni the passing' of this Act, 
 the space between the rails in each railway froj,' ex- 
 tending; from the point thereof baekward to where the 
 heads of such rails are not less tlian tive inches apart, 
 shall he tilled in with paekinj,' ; 
 
 (2) On every such railway, and at all times diu-inj,^ every 
 
 month of April, May, June, July, Auii:ust, Sej)teml)er 
 and October, after tlie passing.; of this Act (but n(jt 
 including the months of April and May next, after the 
 passing hereof), the space between any stich wing-rail 
 and railway frog, and between any such guard-rail an<l 
 any other rail fixed and used alongside thereof as afore 
 said, and between all wing-rails where no other rail 
 intervenes, shall (save only where such space Itetweeu 
 the heads of any such wing-rail and railway frog as 
 aforesaid, or between the heads of any such guard-rail 
 and other rail fixed and used alongside thereof as 
 aforesaid, or between the heads of any such wing-rails 
 where no other rail intervenes as aforesaid, is either 
 less than one and three-quarters of an inch or mure 
 than five inches in width), be tilled in with packing,'; 
 
 (3) The running-board on the roof of each box car used f(»r 
 
 freighting purposes on any such railway, shall at 
 all times after the lapse of twelve months from the 
 pa.ssiug of this Act, be of a suthcient thickness and 
 strength, and not less than thirty inches m width, 
 and shall, with proper and safe supports, extend 
 the whole length of such car and beyond each end 
 thereof to a point not more than two inches less than 
 that to which the dead-svood or bumpers at each end 
 of such car likewise extend; 
 And every railway company owning, working or operating 
 within this Province any such railway, shall on and througlujut 
 said railway so make, arrange and construct and re-arrange, re- 
 construct and maintain all railway frogs, wing-rails, guard-rails 
 and other rails forming part of such railway or used theiewitli, 
 and every such space as aforesaid, and the tilling in thereof with 
 packing as aforesaid, and the running-board on every such box 
 car as aforesaid in such manner and at such time that the same 
 shall respectively conform to and comply with the require- 
 ments in that behalf of this section. 
 
 7. Where within this Province personal injury is caused to 
 a railway servant, whilst in the enqiloymentnr service of a rail- 
 way company, or any railway owned, worked or operated by 
 said railway company, or to any other j)erson lawfully in, upon 
 or about said railway, or any train or car thereon, and such pei- 
 sonal injury has been occasioned or arose either wholly or partly 
 (1) By rejuson of the lower beams or members of tin; 
 superstructure of any highway, or other overhead 
 
 bridge 
 
 ' 
 
 iJu 
 
O.) 
 
 Cai'. 22. 
 
 SAFETY OF RAILWAY EMPLOYEKS, ETC. 
 
 44 Vic. 
 
 167 
 
 (•-2) 
 
 bridge, or any other erection or structure over said 
 railway, not bein<f at all times alter the lapse of twelve 
 months from the passing of this Act, of a sufficient 
 height from the surface of the rails to admit of an 
 open and clear headway of at least seven feet between 
 the top of the liighest freight cars then running on 
 sucli railway, and the bottom of such lower beams or 
 mendjers ; or, 
 By reason of the space between the rails in any railway By reason 
 frotr, extendin<r from the point of such frog backward «'f "■»il'* i" . 
 
 1 .111/- 1 M 1. 1 j.i_ I' fniifs not beiiiL' 
 
 to where the heads ot such raus are not less than live fiUedin with 
 inches apart, not being at all times after the lapse of inKkin^,'. 
 three months fiom the passing of this Act tilled in 
 with packing ; or, 
 
 ol 
 
 (3) By reason of the space between any wing-rail and any By reuHon of 
 
 such railway frog,and between any such guaid-rail an<l Xg-raUfTnot" 
 any other rail fixed and used alongside thereof as afore- being tilled in 
 said, and between all wing-rails where no other rail j,iHng''oMt"m 
 intervenes, (save only where such space between the montba. 
 heads of any such wing-rail and railway-frog as afore- 
 said, or between the heads of any such guartl-rail and 
 other rail fixed and used alongside thereof as aforesaid, 
 or between the heads of any such wing-rails where 
 no other rail intervenes as aforesaid, is either loss 
 than one and three-cjuarters of an inch or more than 
 five inches in width,) not being at all times during 
 every month of April, May, June, July, August, Sep- 
 temljer and October, excepting the months of April 
 and May next after the passing hereof, filled in with 
 packing ; or 
 
 (4) By reason of the running-board on the roof of any box By reasons of 
 
 car used for freighting purposes on any such railw^ay, '''""i!";;,.!'?,..' 
 
 .■ « » n i 1 lit* ii • 1* HOC MuiHy pro* 
 
 after the lapse of twelve months from the passing or periy con- 
 this Act,notbeing of asufficient thickness and strength, strutted. 
 and at least thirty inches in width, and with proper 
 and .safe supports, extending the whole length of such 
 car and beyond each end thereof to a point not more 
 than two inches less than that to which the dead-wood 
 or bumpers at each end of such car .shall then be like- 
 wise extending ; 
 such railway servant or other person, or in case the injury re- 
 sults in death, the legal personal representatives of such servant 
 ov other person, and any persons entitled in case of death, shall 
 ))e entitled to recover from such railway company compensa- 
 tion for all damages and loss sustained from or by reason of 
 such injury ; and where any such injury has been so caused to 
 or suffered by any such railway servant, the right of compen- 
 sation and the remedies against the railway company shall bo 
 the same as if such railway servant had not been a servant of, 
 nor in the employment (jf the railway com[)any, nor engaged 
 in its work. 
 
 8» 
 
 
Iff 
 
 I 
 
 I 
 
 lOs 
 
 Ibbl. 
 
 sAFiiTY Of iiAiLWAV kmi'U»vI';ks, i;rc. 
 
 cai' a 
 
 Wlini mil- 
 
 WiiV lli'l li:iMi' 
 fol-'lk'fiiult. 
 
 I'liK'Ks (U'fiiult 
 
 ftc, llui' til 
 
 I'liiuiiaiiN'. 
 
 N. A I'iiilway scn-vant shall not 1k' »'iitltlt'il,ini(lt'i' tMx Act, to 
 any tiu'lit of coniiH'nsatiDn or ri'mcdy a^^ainst tlic railway ciuii. 
 ]iaiiy of wli it'll Ih^ is such servant in any uf the fuUowinj,' case.s, 
 tliat is to !say : 
 
 (I; rnli'ss, till' fl. 'fault, nmtti'f, or thin;; wlmlly or itaitly 
 uccasionin;^' the j'i'rsunal injury as nimiionotl in -ac- 
 tion seven of this Act, arose from oi' hail not liceii 
 iliscdvnvil or remedied, owin;^ to the ne^ligenee ut 
 such railway comiiany, ''V of some person in the ser- 
 vice of and' entrusted l>y the railway company witli 
 the duty of seeinLf that such default, matter or lliini: 
 <lid not liappen, occur or exist; 
 
 {•J.) \n any casi' where the railway servant knew of tin 
 matter, default or nenlij^aMice which caused the injury 
 and I'ailed within a reasonaMe time to i^ive, or au-i 
 to he eivcii^ information tlierei)f to tlu' railway com 
 pany or some pers')n superior to himself in theservict 
 of the railway company, uidess he was aware tlia 
 the railway comjiany or such supeiior already kuev 
 of the said matter, default or nei^li;,'ence ; 
 
 (o) In any case where such matter, default or negli;^^ncl 
 was occasioned hy Lis uwn act, (^mission or neglii,'enci 
 
 O. The amount of compensation recovt^raMo under this Ac 
 in the case of injury to any railway servant as jUoresaid, >liul 
 not exceed such sum as may he found eiiuivaleiit to the esti 
 mated carnini^^s, during the three years preceding the injury o 
 a person in the same gra<le, eniployeil during those years in tip 
 like eujploymeut, and witiiin this i'rovince. 
 
 Limitation cf 10. An action foi' the recovery, umler this Act, of compensa 
 
 actions |.j^j^ 1'^^, .,,^ injury, shall not lie maintainahle uidess the actio 
 
 is coinmenc(3d within six months from the occui'rence of th 
 
 accident causing the injury, or, in case of death, within twelv 
 
 months from the time of death. 
 
 If i'iii|iloyi'C 
 
 fiiili'il tiiiiiitifv 
 t'oni|iaii.v I if 
 (li'fault nuk'MH 
 awari' that 
 tlii'V had 
 liliowluilire. 
 
 If ilufaiilt tliio 
 til eiii|iliiyci.''« 
 own ui'Kli- 
 i,'eni.'e. 
 
 Limit i)f fnin- 
 Vi'ii-atidU fi'r 
 iiijurv. 
 
l'L<»VKKH, KTC. 
 
 Cai' 
 
 i oiitltlt'il.iindt'f tills Act, u. 
 
 ly iij^aiiist till' liiilwjiy niia- 
 
 any of thu t'ol lowing' cases, 
 
 or tliiii;,' will illy or {lai'tly 
 iijiiry as iiirniioiUMl in -oc- 
 ai'ojsu from oi' hail not 1.1:11 
 wiii;^ to tlio ni'^ligfiict' ol 
 ■ of soini' pt'ison ill tlir >l'i- 
 ' tlu' railway c( nuiaiiy with 
 K'h (It'fault, iiuittcr oi- lliiii^' 
 jxist ; 
 
 way servant knew of the 
 nc'u vvliii'li caused tlio injur\ . 
 lalih' time to give, or aii-c 
 licrci)f to the railway coiii- 
 rior to himself in thcservico 
 unless 111! was aware thai 
 ^ueli superior aliiiuly knew 
 t or in'gligeiice ; 
 
 itter, default or neL;ii,i,\ncc 
 n act, omission or negiigeiitv. 
 
 recovernhlo uiuh'r this Act 
 )■ servant as aforesaid, >li!ill 
 jund eiiuivalcnt to tlie 1 •^ti- 
 ears preeeding the injury ef 
 ed (hiriiii,' those years in tlu' 
 .'rovince. 
 
 under tliis Act, of compensa 
 ,intainalile unless the action 
 from the; occurrence of tlir 
 Liase of ileatli, M'ithin twelve 
 
 i ') 
 
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 or 
 
 THE DOMINION OF CANADA. 
 
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 m§ 
 
 Tha following Enactments of the Dominion Parliament are applicable 
 to the Hamilton and North-Westem Railway Company, and to the North 
 Simcoe Railway Company, and the Flos Tramway Company, under lease 
 to the Northern and North-Westem Railways. 
 
 II ! 
 
 4 
 
1875. CRUELTY TO ANIMALS WHILE IN TRANSIT. 38 ViC. 
 
 171 
 
 STAT UTES 
 or 
 
 THE DOMINION OF CANADA, 
 
 AFFEUTINO KAILWAY.S IN THE 
 
 PROVINCE OF ONTARIO. 
 
 ANNO TRICESIMO OCfAVO VICTORIiE REGIN/E, 
 (38 VIOT., CANADA.) 
 
 CAP. XLII. 
 
 An Act to prevent Cruelty to animals while in transit 
 by Railway or other means of conveyance within 
 the Dominion of Canada. 
 
 [Assented to 8th April, 187").] 
 
 WHEREAS the transportation of cattle, by railway or Preamble, 
 vessels for long distances without rest, food or water 
 is liable to cause suffering from hunger thirst and fatigue, and 
 whereas it is expedient to make provi .ons for the regulation 
 of the transportation or conveyance of live stock over the lines 
 of railway, and by vessels, within the Dominion of Canada : 
 Therefore Her Majesty, by and with the advice and consent 
 of the Senate and House of Commons of Canada, enacts as 
 follows : — 
 
 1. In this Act the term " Cattle " .shall include any horse, interpieta- 
 mule, ass, swine, sheep, or goat, as well as any neat cattle or !^.'"V'Tj „ 
 animal of the bovine species, and whatever be the age or sex 
 of the animal, and by whatever technical or trivial name it 
 may be known, and .shall apply to one animal as well as many. 
 
 3. No railway company within the Dominion of Canada, (^-.^m^ j^;,^ 
 whose railway forms any part of a line of road over which on KiviUvay-^ 
 cattle are conveyed from one Province to another Province, or not t^'il'e'^' 
 from the United States to or through any Province or from kei>t nioit- 
 any part of a Province to another part of the same, nor the wuiiotit'i'in-" 
 owner or master of any vessel, carrying or transporting cattle, loacUn;,' them 
 from one Province to another Province, or within any ProN 'ice, |^'^' ^""''' '■'^"''• 
 
 or ' " 
 
I 
 
 I'l 
 
 IvMrptil'l 
 
 I Jll.r. Ill 
 ll'i kiillfd 
 
 Cat. 4;]. ( i;ri:F;iv 
 
 ANIMALS WIIIM; IX TltANSIT. ;>,S \'!i 
 
 or iViiiii the L'liittd States tlinni^li oi- to nny J'l'oviiico, A\i\\\ 
 coiiliiic tlio sniiH' in any car, <ir vessel of any (Icscriptioii, for 
 a loiinvi' |icii(jtl tlian twcnty-cinht consecutive lioni's witliMiit 
 unlailiiii;' the same foi' rest, water and leediiin' for a period oi at 
 least live consecutive liours, unless pi-evented oni so unladiiii^ 
 and rurnislnni;' Avater ;ind food 1)\' storm or otlier unavoidalijc 
 cause or l)y necessary delay or detention in tlie cro^sini;' of 
 trains. In reekouiuij,' the period of eoiilineiiient, tlie time (lui- 
 iiiu' which tlie cattle have been contlned without si'ch rest auil 
 without the furnishing,' of food and water, or any coiniectin 
 railways oi- vessi'ls from which they are received, whetlier in 
 tlie Tnited States or in Canada, shall be included, — it lieiiiu 
 the intention of this Act to lU'event their continuous couliii. - 
 ment btyond a pei'iod of tweiity-eiyht hours, except up()n tin 
 contingencies liereinbefore stated. 
 
 'I'd \x lllM|IL'lly 
 
 fed, iSi'. , iliir- 
 ilii,' .-Ufli ivst. 
 
 At wlin^L 
 
 OXJlL'llSl'. 
 
 J /it'll for 
 
 ••XlHilSf. 
 
 •I. Cattle so uidoaded shall lie })io])erly fed and wateivd 
 dnrinu- such rest liy the owner or [lei'son havin^i;; the custudy 
 thereof, or in case of his default in so (hjiny, then by the raii- 
 Avay company or owner or master of the vessel transiiortiiiL; 
 the same, at the expense of the owner or peison in custodv 
 thereof; and the company, owner or master sliall, in such 
 case, have a lien upon such cattle i'or fooil, care ami custody 
 iurni>hed, and .shall not be liable for any detention of .•<ucli 
 cattle. 
 
 Car- til Ik- 
 ■Ifaiifil out. 
 
 n 
 
 Poiiulty fn: 
 
 cHiiiti'avou 
 
 tioii 
 
 r'riuisn \vi 
 food and 
 .-^liai'e ai'e 
 lii-iltd. 
 
 C'oiistalilo 
 may enter 
 lU'eliiise.i to 
 .-ee if Act is 
 loiiiplied 
 with. 
 
 4. Where cattle are unladen from cais for the purpose of 
 receiving food, water and rest, it sliall be the duty of tin 
 railway company then havinj^' charge of the cars in Avliich 
 they have been tran.sported, to clear the floors of sucli cars, 
 and to litter the same jiroperly with clean saw-dust or sand 
 before re-loading them with live stock, exce}it during a period 
 of frost. 
 
 i>. Any railway company, owner, or mustei' of a \essel. 
 having cattle in transit as aforesaid, wlio shall knowingly 
 and wilfully fail to comply with the provisions contained 
 in the second section of this Act, shall for eaeli and eveiy such 
 failure to comply with its ]irovisions, forfeit and [wiy as "a pen 
 alty a sum not exceeding (>ne liundred dollars for eacii case in 
 which such jirovi.sioiis are disreganled ; Piovidel however, 
 that when cattle are caiiied in any car or vessel, in winch 
 fur. they can and do have proper .space and opportunity for rest 
 and proiier food and water, the foivgoing provisions in the 
 second section contained in regard to their being unladen shall 
 not apply. 
 
 i\. Any ]>cace ofhcer or constable may at all times eider on 
 premises where he has reasonable groiinds for supposing that 
 any car, truck, or vehicle in ri'spect whereof any company or 
 per.son has failed to comply with the reouirements of this Act. 
 
 i> 
 
l.s?'). 
 
 (UUK'.TV T(i ANIMALS WJlll.I-: IN TKANslT. CAP. 4:). 
 
 / o 
 
 i> v< lie I'mind, nv outer cii linard any ve>scl in I'cspcct wlicivnf 
 111' lias ivasuiuiljli' j^'ruunds tor su]i|iosi)ii4' that any company or 
 |ii iMin lias on any Dccasioii so iailiMl ; and ii" any person rc- 
 \'\\-i- admission lo such pi'ace nfliccr or constaiilc actin.Lj under 
 till- section, such per.son shall l.>c deemed i;"uilty of an (itleuce 
 a-ainst this Act. 
 
 ». If any pei^on is .guilty of any offence n-ainst this Act, I'.ii.iliy fc.r 
 a- in the last pieeedin^' section mentione(l, ho shall, fi>i' every ['.''''■''V^'","; 
 -licli otfenee, fovl'eit and pay sucli a sum of money not oxceediiiL^' 
 twenty dollars, nor less tlian Jive dollars, with costs, as to any 
 line Justice of the Peace, for the district, county or place in 
 which the oii'ence lias hoeii coinniitted, may si'oni meet. 
 
 > 'J'lio oflender shall in default of payment ho committed liuinisimiiRiit 
 to the comm(»n jail or other i)lace of confinement for the dis- '" '''^'^"■"l' "' 
 trict. county or place m Avluch tlie otionc-e was comnntti'd, 
 there to oe iniprisoiieil for anytime not exeoediiicr thirty days. 
 
 1>. Xothiiii;- in tliis Act contained shall prevent or ahridj^'o j;i..ht nf suit 
 any remeily by action against the oti'emler or his employer f'"' <l:i"i:iKe^ 
 where the amount of the daniayo is not sought to bo recovered ""^ '^' ^^ '''' ' 
 hy virtue of this Act. 
 
 BO. ]]very penalty recovorahle under this Act shall holong x,,];^^^.^^;,,,, 
 to tlie i.'rown ; and every proceedin^• for the recovi-ry of such of iicniilty mnl 
 penalty shall ho commoncod within one month next after the J^'';^^'^'''''"'" ''^ 
 coiiiiiiittinij' of the ofibnce. 
 
 II. Every oti'ence ayjainst the seventh section of this Act Act ;i2-o:! 
 ii!;>y he prosecutoil in the manner directed hy the "Ad vr.s- V. c. .31 v> 
 lircf'iiuj the duties of Ju.stice'i of tlie Peace out of Sei^sions in'^^'^'^' 
 ■rdd.iioiK to svmmaru <-'onvtd'ions and orderly .so far as no pro- 
 vision is hcrehy made for an}- matter or thing A\hich may lio 
 reipured to he done with res2)ect to such prosecution ; and 
 all the provisions contained in the said Act sliall he applicahlo 
 to such prosecutions in the same nianner as if they were in- 
 coiporated in iiii> Act. 
 
 '■ H 
 
 ? ".I 
 
174 
 
 1871). 
 
 CONSOLIDATED RAILWAY ACT 
 
 42 Vic. 
 
 ANNO QUADRAGESIMO SECUNDO VICTORLE 
 
 REGIN.E. 
 
 (42 VICT.) CANADA. 
 
 CAP. IX. 
 
 An Act to amend and consolidate " The Kailway Act 
 of 1868," and the Acts amending it. 
 
 [Assevted to lofh May, 1879.] 
 
 HER Majesty, by and with the advice and consent of the 
 Senate and House of Commons of Canada, enacts a^ 
 follows : — 
 
 POWERS. 
 
 To cross or 
 unite with 
 other rail- 
 ways. 
 
 ? 
 
 7. The company shall have power and authority, — 
 
 lo. To cross, intersect, join, and unite the railway with any 
 other railway at any point on its route, and upon the lands of 
 such other railwi with the necessary conveniences for the 
 purposes of such connection ; and the owners of both railways 
 may unite in forming such intersection, and grant the facilities 
 therefor ; and in case of disagreement upon the amount of com- 
 pensation to be made therefor, or upon the point or manner of 
 such crossing and connection, the same shall be determined by 
 arbitrators to be appointed by a judge of one of the superior 
 courts in the province in which the point of junction or inter- 
 section is situated : 
 
 I'.nt not with- IG. But no railway company shall avail itself of any of tlio 
 
 tioV^to'thT" powers contained in the next ])receding sub-section without 
 
 iLaiiway Com- application to the railway committee constituted under the 
 
 "S.""'^" thirty-fifth section of this Act (a), for approval of the mode of 
 
 crossing, union or intersection proposed ; of which application, 
 
 notice in writing shall be given to any other railway affected, 
 
 by sending the same by mail or otherwise, to the address of 
 
 the president, superintendent, managing director, or secretary 
 
 of any such railway company, and when such approval has 
 
 been obtained, it shall be lawful for either railway, in case of 
 
 disagreement as to the amount to be paid for compensation, to 
 
 proceed 
 
 (a) The Governor-General may appoint such lUiember.s of the Privy Council, t<t 
 the number of four at least, to constitute tlie lliilway Couiinittee of the Privy 
 (jouncil. 
 
i 
 
 Cap. 0, 
 
 CONSOLIDATKl) RAILWAY ACT. 
 
 42 Vie. 
 
 175 
 
 ,,i,,c.T(l f(n- tlie (letrriiiinatioii of such componsation as provi- ;V,*:;/V-i. 
 ,1,mI in the said sub-suction ; and tliis sub-section and the next ^vays'. 
 j^ivccdinjj;' it shall extend and apply to a railway incorporated 
 uii'lcr any Act of Provincial Legisliiture, in any case in whi(;h 
 it i- proposed that such railway shall cross, intersect, join or 
 unite with a railway under the legislative control of Canada. 
 
 I 
 
 I 
 
 ff! 
 
 RAILWAY STATISTICS. 
 
 •29. In this and the live next following sections the term Word "Com 
 " company " means a company incorporated either before or [';'"^^,!^,^'''"''' 
 after the passing of this Act, for the purpose of constructing, 
 maintaining, or working a railway in vhe Dominion, or in any 
 Province tliere(-)f, or connecting any Province with any other or 
 otliers of the Provinces, or extending beyond the limits of any 
 Province, by any Act of the Parliament of Canada, or of the 
 late Provinces of Upper Canada, Lower Canada, Nova Scotia, 
 New Brunswick, British Columbia, or Prince Edward Island, 
 or of theLegislatures of any of the Provinces composing the 
 Dominion of Canada (either alone or in conjunction with any 
 otlier i)uri)ose), and includes any individual or individuals not 
 incorporated, who are ownei's or lessees of a railway in the 
 Dominion, or parties to an agreement for working a railway in 
 the Dominion. 
 
 " Person." 
 
 Companies, 
 to furnish 
 yearly returns 
 fco govern- 
 ment, and in 
 what form 
 and with 
 what detail-'. 
 
 The term " person" includes a body corporate. 
 
 30. Every company shall annually prepare returns of their 
 caj.ital, in accordance wit* the form contained in schedule one 
 to this Act, and a copy of such returns signed by the president, 
 or other head ofhcer of the company resident in Canada, and 
 bv the orticer of the company lesponsible for the correctness 
 of such return, or any part thereof, shall be forwarded by the 
 company to the minister of puljlic works, not later than three 
 months after the end of the calendar year ; together with a 
 copy of the then last annual return of the traffic, and working 
 expenditure wdach every such company is required to keep, in 
 accordance with the provisions of their respective Acts of in- 
 corporation, to be verified in manner and form aforesaid, and 
 furnished in such form as the minister of public ^yorks shall ap- 
 prove of or prescribe. Any company which fails to forward 
 the said returns in accordance with the provisions of this sec- 
 tion shall be liable to a penalty not exceeding ten dollars for 
 every day during which such default continues. 
 
 31. Every company shall weekly prepare returns of their weekly re- 
 traffic for the last preceding seven days in accordance with t}*™?^;'.''^,' ',';;' 
 the form contained in schedule two to this Act, and a copy of furnislied l.y 
 such returns, signed by the officer of the company responsible 
 
 for 
 
 Penalty for 
 not making 
 retuniH. 
 
 I 
 
 ^^Ifi 
 
m 
 
 |N7!». 
 
 • ■■iiri] 
 
 laiiK 
 
 '^ 
 
 iinl c 
 
 ■,,|,\ 
 
 to 
 
 Im. ,. 
 
 iSllM 
 
 1 n| 
 
 Ill III 
 
 .1.1 ( 
 
 IIIlM 
 
 '■|>NS(iMl).\l'i;f) ItAll.W.Y ACT. 
 
 <A1\ 
 
 I'ur till- ccjirectiicss of such returns, siiall lie I'drwai'drd li\- tlu- 
 cipiiiIKiiiy to the iiiinistt'C of piililic works witliiii .-owii'ihivs 
 fi-oiii tliu (hiy ill I'licli \wvk to which tlir sjiid icHuns sliuH 
 liavi! liccii prcpiircil : ami another eopyof eacli of sucli returns 
 signed iiy tlie sauie oiiicer, sliall he jiosted up l.y tlie coiiiiiauy 
 within the same delay, and kept posted up for seven davs, in 
 some conspicuous place in tlu' must puliJic room in the'h 'ad 
 oHico of the company in Canada, and so as tlie same can lie 
 perused l.y all eouiers, and free access tlieroto shall l)o allowed 
 to all eonieis duiiiiL;' the usual hours of husiiu'ss at such ollice, 
 on each day of the saiil seven, not heine' a Sunday or holi- 
 day. 
 
 IV'nalt.y fur 
 ■ lefivult. 
 
 And every company which fails to forwar.l the said weekly 
 return to the minister of puhlic works, or which tails to po-t 
 tip or keep posted np a copy thereof as aforesaid, and allow 
 free access thereto as aforesaid, shall 'le liable to ;; p.'ualtv not 
 e\ceedin-,f ten dollars for every day dm'iny whicli such delault 
 continues. 
 
 IP i 
 
 ■ill . 
 I- 
 
 t'il'l''\vtmii< • **"'*■ ^^' ^^^^ ''I't'"!! which is required hy the two next prtced- 
 ini,' sections is false in any particular to "the kn()wled<,'e of any 
 person who sio'iis the siune, such person shall he liahle on coil- 
 viction thereof, on indictment, t ♦^mio and imprisonment, >ueli 
 tine not to exceed two Immh-ed and fifty dollars. 
 
 '2. All penalties imposed hy this or the two next preceilini; 
 .secti()ns siiall be recoverable by tlie person suin^- for the same 
 for his own use and benefit in any Court haviiiu' jurisdiction in 
 civil cases to tlie amount. 
 
 ijiiidit to as. The niinistei- of pulilic works shall lay liefore both 
 
 'itihiuiu-iit. Houses of Parliament within twenty-one days Vroiii the eoni- 
 meiicement of each session, the returns made and renuered to 
 liiin in i)ursuanee of section thirty of this Act. 
 
 '■■turns to he 
 "ivile^cil. 
 
 114. All returns made in pursuance of any of the provisions 
 of this Act, shall be privileged communieations, and shall not 
 be e\ idence in an\ court whatsoevei'. 
 
 Xiittoiniptde 00, No such [railway] company shall cause any obstruction 
 
 navi.^'atinn. j,^ ^r impede the fVee navigation of any river streani or canal 
 
 to or across, or along Avhich their railway is carried. 
 
 Jv lihvay.s 
 i-r.is>iiij,' 
 river-i, &r. 
 iv^'ulat'-'il. 
 
 07. If the railway be cari'ied across any navigable river or 
 canal, the conii)any shall leave openings lietween the abutments 
 01' piers of tlie bridge or viaduct over the same, and siiall make 
 the same of such clear height above the surface of the Avater, 
 or shall construct such draw-bridge or swing-knlge over the 
 
 channel 
 
CM'. !-). 
 
 (•<>NS()l,I|)ATi:i) !'.AII,\VAY ACT. 
 
 i-2 Vl. 
 
 177 
 
 I'linniK'l of" tin- viviT, or over tin- wliolc \siiltli nf ♦lu> v\u;\\, anil 
 ■^Ili^ll 111' siiliji'Ct to sucli i'0i;-iil;itions as to tli'- o])i'iiin'_;' oF sncli 
 -.uiiiLf-liridife or draw-brMge as tho (Governor in couiu'il From 
 liiiH' to tiini' makes : 
 
 ± No railway coinmny sliall, from and afti'i' tin.' lirst day As t.i inil.'o- 
 of Atiu'nst, liS70, l»e fil!owL'<l to pass over anv canal, or over tlio ");'' '.'•'^'-■ 
 tiaviL^'alilo cnanni'l of any nvoi', witliout na\in'.4' first laid sucli nf Cuiada. 
 iiri)[M'r lioorin^' under and on Imtli sides of tlieir railway track 
 over >ti('h canal or cliannel, as shall lie deemed hy tlie Minister 
 nt'l'iililic Works sulHcient to prevent aiiytlniiL;' failing' trom the 
 railway into such canal or river, or ii|ii)n the Imats (»r vessels, 
 or cratr, or persons iiaviyatinL;' such canal oi' rivei'. 
 
 (is. It shall not he lawful for any such company to cmis'i'uct ri.uis t., Ih 
 any wharf, hriil^a;, pier, or other work upon or over any iiavin'- ijl,'."',';"^i',|.',','„, 
 ahle river, lake or canal, or upon the heech or lied or lands in inmicil. 
 eovorc'l with, the waters thereof, until they have tirst sulmiitted 
 the plan and proposed site of works as the llailway Committee 
 ('(), and the same has lieon approved of, and no deviation from 
 such approved site or [Ann shall be m;ido without the consent 
 of the committee. 
 
 SI 
 
 S 
 
 I 
 a. 
 
 70. In all eases where a railway pass(^-, any draw or when a rail- 
 <\viiiu-lirid<fe over a navi'^able river, canal or stream wliieh is "'^v passi-s 
 siiliject to lie opened tor tlie purpose ot navigation, the trains i,i^,i)ii,lirc, .tf, 
 shall in every case be stopped at least three minutes, to ascer- ^'|'^'" *" f'"'' 
 tain from the bridge tender that the said bridi^^e is closed and luimiU's. 
 
 ill p( rfect order for passing, and, in default of so stopping 
 during the full period of three minutes, the sai<l railway 
 fompaii}' shall be subject to a tine or penalty of foui' hun Ireil 
 liollars. 
 
 71. Wlienever any railway comjmny or other road company ( 'eitaiu sue 
 is lawfully incorporated by an Act of a Provincial Legislature, tiori'.tduiiiily 
 
 . , i. ^ i. . -1 ii 1 r • to rniviiK'ia! 
 
 witli power to construct a railway or other road on a line m- cnmpanitfs 
 tersected by any navigable water, and it is necessary for such (•nissini,' 
 construction that such road should be carried across or aU)ng ^vatelv.' 
 such navigable water, the sixty-sixth, sixty-seventh, sixty- 
 eighth, and seventieth stictions of this Act shall, subject to the 
 provisions hereinafier made, ajiply to such coinpau}' in I'espect 
 of the cariying such road by such company across or along 
 such navigable water : 
 
 2. Any company proposing to construct any work umler this N,,tieL> to li. 
 section shall <i'ive public notice for six weeks, in two newspa- n'lvi'n i>y any 
 
 1 !• 1 1 1 ■ f 1 1 1 ii 1 snch c:om- 
 
 pei's published nearest the site ot the proposed work, tliat the (,any. 
 
 plan 
 
 (n) Sec note Ui). p. 174. 
 
IP' 
 
 178 
 
 187!>. 
 
 CO.VSOLIDATKI) UAH.WAY ACT. 
 
 ("aI'. !1. 
 
 jduii iind proposed site lins lieen sultinitted to tlie Iviiihviu 
 Coiniiiittee of tlie Privy Council under the sixty-ei^ditli sectioi'i, 
 and tliiit it is intended to iipply to the Governor in council to 
 autlioiize the work : 
 
 llnw imly 
 till' riiilwHy 
 may l)i' con- 
 stnu'tuil in 
 
 HtU'll |llucL'H, 
 
 Proviso. 
 
 Act respect- 
 iny bridges, 
 X> V. c. 25, 
 to iijiply. 
 
 I'ower re- 
 .-crveil to 
 I'.arlianient. 
 
 3. Subject to the provisions of the sai<l sixty-sixth, sixtv- 
 seventh, sixty-eij^hth and seventieth sections, the (Jovcnusr in 
 council niiiy, iifter the expiration of the notice presciil)ed liv 
 the second suh-section of this section, authorize such couipanv 
 to cany such road across oralon^' such navi-^able water, ])ur.svi. 
 ant to a plan and on a site to l)e api)roved by the Railway 
 Committee under the said sixty-ei<,'hth section, upon .such con- 
 ditions as shall ap|)ear reasonable : ]'rovided that no uiniO(;ts- 
 sary damage be caused to any lands by reason of the woik, 
 and that compensation be made for any dauiage caused to any 
 lands l)y reason of the work, — the amount of such compensa- 
 tion in caie of disagreement to bo settled under the provisions 
 of this Act : 
 
 4. In case any company constructs any work under the 
 provisions of this set^tion, such company shall, as to tiio woik 
 so constructed but no further or otherwise, be subject to the 
 provisions of the Act passed in the thirty-fiftii year of Her 
 Majesty's reign, intituled " An Ad resj)edinij Bridges," ((t) and 
 the whole of such Avoik shall be deeme 1 to be " bridge" within 
 the purview of the said Act and subject to all the provisions 
 thereof : 
 
 5. Parliament may, at any time, annul or vary any order of 
 the Governor in Council, made under the third sub-section of 
 this section ; and no such legislation shall be deemed an in- 
 fringement of the rights of the company. 
 
 t^'tertain'''^ 6. No prdcr shall be made under this section to authorize 
 rivers.'^' t,hc crossing of the River St. Lawrence or the River St. J ' n. 
 
 RETURNS 
 
 {n) H.5 V. c. 25, is not contained in this coininlation ; nor ate tliu penal clauses uf 
 this Act. 
 
 Kktii 
 
 CI 
 
 111 
 
 I! 
 tl 
 ai 
 ii 
 ii 
 
 N 
 
 I ';ii)iti 
 
 respo 
 
 FieKis 
 
 nl)anc 
 
 t 
 
 in res 
 
 not t( 
 
("AIV !l 
 
 fONSoi.iDATKn UAll.WAV \(T. 
 
 ITf'' 
 
 RHrrruNs nv hailway companiks. 
 
 sc II i: 1) r I. K <> N i:. (Ih;:,.) 
 
 JiKTiuN ill |iiirniiiiii(H (pf tlie ('i.iiHr)liilatiil Iliiilwiiy Aot, liy the idilwiiv 
 
 I'lPiiipiuiy, <if their ivutiioiiztMl nlinn' ftiul lnun ra|iitiil, uiiil tlic fHiiiH ii'.'fivcij in i.'s|i,.,t uf tlieir 
 oidiimiy iiipit.il mil iin-frivntiil ciii.itiil, luid ilrlifiitiin' Ntoik, nr fmnl.il dclit, on tile :ilHt 
 DcoemliiT, IS , M|Kdfyiii>r tin' nitc per cent, of the ilividiMidH U<v the vfiir IH , mi ..ii<h nf 
 thi' Muid ciiiiita!'*, wliowinK' hIhk tin- Iouiim mitHtiuidinK' "ii tlif Hist Di'ir'ndifr, IS , cla-<ififci 
 aiTdiiliiiK t(i till- scvcnii rates ikt cent of interest, and tiiecupital siibsi'iihed tn otlier niideitak- 
 iiii.'H, whetlier Hiicli undertakiii'is are im lease to, .ir Wdikidhv the sniwciiliiiii,' .nini.aiiy, cir are 
 {lide|ielldrnt. 
 
 Xanu' of 
 t'i)iiiiiaiiy. 
 
 cenilier, IS 
 u|( to other 
 
 'Authorized capital uji to the Tuid iij) stock 
 
 , :51st Deii'inlier, IS , iiicliidiiiL,' 
 
 . capital authori/ed as siihscri|i- 
 
 ' tioiis to other miilertakiii(.'s, 
 whether such uiulertakiii„'s uie 
 
 I on lease to, or worked hy the 
 suhscriliin;; coiiii)aiiy, or are in- 
 dependent. 
 
 and 
 
 , ii 
 
 iind 
 
 share capital 
 leludini; su')ser 
 ertakinus. 
 
 2i 
 
 lis 
 
 +B.V 
 
 Shares. 
 
 By 
 
 lioaiis. 
 
 Total. -M 
 
 c 
 
 • a 
 
 u 
 
 
 s 
 
 at ."Ust 
 iptioiis 
 
 t1 
 
 I)e. 
 
 I laid 
 
 £. ^5 
 
 s 
 
 c 
 
 cs 
 S 
 
 3:2 
 
 8 % 
 
 I'.ipital raised by loans and debenture stock, at Slst 
 Deeeiuber, 18 , 
 
 I 
 
 
 I 
 
 ^ 
 
 
 
 £ ^ c « 
 
 .. •- '^ ♦* •-' 
 -^ _ i- ■'• 
 
 
 •if'S 
 — 3 
 
 NoTK.— This Return should be dated and signed l>y the officer, or officers of the coin pany 
 responsible for its correctness. 
 
 *This should include all capital authorized to be raised by Acts of Parliaineiii or Provincial 
 T-eKislatures, but should not include capital authorized only for purpoBes which have lapsed liy 
 abandonment or otherwise. 
 
 t In cases where a subscription is authorized o.n; of MfV^H,'/ capital, no addition should lie madt- 
 in respect of it to the sum entered in this column, but onlj' to the sum entered in the last column. 
 
 + i-"r.re shouM betaken not to confound debenture stock with ordinary debenture loan-, and 
 not to enter the same under both liead.s. 
 
 
 I 
 
lllHi 
 
 ISO 
 
 CONSOI.IDATKI) RAILWAY ACT. 
 
 !iili 
 
 im 
 
 sc II K I) VI. i: TWO. (is7r,.) 
 
 liailicnij of Cm adu. 
 
 liETL'iix iif Tnillic for wfck I'luliii;,' 
 
 corrt'spomliii;,' wi-ck, IS 
 
 W , Bllil till' 
 
 Date. 
 
 18 . 
 IH . 
 
 ruHsengtTH, 
 
 Frt'iglit and live Htiuk. 
 
 MailM and 
 Siindrii's. 
 
 Total. 
 
 Mill" 
 
 OlM'Il. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 Increase. 
 Decrease 
 
 ■A'J'Ji'^J(i^^ Trajjl: froui, 18 
 
 Date. 
 
 .I'asBengera. 
 
 Freight and live stock. 
 
 MaiJH and 
 H'lndrieH. 
 
 Total. 
 
 Miles open. 
 
 IS 
 
 « 
 
 
 
 
 
 18 . 
 
 
 
 
 
 
 
 
 
 
 1 
 

 PART I\^. 
 
 !l! 
 
 BY-LAWS OF MUNICIPALITIES (IllANTINC AIJ). BY 
 
 V;AY of bonus, to THK lIAMU.roN AND 
 
 ^'0RTH-^VESTEK^ JIAILWAY COMPANY 
 
 (with which is AMA1,UAMATE1> THK HAMILTON AND LAKE 
 ERIE llAILWAY COMI'AXY), 
 
 AGREEMENTS IN CONNECTION WITH THE SAME 
 ORDERS IN COUNCIL CRANTINC AID, 
 
 AM) 
 
 AGREEMENTS, BY-LAWS, ETC., 
 
 ((•rilKU TIIA.V TIIOSK l{KrATIN(; lO ISONUSESj 
 AFFKCTJNC! TIIi; WUlUvINU «iF THIO LINKS OK THK COMPANY. 
 
 I 
 
I i 
 
 m 
 
* 
 
 r>0:^US BY-LAWS, AND AGREEMENTS 
 THEREUNDEK. 
 
 I 
 
11' 
 
BY-LAWS 
 or 
 
 MUNICIPALITIES GRANTING AID 
 
 TO THE COMPANY, 
 
 AXI> 
 
 A(!IIEE]MENTS MADE IX CONNECTION THEREWITH. 
 
 Hii-Iaixv of tlie County of ll(ddimand,fjrantin(j aid hy v'ay 
 i>l bdiiHs, to the Hamilton and Lake Eric Railvxty Company. 
 
 The By-law granting sixty-five thousand dollars passed 12th 
 .liinuivry, 1873, contains cei'tain provisions with reference to the 
 lianding over of the bonds Avhich have all been fulfilled, and 
 the lionds delivered to the Railway Company, and also the fol- 
 lowing provisions ; 
 
 Provided further, that the said debentures shall not be issued P^ov. H. an<l^ 
 or delivered to the said trustees until the said Hamilton and gi'veWd" to 
 Lake Erie Railway Conipan}' shall have executed to the iMuni- fl"",^/?/, ^}J- 
 oipal Council of the County of Haldiinand, a bond under the .uiW c s.' ];!' 
 seal of the saiil Company, eomlitioned to grant the Creat Wes- t^iinal p.ivi- 
 tcrn Railway Company, the Grand Trunk Railway ("ompany, '"''''• 
 and the Canada Southern Railway Company ecpial privileges 
 in regard to the working and use of the said Hamilton and 
 Lake'' Eric Railway, which shall always be open to the said 
 Companies on the said terms, and also that the said Hamilton 
 and Lake Erie Railway Company will have a siding and 
 Hag station at or near to Ballsville or Hullsville, and will cause J*^"; ^'.', 'Y'^'', ^^ 
 and procure the Grand Trunk Railway Company to eroct a j4=[i^;i'i,';7,; ^ 
 Station-house at or near its intersection with the third lino of HulUville, 
 Seneca. 
 
 The following is the Bond given by the Hamilton and Lake l'...nd. 
 Krie Railway Company, in pursuance of the foregoing clause 
 in the By-law . — 
 
 Know all men by these Presents that the Hamilton and ^'.™;J^f 
 Lake Erie Railway"^ Company are held and fi.-mly bound to"' 
 the Corporation of the County of Haldimand in ilio sum of 
 Twenty Thousaml dollars of lawful money of Canada to be 
 paid to the said Corporation of the County of Haldimand, their 
 successors or assigns, for which payment well and truly to ln^ 
 mad<3 the said (,'ompany binds itself, its successors and assigns, 
 
 firmly by these Presents. 
 
 ^ ^ Seale.l 
 
 
 
^1!^^ 
 
 18() 
 
 i,f 
 
 
 Uccitiil that 
 llaldimand 
 -liints .?().-),000 
 In liailwiiy to 
 liu iiai<l over 
 (III ilelivoiy of 
 licinil tliat 
 ('(iiiipany .will 
 xraiit iimiiinL,' 
 ] lowers, (l.W. 
 K.,(;.T. H.k 
 
 ( oiiipany will 
 erect HaL' sta- 
 tion at Balls- 
 ville or Hulls- 
 vi'le, ami 
 cause ami jn'o- 
 Vt. T. K. Co. 
 to ereet sta- 
 tioii-tio>ise at 
 oril ],ine of 
 Seueea. 
 
 Coin))any to 
 grant I J. W. 
 K., (J- T, K., 
 a-i(l C. S. K. 
 e<iual running 
 powers, to 
 erect Hag-sta- 
 tion at Balls- 
 ville or Hulls- 
 ville, procure 
 G. T. ]{. Co. 
 to erect sta- 
 tion-ho>ise at 
 3rd line, 
 Seneca. 
 
 COUNTV OF IIAI.DI.MANI), 1!V-L.UV AND iiONl). 
 
 Sufile<l witli tlie seal <>f tlie said Coini)any uikUt the liand of 
 tlu- l^esidont and Secretary thereof. 
 
 Dated tliis Seventli day of February, in tlie year of our 
 Lonl, 1872. 
 
 Whereas in and by a certain By-law of the County of Hald- 
 iiiiand to ;iid the Hamilton and Lake Erie Railway Companv 
 by a fret' ;,^rant or donation of J)ebentn)'cs by way of bonus, 
 to the extent of Sixty-five Thousand Dollars, subject to certain 
 terms, restrictions and conditions, duly passed accoitlini; to 
 law, the Warilen of the said County was authorized ''ami 
 required to issue Debentui'es for the said purpose to the extent 
 of Sixty -five Thousand Dollars, but it was, among other things, 
 provided that the said Debentures should not be issued 'f}i' 
 delivei-ed to the Trustees to be appointed undei' the said By- 
 law, until the said Hamilton and Lake Erie Railway Company 
 should have executed to the iMunicii)al Council of the County 
 of Haldimand a Bond under the seal of said Company, condi- 
 tioned to grant the Great Western Railway Company, the 
 Grand Trunk Railway Conijmny and the Canada Southern 
 Railway Company eipial privileges in regard to working a^id 
 use of the said Hamilton and Lake Erie Railway, which should 
 always be open tc the said Com])anies on the said terms, and 
 also that the said Hamilton and Lake Erie Railway Company 
 would have a siding or flag station at or near to Balls^'ille or 
 Hullsville, and would cause and procure the (Jrand Trunk 
 Railway Com])any to erect a Station-house at or near its intei- 
 seetion with the Third Line of Seneca. 
 
 And whereas the Company have applied for the said Deben- 
 tures, and the Warden hath agreed to deposit them with the 
 Trustees, as provided for in said By-laws, on being furnished 
 with this bond. 
 
 Now the conditions of this obligation are such, tliat if the 
 said the Hamilton and Lake Erie Railway Company do grant 
 the Great Western Railway Company, the Grand Trunk Rail- 
 way Company, and the Canada Southern Railway Compan}-, 
 equal privileges in regi.rd to working and use of the said Ha- 
 nalton and Lake P^iie ilailway, and continue the same open to 
 the said Companies on the same terms, and do also construct a 
 siding and flag station on the .said Hamilton and Lake Erie 
 Railway, at oi' near to Ballsvilie and Hullsville, and do cause 
 and procure the Grand Trunk Railway Company to erect a 
 Station house at or near its intersection with the third line of 
 Seneca, then this obligation shall be void otherwise shall 
 and remain in full force and effect. 
 
 )e 
 
 JAS. TURNER, [L.S.] 
 
 President 
 M. H. BROWN, 
 
 Secretary. 
 

 le liand (jf 
 ar of our 
 
 r of Hald- 
 Compatiy 
 of bonus, 
 to certain 
 oi'ding to 
 rized and 
 iho extent 
 I or tliinfrs, 
 issued 01- 
 said By- 
 Conipany 
 10 County 
 ly, condi- 
 pany, tlic 
 Southern 
 •king a^id 
 ich should 
 srms, and 
 Company 
 llsville or 
 id Trunk 
 • its inter- 
 
 id Deben- 
 i with tlie 
 furnished 
 
 hat if the 
 r do grant 
 unk Rail- 
 Company, 
 i said Ha- 
 le open to 
 onstruct a 
 Lake Erie 
 do cause 
 to erect a 
 ird line of 
 D shah 
 
 )e 
 
 [L.S.] 
 lent 
 
 ary. 
 
 A(ii;KKMi;.NT WITH THK TOWNSHIP OF INXISl"! I,. 18'! 
 
 AOKEEMKNT WITH THE TOWNSHIP OF IXNISFIL. 
 
 A By-law wa^ passed l)y the Townsliip of Innisfil, granting 
 S20.000 to the Haiiiiltoii and Nortli-Wcsteni Railway Com- 
 pany, in connection with which and in compliance with a pro- 
 visidu therein the foUoving agreement was made : — 
 
 This Ixdentuhk made the 23rd January, 187.*3, 
 Between 
 
 The Hamilton and North-Western Railway Company, here- L'SnlJun., 
 iiiafter called the Company of the first part, and the ^lunicipal ^**"''- 
 Coriioration of the Township of Innisfil, in the County of Sim- 
 ■coe. hereinafter called the Township of the second part : 
 
 Whereas, the Council of the said Township, at the re([uest of 
 the >aid (,'ompany, inti'oduced a certain proposed by-law, to 
 take ert'ect, and come into operation, if sanctioned by the Rate- i>^.^,it;.i] t|,at 
 pavers of the said Township (pialified to vote thereon, or by a C'Duncil 
 maji.rity of said Ratepayers, on 31st December, 1«7:3, to grant j'^'J^Jt^^'^fv^ 
 a bonus to the extent of !?2(),()0(), to aid the said Company in §20,000. 
 the eonstruction of a certain proposed railway, and to issue 
 debentures therefor, subject to certain terms, restrictions, and 
 cuiiditicjns ill the said proposed by-law embodied, and to cer- 
 tain other conditions, and on certain other terms, as hereinafter 
 expressed ; 
 
 And whereas, doubts are entertained as to the legality of some Douhts entur- 
 of the terms and conditions on which alone the said Council ['""!'•) ^"^ ^" 
 agreed to submit the said by-law, and to grant the said bonus ; 
 
 And whereas, some of the said terms and conditions could 
 not, without affecting the negotiability and market value of 
 the said proposed debentures, to be issued under and in pur- 
 suance of the said by-law, be emViodied therein, and the said 
 Council of the said Corporation agreed to accept the agreement 
 and undertaking of the said Railway Company, for the due 
 performance of the said conditions, in lieu and instead of hav- 
 ing the same embodied in the said by-law, and thereby injuri- 
 ously affecting the said del)entures, therefore it has been ar- 
 ranged that the said Company should enter into the agreement 
 hereinafter contained, and should give their bond for the due 
 and faithful performance and fulfi'ment of the same : 
 
 Now THIS JxDKNTruK wiTNESSKTH that, ill coiisideratio*^ of 
 the premises, and of the passing of the said by-law, granting 
 the lionus of .Sil(),0()0 in aid of the said Railway Company, the 
 jiartics hereto of the first part. They, th(r said Company, do 
 hereby, for themselves, their successors, and assigns, covenant, 
 promise, and agree to and with the said Township, their suc- 
 cessors, and assigns, in manner following, that is to say : — 
 
 1. That they, the said Company, their successors, and assigns, c,,. mi'ler. 
 shall and will, at the pro])er costs and charges of the said Com- ^(\'\''t,',' f^^j^i,. 
 pany, at the present session of the Legislature of the Province ii>ii i)j--la\v. 
 of Ontario, use tJieir best exertions to obtain an Act to legalize 
 
 m 
 
 -'■\ 
 
 li 
 
 the 
 
188 
 
 AGREEMENT WITU TUK TOWNSHIP (JF INNISFIL. 
 
 the said by-law, and tlie terms and conditions cndjodied tlitiv- 
 in, and every clause, section, and part tliereof, and especiallv 
 the terms on which the ])ro|iosed debentm-es are to be issur.'j, 
 and transferred, and held, and the appointment of the Trusttes 
 therein niinuMl, and the trusts on which the debentures arc to 
 be held : 
 
 f*f! 
 
 m 
 
 Will get 2. And further, at their own proper costs and chara'f-s, will 
 
 agreement and i.i ■ i - i , i ^ . i' • , T , 
 
 bond legalized "^i' thcu' best eiideavours to have tins agreement and the bond 
 of the said Company, bearing even date herewith, to be givrn 
 to the said Township, as hereinbefore in part recited, legalize' I. 
 and made of binding force and etl'ect on the said Company, aiiil 
 of the same validity as if the said Company had clear and un- 
 doubted power and authority to enter into this agreement, ,iiiil 
 to execute the said bond, and to make it etleetually binding nn 
 the successors and assigns of the said Comi>aiiy : (a) 
 
 Refunded ^^ ^- ^^^^ whercas, it being the intention of the said Conipany 
 unless Sinieoe to submit to other municipalities in the Couiitv of Simcoe other 
 gives 8300,000. l,y-law, or by daws, for grants in aid of the'said railway, tlie 
 said Company hath agreed, and doth herel)y agree, with the 
 said Township that urdess aid (>y bonuses, "to tlie amount at 
 least of i:*:JO(),()00, shall be legally gianted to the said Companv 
 by the saul municipalities, or portions of municipalities, within 
 tlie said County of Simcoe, prior to Lst July, bS74, that the said 
 bonus, or such portion or part thereof (if any) as may have 
 been paid over to or received by the said Company, shall, on 
 the demand of the Council, be at once refunded, with interest 
 thereon from the time of payment thereof, to the said Conipany, 
 and in case no part of the said bonus hits been paid to or received 
 by the said Company, that they shall consent to the cancella- 
 tion of the said debentui-es, the refunding of any money paid 
 on account of the same or any of them, and the repeal of the 
 said by-law, if demanded "n like manner: 
 
 4. And the said Company do further agree that, in case such 
 further aid as in the last clause mentitmed is obtained, thev, 
 the said Company, their successors, and assigns, shall aiid 
 will, on or before the 1st July, 1S7G, erect, build, and complete 
 good, sutHcient, and suitable station buildings for passengers 
 and freight on the line of the said railway, at or neariho 
 Village of Cookstown, to the north of the loibh concession line 
 in the Township of Tecumseth.and to the east of the 11th con- 
 cession line in the Township of Essa : A second at or near tlu^ 
 
 At Thornton. Village of Thornton, and not further at the most than three- 
 fourths of a mile distant from the town line, on or adjacent to 
 
 ^t">*eraec- the side line between lots 15 and 10 in the Township of Es>a. 
 
 line between ^'^^^ ^ ^^^""^1 ^^ ^^0 intersection of the side lines between lot> iO 
 
 20and2l,E.s.«a and 21 in the said Township of Essa; and shall and will estal>- 
 lish at each of the places hereinafter mentioned, regular and 
 
 permant/nt 
 
 (a) Tins By-law was legalized by 86 Vict- cap. 84, sec. 2, p. 42. 
 
 ( 'o. to erect 
 station at 
 Cookstown. 
 
AfiKEE.MENT WITH THE TOWNSHIP OF NOTIAWASAOA. 
 
 189 
 
 iiermanent way stations, and will well and sutficioiitly keep and Will k.op 
 iiuiintain the same, and all such suitable, necessary, and proper "am"!'"' 
 biilKlings as the business done, or capable of being done, there- 
 at may require : 
 
 .111(1 
 
 5. And also that they, the said Company, tlieir successors, or 
 assiyns, shall and will, in the event in the last clause referred 
 to, complete the said line of railway, and have regular passenger 
 and freight trains running from the City of Hamilton to the 
 Town of Barrie, within live years from the time the said by- 
 law is to take efi'ect, and it is hereby agreed and declared that, 
 ill the event of the said Company, their successors, or assigns, 
 failing to complete and finish the said line of railway, and fail- 
 ing to have regular passenger and freiglit trains running there- 
 on, within sucli period between the places aforesaid, the said 
 Company, their successors, or assigns, shall pay unto the said 
 Township, their successors, or assigns, interest on the said sum 
 of 8-0,000, so to be granted by way of boiuis, as aforesaid, after 
 the rate of six per cent, per annum, from the expiration of the 
 sail] live years until the completion of the said railway, and the 
 establishment of regular passenger and freight trains between 
 the City of Hamilton and the Town of Barrie, such interest be- 
 ing hereby mutually agreed b}' and between tlie jiarties hereto, 
 to be by way of litpudated damages, and not to be considered 
 or treated as a penalty : 
 
 Provided always that, if the Company fail to obtain an Act 
 to legalise the said by-law, the same may be repealed. 
 
 In witness whereof, the said parties hereto have hereunto set 
 tlieir corporate seals. 
 
 Co. to have 
 regular tniins 
 ruuning from 
 Hamilton to 
 Barrie within 
 live years 
 from hy-law. 
 
 Otherwise to 
 pay interest at 
 tj p. I', until 
 completion o£ 
 railway. 
 
 COUNTY OF SIMCOE BY-LAW AND AGREEMENTS 
 
 THEREUNDER. 
 
 A By-law of the County of Simcoe, was passed 1 3th May, 1873, Bylaw. CV>. 
 granting ii530(),00(), by way of bonus to the Hamilton amrNorth- .^"oolooo. 
 Western Railway Company, on certain conditions which have 
 been fulfilled, and the debentures transferred to the Company. 
 In connection therewith the followinir a<'reeme)its were made: 
 
 Agreement betiveen the Hamilton (inciyortk Western Railwuy ir. &. x.w, 
 Company and the Township of Nottawasaya, Idth May, 1873, ''*!|''..*^.""'''" 
 in connection tvitJt the ohovc By-laiv. 
 
 Articles of Agreement made, entered into, and concluded the 
 nineteenth day of May, A. 1). 1873, by and between The 
 Hamilton and North-Western Railway Company, hereinaf- 
 ter 
 
100 
 
 Ar.UEEMENT WITH TIIK TOWNSHIP OK XOTTAWASA(JA. 
 
 ter callcil tlie ( 'ompany of the first part, and the Municipal 
 Corporation of the Township of Nottawasaga in the t bounty 
 of Sinicoe, hereinafter called the Township, of tlie second 
 part. 
 
 J: 
 
 Hi 
 
 Kucitals. 
 
 Co. empiiw. 
 trt'fl til con- 
 struct line to 
 Collingwooil. 
 
 rreaiiiblc. WllEUEAS the County Council of tlie County of Hinicoe, inidcr 
 and by virtue of tlie power given to tlie said Council hy tlio 
 charter of the said Company, did on the petition of certain 
 freeholders qualified to vote witliin tlie portion of the county 
 affected, read a certain By-law a first and second time whicli 
 had been introduced in the interest of the said petitioners who 
 prayed that tlie same might be pas-sed, and which is intended 
 to take effect and come into operation on the first day of Jul\ 
 next if sanctioned by the rate-payers qualified to vote thereon, 
 or a majority of such rate-payerH, and whereby it is proposed 
 that the portion of the .said County being conijiosed of the 
 Townships of West Gwillimbury, Tecumseth, Adjal.i, Mulniur, 
 Tosorontio, Essa, A'espra, Sunnidah; and Nottawasaga, and 
 the Towns of Barrie and Collingwood, should grant a bonus 
 of !i?30(),00() to aid and assist the .said Company in the construc- 
 tion of their line of Railway and branch line within the 
 said County of Simcoe. 
 
 ^nd whereas by an Act of the Ontario Legislature made and 
 passed in the thirty-sixth year of the reign of Her present 
 Majesty Queen Victoria, entitled, " An Act to amend an Act 
 incorpoi'uting the Hamilton and North -Western Railway Com- 
 pany and to enable them to extend their line to Collingwood," 
 it was amongst other things enacted, that the said Company 
 might and the .said Company was thereby empowered to con- 
 struct a branch line of Railway running from its main line 
 within the County of Simcoe to the water's edge of Lake Huron, 
 in the Town of Collingwood. 
 
 And whereas it was declared lawful by the said above in 
 part recited Act, for the said Company to enter into an agree- 
 ment with any Municipality which may form a portion of a 
 County Municipality, or section of a Municipality, granting a 
 bonus to said Railway in aid thereof. 
 
 And whereas it has been agreed by the said Company and 
 the said Township that a,s a matter of justice to the inhabitants 
 of the said Township +hat the agi'eement hereinafter expressed 
 should be made and entered into by and between the Company 
 and the Town,ship. 
 
 Now these presents witness that in consideration of the pro- 
 mises and of the sum of one dollar of lawful money of Canada 
 to the f^aid Company paid by the said Township, the receipt 
 whereof is hereby acknowledged, they the said Company do 
 for themselves, their successors and assigns, covenant, promise 
 and agree to and with the said Town.ship, their successors and 
 assigns, in manner following — that is to say : 
 
 $130,000 to be Firstly, That, in the event of the said By-law being sanc- 
 i-pent on tioneJ 
 
 Co. may enter 
 into agree- 
 ment with 
 jnunicipalities 
 
 \A 
 
 kkss 
 
\SA(IA. 
 
 ' Municipal 
 
 tlu' (!ounty 
 
 the second 
 
 ncoo, under 
 icil by tlu' 
 of certain 
 the county 
 time wliicii 
 iioners who 
 is intcndod 
 lay of July 
 >tc thereon, 
 is proposed 
 sed of the 
 I.I, Mulmur, 
 asaya, and 
 fit a bonus 
 le construc- 
 witliin the 
 
 e made and 
 ier present 
 end an Act 
 ilway Com- 
 llingwood," 
 I Company 
 •ed to con- 
 main line 
 lake Huron, 
 
 3 above in 
 
 3 an agree- 
 
 ortion of a 
 
 granting a 
 
 inpany and 
 inhabitants 
 r expressed 
 e Company 
 
 of the pro- 
 ^ of Canada 
 
 the receipt 
 !ompany do 
 nt, promise 
 cessors and 
 
 ueing sanc- 
 tioned 
 
 ilfil 
 
 AOREKMKNT WITH THH TOWNSHII' OF KSSA. 
 
 IW 
 
 tioned by the ratepayers, or a majority of them, and the said I'linnli I'^'l- 
 Ikjuus being granted in aid of the said Coiupany, the said ('om- *^"*' 
 i)any will construct, make and maintain a hue or branch lino 
 of railway from the Township of Tecumseth to tlie Town of 
 (.'()llin"w'ood, and tliat out of such bonus or r.um of .*?.'}()( ),()()0 
 the sum of at least Sl.SO,0()0 shall and will be expended in the 
 construction of the said branch line of Railway. 
 
 Sf'coiulhi, That the line of road running tin'. )ugh the said ''•*').^' ''^'.I'-r;', 
 Township shall pass witlini lialt a mue oi tlie V ulage or Avon- uear^'iee- 
 ill" and to the wx^ of the second coavcHslon line; then at or »""''• 
 thruugli and not farther distant from thu v'^illage of Ciremore 
 than Jialf (I mile to the cd'it of the fourth concession line; 
 thence to cross the side line between lots jifteoi and f^irteero in 
 the seventh concession ; thonce to the east of Hui'ontario Street 
 as near to the Village of Duntroon as the engineering ditiicul- ".""u 'nuou-h 
 ties will permit, but not farther from said village than one N.itunva. 
 mile ; thence through or within lialf a mile of tlie Village of 
 Nottawa to the east of Hurontario Street. 
 
 Thirdli/, That they the said Company, their successors and *taUun"uf 
 assigns, shall and will erect, build, and complete good and sutH- Aveuin^'. 
 cient and suitalile station buildings for passengers and fi't-'ig^it '^'i'^^"|;|'^''f,^. 
 on the line of the said Railway at the several places following tween l<it> 
 — that is to say :— /'Yrs^ at or as near to the said Village of if' '^"'' [;- "''* 
 Avenmg as possdjle to tlie east ot the road ; Ndcondlif, at or as 
 near to the said Village of C'reemore as possiljle ; tliinlli/ at or 
 ;is near as possible to the siide line between said lot^^fiftecn and 
 sijieen in the mventh concession ; fourthly at or as near to the j),,,,^^,,,,^ 
 said Village of Duntroon as jiossible ; tiin\,fiftld;/, at or as near >;,,^jj„.,^ 
 to the said Village of Nottawa as possible ; and shall and will " 
 establish at each of the places hereinbefore nientiouetl regular 
 way stations ; and 
 
 Fourthlii, That they the said Company, their successors and Co. to keep 
 
 1 11 1 Ml ij 1 iu • ii 1 1 • i. • ami nuuiitaiu 
 
 assigns, shall and will well and suthciently keep and maintain f„r7 years. 
 the said /ii'c stations above mentioned with all such suitable, 
 necessary and proper building as the business done or capable 
 of being done at the said stations respectively may ie(piire for 
 seven years after the trains .shall have commenced to run on 
 the said road, and shall and will undertake to do the passenger 
 and freight business of the country at the said stations. 
 
 In Witness whereof, etc. 
 
 Agreement between the Toivnship of Essa and the Hamilton 
 and North- Western Raihoay Company, 19th May, IH72, 
 under Uy-lavj of County of Simcoe, ISth May, 1873, 
 
 Same as Agreement with Township of Nottawasaga, page 189. 
 
 mutatis 
 
1 i 
 
 
 !*! 
 
 H»l> 
 
 AGREKMENT WITIf THE TOWXSIIII' f)K TOSSOROXTl 
 
 ". 
 
 viutaftH vivtarulls down to l-iuI of Kocital 
 ClauHo. 
 
 ■s uiitl L'ovi'iiaiit 
 
 UlLT 
 
 Then Covenants : 
 
 Vl-in'ocoV;;'"' , ^V""'- 'P'"t "' t''^' ^^-ent of the said By-law bein- .sancti-.u..! 
 ^^,l•il,«^^,MMl 'V the mte-pnyci.s, or u niaj(.iity of them, and the said bonus 
 I""'-''- b(.,nj,Mnanted m ..id of tlie said Haihvay. that tlir sai.l ('..nn.niv 
 
 will tH)n,stniet, make and maintain a line or bianeh line of K-,il 
 way from the Townsldp of Teeun.seth to tlie Town of ( "olli'n.r. 
 ■WTod and that ont of said bomis or snni of SSOOOOO *lie sun, 
 of at leasi 81 ;|(),()0() shall an<l will be exj,ended in the const.uc- 
 tion ot the snici braneli line of railwaj' ; and 
 
 Id and erect 
 
 It'atir^'aT ^^^'foiun;/. That the said Company shall buiiu an.l 
 1 ('ookHtown, ^'ood suthcient, and snitable station bnildin^s for passciurer and 
 :;: ll^r;;:^„ ^fl¥^^\ «» *J'^- ^r;>^ tlu. said Railway, at oP near to the'ViiJI.^i 
 :!:'*' '"'.in'"-- , T '''T Vli^' ^^'« "<.'»'^J' "^' tJ'<' fifteenth eoneession line of the 
 •'l;K:»f ""' J o^vn,s}np of J eeun.seth, and to the east of the eleventh conces- 
 sion line of tlie 1 ownslnp of Essa ; a second at or near the Vill- 
 age ot Ihointon and not further at the most than th.ee-ibnrths 
 ot a mile from the town line, on or adjacent to the side line be- 
 tween lots hiteen or sixteen in tlie Township of Essa, and a 
 third at the intersection of tlie side line between lots twenty 
 and twenty-one in the said Townsldp of Essa (an.l not fui^ 
 ther than ^ of a mile east of the Joy line, there being no en- 
 gineering difhciilties in the way) ; an.l keep an.l maintain the 
 said stations with all .ai.l suitable necessary and pio])er build- 
 ings as tlie business done at the said stations respeetively may 
 require. ' •' *' 
 
 In Witness whereof, etc. 
 
 'J't'Sfurcrtio. 
 
 Co. to erect 
 ftations on 
 certain side 
 lines. 
 
 Side line be- 
 tween 10th 
 and lltli lots 
 in 4th con. 
 Tossorontio, 
 
 Township OF Tos.soK(>NTio.-yl,yrm**c7j/ v.-ifh the 11 am ilton mid 
 jovtk ^^eHU■vn Maduay Company, mh May, 1873, under 
 Uy-hnr 0/ Covvty oj Simeoe, Uih May, 1873, 
 
 Same as Agreement with Townsldp of Nottawasaga, page 1 Sf), 
 muhitis mutandis down to tlie end of Recitals and Covenanting 
 Clause. ° 
 
 The Covenants are as follows,— 
 
 First, Same as first, page 190, in Is . asaga agreement 
 
 . Secondly That the sai.l Company, t. r successor.s or as- 
 signs shal and will erect, build, and complete good, sufficient 
 an.l .suitable station buildings for passengers and freight at the 
 several staion.s following, that is to .say ; on the side line l,e- 
 
 ween the tenth and eleventh lots in tlie fourth concession of 
 the said lown.ship of lossorontio; on the side line between 
 
 lots 
 
'Ill 
 
 AdHEKMKNT WITH TMK ToWNS'lIP OF MUI.Ml II. 
 
 103 
 
 |nt> t\\riitv-ti\ I' iiii'l twfiity-six, witliin tliice-iiuarters of a inilo Hu\e litw iw^ 
 ,,t' tlio ccntro of the tliinl i-um-ossion of the Mii(l T<)\vnsliii) •i^' ^«Y" ''''Vf' 
 
 I, iit'iir 
 
 TM->c)iniitio at or lU'ar tlif Villiv;,'c of lili'Mcairn m tin; .same (Jluncairn. 
 Tiiwiisliii", ami 
 
 Th'u't^li/, 'I'liat tlit'V tlic sail! rV)tii])ativ (In-ir siiccM'ssors oras-c,.. to erect 
 ,i-iissliail anil will \-ivt, l.uiM aii-l cmuplH." ^'.;o.l ■^"'Hu-it-nt ;t^\~*^^^^ 
 aiiil suitabl'.' station l)uii(liii;4:s for |)ass»'iii,'i'is ami fifi^lit at tho •/ ciHrkHvillc'. 
 >cvt'ral stations in the Town lii|. of Tccnmsctli following', that •'• AllU-m. 
 is to say; oithcr at the Villa*,,; of Tuttunliam, or as near thereto 
 as till' said line will ^'o, at tin; Villaj^'O of Clarksville, and at or 
 as near to the Villain; of Alliston as possible; ami shall and 
 will keeji ami maintain the said several ahove mentiond sta- ')'„ „mjntaiu 
 tions in tlie several Townsliipsof Tossorontio and Tecumsetli, smi.e. 
 with all said suitable necessary and proper buildin<,'s as the 
 Inisiness done or caj)abl(' of bein;,^ done at tin- said stations re- 
 sjieciively may require, an<l will undertake to do the passen- 
 •'cr and frei<,dit business of the country at the said stations. 
 In Witness whereof, etc. 
 
 Tt)\vNsHiP OK Mii.MUR. — Aijvenncni u.'lth (he HawMion o»(/Mulniur. 
 yorth Wendrn liaUi'-ai/ Cunipavij, VUli Ma>j, 1H73, under 
 B>j-law of County of S'lmcoe, Itith Mai/, ]H7S, 
 
 Same as Agreement witli Township of Nottawasaga, page 
 !«!•, mutatis hiutandis to the end of ilecital^; and Covenant- 
 ing Clause. 
 
 Covenants as follows : — 
 
 Fh'M, Same as First in Nottawasaga Agreer.ient, page lf)0; 
 
 SccomUy, That tliey, the said Company, their successors and 
 us>igns, shall and will erect, build and complete good, suHicient 
 aiKrsuital)le station buildings for i»assengers and freight at 
 the several places following, that is to say : On the side line 
 UtweeJi the tenth and tdeventh lots in the fourth concession 
 of the Township of Tossorontio ; on the side line between lots 
 twenty-five and twenty-six within thrce-ciuarters of a mile of 
 the centre of the third concession of the said Township of 
 Tossorontio and at or near to the Village of Glencairn, in the 
 >aid Townshi[) of Tossorontio, and shall and will keep and 
 maintain the said stations, with all suitable, necessary and 
 l>roper buildings as the business done or capable of being done 
 at the said stations, respectively, may retjuire, and will under- 
 take to do the passenger and freight business of the country at 
 the said stations. 
 
 y'n, to orect 
 stations at 
 certain 
 side lines. 
 
 ] Jet ween lOtli 
 and 11th lot^ 
 in 4th Con. 
 between 
 lots 2,j and 2tj 
 I mile from 
 centre of 3ril 
 con. 
 
 Glencairn. 
 
 Will do busi- 
 ness of coun- 
 try tliereat. 
 
 In Witness whereof, etc. 
 
 Town 
 
194 
 
 Itth May, 
 «7.t. 
 
 Itecitat. ('i>, 
 finiHJWeifil til 
 iimkf iiKi't'c- 
 iiieiitM with 
 iuutiic:i|iiilitii'H 
 L'raiitiii}^ 
 
 IjOUIlSl'.S. 
 
 Ki'cital Unit 
 liarrit! foriiiM a 
 
 IMlltioll of KCC- 
 
 tioii lit' C .of 
 Siinriic ^tiiiiit- 
 iiiL; ii Imiiius, 
 
 .Main line of 
 
 railway to 
 |iasM tliioiiuli 
 liariii.'. 
 
 Passfnyer 
 ami freight 
 KtatioiiH to he 
 located there. 
 
 X. BiibKt. 
 10. Fraiicej< st. 
 W. Duckworth 
 St., H. VVel- .. 
 lingto 1 St. 
 
 Workshopi;, 
 frli!,'iiie )-);iiii.s, 
 etc., o:, line 
 mirth of 
 'i'ecunii^eth, 
 and south of 
 Medonte, to 
 lie located at 
 IJarrie. 
 
 A<aiKi..Mi;.NT Willi tiij: tow.v of iiakii/i,'. 
 
 Town ok Hakuik,- A'/rmnrut vith (he Uniitllluii mxJ XoV/!- 
 Westei'iL Unilvan, \\)th Mn/j, \ii7li, >< mh f Jij-lai'.' oj Voantu 
 o/Siiavue.lM Mof/,m:i 
 
 'J'his Aj,rreoint'iit niado in duplicftte the lUth May, l>7;i, he- 
 twui'U tht! Hamilton and North-We.steni Kiillway Conipniiy 
 and tlu" ( 'uiporation of tlio Town of Banic, witnesisetli :— 
 
 WliumiH l.y tin Act of tlie Lt';.;i.s;ature of tlio I'loviiu't' of 
 Ontario entitled "An Act to amend the Aet incorpointini,' the 
 Hamilton and Noith-Westeni Railway Company and to euaMt' 
 them to extend their line to (.'olliniVwood, the .said Kjuiway 
 Company are empowered to enter into an a;4ieement with any 
 muiueipality whidi may i^rant a I'onus or which may foi-ni part 
 of a county municipality, or sec. .on of a muiueipality ^ilantin" 
 a lionus in aid of the said Railway, detinini,' tlie locauo"i of tli" 
 line of the .said Railway, and the time within which the said 
 Railway shall l»e completed, the places where stations aie to ho 
 erected, or such ()ther matter.s of detail as may he aniocd on 
 between the Railway Company and the nuinicipality so yiant- 
 injr aid ; '"* 
 
 And whereas the Corporation of the Town of Barrie forms a 
 portion of a section of the County of Simcoo -,a'antir.<,' a huiius 
 in aid of the said Railway ; 
 
 ^ And wlieieas, pursuant to the said Act, the said Railway 
 Company and the Coi-jjoration of the Town of Barrie having 
 entered into the foUowiii^f agreement; 
 
 Now this Agreement witnes,seth tliat tlie saW. Hamilton and 
 North-Western Railwa} ''ompany do herel-y covenant, pn.niis>> 
 and agree to and with the said Corporation of the Town of 
 Barric', as folljv ; 
 
 That the main line of the :jaid Rnilwav, from the City of 
 Hanulton to JI.'l.' >. bt .geor or iMatchedash Day, or to' tlie 
 proposed Canada Central Railway or the (Canada Pacilie llail- 
 way, or one or both of them, shall be locate<l and pass through 
 the said Town of Barrie, and passenger and freight lions 
 sufficient and proper for the acconnnodation of tlie traffic . iid on 
 the main line of tiie Railway, shall be located and permanently 
 kept and tstablished within the limits of the .said Town Jf 
 Bairie,and somewhere to the north of Bob Street, east of Frances 
 street, west of Duckworth Street, and south of Wellington Street, 
 on the main line . " the said Railway. 
 
 Sccondbj, 'J hat all workshops, repairing shoi)s, engine shops, 
 or other shops or buildings re(iuired for the t rathe, working' 
 repairing or lenewing of the .said Railway or any part thereof, 
 or any of the cars, rolling stock or plant thereof, or which may 
 be erected by the said Railway Company, and which ma\- be 
 on the main line of the said R;j]way to the north of Tecumseth 
 or Clark.sville, and south of the Township of Medonte, shall be 
 located and pcrn>aneutly ke])t and established at or near the 
 
 Barrie 
 
AflRRKMENl- W'TH THE TOWNSHIP OF AD.IALA. 
 
 195 
 
 Iknie Station of tlio said Ilailway, nii'l to tlu> iiorili of HdI. N" -h.-n^.tc, 
 Stioot, an<l no shops or iMiiMinyrs .shall lus l.uilt, u.sutl or nuiin- hJ^J^; "L 
 tfiiin'.l (.11 th." main lin.' of the said Railway, nortli of th,- VillaLr,- of Smte, * 
 of Ti'cuiiist'tii and soutli of the '['ownship of Modonto, oxcipt 
 within tiio iimit>i of the said Town of Hamo and north of Boh 
 Street. 
 
 jTA/n/,— And tliis a^mnMnont further witnesscth, that tlio < ""ndl t. 
 sail! (Corporation of the Town of Harrie, in consideration of the {j?^;'/';' ','!"; 
 covenants and ajrreenients entered into as aforesaid by the said rH'nwrri':i"ht 
 Railway ( 'onipany.do lierel.y covenant, proinise iindujirree to and 'l' "'""", 
 with tlK.said llaihvay Company, that the said Ilailway (.'oini.anv IhiTllSC'v 
 faithfidly and tndy keeping,' and peiforniinnr the covenants and ''''"■■'" "^ir'tU. 
 ii<,'reenients heiein contained on their part, and to he kept and 
 performed, tliey, the said C\ rporation of the Town of Barrie, 
 will duly pass a resolution allowin^i,' tlio said Ilailway Companv 
 the ri|,'^t and privile<,'e to lun their said Ilailway on any .streets 
 of tlie Town of Barrie on a level with the rest of the streets, 
 except Hi«,di Street and Small Street, free of charye ; hut suh- 
 ji'ct to tlie restrictions as to lieight of rails ahove" and helow , . ,.f 
 tlio surface of the streets contained in the Ilailway Act: such which .'{"to 
 rii^lit or i)rivile<,^e sliall lie exercised in such a way as to occa- ''" k""'"''"''- 
 sion the least possilile Inconvenience or damaj^e to the streets 
 01- the tratHe thereon, and to he snhject to the said Ilailway 
 (Jompany keepinfj; such portion of tli'e said streets as may be (''>■ t.. ket-p 
 within the rails of their f rack and within one foot on either ''/*;.''','',"•''''"" 
 side thereof in proper order ami repair, and fit at all times roiluir;'" 
 (except (111 riii;jf the actual passin<,'and repassin;,^ of trains or en- And fit for 
 Jellies) for the usual and ordinary traHie and travel of such tnittic exrepfc 
 streets and sul.j(M't also to the said Ilailway Company not al- "^!,'''",''"'""' 
 li»wiri,i,s perniittiii<r, or sulll-rin^- their engines, ears, tenders '"''"""'''■ 
 trains, hand-cars or other rolling stock to be and remain sta-\S:;'irt'toTj 
 tionary on such streets beyond a necessary and reasonable i<«i't '""aou ' 
 time; and it is mutually understood and a-ireed between the **"''''' ^■''• 
 said parties that in the event of the said Railway being ex- 
 toudod beyond the Town of Barrie either to the pn.posed Paei- 
 tie Railway or otherwise, that the said Town of Barrie shaini'''>-''« "'t t.. 
 not be expected or called upon or forced to contribute any 'S'lVi;,;!''^' 
 turther bonus to the said Ilailway eitluu- under a separate liy- oxtemli..- line 
 law of the said Town of Barrie or under a By-law grouping the y^^rrk'' 
 said Town of Barrie Avitli other portions of the County of 
 Simcoe. 
 
 In Witness whereof, etc. 
 
 Township of Adjxlx.— A jreancnt ivlih the Ilaiallfon «,?,/ if'f' M'O'. 
 AnrfA-Wedern li'dbvay, VMj, May, 1«73, under Voitntij of'^^- 
 huncoe By-law, VStk May, kS7:3. 
 
 The 
 
 I 
 
i it 
 
 1: ^ v; 
 
 r.-i": 
 
 Ijll: : 
 
 196 AGREEMENT WITH THE TOWNSHIP OF ADJALA. 
 
 The same as the'Nottawasaga agreement, mutatis, mutandis, 
 page 189, down to the following recital : — 
 
 And whereas it was agreed by the said (Company nnd tho 
 said Township that as a matter of justice to the inhabitants of 
 the said Township, the agreement hereinafter expressed should 
 be made and entered into by and between the said Companj- 
 and the said Township in manner following that is to say: — 
 
 Firstly, Same as clause one of Nottawasaga agreement — patre 
 190. *■ ° 
 
 SXwn" ^" , Secondly, Tliat the said line of Railway should enter the 
 Township of Tecumseth at or near the line between lots foui' 
 and five in the first concession, and at all events not further to 
 the east than one-quarter of a mile from the said line, but sub- 
 ject to a proviso : That if at a cost not exceeding Si 0,000 in the 
 construction of the sai<l line of road it could be made to run 
 through any portion of the Township of Adjala, not further to 
 tlie west than in the fifth concession, the said Road might bo 
 located there, the said extra cost being computed on the cost of 
 constructing the Road from a point on the Road between the 
 third and fourth concessions of the Township of Albion to the 
 intersection of the route in Tecumseth, the building of any 
 extra length of line not to be computed, but only the increased 
 cost of construction in the same length of Load. 
 
 enter town 
 ship of 
 Tecumseth. 
 
 ex^.^'s^^ul^s ^^^"'^''Z/. That in order to ascertain the difierence in the cost 
 
 tobe"run"t*^ of constructing the said lines, that at r( 
 
 Adjala' s re- 
 quest. Adjala should point out," at the expense of the Company. 
 
 Adjala to 
 apiirove of 
 engineer. 
 
 Co. to erect 
 station at 
 J5allycroy. 
 
 vequest of Township of 
 Adjala there should be preliminary lines of survey run wdiere 
 
 Fourthly, That if required by Ad -da, the surveyor or en- 
 gineer to run said preliminary lines and make estimates should 
 oe one with whom the Reeve of Adjala was satisfied. 
 
 And whereas, in pursuance of the agreement above recited, 
 the Company have caused a preliminary survey to be made 
 from which it appears that a practicable route can be found 
 through the portion of Adjala above d.-fined, admitting of a 
 station being placed at or near to Ballycroy, and also at or near 
 to Totteidiam at a reasonable cost. 
 
 Covenant clause as in Nottawasaga agreement, page 190. 
 
 Firstly, Covenant as in Nottawasaga agreement, page 1 90. 
 
 Secondly, T\mi upon the surveys being finally completed the 
 Company will adopt the route so surveyed or some (jther route 
 within the limits above defined, anchvill erect a station thereon at 
 or near to Ballycroy provided the increased cost to the Comp- 
 any shall not exceed the sum so agreed upon. 
 
 Thirdly, 
 
AGREEMENT WITH THE TOWNSHIP OF TECUMSETH. 
 
 197 
 
 ''Inpineer to 
 
 Thirdly, The surveyor or engineer employed to complete the T'lnpii 
 liual survey through said portion of Adjala and the estimate ".''heVITroTed 
 of the co.st shall, if the Towri.shi[) of Adjala so desire, be one by Adj'ila7'' 
 M'ith whom the Reeve of Adjala shall be satisfied. 
 
 Fourthly, The Company shall and will place a Hag station at f'"- to place 
 the intersection of the seventh concession of Tecumseth. fiuersection of 
 
 7 concession 
 
 In Witness whereof etc. Tecumseth. 
 
 Township of TEcuyiHETH.— Agreement with the Hamilton and mh May, 
 North-Western Railway Company, Wth May, 1S7'3, tuic/er ^''*'''*' 
 County of Simcoe By-laiv, llUh May, 1873. 
 
 Same as Nottawasaga Agreement mutatis mutandis, page 
 ISD, down to the end of recitals and covenanting clause. 
 
 The following are the covenants : — 
 
 First. — That in the event of the said By-law being sane- Line to be 
 tioued by the ratepayers or a majority of them, and the said built from 
 l.ouus being granted'in aid of the said Railway, the said Com- Co'llSwood.' 
 j)any will construct, make and maintain a line or In-anch line 
 <if Railway from the Village of Clarksville, in the Township of 
 Tecumsetli, to the Town of Collingwood, and tliat out of such 
 bonus or sum of 3300,000 the sum of #130,000 sliall and will be si.io.ooo to be 
 expended in the construction of the said branch line of Rail- ''i"'"'t "n 
 
 way. hrixni:h. 
 
 Secondly. — That the said line of Roail shall run to or near Li„e of road 
 the Villages of Tottenham and Clarksville not further than a h"""" ""'''" 
 mile from the said villages respectively ; and, if no engineering infalrk". 
 dirticulties ai'e encountered, within half a mile thereof. ville. 
 
 Thirdly. — That the said line shall run so as to cross lot num- T.ine to cross 
 ber two, in the fifteenth concession of the said Townshin of Te- }','} -• ^•"' <=!"'■ 
 
 ., , ' lecuniseth. 
 
 cumseth ; and, 
 
 Fourthly. — That they the sai<l Company, their successoi-s or Co. t r^-ct 
 assigns, shall and will erect, build and complete good, sufiicient **'*''" 
 and suitable station buildings for passengers and freight at the 
 seviH'al places following that is to say : — 
 
 Hither at the Village of Clarksville, or as near thereto, as the (Harksville. 
 line will go, and at or as near to the Village of Allistoii,as pos- Alliston. 
 sible and a Hag station at the intersection of the road with the ^ 
 sevi'iitli line of Tecumseth, the stations beino- in the Township -.I' „ ,'"" ., 
 
 ,, ,,, , 11111 Ml 1 1 • • ieonruseth. 
 
 or lecumseth, and shall and will keep and maintain the same To keep and 
 with all such suitalile, necessary and proper Imildings as the uuiintain the 
 business done or capable of being done at the said stations '""""• 
 
 respectively 
 
 Ml 
 
 
t •' 
 
 198 
 
 AGREEMENT WITH THE TOWNSHIP OF SUNNIDALE. 
 
 respectively may require and will undertake to do the passen- 
 ger and freigl. business of the country at the said stations. 
 
 In Witness whereof, etc. 
 
 loth May, 
 1873. 
 
 Township of Sunnidale. — Agreement rvifhthe jlamilton and 
 Korth-Wefitern Eaikvay Compani/, Idtk Mny, 1873, undci- 
 County of Sinicoe By-laiv, ISth May, 187'i. 
 
 Same as Agreement of Nottawasaga, page 18.0, mutatis iiiu- 
 tandts to the end of recitals and covenanting clause. 
 
 The following are covenants : — 
 
 Firstly, San^e as clause first of Nottawas-aga, page 190. 
 
 Co. to erect 
 stations 
 
 Thirdly, They the said Company, their successoi's and assigns, 
 .shall and will erect, build and complete good and sufficient and 
 .suitable station buildings for passengers and freight on the line 
 of sjii'' Railway, at the several jdaces following, that is to say : 
 
 At Glenc.iirn. First. At or as near to the Village of Glencairn in the Town- 
 .ship of Tossorontio as possible : Secondly. At or as near the 
 
 At Creemore. Vilhige of Creemore as possible. And shall and will establish 
 at each of the places hereinbefore mentioned regular way sta- 
 tions ; and 
 
 Co. to rnaiii- 
 tain stations 
 
 Fourthly, That they the said Company, their successors and 
 a.ssigns shall, and will well and sufficiently keep and maintain 
 the said stations above mentioned with all such suitable nec- 
 essary and proper buildings as the business done or capable of 
 being done at the .said stations respectively may i-equire for 
 seven years after the trains shall have commenced to run on 
 ooiniiieiice to the said road and shall and will undertake to do the passen- 
 ger and freiglio business of the country at said stations. 
 
 In Witness whereof, etc. 
 
 For 7 years 
 after trains 
 
 CITY OF HAMILTON. 
 
 9th June,i873. By-hvw of the City of Hamilton, 2><^^^<^d Oth June, 1873. 
 
 Hamilton By- 
 law. 
 §100,000. 
 
 Rate at which 
 cord wood iin I 
 greenwood to 
 be carried 
 
 By-law grants bonus to the extent of 8100,000, to the Hamil 
 ton and North-Western Railway Company 
 
 Debentures were to be deposited with Trustees within six 
 weeks after the passing By-law, and to be paid over upon cer- 
 tain conditions that have been fulfilled, and upon the followini'* 
 condition :— 
 
 And it is hereby further provided that this B^^-law is passed 
 upon the following condition, that is to say : That the said 
 Railway Company shall at all times receive and carry cordwooci, 
 
 or 
 
* 1. 
 
 AfiREKMENTS UNDER PEEL BY-LA.W. 
 
 199 
 
 ■)0 
 
 CtH, 
 
 uiuler 
 
 or any wood or fuel, at a rate not to exceed for dry wood f'f>rJwood 3c. 
 tluee cents per mile per cord from all stations, exceeding tifty i'utilms, 7\^ 
 miles, and at a rate not exceeding three and-a-half cents per ofudiiit,' r.n 
 cord per mile from all stations under fifty miles, in full car- Jler^iniij 
 loads ; and for green wood at the rate of two and a-half cents r>o miles, 
 iier ton per mile, and that the Company shall further, at all «reen wood 2.\ 
 ti-nes, furnish every facility for the free aiid unrestrained tratiic ''''"'^ pwnnle. 
 in cordwood to the City of Hamilton, to as largo an extent as 
 in the case of other freight carrieil over the said Railway. 
 
 Aijneme)it w'th the Manklpil Council of the C'lttj of Haviil- 
 tail, dated iini January, IST-t, made ui connection ivith By- 
 law pasHcd \)tk June, liS73. 
 
 Certain conditions made with reference to the lianding over 
 of the debentures, viz. : that communication should be estab- 
 lished between Hamilton and Grand Trunk Railway. 
 
 These conditions have been ful tilled, and the debentures 
 delivered to the Company. 
 
 The following stipulation also occurs : — 
 
 It is further agreed that, under no circumst'^nces shall the Uoad not to 
 said Railway be tnmsferred or placed under the control of any t.'^coXou'f 
 other Railway Company, but on the contrary in any arrange- another Com- 
 inent that shall bo nxade with any other Railway Company or i'*"^- 
 with the Great Western Company, for running powers into the 
 City of Hamilton, ade(![uate provision shall be made for secur- 
 ing running powers or traffic arrangements with all other Com- 
 panies which shall or may intersect or forni a junction, or be in 
 a position and desire to use the said railway so as to secure the 
 most ample facilities for the interchange of traffic, from or over 
 such connecting or other roads to and from the City of Hamil- 
 ton. 
 
 AGREEMENTS UNDER PEEL BY-LAW. 
 
 The County of Peel passed, October l7th, 1873, By-law 
 granting S30,000 to aid the Hamilton and North- Western 
 Railway Company, in connection wherew'th the following 
 agreement was made : — 
 
 Township of Caledon. — Agreement luithHamilton andNorth- 8ii» Oct,, 1873. 
 Western Raihuay Company, under By-law comi ng into oper- 
 ation Slst day of December, 1873, d>th October, 1873. 
 
 Recital that County Council of Peel have passed second read- Kenital that 
 ing of By-law, to take effect if sanctioned by ratepayers P"""*"""^ °* 
 
 whereby 
 
 
M 
 
 i 
 , 1 
 
 BH 
 
 f 
 
 iffl 
 
 1 '- 
 
 iSn 
 
 ! 1 
 
 
 
 200 
 
 % 
 
 ill 
 
 ) , it,, 
 
 < ■ 
 
 ' a 
 
 ( i 
 i i 
 
 1 ■ 
 
 ' ! ' ' 
 
 ; 1 
 
 \hv 
 
 ■t 
 
 
 m 
 
 ^1 
 
 AGREEMENTS UNDER PEEL B\'-LAW. 
 
 Co, to erect 
 Ktations. 
 
 SoutCrit whereby proposed, that the portion of the said County beinff 
 
 lx.nuB. composed of a portion of the Township of Caledon, a portion of 
 
 « A n •^"^'^'P ^^ Chinguacousy, and a portion of the Townshin 
 
 of Albion, should grant a bonus of $80,000, to aid and assist 
 
 Company in constructing their line in Peel. 
 
 Recital as in Esquesing agreement, 7nutatls mutandis, p. 201 
 
 Usual covenant clause. 
 
 Covenants : 
 
 That in the event of the said By-law being sanctioned by the 
 Katepayers or a majority of them, and the said bonus bein<r 
 granted in aid of the said Company, th(>y tl)e said Company 
 their successors and assigns, shall and will erect, b,.ild and 
 complete good and sufficient, and suitable station buildin<rs for 
 l)assengers and freight, on the line of the said Railway, at the 
 several places following, that is to say :— 
 
 At the Village of Caledon East, in the Township of Caledon 
 at bligo or at tne junction of the Hamilton and North-Westeiii' 
 Radway with the Toronto, Grey and Bruce Railway, near the 
 third line of Caledon. "^ 
 
 In witness whereof, etc. 
 
 At Caleilon 
 
 East,_ 
 
 At Sligo, or 
 
 liril line in 
 
 Caledon. 
 
 8th Oot.,1873. To\VNsnip OF Ai.KiON.— J.^jrcruoi/ with Hamilton and North- 
 WeHtern liailwaij, m October, 1873, under By-laiv of Count >t 
 of Feel. '' '' 
 
 Co. to place 
 8tation». 
 
 4th line Town- 
 ship Albion 
 7th line below 
 Buckstroni, 
 Caledon, E. 
 
 The several clauses of this agreement same as in preceding 
 agreement with the Township of Caledon, page 199, down to 
 clause describing stations to be placed. 
 
 _ At the several places following, that is to say: at the cross- 
 ing of the Hamilton and North-Western Railway, on the fourth 
 line of the Township of Albion ; at the crossing of the Hamil- 
 ton and North-Western Railway on the seventh line of the 
 lownship of Albion below Buckstrora ; and at the Villacre of 
 Caledon East. *= 
 
 In Witness whereof, etc. 
 
 8th Oct.. 1873. Township of CumGVM:ov^\.~ Agreement ivith the Hamilton 
 and Aorth-Western Maihvay, bth October, 1873, under B,j. 
 laio of County oj Feel, 
 
 Co. to place 
 Btations. 
 
 SalmonviHe. 
 Cheltenham. 
 
 The 
 
 several clauses of this agreement the same as in preced- 
 ing agreements with Townships of Caledon page 189 and 
 Albion down to clause describing where stations to be placed^ 
 At the several places following, that is to say : at the Village 
 of Salmonvillc and at the Village of Cheltenham, in the said 
 lownship. 
 
 In Witness whereof, etc. 
 
 'IMJa 
 
AGREEMENTS UNDER HALTON BY-LAW. 
 
 AGREEMENTS UNDER HALTON BY-LAW. 
 
 The County of Halton, by a By-law ])assed 13th March, 
 1874, granted a bonus of !i?8.3,00() to the Hamilton and Noith- 
 Wc-stera Railway Company. The following agreements were 
 made in connection therewith : — 
 
 Township of Esquesing. — Agreement with the Hamilton and 
 Nortk-WesUni Railway Company, iUh March, 1874. 
 
 Recital that County Council of Halton al)0ut to pass a By- 
 law that a portion of County, Ijcnng composed of a portion of 
 Township of Estjuesing, a portion of the Township of Trnfalgar, 
 a portion of the Townsliip of Nelson, and the Village of George- 
 town and the Town of Milton, should grant a bonus of ^505,000 
 to aid and assist the sai I Com|)any in the consti iction of tlu'ir 
 line of Railway within the said County of Halton ; 
 
 And whereas, by an Act of the Ontario Legislature made 
 and passed in the thirty-sixth year of the reign of Her present 
 Majesty Queen Vietoi-ia, entitled an Act to amend the Act 
 incorporating the Hamilton and North-Westurn Railsvay Com- 
 pany and to enable them to extend their line to Collingwood, 
 it was declared lawful for th(i said Comitany to enter into an 
 agreement with any municipality which may form a portion of 
 a County nmnicipality granting a bonus in aid of the said 
 Railway ; 
 
 And Avhereas, the said Township of Esquesing forms a 
 portion of the section of the municipality of the County of 
 Halton granting or proposing to grant a bonus to the said 
 Railway in aid thereof ; 
 
 And wbereas, it hath been agreed by the said Company and 
 the said Township that as a n>atter of justice to the inhabi- 
 tants of the said Township that the agreement hereafter 
 expressed and contained shall be made and entered into by and 
 between the said Company and the said Townshii). 
 
 Company covenants in usual form. 
 
 That in the event of the said By-law being sanctioned by 
 the ratepayers or a majority of tliem, and the said bonus being 
 granted in aid of the said Company, they, the said Company, 
 their successoi's and assigns, shall and will erect, build and 
 complete good and sutticient and suitable station buildings for 
 pa.ssengers and freight on the line of said Railway at the 
 several places following, that is to say : 
 
 On lot 22 in the lUth con. of Esquesing, to be called the 
 Glen Williams Station, if upon the final survey of tb.e line and 
 the selection of the route which shall be found, in the judgment 
 of the Chief Engineer of the Company, to be the most suitable 
 and advantageous route it shall be found practicable to diverge 
 the line so as to place the station at that point at any expense 
 not greater than $7,500 beyond the sum it would take if such 
 
 selected 
 
 201 
 
 11th Oct., 1873 
 Kt'oital, 
 tiortioa of 
 Halton about 
 to pass l)v-law 
 for .?(i.".,l)0O. 
 
 Co. authorized 
 to enter into 
 a}<rt'einents 
 with niunici- 
 lialities grant- 
 inL' bonuses. 
 
 Esquesing, _ 
 jKirt of .section 
 of munici- 
 pality grant- 
 in'' bonus. 
 
 Co. to erect 
 stations at cer" 
 tain points. 
 
 T-ot 22, 10 
 Esquesing, 
 Glen Williams 
 station, if 
 practicable to 
 diverge line. 
 
 ii 
 
tt 
 
 « I 
 
 202 
 
 OoHH roads 
 
 between '['>&, 
 
 Ifirthei.ii. 
 
 EsfiueHiiif;, 
 
 HteilDHtdll 
 
 Htatioii. 
 
 AOREEMENTS UNDER IIALTON HY-LAW. 
 
 selected lino had been adopted, but in estimating .such incrensed 
 expense no portion of the line shall bo computed east of the 
 north-oast side of Kennedy's Creek, from which point the 
 expense of such divergence is to be calculated; and also on tl ■> 
 cross road between lots 15 and 10 in the 7th concession of the 
 said lownslup of Esquesing, to be called and known as the 
 fetennaton Station. 
 
 In Witness whereof, etc. 
 
 C'o. to erect 
 
 stations 
 
 huildinyg. 
 
 Mur. lo, 18<.,. JowxsHip OF ^v.Lsos.-Arjrennent vUh the JIamlUon ami 
 Aorth-Wcstern Cowjxiny, March LV/^ 1«74, inconncdion 
 I'dk By-law of County ufHalton,\mk March, \ii7i. 
 
 The preamble clauses the same as in preceding agreement 
 with the Township of Esquesing, page 201. 
 
 Covenanting clause in usual foini." 
 
 Covenants : 
 
 That in the event of the said By-law l)eing sanctioned by the 
 ratepayers or a majority of them, and the said bonus bein.r 
 granted in aid of the said Company, they the said Company 
 their successors and assigns, shall and will ereit and comi)lete 
 good and suitable and sufficient station buildings for passen.rers 
 and freight, on tlie lino of the said Kailway. at the several places 
 tollowing, that is to say :— 
 ' One at or near the point when^ the lino of the said Railway 
 will cross Dun.his Street, near to Nelson ViUi.ge or Hannawalla. 
 to bo called and known as the Nelson Station ; one at or near 
 Zimmerman's Mills, to be called and known as the Zimmerman 
 Station ; and one at a point on the lino of the Railway most 
 convenient of any to the people of Palermo and Trafdh^ar to 
 bo called and known as Palermo Station ; and one at or near 
 the Village of Burlington, not further distant from the Lake 
 Shore than one-half mile. 
 In witness whereof, etc. 
 
 Nelson statin 
 
 ZininuTnian 
 station. 
 
 Palermo 
 station. 
 
 Burlinston. 
 
 Co. to erect 
 and complete 
 station at 
 Burlinffton. 
 
 Maich, 18.4. \ UA.XV.F. OF ^^muAJsGio^.— Agreement loith the Hamilton and 
 ^orth-M Cistern Railway, March, 1874, in connection with 
 By-law 0/ County of Ha.lton, ISth March, 1874. 
 
 Covenanting clause in usual form. 
 
 That in the event of the By-law being sanctioned by the 
 ratepayers, or a majority of them, and the said bonus beino- 
 granted in aid of the said Railway, the said Company, their 
 successors or assigns, .shall and will erect, build and completo 
 good, sufhcient and suitable station buildings at the st/ition 
 tollowing, that is to .say : at or near the Village of Burlinrr on 
 not more distant from the present post-office than one-half a 
 mile. 
 
 In Witness whereof, etc. 
 
 Town 
 
BY-LAW OF CITY OF HAMILTON. 
 
 203 
 
 T(i\v\ <>i'" MiLTOK. — Agreement vuth, JIamiffon and iN'oj'^/t- ^^*™''' ^'^"■* 
 W('sf('r)i Ihdhray, March, 1874, under liy-lair of Count)/ of 
 llaltun, VMh March, 1874. 
 
 Same recitals as in Es(iucsing agreement, page 201. 
 
 Usual covenant clause. 
 
 Covenants — To erect station buildings at the station follow- Oo. toeroct 
 iiiLT, iliat is to say: Within the limits of the said cor])orati(in of ^niton. 
 the Town of Milton, the corporation of the said Town of Mil- 
 ton agreeing on their part to grant permission to tlie Company Corporation of 
 to pass over and along any streets that may be required in ap- i^tre't" inter-^'^ 
 proachiug the said station, and to close any streets within the ferinj,' with 
 limits of the said station grounds, or that may interfere with ^'^™'""''l'"o'' 
 the sidings therewith connected. 
 
 Ill Witness whereof, etc. 
 
 A'iLLA(iK OF Gkorgetown. — Agreement rmth the Hamilton "Maich, laii. 
 (lud North-WcKtern Railway Company. By-latv VHh March, 
 '[H7^,u}idcr By-law of County of Halton,l7th October, }H7'i. 
 
 Piccitals as in Esquesing agreement, page 201. 
 
 Usual covenant clauses. 
 
 Covenant — That the Company shall and will erect, build and Co. to erect 
 coniplet ! good, sufficient and suitable station buildings for pas- (jtwl'etown. 
 Ki'iigers and freight on the line of said Railway at the several 70 roil.^, fnmi 
 jilaces following, that is to say: A station within the distance (J."t!"k.' 
 of seventy rods of the point at which the line of the Railway 
 shall cross the Grand Trunk Railway. 
 
 In Witness whereof, etc. 
 
 ^ITY OF HAMILTON. 
 
 B;j-law (f City of Hamilton, granting $100,000 to the Hamil- 
 ton and A' orth-Westeroi Malkvay Company. 
 
 Adopted by vote of ratepayers 80th August, 1875, and be- .soth August, 
 coming operative 1st October, 1875. 1W5. 
 
 After certain clauses referring to the issue of the debentures, 
 etc., which are now of no importance, the same having long- 
 since been iianded over to the Company , and disposed of, it 
 j>ruceeds as follows: 
 
 10. That the Mayor of the said city, in consideration of the Mayor to be 
 bonus heretofore granted by the said city, and of the proposed «•<•/#'<■'" 
 subscription of Stuck shall be ex officio a Director of the said ajwlyg"'^ 
 
 Company 
 
 ■M\ 
 
l;l 
 
 |:^^t. 
 
 204 BY-LAW OF CITY OF HAMILTON. 
 
 Company for all time to come, whether the said city shall hoU 
 btocK in the said Company or not. 
 
 11 That the head offices and Board of Directors or manacrn. 
 ment of the said Company shall be permanently locate.ll,, 
 xlannlton. 
 
 12. That all the construction and manufacturing shops of 
 the said Railway and their principal repairin^r shoos, and all 
 treight sheds, store-houses, elevators and other builditiirs um\ 
 oi- re(|uired for carrying on the business of the said Railway at 
 Hami ton, shall be erected within the limits of the said City of 
 Mann ton, and remain and be worked there permanently and 
 tliat the cost of such shops, and other erections in this para- 
 graph mentioned, shall not be less than one hundred thousand 
 dollars, .such sHim to be expended thereon within five years from 
 .he passing of this By-law, and that all freight can-ied by t'^e 
 said Company to be forwarded byway of Lake Ontariosball 
 be transhipped at the City of Hamilton, and the Company shall 
 not u.se, build or make, for the purp(jse of traffic, any Wharf 
 store-house, elevator, or tindjer boom upon Lake Ontario or 
 Burlington Bay, except on the south side of the bay, within thu 
 limits of the City of Hamilton. ^ 
 
 rrfite"?S I?-. Tl>at the Rolling Stock of the said Company f"r Mio 
 
 |;urdiVV^' "^M 1^^ ^•^^^"'^ ^^ f^"'* thousand dollars per 
 
 Ijompuro-. ■' f"^l^,' ■'^V'','^ ''" ^'"^ construction of the said Railway, be purchased 
 
 by the Company, and not merely leased by them. 
 
 Head ofticeo 
 at Uaiiiilton. 
 
 Construction 
 and nianufac- 
 turin^r uliops, 
 etc, fiei<,'lit 
 Hheds, etc, and 
 elevators to be 
 at Hamilton 
 and there re- 
 )nain. 
 
 To coMt 
 !?1(K),000. 
 
 Freiffht for 
 T/ake Ontario 
 tran.sliiiii)od 
 there. 
 
 Co. not to 
 build wharf, 
 timber boom, 
 elevator, etc, 
 thereon except 
 in liniitH. 
 
 f 'o. to be an 
 independent 
 road. 
 
 U. That the said Railway Company, except to the extent of 
 Its amaJgamation with the Hamilton and Lake Erie Railway 
 tionwuV""''"^""'^'''"^'' '^'^^!^ be an independent road; that the same shall 
 (i.W.K. n • *o"" ^ connection or junction with the Great Western Railway 
 Hamilton. Company within the limits of the City of Hamilton, and shall 
 not torm any connection or junction with any Railway Com- 
 pany to the east of the present city limits. 
 
 Not to run 
 line on west or 
 Houth Hide of 
 road on Bur- 
 lington beach, 
 nor use beach 
 on north or 
 south of same, 
 or cross same 
 except by 
 necessity. 
 
 Id. That in crossing Burlington Beach, in the Township / 
 fealttleet, the .said Railway sliall run their track on the west or 
 south side of the present travelled road over said beach, and 
 shall not enter upon, use, oi take for any of the purposes of the 
 said Railway any portion of the beach lying east or north of 
 the said travelled road, nrr .shall they run their track on the 
 said travelled road except in crossing the same where necessary 
 
 ' This section wa.s annulled by 40 Vict. cap. ^8, sec. 17, pa.ije 05 
 
 n 
 
 m 
 
 ■jyifif*' 
 
tli'l 
 
 BY-LAW OF TOWNSHIP OF MULMLR. 
 
 205 
 
 y shall hold 
 
 or manage- 
 located in 
 
 ng shops of 
 'ps, and all 
 ldinjr,s used 
 Railwa}' at 
 mid City of 
 nently, and 
 \ this para- 
 1 thousand 
 ! years from 
 I'ied l.y the 
 titario shall 
 ipany shall 
 iiny wharf, 
 Ontario or 
 within tli(3 
 
 y, for the 
 lollars per 
 i purchased 
 
 e extent of 
 e Railway 
 same shall 
 11 Railway 
 , and shall 
 vay Com- 
 
 )wnship -f 
 he west or 
 aeach, and 
 )ses of the 
 ' noith of 
 ick on the 
 necessary. 
 
 e05 
 
 Bij-law of Township of Mulmur, ZOth June, 1877, and agree- iiothJum-, 
 ment thereunder. ^"''• 
 
 The Township of Mulmur by By-law which passed the third 
 reading' in the Township Council on the ;50th June, 1H77, hav- 
 in<^ heen previously aj^reetl to by the electors, on the 2(ith May 
 of the saiiie year, granted S>-'),()()() to assist the Hamilton and 
 North-western Railway Company to build their branch to 
 Collingwood. 
 
 The Hy-law contained the following provision (together with 
 others relating to the issue of debentures which are now of no 
 importance) : — 
 
 4. (/>) That the said Company shall, before the final passage 
 of this By-law, have delivered to the Municipal Council of the 
 said Township an agreement under their corporate seal, agree- 
 in" that such grading sh.dl be completed on or before the first 
 day of November next (1H77), and that such portion uf the 
 branch line shall be completed so as to admit of the passage of 
 trains <jver the same on or before the first day of January, A.D. 
 LS78, and furtli'M- agreeing that the coup(ms on such deben- 
 tmes, or any of uiem, which shall mature before the respective 
 times at wdiich the said Company shall be entitled to receive 
 such debentures from the said trustees, shall be cut off by the 
 trustees, and by them deli vered to the treasurer of the said ^^^ ^^^ 
 township, and further agree! ig that from and after the com- accommoilate 
 nletion of the said i)ortion of the Company's branch line, and trntiic as effi. 
 
 1 1 !• 1' II 1 1 p 111^ ii /-I cieiitly as i>n 
 
 the delivery oi the whole oi such debentures, tlie Compan}', niain line be- 
 
 tlieir successors and assigns, shall and will transact the business tween ('lark* 
 
 of such jjortion, so as to accommodate the tralKc of the country Hanie. 
 
 served thereby as efficiently as on the main line between 
 
 Clarksville and Barrie. 
 
 The following Agreement was given by the Company in pur- 
 suance of this provision :— 
 
 Articles of Agrkement made, entered into, and concluded 
 this day of , in the year of our Lord one 
 
 thousand eight hundred and seventy-seven. 
 
 By and between the Hamilton and North-Western Railway, H.AN.W. •'. 
 hereinafter called " The Company," of the first part, and the J^P 'iii';^^"'' 
 Municipal Corporation of the Township of Mulmur, in the 
 County of Simcoe, hereinafter called '' The Township," of the 
 second part. 
 
 Whereas the Municipal Council of the said Township, under Kecital that 
 and Viy virtue of the power given to the said Council by the t^e'Ry.'"re^i 
 Charter of the said Company did, on the petition of certain 2nd and'.kd 
 freeholders (qualified to vote within the portion of the Town- t'l^^s. 
 ship affected, read a ceitain By-law a first and second time, 
 which had been introduced in the interest of the said petition- 
 ers, who prayed that the same might be passed, and which is 
 
 intended 
 
 I 
 
^06 
 
 AQRE^MENT WITIf TOWNHHII' OF Mrf.MUH. 
 
 Recital ;tl) Vio. 
 cap. 84, ](. 41. 
 
 intended to take eH'ect, and cotno into operation, on the 
 day of no.\t, if siinetioned l.y tlio latopayers i|imlitie.l 
 
 to vote thereon, or a niajoiity of such nitepayerH, mid whei.jl.v 
 It i.i proposed tliat the portion of the Township defii h1 shuiiM 
 gjant a l.onus of ^loHars to ai<l and assist the 
 
 said Lompany in tlie constrnction of a portion of their hnc of 
 Railway. 
 
 And whereas, by an Act of tlie Ontario Legislature miicle 
 and i.a.ssed in the tliirty -sixth year of tlie Ilei^n of Her present 
 Majesty Que.. , I Victoria, chapter ei-hty-fuur, it was declared 
 iawtul tor the said Company and the council of any nuinici- 
 paity which, or a portiini of which, should jrrant a l.onus in 
 aid of the said Railway to enter int') an a<,neeiiient, and .rener- 
 ally to make such arran|,'eiiientH respectin<r the conditions or 
 disposition of such bonus as might be found advisable. 
 
 And whereas it hath been agreed by the said Company and 
 the said Townshi]) that, as a matter of justice to the iiil'iiiliit- 
 ant.s of the said Township, the agreement hereinafter expressed 
 and contained should be made and entered into by and between 
 the said Company and the said Township. 
 
 Now these presents witness that, in consideration of tho 
 premises, and of the sum of one dollar of lawful money of 
 Canada to the said Company paid by the said Township, the 
 receipt whereof is hereby acknowledged, they the said Com- 
 pany do hereby, for themselves, their successors and assigns 
 covenant, promise and agree to and with the said TownsTiin' 
 
 theii 
 sa 
 
 successors and assigns in manner 
 
 follow iiii:, 
 
 that is t(i 
 
 Dc1)enture8 to 
 be handed to 
 TrUHteeH on 
 certain trnstH. 
 
 Grading to be 
 completed be- 
 fore Ist Oct. 
 1877, 
 
 Coupons. 
 
 t -rst. Tho debentures to be issued under the said By-law 
 shall, within the time in that behalf limited in the Acts relat- 
 ing to the said Company, bo delivered to three trustees to be 
 named as therein provided for, who shall receive the same on 
 the trusts following, that is to say— On trust to hoh' the 
 whole of such debentures until the grading of the portion of 
 the Comi)any's branch line of Railway, extending from the 
 Iioint where the same diverges from tho main line at 
 or near Clarksville to the Village of Glencairn, shall 'e 
 certified by the chief engineer of the said Company to be com- 
 pl.ited, whereupon one-half of such debentures shall" be delivered 
 over by the said trustees to the said Company, and on trust to 
 hold the other half thereof until such portion of the branch line 
 shall be completed, so as to admit of the passage of trains over 
 the same, and trains are being run thereon, whereupon sucli 
 debentures shall be delivered over by the trustees. 
 
 Second. The said Company shall and will complete such 
 grading on such portion on or before the first day of October, 
 1877, and shall and will complete such portion of the line so as 
 to a<l.nit of the passage of trains over the same on or before the 
 hrst day of January, 1878. 
 
 Third. The coupons which shall have matured upon such de- 
 bentures, or any of them, before the respective times at which 
 
 the 
 
i 
 
 I the 
 
 i"H <iualiHt'(l 
 1<1 wlicichv 
 ii Ml should 
 (J assist the 
 heir line of 
 
 tuio, iiiiide 
 Her prt'sont 
 IS decliireil 
 iiy nuiuici- 
 a liDiius in 
 and jfciier- 
 inlitiuiis or 
 lie. 
 
 npany and 
 10 inhatiit- 
 • expressed 
 1(1 between 
 
 ion of the 
 nioin-y of 
 nsjii]), tlic 
 said Coiii- 
 id assigns, 
 Township, 
 that is t(i 
 
 id By-law 
 \ct.s relat- 
 teos to be 
 
 same on 
 hold the 
 
 portion oi' 
 from tlie 
 
 1 line at 
 shall le 
 
 :o be corn- 
 delivered 
 n trust to 
 ranch line 
 rains over 
 il)on such 
 
 )lete such 
 
 October, 
 
 line so as 
 
 before the 
 
 » such de- 
 
 at which 
 
 the 
 
 nv-LAWs, v.rv., of townships of tossouontio and otiikks. 
 
 207 
 
 the Company shall bi' entitled to i^ceivc Huch debentures from 
 tl said trustees, siiiill be cut off l»y the trustees, and by them 
 delivered to the treasurer of the said Township. 
 
 Foiuth. From and after the comi)letion of the said portion of ^J;"'/;,^,"^,,,^^^^^ 
 the t'linipany's line, and the delivery of t.ie whole of such de- tnirti(! w otti- 
 bentures, the Company, their uiccessors ai.«'. assi},'ns, shall and Z!iu\Z"L. 
 will transact the business of s». h portion, so as to accommodate twiM-n ciuiks- 
 the tnitKc of the country surve<l tuereb^ as ellicieiitly as on the }J'J^',»"^l 
 main line between Chuksvillo and Fuirrie. 
 
 liy-hm and Agreement of the Toivmlup of lonnorontio. 
 
 The Townshij) of Tossorontio by By-law, which jmssed tlu- '.'(jtli May, 
 third rendin<,' in the Township Council on the 'itith May, 1877, ''" 
 iiavin" been previously voted «n ami agreed to by the electors 
 on the 2(;th April of same year, .^ranted i?lO,()()() to assist the 
 Hamilton an<l North-VVestern Railway Company to build their 
 branch line to CoUingwood. 
 
 This Bv-huv ccmtained the same provision as section 4 (h), of Hame as Mul- 
 By-law of Township of Mulmur, page SO.'), and an agreement, """■' •'• " '• 
 the same, iitittdtii^ iniif(m(li>i, as that with Miilmur, was executed 
 by the Company in pursuance thereof. 
 
 Ihl-law and Agreement of thi Vllldyc of AUi>iton. 
 
 Tlie Village of Alliston V>y By-law, which jmssed the third l^nth .Tune, 
 reading on tlie oOth June, r«77! having been previously voted ^"• 
 on and ai,aced to by the electors on the 22nd May of same 
 year, granting ^^10,000 to assist the Ifamiltonand Xorth-West- 
 ern Railway "(Jompany to build their branch line to CoUing- 
 wood. 
 
 This By-law contained the same jjrovision as section 4 (/»), of SameasMul- 
 By-law of Township of Muhaur, page 20'}, and an agreement, "'"■■' ^'- " '' 
 the same, mnfafis inutdndis, as that with Mulmur, was exe- 
 cuted by the Company in pursuance thereof. 
 
 Bij-loiv and Agreement of Township of Adjala. 
 
 The Townshiiiof Adjala, Ly By-law which passed the third JJ^'T^'y. 
 reading on the 'Ah of July, 1«77, "having been previously voted ' * 
 on antf agreed to by the electors on the 2Gth April of same 
 year, granted $2,500 to assist the Hamilton and North-"\Vestern 
 Railway Company to build their branch line to CoUingwood. 
 
 This By-law contained tlie same provision as section 4 (/>), SameasMul- 
 of Bv-law (jf Township of Mulmur, page 20.5, and an agreement °'"'"' I'- "• 
 the same, mu/'(/<'.s 7n(//a«</;,^', as that with Mulmur, page 205, 
 was executed by the Company in pursuance thereof. 
 
 Bj-law 
 
S08 
 
 AOHEEMENT TOWNSHIP of INNFSFIL. 
 
 'liliji' ' 
 
 hi 
 
 flOth June, 
 
 1H77. 
 
 Sainn .vs Mill- 
 miir, II. '.'OS. 
 
 Bj-latu and Aijreemcnt of Township of Kma. 
 
 Tlu. T«nvn,sl,ip „f KsHR, l,y By-law. which pas.se.l tho tlur.1 
 n-a-Iin- „„ the .'JOth Jun.-. 1«77, havin- U-vn provicuslv votl 
 on ati.l afrru'.l to l,y th.- d.-ctors on tho 2n.l .Jun.' cif .,„„.' 
 Kur, j,'rank..l 8-2,>()() toansist the Hamilton an.l North-Wt ,ter . 
 Kailway Company to l)uil(l their lijie to CollinKwood. 
 
 J his %-law containcl the saini; provision as sccti.m 4 (h, 
 ot J.y-hi\-of lownshipof Mnhnur,pa<r..L'().-,,an.l an a.nooinent 
 tlio sanio ,m,t,it,H mufati<Us, as that with MuUnurnr- 05 was 
 executeil l.y the Company in pursuance thereof. 
 
 AOHKKMENT WITH TOWXsnil' OF INNI.SFIL, 
 
 Etw::,;^'"' , ^'^TV/^'-'*?.,''''' AOKKKMENT nm<le an.l entered into, and con- 
 
 If r \?' V • 'i r '" ^'^'''"^'^' '^''y "^' A^^'«"'»ber. one thousa.ul e -d t hun- 
 ftn. IowmhI,!,, (h-ed and seventy-seven ° 
 
 Between the Hanuiton and North- Wastern Railway Company 
 hereinaf er called the Company of the first part ^ ^ 
 
 An,l tlie Muniripul Corporation of the Township of Innisfil 
 n the Comity ot S.mcoe. hereinafter called the Township of 
 the siicond pa . ' 
 
 twrntv7hi,.l-| '^" f 7'^""'^'"t l.earin;r .late on or al.out the 
 
 Trte t ml r^^^^^^ "^^'f^ V'' ''^'^''"^ '-^ be ^.,od. valid and 
 effe.,tna l.y the second section of a certain Act bein- thirty- 
 
 MX Vicor.a chapter eij,dity-fonr, and intituled "An Act to 
 
 amend the Act incorporatin- the Hamilton an.l North- Western 
 
 Hallway ( ompany, and to enable them to exten.l their line to 
 
 Coll. gwood between the said parties hereto respectively, i? 
 
 V as unoiiust other thm^fs a-ree-l that the sai.l Company shm Id 
 
 erect and build a po.l, sufHcient and suitable station-buildin" 
 
 tor passen-ers and trei-l.t, on the line of the Railway at tire 
 
 mtersection of the side-line between lots twenty and'Vwlty! 
 
 one, 11 the Township ot Essa, and establish and maintain 
 
 1 e bn .-n ''^^' t'^T '"'^'^ ''''^''■'^' ^"'' necessary buildings for 
 tne business to be done ; ^ o " 
 
 '^■'^^- inH/nl.T''';''' '^1 Act thirty .seven Victoria, chapter forty-four 
 ntituled An Act f.irther to amen.l the Act incorporatin-^ the 
 H^nn.lton and North -Western Radway Company" it wa^^ by 
 section nine enacted : ^ "^ " ^^'^'^ 'J^ 
 
 c\Jn\!iVt ^i'""''^ "^ '''"•'' "^"."^'-iP'^'ity, or of any minor muni- 
 cipality 01 of any minor municipality comprised in asectionof 
 L r^ r'"'^'!"'^''^^' ^V"«J^ 1"-^^ aided or ini^ht aid the said 
 Kailway, by <;rantin- a bonus thereto, might on the anpliea- 
 
 d "on % '' a"'""^ ' 'r'" 'r' ^'^ timerconsent to tllfcon- 
 ons of the Agreements made with such municipality, as to 
 
 ch ev ' ;; 1 ^^"'^7^ ---^tloned therein, bei^ varied to 
 Mich extent, ami in such manner as an actual survey of the line 
 
 a te r^;;;:^ n' ^^^^i^^^r - -p-j-»t, ami ., the exiLnt oi^i;::;; 
 
 aiteiations the original Agreement might be varied accordingly : 
 
 Anci 
 
 Kecitul (if 
 iiffrfcincnt 
 2;frcl Jiin. 1K77, 
 unci cciiifirin.i- 
 tioii tlicrcdf 
 
 Rfcital 
 ;<7 Vict 
 !>. 4(i. 
 
 immM 
 
ii.* 
 
 AORKKMKNT TOWNSHIP OF INNlSKIf,. 
 
 •209 
 
 1 tlie tliird 
 >u.sly voted 
 '!•' of Mil rue 
 
 th-\Vt.,tt'ni 
 <l. 
 
 I'tion 4 (l)j, 
 iigrct'inont, 
 P- ■ 05, was 
 
 ), and con- 
 t'i<,'lit Imn- 
 
 ■ Company 
 
 >f Iiinisfil, 
 wnship of 
 
 about the 
 ii'lred and 
 valid and 
 ng thirty- 
 ui Act to 
 1- Western 
 L'ir line to 
 :;tively, it 
 riy should 
 -buildin<(, 
 ly, at the 
 I twenty- 
 maintain 
 Idings for 
 
 orty-four 
 atin:,' the 
 t was by 
 
 lor muni- 
 
 iection of 
 
 the said 
 
 applica- 
 
 the con- 
 
 ty, as to 
 
 ■aried to 
 
 tlie line 
 
 ' of such 
 
 nlingly : 
 
 And 
 
 And whorens in consequenco of natur"! and enf^inoering m,,,it,ii ,,f 
 dithcnlties, it has been found necessary and expedient to vary in'i«HMity ..f 
 the route of tlie sai<l Railway, so us to make MU<di line leave the .';"7„','.',';,,^',t''nf 
 Township of Kssa, near the Village of Thornton, aJid run the .•n'fi""-':'"H' 
 siiiiie through a portion of the Township of liuiistil, and thus '''*"'"'"'"'■ 
 not intersect tlio side-line, and it lias been agreed between the 
 {'ompany and the Townsliip, on the application of the C'oni- 
 nany, that tlm Township should consent that the conditions of 
 michAgreeuit^nt as to the route, and as to sucdi station should 
 ho viiiied, and that the said Townsliip should sanction the de- 
 viation, which has been made in the construction of th»! lino 
 of llailway of the Company on their line where it intersect the 
 tenth concession line of the Township of Innistil, and on the 
 further conditions ami considerations herein expressed and con- 
 tained : 
 
 Now these presents witness that, in consideration of the ,.,„„,,.j„y 
 premises and of the sum of one dollar, they, the said Company oiv.imMU t., 
 imder and by virtue of the power an<l authority given to them '^-^^ .^^ 
 
 11 /i -1 1 i. .1 r. 1 A,.* .,.,,1 ,.P„lltl,,^ ■IV...... 
 
 on and by the said last alxtve-mentioned Act, and of ail the con. 'rHwu.^hii. 
 
 powers them enabling, do hereby, for themselves, their succes- "* """'*'• 
 
 sors and assigns, covenant, promise and agree with, and to 
 
 the said Township, their successors and assigns, that they, the 
 
 said Company, shall and will forthwith place a flag station 
 
 with a properswitch on their line of Railway at or near the phue 
 
 when the same intersects the tenth concession line of the said 
 
 Township of liuiislil, for the .shipment and delivery of wood, 
 
 hunber, shingles and all descripi^ions of rough and heavy freight, 
 
 and shall and will within ten months from date thereof, erect 
 
 build and maintain at the said point pa.ssenger and freig.. 
 
 stations in every respect suitable ai'.d necessary for the bu.si- 
 
 ness done or capable of being done at such place. 
 
 And the .said Com] .an V, their successors ami assigns, do fur- ('omiuny 
 ther covemint and agree with the said Township that so many r,;;;;;;;;;;!|^, [J;;'* 
 of the Town.ship debentures, <,n-anted byway of aid to the .said iv.kini.s.'o.ou'o 
 Company, as the sum of twelve th(Hisand dollars or thereabouts ;;\;};'i';'''.[,'.;;:'^'' 
 will buy, may be redeemed by the said Town.ship before the 
 close of the present year, on paym(;nt by them to the said Coni- 
 panv of all accrued interest thereon, and the due proportions 
 of anv current interest coupons in fidl, and of ninety-seven and 
 one half cents in the dollar of the principal of such debentures, 
 and that the first maturing debentures shall be redeemed in 
 manner aforesaid. 
 
 And the said Township doth hereby, in consideration of the r„n,,„n,>- 
 covenants and agreements herein contain('(l on the part of the oovenuutHUiat 
 sai.l Company, coven.int and agree with the said Company, and ti^eiUo r"" 
 admit that the said Company are entitleil to receive from the cdve del.eu- 
 said Town.ship, and from the trustees in whoso hands the .same '^'"'^'*- 
 are or may be, the debentures to the amount of twenty thousand 
 dollars granted by the said Township by way ol" bonus to the 
 
 said 
 
210 
 
 BY-LAW OF TOWNSHIP OF NOTTAWASAGA. 
 
 HJ 
 
 titioa ill route. 
 
 Nothing hert.' 
 to prejudice 
 agret'iiieiit 
 28tli Nov. 
 1H7(J. 
 
 said Coiiipany, and all intero.st pu.» able tliereon accordinn; to the 
 terms (;f the aj^. cement between the said parties, but sulyect to 
 the right of 'the said Township to pay or redeem such deben- 
 ture.^ to the extent aforesaid before the close of the present 
 year. 
 
 TownHhip And the said Township do hereby con.sent to, and sanction 
 
 S i^route." f.''^ J^'viation from the route of the' Railway agreed on, to the 
 Inie in which the same has been constructed. 
 
 And it is hereby further agreed antl declared by and between 
 the said parties hereto, that nothing herein contained shall 
 vitiate or prejudice or affect the said hereinljef(n-e in part re- 
 cited agreement or the further agreement between the said 
 parties dated the twenty-eighth day of November, one thou- 
 sand eight hundred and seventy-six, but that the .same shall ro- 
 niain, continue and be binding and valid in all respects other- 
 wise than a,s the same are altered or varied by these a'-'ret^- 
 ments. ° 
 
 In witness whereof tlie said Comi)any have caused their coi- 
 porate seal under the hands of the President, to be hereunto af- 
 Hxed, and the .said Township have caused their corporate seal 
 to be affixed under the hand of the Reeve. 
 
 Signed, sealed and delivered in the presence of 
 (Signed) Wm. Boys. 
 
 W. J. LiTTT.E, [L.S.] 
 Reeve. 
 
 B}i-l(m of Township of Noltawasaqa c/mntbu/ aid to Hamil- 
 ton and North Western Rai'way Co. 
 
 The Township of Noitawasaga, by By-law which passed the 
 third reading on the day of Lsjs 
 
 having been previously voted on and agreed to bv the electors' 
 on the Cth June, of same year, granted !?20,000 to "the Hamilton 
 and N(3rth ♦Vestern Railway Company, to build their branch 
 line to Collingwood, 
 
 _ This By-law contained provisions with reference to the 
 i.ssueof Debentures thereunder, wldch are now of no : uportance 
 the same having long since been di.sposed of, and the following' 
 provision : — ° 
 
 erections A\ ^'^^^ ^^'\''^'^ Company shall, before the final pas.sage 
 .-xt certain ^^ "^s ±5y-law, enter into an agreement with the said Townsh'ip 
 
 Suiga !r T^'S ^'^f ""'"'} ''""^'^'^" -'°^^ ^"^^ ^"^^•''^'"t and suitable 
 "^^-^sa. station buildings for passengers an.l freight on the line of said 
 
 LotRSorfiin i^'^'way, at the several places following, that is to .say : First 
 2n,lr,r:inlcon. "n otsfiveorsix m the second or third concessions ; second 
 Lots 8 or u ill on Iocs eight or nine in the fourth, on lot nine in the fifth, con- 
 cession I 
 
I'.v-i.Aw 01' Towxsinr oi- nottawasaga. 
 
 211 
 
 ci.'ssioii ; tliii'il, at or near the side line between luts fifteen and fth, Lotiiin 
 sixteen in tlie seventli eoneossion and as far west as possible ; sidViinVbe- 
 t'ourth on li>t twenty-four or twenty-five in the eighth conces- tween lnts_i.-> 
 sion, and not furtlier than three-quarters of a milefron\ Huron- 1"*|^. jotV/or 
 tario Street ; fifth, within lialf a mile of the Village of Nottawa, '-'.■^iu 8th con. 
 and to estal ilish at eacli of such places regular way-stations. ^^ X(!ttiuva.''^ 
 
 Tlif following agreement was executed in puivsuance of this 
 provision by the C'omi)any and the Township : — 
 
 Articles of agreement made this Twenty-fifth day of May, i'.tli May, 
 in the year of our Lord one thousand eight hundrrd and ^'^''^■ 
 seventy-eight, 
 
 Between 
 
 The Hamilton and Xorth-Western Railway Company, here- 
 inafter called the Company of the First Part, 
 And 
 
 The Municipal ( 'orporation of tlu' Township of Nottawasaga, 
 lieicinafter called the Township of the Second Part. 
 
 Whereas the Municipal Council of the said Townshii) re- p^gj^.ijj^ifi,.^j 
 oently introduced, and read a first and second time, a By-law Council about 
 granting aid, by way of lionus, to the .said Company, to the t'>^- 1!^^^!"]""^^/,^^';!" 
 tent of twenty thousand dollais, to assist the said Company in ,aid.° 
 the construction of a portion of the Collingwood .section of tlieir 
 Railway, ami the .said By-law is to be submitted to the electors 
 to be voted on according to law, and it is a condition of such 
 P)y-law that the said Company should, before the final passage 
 thereof, enter into an agreement with the .said Township, in the 
 the terms and to the effect lierein contained and agreed to. 
 
 Now these ju'esents witness, that in consideration of the 
 premises, and of the sum of one dollar, of lawful money of 
 Canada to the said Company paid l>y the .said Township, the 
 receipt whereof is hereby acknowledged, they the .sai<l Com- 
 pany do hereby for themselves, their successors and a.ssigns, 
 covenant, promise ami agiee, to and with the said Township, 
 their success(jrs and assigns, that in the event of the said By- 
 law being ratifietl by the electors entitled to vote thereon, and 
 iK'inu' Hnallv passed and takinii- efi'ect, and the said bonus beinii' 
 granted to said Company in the construction of tliat portion 
 i>f the ('ollingwood si'ction of the Company's line, extending 
 from the point to which the .-^ame has been constructed at or 
 near the Village of Glencairn, to the Town of Collingwood, they 
 shall and will erect, build, and complete, good and sufiicient ,. .,, 
 
 1 .11 , ■ 1 -1 !• !• 1 • • 1 , Cniiipany will 
 
 juid suitalile station i>uildHigs tor passengers and freight on erect .itatious 
 the line of the .said Raihvav, at the .>;everal places following in '»•* .«-'eitiun 
 
 1 • 1 , 1 • 1 i • i T-i- r .> • • I'oiuts in 
 
 tiie said townslup, that is to say : I'irst, on Lots hve or six m Xuttiuva-siwi. 
 the .second or third concessions; Second, on lots eight or nine ),ots .i or r. in 
 in the fourth, or lot nine in the fifth concession : Thinl, at or 2"'|<'i;''Wcom. 
 near the side line between lots fifteen and sixteen in the 4tii oi- !i in .'itli 
 seventh concession, and as far west as pcssiltle ; Fourth, on lot ^i'le lino l)e•_ 
 twenty-f''ur or twenty-five in the eighth concession, and not "ui'ni; ilinii 
 finther than three-([uarters of a mile from Hurontario Street ; ton., lot -.M or 
 Fifth, within half a mile of the Village of Nottawa, and either 7u'ar Huron-'* 
 
 on 
 
 O ^ 
 
t J 5 
 
 212 
 
 BY-LAW OF TOWNSHIP OF NOTTAWASAGA. 
 
 tario St., with Oil the wcst 01' east side of Hurontiirio Street, and shall and will 
 Hurwtario. establish at each of such places regular way stations. 
 Route defined ^^ '^^ l.ereby agreed by and between the said Company and 
 >n agj-ewnent the said Townshij), that the route of the line of the said Rail- 
 1873, miy be ^'''^Y througli the said Township, as mentioned and defined in 
 varied from, and by a certain agreement made between the said Company 
 and the said Township, bearing date the nineteenth day of 
 May, one thousand eight hundred and seventy-three, may h: 
 deviated from to such an extent, as to admit of the stations on 
 such portions of tlie line of said Railway being placed and lo- 
 cated at the point.- hereinbefore mentioned, and it is admitted 
 and agreed that such deviation has been found necessary and 
 expedient from natural and engineering difficulties ; and it is 
 further agreed that it shall not be incumbent on the said Com- 
 pany to erect stations at the places mentioned in such formed 
 agreement; but that the places hei-ein defined for stations shall 
 be taken to be in substitution for the places mentioned in such 
 formal agree lont. 
 
 In witness whereof, the said Company have hereto affixed 
 their corporate seal under the hand of their vice-i»resident, and 
 the said Township have hereto affixed their corporate seal 
 under the hands of their reeve, the day and year first above 
 Avritten. 
 
 E. GURXEY, [L. S.] 
 
 Ad'uKj Fret<idenf. 
 Signed, sealed, and delivered in presence of 
 CiiAs. Momns. 
 AxGirs Bkll. 
 
 L. McALJSTEi?, M .D. [L.S.] 
 And to the si 'nature of Reeve. 
 
 L. McAlister, M. D., Reeve. 
 
all and will 
 s. 
 
 npany and 
 ) said Rail- 
 l defined in 
 :l Company 
 ith day ol' 
 •ee, may be 
 stations on 
 led and lo- 
 is admitted 
 lessary and 
 ; and it is 
 said Coni- 
 ich formed 
 itions shall 
 led in such 
 
 cto affixed 
 sident, and 
 porato seal 
 first above 
 
 [L. S.] 
 < I dent. 
 
 ■I* 
 
 OEDERS IN COUNCIL 
 
 [L.S.] 
 
 GRANTING AID. 
 
ii 
 
OllDKRS IN COUNCIL AIDING COMPANY. 
 
 L'lo 
 
 i 
 
 ORDEES IN COUNCIL 
 GRANTING AID TO THE COMPANY. 
 
 
 Or<le,' in Council, dated 2Hth Febnoiri/, l.S7-', yvanfauj aid in 
 HaiiiiHon and Lc' " Erie Radwan Comi>an>j, approved of 
 by Leijishdive A ' 'v. !<c:^.Aon <>f 1S73. 
 
 Till' Coimiiittee "t' ( '< ' A\ liavc had iimk'V couskleration tlio 
 application of the .' ' • von ami Lako Erie Railway Company 
 for ai<l, under the " Act in Aid of Railways,' and they advise 
 that, subject to the ratification of this Order in Council hy 
 Resolution of the Le<,dslative Assembly, payment l>e autho- 
 rized to be made out of the I^ailway Funtl to the said Com- 
 pany, on the fulfilment of the conditions of the said Act, of a 
 <um equal to two thousand dollars per mile of that portion of 
 the .said railway between Hamilton and Jarcix. 
 
 Thi- Committee further advise that, seeing- no contract has 
 been produced for the construction of the said railway, the j^rant 
 of aid under this Order in Council be subject to the condition 
 that proof l»e furnished to the satisfaction of the Lieutenant- 
 Governo)' -v. Council, before the first day of December next, of 
 a bona fide and sufiicient contract for the completion of the 
 works (exclusive of track laying) on that portion of the rail- 
 wav between Hamilton ixndJarvis. 
 
 the Committee further advise thai payment be authorized 
 in respect of that portion of the said railway between Ha.md- 
 ton and C<ded,inia on the fulfilment of the conditions ()f the 
 said Act as to such portion, and on proof to the satisfaction of 
 the Lieutenant-Governor in Council of the existence of a bona 
 fide and sutficient contract for the completion of the works on 
 "the remainder of the line between Hamilton and /arr/.s. 
 
 Dated 2Sth February, 1872. 
 
 On the :iOth November, 1872. the contract referred to in the 
 above Order in Council was appi-oved. 
 
 Grant to be 
 made to H. & 
 L. E. of S2,()0(l 
 ix'r mile for 
 line between 
 Hamilton and 
 Jarvic, 
 
 Proof to lie 
 furnished of 
 eontr.ict. 
 
 rayr.ient to be 
 authorized on 
 line between 
 Hamilton and 
 Caledonia on 
 certain condi- 
 tions. 
 
 Order in Council (j ranting aid to the Hamilton and Xorth- 
 Westem Radical/; approved b;/ the Lieutenant-Governor, 
 on the liUk March, 1874, and ratijied by the Lejislative A^- 
 scmbli/,21.^t March, lS7i. 
 
 The Committee of Council have had under consideration the 
 application of the Hamilton and North-Western Railway Com- 
 pany, t];at it may receive aid from the Railway Funds for their 
 
 line of Railwav. ^, 
 
 The 
 
1 
 
 %i 
 
 216 ORDERS IK fOrXCII, AlDlN(i COMPANY. 
 
 The Coniniittee advise, that subject to tlie ratification of tlii» 
 Older in Council by resolution of the Legislative AsseniUy 
 (in default of Avliich ratification this Order in Council is inoper- 
 ative), payment be authorized to be made out of the Railway 
 t*))H ddy Fund to the Company of the sum of two hundred and 
 ■('v'y-three dollars per mile, for that portion of the line of the 
 Company's Raihvay between Hamilton and Barrie,and between 
 Clarksville, in the Township of Tecnniseth. and Collingwood 
 Harbour, such sum to be payable 1)V even half-yearly payments 
 of one liundred and twenty -one dollars ami fifty cents each, on 
 the .SOth day of June, and the 31st day of ])ecember, in each 
 and every year, durino- the period of twenty years, to be com- 
 puted from the first day of January, 1872, and to the full eml 
 thereof; and the Comnuttee further advise, that in respect of 
 forty-fom- miles of the said railway, where the cost of construc- 
 tion will be exceptionally increased, that the said grant be 
 increased by the yearly sum of forty-eight dollars and sixty 
 cents, ]>ayable as aforesaid, and for the full period of twenty 
 years as aforesaid, and that such gi-ant of aid be under and sub- 
 ject to the requirements of the Raihvay Act, and also to the 
 following further conditions, that is to say : First, on condition 
 that tlie (^ompany do, on or before f he first thn/ of Drcemhrr 
 vexf, furnish jn-oof to the satisfaction of His Ilonoi "n Council 
 of a bona fide and sufficient contract for the completion of the 
 works of the railway (exclusive of track-laying), for the said 
 portions of their line of railway. Second, on condition that 
 His Honor in Council may dii ect that payment be made to the 
 said Company out of the Railway Fund (should the same becoiiu 
 applicable thereto) at the rate of two thousand five hundred 
 dollars per mile of the said ))ortionsof railway with the in- 
 creased grant in respect of the said forty -four miles at the rate 
 of five hundred dollars per mile instead of the said annual mile- 
 age rates at the option of the Lieutenant-Governor in Council. 
 Third, on condition that the said Company agrees to enter into 
 an arrangement at any time hereafter with any other Railway 
 Company for the haulage of the passengers and freight cars 
 for the thro'.igh business of such last mentioned Company upon 
 terms to bj fixed by arbitrators to be appointed by the Lieu- 
 tenant-Governor in Council in case the said Companies fail to 
 agree thereupon. 
 
 Payment to And the Committee further advise, that the payment hereby 
 '•■Vi"20^^T« authorized be made in respect of each twenty miles of the said 
 mies, j.j^jj^3^y ^vhen fully completed and ready for the conveyance of 
 traffic. 
 
 'f2\'.> \n-v can- 
 nmii i>i'rniile 
 for line lie- 
 twcL'ii Haniil- 
 tiiii and Riirric 
 1111(1 ('laiks- 
 villu and ( 'ol- 
 liiij^wodd. 
 ■_'0 years from 
 Ist'.Ian, 187L'. 
 
 TncrciKed in 
 I'esiiect of 44 
 miles l)y .*!4S 
 tlOc.onaeciiiint 
 of increased 
 cost. 
 
 1. <'on<litions, 
 I'roof of (;on- 
 tiact for work. 
 
 '_'. Lieut-Gov- 
 ernor may di- 
 rect payment 
 of .S2,5()0 j.er 
 mile .and in- 
 crease of SoOO 
 for 44 miles in 
 lieu of annual 
 payments. 
 
 ;>. Comp.any 
 must agree 
 with other 
 ( Jompariies as 
 to the haulage 
 of through 
 business. 
 
 Sec 4] Vict,, cap. 10, page 150, i;ranting aid to the Company. 
 
 I 
 
 i 
 

 A 
 
 III 
 
 ? 
 
 MINUTE OF THE RAILWAY COMMITTEE 
 
 OF THE 
 
 PRIVY COUNCIL OF CANADA, 
 
 AS TO 
 
 RAILWAY CANAL SWING BRIDGE AT BURLINGTON. 
 
BURLINUTON UV. mUD(iE, MIN. HY. COM. I'. C. 
 
 210 
 
 MINUTES OF RAILWAY COMMITTEE 
 
 AS TO 
 
 SWING 13UU3GE AT BTJKLINGTON 
 
 . 
 
 Copy of minute tninsmitted by secretary of Railway Coimnittee 
 of Privy Council, 8th June, 187C, in reference to the Rail- 
 way Canal Swing Bridge at Burlington. 
 
 June 5th, 187G. 
 Adjourned meeting of the Railway Committee of the Trivy 
 Council held in the otiice of the Minister of Public Works. 
 
 Present. 
 
 The Hon. A. Mackenzie, 
 
 Minister of PiLhllc Works. 
 
 The Hon. A. J. Smith, 
 
 Minister of Marine and Fishenet<. 
 
 The Hon. R. W. Scott, 
 
 Secretary of State. 
 
 The evidence contained in the minutes of the meeting of the 
 •2nd instant, and the report of Mr. Bell, engineer of the De- 
 j, ailment of Public Works, upon the several reports ot Me.ssrs. 
 Mulesworth, Leather and Biggar, Civil Engineers, (which are 
 appended to these minutes) as to the mode and cost ot the en- 
 trance of the Hamilton and North Western Railroad into the 
 City of Hamilton, were fully considered, together with tlie 
 statement of Mr. John Page, chief engineer of the Department 
 
 of Public Works. 
 
 The documents and the evidence generallv lead to the con- 
 clusion that permission should be given to the Haiuilton and 
 North Western Railwav Company, to cross the Burhn-ton Bay 
 Canal at or near the point indicated in their proposal, subject 
 however to a certain modification in the plans which have 
 been submitted, and to the other conditions which are hereto 
 
 annexed. , , i i. i 
 
 1st The swing bridge must be arranged and constructed so 
 as not in any way to interfere with the road approaches to the 
 ferry across the Channel. ,.,,,., . *. 
 
 2nd. The centre pier or pier on which the bridge rests must 
 be placed so as to be entirely dear of the north side of the 
 north protection pier of the Canal or Channel through the 
 
 ^3ni That in case the level of the railway track is higher 
 
 than 
 
 IVnnissioii 
 to be givpii 
 to crosH ]iui'- 
 linuton Canal 
 toH. &N.W. 
 K'y. 
 
 Swiii;,' briJtitt 
 not to inter- 
 fere with roail 
 approaches to 
 canal. 
 
 I 'entre pier to 
 be clear of pro- 
 tection pier of 
 canal. 
 
 If level of H'y 
 track higher 
 
: ,1 
 
 1 
 
 M 
 
 1 
 ! 
 
 tl 
 
 t 
 
 11 
 
 
 M 
 
 lllll 
 
 Uli. 
 
 220 
 
 timn niili' |iru- 
 ti'ctinii |iicr, 
 iiulitic til lie 
 
 IMUlIc up tl) it. 
 
 SwiiiLT liriilK't' 
 must Miiive in 
 l.t mill, after 
 "•nd iiilJMst- 
 
 IMfllts Hljlfkl'Il- 
 
 I'll, aiiil aitii- 
 Ki'tlii'r iijit'iieil 
 ill •iiuiiiM.froiii 
 start. 
 
 'I"i> lie (> I ( X- 
 
 cept wlii'n 
 train cnisHinf,'. 
 Xiittobt'cjweil 
 ulien ve.s,<el 
 within mile of 
 canal. 
 
 No Hxcil hVht 
 on liri(lj,'c ex- 
 cept range 
 li,i,'litM. 
 
 nuRMXOTdN II V. iminriK, .mjnj. kv. com. p 
 
 Wlien (i|)en, 
 switch imints 
 to cloHe main 
 line. 
 
 Workingplans 
 to he furnished 
 
 tobept. r.w. 
 
 Kailway 
 < 'onmiittee 
 approve of 
 plans. 
 
 (-1). liable to 
 all damages 
 for obstruction 
 of canal to ves- 
 seU. 
 
 To be subject 
 to all condi- 
 tions for.Hafety 
 of swing 
 l)ridges made 
 or to be made. 
 
 tlian tlio top of tlio si.lo protection pii-r of the Cliiiiincl ;m in- 
 clino lip to it on both sidiss of jibout one vciticiil to si.x lioiizoii- 
 iii\ feet is to be made at the too of tlie bri(lj,'C' for the full widtli 
 of the j)i('r. 
 
 4th. That the arrano;cnicnts for niovin<>' tlie swing bridiro 
 must be sudi that it can be opened in (me minute and a Iialf 
 alter the adjustments at tlie end are slackened and tliat the 
 wliole oi)eration from the connneneeiuent until the bridire is 
 fully open shall not occupy over three miinites. " 
 
 ath. That the s\vin<,' brid£r,. shall at all times be kept open 
 tor iiavigaticm except when a train is crossinjjf. 
 
 Gth. That the bridge .shall not at any time be closed when 
 an approaching ve.s.sel is within one mile of the entrance to thr 
 Canal. 
 
 7th. That there .shall bo no fi.ved light whatever on the 
 )ridge,or within one mile on either side of it excejit the ranf^o 
 lights for the guidance of vessels entering the Canal. ° 
 
 8th. That instead of semaphore signals, an arrangement of 
 switch points at a suitabl(> distance on both sides of The bridf--,^ 
 should be made ,so that the main line will close as the brid" > 
 IS opened for navigation. 
 
 9th. That the company nuist submit to the MinistiM- of Pub- 
 lic Works further full and complete woi-king plans of all woi-ks 
 connected with the crossing of the Canal in accordance with 
 the changes indicated in the for'^going conditions before the 
 o]ierations are commenced. 
 
 Subject to the above modifications the members of the Rail- 
 Avay Committee of the Privy Council, in pursuance of the 
 authority vested in them by, statute do approve of the plan^ 
 sulimitted by the said Railway Company and of their mode of 
 crossing the Burlington Bay Canal. 
 
 The company .shall however be held strictly and le<^allv re- 
 sponsible for any damages that may arise or be caused to 
 vessels from any obstiuction of the Canal by the brid-^e or anv 
 of the works connected with it, whethei' tins mav result from 
 inattention orneglecton thepartof the company or theirservants 
 the w ^ of jn-oper maintenance of the works, accidents or any 
 othe. . whatsoever and be subject to all other conditions 
 that hav been made for the public safety in connection with 
 swing bridges over navigable channels, or that in future mav 
 be considered by the Minister of Pulilic Works, or the Govern- 
 nrient, necessary for the protection of the public or the naviga- 
 tion. It Avas also resolved— that a copy of this minute should 
 b3 transmitted to the Hamilton and North Western Railway 
 Company with a request to them to furnish a plan of th'e 
 ground with plans of the bridge corrected as indicated and to 
 intorm them that the necessary order will issue so soon a.s sucli 
 plan ot site and corrected plans of structure are submitted to 
 the Railway Committee and are finally approved of. 
 
 c, T 1- . , Ottawa, Sept. 20th, 1876. 
 
 feiK,— 1 beg to inform you that the plans of the proposed 
 
 a swing 
 
nnol .Mil in- 
 
 ix lioiizon- 
 
 lull widtli 
 
 inf; liridiff 
 and a liulf 
 1 that the 
 ! l»ri(lgu is 
 
 kept oiion 
 
 osed wlicii 
 nee to the 
 
 cr on tlio 
 the ranijc 
 
 sifement ot" 
 tlie Iji'idiro 
 he hridj^'o 
 
 M- of Puh- 
 all work-i 
 anc(! witli 
 •eforo the 
 
 the Rail- 
 ce of thi- 
 the plans 
 ■ nioflo of 
 
 3gallv re- 
 jaused to 
 ,'0 or any 
 suit from 
 servants, 
 ts 01' any 
 onditions 
 ion with 
 ture may 
 Govern- 
 ! naviga- 
 e should 
 Railway 
 1 of the 
 d and to 
 I as such 
 litted to 
 
 187G. 
 )ropose(I 
 swing 
 
 ■■ 
 
 HWing 
 across 
 the 
 
 nn 
 
 tions coll 
 
 I'.l-HMMiTON nV. HRIl.... MIN'. HV. COM. P. C 
 
 liridge of tlie Hamilton and North Western Railway 
 the I'uirlington i5av Canal, sul.mitted here for approval 
 :inl of Julv.are hereby approve.l, subject to the condi- 
 tainetl in the report of the Railway ( 'onunittee of tin 
 
 ma mm ^ 
 
 Piivv Council, a n.j.y of which has already "heen furnished you 
 I suliieet further to the following additional conditioTis, vi/. 
 
 iUK 
 
 That the ferry slip on tin; north-west side of tl > ( anal and loail 
 .,i)i'.ioaeh thereto be altered in the manner shown on the plans 
 •icroiupanving vour petition of the 10th ultimo, that the slips 
 01, 1.0th si.les are made at right angles with the line of the 
 channel with a depth of water in them at least equal to that 
 ill the present slips, that all works connected with the sides 
 hottom, and other parts of the new slips he executed, the road 
 api.roaches formed and proteet<-d, in tine that the whole be 
 completed to the entire satisfaction of the Department ot 1 ubhe 
 Works, before the Railway interferes in any way whatever 
 with the existing road slips or any of the canal works, also 
 that the above works of alteration be executed at the expense 
 
 of the Railway. 
 
 I have the honour to be, sir, 
 
 Vour obedient servant, 
 
 .1. Hrown-, 
 Maiti.and Youno. Esq., Serrelurn. 
 
 Secretary H. i: N. W. R. Co. 
 
 I'eriy ^lip •>» 
 iiortli-wt'stHiili' 
 of ciiiial t(» 111' 
 iilti'it'd ami 
 iniulf ivt ritjlit 
 uncles to xiik' 
 I if channel 
 with (Ifpth >f 
 water e(iual t" 
 exUting HlijiH. 
 
 \\'orkH eiiu- 
 iiecteil with 
 sidex, liottoni, 
 etc. , of new 
 hUjih to lie 
 exeeiiteil. 
 
 lliiad ap- 
 proachei! to l>e 
 t'orinetl, i>io- 
 tecteil, ete. 
 
 I 
 
!' 
 
AGREEMENTS OE THE COMPANY 
 
 WITH oTliEK 
 
 RAILWAY COMPANIES. 
 
 'ft: ■-¥' 
 
1 
 
 
 i) 
 
 
 m 
 
AGUEEMKNT BETWEEN H. & N. W. UY. CO. & H. & L. E. UY. CO. 
 
 225 
 
 AGREEMSNTS OF THE COMPANY 
 
 WITH OTHER 
 
 RAILWAY COMPANIES 
 
 
 Memorandum of Ai/ivwment hetomen The Hamilton and 
 Xo Ah- Western and Hamilton and Lake Erie Railway 
 Coynpanies for their Amahjamation. 
 
 Mcinoi-andum of Agreement made the eleventh day of August A^«««^enU^^- 
 in the year of our Lord one thousand eight hundred and ^y.^„d-H. & 
 ,sfventy-five, between the Hamilton and Lake Erie Railway L E August 
 Company, hereinafter called " The Lake Erie Company," of "^ ^^'■'^ 
 the tirst part ; and the Hamilton an<l North Western Rail- 
 way Company, hereinafter called " The North Western," of 
 the second part. 
 
 WheREA,^, the said two Companies i)ropose uniting together 
 as one Company, and the directors of the one Company 
 have agreed with the directors of the other Company upon 
 the terms of union and other matters relating thereto, and it is 
 desirable to embody the same in this agreement pursuant to 
 the provisions of an Act of the Legislature of the Province of 
 Ontario, passed in the thirty-eighth year of the reign of her 
 present Mnjesty, chapter forty-eight, but subject to ratification 
 Ijy the shareholders of the respective Companies as therein 
 
 Now this Indenture witnesseth, and the parties of the first 
 part and second parts respectively do mutually covenant and 
 a<nee to and with each other in manner following : 
 
 1. The two Railway Companies aforesaid do hereby agree to 
 unite together as one Company, to be styled the Hamilton and 
 North VVestern Railway Company, such united Company being 
 hereinafter called and referred to as "The United Company. 
 
 2 The sevoal shareholders of " The Lake Erie " and of the 
 "North West(vn" shall be entitled, in lieu of the shares held 
 by them respectively in these Companies or either of them, to 
 receive .shares in the" United Company" to the like amount 
 and the shares to which each shareholder shall be so entitled 
 in the " United Company " shall be fully paid up shares, or 
 shares partly paid \\\\ accoi-<ling as the shares held by such 
 shareholder in the " Lake Erie " or the " North Western weic 
 fully or i)artly paid up, and if partly paid up, then to the same 
 •^ ^ extent 
 
 H. & X. w. 
 
 Ry. , anil 
 H & L. E. 
 Ainal|,'aniate(l 
 as H. A N. W. 
 Ky. Co. 
 
 Shareholders 
 of each Co. to 
 be eiititU:'! to 
 receive shares 
 iu United Co. 
 
III 
 
 ^illfrfi 
 
 -20 AOUEEMKNT P.ETWKEX II. & N. W. RY. Co. .t II. .t L. K. RY. CO, 
 
 exu-nt as liis sharos in tlir on^inal C'oinpanv wore paid up 
 The shares in the " United Coinpanv ' shall lie of tiftv d.-llaf^ 
 oacli as in the ease of the " Lake Erie." 
 
 SlSrt^rone , ^- ^^K 'f^'^^lx-McT shall be ..ntitled to one vote for each 
 v.,t.f<>rf.ach «l>iive lield by liini in the capital stock of the "rnitedCoiu- 
 
 slmre in Tnit- i)any," 
 'mI < onumny. • 
 
 !eX;ltoI'm. ^•. The hoard of directors of the '■ United Con.pany " .hall 
 -istof nine Consist ot nnie nienil)eis, tooether with anv cr-offu-'to directors 
 
 ;':';Sinw. ';"*f''' ^^^F«^''^'"''^ "f t'-^' Railway Aet^.nd .if the special 
 I,,,,;. Acts relating to the two Companies respectivelv, ami too'etluT 
 
 also with the Mayor of the ("ity of Hamilton. At all 
 t.'u,,nini. meetinn-s five directors shall form a (luoniiii for thr transacti-m 
 
 of hnsiness. 
 
 SoM-nlt..,! , ^nT'^T^''"^ ^'"'"'^ ^^ -lirectors of the "United Uoiupanv ' 
 ('(iiniiany. sliallhe John Stuart, John Field, Matthew Leyo'at, Philo \V 
 Dayfoot, William Hendrie, James Turner, E(hvar(i Gnrnev 
 James M.W illiams, and William J. Copp, all of the ( "itv of Haiii- 
 T.nnofi.Hic,.. 'Iton, wlio shall hold office until the first Tuesday of May next, 
 heinn- the day appointed for the annual election of directors 
 under the Acts relatiiiy to " The North WcNtern '" and tli 
 laws of that Company. 
 
 lie hv 
 
 Ciovi.si. 
 
 tu liollil 
 
 it I,. K. 
 
 Ci.. 
 
 s..f H. 
 Kv. 
 
 (.. And^liereiis.the '• Lakf Erie '' linve uiuler the provisions of their 
 Special Act.s, is.sued lionds of ihiit Company to tlio amount of one hundred 
 and Steven ty tlion.sand poun.ls sterling, of which bonds nw hundred 
 and hfty-eight thousand pounds .sterlini,' are held by the Haidv of Montreal! 
 as .security for a debt ..f f.mr hundred and fifty-live thousand dollars ,',.• 
 thereabout.s duo by that (\)mpany to the bank, and the " Lake Erie ' uv 
 also indebted to various other persons in the sum of one hundred thousan-l 
 
 dollars or thereabouts, and it is desirable t<j make provision in this agree- 
 ment for the payment of such indebtedness to the Hank of Montreaf and 
 to such <.ther persons ; it is therefore agreed that the lirst monies derived 
 or received by the '■ Tnited r,,mpany- from the payment of shares.' 
 other tliaii the shares proposed to be sub.scribed for by the City of 
 Hamilton, or from any other source other than municipal bemuses or 
 
 to such othei 
 or received 
 other than the 
 II 
 
 government aid shall li," applied i-i e(iual moieties, one moiety to the re- 
 duction or the indebtedness to the Bank of Montreal, until the same is 
 reduced to the sum of four hundred tliousand dollars, and the other 
 moiety to the payment of the indebtedness of the " Lake Erie " to such 
 other persons. [Repealed by :i'.» Vie., c. 7-', s. (i.J Page m. 
 
 7. The bonds of the '• Lake Erie " now held by the Bank of Montreal 
 or the Bonds ot the " I iiited Company " which may be issued for the re- 
 demption thereof, shall be sold or disposed of as soon as possible and .shall 
 at a 1 events be of the lirst lot of bonds sold, and the proceeds of such sale 
 shall after payment of the expenses connected therewith lie in the lirst 
 place applied towards the payment of the balance of the debt due to the 
 Bank of M.mtreal, and then in and towards payment of the balance of 
 
 siicli indebtedness to such other person. [Repealed by ^i) Vic c " a ti I 
 Page 55. ,.,.,.-,-. ., 
 
 torvprS^^^^ /!; T" acco'',lance with the provisions of the twelfth .section 
 toiegulatuthe ^" ^"e .said Act authorizing the union of the two Companies it 
 
 is. 
 
 'I'll be applied 
 first to pay- 
 ment of liiink 
 -f Montreal. 
 
AGREEMKNT liKTWEEN H. A N. W. RY. CO. & H. >i L. E. UV. CO. 
 
 •227 
 
 
 is lioivby agreed that in the cases of the inconsistent provi- twi. (..m- 
 sions in the cliarters of the two Companies herein mentioned, ^|:J^',^'^^|)^ "'" 
 or in respect of the mutters herein referred to, the following 
 sliall continue to and be possessed by the " Uniteil Company," 
 uaniely : 
 
 II. & N. W. 
 
 ActM. 
 
 CiiilstmSliare 
 hiildfis. 
 Gl'ii. Xv.n. 
 
 Spei'iul (ieii. 
 liioi'tin','s. 
 Aid fmm iim- 
 niuiiiiUitiL's. 
 
 The provisions con<^iined in the Acts cjf the " North Westei'n." 
 
 (a) As to making ds on shareholders, p. 83. 
 
 (b) As to general annual meetings and the mode of calling 
 the same, p. .'53 
 
 (c") As to special general meetings, p. 33. 
 
 ((/) As to aid fi'om municipalities, the by-laws in respect 
 thereof, the issue and delivery of the debentures, and generally 
 all other enactments relating thereto, pp. 34, 3.3, and statutes 
 referred to therein. 
 
 {(') As to ('ompany becoming parties to promissory notes 
 and bills of exchange, p. 3.S. 
 
 f /') As to (pialitication of directors ; a shareholdei- to be en- 
 titled to be elected a director shall be the holder and owner of 
 shares in the " United Company" to the amount of one thou- 
 sand dollars upon which all calls shall have been paid up. 
 
 And the provisions contained in the Acts of "The Lake 
 Erie," 
 
 iud.) In section twenty-six, p. 11, of the Act thirty-third 
 Victoria, chapter thirty -six, as amentled by section three of 
 the Act thirty-seventh Victoria, chapter forty-five, p. 24. 
 
 (bb) Tn section lifteen of the xVct thirty-fourth Victoria, 
 chapter forty-one, p. 10. 
 
 (ir) In section four of the Act thirty-third Victoria, chapter 
 thirty-six, p. 5. 
 
 9. The following by-laws shall apply to the "United Com- B,v hwsayi.ii- 
 
 ,, 1 i <■ .^ Cillllo to I lllt- 
 
 pany, namely : ed Cnnipany. 
 
 No. 1. The general annual meeting of the shareholders of t^^en._ Annual 
 the Company shall be held at the offices of the Company, in ""''•''"=• 
 the City of Hamilton, on the first Tuesday of May in each year, 
 at the hour of twelve o'clock, noon. 
 
 No. 2. Special general meetings of shareholders of the Com- JJj^Xi.'''''"" 
 pany shall be called at any time when the Board of Directors 
 may so re(iuire, or when the president may deem it advisable 
 or necessary, or when five or more shareholders who are holders 
 of stock to the amount of five thousand dollars or upwards so 
 require, by sei'ving a notice in writing making such recpiest 
 ujion the president or secretary and specifying the object of 
 calling such meeting. All such special meetings shallbe called 
 and held at the Company's office in the City of Hamilton. 
 
 10. This agreement shall come into effect from and after When A^pt- 
 the day on which the approval of this agreement by the Lieu- ,";;'" ttf;!.ct."""' 
 tenant-Governor in Council shall be published in the Official 
 
 Gazette. 
 
 Company W- 
 coniin;,' iiartio.'- 
 to Hills, ftc. 
 (^naliticiition 
 of Direutor. 
 
 H. it L. K. 
 
 Acts, SCO. 20, 
 3;{ \\c. c. .S(i 
 s. 'id, ].. 11, 
 amended by 
 sec. •'! .'17 Vic. 
 c. 45, i>. 24. 
 
 34 Vic. c. 41, 
 
 8tC. 1.-), |). 11). 
 
 .S:i Vic. c. :;(i, 
 Bee. 4, p. 5. 
 
 ■t ' 
 
 k^ -111 
 
!lll^ l\ 
 
 228 
 
 AORKEMKNT nKTU'EKX fi. V/. HV. & H. & N. W. RY. ('(». 
 
 Siii'cial meet- 
 iiit( to 1)6 call- 
 
 11. Tlio two Cuiupanies, partii's hereto, sliall call sj 
 
 li'i'Uu 
 
 1^; til lie vail- ^ ,• i',!- ,• i iii <• ,'. 
 
 lt<i ratify, general moetmys ot theiv ii'spt'Ctive shaiehol(k'r.s for the ratiti- 
 catiun of this aiirceiiK'Ht forthwith. 
 
 In witiifss wliert'of the parties liereiinto liave eausoil tluir 
 corporate seals to l>e liereto atiixed under the hands of tl cir 
 v'spective presidents. 
 
 V ■ 
 
 i HJI': 
 
 Kith Nov., 
 
 isro. 
 
 T'ic'twt'ciiC.W. 
 i!v iinil U. & 
 A. W. IV y. 
 
 H.-fit, that 
 J I. it N. W. 
 
 will criiss Tiir- 
 mitohraiifli G. 
 W. i;. east of 
 \\'fl!iiii,'toii 
 S(|iiaiv. 
 
 Ilecit.al- R'v 
 Com. !•.(•. ami 
 roiii. I'. W. 
 .'qiiiroved of 
 crossiiiLr. 
 
 Recitil - 
 
 Oznwski, 
 Kiikpatrick 
 anil ]{eyii()lils 
 aj)])((inteil ar- 
 hltratnrstode 
 tciniiiic con;- 
 Iifiisatioii, 
 
 Ailiitrators 
 si'ttleil same. 
 
 a. w. R. 
 
 ;,'i tits Huht to 
 1 1 . & N. W. 
 to cio.ss line. 
 
 Acjvcemcnt Jiefvem Grcnf W'rsferv ami H<tm'iH,>n <(■ North- 
 Westani Railvjai/s, as fo Cmsslvi/ nnir ]ViUt ixjton Knnare. 
 
 This Indknturk made tliis sixteentli (hiy of Novendier, in 
 the year of our I.oiil one thousand eioht liundred and seventy- 
 six, between tlie CJreat Western Railway Company, hereinafter 
 called " The Creat Western," of the tirstV-'trt, and tlie Hamilton 
 and North \\ estern Railway Company, hereinafter called The 
 Haniilton and North Western, of the second part. 
 
 Whereas it^is intended that the Railway of tlie Hamilton 
 and North Western runnino. northerly from Hamilton ;hall 
 cross tlie Toronto Branch of the Railwfiy of the Great Westein 
 to the East of the Wellington S(iuare .Station of the said To- 
 ronto Branch : 
 
 And Whereas the Railway Committee of the Privy Council 
 of Canada and the Commissioner of Public Works of Ontario 
 have respectively approved of the cojistruction of The Hamil- 
 ton and North Westein Railway across the said Toronto Branch 
 on the level of the said Tonmto Branch and at tlie said intended 
 point : 
 
 An(_l Whereas the Hon.Joliu Godfrey Sprayue, Chancellor of 
 Ontario, did by virtue of the provisions of chajiter sixty->i\ 
 of the (Amsolidated Statutes of Canada nominate and appoint 
 Casimir Stanislaus ( Szowski, of the City of Toronto, Es(|uire 
 (ieorge Airey Kiikpatriek, of the City of Kinoston, Esimire and 
 Thomas Reynolds, of the City of Ottawa, Esipiire, as arldtrators, 
 to determine the eompensation to be paid for the said crossin--, 
 with the lu^cessary conveniences therefor, and the manner of 
 such cios.sin<4', and tlie necessary conveniences theivfor, ami th<' 
 said Arbitrators have, as a part of the said refereiiee, and of 
 tlieir determination settled and determined upon the arrange- 
 ment for the working' of said crossings and the necessary con- 
 veniences therefor, in manner and form liereinafter set' forth, 
 and it has been agreed that as a matter of convenience these' 
 presents shall be executed by the parties: 
 
 Now tliis Indenture witnesseth That the Great Western in 
 consideration of the premises and of the covenants hereinafter 
 contained on the part of the Hamilton and Noi-tli Western 
 their successors and assigns, to be done, observed and performec'' 
 and of tlie payment to be by them hereafter made as herein- 
 after provided for, and also in consideration of the sum of on.^ 
 
 Llioiisaiid 
 
Y. (-'<». 
 
 a(;rki;mknt iiktwekk g. w. iiy. k u. k n. w. rv. co. 
 
 •229 
 
 call spoclH'. 
 )r the ratiti- 
 
 ausod tliriv 
 ids of tl;t'it.' 
 
 I <(■ Xorth- 
 1)1 >SV/('(oy'. 
 
 )veinlM'r, in 
 111 sevciity- 
 hereinat'ter 
 L> Hamilton 
 callod The 
 
 Hani il ton 
 lilton .hall 
 \t Western 
 le said To- 
 
 vy (Council 
 (if Ontario 
 'he Haiiiil- 
 ito Blanch 
 1 intended 
 
 anccllur ai 
 • sixty-six 
 id appoint 
 ), Es(|uii'e, 
 iijiiire. and 
 rldtiators, 
 1 cr(.ssini;', 
 manner of 
 )!', and the 
 ce, and of 
 5 anaiine- 
 ^sary ('(.in- 
 set forth, 
 •nee the-e 
 
 'esterit in 
 ereinaftcr 
 
 Western, 
 erforme(', 
 IS herein- 
 uii of OIK^ 
 
 thousand 
 
 thousand and forty-three dollars and thiity-four cents, as 
 awarded hy said Arbitrators as compensation to the Great 
 Western, now paid, the receipt whereof from the Hamilton and 
 Noith Western is hereby acknowledged, they, the Great Western, 
 do hereby yrant and confirm unto the Hamilton and North 
 Western and their successors forever the easement and privi- 
 le"e of crossini;' on a level the Toronto Branch of the Great 
 Western Railway at the |ioint where the said Hamilton and 
 North Westei'ii ll.iilway is shown and designated as crossinj^- 
 tlie said Toronto Branch on the plan of such crossing- hereunto 
 niniexed, marked "A" and sii^ned by Joseph Hobson and John Mc- 
 Keown, but subject and upon the terms, covenants, restrictions 
 and conditions hereinafter mentioned, and by the Hamilton 
 and North WesttM'ii to be performed, observed, and kept: 
 
 And the Great Western and the Hamilton and North West- 
 on covenant each with tlie other as follows, that is to s;.y : 
 
 The tJreat Western shall and Avill, within ten days from the 
 foiuteenth day of November, A.D.,one thousand eight hundreil 
 and seventy-six, construct and put in at the said crossings of 
 (lie tracks of the said Toronto Branch proper diamond cross- 
 ings of the l)est construction, made of steel and similar to those 
 wliich are at present in use on the Railway t)f the Great West- 
 ern, and within the said ten days shall and will erect at the 
 said level cross^ing two crossing semaphores and four distant 
 semaphores of the like kind and (|uality as those in use upon 
 the tJreat Western Railway, with all necessary and usual iittings, 
 lamps, levers, wires and aptpliances ; the two crossing sema- 
 phores to be placed at the point of crossing, and each of the 
 distant semaphores to be placed six hundred feet from the point 
 of crossing, two thereof upon the Toronto Branch Railway, one 
 oil either side of the crossing and the other two in like manner 
 111)011 the Railway of the Hamilton and North Western, and 
 they shall and will (-(instruct two notice boards of the ordinary 
 kind on the said Toronto Branch Railway, each at the distance 
 of half a mile from the said crossing and at the ciossing a pro- 
 per house for the use, occupation and accommodation of the 
 watchman, such house to be reasonably fit and suitable for the 
 purpose and not less than ten feet by fourteen feet in size : 
 
 The said diamond crossings and semaphores, with the fittings, 
 lamps, levers, wires, signals and appliances, and the house and 
 notice boards aforesaid shall be kept in order and repair and 
 be maintained and renewed by the Great Western by whom 
 the lamps shall be supplied with oil or other means of lighting, 
 and with other requisites and shall be lit and extinguished: 
 
 The wokingandmanagement of all such semaphores, signals 
 and conveniences shall be under the exclusive regulation and 
 control of the Great Western who may from time to time ap- 
 pfiint, emphjy and remove such watchman, switchman and 
 other persons as may be necessary for the prevention of danger 
 to or interfeience with the trattic at or near the said crossing : 
 
 The Hamilton and North Western shall not nor will use the 
 
 said 
 
 Cciiifiiileratiiin, 
 81,04:*. 
 
 C. W. 1!. to 
 (.■(Histnu't 
 
 fl'llSsiULtS (if 
 Stl-l'l, 
 
 And will erect 
 2 enissiiii,' aim 
 4iUst:iiit sema- 
 
 IlllOI«.'>^. 
 
 Locaticiu (if 
 ciMssiiii,' and 
 distant scnia- 
 
 lllldlVS. 
 
 Tli coustnu't 
 nutice Ixiards 
 and watch- 
 man's liciuse. 
 
 {',. W. 11. to 
 keeji said 
 works in re- 
 pair, to supiily 
 oil, etc. 
 
 G.W. R.to 
 
 control said 
 
 work 
 
 111 
 
 ii 
 
 .t X. w, 
 
 t to use 
 
 1 
 
 4 
 
m 
 
 230 
 
 agrkmei;nt uetwep:n a. \v. itv. k n. & x. \v. ry. co. 
 
 «iiik.s until 
 fully iDiu- 
 likti'd. 
 
 or 
 
 
 ^-i4. 
 
 a. \v. ■R. '.it 
 
 nals to 111' 
 used. 
 
 to pav evory 
 luiintli cost of 
 iiiiiiiitenaucf. 
 
 H. & N. W. 
 
 to ^instruct 
 notice boards, 
 femes ami eat- 
 tle-LTUards oil 
 tlifir Hue near 
 crossiii' 
 
 To construct 
 and maintain 
 c^d^■el•ts on 
 tiacl{ near G. 
 
 w. u. 
 
 G. W. R. to 
 work sema- 
 phores, etc. 
 
 G. W. R.,in 
 lien of jiay- 
 
 .saiil crossiiiif, or move or .sfiid any locomotives, cars, trains o 
 otliur tliinqs wliatevor u|)on oi- across the siuuu until the sail. 
 • liamoixl crossin;,', st'iiiapliorcs, tittini^s, lamps, lever.s, wires, aj)- 
 l>liances, notice hoards and house shall have been fully com- 
 pleted and put in and erected I'eady for workinir, nor until they 
 shall have jjaid to the Great Western the cost and expense of 
 constructing, putting in, ami erecting tlie .same, wlucli they 
 covenant to pay : 
 
 The .system of signals to be observed and acted upon at the 
 said cro.ssing by the Hamilton and Noith Western shall be the 
 same as those in use for the time bcitig on the llailway of the 
 (Jreat Western, and the Familton and North Western shall 
 aiid will duly observe and ai,-t upon the siuuc, and shall and 
 will duly observe, perform and keep on their part all the pro- 
 visions of this Indenture : 
 
 The Hamilton and North Western .shall pay to the Great 
 ^\ estei'ii on the first day of each an<l every month, coniuiencing 
 with the first day of the month next Ibllowing the date of 
 these presents all the expense's which may have been incurred 
 by the Great Western in maintaiinng, repairing, renewing and 
 working all or any such diamond cro.ssing, semaphores, fittings, 
 lamps, levers, wires, signals, appliances, notice l)oar(ls and house, 
 and in employing watchmen, switchmen and other pei'.son.-', 
 and for liglits, fuel and other materials, and for all incidental 
 curi'ent ex|)en.ses: 
 
 Tlie Hamilton an<l North Western .shall construct two notice 
 1)oards of the ordinary kind on their own railway, eaeli at the 
 distance of lialf a mile from the said crossing, and shall at all 
 times so maintain them, and shall construct and maintain in 
 good order on their own Railway, just outside of and to tlie 
 north and south of the line of the bo'umlaiy fences of the Great 
 Western cattle-guard.s, with the fences properly turned thereto 
 so that cattle and other animals ma}' not stray from the Rail- 
 way of the Hamilton and North Western to and upon the llail- 
 way of the Great Western, such cattle-guards to be .sixteen 
 feet long and eight feet wide, inside dimensions, and not less 
 than three feet in depth, and shall construct and maintain all 
 necessary culverts and watercourses under the embankment 
 and track of their Railway, and upon their lands, so that no 
 })art of the lands of the Great Western may be flooded by 
 water, and so that no damage may be done to the Railway or 
 property of the Great Western : 
 
 And the Great Western covenant with the Hamilton and 
 North Western as follows :— That the Hamilton anil North 
 Western performing and obscrvijig the covenants and agree- 
 ments on their part they, the Great Western, will cause the 
 said level crossing and semaphores to be properly worked, and 
 Avill cause the proper and usual signals of the said crossing to 
 be given accoi'ding to the mode iii practice for the time being 
 at other such cro.ssings on their line : 
 
 It is provided, however, that at any time or times the Great 
 
 W'estelU 
 
AGRKKMKN'T MRTWKKN II. k N. W. RY. & G. T. RV. 
 
 231 
 
 Western, instea<l of peifonniiio' the sai.l sevo.al works of repair- \J!"\V''i{"f,;r 
 ill"- iiiitintiniiinj^ or renewing,', and the said several services as w,,ikiu- may 
 luMvi nil. -fore niJiitioned, or any part or parts tlien-of at the ex- r.nui.v hutr 
 ,„.nse of the Hamilton and North Western, may, ui)on o-ivni-,' 
 to them reasoiiahle notice, re.juire the Hamilton and North 
 Western to do and perform all or any part or [larts thereof, in 
 vliich case the Hamilton and North Western covenant with 
 the (ireat Western that they will thereupon, at their own cost 
 ami expense, do and perform all such work, works, and services 
 so re.juired of them in a tit and proper manner and with i»roper 
 
 desiiatch : _ . ^ -.i .1 ,. ,,. ,, 
 
 And each of the said two Companies covenant witli tlie <|•^^^•^l;■_^^^^ 
 other of them that whenever trains of the two Companies ot ^■;^^ ,,.,,, ^ ;,;■ 
 the same class arrive at the same erossin<;- at the same time the way. 
 trains of the Creat Western shall have the first right of way, 
 l,ut passenger trains shall take i)reeedence of all other trams ''.f^J-';;';^,^,. 
 and mixed trains shall take preceilence ot fi'eight trains and ,,,t,oe,i,.uLe. 
 construction trains, and that neither Company shall unreason- 
 ahl v ohstruct at the said crossing the locomotives, cars, or trams 
 
 of the other. x Ar- w 1 
 
 In wiTNKSS wliereof the ]>arties hereto have hereunto «et Mjn.:,i toi,,-^ 
 
 ,eir respective corporate seals the day and year first above .v„,i constna- 
 
 their respec 
 written 
 
 Sealcil and delivered by the"! 
 (ireat Western in presence V 
 of 3 
 
 CiiAs. Percy. 
 
 Sealed and delivered by the \ 
 Hamilton and North West- |- 
 erii in presence of j 
 
 tinn tniin^. 
 
 F. Brouomtox, 
 
 (jvneral Manaycr. 
 
 Aareeinent beticeen Ilamilton and Xorth-Wcsfcrn Ralhmy 
 'Companij and The Grand Trunk Rallmoj Vompoivj, ax to 
 crossing at Geur(jdoxvn. 
 
 ^leinorandum of Agreement 
 
 made this twenty-first day of AKm;;-;;-;*^.,. 
 November, in the year of our Lord one thousand e.ght hun- H. & N w. ' 
 ,lred and seventy-six, by and between The Hamilton and -kI u. 1. 1. 
 North Western Railway Company and the Cnaiid irunk 
 Railway Company of Canada whereby it is agreed— 
 
 1. That the Hamilton and North Western Comr^iiy shall |n,..u 
 make the connection of their line with the Crand iiunk at '^ j_, ,,^^.„^_ 
 the point marked " B." on the sketch attached to this memo- 
 randum. S 
 
1 
 
 o 
 
 32 
 
 
 ]( 
 
 &x. 
 
 \V 
 
 tc. 
 
 I'fty I 
 
 'St. 
 
 AOIIKEMENT IJETWKEN N. RY. CO. A II. & N. W. Ry. co. 
 
 2. That tlie whole cost of niiikin<,' the connection, erectitiLr 
 signals, and maintaining tlio .same .shall he borne by the Haiiiif- 
 ton and North Western Comiianv. 
 
 S'in'ilvt'n'^.i ^' '^'"'^ ^^'^ ^^'"^ of putting in tlio switch at ])oint "R." shall 
 lucT c.'t. i{. ho performed hy the engineer of the (irand Trunk Oomj 
 iitcu.st,.f H. tht 
 it N. \V. 
 
 le cost of the "Hamilton and North Western Company 
 
 pany nt 
 
 It is further agreed 
 
 That the crossing of the Northern extension of the Hamilton 
 and North Western line over the Grand Trunk shall be uv.u\r 
 ]>y an overhead bridge to the satisfaction of tlie engineer of tlif 
 Grand Truidc Company. 
 
 (Signed) John Stuart. 
 
 J. HlCKSoX. 
 
 l-r 
 
 
 Agreement between the Korthern liailu'dy Companij uiul /A 
 IlaniUtoit and Korth-Wcstevn Railivay Company, s / 
 worklmj their Raihmys. 
 
 A;,nnt.G. Tune, Agreement made the sixth day of June, one thousmid eio-ht 
 J'li'Kbod and seventy-nim^ between THE NURTHEUN 
 RAILWAY COMPANY OF CANADA (hereinafter cal- 
 led the Northei'u Company) of the one iiart, and THE 
 HAMILTON AND NORTH-WESTERN RAILWAY 
 COMPANY (hereinafter called the North- Western Com- 
 pany) of the other part, 
 
 Northern Ey. 
 1st, jiart. 
 
 H. & X. W. 
 
 Uy, l.'i.(l i.ait. 
 
 Xiirthern ,iiul 
 Xorth-Wfst- 
 crii Kuihvays 
 to be L'<irried 
 on under 
 atrreeineiit. 
 
 yor twenty- 
 one years from 
 date. 
 
 E.xi'cutive 
 t'oniniittee to 
 f-iijierintend, 
 and to make 
 rules and re;ju- 
 latiuns. 
 
 Whereby in pursuance and exerci.se of the several poweis 
 enabling them respectively in this belialt the Northern Com- 
 l)any and the North-VYestern Company hei'eby agree (subject 
 to such contirmation as is l)y the seve'rai statutes^ in that be- 
 lialf required to be given) in manner follo*ving, that is to say .— 
 
 1. The working of the railways of th<! Northern Company 
 and of the North-Western Company and every part of the 
 .same, respectively, including any and'everv railway in connec- 
 tion therewith and particularly the railway of tlie North Sini- 
 coe Railway Company, now in lease to the Northern Company 
 by virtue of an indenture of lease dated the fourteenth of Jan- 
 uary, one thou.sand (jight hundred ami seventy-eight, shall for 
 and during a term consisting of so much of twenty-one years 
 to be computed from the date of this agreement as shall be un- 
 expired at the date hereinafter fixed for the coming into opera- 
 tion of this agreement, be carried on upon the terms and con- 
 ditions and according to the tenor of this agreement, under the 
 direction and superintendence of the Joint Executive Commit- 
 tee, for the appointment of which provision is hereinafter 
 made, and accordin.i; to such rules, regulations and resolutions 
 as shall from time to time be made by the Executive Commit- 
 tee 
 
'. CO. 
 
 II, erectiiiLf 
 -he lliiiiiii- 
 
 "P.."sliall 
 )iii{)aiiy at 
 
 llainiltdii 
 I be iiiJidi. 
 icer of till.' 
 
 ■5TITAHT. 
 
 KSo.V. 
 
 IJ a»<l thr 
 11'}/, >■ to 
 
 iuul ciolit 
 ITHEliN 
 liifter Ciil- 
 siiid THE 
 (VILWAV 
 ern Com- 
 
 al poweis 
 ern Coui- 
 L' (.subject 
 1 that be- 
 to say : — 
 
 Company 
 irt of the 
 n connee- 
 )rth Sini- 
 Jonipany 
 h of Jan- 
 shall for 
 jne years 
 .11 be un- 
 to oi)era- 
 and con- 
 inder the 
 Coumiit- 
 reinafter 
 solutions 
 Commit- 
 tee 
 
 AOUKKM 
 
 KNT ISKTWKEN N. RY. CO. & H. & N, W. UY. CO. 
 
 233 
 
 tro ana su 
 
 1 shall be ontirme.l by the Bounls ..f Diivotors ..f both 
 
 Companies, or not .lisullowe-l by the Unar. ot Dnvrtors ot 
 cither Company, or in case ..f aisallowaner by th.- hoard <.t 
 Directors of oiie only of the Companies, shall be conhrmed ..n 
 jeference to a Referee as hereinafter provided. 
 
 - For the purposes of such workin- as aforesaid, all the lo- I;;--;';;-:^ 
 coinotives and other rolling stoek, vessels, ,.<pupment ami plant, t„,,„, t ,a 
 a,„lallthe stores, tools and other moNvaUe l-W-ty o he jhs^.-.^^^^^^^ 
 Northern Company and of the North-W estern t ompan\ sha ;,,. 
 ihrou-diout the said term be used by both Compames an.l shall 
 ;uvnrdin.dv, on the date hereinafter fixed for ^he coming into 
 on.ration of this agreement, be placed, and throughout the said 
 t:,,.. shall remain, at the disposition of the two Companies and f;;;-;^V«:;. t., 
 .Mbjeettothe co.itrol of the Executive Committee as herein „„,trol. 
 provided. 
 
 :i A full inventory arranged according to eonvenient classes 
 and divisions and a "just appraisement and valuation shall be 
 ,„adc of all the locomotives and other r..lling stock, vessels 
 <.,,uipment, plant, stores, tools and other moveable property ot 
 t.aVhof the Companies. Avhieh shall on the date hereinattei- 
 lixcd for the coming int.. operation of this agreement, be placed, 
 us herein provided, at the .lisposition of the two Companies, 
 and the several things included in such inventory shall remain 
 tlu- property of the Company to which the same respectively 
 l,c]ong on such date as aforesaid, but shall be used xyithout re- 
 strictfon for the purposes of the working arranged Jor by this 
 a-reement, and such of the same things as are not consumed 
 bv use, shall, 80 far as occasion arises, and the circumstances ot 
 tlie case admit, be maintained and kept in repair, wear and tear 
 <,nly excepted, and such of them as shall be consumed or worn 
 ,. at shall l.e replace.l as soon as occasion arises and the circum- 
 stances of the case re(piiiv, I'y means and out of the gross earn- 
 ings produced bv the said working, so that the whole equip- 
 ment be kept up in an etlicient manner : and at the end of the 
 >aidterm such, if any, of the same things as shall exist in 
 specie shall be restored to the Company to which the same be- 
 long, and a new appraisement and valuation shall be made of 
 the things so restored, and a new inventory divided as far as 
 may be into similar classes an<l divisions, and a new appraise- 
 ment and valuation shall be made of all other moveable prop- 
 erty then at the disposition of the two Companies ; and the 
 tliin.rs comprised in such new inventory shall be divided in 
 <onvvnient shares as between the different classes and divisions, 
 and acconling to the values set upon them in such new ap- 
 praisement and valuation between the two ( ompanies, and so 
 Ihat each of the (\nnpanies shall be entitled f. such amount in 
 value of the things to be divided as with the value of the tli.iYs 
 so restore.1 to such Company in specie, sha 1 be ecpial to the 
 value of the things <.riginally pla ed by such Company at hj3 
 ^ disposition 
 
 Inventory tn 
 to be niiide 
 jiroperty of 
 I'oiiipiinifs. 
 Loconiotivt's, 
 plant, tools, 
 the same to ri'- 
 inain the |iro. 
 perty of Com- 
 pany to which 
 they beloiii,'. 
 
 Tliiii;,'s not 
 consunn'il to 
 lie kept ill re- 
 pair. 
 
 At eml of 
 term to lie re- 
 cti ireil to each 
 ( 'onipany. 
 
 Appriiisen'. nt 
 anil il:\ is'.on 
 of new proper- 
 
 ty. 
 
 d 
 
 ^..^-^^ 
 
234 
 
 A(iIlKK.Mi:XT ItKTWKEN N. UV. Co. \ II. A N. \v. ItV. Co. 
 
 mn 
 
 vmiu I, 
 
 m 
 
 Valiii'iM. 
 
 Pllll of tl 
 
 mill \\<iw 
 ;i|>|iMiiitci 
 
 at 
 'I'lii, 
 
 tn I 
 
 ll. 
 
 HiiildiiiK^, 
 siiiiiif,"-, 
 iiiiicliinery, 
 etc., tl) 111' lit 
 fiispiisitiiin iif 
 till- twii ('(ini- 
 lanics, 
 
 Anil iiiiiliT 
 riiiitrnl of K.\i> 
 rutivu ("iiin. 
 
 I'nivtMi 
 
 <iiU'Htii)iisn.s to 
 liiiw (k'tfriniii- 
 i-.l. 
 
 Nut to be snlil 
 without uon- 
 scnt of Ex. 
 Cnni, or lii'fe- 
 ree. 
 
 Elinator at 
 JIaniilton Ex. 
 
 disposition of tlu' Invo Coiinxuiios, uny 'iflicicncv Ih-Iiii,' l.Dtno 
 mtt'al)ly, an«l so that of the surphis, if any, oadi of tla- Com. 
 I-anics hIirII he fntitlcd to thi* same [iioportiun in aj,'|L,'ivirat(' 
 vahii" as it has hccniii; i-ntitlod to, of tin- net annual I^arnriiiiH 
 produced l.y tlie said woikin<.r, on an avt-myv i-xtt-ndin-' ,v^i 
 tho whoK- tcnii. And for thr niakinj.' of such appraisements 
 and vahiations as aforesaid, tho linard ..f Directors <A' .iuh 
 Conipiiny shall, as soon as convejiiently niny he after the ci.n- 
 tiriiiatioii of tins Agreement, as hereinafter proviijed, and n-^ain, 
 at least three months h(>foi'e the expiration of the said term. 
 appoint in writing a vahier, an.l the two vahiers so a])[.oint(.>(i 
 ■ shall, on eju'h occasion, lieforo they enter upon the a[)praiso- 
 nient ami valuation, appoint in writini^a third viducr, to win. m 
 shiill 1.0 referred for final appraisement and valuation aiiv item 
 or items as to tlie .alue of which the two vahiers so appointeil 
 hy the Companies as aforesaid cannot a,i;ree. If th<' P.oard of 
 JJirectors of eitlier of the t'oiupanies shall not, within ten davs 
 after notice in Avritin^r of the appointment of a vahier hy the 
 other Company, appoint a valuer on their hehalf, then tlie v;i|- 
 uer so appointed shall enter upon and make such appraiseun'tit 
 and valuation, and his valuation shall have the same force imi 
 etiect as if the two valuers had heen appointed. 
 
 4. In order to render moi'e effectual and protitahh- tin- 
 working of the railways under this agreement, as well the 
 radways of or connected with tlie Connianies respectivelv, 
 as also all stations, sidings, huildings, works, wai'ehous(.> 
 elevatons, stationary engines, fixed ^uadiincry and cijuip- 
 ment, with the appliances and conveniences l.elonging thereto 
 respectively, ami any other real or immoveable "pitTperty ot' 
 either of the t'omj)anies, including lands leased to or Jield 
 hy either of the Companies shall, so far as mav he necessarv 
 or desirable for tlie working of the railwavs (luring the said 
 
 term, or the then remainder tliereof, be placed at the disposi- 
 tion of the two Companies, and subject, as herein provided, to 
 the control of the Kxecutive Committee, who shall provide out 
 of the gross earnings produced by the working arranged for by 
 this agreement, for all out-goings in respect thereof, an<l shall 
 I'oceiye and treat as gross earnings all income arising tlierefr 
 Provided always, that if and whenever anv question shall a 
 
 Olll. 
 
 rise 
 
 I 
 
 whether any of the aforesaid particulars o'ught to be subject ti 
 tlie operation of this clause, the (piestion shall be referred' to the 
 Board of Directors of the Company to which the same lielong, 
 \yhose decision shall be accepted, subject only to a i-eference t"^) 
 the Referee hereinafter provided for," if reiiu'ired bv the Board 
 of ] )n'eet')rs of the other Company: and provided also, that 
 none oi the aforesaid particulars shall lie sold '»• disposed of as 
 not being necessary oi- desirable for the working ot the railways, 
 except in accordance with the decision of tlie Executive Coin- 
 inittee, or in the event of their disagreeing then of the Referee. 
 Provided also, that unless and until the elevaiv r at Hamilton 
 
 becomes 
 
 
 Mh 
 
V. ('(I. 
 
 'fiii^f Imiiiii' 
 t" tilt" ( '((111- 
 
 ill Ciirililln'-* 
 
 )rni.sL'iiii'tits 
 
 H'S of (.Jlch 
 
 or till- cmii- 
 , iiiitl jit,'ain. 
 suid term, 
 ) ai)[»oiiitoil. 
 I' nppiaise- 
 r, to wluHii 
 n any itcin 
 • apjioiiitoil 
 II' }-!(jaril (if 
 II ti-n (liiv^ 
 ItU'i- by till' 
 en tlie vjil- 
 praisenii'tit 
 J t'orcc :iiiil 
 
 tital.le the 
 IS well the 
 spectively, 
 /areh(iiise>. 
 mil cijiiip- 
 ing thei'eti) 
 ii'o|)eity ot' 
 to or hell I 
 i necessary 
 II,' the saiil 
 lie disposi- 
 I'ovideil, to 
 irovide mit 
 i^ed for ly 
 , and shall 
 tlievefi'oni. 
 shall arise 
 suhji'et t<< 
 Ted to tile 
 no lieloniT, 
 Terence to 
 the Board 
 also, that 
 losed of as 
 ? railways, 
 tive Coni- 
 o Referei'. 
 Hamilton 
 becomes 
 
 Anur.KMKNT ItKTWKKN N. KY. CO. & H. * N. W. IIY. (.0. 
 
 •>'?'» 
 ^•>i r 
 
 liceiniies the property of the Noith-Westem Company or ar- c'.mmiitt.i' 
 
 UMIMII*'^ I'll' |'l''j,i 'J viiv. *i.jiv>> 'T^Kwaik V i^ia-i'oia^r "» •• • « « Ull II 1 1 1 k<'< ' 
 
 ruii"enients are made by the North-Western Company at their ""* '"'""'• '" 
 nun se|>arate expense for its use by the Hxeeiltive CiMumittee, ijal.ilitv i><v 
 the Kxeeutivo ( 'onnnittee .sliall not be bound to work or use the <iti»il tl.f -!un. 
 Name or j)ay any outi^foin;^ or incur any lial)ility in respeet theri'- ^^'''ti, \\'.^. 
 of, but so soon as such elevatoi' lieeomes the property of the tciu. 
 North-Western t'ompany or as such arianyements as aforesaid 
 are made, with n-speet thereto, the said elevator shall lie subject 
 I I the {)rovisions relating to other like jiropeity of the same 
 Company. Provided also, that if any lands of either of tlie 
 Companies be sold, the net proceeds of such sale sliall not be i>,.,„.,,,,,i, ,,f 
 tieated as t)art of tlie said gross earnings, but shall be paid to lmi.l'<«iilihint 
 and received or retauied by tlie Company to which such laml " 
 belongs. 
 
 ."). Out of tlie gross earnings to be jn'oduced by the working Woikiim' .x- 
 of the railways, and from all other the iiroiiertv moveable or l"'. 'J'" '" ':'' 
 
 111 1 ii !• -i- !• 1 i' /I ■ paiil mil "I 
 
 iiiimoveable, ]tlaced at the (hsposition or the two ( om panics, ^,,.,,^^i.iiiiiiiii,'-. 
 shall be jiaiil all working expensi's as hereinafter detined, and the 
 net surplus, after providing for such payment, hereinafter called 
 net earnings, from time to time shall be divided between the 
 Companies in manner liereinafter provided. 
 
 (i. Cnder tlie expression working expenses, shall lie included ^^''|^'^'^^^^;;^"''^"'^ 
 the following exi)enses and charges, that is to say — 
 
 (ii) All expenses of the maintenance of the railways, sta- 
 tions, sidings, buildings, works, warehouses, elevators, 
 appliances,coiivcniences, real and immoveable property, 
 tlio subject of the management and working arranged 
 for by this agreement, and of the rolling and other 
 stock, machinery, erpii[)nieiit, i)lant and moveable 
 property used in the working of the railways or any 
 of them. 
 
 (h) All rents or annual sums payable in respeet of any 
 railways, warehouses, wharves or other property, in- 
 eludiny- land leased to or held by either of the Com- 
 
 Maiiiti'iiaiu'i- 
 of iiiilways. 
 siiliiit,'s, tmilil- 
 in^,'s, rc'llini,' 
 ptiick. 111 u'liiti- 
 fry, etc. 
 
 panics, which, under the provisions of this agreement, 
 shall be subjected to the ccmtrol of the Executive Com- 
 mittee, and including such rent or annual sum as may 
 from time to time lie payalile under any lease or agree- 
 iiKiut to or with the Northern Company, of or in re- 
 sjject to the said railway of the North Simcoe Rail- 
 way Company, not exceeding eighteen thousand dol- 
 lars per annum, but exclusive oi' any rent royalty or 
 other payments in respect of the user of the Hamilton 
 Klevator unless and until the same shall be subject to 
 the provisions relating to other like property of the 
 Xorth-Western Company. 
 ((•) All expenses of anil incident to the working- of the 
 railways and the trathc thereon, including stores or 
 consumable articles. 
 
 id) 
 
 Rent!', etc., 
 fur railwuys. 
 l)uil(liii!,'s, 
 wliaivcs, etc. 
 
 Iiichulin-r rent 
 fur North Sim- 
 coe l{y. 
 
 Not tn exceeil 
 .*ilS,00O. 
 
 Not Ilamikoii 
 elev.ato! i.iitil 
 same suliject 
 to provisions 
 of otlier jiro- 
 Tiertv of H . & 
 !V. W, 
 
 Kxiter.ses of 
 workiiiL,' rail- 
 way stores.f to. 
 
 Ii' 
 
 
liis! 
 
 B 
 
 III 
 
 luiifri, iiimir- 
 
 aiict'.daliiaKt'x, 
 vtc. 
 
 Halarie*. com- 
 
 liyiwutioim.etc, 
 
 KxpI'llHOH K.\- 
 
 Ciiiii., Audi. 
 tiiiN, Joint 
 
 IlOll. Clllll. 
 
 1-ival, I'arliii. 
 iiii'iitury <^\' 
 IieliJ^fN, tti'. 
 
 SiHTetiiria! 
 ami cstatiiifili. 
 iiii'iit f.\|i('nsfM 
 of Xiirtlifrn 
 aiid Xortli- 
 Mfsteni IJiiil. 
 way«. 
 
 AGItKKMKNT IlKrWKKX N. ItV. C( -. A II. & N. W. IIY, CO. 
 
 ('0 All rates, tn.xi's, insuniiicc nml coinpfiisjitio'i for awi- 
 (It'iits, losst's aiul <lainfi;;( s. 
 
 (') All sularios, waives, i-uiiiniiNsioiis ami (.'omju'usatioii.s nt' 
 pt'i-soiiM iijiployed in or aluxit or for tlit' workiri;,' of 
 tlio railways an<l traffic, includiuj,' the oxpi uses ofllic 
 Exocutivt' Coininittct', and of their Cliairiiian and Sec 
 n'tary, and of tho Auditors, and of tlu- Joint Londmi 
 < 'oiiniiitttJi' (if any) and of tla- London A;,'(!iit, to l.c 
 appointiMJ as liorcinaftor jjrovidcd, and aHl'-jral, par- 
 lianirntary and all otlitsr int'idt-ntal \vorkin<^' rxpensis 
 whatsofvor, and including,' also a.i allowanco of two 
 thousand five huinlrcd do'lars per annum towards tlic 
 
 l>aym('nt of the st^paratc sucrutarial and cstaiilish nt 
 
 cxpi'UscH and Directors' fees of the North- \Ve.stern and 
 Northern ( 'ompanies respectively, Hiut without preju- 
 dice to the amount which either of the said Companic-i 
 may expend on this account) and all other sinii> 
 whatsoever which arc, by any clause of this a^'ree- 
 ment, expressly authorized to he paid out of yroxs 
 
 eariMnijs. 
 
 wXiS' . "• ^'^'^."«t eariiinus in each year of the sai.l term sliall from 
 time to time he divided between the Companies in manner fol- 
 lowing, that is to say — 
 
 !\''rtiu.rr"C V^* ^" ^''*' ^""' "^ ^'"^'*^^ thousajid p.mnds sterling in 
 eacli year, the same shall he appropriated and paid as to 
 sixty-six and a (piarter ut cent, tlu'reof to the Northern 
 Company and as to thirty-three and three-fourths per cent, 
 thereof to th_, North-Western (.'ompany. 
 
 After eighty thousand i)oiin.Is shaft have been so appro- 
 priated in anyoneyear, any additional net earnings of the year 
 Next fio,0(JO «hall.as to the next ten thousand pounds (between the sums of 
 Northern iJy. eighty thousand pounds ami ninety thousand poiuids) be apprc- 
 Next 4'i(),0(io pi'iatod and paid to the Northern Com[)auv, and as to the next 
 rer'"c't''x.Sij **^'" thousand pounds (betwecji the sums of ninety thousand 
 A\\.st."rn ,io '" l>o"n<ls and one h\jndved thousand pounds), be aiipropriated 
 
 pvv c'ont. 
 North Wis. 
 
 tlTIl .WY |)(.T 
 
 c.-nt. 
 
 \' 
 
 rerceut. and paid as to seventy per cent, theveof to the Northern (Jom- 
 
 Ovor fiO(),(H)o l^'"' '' ^"'^•'^'^ *^'^ ^^^^^'^y P«'"cent. to the North-Western Compain-, 
 
 WtweeuC'.Vs "^fi any excess of net earnings over one hundred thousaiid 
 
 <.'iuall.v. pounds in any year, shall be appropriated an<l paid to the 
 
 Northern Company and to the North-W^'stern Company in 
 
 equal shai'cs. 
 
 Each Company sliall apply its proportion of net earnings as 
 
 ■'^"•1 when from time to time" received, in the first place in pay- 
 
 meiuof int. on meiit of the inte;-st due upon its bonds, according to the pri- 
 orities of such bonds. 
 
 Net earnin^fx 
 Cos toajiply 
 first in pay- 
 
 Committee to ^- ^'^*' ^^^'^ ^'^'^•^*^''" Carrying into effect of this agreement and 
 
 be aj.p„i,ite(l. arrangement there shall bo appointed a Joint Committee 
 
 herein lialleil {;nd referred to as the Executive Committee with 
 
 such powers a;i;l functions as are hereby conferred upon tliem. 
 
 •) 
 
tV, CO. 
 
 AfJRKKMFST TIKTWKFN V. RY. m. k U. k N. W. n\. • \ 
 
 i>:{7 
 
 t''i for acei- 
 
 ('iisatiuns lit' 
 work in;,' of 
 
 I uses of the 
 an and See- 
 •int London 
 i<^i'\\i, to l,c 
 I l"j,'(il, par- 
 i;,' <'Xi)ons(>, 
 mco of two 
 owards tlic 
 alili.slniii>iit 
 resteru and 
 Iwnit pi't'jii- 
 ( 'onipanif> 
 )tli('r .suin> 
 this a^Tct.'- 
 
 it of '•TOSS 
 
 shall froiM 
 lannur fnl- 
 
 iterlinrf in 
 
 )ai<l as tn 
 
 Nortlicin 
 
 per cent. 
 
 so appro- 
 )f the year 
 le sums of 
 
 be apprr - 
 ) the next 
 
 thousand 
 )ropriated 
 lern Coni- 
 Jonipany, 
 
 thousand 
 id to thr 
 iipany in 
 
 rnings as 
 e in pay- 
 i the pri- 
 
 acnt and 
 Jinniittee 
 ttee with 
 ton them. 
 9 
 
 lulit iniiii- 
 )iri-<. 
 
 Miinuk'iiiK' I'i 
 ri'itor Nmlli- 
 fill, I liiiiiiiiuii. 
 I'li'ii if iii)t iip- 
 iioiiiU'd iiii'iii- 
 
 liiT. 
 
 Koiir iiviiniiit- 
 I'd liyNiiitluiu 
 lliiiiril. 
 
 K'lUr iiiiiHiint 
 ,m1 l.v Surtli- 
 
 WlstlTIl 
 
 n.iivr.l. 
 
 Wliiii tiist 
 llli'liihfl'H iif 
 ('iiiiiinittif t.ii 
 lie ii|.|MiiiLl<il. 
 
 !t. The Expeutive Connnitteo hhall connist of (•i;,dit appointed Kiu' 
 nil labors, with the adtlltion, as chaiinian of the .Nlana;,'inL; 
 jiirei't i )r (Jeneral .Manaj,'er of the iSortiiern Company, if not 
 one of the appointt'il members. Four of the appointed mcMu- 
 bns shall be directors of the Northern ( 'ompiiny, to be iip- 
 pointid annually by the Directors of the .Northern Cnnipany 
 within fourteen iliiys after the annual j^'eneral meeting' of that 
 ('.)nipany, and the remaininj,' four shall be diicetors of the 
 ?'orth-\Vestern Company, to be appointed animally by the 
 J)ireetors of the North -Western Company within fourteen days 
 at'ter the annual general meeting of that Company, ard the 
 fight mendiers so appointed shall enter .. ♦o office immciliately 
 ujTon their appointment. The first members of such Ctjmmittee 
 >liall be appointed Viy tlie Directors of tlu' said respective Com- 
 jianies within fointeen days after the confirmation of this agree- 
 ment, and the membeis appointed by the Directors of either 
 Company shall fiom time to tinte contituie in oitice until the 
 appointment of their succes.sor.s. 
 
 lu. In th.- event of the d» Ji or resignation of any of the y;;;^',\";y,!;.>" 
 ci'dit appointed members of tlie Kxecntive Connnittee, or of his ,iii,.,n.v i:vu. 
 ci'ising to be a Director of the ( '..mpany by whose J)iivctors he ;;'f;;«/'""'- 
 wa> appointed, the remanung meml)ers ot ti" hxecutixei om- |,„^^._ 
 mittee, Directors of the same Company, shall appoint another 
 Director of the same Company to fill .luring the remainder of 
 tlic current year tlie vacancy so occasioned, la.t the proceedings 
 of the Executive Committee sha'.; not be stayed or invalidated 
 by reas( n of the hai)pcning or continuing of any vacancy, .so 
 j(in"' as a (lU'jrum of mendiers remain. 
 
 11. The Mana<dng Director or General Manager for the time Manauintf Di- 
 licii ' of the Northern Company, whether he be an appointed '^1;^^^ :r- 
 mem..n »rnot, shall be (V-o/^cio chairman, and shall, if present, x.mUuti. al- 
 preside at all meetings of the Executive Committee, but shall ;™>;^ "-''""'• 
 nut, unless he be an appointed member, have any casting vote 
 or other vote on any question sulanitted to the Executive 
 Committee, and if he be an appointed member shall vote c.ily ,,,„ ^,,i,. „„,,., 
 as the othev members vot" and .shall not have a casting vote, ifanai.i.ointe.l 
 In the event of the absence of tha ex-oMrio chairman from any l^i;-;";;^'';^^^,, 
 meeting of the Committee, the members present thereat shall ,.iis,i„g \„t.'. 
 appoint one of their number to act as chairman /))'0 tcin. who Appointin.-Mt 
 shall vote only as the other members vote and sha'' not have a ;;;.,;^;^^,;["""' 
 casting vote. 
 
 T2. Each of the eight appointed members of the Executive J/;;n:|;;.';:'f 
 Committee niav, by writing under his hand, apjMjint any other (;;„„,„itt,M. 
 appointed ineiuber of the C.)mmittee, being a Director oi the ...ay airoi.a 
 .same Company, to be his proxy to vote for him m hiS absence, i ' • 
 at the meetings of the Committee. 
 
 
-■ Wj^-^m 
 
 
 111'' 
 
 h 
 
 
 II 
 
 ^i 
 
 238 
 
 AfiUEEMKNT BETWEEN N. RV. CO. & H. & N. W. «Y, CO. 
 
 ExrciitivoiMiiy 
 iiiiikf liy-liiws 
 fill- rcj^uliitidii 
 nf Imsiiu'ss, 
 vU: 
 
 Kixiiij,' iiiiD- 
 
 I'uni. 
 
 Oiviii;,' iKitice, 
 
 etc. 
 
 By-laws til lie 
 (-•oiiHiiirmI ]i\ 
 
 VI Tlu; Kxotnitive Committee for the time being i,liiill have 
 ])o\ver to whkc liy-laws not inconsistent with tlie provisions of 
 this aj^rieemynt for tl.'e regulation of tJieir meetings and husi- 
 ness, including the appointment of sub-conuaittees, the li.\in<r 
 tlie (juorum necessary for tlie transaction of business, the mode 
 of giving notices and ail other matters wluch may ]»e neces- 
 sary or expedient for the due and convenient conduct of their 
 
 coiinn.RMi i,y ^''•^i'.'^''^'*' ^'"^ '^" ■'^"*'^' by-laws shall, before becfnning operative, 
 lioai.lscf .iuii rL'(|uire to lie eontirmed by the Boards of Directors of the 
 
 fei'ee.' ''•^"''" ^/^"'P'^'^^'^. ivs[)ectively, or, in case of diH'erence between the 
 J)oards, ])y the Refeire, as lierein provided with I'eference to 
 rules, reguh'tions cr I'esolutions of the Executive Committee. 
 
 Ffiur mciiibers 1 -i. Until by tilt by-law8 of tlio Conunittce otherwise ]iro- 
 'lu.iium!''''''' '^cii^'cd, the quorum for a metiting of the Committee shall l)e 
 five members of ti. Conuiiittee, exclusive of the chairman pre- 
 sent personally or by proxy. 
 
 M.ctinics at 15. greetings of the Executive ( 'onunitte shall be held, uidi-<< 
 each nion^th.'''' ^^^''^ ""^^jl otherwis.i presciibed by the hy-laws of the Conmiit- 
 . tee, ac Toronto twice in each month, ami mav also be held at 
 
 inay™ll at ^J^^ ^^^^ ^^ ^'''' chairman at the otHces of the North-Westeru 
 Hamilton or Company at flauulton, or at such other ;. lace as the chairman 
 tlsewheiv. shall find expedient and may ap[ioint. 
 
 10. Notice of each meeting may be given to each membfi 
 
 Isutice to 
 
 meiiiliei-s to lie « ,, ,, ,. ,, '":'"'^, .', -,-,■■-■' ^" v c,, ■. ..n.- 
 
 posted two ot tiie J^^xecutive Committee bv letter sent by post U) an 
 Si';*;!'"" '"lyi'li'^^^ to be given by him for the purpose, and., until the 
 Executive Committee shall otherwise ^-.escribe, two davs shall 
 elapse between the posting of the notices aiul the day ap- 
 pointed for tiie meeting. 
 
 Ncli'thern t'^i ^^' "^^^^^ ^I'cretary, for the time being, of the Nortliern 
 Smeta'" of ''' Coinpany «^"ill 1'^' a'^'l act as Secietarv of the Executive 
 Ex. Com., Committee, and the Managing Director or General Manaoer, 
 l)Svof *''^'' *'"' tii'ie being, of the Nortliern Company shall bt and' 
 Xoitli.mtolie act as General Manager of the railwavs ami properties sub- 
 ager." '"' '"'ttwl to the control, or placed at the disposition of the two 
 Companies as aforesaid. 
 
 -MinutesofKx. 18. Minutes of all jn-ocv-edings of the Executive Committee 
 Stalu^ .'^liall he kept, and copies of all such minutes shall forthwith 
 copie.s thereof be given or forwarded to the Northern Com]ianv and to the 
 .i'lectiveCV North-Western C.,nipany for the use of the Companies, respec- 
 tively 
 
 Kx. Com. 
 powers of, 
 in workiiiy 
 railways. 
 
 19. The ^Cxtcutive Committee shall Iiave and exercise all. 
 powers and functions which shall lie reiiuired for enablino- 
 them effectually to work in accordance with lules, regulations 
 and resolutions to lie troni t"me to time made by Uiem the 
 railways and properties submitted under the provisions of thi- 
 
 'Ti,'' 
 
 agreement 
 
 ^.^1 
 
 w 
 
IJY. CO. 
 
 iig diiill liavc 
 pi'ovisioiis of 
 igs and liusi- 
 es, tho lixiiiiT 
 ess, tlie mode 
 i!\V 1»e noees- 
 diiet of tlioir 
 ny operative, 
 ctors of the 
 Ix'tweeii the 
 refi'i'cnce to 
 'oniinittee. 
 
 lorwise ]ii'o- 
 ttc'o sliall be 
 lairiiian pru- 
 
 ; htdd, Hides* 
 tliL' Conuint- 
 l)(j licdd at 
 irth-Westem 
 10 cliainnan 
 
 ach ineinlit'i 
 post U) an 
 d, until tlic 
 ■() days shall 
 the day aj)- 
 
 NortluTii 
 .' Executive 
 •al MauaiaT, 
 liall lit and 
 23ertios suh- 
 i of the two 
 
 Conmutteo 
 II forthwith 
 ■ and to the 
 uies, respec- 
 
 excrcise all 
 >v enabling- 
 regulations 
 y them the 
 ions of thi< 
 agreement 
 
 AGKKKMEXT BETWEEN N. IIY. CO. & H. & K. W. RY. CO. 
 
 a-a-eonient to tlieir control, and for the purposes aforesaid shall 
 he eni.itled, and are hereby authorized, to acb as agents for and 
 in the name of the Companies, respectively ; a»id niay, as 
 occasion reipiires, or as may l)e expedient, treat the said rail- 
 wavs and properties as being worked or used by either or both 
 of Ihe said Companies. 
 
 Pi'ovided aU^^'ays, that no rule, regulation or resolution of 
 the JvKecutive Connnitt(!e shall be deen\ed to 1)0 of any 
 valiilitv or shall be acted upon, unless and until the same 
 shall b'e confirmed by the B' d of J)irectors of each of the 
 (.'oiupanies, or unless an<l until, with reference to each of the 
 Companies' a copy of the minute of such i-ule, regulation or 
 ieM)luti()n shall have been given or forwarded as liereinbefore 
 diivcted. and seven days shall have elapsed from the day on 
 which the same was so given or forwarded without such rule, 
 iv-ulation or res(dution being disallowed by the Board of 
 [lueetors of such Company, in which case the rule, regulation 
 <,r I'osolution shall l»e deemed t.j have been confirmed by such 
 Board of Directors, or indess and until, in case of disallow- 
 ■U'- . by the Board of Directors of one only of the Companies, 
 the rule, re<''ulation or resolution disallowed shall have been 
 referred' to and confirmed by the Referee hereinafter provided^ 
 for. Provided also, that every rule, regulation or resolution of 
 the Executive Committee with reference to the working of the 
 said railways and r-opertios wduch shall not be disallowed by 
 the 13ooi'd of Directors of either Company, or which, in case of 
 disalhnvanco by the Board of Directors of one only of the 
 Companies, shall be continued by the Referee, shall have the 
 full force and etiect of a rule, regulation or resolution of the 
 ll(jard of Directors of each of the Companies. Provided also, 
 that, in fi.King the rates and tolls to be charged for tratHc, the 
 Kxceutive Comnuttee shall so adjust the same th.-i.t the rates 
 and tolls to bo charged to and from poin* muion to and now 
 actually occupied by the lines of both companies, aru.l the 
 cities of Hanulton and Toronto, shall be the same without 
 prejudice or preference to either city, and so that the rates and 
 tolls to 'no charged between the cities of Hamilton and Toronto, 
 respectively, and all points beyond CoUingwood reached by 
 water carriage therefrom, and all through rates or tolls (pioted 
 or charged through the cities of Hamilton and Toronto, to or 
 from the points last aforesaid, shall, as to the parts thereof 
 charged for transport over the said railways, wdiateverUie route 
 maylje, an<l exclusive of terminal or transfer charges, if any, at 
 llaniilton or Toronto, be the same without prejudice or preter- 
 euce to either city. 
 
 Provided also, that all engagements and liabilities entered 
 into or incurred by the Executive Committee in the pertor- 
 mance of the powers and functions hereby intrusted to them, 
 or by reason of the working, shall as between the Northern 
 Coiapany and the North- Western Company and without pre- 
 judice to their being provided for out of the gross earnings, bo 
 
 deemed 
 
 239 
 
 'J'o act as 
 a;,'oiitM uf llio 
 Cuiiiiiaiiiu-. 
 
 PlovLso. 
 
 Piuli's and n u" 
 ulatiiiiis to lie 
 cDutiriiRMl liy 
 lioth Cunii<aii- 
 ii-'.s. 
 
 If iKit ilisal- 
 lowed ill M-'von 
 (lays, CI m- 
 ti lined. 
 
 If (1110 ( ';>. (lis- 
 apiu'dve Itef- 
 erce tii decide 
 aa to coiitii'iua- 
 tiou. 
 
 Rules, etc. , not 
 disallowed to 
 have effect ot 
 rules of Ijotli 
 Comiianies. 
 
 Uates, etc.,^ 
 not to disei-iin- 
 inate against 
 Hamilton or 
 Toronto. 
 
 I'roviso. 
 
 Hn-;ii:,'t'nients 
 of I'^xeculive 
 ( 'oiiiiiiittee 
 liiiidiu,' on 
 hotli t. onipan- 
 ies. 
 
 W 
 
1 t 
 
 m 
 
 240 
 
 AGREEMENT liETWEKN N. RV. f'O. & II. & X. W. ry. CO 
 
 ..leemo(l and taken to bo joint en^ra-onients and liabilities of 
 On,. (Vn.pany >ot » Companies for the performance and satisfaction of whifl, 
 ;;;:ei:S';:/"'' ''^^^ ^ (-onipames shall be cjually nnswerable ; hut save as afo.v- 
 tutun- euKa«e- «iiul notliiHo- m tins agreement shall extend to make either of 
 .....Its of other, the Companies responsible or liable for nnv ..f the pres.Mit or 
 
 tuture debts or liabilities of the other of them • Provid.^d 
 Kx. Com.to however, that the Executive Committee shall, in th.> excrcis,^ 
 I'ilsti;^";;!-'" •'* ^'^"^"" P'^^^'r- ^*^''^ '"^"^''^ **> '^" ^^'^tlng contracts an 
 tr..ct. of either agreements made by either Company for services siipnli.-. ,, 
 
 < 'oinpaiiy. 
 
 r, ^, . .' ,- Pfi'i.v lor services, supplies ur 
 
 )ther matters coming under the head of working expeus,.. and 
 .shall not cause or do anything inconsistent therewith. 
 
 20. The Executive Committee shall direct and conti 
 
 ■•'1 al 
 
 I'^xecutive 
 
 < 'oinniittee to . i i- i ' -.wv^u .imi i,_(iiimi a 
 
 r-mtrolre- receipts and disbursements in respect of the workin... aiTaii..,,, 
 ,..,,ts_a,ui,hs. tor by tins agreement, ami shall .an.- prop.r books of aceounl 
 to he kept ot all such receipts an.i lisbursenuMits and ,,f .(U 
 otlier matters ot account connected an th the said working- an,| 
 shall, as .soon as practicable after tlu expiration of each'^ue- 
 ce.ssive period of six m.mths from the date fixed for the coming- 
 into operation of this agreement, state in writin-^ a just .ind 
 true account or statement of tlieir recei[,ts and disbursem..nt. 
 credits and liabilities in respect of the previ^.us six months' 
 working; aii.l copies thereof shall be forthwith o-iven ,,r for- 
 warded to the Northern Company and to the Xorth-Wesfin 
 Railway Company for the us of the Companies respectively 
 
 Imi'seinoiits. 
 to cause 
 proper ae- 
 coiiiits to he 
 kept. 
 
 ITalf yearly 
 statMiients to 
 ei'ch v'om- 
 pany. 
 
 l)a(]i ( Oni- 
 ]iaiiy to ap- 
 point aiiilitors 
 
 21 The Directors of the Northern Comi^any shall, within 
 fourteen days after the confirmation of this Agreement and 
 thereafter ill the event of the ofiie,' being vacant'.'from time to 
 cime appjint one auditor, and tin? Directors of the North-Wes 
 tern ( 'ompany shall, within the like time and in the like event 
 appo.nt another auditor of the accounts of tlie Executive Com- 
 mittee ; and withm fourteen days after ihe appointment of the 
 audi .,r, who shall be secomlly appointed after the date fixed 
 or the coming into operation of this Agreement, and with ,i 
 fourteen days alter every succeeding app.)intment, the two 
 ilm.,lan,ht,,r auditors for the time being shall appoint a thinl auditor, who 
 pointell. '•'^ t^' ^^'^ '^« umpire between such auditors in the event of dis 
 
 agivement between them ; and if within such resi)ective periods 
 ot tourteen_ days a tliird auditor be not appointed as aforesaid 
 the Executive Conimittee shall appoint such thir.l auditor ; an.i 
 tlie said auditors shall at all reasonable times and under such 
 reasonable regulations as the Executive Committee shall fr.Ma 
 
 l^^Z::^'''^"''''^''^^^"^''^''-^'^ ^'"' ^^^^^'^ t^ '-^'1 >^o<'ks and ac- 
 ,to. counts ot tlie Executive Committee, with power to take ex- 
 
 tracts therefrom and copies thereof for the use of tlie Comwi- 
 nies respectively. In the event of one au.litor only bein- L- 
 pomted m accordance with the foregoing provisions, the Dir.-c- 
 tors ot the Company who appointed such auditor may re.iuire 
 the other Con.puny 1^^ notice in writing, to appoint another 
 auditor on their behalf, and if they shall fail to make such an 
 
 appointment 
 
 If only (ino 
 auditor np- 
 poiiited. 
 
V. CO, 
 
 iabilitifs of 
 n of wliich 
 
 VQ as .'it'oiv- 
 
 :e fither of 
 present or 
 Provi.lcil^ 
 lie exercise- 
 itmets and 
 supplies ur 
 pensi'^.aii.l 
 
 con t I'd 1 all 
 ;• aiTani^vil 
 )i: account 
 and ,,f all 
 ikini;-, aiiij 
 each siiL'- 
 he coming 
 I just and 
 irseincnts. 
 X months' 
 ■en or fur- 
 i-West.-in 
 ipoctiw'ly. 
 
 vlJ, witiiin 
 ini-nt, and 
 \n time to 
 irtli-Wes- 
 ike evt-nt, 
 tive (.'dih- 
 'ut of the 
 late fixed 
 id with u 
 the two 
 itor, who 
 it of dis- 
 "0 pei'iods 
 xfon^'said, 
 itor; aii(l 
 uler siich 
 hall from 
 s and ac- 
 ta ke ex- 
 ' (\)in[ia- 
 leing ap- 
 he Direc- 
 y reciuiro 
 another 
 J such an 
 ointment 
 
 ACHKE 
 
 MKNT I'.ETWEKN N. UY. CO. & H. k N. W. RY. CO. 
 
 '241 
 
 W 
 
 ai.iiointment, then at or after tlie expiration of ten days from 
 
 till' service of such notice, tlie one auditor so appointed shall 
 
 act for hoth Companies; Provided always that the Directors of I'ivinIm). 
 
 the Company in default may afterwards appoint an auditor on 
 
 tlx'ir behalf" hut to act only in rei^ard to the audit of accounts 
 
 suliseipient to such appointment. 
 
 i'l. The Executive Committee may appoint and may from k^. (■„,„. m.^y 
 tin'e to time remove and replace a joint a,-vnt to act for both 'j^l^'i^fi^^Jjj^;^. 
 Coinpanies in London. Eni^land, for all matters relating to the a7„i. 
 liiisiness entrusted to the Executive Committee. 
 
 ■2'.]. At the re([uest of the Executive Committee the Directors Kv.n.tiw 
 f'tl'ie Northern Company an.l the Directors of ihe ^'^''tli- ^'v'"','''^|;.';,, 
 A'estern Company respectively may, trom time to time, ap- ,.,.,,r,-enta- 
 M.int an eciual nu'mber of representatives in London, Eii'^laud, tives in Lon- 
 
 1 . . , ,• , 1 r 1 it 'Li. A" , '.;«<-.^ (It'll r^Xt'i'lltlV *' 
 
 being respectively members ot the London tomnutteo ot ^ '^ec- (^.„„^„,i^^.,. 
 tors of the Company making the a])pointmi'nt, ami shaP de- 
 le"-ate to such representatives such jiowersaiid functions as the 
 Kxecutive Committee shall recommend ; and the representa- 
 tives so appointed shall act as a joint London Committee cor- 
 responding to the Executive Committee. 
 
 •24. With a view to tlie settlement of any ditferences or di.s- Pu.f.-ivo to iv 
 putes that may arise between the Companies, and to provide a "i'i"'i"te.l. 
 tribunal by which shall be decided any matters referred by the 
 Hoard of Directors of eitlu-r of the Companies, as herein pro- 
 vided, there shall bt- a Referee, as hereinafter provided. 
 
 •^.-) Charles John Brvdg.'S of the citv of Montival, shall be r. .i. l',.y,k'o. 
 and he is herebv appointed to be the first Kefere.'. and shall '^'-t Pu-f.-.v-. 
 hold the office 'of Kef -ree until the thirty-first day of -^jHy, ,. ,_. ^^.j,,^^^;,,,, 
 ,,ne thousand ei^ht hundred and eighty, and afterwards, from ;,,,,„.iuUMi 
 year to year, until he shall die or resign, or become incapable 
 to act, or be replaced afti^r notice as hereinafter provided. 
 
 i(\. Anv four nu-mbersof the E.xecutive Committee, of whoii, x,,tKvf, .-mw 
 the Chairman mav be one, mavat anv time, being not less than K-feiw. 
 throe calen.lar numths before the thirty-first day of Mav ri an} ^^«emb^^^^ 
 year, give notice in writing of their desire that a new Let. fee e-o.^nitt,.,- 
 shall be appointed for the next ensuing year ; and thereupon may siw. 
 the Referee in office shall cease to be U.-feree on the thirty-first JJ^^^tof 
 day of May next ensuing. 
 
 •>7 The Executive ( 'ommittee shall, in the event oE any va- K^ecutivo 
 cancy occurring in the olHce of Referee, or of any such "otice tV''^nuau;o tu 
 as aforesaid being given of a desire that a new Referee be ap- Kef^.,.ee i.y 
 pointed, proceed to^ippoint by tlie unanimous vote of all the ';>;;;;;""'»'^ 
 members voting personally or by proxy (except the Chairman, 
 in case he be not an appointed member), and at a meeting sum- 
 moned for the purpose, after not less than one week's notice ,)„,> „.ook'.^ 
 
 to 
 
 111 
 
 C; 
 
 iiii 
 
 •.)tM 
 
M 
 
 242 
 
 AGREEMENT BETWEEN N. RY. CO. & H. & N. W. RY. C(). 
 
 If Executive 
 <'ciminltteenot 
 atjreed as to 
 IJeferee, 
 
 Each Com- 
 l>iinj' to aj)- 
 Iioint arbitra- 
 tor. 
 
 Third arbitra- 
 tor how ap- 
 pointed. 
 
 Arbitrators to 
 name lleferee. 
 
 Referee to set 
 tie dispute be- 
 tween Compa- 
 nies. 
 
 If by-law etc. 
 be disallowed 
 by one Co. 
 
 i;"''r::uir^d: ^"^ ""^ the member.s of the Committee,, a Referee to fill the va- 
 
 " • cancy, or to succeed as Referee for the following year ; an.l such 
 
 'ivnureofoffloe -Keteree sliall hold ofhce from year to yeai- until he shall die or 
 
 ofnewReferee. resign, or l,ecome incapable to act, or bcrenlaccl at the en-l of 
 
 any year after notice as hereinbefore provided. 
 
 28. In the event of the members of the Executive Commit- 
 
 nl-r'T". ' ^ \' '^^''".^*' "" ^^'^'''' ^''""^ ""^We to agree in 
 then selection, the members appointed by the Northern Com- 
 pany shall nominate one arbitrator, and those appointed by the 
 Nor h-Western Company shall nominate anothVr, an.l the cwo 
 arbitrators so nominated shall nominate a third arbitrator • an.l 
 if within fourteen days from the nomination of such one of tl,c 
 arbitrators as shall be secondly or last nominate a third arbi- 
 nlt ?■ n ' n ^Tt'''''}'''^ ^^ aforesaid, either (^ompany may ap- 
 ly to the Clue Justice of the CJourt of Appeal if Ontario fir 
 the appointment by himof a third arbitrator. An.l the major- 
 
 ,v^ /l .K " V'^'n ^^■^'t'.-^t"^^ rfter consulting with and hear- 
 ing the third shall appomt a Referee, and the Referee so ap- 
 j.-^nited shalMiold ofHce .subject to the same provisions as Z 
 herein contained with reference to a Referee appointed by the 
 -bixecutive Committee. ■^ 
 
 29. Es^ery difference or dispute arising between the Com- 
 panies touching the construction of this Agreement, or any 
 Z 'nfTl = ^f i"g out of; or connected with the same, 
 shall, at the request of the Board of Directors of either Com- 
 nthl: f- T^ **" the Referee for the time being; and among 
 
 er things, If any by-law of the Executive Committee shaH 
 ^ul to be conhrmed, or if any rule, regulation or resolution of 
 the Executive Committee, with reference to the working of the 
 said railways and properties, .shall be disallowed by the B.,ar.l 
 
 sncb t; 1^"' 1 ''"f r?^^^ '^ ^l'^ Companies, the question whether 
 such by-law should be confirmed, or sucli rule, regulation or 
 reso utK,n shall or .sliall not be confirmed, shall, at the request 
 
 tot-Rf f ^ri^"'"'^ °^ '^'' ''^^''' Company, be referrld to 
 such Referee for the time beino- 
 
 ^^.''''■^ The decision of the Referee for the time being on the 
 n atter or matters from time to time referred to him. shall in 
 all cases be hnal and conclusive upon the Companies and the 
 Executive Committee. i cv m uic 
 
 u.:i^to"ret o, J!.;;!!KH«?f ^''^^f^^Sroomoirtconi^in^ shall limit, restrict 
 Company's «! piejudiciahy affect the rights of any holders of bonds chaiv^eil 
 
 wihoiders- Kfs^r^rn:;: ''- ^-^^^^^^^-^^ ^-^-^^^ ^'^ ^^ 
 
 To decide 
 whether same 
 be confirmed 
 or not. 
 
 .V..eenu.nt. 32^ Special ineetings of the Northern Company and of tl 
 of. b> boards -"^ortli- Western Comnanv sliall iwwi,.!,, ^ !.. /^ ,, 
 
 confirmation Nr.vfli AA;-^c* /'i o- -- — ^ -^^ wi tjiLm v.oiin)any an.l 
 
 Noith-Western Company shall be duly convened for tl 
 
 le 
 
 l,r^c■^ .4- li • ''","'' """■" "^ ^uuy coiivenea lor the nw- 
 
 pose of conhriiung and ratifying this Agreement, and i./ tl.e 
 
 event 
 
Y. C( ). 
 
 fill the va- 
 :•; and such 
 ihall (lie, or 
 the eiKl of 
 
 e Commit- 
 to agree in 
 hern Coiii- 
 ited by the 
 id the owe 
 rator ; and 
 one of the 
 third arbi- 
 y may ap- 
 )ntario for 
 the niajor- 
 and hear- 
 iree so ap- 
 oias as are 
 ied by the 
 
 the Com- 
 it, or any 
 the same, 
 iher Coin- 
 nd anion<>' 
 ittee shall 
 olution of 
 ing of the 
 :he Board 
 1 whether 
 ilation or 
 le request 
 eferi'ed to 
 
 ig on the 
 1, shall in 
 s and the 
 
 t, resti'ict 
 
 s chai'ji'ed 
 
 to be af- 
 
 v\ of tlie 
 
 the pu'-- 
 
 id in the 
 
 event 
 
 A(!iti;i:Mi:N'T isktweex <;. t. ry. co. & ii. & n. w. ry. co. 
 
 243 
 
 bei 
 
 ifii 
 
 d bv the 
 
 ovent of the same not being eontirmed as rennn-ed 
 statutes in that behalf ma<le and jn'ovided, the same shall be of KtiVct of ii.m- 
 no efi'eet, and in the event of the same being so <luly confirmed, J''j.'"*i'"':'ti"ii 
 this Agreement shall come into operation as from the first day 
 of June, one thousand eight hundi-ed and seventy-nine, or the When to Im- 
 first day of the month next ensuing after tlie month in which ^i^'^""i "'ra- 
 the last of sncli special meetings as aforesaid may be held, 
 whichever shall last ha))pen. 
 
 In Witness whereof the said parties hei-eto have caused their 
 ("oiporate Seals to be hereto affixed. 
 
 JOHN STUART, [L.S.] 
 
 President, H. .t N. W. R. 
 MAITLAND YOUN(!, 
 
 Secre^aiy. 
 FRANK SMITH, [L.S] 
 
 President. 
 WALTER TOWN SEND, 
 
 Secretary. 
 Signed, sealed and delivered ^ 
 by the Noith-Western Com- .- 
 ])any in |)resence of J 
 
 A. Bruce, of Hamilton, 
 Solicitor, ifcc. 
 
 A<ircnnenf heturev Granil Truid- and IfamiUon it- Xorik- 
 Westerv liailicioj Companiesi, as fo Stafioit at Georgeioirn. 
 
 This Deed made this thirty-first day of October, in the year ••Ust Oi t.,lS7!i. 
 of our Lord (me thousand eight hundred and seventy -nine, by *'•'''• ,|^- J.^'^j 
 and between the Grand Trunk Railway Company of Canada \'y' .j,„^'.^,.t/ 
 of the first part, and the Hamilton and North Western Rail- ' 
 way Company of the second part : 
 
 Whereas, the lines of the said two Companies cross at or i>,,^.it.,i tii.it 
 near (Jeoruetown on the line of the Grand Trunk Railway of lin*-^ iinss at 
 Canada, the said two Companies at tlie point have formed a ^"'''"'■■^'■*"'^'"v 
 junction and have erected teniporary accommodation for passen- 
 gers at said point, partly on the premises or lands of each, and 
 for the maintenance of said accommodation and the continu- 
 ance thereof, have each agreed with the other as follows, that 
 is to say : 
 
 That upon the terms and subject to the agreement herein- Waitin- mom, 
 after contained the waiting-room, platforms, and P^'^'^enger ;-^|^|jj^^J.'j|' j'",^^ 
 accommodation now existing upon the lands shown in red on j„ii,t exiuMi^e 
 the plan annexed hereto, and which are described as follows, "f 
 that is to say,— situate, lying and being in tln' Township of 
 Ksquesing, in the County of Halton, and Province of Ontario, 
 being composed of part of lot number nineteen in tlie eighth 
 
 concession 
 
 )f t\V(l I'o^. 
 
 il 
 
^!l; 
 
 ill 
 
 •J44 
 
 Twii I'o.'s to 
 be joint ciwii- 
 ers. 
 
 Co. re(|niriii:-' 
 reiUDVitl or re- 
 ei'fctioii to 
 ) loar costs. 
 
 If Co.s a;,'ree 
 as to cliange 
 to bear ex- 
 pense e(|uany. 
 
 Either Co. 
 may discon- 
 tinue use on 
 nionths'notice. 
 
 How material 
 to be disposed 
 of. 
 
 Each Co. to 
 pay half taxes, 
 etc. 
 
 Works to be 
 und"!' control 
 of (J. T. 11. as 
 to signals, etc. 
 
 AfiHKKMENT I!P:T\VKEX G. T. MY. CO. & H. & N. W. RV. CO. 
 
 concession of said townsliip and dt'sciihed tlins : Itoing a strip 
 of land lyinfj south of and adjoining,' the niain track of tlif 
 Grand Ti'unk Railway, at the (Jeoryetown junction of tho 
 llaniilton and North Western Railway, as slunvn on the located 
 plan attached heivto, coloured red, and accorilino; to the several 
 dinu'usions marked thereon, shall I'eniain and he contimied aivl 
 maintained at the joint ex|)ense of the said two Companies for 
 their nnitual service and acconnnodation. 
 
 That the two Companies shall be joint owneis of said l)uild- 
 ing and platforms and appliances connected therewith now on 
 said lands, and that the same shall be used only for the inter- 
 change of ti'athc between their respective roads, and that the 
 costs of maintenance of said buildings, platforms, ice, cvC, shall 
 be borne equally by the said two Companies. 
 
 That should at any time cither Com[)any, for the purpose of 
 putting in additional tracks, recjuire the removal of said erec- 
 tions, or any part of them, the Company lequiring said removal 
 shall bear all the costs of such removal and re-erection and 
 fitting in all respects for the purpose aforesaid, and all expenses 
 caused to the other by such change, the mode of removal and 
 re-erection to be agreed upon by the two Companies before tho 
 work is commenced. 
 
 If, however, the two Companies, for their nmtual advantage 
 agree on the removal of the buildings and platforms, or 
 any part of them, for their respective convenience, then, and 
 in such case, the change shall be made as the parties shall first 
 agree upon, and the costs and expenses shall in that case be 
 borne equally by the said parties hereto ; but in all cases of 
 change the new arrangement or site and mattei's connected 
 therewith shall, before any change is conunenced, be agreed 
 upon l)y the parties hereto. 
 
 That, if either of the said parties hereto at any time desire 
 to discontinue the use of the said erections, platforms, and ap- 
 pliances connected therewith, either Company so desiring shall 
 have power to so discontinue upon giving to the other six 
 months' notice of such desire and their intention to so discon- 
 tinue, and in that case the materials used in the construction 
 of said waiting-room and platforms shall be disposed of as the 
 parties may agree, or, failing agreement, by public auction, for 
 cash, and the proceeds, after deducting costs of sale, &c., in case 
 of sale, shall be etpially divided between the parties hereto, 
 and in either case, this agreement and everything contained 
 therein shall fronr thenceforth be at an end, and each party 
 shall be an' I stand in the ; ame position as regards the lands 
 above described that they resi)ectively held before the erection 
 of said waiting-room, platforms, kc, (Jirc, above mentioned. 
 
 That in the uattter of taxes, anything assessed upon said 
 premises shall be paid by said Companies, each paying one- 
 half. 
 
 That the said platforms, the waiting-room, and all switches, 
 siiinals, and audi like matters, sliull lie u]idir tlic cuntrol of the 
 Grand Trunk Railway Company of Canada, and their superin- 
 tendent 
 
:^f 
 
 . UV. CO. 
 
 lieing a strip 
 track of tlic 
 ,'tion of till' 
 II tile located 
 
 tilt', .several 
 •ntimieil aivl 
 ompanies for 
 
 )f said biiild- 
 with now on 
 or the int«'r- 
 iiid tliat the 
 cc, vcc, .sliall 
 
 e purpose of 
 of said erec- 
 said removal 
 erection and 
 all expenscN 
 removal and 
 es before the 
 
 xl advantage 
 latforms, or 
 :e, then, and 
 es shall first 
 that case be 
 L all cases of 
 •s connected 
 1, be agreed 
 
 r time desire 
 rms, and ap- 
 iesiring shall 
 le other six 
 to so discon- 
 construction 
 ied of as the 
 
 1 auction, for 
 3, &c., in case 
 rties hereto, 
 ig contained 
 I each party 
 ds the lands 
 
 the erection 
 ntioned. 
 d upon said 
 
 paying one- 
 all switches, 
 uiilrul of the 
 heir superin- 
 tendent 
 
 A(iI!EEMENT HETWKEN II. k In. W. HV. < O. .»c U. T. UY. 
 
 '-I45 
 
 [indent shall in all matters relating to the woiking thereof 
 lia\'' ab.solutc power and authority. 
 
 Eiicli of the above nan»ed (jomj)anies hereby covenant with J'""''i,-';r?J;".'"''' 
 the other to abi<Ie by, keep, and perform the agreement al)ove ayictinent. 
 inntained according to the spirit, true intent and meaning 
 tilt leof in all respects. 
 
 Ik witness whereof the said parties hereunto have to these 
 presents utKxed their corporate seals on the day and in the 
 \(.ar first above written. 
 
 signed, seah^d, and delivered j 
 
 in flio nri'sipnno cif V 
 
 ^ JuilN Stuaut, 
 in the presence Of - OHA^M> Trunk RviL^^'"''"-' 
 
 GfORGE WeHH. ) WAY CnMPANY OF 
 
 (LVNADA, jiJC 
 I\. AVrIOHT. J. HlCKSON, 
 
 General Manager. [Seal.] 
 
 A<jreemei}thefr''eev the ILnnlltun <t' Xorth-]yeHtern and Grand 
 Trunk Railvxiy Companies, a.s to Imitation at Caledonia. 
 
 Thi!3 Indenture made this sixth day of ]\Iay in the year of <Jth May, i8so 
 uur Lord one thousand eight hundred and eighty. 
 
 Between The Hamilton and Xorth Western Raihva.]/ Com- h. .t N. \v. 
 ■pan;/ of the first part, and '^•■^'' i""*^- 
 
 The Grand Trunk Railv:ay Company of Canada of the(j.T. r. 
 second part. ^^mmX part. 
 
 Whereas the station buildings and appurtenances thereto itocital - 
 belonging at the Village of Caledonia, in the County of Haldi- fJ^S^lSJa 
 mand, erected and being on that portion of the lands referred at joint ex- 
 to in the annexed diagram marked in yellow, were erected at i"^"'**^ "^ *-"'*• 
 the joint expense of the parties hereto, and are now used and 
 engaged in common by them as a union station ; 
 
 And whereas that part of the said lands so marked in yellow Recital that 
 which is taken out of the parcel of land jnarkcd in pink on *gj!^'j',i a^l t<. 
 said diagram and lies between the land marked pink and the each otlier un- 
 black dotted line is owned by the parties hereto of_ the first JiiS 'i;;'^ 
 part, and the other part of said lands so marked in yellow, station. 
 Avhich is taken out of the lands marked in blue on said diagram 
 and lies l)etween such parcel marked in blue and said dotted 
 line as also that extended in vellow beyond said dotted line, 
 but taken out of he part marked in lilue, is owned by the 
 parties hereto of lue second part ; 
 
 And whereas it has been agreed that the res[)ective parties 
 
 hereto 
 
[[. <lt N. W 
 
 iriuiit tip (i. 
 Ii. half uii 
 viili'd inti'it 
 in :<tiitiiiii 
 
 -40 AUHKKMKNT IIKTWKKN l{. * X. W. 1!Y. CO. >V (;. T. liV. 
 
 licrcto sliotild execute to tlie otluT of them a <lee(l vi'stini; in 
 the other of them one Imlf interest in the said station hiuld- 
 inj,rs, platforms, and all the erecticms ai)pnrtenant to the 
 said station and situate on the said lands so marked in 
 yellow in order that each o{ the parties should hecome 
 owner of the undivided half interest in the said station 
 huildin',^s and erections, situate on the said land marked in 
 yellow on the said diagram, but with the clear and distinct 
 understanding and agreement that each should retain, and con- 
 tinue to hold their respective lands on which said station and 
 erections are situate to tliemselves, and without parting with 
 tlie ownership thert>of, the possession of each for the purpose 
 of retaining the said ownership to he taken as the occupution 
 and j^ ossession of their respective parts so owned by thorn as 
 afi^resaid : 
 
 Mow therefore this Indenture witnesseth that, in oonsid- 
 .'• eration of the premises and of the sum of one dollar of law- 
 rst ful money of Canada now paid by the parties of the second 
 •*'•• part, the receipt whereof is hereby acknowledged they tlie 
 parties of the first part, do hereby grant and convey unto the 
 parties of the second part their succ'.\ssoi-s and assigns, one un- 
 divided lialf of the station, buildings, platforms, and erections 
 appurtenant to the said station all of which are situate on that 
 part of the lands shown on the diagram annexed hereto in yel- 
 low, and which were .'vected and are used by the parties liereto 
 for and in connection with the Union station above mentioned 
 at Caledonia aforesaid and which said lands so shown in yellow 
 on said diagram, are part of lot numbei' eleven on the west side 
 of the Hamilton and Port Dover i)lank road, in the Township of 
 Seneca, in the County of Haldimand. 
 
 «;.;r. iJ.^Ki-ai.t And this Indenture furthei- witnesseth that in considei-ation 
 " " " aI\ °^. ^'/^' pi-eniises and of the sum of one dollar of lawful money 
 stii- of Canada, now paid by the parties of the first [lart to the par- 
 ties of the second pai't the reeeii)t wliereof is hereby bv them 
 acknowledged they the parties of the seconil part do grant and 
 convey unto the parties of the first part their successors an«l 
 assigns one undivided half of the station buildings, platforms, 
 and erections appertaining to the said station, all of which are 
 situate on that part of the lands shown on the said diagram 
 annexed hereto in yellow and which were erected and are^'used 
 l)y the parties hereto for and in connection with the Union 
 station above mentioned at Caledonia, aforesaid and which 
 said lands st) shown in yellow on said diagram are part of lot 
 eleven last above mentioned. 
 
 To have and to hold the said one half of said station build- 
 ings, erections and appurtenances aforesaid unto and to the use 
 of the parties of the first and of the second parts respectively 
 as above mentioned, their successors and assi<m,s 
 
 Provided 
 
 to H. &N 
 
 half undiv 
 iiitt'icst in 
 til ins etc. 
 
Ai.nKEMENT ItKTWEEN N. IIY. CO., II. & N. W. IIY. V., k C. V. 1!Y. CO. 
 
 t24; 
 
 I'lovidod however and it is expressly declared tliis Indenture ^'^"'^l";'; J'';, 
 vv iinytlinig therein contained shall not ha taKt'n or lield tofjive ,,f ntli.r on 
 tn vhhvv i)artv any interest in the hinds of the other on which whuh l.uiM- 
 tlu' huildmgs and erections which tonn tlie snl>H'Ct niattei oi 
 this conveyance are situate ; each party durint; the eontinuance 
 of the sai'il Union station shall he; taken as in occupation of 
 tliciriespeclive parts of tlu- lands used for said purposes. 
 
 And the parties hereto do herehy nnitually for th' mselves, Cuvtiiants. 
 tlu'ir successors and assigns, covenant and agree to and with 
 each other as follows : 
 
 That the said buildings :md their appurtenances shall he hel.l J;;Sd",'';|'- ' 
 and engaged in conuuon hy them for the purposes of a Union coimnou. 
 station at Caledonia aforesaid. 
 
 That they shall each execute to the other s-.ch f'ii't1>*^i- as- J';;^;;'^;';'*^^^ 
 surances of the said buildings, erections and apinirtenances as ancoH, if re- 
 may be reciuisite. ''""'='*• 
 
 That they each shall have peaceable possession of the said f|^'i,^i;,|^"',^, 
 buildings and erections with the other of them for the purposes «es^ion 
 and to the intent above mentioned. 
 
 In witness whereof the said parties hereto have hereunto 
 caused their respective seals to be affixed on the day and year 
 tirst above written. 
 
 Signed, sealed, and delivereil \ 
 in presence of ( 
 
 George Weijb. { 
 
 John St l' art, 
 
 President. 
 
 ill 
 
 Grand Trunk Railway Company of Canada. 
 
 J. HlCKSDN, 
 
 Witness : General Manager. 
 
 R. Wright. 
 
 Agreement betvecn Noiihern and Hamilton & Novth-Western 
 and Credit Valle'j Raihmy Companies, as to Station at 
 S[i(jo. 
 
 This Agreement, made the tenth day '.f November, one A^'j-t^ment 
 
 _, 1 1 I'll. lUtU *N0\ . looU. 
 
 thousand eight hundred and eighty, 
 Between 
 
 he Northern Railway Company o; Canada an<l the Hamil- J-j?^\V.'llv' 
 luii and North-Westein Railway Company, of the first part, (-„., i^t part, 
 and the Credit Valley Railway Company of the second p^rt and c. \ . K., 
 
 Th 
 ton 
 
AOIIEEMF.NT HlVrWEEX N. RV. CO., H. & N. \V. RV. CO. & c. V. UV, 
 
 CO. 
 
 i.'ital -i)!ir- 
 1st part 
 
 n. istpm ^^"KRKA« til.- imiti.vs of tlie first part l.avo oivct...! f..r tho 
 have eivctecl ptnposes ot tlifir l.tismfss a froi^^ht and passeiiLtvi- station at th(> 
 Htation at \ ,lla-o of Sligo, OH tl»e line of the Hamilton and Noith-West.Mn 
 uailway ; 
 
 Hn;-n^;.r"'' An.lVheims the parties of the secon.l imrt l.ave api.lied to 
 the parties of tlie hrst part to ^Lrrant them, for the nurimses nf 
 th.ir business, tlie joi»it use of the said station, whicli the said 
 parties ot the Hi-st part have a<,rreed to do upon the terms and 
 conditions hereinafter mentioned ; 
 
 Now it is hereby a<,n'eed as follows : — 
 
 Co.s ti) use 
 station jdiiitly 
 
 <*. V. H. to 
 
 I lay S-'i'.i a yt-ar 
 ill inontlily in- 
 stalini'iits. 
 
 Station agent 
 of thi-N. &N, 
 W. to have 
 control. 
 
 In event of 
 nonp.aynu'iit 
 of rent, right 
 t<i cease. 
 
 IfC. V. ]J. 
 
 ijhjects to 
 agent, he to be 
 ilisniissed liy 
 N. &N. W.,if 
 rharges well 
 founded. 
 
 1. The said parties of the first part hereby gmnt to the said 
 ])arties of the second pait the right to occujiv and use, for tlio 
 pui-jmses of their business, the said station at the said Village 
 of Shgo, jointly and in common with the said parties of the 
 first part. 
 
 2. The said parties of the second part shall, for such use ami 
 occupation of the said station, pay to the said parties of the Hrst 
 part yearly tlu" sum of fifty-three dollars, in monthly payments 
 ot i<4.42, each on the first day of each month, and also at the 
 same tune one-half of all the expense, including salaries and 
 wages, incurred in maintaining and working said station and 
 premises. 
 
 3. The station agent for the time being of the said jiarties of 
 the first part shall have sole control and management of the 
 said station and premises, and all persons in the employment of 
 the said parties of the second part shall be subject to h'is orders. 
 
 4. In the event of non-iiaymt-nt by the said parties of the 
 second part for the si)ace of three months of anv monevs pav- 
 able under this Agreement, then it shall be lawful for the sa'id 
 parties of tlie first part, by notice in writing, to put an end to 
 these presents, and thereafter the right to use and occupy the 
 sai(l .station by the said parties of the second part shall forth- 
 with cease and be determined. 
 
 5. If the said parties of the .second part shall at any time 
 have cause of complaint against the agent for the time' bein- 
 of the said parties of the first part at the said station, thev shatl 
 be entitled to give notice in writing to the said parties of the 
 first part of their grounds of complaint, and if, upon investi<'a- 
 tion by the said parties of the first part, the .same are proved 
 to be well founded, then it shall be the duty of the said parties 
 of the first part, at the expiration of one laonth from the o-iv- 
 ing of such notice, to dismiss such agent, and to appoint some 
 proper person in his place and stead. 
 
 G. Either of the parties hereto may, at any time after two 
 ^•ears from the date of this Agreement, put an end to t\v< 
 Agreement, by giving to the other three months' notice in writ- 
 
 ing of their desire so to do 
 
 The Credit Valley Railway Company, per 
 
 [L.S. 
 
 W»si«sHi^HHgii 
 
^ 
 
 :. V. uv. CO. 
 
 oil for tho 
 ition at the 
 fh-West..'in 
 
 ai»l>lit'd trt 
 
 lurpo.ses of 
 
 d\ the saiil 
 
 terms ami 
 
 ACUKEMKNT IWITWEKN N. UY. CO. 
 
 * II. fc N. W. RY.. ro. 
 
 (L.S. 
 
 C!. LAID LAW, C'vo.Ut 
 
 PreHiibnt. ValU'V Raihvay 
 Oiitario.] 
 
 (Si-MKMl) HENRY E.SI'CKLINC;, 
 
 Witness : 
 
 R. A. llUTTAN. 
 
 240 
 
 to the sail! 
 ISO, for tho 
 Eii<l VillaLre 
 ties of the 
 
 ell use and 
 of tlie fii'st 
 ■l)ay merits 
 also at tho 
 .lai'ies and 
 iation anil 
 
 I parties of 
 ent of tlio 
 loynient of 
 
 liis orders, 
 ties of tho 
 meys jiay- 
 jr the said 
 
 an end to 
 )ccni)y the 
 hall torth- 
 
 : any time 
 iine being 
 they shall 
 iies of the 
 investijLja- 
 ire proved 
 lifl parties 
 n the giv- 
 )oint some 
 
 after two 
 id to thi< 
 ?e in writ- 
 
 [L.S. 
 
 I mrejivnt helveen Northern and Ilamilton <(• Korth -West era 
 ' RuUi'-n^i Vomimnh->^, ax to ws>ie of Jonit Worh-inu ami 
 Kifuipinient bonds. 
 
 This Agreement, made the twenty-first .lay of Fel.ruary,2iHtFei,..i88i. 
 A.I)., 18«1, 
 
 Bftween the Northern Railway ('onipany of Canada (here- Xorthorn Kail- 
 intSrcTlh I the Northern C.nfpany), of the first part and w^y M , .art 
 the Hamilto.1 and North-Western Railway Company (here- H.u,nlt,m ami 
 
 pany), of the second ^,.,, j{,^,,,,.^y 
 
 iiiafter called the North-Western Comp 
 part. 
 
 'Jnd i>art. 
 
 Whereas the said two Companies entered into an agreement ^^I'^^.l.i.f'^^- 
 ].earin- date the sixth day of June. A.D. 1879 for the jonit ,une, 1S70. 
 working of their railways, including any and every rail- 
 way in connection therewith, an<l such railways have been 
 worked under such agreement since the first day ot .Uily, 
 V 1~) 1879 
 
 ' And whereas, for the more eflieient and economical working Recital,. .ce. 
 of the said railways, it has become necessary to change tnt ..f.^u^enn 
 /auge orthe Nortiem from five feet six ---1-^ ;5 ^ G niO to N,.vth,.rn, etc 
 the standard gauge of four feet eight and a-hall inches 4 t 
 NV in.), to provide further rolling stock and e.iu.pment to meet 
 tlie requirements of the increased trafiic of the said two rail- p^^ther .oil. 
 ways,ls well as that likely to result from connections with the n.. stock. 
 Ontario and Pacific Junction Railway, to improve and extend 
 ce.tai.1 stations, sidings, and junetioii lines, ^'^^'IJ^^''^^ ^::^r 
 tain leased lands and properties with a vievv to the bettei in « u.u 
 te hange and operation of the joint trafiic, and to provide 
 workin- capital necessary to the economical operation of the 
 
 ^'li^^^^SSSs of the said two Companies have .^^^e. 
 aoreed that additional capital is necessary, and shoiikl tiom ^.^^^^i,, ,,^j,it^i 
 til lie to time be raised for the purposes aforesaid by the issue uece.a.v. 
 of joint working and equipment bonds of the respective Com- 
 panies to the aggregate amounts, according to he particulars, 
 and subject to the pow.rs, limitations and confirmations here- 
 hmfter provided, and that the Executive Committee, appointed 
 uler such agreement, should have power conferred on them 
 to deal with°the expenditure of the moneys to be raised by 
 such bonds, and have entered into this agreement. ^;;; £ Jo 
 
 li 
 
XcilllllTll tn 
 isNilf jnillt 
 
 t'>|iiii>ini'iit 
 
 linlll'i for 
 
 fl.U.IWA) 
 htfilinx^, iii.i'i 
 I'st lit (j ptr 
 fi'iit. 
 
 I'liiK ijiiil iif 
 
 ■<lull lliilllls 
 
 ■111.' 1,-t Julv, 
 l'.M)L', intoi.Nt 
 lialf-veaily 
 whcreiPttyable 
 
 •Such boiKiM ti) 
 rank aftt-r t-x- 
 istiiig l)i)ii(l.s 
 cif coiii|paiiy. 
 
 Nortli-Wf.-it- 
 ei'ii to ixnwe 
 joint working' 
 an(le<|iiii)nient 
 IkphiIm for t'W) . 
 OOOsterlhij,' 
 with intert'st 
 ut t> i)er Cfnt. 
 
 Principal (hif 
 1st June, IS'JK 
 
 Tiiterewt when 
 and where 
 l)a;. ab'e. 
 
 Such Inmils to 
 rank after ex- 
 isting,' lionils of 
 coniiiany. 
 
 ACRKEMKXT BKTWKKN N. IIY. CO. k II. .^ N. w. UY. CO, 
 
 uutl.u.ity to issiio sudi lH.n.l,slM-i.i--mnte.l l,v tlir I»arliau...nt> 
 ot the Donmunn ot Caiuula an.l of tli,- I'luvincc of O- taii.. 
 respectively, as hereinafter also proviileil. 
 
 Now this A-,n-eeinont witnosseth tliai the sai<l two c;,,,,,. 
 panies do a-,'ree to<,'ether as iollcws :— 
 
 /V;w/ The Nortliern sliall, uiuler au.l .sul.ject to the auth.,ritv 
 hereinatter mentioned, ksue tVoni time to time, and as inav l.V 
 n.iuued, "joint workin- and e.|nipnu'nt honds" of the amount 
 . (.t one liundivd puunds sterlinu. vnrh, hearinj^ interest at a rat., 
 not exceeding' six per cent, per annum, sueh issu.' in the wh..ic 
 nnttoexee-d one huiuhed and thirty-four thousand poun.l^ 
 sterling. ^ 
 
 The principal of sucli l..)nds shall he ma.le payal.Ie on tl.o 
 hrst Juiy A.D. 1002. and the interest thereon hdf-yearly „„ 
 the hist days ot January and July in each year, and'the min- 
 eipal and interest shall he payal.Ie at such place, aiul the in- 
 teiMwt shall be at such rate, as the Directors of the Companv 
 wi [h the approval of the Execnti v.- ( 'ommittee, shall <leterminV 
 
 And .sucli joint working; and cpiipmeMt l.„nd.s shall (onsti- 
 tnte a hen or charge upon the real and personal property, tolN 
 and revenues of the Northern, next after the exiJting honds of 
 that Company, aiid the interest thereon shall he paid next after 
 imy'.ient ot the interest on such existing bonds. 
 
 Seco>Hl~-Thp North-Westei-n shall, under and subject to thr 
 authority hereinafter meniioned, issue from time to time and 
 a^ may be required, "joint working and e.pii])ment bonds'" of 
 the amount ot one hundre<l pounds sterling each, boarin^r in- 
 terest at a rate not exceeding six per cent, per annum, such 
 issue, n the whole not to exceed sixty-.six thousand pounds 
 sterling_ Tlie principal of such bonds shall be made payable 
 on the hrst day of June, 1«'J8, and the interest thereon half- 
 year y, on tlie hrst .lays of June and December in each yeai' 
 and le principal and interest shall be payable at such place,' 
 and the interest shall be at such rate, as the Directors of th.' 
 said Company may determine. And sueh "joint workin.- an/l 
 e,pupment bonds 'shall form a claim and charge upon th- 
 nn.lertakmg and the real and personal property of the said 
 Company, svbject, however, to the claim and charge thereon of 
 the existing bonds ot the said Company, and the interest there- 
 on shall be paid next alter tin; payment of the interest on such 
 
 existing bonds 
 
 sary'!m'thoHtv „ ^f *'"'^-— "Upon the necessary authority being obtained foi^ 
 obtained. the issue by the respective Companies of such joint workin- 
 ^r'Z:i,y ^^^ eqiupnient bonds, it shall be the duty of thl Directors ol' 
 to execute oach Company to execute the said bonds to the amounts above 
 bonds. respectively set forth, aiul to deposit the same, subj"^ to the 
 
 W^S:;;^^!^' ^'■^^'^- -^ the said Executive Committee, in and wit!li •!:;;ci. el^l- 
 
 tered 
 
!i' 
 
 Y. en. 
 
 'ailiaiiicnts 
 of O' tuiit., 
 
 two CJoii 
 
 authority 
 
 1 as may li'i; 
 the aiiioiiiit 
 •st at a rate 
 
 I tho whole 
 
 nd poiiiids 
 
 ihle oil tlir 
 f-y early i>u 
 
 • I the prin- 
 iJul tlio in- 
 
 (jornpany, 
 
 • leteiDiiue. 
 luill consti- 
 perty, tolK 
 g hoiid.s of 
 
 next after 
 
 'ject to till' 
 » time, and 
 bonds " of 
 •earinfif in- 
 niim, such 
 id pounds 
 le payalilc 
 Jreon lialf- 
 oacli yoai', 
 uich place, 
 ■oi's of tlie 
 )rkinyand 
 upon the 
 f tlie said 
 thereon of 
 I'est tliere- 
 st on such 
 
 ;ained fen' 
 t workinj4 
 irectors of 
 mts above 
 eet to the 
 iuch chai- 
 tercd 
 
 A'.REEMKNT llETWEEN N. ilV. (.<», .V: 11. .V N. W. UY. I'n. 
 
 251 
 
 I d Bank within tho Provlnct- of Ontario, as thi' said Kxecu- 
 Committee may I)'- ninatt and dirt'ct. 
 
 ,viid the said Kxe'.utive < 'omndttet; sliall have power to raise KAe.MitiM' 
 1 iiey, from time to time, by tlic sale, j)!ed;,'e, or hypotheeatimi |,'|','"'"l!i'|*^'''' 
 
 «uch Itonds oi' of any part or parts thereof, ami in such i,i,.rl-f, .'ti,, 
 maimer as tliey may deem meet : provided alwnys, that in any '"'"''*• 
 jiartial issue, sali', pledge, or h'pothccation oi' application of Any imvtiul 
 fhf said bonds by the said Kxeeutive Committee to th(' pm- j|j|y|';;,j:'','''^, 
 poses aforesaid, sucli partial issue, sale, pledge, hypothecation ivhiviiIs Nnrtl,. 
 oi' application shall be in a rateable proportion of the bonds of ','';j| * ^^■'"\\,'. 
 riich Company as aforenamed, tliat. is to say, as one luuidred Wrwtrrnc.f 
 and ihirty-fo'ur poumls of the Northern issue is to sixty-six !•" t"''''- 
 pounds of the North-Western issue: and provided "•'*<^ ^^''^^ ''^'^^'''!'r'';'f 'il^^,. 
 tin- exeicise of the powds and authorities licreliy conferred |',','tivi.('niii'- 
 upon the said Executive Comnuttee, shall 1)e subjeet to coidir- }^',''^;,';|^'",', 'l^'' ' 
 luation by the Directors of the two Companies respectively, o»' u.mllf n'ii'f- 
 in case of their disagreement, by tlie Referee, as provided f<>i' '■''■'J ;\'' ';/;['''' '' 
 in the said agreement of the sixth day of June, A.D. 1.S7U : and ',',!|,'„'t tiu.'Ii'tl, 
 provided further, that none of the said bo;, i liereby autlior- .luno, l»"'.'. 
 i/ed shall be sold, pledged or hypothecated, unless and until N..l)on.l-.s..M. 
 the same shall have been hrst countersigned by the Cliairmaii t,.,si.„'m'.l i-y 
 and Secretary respectively for the time being of the said Exe- ciiairinan ami 
 cutive Committee. And the moneys arising ()ut of any s'^'h Jr^'^*'^\''^'^" 
 sale, pledge, or hypothec 'ion shall be- received by the .said 
 Executive Committee, and .shall be used and applied l)y them 
 for the purjioses aforesaid, and in the manner, and to the extent 
 as follows, that is tg .s-iy : out of the proceeds of the sale, pledge, 
 or hypothecation of the aggregate issue of one hundred and .*i(io,0()o ..f 
 thirty-four thousand pounds .stei-ling, to be made by the North- ii;;^"'!,,,,,!, 
 ein Company as aforesaid, the said executive Committee shall to lit- wt apart 
 reserve and apportion one liundred thousand dollars, part there- ^^^JJ^^'hZI. 
 <jf, to the separate use and benefit of the Northern Company, 
 and shall trans/r and pay over the same to the Northern Com- 
 pany on its demand and from time to time, as the said Execu- 
 tive Committee may deem meet and convenient; and out of 
 the proceeds of the sale, iiledge or hypothecation of the aggre- 
 
 ^. ... • ii 1 1 J. 1- 11 ..... I., 1.,. •S(>0,fKK) ut 
 
 gate i.ssue ot sixty-six thousand pounds sterling, to iKMuade hy jr,j;„iH,m & 
 X.he North-Western Company as aforesaid, the said Plxecutivi- Xi.rth- West- 
 Committee shall reserve and api)orti()n sixty thousand 'l"llars, ^;™J;;''.;'|,';^J;' 
 part thereof, to the sejiarate use and lienetit of the North- for «.<vv,(n,(v 
 Western Company, and shall transfer and pay over the sam(_> ;^4;^,;J)oXn'...f 
 to the North-Western Company on its demand, and from time N,,t to bepaia 
 to time, as the said Executive i'ommittee maycleem meet and j;^;;',',^;.' ";\'',',;. 
 convenient : provided always, that in respect of forty thousand Western tui 
 dollars, imrt of the sum to be reserved and apportioned to the Jl;;;;;!'/}"^;'''-- 
 North-Western Company as aforesaid, the same .shall net l)e ,,r„,,erty ami 
 transferred and paid over, unless and until tho Hamilton Ele- ;;'"l,r^^:;:;;[^;;;' 
 vator .shall have acquired by, and become the proi>erty (>f the After this ir- 
 North-Western Company, and shall have been placed at the servationj-al- 
 dispo.sal of the said two Companies, and suVjject to the control ;",",,'iie,'i 
 of the said Executive Committee as liereinafter provided ; and to joint imi 
 
 flip I" •--•■< "\ 
 
 ^ ^ cuinpanie.s. 
 
 t 
 
 !/il 
 
w 
 
 li 
 
 252 
 
 < 'liiiii),'ini,' 
 guusf, etc., 
 Hurcluisiiii,' 
 new niUing 
 stock, etc. 
 J'JxteiKliiii^.'iid- 
 
 iiig Htationn. 
 ( "instructing 
 junct'Di. l)e- 
 tween niiiiii 
 lines at 
 Allandiile. 
 Dc' iatiim lint? 
 in Colling- 
 
 %V>)(h1. 
 
 I'ayment nf 
 lialiilities in 
 snsiiense capi- 
 tiil stock. 
 
 (Jenerally in 
 iniprovinj,' the 
 working iiower 
 of railways. 
 
 Any such 
 nioveiihle pro- 
 perty, &c., 
 ileenietl adili- 
 tions to that of 
 two rompa- 
 nie .. 
 
 To be apprais- 
 ed on termina- 
 tion of agree- 
 ment of 187!l. 
 
 AGRKP^MKNT BETWEEN N RY. CO. & II. k X, W. RY. CO. 
 
 tlie balance of the said proceeds shall be apiilied to the joint 
 purpo.-es of the (*oaipaiiies, in changing the i;'au_r;e of tlir 
 tracks, and of the locomotives, and cairia^ies, and rolling stock 
 of the Northern Railway, in the purchase of snoh new loco- 
 motive eno'ines, carriages, rolling stock, and other equipments 
 of the railway.s, in extending the sidings and improving the 
 station accommodation thereof, in constrticting a junction 
 line between the main lines of <^he i';iilways at xvliandule,— 
 in constructing a deviation line of laihv.iy in the town of 
 ( 'ollingwood as already in progress, — in the payment of the 
 liabilities on " suspense capital acount " already incurred, 
 in the provision of various works and ecpiipments of 
 the railways, by order of the said Executive Committee, and 
 properly chargeable to capital account — and generally to such 
 other purposes in adding to, impr jving, and extending the 
 facilities, an 1 the transport, and the earning power of the 
 railways, arid such othei- expenditure on capital account, as 
 the said Executive C'onmiittee may, from time to time, deem 
 meet and proper. And any .such moveal)lo property, as shall 
 be hereafter purchased mider this Agi'eement, as well as that 
 already }»urchased, and included in the " Suspense Capital 
 Account" aforenamed, shall be considered additions to the 
 moveable j)ro])ei'ty of the said two Conn»anies, and at the ex['i- 
 ration of the term in the said Agreement of the sixth day uf 
 June, A. D. 1879 mentioned, the provisions in the said Agree- 
 ment, as to the appraisement and division of moveable pro- 
 perty shall apply thereto, s fully and etie'.'tually as if the same 
 liad been incorporate'" ' ,.'rein. 
 
 Leaseof North Fourth. — The lease of the North Simcr.c Riiilway to the 
 way, iinh Jan. l>oi'ti>ern Company, dated the nmeteentJi day ol January, 18bl, 
 issi, confirm- is hereby confirmed, and the ai.unuvl payment or rental to lio 
 sis,ooo,"reco.r- P'^^i^^ ^'^ res])ect there»)f, »iot exceeding eighteen thousand dollas 
 nisedasp.'irtof per aununi, is hereby recognised and contirmed as a charge 
 N'rorkingex-^ "l'*^'i ^^""^^ P'^i"t of the annual joint working expenses as detincil 
 pense.s under in the Agreement of the sixth day of June, A. D. 1879, afoie- 
 
 agreen.entof mentioned. 
 
 Xorth-West- 
 ern agi'ees 
 to jmrchase 
 ifanulton 
 Klevator. 
 
 Same to be 
 placed un<ler 
 control of 
 Kxeciitive. . 
 
 When 80 
 placed Hamil- 
 ton and North- 
 western enti- 
 thvl to !<10,(R)() 
 
 Fiflh. — The North-Westei'n Company heicby agrees and 
 undertakes to purchase at its own sdic cost and expense the 
 property known as the Hamilton Elevator, and to procure 
 the ,same to be conveyed to and vested in the said North- 
 Western Company, and immediately thereu[)on to place the 
 same at the disposition of tlie said two Companies and subject 
 to the control of the .said Executive Conunittee, as in the .said 
 Agreenu-nt of the sixth day of June, A. 1). 1879, is provided 
 in regard to the elevators of the Northern Conqjany thereii\ 
 referred to ; p-rovided always, that when and so soon as tlie 
 said Hamilton Elevator shall have been placed as aforesaid 
 at the disposition of the said two Companies and under the 
 conti'ol of the said Executive Committee, the Executive Com- 
 mittee 
 
:y. CO. 
 
 the joint 
 ii.^e of tlir 
 ollin<,' stoi-k 
 h new locd- 
 equipiiients 
 ) roving the 
 a junction 
 v-liandule,— 
 le town of 
 lent of the 
 y incui'reil, 
 pments of 
 niittce, anil 
 illv to such 
 ending' thi' 
 ,ver of the 
 account, as 
 time, deem 
 .'ty, as shall 
 ,vell as tliat 
 ise Capital 
 ona to the 
 ;it the ex['i- 
 ixth day uf 
 said Agree- 
 veable pro- 
 if the same 
 
 tvay to the 
 uaiy, 18b I, 
 ental to lie 
 ;and (h~>lhvN 
 us a chaige 
 < as defined 
 1879, afoie- 
 
 agrees niid 
 'Xpense the 
 to procure 
 iaid iS'orth- 
 I place the 
 •md subject 
 
 in the said 
 s provided 
 ny therein 
 ioon as the 
 s aforesaid 
 
 under the 
 ative Com- 
 mittee 
 
 AfiREEMENT BETWEEN N. RY. CO. & II. ^t N. W. RY. CO. 
 
 2r>3 
 
 Xothinir here- 
 in ti) alter 
 provisions of 
 ai,'roenient of 
 187i', except asi 
 same added ti> 
 hereby. 
 
 Provisions of 
 such aijree- 
 ment incorpor- 
 ated withthi.'- 
 
 inittee shall transfer and pay over to the Nortli-Western i^'je||ti|'"p^ 
 Company the sum of forty thousand dollars as hereinbefore' 
 provided. 
 
 ,s',>/A. — This Agreement is to be understood and accepted by At,'reenient 
 the said respective Companies, and shall operate as a full, final ',';;"£'^^^ i,,.. 
 and complete setc,lement, and a fall and suHicient I'elease in re- tween compa- 
 speet of all ditlerences, disputes and claims h^tween them, re- 'j'J^''j^^,^,,,^j,^,j.^ 
 latin"- to or in any way connected with the matters referred to bar to claims, 
 in, oHo the meaning or intent of, the said Agreement of the 
 sixtli day of June, A. 1). 1879, by or between the respective 
 Companies, and its execution shall operate as a bar and estoppel 
 to all such claims, and a settlement of every difference and dis- 
 ))ute arising out of or in any way connected with the said 
 Agreement up to the date hereof. 
 
 Snrnfh. — Nothing herein contained shall in any way affect, 
 ivnpaii' or alter the provisions contained in the said Agreement 
 (,f the sixth day of June, A. D. 1879, except so far as the same 
 ;nv added to or extended hereby, and all the provisions and 
 stipulations of the r^aid Agreement, in so far as the same are 
 applicable to the subject matter of this Agreement, shall l>e in- 
 eorporate<l heroin, and l)e read and constmed as part and parcel 
 hereof, 
 
 Eirjhth.—Thh Agreement is subject to confirmation at any B;V;i;»«\|^;t.i 
 special general meeting of the Northern specially convened for ,^j,,.eenient 
 that purpose, and the certificate of the Chairman and Secretary coufinuedby 
 (if the proceedings at such meeting shall be conclusive evidence „\eetiii^'.,f 
 theri'of ; and until such confirmation and approval shall be first Northern, 
 had,, the bonds agreed to be issiu'<l under the first clause hereof 
 shall not be issued. 
 
 Xinth.—TWis agreement is also subject to confirmation at any J;:^;';;Jj^;Yii c.''.r 
 annual general meeting or at any special general meeting of ^p„,(^tiou by 
 the North-W( stern to he convened for that Purpose, and the K.& N.w . in 
 certificate of the Chairman and Seci etary of the proceedings at ^vhat'sutti't 
 >uch meeting shall be conclusive evhlence thereof; and until evid. thereof, 
 such confinnation and approval shall be first had, the bonds 
 agreed tol)e issued under the second clause lieroof shall not bo 
 issued. 
 
 fcnth.—The provisions herein contained for the issue of such J|th«. ofsaid 
 joint workinjT and equipment bonds bv either of the said Com- companies not 
 panics shall not take efiect, unless and until the necessary con- ^^^'^^'^^ 
 tii'mation ami approval for the issue of such additional bonds by ,,,,,ve. 
 the other Ccmpanv shall have been obtained; and the rate of j;:;*''^';,";,; 
 interest shall be aUke in the bonds to be issued by the two .^uia.. 
 Companies under this Agreement. 
 
 J'Jlccenth —T\\o Directors of the said two Companies may Directors may 
 
 hereafter 'liter a'.'iee- 
 
 Si 
 
 11 
 
 % 
 
-•54 ACillEKMKXT liKTWEKN X. RY. CO. & H. k N. W. RY. CO. 
 
 I^lrm with' the ^^crcaftcr iimkc sueli amendments hereto as may be necessary 
 proi.ose.i to make tlie s."mic conform to tlio result of tlie proposed lc"i^. 
 Jegislatiuii. lation. " 
 
 In Witness wliei'eof tlie said i)artics hereto have caused their 
 Coi'i)orate Seals to ho hereto affixed. 
 
 JOHN STUART, [L.S.] 
 
 President, 11. \: N. W. R. 
 MAITLAND YOUNG, 
 
 Secretary. 
 
 FRANK SMITH, [LS] 
 
 Piesident. 
 WALTER TOWNSEND, 
 
 Secrotarv. 
 
BY-LAWS, ETC., AND AGREEMENTS 
 
 AFFECTING THE COMPANY 
 
 it 
 
 i 
 
 (NOT RRTXO BONUS liY-L.VWS, .VND AOREHME .NTS, OR AGREEMENTS 
 WITH OTHER RAILWAY COMPANIES). 
 
"■Wl 
 
 
 II 1 
 
 Ipl 
 
AdRl-.KMENT Wini lIAMlI/mN AS To liUUMNGTON r.KACH. 
 
 JJV-LAWS, ETC., AND AGREEMENTS, 
 AtFECTlN(J THE COMPANY 
 
 (S„T liElNG IIONUS BY-LAWS ANl. A.iKEKMENTS, OK AdUEKMKNTS 
 WITH OTllKK KAILWAY COMPANIES). 
 
 257 
 
 ;i()U 
 
 toil 
 
 Resolution of Hamilton Cltu Council, mh Fthvwir>j, 1S72. 
 
 Moved l)y Al.l. Charlton, seconded by Aid. Fitzpatrick, and \^^^ 
 y^8o/f^'^— That permission be and it is hereby given to the Council. 
 TTauulton'and Lake Erie Railway, to carry the line ot ^^^^^^ H. & I. K. r. 
 ■,l.,7i.r the whole or such portion as they may see tit, ot all or aiiow.,it.. 
 : y V Sthei oi the streets in this Gty lying between Emerald ^^^^.n 
 ifrPPf on the oast Fennison Avenue, Nelson Street and Cherry Kmerakist.ou 
 S :i "^t^o west, i^luding the said streets named and t^ ^....H^:- 
 streets lying between the northern and southern boundanes o ..„.,i.'h.ny 
 
 e C ty, ami extending to the westward from Ememld Street bts. o. .e„t. 
 a oresaid within said limits, and that a copy o this Resolution 
 auly certified be delivered by the Clerk to the said Railway 
 
 "^'T' Daniel Black Chishohn, Es(,uire. Mayor of the City of 
 Hamilton, do hereby certify that the fore.^omg is ^ tnie copy 
 „f a resolution pass-.d by the City Council on tne 12th day of 
 
 ^ti'^&et; whe^"l have hereunto set my hand ami a^xed 
 the corporate seal of the said City of Hamilton, this 14th day 
 of February, A. D. 1872. ^^^^ ^^ ^ i:,,^noL.^, 
 
 ^ ° Mayor. 
 
 S 
 
 
 I 
 
 (i 
 
 pfi 
 
 n 
 
 Ureemmt hetwcen Hamilton and IS' orth- Western Railway 
 Company and Corporation of Hamilton, as to Barlmyton 
 Beach. 
 
 This Agreement made this «^^^ty-ninth day of Jamiary^ in A^^^^.^ 
 the year of our Lord one thousand eight hundied antl sev- 
 enty seven, 
 
 ^' 'C^milton and North Western Railway ^on^p^ny, here- TL^N.av.^^ 
 inafter called The Company of the I irst Part, and Ihe . n poi - ,,• „ 
 ation of the ('ity of Hamilton, her.miatter called, the City ot 
 
 the Second Part 
 
 Whlueas, 
 
m 
 
 I.V'iitiil that 
 I !'y have taken 
 
 AG ({Ki: mi: NT WITH iiamii.tox as t 
 
 O nrT{I.I.V(.Tr»N' I'.KAfK 
 
 w 
 
 KitKAs, tlie Company liave constiuctecl a port 
 
 iMiltiondf line of Railway ovcm' tl 
 
 portidn of t! 
 
 Iiilllill;^t(iii 
 J'H'at'h li'asi'd 
 'i.v city frmii 
 '^ueen. 
 ' 'i>. have 
 Uifrced tn pay 
 
 lat part of Burlinntoii IJcacli wl 
 
 I'-'ir 
 
 *.".,000t())if 
 piiiil by Co. 
 
 < »ii ]'.y-hi\v S7 
 lieiiig coiitiiiii- 
 
 Ci). to erect 
 iMiai'd fence on 
 eneli side of 
 line thrini,i,'li 
 ~iicii liuid, ex- 
 rt-pt at mad 
 < Tussings, 
 
 'I'd priivide 
 and maintain 
 I)ri)|)er road 
 iTossings ,sr)(l 
 feet apart. 
 
 ( 'oinpany may 
 letaiu certain 
 jiortion 40 feet 
 in width. 
 
 ' II l.> lu. ( ity un.k-r a lease from Her Majostv, The QM,..n • 
 M n "l\l f n ^ *'"■ *''^ 7"«truction of sucli "portion, it was 
 
 i^neecl hat the (.mpany sho.l<l pay the City therefor the smn 
 fiNethonsana,h,llar.s, and enter into tlie agreement herein 
 1 (/ML<uiio(i r 
 
 Now TIMS iN-DKNTrn..: Avitnessetli, that, in pursuance of tlie 
 piennses and m consideration tliereof, and of the mutual cuven- 
 ants and agreements herein contained, the said Company, f,.r 
 t emse vc>s, thoir suecessons and assigns, on the one hand, and 
 the Cit3, tor themselves, then- successors and assigns, ,m the 
 other hand, do mutiuilLv covenant and agree together as follows: 
 Jn.,st,thesuni of hve thousand dollars shall he i.aid l.y the 
 Company to the (Ity as compensati(m for the lan.ls l,e"ld I,y 
 the Uty un.ler such lease which have l.een taken liy the said 
 ( ompany, and upon which the line of their Railway has Keen 
 constnic^ted. as n.oie particularly shewn up-m the plan now 
 in .he othc of the City Clerk of the said City, which was 
 mclosedinthe Company's letter of the twenty-fifth day of 
 
 ■such pa. n.ent shall be made to the said City by the Company 
 lortliwith on the jn-ovisions of a Bill relating to the said ( 'om'- 
 pan r now being promoted before the Legislatiye Assembly of 
 the Province ol Ontario, so far as the same refer to Bv-law 
 ^u.mber eig^aty-seven of the said City l,ecoming law. ' And 
 uch sum of hve thousan.l dollars shall be taken and received 
 ;Ven ' . 1 ^J '"ii 1 ' ^'""l"^nsation to them for the lands so 
 taktn, ami for all damages which the ( "ity has suffered or b.,n 
 u <> or may sutler .,r be put to by the construction of the line 
 >J tile ( ompany s Railway over the said lands. Second : The 
 ^">">pany shall and will at their expense, cost and charge, erert 
 a hoar, fence on each side of the portion of their line ;,f Kail- 
 way which passes through the lands hehl by the City un.ler 
 suchlease except at the road-crossings ; an.l the CompauN- shall 
 1 'ovide an.l maintain proper and suitable road crossi.gs'at the 
 distance of eight hun.liv.l an.l Hfty feet apart, on suclf portion 
 
 M "o • tl ^' .»^^^''7.V'"-V^'^.'^"^'^' ^""'"''^^ the Committe.. on 
 cX "Ai T ^;;""7 5--1 <^''ty ior the time being may in.li- 
 Ccitu Ihi.l: Ihe City do hereby eonsent and agree to the 
 ak.ng and retention by the ( "ompany for the j.urpo^es of their 
 Kailway of the portion of land colouie.I re.l in the sai.l 
 pk^n to he wHlth of i;„-ty feet, at an.l for the consideratlln! 
 
 th^U. y^^'''""-: ^^^'•^'•■'■"Mhe parties of the first part have caused 
 tie corp.>rate seal to be hereunto affixed un.ler the hand of 
 tncii Rresi.lent: And the parties of the secon.l part haso 
 cause.l their corpo..ate seal t.. be hereunto affixed un.le. clu' 
 hand oi the Mayor, the day and year first above written. 
 Signed, seale.l ami .lelivered | 
 in the presence of j 
 
MKAflf. 
 
 '>n of t!i>ir 
 'h wliich is 
 'he Qui 111 ; 
 ion, it was 
 or the sum 
 ent lieivin 
 
 ,nce of t!ie 
 Aia] Cuveii- 
 ipaiiv, foi- 
 hand, ainl 
 IS, on tlu> 
 as f'olldws: 
 <1 liv the 
 s lie"l(i I,v 
 y tile saiil 
 has Keen 
 I)hin iiow 
 ■hich was 
 h (lay of 
 red ; and 
 (A)nipaiiy 
 ^aid < 'din- 
 ■(einbly of 
 
 By-lau- 
 iw. An<l 
 
 1 receive! I 
 lantls so 
 
 d or lieeii 
 if the line 
 nd: The 
 ryv, erect 
 
 of Kail- 
 ty under 
 any shall 
 gs at the 
 I ]M)i'tiou 
 nittet- oil 
 lay indi- 
 e to the 
 
 of theii- 
 the .said 
 dei'ation 
 
 e caused 
 hand of 
 irt lia\'e 
 ider the 
 ;n. 
 
 IJY-LAW OF VILLAGK OF CALED(JNIA. 259 
 
 Extract from Rcpoi'f of Parkft Commitfae adoptedltij the Citj 
 Council of Hamilton, on the oth Jane, 1877, ivith reference 
 to Burlington Beach. 
 
 Your Committee have also, in company with the City Engi- 
 neer visited the beach, for the purpose of inspecting the 
 location of tliat part tliereof at ])resent leased to the City, and 
 also with a view of ascertaining if the liamilton and North 
 Western Railway Company intended to comply with the reso- 
 lution relative to the fencing their line of Railway and provid- 
 ing the crossings over same. 
 
 ""Vour Conniiittee met Mr. John Stuart, President of the In Hen ..f^ 
 Railway, and Mr. Win. Kendrie, one of the Directors, at the ','j"'J^^"''xv 
 lirach, and conferred with them upim the subject, when it was t. erott wire, 
 suggested tliat the Railway Company would, in lieu of the f*'"'^*- 
 board fence required by such resolution, erect and maintain a 
 wire fence, to lie built about 4 feet G inches in height, posts to 
 be placed about 6 feet apart, with board, not less than one foot 
 in width, at the Inttom along the ground, and the top to be 
 provided with a cap or rider at least 2x4- inches. The inter- 
 mediate space to be lilled in with at least three separate wires 
 jf the kind generally used in the construction of .such fences. 
 
 This suggestion your Committee approve of and would 
 'cconniiend the building of such a fence in lieu of a board 
 •icnee. 
 
 Your Connnittce also recommend that the gates be placed at ^^•'^^,';.';,*^',',|'" 
 •he several crossings of the Railway over the beach, instead^ of e,.o.!,!^iu;;s. 
 leaving them open ; the Railway Company having signitied 
 flieir willingness to provide gates. 
 
 VILLAGE OF CALEDONIA. 
 
 ,1 B;j-Law, dated Wi October, 1872, /o alter the grade of Front 
 Strt'd, in the Village of Caledonia. 
 
 Whereas the ILamilton and Lake Erie Railway Company 
 jiiopose to cross the Grand River by a bridge nearly opposite, 
 to Merritt Street, and have obtained the permission of this 
 ( 'ouncil to pass over and along Merritt Street, and to make the 
 approaches to the .said bridge upon the said street ; 
 
 And whereas it will be necessary to alter tlie grade of Front 
 Street, as shown in the plan and protile hereunto annexed, 
 
 Be it therefore enacted, and it is hereby enact'xl, that the Orado ..f 
 said street known as Front Street shall be graded as shown Ji^'^';^^,f;"'-''' 
 upon the said plan and profile ; 
 
 And be it further enacted, that the expenses of grading the Exiiouso of 
 said street shall be borne by the said Railway Company, but it «';;;:,;;",;y*'^'"'^ 
 shall be optional with them to perforin the said grading or to l. e. ii'y c, 
 
 cause 
 
 m 
 
m 
 
 iiii 
 
 m 
 
 260 
 
 RY-LAW OF VILLAGE OF CALKDONIA. 
 
 cause the siune to \>c done tl>rou<^'h tlieir contractors, the whole 
 to bo completed to the satisfaction of this Council. 
 
 (Signed) Jamks ALDiunoK, Clerk. 
 
 (Signed) John Scott, lii'cve. 
 Passetl 4th October, 1«72. 
 
 A B>/-hrw fo pyorhJc for the carri/ivg of fitc Ildmilfon ojul 
 Ltikr. A'ric lidila-mj (doitg orfaut streets ii) the VUlarie of 
 Caledonid, and for other varposes connected therewith' 
 
 IJi'ciliil expe- 
 flit'iit til pio- 
 vi.lf f(.r Ji. & 
 Ji. K. jiii.ssiiig 
 tlii-oii^^li I'iik'- 
 iliiiiia. 
 J!f cital tliat 
 liiiu (if Kuilw'y 
 to 1)1! canitd 
 aldiif,' Merritt 
 tStieet. 
 
 Recital, R'y 
 Ci)iii|)aiiy have 
 agreed to 
 open street in 
 lieu of Merritt. 
 
 H.&LE. may 
 
 carry line to 
 jiasH over Park 
 Street and 
 along Merritt 
 Street. 
 
 Certain i)or- 
 tioii of xaid 
 RtreetM to lie 
 cloned uji. 
 
 Whereas, it is expedient to make provision for oariA-inrr tlu^ 
 Hamilton and J.ake Erie Railway through the Villaj^c'of t'ule- 
 dojiia by and with the consent of the proper niunieipal 
 authority in tliat behalf; 
 
 And whereas, the Hamilton and Lake Erie Railway Compuny 
 have applied to this muuieipality for permission to carrv tli'e 
 line of their said Railway alon^' ^h'n-itt Street ; and in [mlvY 
 to cross the Grand River it will be necessary, in makiiii; the 
 approaches to the biid<fe over the same, to nuike an embank- 
 ment as shown upon the plan hereunto annexed ; 
 
 And whereas, the said Railway t'ompany have agreed, at 
 their own cost, to open a street thirty feet wide, as shown 
 ujwn the said plan, in lieu of that portion of the said Merritt 
 Street, oceu])i(.'d by the said Railway embaidvuient ; 
 
 Be it tiierefore enacted by the 'Council of the Village of 
 Caledonia, and it is hereby enacted : 
 
 (I.) That it shall be lawful for the Hamilton and Lake Erie 
 Railway Company to carry its said Railway thiough the said 
 village and to pass over Park Street and over and along x\[erritt 
 Street in the manner shown u})on the said ])lan and to make 
 the approaches to the said bridge by trestle work and embank- 
 ment in the manner shown thereon. 
 
 _ (2.) That from and after the passing of this By-law those por- 
 tions of said streets which arecoloured upon thesaid plan as em- 
 bankments or as slopes of an embankment shall be for ever stop- 
 ped and closed upas a street or highway, and may be appropri- 
 ated and used by the Railway to and for the purposes of such 
 approaches, provided alway.s and this By-law is passed subject 
 to this condition that the said Raii\\'ay Company shall furnish 
 a new street or highway, thirty feet wide, along the said em- 
 bankment as shown upon the sp*id plan. 
 
 (Signed) James Aldridge, Clerk. 
 
 (Signed) John Scott, Reae. 
 
 Township 
 Walpole By- 
 law 224, 29th 
 March, 1»7;5. 
 
 Toioifr/r/p of Walpole By-law, as to Taoation. 
 
 BY-LAW No. 224. 
 
 Enacted by the Corporation of Township of Walpolf , under 
 and by virtue of the statute of the Province of Ontario, 
 
 passed 
 
TOWNSHIP OF WALPOLE BY-LAW AS TO TAXATION. 
 
 •201 
 
 i, tho whole 
 
 T, lii'C 
 
 i'e. 
 
 n if ton (OK? 
 VilUtfie of 
 'ev.'ith. 
 
 xri'viiinj tlio 
 
 Li;t' of C'iile- 
 
 immic'ipiil 
 
 y Coiupiinv 
 ) carry the 
 nl in unK'r 
 iiHkiii<,' the 
 n einlmnk- 
 
 agroed, at 
 
 as shown 
 
 nd Menitt 
 
 Village of 
 
 Lake Erie 
 li the said 
 )ng Merritt 
 1 to make 
 d embank- 
 
 those por- 
 ilan as em- 
 
 ever stop- 
 ' f^ppi'opri- 
 es of sucli 
 led sulijeet 
 fdl furnish 
 : said eni- 
 
 , Rceie. 
 
 ole , under 
 
 [' Ontario, 
 
 passed 
 
 passed in the thirty fourth year of Tier Majesty's Reign, in 
 the year one thousand eight hundred and seventy-one, en- 
 tilled " An Aet to amend the Act incorporating tlie Hamilton 
 and Lake Erie Railway < ompany"- chapter 41, p. l:i. 
 Whereas by the statute aliove recited, it is enacted that t Ke.ital 
 shall be lawful for the ( 'orporation of any Municipality through 
 jiiiy part of which the Railway, authorized to be luiilt by the 
 siiid statute, passes r)r is situate by By-law specially passed for 
 lliat purpose, to exempt the said ('om]>aiiy and its property 
 within such Municipality, either in whole or in ])art from Mu- 
 nicipal Assessment or taxation, or to agree to a cei'tain sun» 
 ])er annum, or otherwise in gross, or by way of commutation or 
 composition for payment, or in lieu of all or any Municipal 
 Rates or Assessments to be imposed by such Municipal Corpor- 
 ations, and for such term of years, not exceeding twenty-one 
 years, as such Municipal Corporation may deen> expedient. 
 
 And whereas the Rail way autliorized to be built by the .said 
 Hamilton and Lake Erie Railway Company has been located 
 in the Municipality known as the Township of Walpole, and 
 the average value of the land in the locality where the said 
 Railway passes through the said Municipality as rated on the 
 Assessment Roll of the present year is sixteen dollars per acre. 
 Be it therefore enacted : 
 
 \. That for an<l notwithstanding anything contained in the CV.'s lan.Un 
 Assessment Acts of the Province of (Ontario, all the real pro- \]!;^ ^;; ^^% 
 perty of the Hamilton and Lake Erie Railway Company of acre for 21 
 every kind and nature whatsoever situate within the Township J'^""- 
 of Walpole, whether occupied l>y the Roadway or other than 
 the Roadway in vacant land not in actual use by the 
 r'ompany, .shall be rated on the Assessment Roll of the said 
 Corporation at the value of ten dollars per acre for every acre 
 of land owned or in the occupation of the .said Company for 
 the period of twenty one ye.irs from the time of this By-law 
 coming into operation, and that the .said valuation shall be held 
 and talen to be the assessed value for which during the period J^';\,;;'t:7i^^,f 
 aforesaid, th i said Roadway and other property shall bu entered i,„t ni)-m that 
 upon the A.ssessinent RoUfor the purpose of taxation and the valuation. 
 levying ami collecting of Rates, and it .shall be the duty of the 
 Assessors from time to time to assess the same in accordance 
 with the valuation fixed by this By-law, and for no other or 
 
 greater sum. 
 
 2. That no other sum shall be demanded of the said Railway n,, alditional 
 Company for Municipal Rates, Assessments, or Statute Labour, ^;|J"^*;;|;^^ 
 than the rate annually authorized by the saii.1 Municipal i.^ij,',u;._ ^tc 
 Corporation to be levied and collected upon by the above 
 valuation. 
 
 3. That this By-law is declared to contain the terms of the Ry-law tie- 
 couunutation or composition for payment in lieu of all :\luniei- Sl'i^l'^^^'f" 
 pal Rates or Assessments to be imposed by the aforesaid Muni- com mutation. 
 cipal Corporation by virtue of the above recitxl statute. 
 
 4. That this By-law shall take etiect and come into opera- p,y-ia\v to take 
 
 4-;,-.n ^ff''<'t 1st April 
 ^^*-'" 1873. 
 
 •! 'it 
 
 m 
 
AQRKEMKM' I;E'1\VK: V HALDIMAM) VAV. CO. A H. & L. K. RY. CO 
 
 tion on tlio first day of April, in the yenr of our Lord one thou- 
 sand ei^dit hiHKhfd nnd Heventy-thiee. 
 
 Passed tliis twenty-ninth day of Marcli, A. 1). 1873. 
 
 ,,.. „ , „ («ij,med) John Caldwell, Jiccir. 
 
 (.Signed) John Hkasmax, Tovn.hq, Clerk. 
 
 I certify thut the above is a true copy of a By-law r»assed bv 
 the Munic'ii.al Council of Walpol.., this 2<)tli day of March 
 1^~^- Jul N ilEASMAy, TouutHkip vied'. 
 
 BY-LAW No. 247, 
 
 OF THE TOWN OF CoLLLNGWOoD. 
 
 Whereas the Hamilton and North-Westorn Railway Com- 
 pany linvc applied to the Municipal Corjioration of the Town 
 of CoUingwood for leave to carry tlieir Railway along one ui 
 th.,ir existing streets or highways of the town, to the water- 
 edge of the Georgian Bay, at the said town. 
 
 And Whereas it is expedient to grant the said Right of 
 way subject to the conditions hereafter contained. 
 Company may Be IT THEREFORE ENACTED by the Municipal Corporatio)! 
 
 [lU.iig Walnut <_'i the lown ot Colhngwood, that it shall and may be hiwful 
 
 street 
 
 tor the said Railway Company, and tliey are hereby em- 
 l)Owertd to carry their railway along Walnut Street, in the 
 sjiid town, this leave being granted under and subject to the pro- 
 visions of the Railway Act of Ontario, section twenty-one and 
 subsection one, («) and subject to all other .sections of said Ac-t 
 relative thereto, and subject, so far as the roadway and ditch- 
 ing is concerned, to the ai)proval of the Town Engineer, the 
 said right of way given under this By-law being granted in 
 lieu of any further assistance to the said railway 
 
 Agreement hetu'cen the Ilaldimand Kavhjat'ion Comimny and 
 the Hamilton tC- Lake Erie Hallway Company. 
 
 2S,Juiy, 1S73. This INDENTURE, made the twenty-eighth day of Julv in 
 
 iSe^H & ^1''' >'^'^'" ^^ ^'"' -"""'"'^ '^'^*-' thousand eight hundred and seventv- 
 I,. E. Ry and tluoe. By and between the Haldimand Navigation Company 
 Haidiniand (Limited), of the first part, and Hamilton and Lake Erie Rail- 
 way Company, of the second part : Whereas the parties of the 
 second part are desirous of supplying a tank for the waterin-- 
 of their locomotives and other pur|)oses connected with the 
 operating of their railway, and propose to do so by means of a 
 ram to be worked by the waters of the Grand River, and have 
 made application to the Haldimand Navigation Company for 
 
 ^ the 
 
 (aj See paje 102, "" 
 
 Navigation 
 Co. 
 
 Recital that 
 Company 
 desirous of 
 supplying 
 tauk. 
 
 
n 
 
 • K. RY. CO. 
 
 one tlwjti- 
 I, 
 , liccve. 
 
 I»a.s.so(l l)v 
 of Mjirdi, 
 > Clerk. 
 
 AdRKKMKNT HETWKFN HALDIMAND NAV. CO, & II. & L. E. RY. CO. 
 
 L>«)3 
 
 A'uy ( 'uiii- 
 tlie Town 
 )ll^' Olio of 
 
 hu wator- 
 
 1 Riglit of 
 
 (I'poratioii 
 bo lawful 
 src'by eiii- 
 et, in the 
 'O the pro- 
 ^-one and 
 t" said Act 
 md ditch- 
 ineiT, tlie 
 ranted in 
 
 oayvj and 
 U- 
 
 f July, in 
 seventy- 
 Conijian}' 
 :^]ric Rall- 
 ies of the 
 waterini;- 
 with the 
 leans of a 
 and have 
 ipany for 
 the 
 
 the i'i<i;ht to take such water a.n tlioy inu^ j(|uire for the pur- 
 jMises and i>f liiyinj.,' their nipes therefrom throiij^h their property 
 an indieated in red upon the ilia'^ram or plan hereunto annexed : 
 And whereas the said jiarties of the fh-st part have agreecl 
 ihereiinto in consideration of a reiital of forty dollars ]>or 
 annum, payable as hereinafter mentioned : \ow this Indenture 
 witnesseth that in considernt )n of the i)reniises and of the 
 rent so to be [laid as Inn-einafter inentioneil they the sai<l par- 
 ties of tho first part do ^^rant ami demise unto tlie said parties 
 of the s(!Cond part, their sueoessors and assirrns, tho right to Hal.liman.l 
 t dvo from the waters of the Grand River such vvoter as tnay ("•,','^^!p','j,^'','i ,1,^ 
 he required to work the hydraulic ram to be placed on the t.' Kailway 
 jiro >erty of the said jinrties of the Hrst part, at tlie point indi- [,"l"','.*".i'iti.p 
 catrd upon the sai<l jiian, and to carry their ])ipes therefrom fm i; un. 
 thiniigh the jiroperty of the said parties of the Hrst part in the 
 manlier indicated thereon, with full power to enter into and 
 upon the said property, and to dig all such trenches, tunnels, Powoit,. .lig 
 and other ways as may be requisite for the purpose of sinking ''"''"'^ '^■'' ^'''* 
 anil laying the pipes from the said ram to supply the said tank, 
 and with power from time to time during the continuance of 
 this d(Miiise to enter tliereon with horses, carts, and carriages 
 for tho purpose of amending and repairing the same : To have 
 and to liold the said lnnd and the ])rivilegos hereby granted 
 unto the said parties of the sec(Mid part, their successors and 
 assigns, for and during the full term of twenty-one years from i.',,r2i year'<. 
 the date of these presents : Yielding and paying therefor during 
 the said term the full yearly rent or sum of forty dollars, pay- 
 able half yearly, on the first days of January and July in each ^^^'^'^j^^j^jf^'*' 
 year: And the said parties of the first part do hereby for yearly, 
 themselves, their sueeessors, and assigns, covenant and agree 
 to and with the said parties of the second part, their successors 
 and assigns, that they the said jiarties of th^ first part, their HaWiinnnd 
 successors and assigns shall and will, at the costs and charges jj,^'J,\ ,, .ennnt 
 of the said parties of the st'cond part, their successors and to i,rant an- 
 assigns, grant another lease to them for the further term of exph'ati?m ^ 
 twenty-one years, to commence from the expiration of the term contaiu- 
 t,'rm liereby created, at and under the same yearly rent, and '"= ^''^'' ^^'*'''''' 
 containing therein the like covenants and provisoes as are in 
 tliese presents contained, including this covenant for renewal ; . 
 
 Provided always, and it is hereby covenanted and agreed by 
 the parties of the second part, their successors and assigns, that 
 in exercise of the powers hereby granted to them, they, their gj!^'',^!;-'",.'/ 
 successors and assigns shall in no way interfere with or inter- not to he inter 
 rupt the free navigation of the Grand River. f«''«'^ *'*^- 
 
 Ik witness whereof the parties hereto have her«mnto caused 
 their co-porate seals to be atHxed under the han^ls of their re 
 spective Presidents and Secretaries the day an«l year llrs 
 
 spect 
 
 above written 
 
 St 
 
 Signed. 
 
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 TOi 
 
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IMAGE EVALUATION 
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 23 WEST MAIN STREET 
 
 WfeBSTEK.W.Y. 14580 
 
 (716) 872-4503 
 
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 J. E EaL'er. 
 
 AGREEMENT WITH J. E. EAGER. 
 
 Signed, scaled, and delivered "^ 
 
 in jirescncc of / T). Thomi'SON, 
 
 Adam A. Davis. CPnsldenf^ H. N. Cc, Limited. 
 
 Kenneth Mackenzie. ; 
 
 James Turner, 
 
 President. 
 
 M. \V. Browne, 
 
 Secrcta ry. 
 
 18"!]"^"°"**' -^5",''^^"^^"' hettveen Hamilton and North Western Railvjay 
 h'& n W Company and James E. Eager. 
 
 This Inoknture, made this eleventh day of August, in the 
 year of our Lord one thou.sand eight hundred and seventy-fnx. 
 between the Hamilton and North-Western Railway Company, 
 of the first part, and James E. Eager, of the Village of Bur- 
 lington, in the County of Halton, gentleman, of the .second 
 part : — 
 
 Whereas, the said party of the secoiid part by deed bearing 
 even date herewith granted and conveyed to the said parties, 
 of the first part, certain lands in Benjamin Eager'.s survey of part 
 of parcel A. in Block One of the; Brant Farm, and situate on 
 the .sandy beach between the watei's of Lake Ontario and Bur- 
 lington Bay, in the Township of Nelson, in the County of 
 Halton, and extending from lot number .sixty-seven in the 
 said survey to the public road leading from the Village of Bur- 
 lington to the City of Hamilton, which said parcels of land 
 are more particularly shown on the plan hereto annexed and 
 thereon coloured respectively red and green ; 
 
 And whereas, on the execution of the said conveyance it was 
 agreed l)y and between the said parties that they, the said 
 parties of the first part, should grant to the said party of the 
 second part the right to construct through and r cross tlie said 
 lands a water course not exceeding twenty feet in width ; 
 
 And whereas, the .said party of the second pnrt hath in pur- 
 suance )f such agreement constructed such water course across 
 said lands ; 
 
 Now this Indenture witnesseth that the said parties of the 
 first part, in consideration of the premises and of the sum of 
 structed across One Dollar in hand paid, do for themselves and their successors 
 certain ams. covenant and agree to and with the said party of tlie second 
 part, his heirs and a.ssigns, that they will not at any time fill 
 up or obstruct the said ditch or water course constructed by 
 the said party of the second part over and across the said lands 
 and that the .said party of tl o second party may at all times 
 keep and mainta'n the same ; 
 
 Provided always and 'l;his grant is made upon the express 
 conditions that the said wat.r course shall not at any time be 
 
 of a 
 
 Comjiany vi'll 
 not ob.'itruct 
 ditch 
 
 Provided 
 ditch not t 
 
 be 
 
 wider than 20 
 
AGREEMENT WITH J. E. EAGER. 
 
 265 
 
 ursoN, 
 
 :., Limited. 
 
 RNER, 
 
 resident. 
 
 OWNE, 
 
 ecretu ry. 
 
 I Railway 
 
 [list, in tlie 
 eventy-fnx. 
 Company, 
 ge of Bur- 
 tlie second 
 
 ed l>earin<f 
 id parties, 
 vey of part 
 situate on 
 and Bm- 
 County of 
 'en in the 
 ,ge of Bur- 
 els of land 
 nexed and 
 
 of a 
 
 .rreater width than twenty feet and that the sai.l party of f 
 
 ■ct. Enp 
 
 til niaiiitaiu 
 iinn' aii<l 1)10- 
 
 the s^econd part shall and will well and sufficiently mamtnin ;,^,.,__, _,.., 
 nnd koep the sides of the said water-course and embankments t.rt emhank- 
 caused by the excavation of the same fully protected on both '-"t- ^'t- 
 sides thereof outside of the embankments of the said Railway 
 Company, and shall and will construct breakwaters and other 
 devices sufficient to fully protect the embankment and other 
 works of the said Company from injury by the waters ot the 
 
 said Lake and Bay ; ^ l ^c ^•t \ ^ 
 
 Provided alwaj^ that if the .aid party o the second part Tf .l,t.l,^ 
 nc'dect upon notice, to protect the embankments and otlier ;,„,,. ^n ,^,„, 
 M-o'rksof the said Railway Company the Company shall and nr. 
 uiav, ^i" they so desire, till up and close the said ditch or water 
 course, and the said party of the second part shall thereafter 
 cease to have any rights in the premises. ^ 
 
 In witness whereof the said parties hereto nave hereunto 
 caused their seals to be affixed and these presents to be sub- 
 scribed the day and year tirst above written. 
 
 ]■ J 
 
 Sio^ned, sealed and delivered 
 in the presence of 
 
 Mat. Parkinson. 
 
 J AS. E. Eager. 
 
 a-nce it was 
 r, the said 
 ,rty of the 
 ss the said 
 idth ; 
 th in pur- 
 irse across 
 
 ies of the 
 lie sum of 
 successors 
 ;he second 
 y time till 
 L-ructed by 
 I said lands 
 : all times 
 
 16 express 
 
 ly time be 
 
 of a 
 
 il 
 
 I 
 
ii 
 
 III 
 
 II 
 
 III' 
 
 m 
 
 m 
 
 m 
 
INDEX. 
 
 A, 
 
 ACCinKNTS. PVdE 
 
 Notice of, to be given to Commissioner of Pwblic Works, s. 63 ^-^ 
 
 Eetui na of, to be made semi-annually, s. 04 ^:^ 
 
 Forms of, 8. 05 -^a 
 
 Penalty for nej,'lect to make, s. 00 |.-° 
 
 To be privileged, s. ()7 : V^Ani 
 
 AcciPENTs' Act, 1881. Sec Railway Accidents Act, 1881. 
 ACCOCNTS, Anntal. 
 
 Railvay At, Out. ^ , , ^ „<• on 109 
 
 Directors to cause, to be kept, s. 20, ss. 20 ^"•' 
 
 4,ir(cmc)it with Nortlicni nailmiii Comj-Htini. 
 
 Executive Committee, to cause proper accounts to be kept '^^^ 
 
 Additional Space. 
 
 '" I'r'oceealngs when more space is renuired for locommodation of traffic at stations, a. 39 122 
 
 Certificate of Commissioner of Public Works retiuired, s. 40 ^--f 
 
 Eflfect of , 8. 41 J;* 
 
 Proof of, H. 42 • • ,'^'., 
 
 Application of certain provisions of Railway Act, s. 41 i^-;' 
 
 Sale (jf land taken and not afterwards re(iuired, s. 41 J--> 
 
 ' 'Ha'inilton awl North-Wcstcrn Railway Companii. ,,,,,. , ,, , „„f,v„ ^f 
 
 Township of, to be both in main line section, and Colhngwood Branch section ot. 
 
 County Simcoc, 40 Vict. c. 70, s. 3 ^-^ 
 
 Aijneiiiciits with. ... , „ ^ t o- t> ^ . io"i 
 
 \greement of, Township of, under County of Simcoe By-law ^j ■> 
 
 Where line to enter Township of Tecumseth ijj" ; 
 
 To ascertain expense, lines to be run at Adjala's request |-'o 
 
 Adjala to approve of, engineer |j ' 
 
 ( Jonipanv to erect Station at Ballycroy |-'" 
 
 Engineer to make survey, to be approved by Adjala . • • ^-'^ 
 
 Company to i)lace Flag Stations at intersection of, 7th Con. Tecumseth IJi^ 
 
 By-law of, and agreement thereunder -"' 
 
 Admimstratoks. 
 
 Ruiliraii Act, Ont. „ -.n Q-'> 
 
 May convey land to Company, s, l.i "" 
 
 Aid to Company, 
 
 See Municipal BonvoES— Municipal Coupor.vtions. 
 
 Albion, Township of. 
 
 Agreement with. , ^ , t, i onn 
 
 Agreement w ith, under County of Peel By-law -"^ 
 
 Company to i lace Station at 4th line Township -"^' 
 
 At 7th line below Buckstrom ""^ 
 
 Allanoale Junction Line. 
 
 Aoreement with Northern Railwaii Compauii. ,■,-,. i -d i ow 
 
 To be constructed with proceeds of Joint Working and L-iuipment Bonds 2o2 
 
 Alliston. 
 
 AgrecmoU with Tecumseth. ... if>7 
 
 Stations to be erected and maintained, at or near >•"" 
 
 Ai/recmcnt with To.isorontw. _ ,,... 
 
 Company to erect and maintain Station at 
 
 Township of, , , ., i -m? 
 
 By-law of ;{0th June, 1877, and agreement thereunder -"' 
 
 Amalgamation. Sec Hamilton and Lake Euie Railway Company. 
 Ammunition. 
 
 Bail way Act, Ont. _ -j^.^^ 
 
 Carriage of, s. 30 • 
 
 Animals. See Cattle.~-Cuu£Lty to Animals. 
 Annual Accounts. 
 
 Railway Act, Ont. ir.ri 
 
 Directors to cause to be kept, s. 20, s.s. .iO 
 
 Annual Ge.meral Meetings, 
 
 UamiWin and Lake Eric Railway Company. _ 
 
 When and where to be helil, 33 V.,c. 30, s. II ' 
 
 Notice requisite for, same sec 
 
 I 
 
•ill 
 
 208 
 
 INDliX. 
 
 it 
 
 Annual Gknfral Meetings— Con^'nuft/. 
 
 JIuinillon (Vid yorth-Wenkrn liaihcaii Cumpanii. p.voR 
 
 Whi'n and where to lie hulil, 'Mj Vict. c. 55, h, 10 ;i:{ 
 
 Notice retiuiiiite for, siiuie wee ;B 
 
 See Meetings. 
 
 Appkal in Aubituations. See Lands and their Valcation. 
 
 Al'PLIC'ATION OF K ah, WAY ilCT, 8. 4 S") 
 
 " '■ M. ;j7 rji 
 
 A(iUA Foktis. 
 
 llailwaii Act, Out. 
 
 Ciirriiige of, h. ;!.'i, ss. 12 118 
 
 Akiiitration and AwAiU/. 
 
 See Lands and thkih Valuation. 
 Ahtii.lkuv. 
 
 Ilailimii Alt, Out. 
 
 Carriage of , h. .'{C 120 
 
 Assessment. 
 
 Act respecting . l.")4 
 
 Keal Estate of Railway Companies, etc., 8. 4 154 
 
 lliiilroatl Stock, s. (J, hs. 18 155 
 
 Eiiihvay Coiiiiianies to furnish certain .statements to Clerics of Municipalities, s. 2t), , 1,55 
 
 Duties of ( 'lerks theieon, s. 20 1.55 
 
 Act resjiecting Municip.il Assessments anil K.\emptions lti:{ 
 
 Personal property of railway exempt, s. 1 lii:{ 
 
 Auction. 
 
 Railwaij Act, Out. 
 
 Hale of forfeited shares by, s. 27, .sb. 12 Ill 
 
 Auditor.s. 
 
 A'jrcvmcnt with Northern llailwin Cumpanii. 
 
 Expenses of, of Xortharn an(l North-Western, to be working expenses 2.'i(i 
 
 Northern and North-Western each to appoint 240 
 
 Third Auditor, l)ow appointed 24(1 
 
 To have access to all books, etc 242 
 
 If only one Auditor aijpointed 24i) 
 
 AVENINO. 
 
 Agreement with Nottawasaya. 
 
 Line to pass near I'.'l 
 
 B. 
 
 Badges. 
 
 llaibmiy Act, Ont. 
 
 Servants of Company to we.ar, s. .'i;? lir> 
 
 Baggage Cars, 
 
 Hailwaii Act, Ont. 
 
 Not to be in rear of jiassenpers cars, s. .'W, sh. 7 117 
 
 Passengers to have no claim for damages when injured on, s, 'A'.\, ss. 11 IIS 
 
 liALLSVILLE. 
 
 hy-hiw of Hnldimnnd. 
 
 Company to have Flag Station at 185, 1S(> 
 
 Bai.lvckoy. 
 
 Ayreeinent with Adjala. 
 
 Company to erect Station at VM\ 
 
 Barrie. 
 
 Hamilton and North-Western Raihrati Comfmnii. 
 
 Power to i.ssue Bonds for construction beyond, 41 Vict. cap. 48, sec. 5 71 
 
 See Bonds and Debenture Stock. 
 Agreement with. 
 
 Agreement of, with Company under By law of County of Siincoe 104 
 
 llecital that Company empowered to make agreements with Municipalities granting 
 
 bonuses 194 
 
 Main line of railway to pass through 194 
 
 Passenger and freight Stations to be located there 194 
 
 North Bob Street, East Frances St., West Duckworth St., South Wellington st. 194 
 Workshops, Engineshops, etc., on line North of Tecumseth, South of Medoute, 
 
 to be located at Barrie 1 94 
 
 No shops, etc., to be Nortli of Barrie and South of Medonte Wft 
 
 Council to pass resolutions giving railway right to run (jn streets, other than High or 
 
 Small streets 19.5 
 
 Conditions on which right to be granted 195 
 
 (.Nmipany to keej) their portion of road in repair 195 
 
 And fit for traffic, except wlien trains pa.ssing 19.5 
 
 Engines, cars, etc., not to be k-^Dt long on streets 195 
 
 Not to snare in any bonus for extending line beyond 195 
 
 Line between, and Hamilton Order in Council, granting aid as to 21(> 
 
 Beaches. 
 
 llaiUmii Act, Ont, 
 
 Company may occupv, h. 9, ss. 3 87 
 
 E.v.tenl of, that mav Le taken, s. 12 'Si 
 
 Bf 
 
 T.i 
 
 
INDEX. 
 
 2G[V 
 
 r.Ki.1.. 
 
 P.VOF. 
 .... Si 
 
 . . ;« 
 
 .... 85 
 
 .... rji 
 
 .... IIH 
 
 .... 120 
 .... 1.-.4 
 
 .... IM 
 
 .... 155 
 155 
 
 1.55 
 
 lti:{ 
 
 lii:{ 
 
 Ill 
 
 •2m; 
 
 IMO 
 
 240 
 
 242 
 
 240 
 
 I'.'l 
 
 lit; 
 
 117 
 
 lis 
 
 185, ISO 
 
 I'.V. 
 
 71 
 
 194 
 
 ies granting 
 
 194 
 
 194 
 
 194 
 
 Mlingt(in St. 194 
 f MfdoMte, 
 
 194 
 
 195 
 
 lan High or 
 
 195 
 
 195 
 
 195 
 
 195 
 
 195 
 
 195 
 
 21(> 
 
 87 
 
 V.\r,\'. 
 117 
 117 
 117 
 
 8 
 20 
 
 lluilwai/ All, Out. _ 
 
 Each IdL-onidtive engine to have, s. .«, hs. S 
 
 To he rung at every crossing, h. :):{, hs. 9. . 
 
 Penalty for negk'ct to do so, h. :W, ss. 9 
 
 r.IIl.SOFKxcHANOK AND PhoMIM.SOUY NoTKH. 
 hainiltiin and Lake E"ir Hailwiiii Comixiiiy. 
 
 power of Coniimny to make, 3;{ Vict. caj). .«), mc V) 
 
 Not to he circulate.] aH money, kcc. Ki. •.••.•• • •;., •.•|.y ,; ' ;.' L.V ' ' '.V 
 
 Kot necessary for hoth Secretary anil Treasurer to countersign, -I. » tU. u »•>. s. .». 
 HitmiltoH and North ^yc!ftirll liaihrnii C'omiiaitii. ^^ 
 
 I'ower to C'omiiany to hecome jiarties to, ;!■> Vict. cai). uo, sec. -« • ^ 
 
 Not to he circulated as money, name sec 
 
 United Con.i.any hecon.ing parties to, regulated hy Ham-.lton and ^y'*''-^^^;';'';'" 07 
 
 Acts 
 
 1} ,.M) Dkbt. 
 
 See Pjonds i^Nl) Dkbentluk Stock. 
 
 lioNDHOl.DEUS. 
 
 Sn: J50NI)S AND DeBENTUKK STOCK. 
 
 HoMi.s AND ])EiiENTi!HK Stock. 
 
 Hamiltun and Lake Krie ItitHway Coinpani/. 
 
 35 Vict. c. :«). _ ; 
 
 Directors may issue Bonds, s. 14 j; 
 
 Issue not to exceed S150,()00, s. 14 . . ■ ^ 
 
 Boiidh(dders may vote when interest in arrear, s. 14 ^^ 
 
 To .,e »-l«.I-y^^,^;^"--'i'i,^^it,;„ ,,;a p;,rtD;n'er iuilway, further Bonds for 
 i?l()0,000 may he issued, s. 25. 
 
 On comi)letioii of 
 
 I 
 
 34 Vii-t. 1: 41, ,t. 14. 
 
 .33 V. c. 3(i, as to amended, s. 4 • 
 
 Issue of B.imls not to exceed .?200,()00, s. 4. .... . • • 
 
 ]>ower of Company to issue Bonds for extension to Port Dover, s.l... ._ • . . • 
 To take i)riority over Bonds mentioned m .« Vicl. c. 3b, «. Zo, p. 11, s. i.> . . 
 
 Comiiany may mortgage Bonds, s. 15 
 
 3lJ i'irt. c. 85. 
 
 13 
 13 
 1(> 
 1»> 
 10 
 
 In lieu of former l.o^^■erH, Directors may issu' terrainahle bonds or perpetual Dehen- ^^ 
 
 tures Stock, b. 3 ' j^g 
 
 Interest at seven per cent. , s. 3 y\ 
 
 Li:!:lS"<!?:"20:.Sio\;er ndi;.; between- Lake" iintario a^id PoVi- Do^er; mm ^^ 
 
 per mile beyond, h. 3 
 
 37 Vii-t. c. 45. .7.^ 
 
 Power to issue BoikIs to the amount of fU 0,000, »• i- • • • ■ • • ■ ■ ■. ; .-^ ■ ;„ J ••;,■■ 
 
 Additional Bonds for construction to Port Burwell, not to exceed S12...00, per mile, ^^ 
 
 8. 2 • 
 
 Hamilton and Nnrth-WcHtcrn Railway Company. 
 
 35 Vict. r. 55. • , d 1 oi- 37 
 
 Directors to have power to issue preferential l^.nds, s. _l) .^^ 
 
 To he first charge on all property of < ompany, s. Zb .^^ 
 
 Issue limiteil to .^10,000 per mile, s. 2(1 • . • ■ • • .• ,• • ..o 
 
 issue - ^^ ,^^^ ^ i^^^ ^^^ .Mhareholders, if interest in arrtar, s. 20 38 
 
 33 ^'' 
 
 Plight of holders of U> vote 
 
 To he transferrahle hy delivery, s. 27. 
 
 Company to have power to pledge, s. 
 
 37 Vict. c. 44, sees. 20 and 27. 44 
 
 35 Vint. c. 55 re])ealed, s. 1 (rep.) ■•••••••; " ' '.; ;;„V, \ ■.■.".". 45 
 
 Bonds, etc. , may be made payable to bearer, s. 2 (rep.) 
 
 38 Vict. c. 48. . o / \ 47 
 
 Direct..rH may issue for purpose of t>orrowing money, s. - (rep.) .....■■• 
 
 To be a first charge on undertaking of t,()mi>any, s. 2 (rep.) ^. 
 
 Issue limited to §25,000 per mile, s. 2 (lep.) ..... . . :^- • ; • • - • • • ■^■{■:;{ ;;;;'.; 47 
 
 Not to be in excess of amount actually expended on KaihN ay, s. - (rep. ) ^^ 
 
 llight of Bondholders to^vote if i>'t«'^»VlV.'i!!!' I.":. «.!!.'(.- '.' S iv^uX. '. '. '. '.'.'.'.'.'.'.'.'.'.'.'■ 48 
 
 lUgni OI lionuiioiucio v<> v^ii.- "»'■"■■-"- "■■I-— ' ^ •,; .J (i-Pii \ ... ^f* 
 
 Issue of permanent Bonds or permanent Debenture Stock s 3 (i ep. ) ^^ 
 
 In event of line being leased to another Company, s. 3 (rep. ) ^^ 
 
 To be first charge upon rent, s.3 (rej;.) ; • • • • ■ • • V,: ' ' ■itv; ';' VlVeii V" 48 
 
 To be issue in lieu oi Bonds in sec. 2, and not m conjunction therewith, s. 3 (rep.) . . h^ 
 
 What form to he in, s. 4 ' ' 41^ 
 
 Eof tlXaCS;;;i^mation witi^ Hamilton-andLakeEria-Eaiiw.y Company, ^^ 
 
 1 
 
 s. 
 39 Vict. 
 
 72, 
 
 54 
 
 Sees. 2 and 3 of "30 V. cap. 48, as to issue of Bonds, repealed, s. 4 :.:;::::;; 54 
 
 Directors may issue Bonds, s 5 • ' " ,4 
 
 To be first charge on all property of company, s. & ^^ 
 
 Issue not to exceed .?17,000, per mile s. 5 '.'.".'.'.'.'.'.'.'.'.. .'.\ 54 
 
 Interest six per cent. , s. 5 
 
 Ill 
 
 I 
 
 't 
 
270 
 
 INDEX. 
 
 BONHH AND PEnKNTIHK BroVK—CunlillUeil 
 
 Jlumiltiin and Korth-Wtntern Itailiviii/ Coiii/iniiij—{'ontin\iL-(]. v.Vit; 
 
 Holderw nf, wht'ti interest in iitreiir may vote anil ac*, an Directors, h, "i ' ;',4 
 
 Ihxuc of Bondx in reHpect of portion of railway between Jarv'.s ami (ieort'etown, f. 7 ',"1 
 
 To anionnt of .•? 1,105,000, «. 7 ....;'. -,:, 
 
 To be included in amount of ISonds iHsued under sec. 5, h 7 rio 
 
 Sancti'-n of Kliareliolder« not reiiuinite for kcc. 7 ,' Tio 
 
 How to bt^ ajipUed 
 
 .$80") ,000 to redeem Hamilton and Lake Krie Bon<in ,[ :,,) 
 
 IJalance in coiwtniction of roiul between these points, s. 7 " .I") 
 
 41 Met. (-.48. 
 
 DirectorH to have i)ower to issue Bonds in lieu of these in 39 Vict. c. 72, h. 1 ci; 
 
 To amount of Jt.'.'ir)0,000 sterling, s. ] ] _' i;,; 
 
 How to be ai)i)lied, s. 1 '' i;- 
 
 To be first charge on undertaking of t'onipany, s. 1 '...'.!! (I* 
 
 If interest on, in arrear, liolilers may vote and act as Directors, s. 1 ] (17 
 
 Provided same registered, s, 1 " ' (;- 
 
 Debenture Stock mav be iss\ied in lieu of Bonds, s. 1 (-,7 
 
 Not to exceed f<.iiO,000 sterling, nor less than t'.Vi0,000, s. 1 (W 
 
 Holders of, entitled to vote as Shareholders, and be Directors, s. 1 '. (IS 
 
 Proviso, as to reservation of Bonds or Debent\ire Stock for completion of Colling. 
 
 wood section, s. 1 0,^ 
 
 Bonds or Del)enture Stock to be first mortgage, s. 2 cs 
 
 Power to further issue Bonds to amount of V70,000, a. 3(Kep.) t;s 
 
 May be issued by By-law of Directors, s. ;i " cs 
 
 To be applied in substitution for Bo?\ds before issued, s. 3 C'.i 
 
 To be lien after Bonds in s. 1, s. .S i;;) 
 
 Not to be issued if Debenture Stock issued, a. 3 [ i;;) 
 
 When Bonds or Stock under ss. 1 or 3 may issue, s. 4 ti;i 
 
 Notice to be given thereof [ (;n 
 
 £15,000 to be applied to Bonds of Hamilton and Lake Erie Ilailway, s. 4 ' i;'.i 
 
 t'ontractors to receive balance of Bonds, s. 4 711 
 
 Present Bondholders bounil to receive New Bonds, s. 4 7i) 
 
 Suits on Bonds after issue of New P>onds not to lie maintained, s. 4 70 
 
 Direct! IS may issue Bonds for construction beyond Barrie, s. 5 71 
 
 To be first cliarge on line beyond Barrie, 8. 5 71 
 
 Sliareholders' s.inction reipiisite, s. 3 71 
 
 Limit to issue t'3,000 sterling i)er mile, s. 5 ' 71 
 
 Sec. 4, 38 Vic. c. 48, ]). 48, to apply to Bonds and Debenture Stock issued under tliis 
 
 .Statute, H. 71 
 
 42 Vict. r. 00. 
 
 Issue of under 1st. s. 41 Vict. c. 48, limited to t'4.50,000 sterling, s. 4 7t 
 
 41 Vict. c. 4S, s. 3, sa. 0, 8, as to issue of t'70,000 of Bonds repealed, s.5 75 
 
 4'» Vict. c. ()(') 
 Issue of ()(;o Joint Working and Equipment Bonds by Hamilton and North- West- 
 ern, authorized, .s. 1 7 -, 
 
 €100 each, s. 1..- '. .'.'.' '."..'. '..'.'.'.'.'.".'.'. '.'.'. 75 
 
 If interest not paid right of holders to vote and act as Directors, s. 1 ...... 7i; 
 
 Bonds may be sold or pledged, s. 2 71; 
 
 Not to be ist id til) approveil of by two thirds of .Shareholders, s. 3 7i; 
 
 Nor until Northern Railway Company obtains necessary authority and con.sent 
 
 8-3 : 7,i 
 
 44 Vict. c. 38 (Canada). 
 Issue of Northern Railway Company Bonds, for £134,000 sterling, jointly with Com- 
 pany, s. 1 77 
 
 Bonds to rank after third preference class B, issued under 31 Vict. c. Si>, s. 2 78 
 
 Interest to be paid after interest on such third i)reference B. Bonds, s. 3. '. 7s 
 
 Bonds may be sold, etc ' 7,s 
 
 Bonds not to be issued till approved of by majority of ordinary and preference Sliare- 
 holders at special meeting, s. 4 7,s 
 
 Nor till Handlton and North-Western obtain consent to issue their Bonds, s. 4... . .. 78 
 
 Amalgamation Aijncmcnt. 
 
 Provision as to Bonds of Hamilton and Lake Erie Company (Repealed by 39 V.c. 73 
 
 s. C) ' 22(1 
 
 To be applied first to ))ayment of Bank of Montreal (Repealed by 39 Y. c.'72,'s. 7). '. 'j;M 
 Agreement icith Northern Haihrai/ Cumpani/. 
 
 To issue joint Working and E(iuipment Bonds for Jb'OOjOOO with interest at (! per cent. 2.50 
 
 Principal due 1st June, 1898 250 
 
 Interest, when and where p.ayable .....'. 250 
 
 Such bonds to rank after existing bonds of Company .....". 250 
 
 Where same to be deposited '..'.'..... 250 
 
 Directors to execute 250 
 
 Executive Committees may sell, pledge, etc 251 
 
 Not to be issued until ccmtirmed by Special Meeting of Company 253 
 
 Partial sale of, how regulated 251 
 
 (See farther as to under NouTHKiiN Railway Comx'any of Ca.vada,. ....... .... " 
 
^ 
 
 .« 
 
 INDKX. 
 
 271 
 
 rA'iK 
 
 ".4 
 
 ■toun, H. 7., ri") 
 
 ")") 
 
 r,,i 
 
 'lO 
 
 .'li 
 
 .">.") 
 
 H. 1 ci; 
 
 m 
 
 •:' 
 
 U7 
 
 (17 
 
 t>7 
 
 (17 
 
 (;h 
 
 (is 
 
 1 of Colliiij,'- 
 
 CK 
 
 (IS 
 
 OS 
 
 (iS 
 
 C.) 
 
 tl'.t 
 
 Wl 
 
 i;;! 
 
 i,'.\ 
 
 >•,«.•» ';'•' 
 
 7(1 
 
 70 
 
 70 
 
 71 
 
 71 
 
 71 
 
 71 
 
 (1 umliT tliin 
 71 
 
 7> 
 
 5 7'i 
 
 S^)rth.Wu.st- 
 
 7 "i 
 
 7") 
 
 7il 
 
 7ip 
 
 t 7'; 
 
 xnd con.st'iit, 
 7ii 
 
 y with Colli. 
 
 77 
 
 B..2 7S 
 
 7s 
 
 "S 
 
 fence Sliaru- 
 
 7S 
 
 Is, H. 4 78 
 
 r 39 V.c. :;{, 
 
 L'L>(1 
 
 c. 72, H. 7) . . L'-.'ii 
 
 it ('( per cent. 2.")() 
 
 2r>i) 
 
 2.-.0 
 
 2:>() 
 
 2.".() 
 
 2r.() 
 
 2r,i 
 
 25:< 
 
 251 
 
 Ro.Niis ANO 1>fiiknti;kk Hri<cK—Ciiiitiiiiiiil. 
 
 ' Aarceinent n'ith Nurt'icni Ittiilmiy Cinnpnni/ (!c>iitinue(l. i v> • *''^'^^' 
 
 No BoikIh to lie Hold, etc, , till ci)UiiteiHij,'iie(l liy Chairiiiiin mid Secretary of Kxecutivf _ 
 
 < 'oniiiiittoe ,"'., 
 
 ,<li;0,(X)0 to he Met upiirt for ex<'lu»ivo mv of ('oiii|>nny -•.',* 
 
 JliiW Ixiliince to lie (lisjiorti'd of -"" 
 
 WoNfS. A'tC Ml'NIClPAI. lloNfSKS. 
 JlOliK (IF RKFKltKNl'K. 
 
 lldihndii Act, (hit. ,.- 
 
 To lie iimile liy ronniiiny, h. 10, hm. 1 •'' 
 
 By whom cei titied, k. 10, ss. 2 • J 
 
 ( 'opieH of, s. 10, HH. ;i "I 
 
 lOvidelice of, h. 10, hs. 4 . ^ • | 
 
 Onii:tsi(iiiH in, h<iw remedied, s. 10, ns. 5 j"' 
 
 Contents of certiticate lelutin^' to, h. 10, hh. (1, _. • ' 
 
 lliiilwjiy not to lie proceeded with until deposited, h. 10, ss. (i -'- 
 
 Error in naiiie of person entered in, effect of, s. 10, hh. 12 ■'- 
 
 HoKuiiwiNo Mosey. 
 
 linilwnii Act, Out. an 
 
 Power of (!oniiiany a8 to, h. 0, ks). 11 "*' 
 
 Src lioNiis AND Dkhkntuhk Stock. 
 
 lliiA.Ncii Link. 
 
 Unmillimniul North-Wenteni Railiim>/ Ctmpaini. 
 
 C'onipany may construct to CoUingwood, ;-!(i. V. e. 84, s. 1 '•* 
 
 liiiilicdi/ Act, Utit. f^ 
 
 Power of (.'onipany to construct, h. !», hh. «, 17 "' 
 
 Alunici{)(tl Act. ... 
 
 Councils may authorize, along highways, h. .itil ^■'* 
 
 Hriiioks. 
 
 Hailwaii Art, Out. , . , , , ... ^ i r 
 
 Lieutenant-Governor may order permanent bridges to be subHtituted for swing 
 
 bridgeH, h. 57 ,.■:.' 
 
 Over navigable rivers or canals, s. 84. |* 
 
 Company to make openings between piers, s. 84 '^^ 
 
 Lieutenant-Governor to approve of plans, s. 85 _. • • V,, 
 
 Proviso where special powers given liy Aet of Incorporation, h. 8)>.. . i-" 
 
 Trains to stop three minutes Lefoie cros.Miig draw or awing bridges, s. 87 w* 
 
 Railwaii Acciihntu Act, 1881. , , . , ► ir.-i 
 
 To have a span of seven feet between top of freight cars, h. 5 i«'' 
 
 Cunn. liailwaii Act, D. ,-- 
 
 Over navigable rivers and canals, s. 07, ss. 2. •■■••• • • ■ • • ■ • • ■ ■ ■ •.; ■•■••• • • • • • ■ ' .• ■ ' \'l 
 
 Plans to be submitted to Governor General m C.iuncil, t ons. Railway Act U., h. ti8. ■ W;. 
 
 Trains to stop three minutes before crossing (haw or swing bridges, s. ,U ........ . Hi 
 
 Notice to be given by t;ompany constructing swing bridges over navigable waters, ^^^ 
 
 S. 71, ss. 2 • ; • • • ■ • ,■, ,-« 
 
 How only the railway may lie constructed in such places, 8. <1, as. .i uj> 
 
 Apiili'^ation of the " Act l{e.-pectiiig Bridges," s. 71, ss. 4 ji^ 
 
 Powers of Parliament reserved, s 71, ss. 5 ._. ^V ' ' ' " ;. .V-n 
 
 Enactment not to apply to lliver St. Lawrence or lliver St. John, s. 71, ss. (i 1.8 
 
 BUYDGES, C J. 
 
 Ajrcement with Northern linilwarj Company. „, ^ _ ., 041 
 
 To be first Referee of Northern and North-Western Railways -41 
 
 Bl'CKSTRiiM. 
 
 Ayreement with Alhiim, .,(%« 
 
 Company to place station at seventh line below « -"^' 
 
 Bun DINGS. 
 
 HamiltonandNorth-Wcatern Railway Company. 
 
 (Company may erect at CoUingwood, 37 V. c. 44, s. 4 ■»• 
 
 Railway Act, Ont. „ - 88 
 
 Power of Company to erect, s. 0, ss. 7 
 
 Ayreement with Nortliern Railway Company. 
 
 To be at disposition of Northern and North-Western Railways --H 
 
 Executive Committee to control • • • • ■ • •.• ■ ■ • ; ,■ ; • ■ "•'' 
 
 ^laintenance of, cost <if, of Northern and North-Western Railways to be working ^^_ 
 
 expenses *" ' 
 
 BUULINOTON. 
 
 Ayreement with . i)a.i 
 
 Company to erect Station at " ' 
 
 BuRUNGTON Beach. 
 
 Bn-law of Hamilton, , ... ,. , 1 i\ ooi 
 
 ' Regulations to bo observed with regard to (repealed) -"■! 
 
 Agreement with Hamilton. . , ^., , „ .,, . o!i7 
 
 Agreement of Comiiany with City of Hamilton as to -a? 
 
 §5,000 to be paid by Company '• 
 
 On By-law 87, being continued 
 
 \\\ 
 
272 
 
 INDEX. 
 
 fffp 
 
 : '. 
 
 1 
 
 1 
 
 ■ 
 
 ( ■ 
 
 km 
 
 ?7 
 
 Iliiui.iNfiTov Br.xcu—Cimtiniieil. 
 
 Ai/recment with //<(mi//im— Continmul. i'Aiib 
 
 Company to erect lioiird funueH on each utile of line, through mich Innd, except iit 
 
 rojwlM' criHsiiitiH '.TiS 
 
 To |)ri)vi(le iind iimintiviii proper roivd croMnint.'H, S.V) feet apnrt 2"i8 
 
 County nmy retain ceituin |iortion, forty feet in width 2W 
 
 fn lien of lioard fence, ( 'nnipany may ereet wiro fi-nco '-'.'!) 
 
 ( iiiteM to lie placed on cnmnin^,'>4 'j'li) 
 
 lil'llI.lNOTON CaNAI, SwiNIi HlllDHH. 
 
 Minute of Itailwiiy ( 'onitnittee of I'rivy Couiu'il ftn to '.Ml> 
 
 I'ermiMxion to lie ^,'iven to Company ttnrof<s Ituilin^^ton (!amvl '.'Ill 
 
 SwiriK Hrid^'e not to interfere with road iipproiuheH to ciinal '.'I'.i 
 
 Centre pier to he clear of protection pier of canal '.'I!» 
 
 If level of mil way track hi^'her than f<ide protection pier ; incline to he made un to it.. -■_'(► 
 
 Swivif,' I'.rid^'e to move in one and one-fourth minutes after end adjiiMtmentw Hlackencd '."JO 
 
 'i'o lib alto;,'cther opened in three minutuH from 8turt '.'-'O 
 
 To lie open, exci'pt when tr.ains paHnint,' -'JO 
 
 Not to lie closed when vessels witliiii mile of eivnal 'J',JO 
 
 No fixed li>;ht on lirid;,'e, except ran^,'e litjhti •J'.'O 
 
 Wlien open, switch ]ioiuts to close main line 'J'jO 
 
 Working' plans to he fiirnislieil to I )epartMient of I'lddic Works '."JO 
 
 Kailway ( 'ounidttec to approve <if plans. . . L".'0 
 
 ( 'oUipany lialile to all dama;,'es for olistruction of cainvl to vessels 'J'J() 
 
 To he snliJK^t to all conditions for safety of swin;,' lirid(;eH nnide, or to he made 'J'JO' 
 
 Ferry slips on north-west side <if canal to he altered 'JJl 
 
 To lit! made at rij,dit anjjles, to sido of channel, with depth of water eipuii to exist- 
 
 \\\'^ slips 'J'Jl 
 
 Work.-i connected with sides, bottom, etc., of new wlips to be executed 'JJI 
 
 lioad apiiroiiches to be formed, protected, etc 'J'Jl 
 
 ]{V T,A\VH. 
 
 Hailiriifi Art, Out. 
 
 Powers of I )irectors to make, s, 2fi, ss. Ifi .... lOS 
 
 Imposing, tolls t<i he approved by I,ieut.-(iovi'rnor in ('oimcil, h. 2.'!, ss. '.» 10."i 
 
 To he jmt in writim; and si^'iicd by I'hairnuin, s. ;i'J Uii 
 
 'I'd be suliMUtted to Lieut. -( lovernor, s. ;i'J, ss. 'J. . lltt 
 
 Company may impose penalty on otKcers for contravention of, .s. SO l:i:! 
 
 How notices of, may bu [iroved, h. HI 13:1 
 
 Muiiiripiit hmtiliilitiiin Art. 
 
 I'owers of Mimicipalities to |)as.s reifardin;,' Aid to ltailwayn, s. TmS, hs. 4 l-'i;! 
 
 Sfe MrNic'ii'Ai, Honi sf.s, Tolls. 
 
 Amiiliianidtiitn Aiiri'iiiiciit. 
 
 Applicable to Cnitcd Company 'J'J7 
 
 (Jeneral .Annual Meetin;,' 'J'J7 
 
 Special < ieneral Meeting 'J'J7 
 
 OF ExKcirivK CoM.MrrTKK. 
 
 Aijreemviit villi Nurtliirii Uailirni/ Cnmfiiiini. 
 
 To be coutiruied by Hoards of two ( 'onipiuneM, or by Keferee 2;iS 
 
 SlV EXKCITIVI'; Co.MMlTTKK. 
 
 Q. 
 
 Calkdo.v Kast. 
 Ai/nriiii'tits etc. 
 
 Villa;;e, Company to erct Station at 'JOO 
 
 CaI.KIiO.V TdW.N.SHU- (IK. 
 
 A^'reement mider ( 'ounty of I'eel Mydaw 100 
 
 ]{ecital that portions of County of I'eel aliout to !j;rant bonus lidO 
 
 Coniiiany to erect .Stations at ( 'aleilon Mast 'JliO 
 
 SHlco 200 
 
 'J'hird line Caledon 200 
 
 «.'AI,KnONIA. 
 
 Hamillon ami Luke Erie Itaihenii Coinpanii. 
 
 I'ower to build line from Hamilton to Village of, ;i.'5 V^ic. c, 3(i, s. .'? 5 
 
 P.iwer to extei'.d line from Port Dover, 34 Vic. c. 41, s. 1 1:> 
 
 A'jrevment vitk (•'. T It. 
 
 Agreement between Grand Trunk Railway and Hamilton and North-We.steni as to 
 
 Station at '24.5 
 
 Ivecit.al Station at, erected at joint expense of (Nimpwuios 24.5 
 
 Kecital that aj;reed Companies shotdil deed to each o-her undivided lialf interent in 
 
 Station 245 
 
 Hamilton and North-Western grant to (irand Trunk Kailway half undivided interest 
 
 Station, etc 245 
 
 Grand Trunk ;,'rant to Hamilton and North- Western half of undivided interest in 
 
 Station, etc 24('i 
 
 Neither Company granted land of other on which bnildinRs situate 247 
 
 Buildin^r.s etc., to be held in common 247 
 
 To execute further assurances if re(juired 247 
 
 Each to have peaceable posses.sion 247 
 
} 
 
 INDKX. 
 
 273 
 
 I'AiiB 
 
 il, except nt 
 
 'M 
 
 W« 
 
 '.TiK 
 
 'jr.',* 
 
 '-'".!) 
 
 •.'!!> 
 
 L'1',1 
 
 '.'lit 
 
 '.'lit 
 
 (Ic iiDtd it.. 'J'.'O 
 
 tN Hlui'keiu'il 'J'JO 
 
 '.".'() 
 
 •.".'(! 
 
 '.".'(» 
 
 •-••JO 
 
 'J'.'O 
 
 '.".'() 
 
 '.'•.'() 
 
 •J-J) 
 
 iiiiulw 'J'.'ll' 
 
 221 
 
 mil t» exiHt- 
 
 '2->\ 
 
 I 'J:'! 
 
 •-••.'1 
 
 lOS 
 
 s. !l l(i:, 
 
 Hi; 
 
 lie. 
 
 l:i:! 
 
 ia:i 
 
 I. 4 1.".;! 
 
 '-'L'T 
 
 ■-'•j; 
 
 •-"-'; 
 
 2;is 
 
 200 
 
 lO'.t 
 
 L'OO 
 
 'JdO 
 
 200 
 
 200 
 
 r» 
 
 l:{ 
 
 /'t'Hteni as to 
 
 24.5 
 
 24.5 
 
 If interest in 
 
 245 
 
 ided intere.st 
 
 245 
 
 d interest in 
 
 240 
 
 247 
 
 247 
 
 247 
 
 247 
 
 CAirAwsw—Coiitlniifil. 
 
 Aiinriiitm iritli tl.T.ll. Continued. l■A';^' 
 
 J{y-liivrt of , . 4 . , -•''•• 
 
 (Jniile c.f Kront sticvt, uitered !iW 
 
 I'lxiifiiMf of uniilinK' to lie liorne liy liikiuilton and Lake Krie Hallway Co. . '-'W 
 
 llaHiiiton iiml lukf I'.ric Itiiilwi'.y <'oiiiiiany may ruriy linu to |>aK« over I'ark 
 
 Mtri'ft and iilouft Menit* <tii'it , 2tU) 
 
 Cam.s on Stik k. 
 
 llnmilUiii and Lttkr f.ric liaiUntji Coin)Htn!i. 
 
 I low luiyalilf, :i:! Vict, c. :iO, «, 20 ^ 
 
 lliimilliiti itii'l i\iirHi M'iKlini Umln'iiii Cnmiunui, 
 
 I'owi r of I )iit,'rtoiH to make, ;W Vict. u. 55, m. ',) '■}'-^ 
 
 liiniit of, nanii' sec '•' 
 
 Rdilini/i Aft, Oiif. 
 
 To be made liy 1 )irectorti, ». 27 {"•• 
 
 Notice of how to lie imliliHlied. h^ 27, H'*. 2 1 j" 
 
 I'ayment of, how to lie made, s 27, sh. .t IjO 
 
 liiteient to lie c!iai>!ealile on iin|iaid, «. 27, hh. 4 IJO 
 
 Aiiiouiitof, may lie recovered liy suit, s. 27, ss. 5 110 
 
 What foi-nialilicrt iieceMsarv in actions for, ». 27, hn, (J 110 
 
 I'.naUy for rcfu^in;,' to pay, s. 2/, ss. • ll<> 
 
 iMiifciture .if Hhare to lie taken advanta:,'o of, only at |,'eneral meetini^H, h. ii , mh. 10. . Ill 
 
 I'ltfect of foifcitllie lis to lialiilities, s. 27, ss. 11 Ill 
 
 Diieetois mav sell forfeited shares liy auction, s. 27, ss. 12 Ill 
 
 Certiticate of 'I'veasur-er to lie eviiliMicc of fnrfeiture and of title, s. 27, hh \:\ Ill 
 
 interest mav he alhuved to shareholders [i^yint,' money in advance on their shares, 
 
 H. •.;/. Hs, 14 Ill 
 
 Sir .SH.MlhM ''IH .aUSKKll. 
 
 ('.\N.\ii.\ ('■•unt:: 
 
 Hitmiltdii u 1 cm Raihciii; Compiniii. 
 
 Line i with, 35 V. c. 5.5, h. ."i <*!. 
 
 C.VNMIA I'.VCIF . 
 
 Jliiinih.n (I Hiulvmii Compii))!/. 
 
 I^iue Hii it'll, ;<5 V. c. 55, s. 3 '1 
 
 Itnilirt.ii Aid .. . , 
 
 Aid to roa.;. , s. 25 14.> 
 
 C'anaha Sihthkrn Ka. . .mi'anv. 
 
 HaliliiiKiiid Jlii-litir , . 
 
 Company to t,rant to equal privilegOH with Great Western Kailway and urand Inink 
 
 Kailwav ^^ 
 
 HarniUonitnd Lake Erie Rnilwii.if Compiiiiii. „„,-.. ,,. o iu 
 
 Agreement, granting nmning powers to, liy C ompany conhrnied, ,iO V ict. c. »:>, «... i » 
 Canals. 
 
 HaHiL-aii Art, ())}!. ^ ^ 
 
 ( 'omiiany may cross, s. i», ss. 5 /^^ 
 
 Itex'ulation of railways crossing, s. H4 l'»'* 
 
 Conx. Jta'hraii Aft (I)). _ ._ . 
 
 KegulatKui of railways crossing, i<. C7 : 'Ij; 
 
 Kailway not to olistruet navigation on, fl. GO !<" 
 
 I'Ai'iTAi. Stock. 
 
 Homillmi and Lake Erif Railifaii Companih ^ 
 
 Of Comiiaiiv, to lie ^2(10,000, :« Vict. c. 30, s. (I -_) 
 
 Divided into 40,000 shares of s.-,0 each, :« Vict. c. HO, «. AV<t-' i" "-ir " r - 
 
 To he aiiiilie.! in siuvev, c<iiistruction and eiiiii|imi'iit <if line, etc., 3.< Vict. c. .50, s. h :> 
 
 Com.ianv mav inc-ease for Hxteii-ioii to Port Dover to .sl(l(),0(10, :i4 Met. e. 41 s. 11 It. 
 
 C'omiianies having running p<iwtrs over the line not to hold stock, ;i() \ let. c. 41, s. 10 
 
 lluiiiiltdii and Xortlt-Wfulfrn liailtraii Cttmimnij. 
 
 To he .-iOOO.OOO, 35 Viet. c. 5.5, s. 4 ..... . . -U 
 
 What proportion of, to be subscribed before tirst meeting of shareholders, .1;. Vict. 
 
 e. 55, s. 7 ._. I ',,^ 
 
 Sums paid on application of, 35 Vict. c. 55, s. « ._ .- ^-' 
 
 Directors may accept payment in full at any time and allow chscount thereon, .<< 
 
 Vict c. 1, s. 5 ••• ^"^ 
 
 After Amalgamation with Haniilt.m and Li.ke Erie li.iilway, to be increased by ^ 
 
 am.mnt of that Company's stock, :iS Vict. c. 4S, s. 11 ;>l 
 
 Issue of preference stock to amount of t'170.000 Ht..;., 42 Vict. c. 00, s. 2 < 4 
 
 See. IMiKFEKENCK Stock 
 
 Rail wail Aft, Out. .,.,„ 
 
 Power of, Company to increase, s. 20, ss. ■ ■ y ' V i":,-!':' \""'t 
 
 Directors may make regulations for the management of, and facilitate transfers, s. 
 
 20, S.S. i(i ]^r. 
 
 Not to be impaired by dividends, s. 28, .ss. 3 | ' - 
 
 May be increa-sed, s. 2!», s.s. .' " ' Vi, ■' Ci' l' ' ' 
 
 Ten per cent, to be paid on stock within three years from passing of Special Act, s. 
 
 3(; gg 5 1-" 
 
 Company not to iiurchase their own or the stock of any other company, s. 29, ss. 7. . . 121 
 .Sec Cai.i.h on Stock— Sharks and thkih Iiianhfeb. 
 
 I 
 
 •il 
 
 f| 
 
 r-'^ 
 
i\ 
 
 INhKX. 
 
 ■'"'};.„/»■.,,,/ ..1.7. o,.^ , I . » «« '"Vr 
 
 ( '(iiiiiiMiiih'utKin iiftwt'i'n «iiKiiH> (liiMT luiil comlui'tiir nf, h. «H l.i.) 
 
 .Vir hAMiAtiK Cahm -l''itt;niiir ( 'aus -I'ah.skn(,kh (ahm Woou Cahh— Tuainh. 
 
 ('A>Tl..ii ViiTK. 
 
 llililiriiii All, Out. ino 
 
 Clmiiiimii to linvc, H. '.*•>, MM. 13 ■•'« 
 
 Anririiiiiit inlh Jfurtlirni liiulvnii CoiuiHinii, 
 ' Cliiiiiiimn ipf Kxfcutivu ('..iiiiiiitUe of ^forthem ami Noit'i-WoMt' ni HiiilwiiyM not 
 
 to li.ive '— 
 
 Catti.k. 
 
 L'liilira/i Acl, (hit. ... 
 
 IVrMoiiM jiroliiliiti'il from ^'oiii^' on truck with, m. •_"J, sm, j MU 
 
 « niMpaiiv to I'ri'i't tfiice I to ki'f]. cattlf oti line, h. '21, k .7 ; ' ' ' ., "*'' 
 
 Not to \>v ii'ilowii' at hwav on liiK'liway wuliin hull e nile of iiitiTMection of rail- 
 
 way witli lii;;li.viiy, m. it"> _ VX 
 
 Siuli nirtv I'o ini|«iuiiil»»(l, m. iMi VM 
 
 If killi'ili owner to have no liylit to action a>;aiiist ( ini|>an.>, n. l»" l:!(i 
 
 .S(( Cm KI.TV TO Animalm. 
 I'AI". l.K (ilAHll-*. 
 
 Hdili'dii A -I, Out, , , „ n 1, , 
 
 liial)ility of C'oniimny until «'reotfil, m. 22, hm. .t Hl.i 
 
 li/mmiiil Willi Hviiil Wtatini Itailintii Ciim/mnii. 
 ' Hiiniilton ami North >VeHt«ni Kailway (.^oinimny to oonMtnict ut iiroMMinK of (Jri'at 
 
 Wt'storn Railway, near Wi'l'liiixtoi' MMwan- .• -•>(' 
 
 (*AYl\iA, 
 
 Ji(tmillii» (iiid Liikf Eric llailiraii Coiiiiiitii/i. 
 
 I'o^er t«) builil lino from Mamilton to viilivue of, ;13 Vict. e. :t(i, s. ;{ ."> 
 
 Power to extend line from, to Port Dover, ;U V'^i't. c. 41, m. 1 13 
 
 C'EKTUICATKS. 
 
 Haihraii Art, Out. ,^ , , , 
 
 Ai to nia|)^ or jilauH ami liook of relerence, h. 10, hm. 'J '1 
 
 (if oniii.niruM in, h. 10, mm. (i "1 
 
 Of Proiiru-torMhip }r,-iiim fia-k evidence of title of nliarehrlder, h. 27, hs. 7 IH* 
 
 VVant tlienof not to jirt'Vent dlMiMiHal of Mliarew, h. 'Jit, mm. 8 llli 
 
 Of ConimiMHioner of Pnhlic WorkM aM to additional n>iace rei|iiired, m. 40 ll!'-' 
 
 I'roof of, s. 4'_' I-'' 
 
 Railwnii Aid All, Out. 
 
 Form of ( 'ertiHci\ti' of Payment mider Railway Snl>Midy h'und, Scliednle A 1-d 
 
 I'nder railway land sidmidy fund, .Sclied\de 15 1">- 
 
 Chaiuman. 
 
 Hiiiln-mi Art, Out. 1 >.. 
 
 President to l)e of Hoard of I>irectorH, s. '2(5, mm. 10 W, 
 
 In luM absence Vice-President, n. 'M lO'* 
 
 To iiave casting vote, h. 2(1, mm. Ki lOK 
 
 Agreement irilk Northern Jiitilmii/ CnmpiDui. 
 
 ' ' Gen. Manager of Northern Kailway to he always Ohairinan of Ex. t!om '2.'."_ 
 
 To vote only if an appointed member '-'37 
 
 Not to have caMting vote 2.'<7 
 
 Appointment of Chairman pro tern '-•'" 
 
 Chaiks. 
 
 Itailwaii Art, Out. ,. 
 
 To be fixed Mecurely in Cars, ». 88 1 >•' 
 
 Chancks in link ok Kailway. 
 Railwaij Art, Out. 
 
 Company may make, s. 0, ss. iS .'0 
 
 Chartku. 
 
 Railwaii Act, Out. 
 
 Forfeiture of, unless 10 percent, paid on capital within three years from granting, 
 
 H. ;{li, H.S. .'> ;■■■ 1-" 
 
 Punishment for contravuntion of Itailway or Special Acts, not to exempt Com- 
 pany from forfeiture of, a. 35 lH' 
 
 Checks. 
 
 Hail a-aii Art, Ont. .... „, - ,,- 
 
 To be tixrid on all parcels having loop, etc., s. .«. mb. o 1 w 
 
 Penalty for refusing to give, s. ;i;j, as. 117 
 
 Cheltenham. 
 
 Aijrecment with Chinguacousi/. 
 
 Company to place Station at Village of 200 
 
 Chief Engineer's Certificate. 
 
 Hamilton and North- Western Railwai/ Compani/. 
 
 Form, schedule, B. , ;W Vict. c. 55 41 
 
 Chinguacousy, Township of. 
 
 Agreement with, under County of Peel By-law 200 
 
 ( !nni!).inv to j.'lace Stations at Sftlmonvill« . . , , , '200 
 
 At Chelteuhaui; 200 
 
 Ci.l 
 Ci. 
 
 Co 
 
 (•(' 
 
 Ci 
 Ci 
 
VMir, 
 l.T) 
 
 I'llAINH. 
 
 ins 
 
 {ivilwiiyn licit 
 
 KK! 
 
 Kc; 
 
 tiiiii of rail- 
 
 1:ki 
 
 l;«, 
 
 v" i:n; 
 
 lo:; 
 
 liiiK of (Jrt'iit 
 
 S\[\ 
 
 !'l 
 
 Ill 
 
 H8. 7 ni» 
 
 11(1 
 
 4(» ll.".' 
 
 !•-':! 
 
 lulu A l.M 
 
 l.VJ 
 
 107 
 
 ION 
 
 lOK 
 
 ^!om 2:;" 
 
 'SM 
 
 L'a; 
 
 •-»:!: 
 
 1!.". 
 
 110 
 
 jtu granting, 
 
 I'.'o 
 
 xeinpt Com- 
 ll'.t 
 
 117 
 
 117 
 
 200 
 
 41 
 
 200 
 
 , 'iOO 
 
 20(» 
 
 •>V'i 
 INDEX. -''^ 
 
 n.AltKHVII.I.r. . , ,„ , P.UiK, 
 
 Aiirftmiii' iritL roHHovuiiho. . , „ . . m\ 
 
 ( !(iiii)>iiii.V ti) Tfct anil inai'itain Htatloii at ......■•• 
 
 Aiin'in'iil irith Tiriimmtli. y)~ 
 
 Lim- to run iifiir ;• ■,•■■;•• i«j7 
 
 Station to 111' tTf.tiHl and iiiiuntaint.'d. at or near .,. . 
 
 I.iii.- iM.two.n and IJarrif. < Ink-iH in Count il grunliii« aid as t« -* 
 
 Cl I liK OK I'KACK. 
 
 lUiiliMil Art, Out. _ g5 
 
 Meaning' of, h. ;(, sh. 7 •.•••,•;••■.;;■■••,•,;■ ■ ■.. 1)1 
 
 (•„|,yo.- I kH of IvtiT.'n.'f, .:>h<' l.'ft with, K, 10, HH. -' j^, 
 
 To rVemvf <o|.i..H of nri^um] plan, h. 10, k«. 'J, • . • • • • ■ ■ • • • ■ ■ ■ • • • • ■ ■ • ■ ■ ■ - 
 
 CopirM of inai.H, LookK nf rcfrrriuv, rt... (■.•itltu-d liy, ^'ood fvidenc, -. 10, ►h. lU '► 
 
 ('i.n;\ OK ItKioiiDH AND Whits. 
 
 Itailii-a>i Alt, Out. . 1 I'l 1 '.i .Ml ^u !•> »H 
 
 1 i,.|.oHitioiiH, exIiil.itK, <'tr., in arliitratloiiH to U- UU\ with, s. 20, hh. 12 
 
 ClKllKS Ol MiNlCM'Al.rriKN. 
 
 An'iiiiKiiinit Art. . . .. ^ . » .i,- . IW 
 
 Uailway ( 'oiiiiianifM to fiinii>li ccrtuin Htatfiii-nt i to, >*. -d • • • • .^gjj 
 
 Dutil'H of, thlMfOll, .H. 2ii 
 
 fill MMlWOOK. 
 
 Uumilt'miiud North-)Vi»tnn Ihiil 111(11 r KixMiiil. j., 
 
 Coiniiany IP ly construct llraiic) ' i- t , •«; Vict, f-^-*- "•/•_•;;••.■ jV V j 4.-| 
 
 Company inav extend lin- into ..■■, .th oi (Jcorinaii Itay at .)7 \ . i. 44, h. •» ^^. 
 
 liy-law of Town of. ^'laiitov,' aii. coiihn. -il. :t7 \ nt. c. -IJ, s. lo . ;■ •:■,;■■,■,•;,•(_■ ', 
 
 TrustccH to pay at rat- of SiiilO ,iMn,ially to, until the con.inenceinent of the ( oiling- .^^ 
 
 wood Hraiich, 10 Vict. c. 70, s. •_'-... ■ ■ •■ • • ■ • • ■ • • ■ ■ _ ;, .y 
 
 To 1.0 one division of Conntv i i Sinicoe for l.onus i.uri.oseH, 40 \ ut. o. M., s. - 
 
 Line l.etween and Clark.^ville, Onler in (.Jonncil ^'rantlns; aid an to -*._, 
 
 By-law No. 1'47 of ;;, ',■ " J iiV ' * 2(52 
 
 Coi. lany, may carry line alon« VValnv.t Wtteet 
 
 * ""•■'"^:'i;; iSS witluiroceeds of .loint Working and K.pdpiu. nt Bonds 252 
 
 CmlME.NrKMKNT Ol' KaII.WAV. 
 
 numiltimuDU Nurth Wviuri, ruiihciiii Comixthij. _ ;;,, 
 
 To he within two years from Act, ."I." _v ict. c. ...>, ». .10 ►• • ^^ 
 
 Time fill- extended', M Vict. c. ^4, s. C 
 
 Rdihi-aii Ait, Out. X20 
 
 s. ;{(), «H. 5 
 
 ( iiM MISSION. 
 
 ^•^'•'^v'S-SfploSd^^Son^^ 
 
 CoMMISSIONKI' OF CllOWN LaNDH. 
 
 Itailintii Act. Out. .,,,<. r io u.. •* "I 
 
 Duties of, in connection ivith.hooks of reference, s. 10, ss. 
 
 CiiMNHSHlONKROF I'lHI.R' WOUKS. 
 
 '""iZ^'to h^'olitained from, before cro^sinp. uniting, etc., with other railways .. 0. ^^^ 
 
 BH. 1(> •• \Y>. 
 
 Maps, etc., to he tiled with, s. 10, ss. I.? ui '^'\\ " 93 
 
 T , llesi^'nate scale and paper on which niaps slmil Ue drawn, ..10, ss. 14 ^^ 
 
 May grant certiHcate of request of land for additional si-ace, s. 40 ^^^^ 
 
 Ktfecl of, s. 41 '.".'.'...'.......■■■ 'l'-'^ 
 
 Ma/i'Ilii-i oiSiing of 'road; with aiipmval of' Liei.tenant-tiovernor, si -.0 124 
 
 Tenalty for opening road contiary to_ order of, s. 4< .."....... 12.5 
 
 May niodify report of inspectors, s. ol • ■ ^.25 
 
 May regulate speed, s. ri2 . ; ' ' y^r, 
 
 "enidtv for non-compliance, s. i>- ..... ■ ,>'„' l.'.:',,",, k,.,m„..u « -,7 120 
 
 May report to Li^utenuuMJovernor to substitute p. ''uanen for ^wMnr-blulgts, s. .... J-o 
 
 Certain powers vested in with respe.'t to crossing pulmc highways s. ..8 1-^ 
 
 Company to notify orders of, to its othcers, s. t.l. . ..... ...■_■ ^.,^ 
 
 What deemed suthcient notice there..., to t oinpanj , s. w. ^,^^ 
 
 Notice of accidents to be -iven to, ,t. OH • • • • ^j^ 
 
 Ueturnof accidents to be sent to, sjmi-annually, a. m • • y,,^ 
 
 Form to be appointed by, s. 05 , .. .. 120 
 
 Penalty for neglect, s. (Ki ■_ j.m) 
 
 Such returns to be privileged, s. (., ........ . j.,.. 
 
 Notice of orders of, or notices of, how proveil, s. .M ....... ,-^ ^.j^ 
 
 When such proof, ttc, to be a defence for companv , s. p- 
 
 Communication hktween t^AUs. 
 
 '"" Onn^nr io'use the best apparatus for communication betw-en conductor .uid engb.e ^^. 
 drivers, s. f^H l:;r) 
 
 Penalty for contravention, s. S'.t 
 
 CoMI'KNHATTON. 
 
 I aid liv Northern and Ni.rth-Wf.stom r,.ulways, to be w,-.ikin;, . vp.n 
 
 FoK Lani.s Da.maoki>. Hit I-ani.s ank thkih V au'atiun. 
 
 « 
 
270 
 
 INDEX. 
 
 Completion ok Kailway. 
 
 Lake Erie liaiiwa;/ Compnn>i. 
 
 'J"o be within two yearo, ;<:? Vict. c. 30, s. 27 
 
 Exteniiou ol time for. to Caledonia or C-'ayuga, M Vict. c. 41, s. 14 . 
 Ilaniiltun and North- Western JiailMvi Comixiii/i. 
 
 To be within s /en yearH from Act, .S5 Vict. c. 55, h. 30 
 
 Time for, extended, 41 Vict. c. 48, s. 8 
 
 Co.vnrcTon«. 
 
 liaihiHiij Art, Ont. 
 
 Intoxication of, niiademeanor, C. S. C, c. OlJ, s. 105 
 
 (,'oinpaiiy may make regulations, etc., lor, s. 7!> 
 
 .Sec Badcks. 
 
 CONNEOTIO.NS WITH OTHEU RAILWAYS. 
 Railway Aet., Ont 
 
 V.om\yM\y may make, s. 0, ss. l.") 
 
 Ai)i)li<';ition to Commissiiiner of Public Works neces;-arj', s. li, ss. 
 Consolidated Jvaii.wav Act (Can.) 
 
 Hamilton and Lake Eric Jiaihraii Compamj. 
 
 Certain sections of. to ai)i)ly, .3:' Vict. e. 3(i, s. 2 
 
 Hamilton and North-Weittern Jldilicai/ Comiianii. 
 
 Certain sections of, to ajiply to, 35 Vict. c. .55, s. 2 
 
 Consolidated Railway Act (D. Can.) 187'J 
 
 Consolidated Railway Fund. See Railway Fund. 
 Constables. 
 
 Raihcaii Art, Ont. 
 
 Appointment of, s. 73 
 
 Oath of office, s. 73 
 
 Ry wliom to be uihuinistered, s. 73, ss. 2 
 
 P(>wers of, and to what localities they shall extend, s. 7 I 
 
 Duties of, s. 75 
 
 Dismissal of, s. 70 
 
 Record of a))pointment of, to be ke])t, s. 77 
 
 Punishment of, for nejjlect of duty, s. 78 
 
 Persons resistint;, s. 5, 23 Vict. c. 29 
 
 Sec CllUELTY TO Ani.mals. 
 Construction Shops. 
 By-Ian- of Hamilton. 
 
 To be maintained at Hamilton 
 
 CONTRACTOHS. 
 
 Hamilton and North-WeMern Itaihrai/ Com)ian>i. 
 
 Entitled to receive Bonds, 41 \'ict. c 48, s, 4 
 
 Contracts with, confirmation of, 42 Vict. c. 00, s. 1 
 
 Conveyances, t Company. 
 
 Hamilton and Lake Erie Jiaihraif Com jinn ii. 
 
 AVliat form to be in, 33 Vict. c. 30, s. 4 
 
 Hamilton and J\'ortli-Wes(eni Jlaihcaii. 
 
 In what form to be made to Company, .'!5 Vict. c. 55, s. 34 
 
 COOKSTOWN. 
 
 Jjreemcnt vitli Inni.itil. 
 
 Company to erect and maintain station at 
 
 CORDWOOTl. 
 
 Hamilton and North-Western liailva;/ Companii. 
 
 Rates for carrying, 35 V. c. 55, s. 31 
 
 liatcs at which to be carried by agreement with Hamilton 
 
 Colil'OUATIONS. 
 
 Jiatlif 11/ Art, Ont. 
 
 Company may cross land of, s. 9, ss. 4 
 
 May convey land to Company, s. 13 . 
 
 Unable to sell, may agree on fixed rent tor land, s. 17. 
 
 See Mu.NR'iPAL Coupokatki.ns. 
 Costs uv Arhituations. 
 
 Jiailwa^, Art, Ont., s. 20, ss. 7 
 
 &'e Lands and theiu valuation. 
 Credit Valley Railway. 
 
 Agreement with as to Sligo Station 
 
 CUEE^iORE. 
 
 Agreement n-i! Nottawasaaa. 
 
 Ijine to 1 lass near 
 
 Agreement with Hunninnle. 
 
 Company to erect station at 
 
 To maintain same for seven years after trains commenced to run. . 
 Crossinc; Railways. Hcc Intfr.sectkjn of Kailwavs. 
 Crossin(;s. 
 
 Jiailuai/ Art, Cut. 
 
 Power to cross highways, railways, water courses, etc., s. 9, ss. 5. . 
 Signboards to be erected at, s. 21. ss. 5 
 
 11 
 
 It) 
 
 3!1 
 
 118 
 133 
 
 Kit 
 90 
 
 30 
 179 
 
 131 
 131 
 131 
 1,7J 
 
 i;;2 
 
 132 
 
 i:;2 
 13:; 
 l;i3 
 
 204 
 
 70 
 73 
 
 4(1 
 188 
 
 3! I 
 
 19:i 
 
 as 
 
 93 
 94 
 
 97 
 247 
 
 191 
 
 198 
 198 
 
 88 
 102 
 
J 
 
 INDKX. 
 
 :</ 
 
 I'AflK 
 
 . 11 
 
 . It) 
 
 . 3!1 
 Tli 
 
 . 118 
 . l:i3 
 
 . Kit 
 . HO 
 
 I 
 
 . :!() 
 . 1711 
 
 , l:U 
 
 , i:;i 
 
 . ]:;i 
 
 . l.fJ 
 
 . V.vi 
 
 . 1:;l' 
 . i;!:; 
 . V.vi 
 
 . •JO) 
 
 7'i 
 
 ■Id 
 . . ISS 
 . ;i!i 
 
 I'.CI 
 
 8.S 
 . 'M 
 
 . t)7 
 
 . 247 
 
 . . l!tl 
 
 , . 19« 
 ,. 198 
 
 . . 8H 
 . . 102 
 
 Unihvdn AH, Oiit.~Cimtm\wl. » ■»' w 
 
 Openings, gatt^s or bars to lie made at, h. 22, hs. 1 '";; 
 
 Bell or whistle to be sounded at, s. ;i3, hh. '.) 1 1' 
 
 ]{ailwf,y may be refiuired to repair level (Tossin.,'s, h. o'J 1-7 
 
 Precautions to be taken at level crossingH, s ilO 1*; 
 
 To be fenced, s. 98 !•*'' 
 
 C'ltoW.V TiAND.S. 
 
 Jlailwni/ Act, Ont. u,,. 
 
 Powers of Company to or'tcr on, a. 9, s.s. 12 *'•' 
 
 Sec CoMMISSlONEK IJF (JUOWN J^ANIJM. 
 
 C'liiKi/iv TO Animals. 
 
 .IS Vict. r. /,2. (D.Can.) 
 
 \ nterpretation of the word " Cattlo," s. 1 _. ;• \L\ 
 
 Cattle, etc., not to be kept more than 28 Imars without unloading for food, etc, s. ... U\ 
 
 Exception, s. 2 .1. 
 
 Tim', how reckoned, s. 2 |i.., 
 
 Penaltv for contravention, s. T) |' - 
 
 To lie properly fed, etc., during such rest, n. H '£- 
 
 At whose expense, a. '.'< hlTf 
 
 Lien for expense, s. 3 ';; 
 
 Cars to be cleaned out, a. 4 ^^ ^i;^ 
 
 When food and space are sufficient, niiloading unnecessary, s. ^) i<_- 
 
 (Niiistable may enter la-emises to see if Act carrieci out, s. ( |<_- 
 
 Penalty for contravention, s. 7 }.l'.. 
 
 Imprisonment in defaidt of i>ayment, s. 8 ji;; 
 
 Itight of suit for damage not atfecte 1, a. 9 Y-\ 
 
 Api)lication of penalty and limitation of suits, s. 10 i' -^ 
 
 I'll.VKliTH. 
 
 A'ircctiicnt vitk Great WcKtcm naihraii Cdinitaii!/. _ , . . x,- . 
 
 Hamilton and North-Western Company to mamtam on truck, near(.reat Western 
 
 Kailway, at Wellington square -'" 
 
 Ci liATOU.S. 
 
 lluilicaii Act, Out. ^^ ,(., 
 Conveyance of lands by, to Company, a. l.> ' 
 
 D. 
 
 Damages. 
 
 Jtailwnii Aci, Out. j.jj^ 
 
 Limitation of action for, s. .'54 
 
 Hiiihra;/ Accidents Act, lf81. ,..i. 
 
 Time within which action must be brought, a. .)............ • 
 
 Liability of Company to, for neglect of provisions of Act, s. 7 . |J;|J 
 
 Extent of 1 iiability, s. 9 
 
 Daxckkol's Fhkight. 
 
 Ua'dmiy Act, Out. -j^i" 
 
 Carriage of, a. .3.'?, s. 12 • ■ ^-^^ 
 
 Companv may refuse to carry, a. .w, ss, l.i 
 
 Debentuhks. ' Hcc Bonds and DiaiUNTiuE brocK. 
 
 DKPOSII'IONS. 
 
 Jtuihriiii Act, Out. _ . (|o 
 
 In Arbitrations to be in writing, s. 20 ss. IZ . . . • ; 
 
 To be filed, with Clerk of Records and \V rits, s. JO, ss. 12 '■> 
 
 Depots. 
 
 lidihraij Act, Out. gg 
 
 C(uupany may erect, s. 9, ss. 7 
 
 Devi.uion oi' IjINE. 
 
 llaitmni Act, Out, 9,-) 
 
 s. 9, ss. 18 ;,:> 
 
 S. 10, ss. 11 " 
 
 DiRECTOU.S. 
 
 liy-liiw of HnmiHon. _ 204 
 
 Board of, to be located iit Hamilton • 
 
 »f I'UESIDENT AND DniECTOUS-l'UOVlSlONAI. UlUECTOKS. 
 
 Disconnection ok Caus. 
 
 Eailwdi/ Act, Ont. . <■ 00 l.'i.5 
 
 C!ompany to use best apparatus tor, s. ^^ j^.^,. 
 
 Penalty, a. 89 
 
 DisTitEss. Sec Tolls. 
 Ditches. 
 
 Railwaij Act, Ont. no 7 103 
 
 Company to construct, for tencea, a. ZS, as. t 
 
 Dividenu. 
 
 Itailwaij Act, Ont. , , , , , „ .,« 112 
 
 Declaration of, by shareholdera, a. J8 ^^,j. 
 
 At BO much per share, s. 28, sa. 2 
 
 li 
 
 I 
 
278 
 
 INDEX. 
 
 DiWDKVn-OintinucJ. 
 
 Jiailwai/ Act, Out. — Continued. 
 
 Not to impair tlte capital, h. 28, as. 3 
 
 DirectorH may pay interent on .-urns called uji in respect of shares, s. 28, 
 
 No interest on sliares in arrear, e 28, ss. 5 
 
 Division of Pkofits, 
 
 Aimemcnt with Northern Railway Company. 
 
 of Northern & North-Western Hallways 
 
 i>ce Net Kakmnos. 
 Docks. 
 
 Hamilton and Lake Erie liaihvaii Compaiiii. 
 Company to have power to erect, 'M> Vict. 
 Dkaw-Hhidgks. Sec Bkidijes. 
 
 DUNTROON. 
 
 Aiirtiiiieut with Essa. 
 
 l/ine to pass nijar 
 
 p.i 
 
 f H. 4 . . . 
 
 S-., R. li 
 
 B. 
 
 E.^ciEii, J. E, 
 
 A^'reement of Comp.any with 
 
 Company not to obstruct ditch constructed across certain lands 
 
 Provided ditch not to be wider than twenty feet 
 
 Kager to maintain same and i>rot('ct end)aiii<ment; 
 
 If ditch not protected. Company may fill same 
 
 Kl-EVATOKS. 
 
 Hamilton and Lake Erie rtaihmii Companii. 
 
 Company to have power to erect, 'M't Vict. c. S.">, s. 12 
 
 Bji laii- of Hamilton. 
 
 'I'o lie inaintaine<l at Hamilton 
 
 I'omjiany not to build on Lake Ontario, otherwise than at Hamiltmi 
 
 A(jrtr)iiint with Northciii Railway Conifany. 
 
 To be at dispositicn of Northern and North-Western Kailways ... 
 
 Hamilton Elevator, — Ex. Committee not bound to work luitil same i)rop. of North- 
 Western 
 
 Maintenance of, cost of, of Northern and North-Western Railways to be working 
 
 ex|)enses 
 
 TJent for, Hamilton Elevator, not to be workint; expenses until subject to pro- 
 
 vi.-^ions of <ither jiroperty of Hamilton and North-Western Jlailway 
 
 North-Western Company .igrees to purchase ." 
 
 Same to be placed under control of Ex. Com 
 
 En'gi.se Dkivek. 
 
 Intoxication of, misdemeanor, C. S. C, c. 60, s. 105 
 
 Kail'ray Act, Ont. 
 
 Company to make rules, etc., for, s. 79 
 
 Equipment. 
 
 A'jreement with Northern Railway Company. A..^-^ "^ , 
 
 Inventory of to be taken 
 
 To be at dispiisition of Northern and North-Western Railways. 
 
 Executive Committee to control 
 
 Maintenance of cost of Northern and North- Western liailw.ays to be workingexpenses. 
 
 ES(jrESIN(i, 'I'CWNSHII' OF. 
 
 Atjreements. etc. 
 
 Agreement wilh Comp.iny under By-law of ( 'ounty of Halton 
 
 Recital, Halton about to pass by-law for .'?tl.^i,()0() 
 
 C'ompany .authorized to enter into agreements with Municipalities griinting bonuses. 
 
 Esijuesing part of section of Muiucipality granting bonus 
 
 < 'om])any to erect stations at Lot 22, Esc'piesing, called (ilen Williams 
 
 If practicable to diverge line 
 
 At cross ro.ads between lots l.T and 10, 7th con., called Stennaton Station 
 
 .EssA. 
 
 Agreements, etc. 
 
 Agreement with Township of 
 
 Conii)any to expen<l ."JKiOjOOO on Collingwood branch 
 
 Company to erect stations .at Cookstown 
 
 At Tli(U'nton 
 
 intersection side line between 20 and 21, Essa 
 
 By-law ;iOth June, 1877, and Agreement thereiinder 
 
 ESTA lil.l SH M ENT E X I'ENSES. 
 
 At/reement with Northern Railway Company. 
 
 Of Northern and North-Western Railways, to be working expenses 
 
 Evidence. 
 
 Raihiaii Act, Ont. 
 
 Of Books of Reference, s. 10, s.s. 4 
 
 Certificates of proprietorship prima facie eviilence of sliareholder's title, s. 27, ss. 7. , 
 Copies of minutes of Company to lie prima facie evidence of proceeedings, etc., s. ;(2. 
 8s. ;{ 
 
 ■VOE 
 112 
 112 
 112 
 
 2;h; 
 
 21 
 
 i:a 
 
 204 
 204 
 204 
 
 2or. 
 
 20."> 
 
 21 
 204 
 
 2:14 
 2.! 4 
 2X< 
 
 2;!:. 
 2.')2 
 2.'i2 
 
 lis 
 i:!:{ 
 
 2;<;i 
 2;iS 
 
 23."> 
 
 201 
 201 
 201 
 201 
 201 
 201 
 202 
 
 101 
 102 
 102 
 102 
 102 
 2<IH 
 
 IM 
 
 9t 
 110 
 
 tlti 
 
's 
 
 INDEX. 
 
 27f> 
 
 PAOE 
 
 112 
 
 FH. 4 ll'i 
 
 11^' 
 
 •r.iw 
 
 •21 
 
 T.a 
 
 . 204 
 . 2(14 
 . 204 
 
 . 2or. 
 
 . 20.". 
 
 . 21 
 . 204 
 
 . 2(': 
 
 . 2:14 
 2;i4 
 2:-i."> 
 
 2;!.i 
 
 2:^2 
 
 2:i2 
 
 lis 
 
 i:!:{ 
 
 2;« 
 
 2n;i 
 
 2;iS 
 
 igexpenses. 23."> 
 
 201 
 
 201 
 
 g bonuses. 201 
 
 201 
 
 201 
 
 201 
 
 202 
 
 I'.tl 
 
 102 
 
 102 
 
 102 
 
 102 
 
 20H 
 
 '2M 
 
 9t 
 
 27, Bs. 7.. 110 
 etc., 8. H2, 
 Uti 
 
 KXFXUTIVE COMMITTP.E. „ „ ^ T.UiE 
 
 Aareemcntwith Northern Ruilvaii Company. . ■M-,,rthem 
 
 '^ To superinten.l and to make rules, and regulations ns to working lines of .Northim _^_^^ 
 
 and North- Western Railways : ' ' ' ' ; 1 ; ■.„;': 23;i 
 
 To control locomotives, vessels, plant, stores, etc., ol two companus .^.^^ 
 
 To control buildings, sidings, machinery, etc ,,.^^ 
 
 Not to be sold without consent of • ■ • • : ' ' W '.itV. W^JtV-W '':U 
 
 Not boimd to work elevator at Hamilton, until same property of North-Weste.n. . .. -•« 
 
 Expenses of, to be working expenses 2;U» 
 
 Api)ointment of -3*> 
 
 JSS'lMrLtor'NorU^^ Wen if not appointe.l member • ||7 
 
 Four api»iinti!d by Northern Board 237 
 
 Four by North-Westeni o;^j 
 
 When first members to be appointed 237 
 
 Vnfincv bv death to be tilled and how • ;,■•■'■'■■■ 937 
 
 MaSi lS.>r. or General Manager of Northern, always ( 'im.rman W7 
 
 To vote only, if an appointed member 237 
 
 Not to have casting vote ' 237- 
 
 Appointment of Chairman, pro tan, 237 
 
 Members of, may appoint proxies .......•; • 2;iS 
 
 May make by laws foi regulation of business, etc V.V.'^'.'.'. .. ■ ■ 23S 
 
 Fixing (luoruni . . 238 
 
 lli^^Kf to t-coniirmed by Bo^vrd of eacli Company,- ;;r by Tleferee- V. 23H 
 
 Four members of, to be (luorum •••••••. L';:L;Vi; 238 
 
 Meetings of, to be held at Toronto, twice each month ^^^ 
 
 Chairman may call at Hamilton or elsewhere 238 
 
 Notice to mei'nbers to be posted two days before meetmg ,,.^^ 
 
 Secretary of N.u-thern to be Secretary of .^.jj^ 
 
 ^'"c5i::f ^:,;:. 'tf be- forwlirded t;; VVm-eciive CompaWies' ■■■■■■■■■'■''■'■■ y_ f^^ 
 
 Powers of in working railways _ 230 
 
 Sl^f alld S^tSnf mX Cto- 1^" colifirmed by both' C.mpanies- :::::: ^ 
 
 Not to hx rate's to discrindnate against Hamilton or 'J oronto -:|;; 
 
 p;ngagements of, binding on both Companies .,^.^ 
 
 To control receipts and disbursements 240 
 
 To cause proper accounts to be kei)t. . . . . . • 240 
 
 To furnish half-yearly statements to each Company ^41 
 
 SS Soint S;^S^?ieir£5.aon Ei^utivecommittee; i :::::: ^ -^ ^ :: ^ ^ •• - J^l 
 
 Four members of, may give notice for new Referee ^41 
 
 To name new Referee by unanimous vote 241 
 
 One week's notice of meeting re(iuired. 242- 
 
 If not a"reed as to Referee, what to be ilone. .• V ' ' il "")1 
 
 May sell pleJjje, etc., joint, working, and e.,n.pmentAbonds • - ^ 
 
 KxKdTOUrt. 
 
 liailu-ai/ AH, Ont. OS 
 
 May convey land to company, s. 16 
 
 KxEMi'TioNS. Sec Assessment. 
 
 Kx'l'FNSION OF TjINE. 
 
 ' j'lamiiton ami Luke Erie Kaihra>/Compan,f. j.. 
 
 Power of company to make, 34 V'^t. ^ fi ^-i, ■ • • • • ; 1.-, 
 
 , To Port Dover— when to be made, 34 V let. c. 41, ^. i. 
 
 m 
 
 '''""'''l^s^t be carried on payment of, s. 33, ss^ \\t^ 
 
 Cm ^/liable for refusal to carry on l'ay">en of, s 3.< ss 4 :•;.;;:; y.;; I's 
 
 Passenger refusing to pay may be put out of cai .^, s. 33, ss. iU 
 
 Fap.m Crossinos. 
 
 JiailuMtir Act, Ont. 1 „i. „ 00 If"'- 
 
 (M'enings, gates, and bars to be made at, s. iJ 
 
 Femes Covert. - • 
 
 liailwa II Act, Ont. , , , ,. „ 1 •« ^'^ 
 
 Conveyance of lands of, to companj , s. 1.1 
 
 Fences. 
 
 llailwaii Act, Ont. .„ 102 
 
 To be erected on each side of railway, s. 22 . ... . . .^ ^^y^ 
 
 Meaning o. " openings, gates, and bai-s, s. -.-, ss. - 
 
 Iv 
 
 II 
 
14 'IS' * 
 
 280 
 
 INDEX. 
 
 VEyvF.H—C()ufiiii(r/l. 
 
 Jiuilwni/ Art, (>i)t.~- ('<mtinnet\. 
 
 Liability of company until erected, h. 22, ss. :{ '''V,w 
 
 \V lien erected, exempt from liahility, s. 22, sh 4 , !, 
 
 1 ersons prohibited goinj,- within ontrack, with cattle', etci «! '22' h'h h 1 { 
 
 Or walkini,' on railway track within, h. 22, si ii j,,;! 
 
 Finks and Pknaltiks. 
 JlaUwni Act, Ont. 
 
 How i-ecovered, s. ;i4, ss. 2 ,,„ 
 
 How applicable, s. 34, ss. 3 ...'..'..!.. J, 
 
 When party may be committed, s." 24, "ss. 4 ;,';,' 
 
 Jor refusinj,' to pay calls, H. 28, hs. 9 {, I 
 
 On CompanieH or their Ufficern refusing 'or ne-ie'ctimV to' f.lrward traffic s"7'l' iu 
 
 Lomj.any may impose for contravention of By-laws ! ..,„.. , ;..■; s.' 80 I'j I 
 
 FiXKD Ltchts. ' ' 
 
 Minute. Udilwaii Committee, Prini Coiinei/. 
 
 Not to be on Burling,' ton Bri'dtje, except range lights 220 
 
 I'lX l;i) ]MACHINKltY. 
 
 Aijrccmtnt witk Nortlicni J!<ii!iriiii Compnmi 
 
 To be at disposition of Xortiiern .ukI North- Western Hailwavs •)•.. 
 
 -I'-xecutive Committee to control . Ti-,, 
 
 1' LOATS. -H 
 
 llidliraii Art, Ont. 
 
 Company may acquire, s. 1», ss. 7 ^^^ 
 
 FOOTHltlDCJK. 
 
 Kail wail Art, Ont. 
 
 At level crossings, s. 94 1 ii- 
 
 FOUFEITUKK OF ShAUES. 
 
 liaihmiy Art, Out, 
 
 Penalty for non-payment of calls, s. 27, sa. 10 . . 111 
 
 Effect of, as to liability of shareholders, »■ -7, fii^.H .'.........'.'.'.'.'.'.',,',', \\" \\" " ip> 
 
 Hamilton and Lake Eric Railvai/ Cnmpnmi. 
 
 Form of c-nveyance of land to compa'ny, 3.S Vict. c. 30, sched. A ] •> 
 
 iinmiltuaand J^orth-Weatcm Itailwan Comi)anii. 
 
 Form of cnu ey.ance of lan.l to cmnpany, .i') Vict. c. m, s. 34, sched. A 40 
 
 1< orm Chief Kngineer's certiticate, sched. 35 Vict. c. 55 41 
 
 bale of shares, s. 20, sa. 2 -.l, 
 
 Ilailwaii Art, Ont. "^'^ 
 
 Oath of office of consta!)le.s, a, 73 ■,.,, 
 
 Ji'aiiu-ai/ Aid Art. ' 
 
 Certificate for payment under l^iihvav Siilisidv Fund sched A l.-,i 
 
 Certificate for payment under Kailway Land Subsidy K„n,l, "sch'.-d.']}' I'v) 
 
 Cons. Had wall Art, 18711, D. Can. , v.11 ,1. j> i,,_ 
 
 Iteturns under Consolidatetl liaihvay Act, sched. 1 and 2 179 ij^(, 
 
 Freight. • ... , 
 
 Jlailway Act, Ont. 
 
 Power to convey goods over railway,'s. !t, as. 10 -ia,. 
 
 Goods to be carried on payment of,' s. 33, ss. 3. . . . . '. . , 1V7 
 
 Liability of company for refusing to carry, s. .S.i, ss. 4 ...,,, 117 
 
 FuEKiHT Cars. ' 
 
 lUiihrati Art, Ont. 
 
 Not to be in re.ar of passenger cars, s. .t!, ss. 7 ■,-,■• 
 
 Pas.-Hiigcis injured on, no claim to dama;!,'es for injuries, .s. 33, ss. ll" .'.'.! ! 118 
 
 FuEiiurr Sin-ns. 
 
 hail trail Art, Ont, 
 
 To be maintained at Hamilton ,,/^ , 
 
 Frogs. 
 
 Itaihcaii ArriilentH Art, 1881, 
 
 Space between to lie filled with packing, a. ,,.- 
 
 ' "' lui) 
 
 G. 
 
 (rAi;(;K. 
 
 A(jrccmcnt vith Northern Raihm>i Compnni/. 
 
 "^^ E,"'uiireiSondL^''!'.T?!': .*.". ]'". '!'.'T'* '""' '"'*"'"'" "^ •^"'"* ^^^"'■'^"'^' ■■^"'^ 
 
 252 
 
I 
 
 INDEX. 
 
 281 
 
 I'ACK 
 
 1(W 
 
 105 
 
 lo;{ 
 
 mi 
 
 w. 7 Ka 
 
 ■ni Railway 
 
 2;!i) 
 
 iin 
 
 ii'.i 
 
 ii'.i 
 
 11:! 
 
 c — s. 71, i:i() 
 s. 80, l:j:i 
 
 220 
 
 2:!l 
 
 'SM 
 
 ss 
 
 , .. l:i(i 
 
 .... Ill 
 .... 112 
 
 .... 12 
 
 . . . . 40 
 .... 41 
 
 .... Ill) 
 . ... i;il 
 
 . ... 151 
 . ... 152 
 
 179, 180 
 
 ... 10!» 
 
 . .. 117 
 
 ... 117 
 
 ... 11/ 
 
 . .. 118 
 
 . .. 204 
 
 . .. 105 
 
 urkiiig and 
 
 252 
 
 (iFVKiiAi. Mana(;ku of NouTiiKRN Railway. j,^^^,^ 
 ■inrficmeiit with Northern H<iilwiii/ Coiiipdn;/. _ .,,,, 
 
 " To ivlwayM have seat on Executive Committee even if not member --^i, 
 
 To be always CJhairtnan ;•»%•'•;• ;.V ' 1 \i'\ '"i^ 
 
 To be General Manager of Northern and North-Western Railways -« 
 
 H.millM and N orlh- Western Rmhimu Company. •«, vi-.t r ?•> a 7 55 
 
 J.ine betwton Jarvi.i und-issue of lioiuls m resnect thereto, .W Vict. c. <-, s. < . . . . J.) 
 
 (,U:i>iuiKTo\v.N'. 
 
 "■^'''Agreement" between Grand Trunk Railway and Hamilton and North-Wcstern Rail- _^^^ 
 
 way as to station at i>4;{ 
 
 Recital that lines cross at Georgetown. ■ :"'■'' "xiw 
 
 Waiting-room, etc. , t.. be maintained at joint expense of two comi-anies ^4-^ 
 
 Two companies to be joint owners • 244 
 
 Company recpiiring removal or re-erection to bear costs ,,^^ 
 
 If companies agree as to change to bear expense etnially " 
 
 Either company may discontinue use on six months notice • ^^^^ 
 
 How material to l)e disposed of 7,^^ 
 
 ^^V^VaJ^^!^ of G^knd TnmkRaiiway '^ to signal;, etc! : ! ! ! ! ^ ! 1 ! ! 1 : 244 
 
 S:^^-tSr'Gr.u:dTik^dHamiltona.;dN^^^^ 
 
 crossing at o;{] 
 
 Where connection to be made 2;{1 
 
 Sr;!:r\.SS;^Ser^f^i^:;rTruukRaiu;^ 
 
 Noith-Weslern • • • • ■ ■ • • ■ • •, ■ • • • •; 20:< 
 
 Village of, agieement with, under ( ounty of Hiilton i^> lii^v 
 
 Coilipany to erect station at 70 rods from rear of Grand Irunk LaiUay -«'i 
 
 liKoiuiiAN Bay. „.,,-, 
 
 Hamm>n, and North-WeHern lUiilvmii Ommn,i. 4. 
 
 May extend line into waters of, at Colhngwood, il Vict. c. «, ». •*. 
 
 (il.rNCAIUN. 
 
 AyrcciiHiit nith Mnhmn: UK} 
 
 ("ompany to erect station near 
 
 Ai/rccmeiit with .Stinniddlc. ^ IIW 
 
 V "ompany to erect station at ......... ;'VmV, . 198 
 
 To niaintain same for seven years after trains commence to lun • ■ • ■ 
 
 '""'^'iiEiS'tfrt'^^-Lot 22, lOth ConcesBion station to be called ^01 
 
 Goons. Stv Fhkicht. 
 
 GoVKUNOU-GkNKRAL in COUN'CIL. 
 
 VonHolidated liiiilwaii Aii, Can. .„i„.,Uf,„l t,, OS H" 
 
 I'lana of bridges over navigable waters to be subn.itted to, s. 08 
 
 GiiANn RivKii. . ^ 
 
 Aamnunt with Haldimand Kan;ialion Compan.n. o,;:j 
 
 Navigation of, not to be interfered witli by Kam 
 
 (iUANM) Tur.NK l:.^ll.WAV CoMTANY. 
 
 """tr::::^:il^i Sldn^ ;^;::::::'to ..y company confirmed, 30 Vict. c. 85, s. 2. . . 18 
 '^^'coia^vt'g;^ to enual privileges with Great Western Railway and Canada ^^^. 
 
 AgrSSltwiilr&ion'andNortli-WeJtern a; t;; crossing at Georgetown 2;U 
 
 Agr^mS:^;wi;h Hamilton and Nortli-Westeru as to station at Georgetown 24:J 
 
 Agr^,Sof:^;h Hamilton and No.th-Westeni as to station at Caledonia 245 
 
 Sa' Ck"ClK)NlA. 
 
 iluAXT OF Lands. 
 
 Had wail Act, Ont. 87 
 
 Company may receive, s. 9, ss. 1 
 
 (lUASS. 
 
 Hadwaij Act, Ont. , , n 1. v, . i.,i.i ,i,.i.rn wlHi s 'V.) 136 
 
 Land adjacent to line owned by Company to l)e laid down witli, s. .>.» 
 
 GliAVKL i'lTS. 
 
 Hamilton and Lake Eric Ilailwaii Company. 20 
 
 Power t.) accpiire lands for, liO Vict. c. 80, s. lu 20 
 
 Railway Act to apjily, s. 10. .'f '.■.'.^' il .....'. 21 
 
 Company may lay down tracks to lands used toi, s. 11 21 
 
 Railway Act to ai)ply, s. 11 ' ' " 
 
 (.JiiFAT Wkstkkn Railway Co.mi'anv. 
 
 Hanulion and Lake Uric Hail way Company. confirmed 30 Vict. c. 85, s. 2. . 18 
 
 Agreement granting running powers to by Company connrmeu, .>o 1 t 
 
 
282 
 
 INDEX. 
 
 (JitKAT Wkstern Railway Compm^y Continnetl. . 
 
 By-hni} iif Couiiti/ Uahliintuiit. p^nf. 
 
 C'onipiiny ti> K'nviit eriuiil privileges to with (Jiand Trunk Railway and Canada Sontli- 
 
 era Railway !><(; 
 
 Hamilton Jii/'law, 
 
 Company to forin junction with, in Ilaniiltou •_>(]( 
 
 Agreement witii Hamilton and Xorth-Western, an to crosninj,' near SVellington S(|uare. •.".'."i 
 Hec Wki.linhton S^iakk. 
 
 CI KEEN WOOD. 
 
 At/reimrnts, etc. 
 
 Rate at which to be carried by agreement with Hamilton I'.i'.i 
 
 (JnOS.S KARNISCiS. 
 
 AijrtemiiU with Iforthern liaihmii Com /la nil. 
 
 Proceeds of lands sold, not to be ..,..' -jlVi 
 
 Working; expenses to be paid out of -'X, 
 
 fiROl'PINO (.'l.AtsKS. 
 
 Repeal of, 4;> Vict. c. 27, s. 17 10;j 
 
 (JrARDlANH. 
 
 Hail im II Art, Ont, 
 
 Miiy convey land to company, s. l.T 0:5 
 
 GUNPOWDKR. 
 liniliraii Act. 
 
 (Jarria^'e of, s. ;i;i, ss. 12 Us 
 
 H 
 
 i 
 
 il 
 
 IT H. 
 
 llALDIXlANl). 
 
 hii-hufs, etc. 
 
 15y-law of, granting aid to Hamilton and Lake Erie Railway Companv, ><(ir>,000. . . . IS.". 
 
 < >n certain conditions !<<."> 
 
 Rond given by company . . . . . l!>.") 
 
 J'enalty ...............'.!.'.'."..'.'.".',',.. IsH 
 
 Company to erect Flag Stations at Rallsvillc or Hullsville, and procure Grand 
 
 Trunk Comiiany to eieet Station-house at lird line, Seneca ISil 
 
 Company to grant (ireat Western Railway, Grand Trunk itailwuy, and Canada 
 
 .Southern Railway, running powers '. . isd 
 
 IIai.diman-I) Navication Co.Mi'ANV. •■■ 
 
 Aijrci incut with. 
 
 Agreement, Hamilton .and I,ake Erie Railway Companv, and 2iV2 
 
 Grant to com])any, right to use water for ram '. 20;! 
 
 Power to dig trenches, etc 2(i:! 
 
 Eor twenty-one years ...... -^^ _ 
 
 Yearly rent, .*40 half yearly , '.'.'.['.I'.'... .................. . 2(J;! 
 
 Covenant to grant another lease .at expiration of term, containing like words 2t>;i 
 
 Navigation on Grand River not to be interfered with -'(i;! 
 
 Hai.ton. 
 
 Hamilton and Northern Railwaii Com/Hinii. 
 
 Line to be constructed through County of, .S.5 Vict. c. '>'>, s. :! ;!0l 
 
 Aijrcements, etc. 
 
 By-law of. County of, granding aid to compar.y 201 
 
 Agreement of Township of Esipiesing thereunder 201 
 
 Agreement of Town.-hip of Nelson tiiere\uuler , , 202 
 
 Agreement of Village of Burlington thereunder 202 
 
 , Agreement of Town of Milton thereunder 20:{ 
 
 Agreement of Village of Georgetown thereunder '. 20;> 
 
 Hamilton. 
 
 Hcniilton and Lake Eric Railwnii Companii. 
 
 Power to build line from, to C.'dedoni'a or (\ayuga, ;« Vict. c. .'{(i, s. .'? ."J 
 
 City of, ;)owera of as to Bonds of Hamilton and Port Dover Railway Qo\ 34 Vict. 
 
 c. 41, s. ") ; i;. 
 
 Hamilton and North- H'e.'<tcrn L'aihvaii Comiiar.ii. 
 
 Line to extend from, to B.ay in Tov.-nshiijof Tay, .'tt Vict. c. o,">, ,i. 3 30 
 
 City of, may aid Comi)any by gift of Bonds and' StocK in addition to B(mus, Vg Vict. 
 
 c. 44, s. 10 44 
 
 By-law of City of, granting aid contirmed, .'i7 \"ict. c. 44, s. i() ..'.'...... 4Ci 
 
 City of. By-law of..aiding ( 'ompany and Delientures issued thereunder continued, s. 2. o:} 
 
 Mayor of, to be ex-nfficio Director, s. JH 5 
 
 By-law of City of, cl.ause 15 of by-l.aw no. S7 of, repe.aled, 40 Vict. c. 7t), s. 17^ 05 
 
 By-law of City of, granting .'rSlOO.OOO, '.Itli .lune, 1S7;< 1<»8 
 
 Rate at which cordwood .and green wood to be carried , , . , i;),s 
 
 Cordwood J cents per mile for all stations exceeding 50 mUes, ;<! cents per mile under 
 
 50 miles 
 
 Greenwood 2A cents per mile .......'.'.'.'..... 109 
 
 Agreement with City of, 3rd .January, 1.S74 ..............."., . . . 10!) 
 
 Road not to be transferred to control of another company 1<)',) 
 
 By-law gr.anting $100,000 to company '. .'..'......'....'..'....'. 20:! 
 
 M.ayor to !>o e.r ojfficio director ahvay.-i ■ 203 
 
I'AilK 
 
 nadnSontli- 
 Lsr, 
 
 •-'(It 
 
 ?toiiS(|uaie. •.'■.'."i 
 
 l!i;i 
 •J3.'. 
 
 lo;j 
 
 0:5 
 
 lis 
 
 ii(ir),ooo. . . . IS.-. 
 
 is:. 
 
 is:. 
 
 is:. 
 
 cure Gninil 
 
 isr, 
 
 mil t'aiiada 
 ISC. 
 
 L'lVi 
 
 L'O;! 
 
 •_'(;;! 
 
 u't;:; 
 
 m:', 
 
 •lis L't>;i 
 
 . , I'd;! 
 
 :!0t 
 
 -JOl 
 
 L'Ol 
 
 202 
 
 202 
 
 20:{ 
 
 20;{ 
 
 ft 
 
 o, 34 Vict. 
 1:5 
 
 30 
 
 IS, 3(> Vict. 
 44 
 
 4(; 
 
 iniieil, .s. 2. 'I'.i 
 
 ."( 
 
 .17 ().") 
 
 li»8 
 
 Ills 
 
 nile iimler 
 
 '.'.'.''.'.'.'.'.'. 109 
 
 l!l!) 
 
 l!l!» 
 
 203 
 
 203 
 
 INDEX. 
 
 •283 
 
 K;;lJthm 'i 'u>SaSHn«- ^^, ' .^c' ire^iM Hhed-" .nS elevati..; li. l,e at ^^^ 
 Hamilton, anil there remain 204 
 
 T.) cost « 100,000 ,•••/•■■;•.■■••,•■; ! 204 
 
 Frei'ht for l-ake Ontario, to be trantilui.ped at. . ..... . . . • ■ • • • ••■•••••■■■ v ' |:' , :,, ._.04 
 
 r.m pvnv not to buiM wharf, ti.ni.er boom elevator, etc thereon excei.t m hn>it, .. -U^ 
 
 Kollin" Stock at rate of .«4.00() i-er mile, to be i.urchaHcil by con-i-any .....•• -J^ 
 
 I 'n-iii>iviiv to be an inileiieuilent mail ■ • • • • • ■ • ikvi 
 
 To fi m^u t'tion with ircat Western Itailway in Hamilton. •■••••■ f^. 
 
 Not o r. n ■ n west or south «i.le of roa;l, on liurlinKton Heaeh ("'l'.)^ •_ ^. ■_ • ■ -J 
 
 Nl.r list beacii on north or Houth of same, nor cross same, except by necessity U « !'• ) • • -"« 
 
 ""'■''T inetetween, and Jarvis-Order in Council granting aid. as to 215 
 
 iJHe between, and liarrie. Order in (Council granting aid as to ^1» 
 
 Anrccment villi JNorthern Railway Cowixmi/. ,238 
 
 " ( 'hairman mav call Executive Committee to meet at 
 
 Elevator at, Sec Elkvatous. 
 
 Agreement with (.'ompany as to Jiurlmgton Beacli - 
 
 Hcc Bum.iNUToN Bk.\ch. 
 
 H \MILVON AND LaKK ElUK KaII.WAV CoMl-ANY. ., ^„ ._,- 
 
 Statutes relating to, 
 
 Power of Hlimilton and North -Western to amalgamate with, s. 6 jO 
 
 Directors mav arrange terms of union, s. < ^,j 
 
 TfmSoS^of'ZSholdl'favinu-a.d^^^^^^ ;;; ^ 
 
 If not, further meeting may be called after one month, s. 8 ^^^ 
 
 rrovidld rights ;.f parties having special lieu ..ot impaired, s. 10 ....■■•■■ ;,;J 
 
 ( lon.pany imrchased to exist to ratify agreement, etc ■ _ -^ 
 
 SSV^^.Ie:vtm;i;^-formedby=ui.^^^^^^^ ;:::;; g 
 
 E^^t;i^':?U=S^SK — n'b;^!ui^Iton and Nin^i^Western ^^ 
 N?,*Honds tobe i;;uedon' property "except ifor redemption of former Bonds, s. 13. ol 
 
 " grantii'g bonuses not affected, s. lo 
 
 '"" rt'amuS and'NorthAVestern and Hamilton and Lake Erie amalgamated as Hamil- 
 
 thiorum, s. 4 ■ ■ • : 220 
 
 First Directors of United Company, s. j '.".'.'.'.'.'.'.'.'.'.'. ^26 
 
 ■„i.",." vJio'linilurav (!omi)anv (Repealed by 
 
 22(> 
 22(i 
 
 What statutory pr"ovTsions to regulate the two companies wnen unueu. ». o 227 
 
 Hamilton and North-Western Railway Acts. 227 
 
 Calls on sharehohlers. 227 
 
 General Annual Meetings 227 
 
 Special General Meetings 227 
 
 Aid from municipahties 227 
 
 SSiioHfW^i^'rJ^Ke hoWing;;f eiOOOsi^ares'o^^ calls paid 227 
 
 «^1i^Virl'^I^t^S--endedby37Vict.c.45.B.3.p.24 --■y,^ 
 
 34 Vict. c. 41, s. 15, p. 16 227 
 
 33 Vict. c. 36, 8. 4, p. 5 
 
 i 
 
 I 
 
 I 
 
284 
 
 INDEX. 
 
 m 
 
 m. ! 
 
 Hamilton A\r> Lakk Ehik Haii.way Com'\iix—Cu-tliniic<l. 
 
 Hamiltim <inil Lakr ICrif AitK Contimieil. ,,.,._ 
 
 By-laws iipiiliciilile t" I 'iiited Coiuimny. 
 
 (ieiu-nil Aiimiiil Mt-LtiiiK Ut 'ruexiiiy in (-acli Miiy, s. !) ■»•)- 
 
 Spt'L'iiil Ci'iii'iitl MfL'tiiii,' how called^ h. !» ,'.'..'. •"•"■• 
 
 Wlien Af^rcciiient to come into I'ffect, h. ]() ■ ■■■l..'^.'.'.'.'. ....... '>'i- 
 
 Special met'tiiiK'H to l)t' culled to ratify "i^ 
 
 IfAMILTdN AND XoIITH-WkjsTKUN JUiI-WAY CoMI'ANV. ""' 
 
 Statuti'H relating to, oH *,, -^ 
 
 JfAMILTON AND I'oIlT J)()VKlt HaII.WAV COMPANY. " " ' 
 
 HumilUni and Luke Eiiv Hnilwuy Cumpuiiu, 
 •M Virt. i: -M. 
 
 I'l'ovisionn as to sale of, s. 21 , ,, 
 
 Trustees for sale, aiipoiiited, s. ^'J '....'............'...... "i 
 
 May lit' sold to e<iiiiiiaiiy, s. 22 _ i|'| 
 
 Powers of comiiany, on imrehase of, h. 215 !(» 
 
 Provisions as to liens thereon, s. 24 ".....".!!..'.!!'.".!. id 
 
 On coniiiletioncjf pnrcliase of, Comimny may issne liomis for" SlOo'dOOi s. 2h......" 11 
 
 ."i4 Viit. r. 11. 
 
 Powers of City of llainilton as to honds of, s. 5 |^ 
 
 If af,'reenient m s. 22, ;<:{ Vict. c. Mi, not carrien out in certain times ilro'visli'srsi '. i:. 
 
 Property of, to vest in Haniiito i and I.ake Erie liailway Company, s. '.» r, 
 
 M Virt. r. 11. ' * ■" 
 
 Company to apply preferential cajiital towards ronipletion of, s. !l \-, 
 
 Karnin;,'s to lie applied towards payment ot interest and siukiui,' fund,' s! 'li i:, 
 
 Bondholders of, tlicir rights as shareholders, H. 10 " " i-, 
 
 Property and rights of, vested in Hamilton and Lake Erie Company, s. 1 is 
 
 If hondholders of, refuse to accept Eirst xMorty age Bonds, deferre.l Bond's may be 
 
 b'lvt'n m payment, h. ',i ■' ,,, 
 
 ' Hamiltou and Nurt'U Wvntiva HttUwaii Cumiiani/. 
 
 41 Virt. r. 48. - '- " 
 
 Certain bonds to be given to holders of bonds of Hamilton and Lake Erie Railway 
 
 <^ OP pany in resjject of Judgment Debt of, s. 4 ^;ij 
 
 All projierty after delivery of such bonds to vest in the Hamilton and Ni)rth' Western 
 
 Hallway Coinimny, s. 4 -,, 
 
 IfANNAWAl.I.A. ' ' 
 
 Ai/rcemeiit with Nehon. 
 
 C'ompany to erect a station near .j,..) 
 
 Hahhouus. - - 
 
 Hamilton mtd Lake Erie fiailirui/ <7(iiii]t/itii/. 
 
 Company to have power to construct. .>,; 
 
 .j() Vict. c. 85, .s. 1 ."] 
 
 Head Offick. " 
 
 Jill-law of Hamilton. 
 
 To be located at Hamilton OD I 
 
 Hk;ii Stkeet (Bauuii:). " 
 
 Agreement iritli Harric. 
 
 Conipanj- not authorized to run on in- 
 
 Hk;hways. '■' 
 
 Hamilton and North- Western liailwau Comtiami. 
 3!t I ict. r. 72. 
 
 Municipalities may grant company right to lay on, s. !) m; 
 Railwai! Art, (hit. ' ' 
 
 -Meaning of, s. .'?, ss. ,^ 
 
 Certain powers vested in Commissioner of Puiilic Work's 'with regard to crossiniron 
 
 level, s. .(8 *' ...,, 
 
 ( jarrying railway along highways, s. 21, ss. 1 ■■■■■'■■■.....................'. lu"' 
 
 Railways not to rise more than an inch above when crossing, s. 21, ss 2 lO'" 
 
 iice Bui DOES, Cuossi.S(i.s. 
 
 Houses. See Cattle. 
 
 HULLSVILLE. 
 
 At/reement with Halilimaml. 
 
 Company to have Hag station at jg5 js;,; 
 
 I 
 
 Idiots. 
 
 Jiailiraij Art, Out. 
 
 (.'onveyaiice of lands of to Company, s. 13 n.) 
 
 Incohpohation. ' 
 
 Hamilton and Lake Eric liaihcau Comnanv, 
 
 ■M Vict. c. m. s. 1 ...:.... 4 
 
 Hamilton and North- Western Railway Company. 
 
 35 Vici. c. 55, s. 1 .^f. 
 
 Incumbkance.s. See Lands and their Valuation. 
 
 Infants. 
 
 Conveyance of lands of, to Company, s, 13 g^ 
 
INDEX. 
 
 285 
 
 I'AiiE 
 
 .... 227 
 L'L'7 
 
 .. .. liis 
 '»l t.. 7s 
 
 !» 
 
 H 
 
 1(1 
 
 ll» 
 
 m 
 
 . :i"> 11 
 
 14 
 
 visii, s, <i,. . ]:, 
 
 l.-| 
 
 1.-) 
 
 I, H. it 1.-. 
 
 ir. 
 
 IS 
 
 )iul8 may be 
 Ill 
 
 ie Uiiilway 
 
 (W 
 
 tliWestern 
 70 
 
 iOL* 
 
 -jr. 
 
 :.'l 
 
 201 
 
 10.% 
 
 .v; 
 
 4S 
 
 uroHsiiifj on 
 
 124 
 
 102 
 
 102 
 
 185, lSt> 
 
 9;{ 
 4 
 
 m 
 
 9i 
 
 INNIHKII-. „ , ^ ''^'''' 
 
 Hdiiiili'Vi ami Nnrth-Weflrrti Rnihraii Cnmpani/. , ,r. -. , i-a 
 
 AKreeintuit l)etwutii ( 'oiimany uiiil Tuwii«liip of, l0),'ali/e(l, 40 \ let. e. ((>, !<. 1 •>» 
 
 AuTfeiiifut with, iinilcT Hy-rivw \*^ 
 
 Kffital that ( 'ii\iiicil intends to i)aN8 By-law to ^ive !?20,0()0 l";f 
 
 llimlit.i I'litertaiiifil as to it.s Icgiility |'^' 
 
 ('(irii|iany unilfrtako to ^et Act to establiHh By-law 1»7 
 
 Will get aKreeiuent anil liimit IcKalized J^ 
 
 Bonus to lie rcfundi'd inilenH Siincoe Kivew !?;teO,000 1«» 
 
 t'oinpanv to erect xtation at (,'o(/kHtowii 1[*^ 
 
 At Tliornton ■ . • • . • J^" 
 
 At internection of nide line between 20 and 21 hnna '"J* 
 
 Will keep and maintain same loJ 
 
 Company to have ri„Milar trains runiiini,' from Hamilton to Barno within five 
 
 years from by-law • ^rj 
 
 Otherwise to pay interest at « per cent, nntil completion of railway !«« 
 
 At,'reement witli ; . ■. ■; •••■.•• Tina 
 
 Itecital of necessity of varying route on account of enKineerin-t dithcnlties.. -<>.» 
 
 (Nimpmy covenants to erect a Haj,' station at 10th con. Township of Tnnishl -»■ 
 
 Company covenants that Township may redeem )!I20,000 of d.bentnres within year. . 2 . 
 
 Company covenants that they are entitled to receive debentures J-'M 
 
 Township sanctions deviation in route '-^^ 
 
 Tssi'K.nioN 01' Haii.wayh. 
 
 JiailwKii Art, Out. -™ 
 
 Ixiiil way I ns] lectora, s. 43 |;^'.1 
 
 ]>nti(s of, s. 4:< •. .• • • • ; ■. *"' 
 
 Kailwiiy not to be oi)ened till after one month's notice of intention to open same, s. 44 l..i 
 
 i'eiiaity for contravention, s. 4.") • • ^-^ 
 
 Commissioner of Public Works on report of Iiiispector may order postponement ot 
 
 opening' of road, s. 4(1 ^y^ 
 
 Penalty for openim: contrary to onler of CommissiouiT, s. li j--* 
 
 When only such order to lie'bindin;^' on < 'ompany, s. 4H 1-4 
 
 When any Railway brid-e condemiUMl by Commissiimer and Inspector, what to be 
 
 dime," H. 40. . . .' ' ■-* 
 
 When Insi)eetor may forbid runnint,' of trains, s. ;)0_ l--.» 
 
 ( 'omuiissioiie.' may modify report of Inspector, ». .%l j-'j 
 
 When ( 'omi'iissioner may re^ulate spei-d, etc., s. .52 1-y 
 
 Penalty for non-con\pliance, s. 52 ^ |;^'j 
 
 Companiesto atford infoiin tion to Inspectors, a. 5;! |-j> 
 
 Inspf-ctors m;iy use tele ira; ih wires, s. .">4 |-'; 
 
 For what purpose, s. .")4 ^- ! 
 
 Operators, and others to ..bey order.s of Inspectors, s. o:> i - ; 
 
 Authority of Insj.ectors, how proved, s. .5(1 . l-i" 
 
 Lieuteiiant-tJovernor may order permanent bridges to be substituted for movalile 
 
 bridges, s. 57 • :•••;•.•; i' " " 'i' 
 
 Certain powers vested in Commissioner, with respect to crossing higliways on level, 
 
 „ r.\i !-(> 
 
 Eailways niav be re([uired to repair any b^-el crossing, p. 50 127 
 
 Inspector's certificate to be conrhisive, s. oO i--! 
 
 Inspection not to relieve company from liability, s. (10 . |-' 
 
 Company to notify orders of Commissioner to its otHeers, s. (11 1-^ 
 
 What to be deemed suttii'ient notice thereof, « (12 ._ !-'[; 
 
 Notice of accidents to be given to Comuiissioner of Public Works, a. tj,> l-i> 
 
 Keturns of accidents to be made semi-annually, s. 114 j-J' 
 
 Form to be appointed by Commissioner, s. (lo -;^ 
 
 Penalty for neglect, s. <l(i _ t,-' 
 
 Such returns to be privileged communications, s. (lO i-' 
 
 Punishment'o'f i>ersons obstructing Inspectors in the execution of their duty, s. 155 138 
 In.spkction Fund. 
 
 Jtaitivii/ Act, Ont. .,,,., , „„ iof> 
 
 Hate to be contributed by railways for, s, (>8 '■-'' 
 
 Inhuranck. 
 
 Aareement with Nuvthevn liiii'wan Compmiii. ■ . ^ , , . oxa 
 
 Paitl by Northern and North- Western Railway Companies, to be working c.\pen.ses. 2,5(> 
 
 Intkuest. 
 
 Haihrnij Art, Ont. -,-,(. 
 
 On unpaid calls, s. 27, ss. 4 _ ....•■ :,' •.■■'■, '' \i~ 
 
 May be allowed to shareholders pa;>ing money in advance on their shares, s, .,, ^^^ 
 
 Directors to nay on sums called up m respect of shares, s, 2,s, ss. 4 ii- 
 
 When to be' deemed working expenses, s. 101 i-'' 
 
 HcC BoHIW AND DKBENnUE bTOCK. 
 
 Intekpuktation or Words, 
 
 Haitiraii Act, Ont. ' .,f,.> 
 
 " Bars," meaning of, s. 22, ss, 2 J-""* 
 
 I 
 
S86 
 
 INDKX, 
 
 Intkki'ivptation op Wokds -Ciiiitiiiiicd, 
 
 Ci'iitilv to Animal) Act. PAOK 
 " < 'attlo," liifiiiiiii;,' iif, H. 1, 171 
 
 Uni'iriii/ Art, (Jut. 
 
 " ( 'Icrk of iViicfi," nicHiiing of, x, ;), hs. 7 STi 
 
 " ( 'liiuMi'," iiii'iiniiiK of, H. ;t, KM. I'J H,'i 
 
 " ( 'iptiijiiiiiy, TIr'," inuiiiiiiiK of, h. .'!, H^. 10 K"i 
 
 Onm. Uinliraii AH, i'<:'>, 
 
 " ( liinipuiiy," ineuiiing of, h. '21) 175 
 
 Uitilimi; Act, Out. 
 
 " ( 'oiiiity," iiu'iiniii',' of, H. f , HA. ') 81 
 
 " (iiitt'H," iiii'iiuiriK of, M. '22, HH. 2 i'H 
 
 " (t in," meaning of, h. ',i, hh. 4 ' 
 
 " Hi;{hwiiy.i," iiifaiiiiiK of, h. ;<, h*. It )<. 
 
 " .IiiNtici'," iiiiNiiiintj . f, H. 3, Hs. H 85 
 
 " LiitulH," iiit'aiiiiiK' of, H. ;{, HM. 1 84 
 
 " lianilx. The," iiieaniiiK of, h. 'J, nm. .S H4 
 
 " liuasu," ineaniii^' of, h, :i, hh 3 Hi 
 
 Kdilmtfi Aid Act. 
 
 ' ' Minor Mimicipality," muaniiig of, h. 'JfJ, «s. ."> 150 
 
 liai/iriii) Act, Ont, 
 
 " OpeiiiiiKH," meaiiint,' of, s. li'J, hh. U 10:i 
 
 " Owner," ineaiiiiiK oif «. 3, mm. 'J M"i 
 
 Kdilmiii Accidents Act, 1881. 
 
 " I'aukins," nieuninj,' of, h. 3 Kit 
 
 CotM. Jtdilmty Act (D) 
 
 " I'ersoim," what to include, s. liH 17"' 
 
 Haibcitji Act, Ont. 
 
 " PreicribuJ," nioaninyf of, ». 2, 8«. 2 S4 
 
 " Railway," iiieaniii;; of, h. 72 131 
 
 " Railway, The," . .min',' of, «. 3, hm. 11, 85 
 
 " Railway Uompii y," what to incluile, s. 38 122 
 
 " Railway C"oinp.*tiy," nieaiiitii; of, s. 72 131 
 
 " Shareholder," meaning,' of, h. 4, ss. 13 85 
 
 "Sheriff," meaning' of, h. 4, hs. 7 85 
 
 ■' Special Act, The," meuniii;; of, s. 2, sh. 1 84 
 
 '■ Toll," meaninj; of, h. 3, as. 3 84 
 
 " 'IVattic," ineaiiiiij,' of, «. 72 131 
 
 " irndertakin.', the," meaning of, s. 2, ss. 4 81 
 
 A'jreeinent with Northern RitHumii Cumpantj. 
 
 Workinj,' expenses. What to be of Northern ard N'orth- Western Railways 235 
 
 Intkkskction ok Railways. 
 
 Kailicay Act, Ont. 
 
 Rower of Company to cross other Railways, s. It, hh. 15 8!l 
 
 Application to Commissioner of I'uhlic Works reipiisite, s. 9, ss. IG !M) 
 
 Oon» tiiitlwai/ Act (1>). 
 
 Provision as to Provincial Itailvays crossin;,' Dominion Railways, s. 7. ss. 15, l(i. 174 
 
 Ai>i)lication to Railway Committee nece>*Hai'y, s, 7, ss. 10 171 
 
 Jnventoiu'. 
 
 Aijrrcmcnt with Northern Railivnii '/omjhinii. 
 
 'i"o lie made of property, locomotives, plant, tools, etc., of Northern and North- 
 western Railways 233 
 
 Things not consumed to be kept in repair 233 
 
 At end of term to be rentored to each company 233 
 
 Inventory to be made of new property 234 
 
 Valuers when and how to be appointed 234 
 
 IssuK Unboun. 
 
 Hdi/wa," Act, Ont. 
 
 Conveyance ot lands of to Company, a. 13 'Ji 
 
 I 
 
 jARVIh. 
 
 /' 'li (inijt Niirtli Western llnilwail Coiiii>rinil. 
 
 between and (xeorgetown issue of bon<is in respect to, .39 Vict. c. 72, a. 7. . . 
 
 •-etween and Hamilton— Order in Council granting aid as to 
 
 Joint Tl s. 
 
 Jiailwt Let, Ont. 
 
 Sf J of lands by, s. 18 
 
 Joint Wokkino and Eijuipment Bonus. Sec Bonus and Deuentuke Stock. 
 Junction, Hcf Intersection of Railways. 
 
 Lake Erie. 
 
 Hamilton and Lake Erie Riilwati Company, 
 
 Time for extension of railway to, 34 Vict. c. 41, s. 14 
 
 Time for completion of to waters of, extended, 37 Vict. c. 5, s. 2. . . 
 
 0.1 
 
 215 
 
 95 
 
 16 
 
INDKX. 
 
 '287 
 
 PAOK 
 
 m 
 
 a") 
 
 h:i 
 
 H,-, 
 
 175 
 
 H{ 
 
 i'>;i 
 
 (. , 
 
 «r. 
 
 84 
 
 H4 
 
 Hi 
 
 l.JO 
 
 10:i 
 
 h:, 
 
 lt!t 
 
 I-.-. 
 
 84 
 
 lai 
 
 «r. 
 
 121.' 
 
 i;ii 
 
 Ko 
 
 «.*) 
 
 HI 
 
 Hi 
 
 i.n 
 
 81 
 
 re 2;r. 
 
 8!l 
 
 IM) 
 
 H3. 15, 1(1. 174 
 171 
 
 nd Nortli- 
 
 2;?;i 
 
 2:w 
 
 2;tt 
 
 '2:u 
 
 234 
 
 Lake Ontario. 
 
 JJi/-liiii' III' Ifnmiltiin 
 
 Frei^'lit for t > '>« tr;m-<liiii|ieil at IfiiiiiiUoii. 
 
 Jilt 
 
 7... 
 
 ■>.) 
 215 
 
 95 
 
 16 
 
 (;.) uiiaiiy not to build wliuif, tiial...! Imoiu. tic, oil exi'i-pt within limits ol Hamilton. -IH 
 Lakkh. 
 
 Ihiilii'iiii Act, Out. .... ,, u- MVt 
 
 VViiarvi'H on plan of, to lie Hubmittud to l,ic\iti'ii;int(iovernur, h. ».> »*' 
 
 Lands anh Tiikiii V'Ai.nnTioN. 
 
 JInmiltoii (tail Luke h.riv lliiifirmi Cdhiikiiiii. 
 
 ,'tO I'll/. Ill/I. H."l. M 
 
 Power to aci|iiii'i' jaiidn lor k'i'avol pi's, I'lo., h. 10 ... 
 
 ('oiiipaiiy iiiav lay down tiai'ks on inu-rvi-itiim laii.lH, «. '.'■•■•,■•■.>.,••■■•■.;•, V .,- 
 
 Hale to other (■oiii|ianien naiiclioni'.l of poi tions not reiiuired, M V ict.,uar. t-h «. •<■ -• 
 
 Utmillnii tniil Siii-tli-W'iMfVil llnlii'nil I'liniimiiil. ,,„■., .-■ » , r.-. ., o*l 9« 
 
 I'ower of coiupany to uciniie whole lot.-* though lesw would Hullicf, .(■» V lut. « . o.), h. «.i qo 
 
 Jiililiriiii Alt, Out. ^ 
 
 " Land," what it ini'ludi'H, h. .'I, hs. 4 g, 
 
 I'onipany n.ay rBCcivc Krauts of, h, i'. ss. 1 • j._ 
 
 Uompany may puniliam', ftc., and sell thu mime, s. '.I, hh. 2 •■• ^^ 
 
 Coiiipjiiiy may inaU'^ surveys of, s. '.•, m. Lt. . . ... . . . i,' ' ' ' ' i 88 
 
 (Jonipany may carry railway across lauds on the hue of rauwai', s. .i, ss. •» 
 
 Occup.ition of w.ld land, s. it, ss. ;{ ^,| 
 
 (If Crown l/inds, s. 't, hs. 1,'{ ; • ■ ■; g)) 
 
 <'onipensatinii to be made for lands dama','c(i, s. i ^., 
 
 llow delertiiilied, s. 7, ss. 2 im 
 
 Aciiniriii),' chur<h indiieity, «. lU j,!^ 
 
 " lands ill trust, s. lit _ ■ • ,\.» 
 
 Extent <if lands to I.e taken without eonMi'iit ot iiroprietor, s. 11 |J;J 
 
 Kxteiil of puljli(-' lieaclles that may he taken, s. 11 J ' 
 
 C'oiiMirations and others may convey lands to the oonipuny, h. l.i j^^ 
 
 liiuiitalion ot power in certain cases, s. IH, ss. 2 ' 
 
 J'Jfect of sale liy, s. 14 j^ 
 
 Disposition of purehise money, s. 17 • ,j« 
 
 r.tfects of contracts made before deposit of map, s. 1(» . . .^ \^^ 
 
 ('orporations who cannot sell, may a(,'ree on fixed rent, s 17 ;^, 
 
 Contracts with joint t-Miants, and tenants in conini<m, «. i-^ ■ • t'l" "i '„ ' io' <•'-. 
 
 After one month's notice of .h'jH.Mt of plan, etc., api)llcatlon to ownei- of lan.l, H. i.K ■^■}^ 
 
 1 leposit of Maps to be !,'eiR'ral notice, s. l!l, ss. 2 Jj'. 
 
 Is' otice to I 'arty, s . 20 I,- 
 
 What to contain, s 20 t„; 
 
 If party is absent or unknown, s. 20, ss. 2 ..• ■;!,■..„'„■'„ -m' 
 
 Provision when Vounty dud^e 'interested in lands acquired for any railwaj, s. -o, ^^ 
 
 Appointment of arbitrators by opposite party, s. 20, ss. ,5 ,^^' 
 
 Thiid arbitrator, s 20, ss. 5 |,- 
 
 Duties of arbitrators, s. 20, ss. (i _^ i'i- 
 
 Cimta of arbitration, how Jiaid, s. 20, ss. 7 • • • • j^ 
 
 Arbitrators to <'ousi.ler increased value of remaining lands, s. _0, s.s. « -^J^ 
 
 May examine on oath, h. 20, ss. '.< ■ ,'|, 
 
 Parties to arbitration may obtain subpicnas, s. 20, ss. 10 ; 
 
 Disobedience to be contempt of court, s. 20, s.s. 10 j^^ 
 
 Fees and conduct money, s. 20, ss. 11 ;^^ 
 
 Depositions to be in writii^', s. 20, ss. 12 . ■ • • ••.■.•• • ; ■ ■ • ■ • •. ' ,',„ 
 
 To be tiled with I'lerk of Kecords and Writs with exhibits, s. 20, ss. 12 ;|» 
 
 Time within which award must be made, s. 20, ss. l;{ ;^|^ 
 
 Arbitrators dyin;.^', s. 20, ss. 14 • •_ \^^ 
 
 Company may desist upon paying costs, s. 20, ss. lo ...... ... . . ■ ■ ; 
 
 Arbitrators not d.s.jualified mless personally interested, s. JJ. ss. 10 • • 
 
 Ko objecti.m admissible after third arbitrator .ippomted, s. 20, ss_ 17 ; ; 
 
 How validity of objections to arbitrators determined, s. 20, ss. 17 ;^;' 
 
 Awards not avoided for matter of form, s. 20. s<. 18.......... ■ ■■ ;• 
 
 Parties to arbitrati(m may appeal to Judges of Sni)enor Courts, s. 20, ss. 1.) -m 
 
 Practice in proct^edMigs u|ion a]>i)eal, s. '20, ss. 20 • • 
 
 Existing practice as to netting aside award, s. 20, s;,. -1 •.■■•• • • • • -^ • ■ ■ ■ 
 
 Posse.ssion may be taken on payment or tender, etc., ot sum awarded s. 20, ss. ... 100 
 
 When warrant of possession mav be given before award, s. 20, ss. _.* i"" 
 
 Security to be given by the Company, ». '20, ss. 2.'i. i"" 
 
 Coinpensition given to .stanil in place of land, s. 20, ss. 24 . .•■••: |"" 
 
 As to incumbrances, etc., in land purchased or taken, s. 20, ss. Ju i"" 
 
 What notice to be ])ublished as to encumbrances, s. 20, ss. 2b i"' 
 
 Bv whom costs to be paid, s. '20, ss. 27 ■ • ■ • ■ • • , , 
 
 \Vheu interest to be returned to or paid by Con-.pany s. 20, ss. 2H ui 
 
 Adjacent land to railwtiy, belonging to Company, to he laid dov.n with grass, s. .»,). 13b 
 
 Tu i 3 kept clear of weeds, s. 00 ..'-_ 
 
 Conseottence of ninittiiii,' to do so, s. 100 ■ • "' 
 
 ace Additional Space -Assii.ssMKST- Railway Land hi bsidy J^ und. 
 
 11 
 
288 
 
 INDEX. 
 
 Aiji-tfinntt with Sorlhtrn Ruilway dmpany, 
 r .«, J*'"' '"'" "' ^'"'■'''«''" '"'^' Niirth-\Vi»tLTH Uailwnya to la- wi.rkln« t-xponnes . . . , 
 Aijrrrmrnt wth Northtrn Ititilmiu Coniiuimi, 
 
 i'loccfdH „t, of NuiihtTi. amr\.ntli'-\Vt'«t.Tii HailwnvH not to b« ^roxH vnniinu* , 
 
 1(KASK (IF liAI'.WAY. 
 
 Uumiltnii <■ ,,l l.nkr Erif Ititiliiny Ciiiii/uiin/. 
 
 ( '"iiip ,iiy may make (pf line to annthtT railway, Xi Vict. c. Mt, h. 20 
 
 CoiiijJiitiy iiiav iiiak«' to utlur ruilwiiy or railwayH, ;i7 Viit. c. i'), h. iV. ".!.'.."!!! ! 
 I'd lie ^aIl(■lillnl•ll liy hjuircliolileiit, ;I7 N'ict. e. X), h, 3 
 Jlntviltoii. ■mil \i>rth- tyrMirn /{<i,liriiii Ciim/Htiii/. 
 
 'I'o other coiniiaiiief, ;j.'> Viet. c. rifi, h. ;tL'. ." 
 
 AN.seiit of two-thii'il* of Bhnri'holcJerH iiefenmiry, Itii Vict. c. rih. m. 3*2 
 
 liKU.\I, Kxi'KN.SKS. ' 
 
 Mot 
 
 235 
 
 ti 
 
 24 
 '.'4 
 
 .. 3!) 
 
 Aon 
 
 leiit with Xoytlin-)! Itnitwdii Comfmnii. 
 Of Nurtlieni and North-Wusteni to l)») " workiiiu exi)en»e», ",. 
 
 J.KVKI. CllOHM.VOM ' 
 
 Hiiitwiiii Art, Out. 
 
 I'recautiiiiis to li>' taken at, h. 90 
 
 LiEi ri:NANi-(;(ivKiiNoii. AVi ('o.M.MiNHm.NKK or Pun"Mo'W(')HKH~i.NiipKtViiiN OK K,u'l^^^^ 
 
 J, MITATION OK Aciln.N. 
 
 I'Vr claiiiiiKeft miiler Mailway Act, h. %i 
 
 ^ I'mier KaiUvay Aiciileuts Act. IHMt, h. 10 ...."..."."... 
 
 Loan Cai'hai.. .Ve Uund.i a.nu Dkiikntiiii; .Sto(;k. 
 Location ok Hailwav. 
 
 tliUHi/tuii tun/ iS'iirth-M'enftni Jtuiliriii/ Comuanu. 
 
 What to he, Xi Vict. c. .%, s 3." 
 
 Jlail 11111/ Ai-I, Old. 
 
 < httiijfe ill cotjipaiiy, may make. s. lf», sh, H 
 
 LoriiMdrivK.-f. 
 
 Itailinii/ Art, Out. 
 
 Coin|)any iiiiy acipiire, r. 0, sh. 7 
 
 'J'o lie fiiniiwlieil with liellM or whistles, h. 3;t, ss. 8. 
 
 AijrnntiiU villi Nurl/ieni /{ailiri,// /'iiw/hiiiij. 
 
 To lie at dis|i(isitioii of Northern and No.-th-Westem KailwavH 
 
 L.xecutive Committee to control 
 
 Lo.N I ION. 
 
 Huiiiiltnn nnil Lnkr Erie llnilmvj Cnmpaiiii. 
 
 lOstaliliMhiiient of otlii'es in, \w, Vict. e. sri, h. 4 
 Aijnriiinit irii/i j\, ■ilirrii Haihriiii Ciiiji/hIiiii. 
 
 Joint a-ent in, of Northern and North-WeMterii Kailway.s, Kxeentiw Committee 
 
 may appoint 
 
 ]Jepie.s,iit,itives in, Hxecutive Coiiimiltee mav anpnint to act witli tiiem 
 
 T ■•,.,„... VJ''''""'^ "^' *" ''*' working expeiiHe.s of Nurthcru and North- Western Kailways.' . . .' 
 
 JjUMDI-U C AILS. ■' 
 
 J-'liliniii Aii^ (hit 
 
 Not to lie in rear of pa.sHeiiger cars, g. ,"?.? ss 7 
 
 J.t'.V.\TIC. ' 
 
 Uilihriiii Art, Out. 
 
 Conveyance of land.s of to company, a. L'J 
 
 23(i 
 13.1 
 
 118 
 1G8 
 
 30 
 00 
 
 88 
 117 
 
 233 
 233 
 
 19 
 
 ■-'11 
 •-'U 
 
 117 
 93 
 
 ayn to l)e working 
 
 m 
 
 Macminkht. 
 
 Aijrceiiieiit with Northcyn Rnihrtii: Comjmjiij. 
 
 Maintenance of — coat of, Northern 'and North-Western lUilw; 
 
 exuenscs 
 
 Mail. 
 
 Jiiilhriii/ Art, Out. 
 
 ( 'ariia'-,'e of, s. 3' 
 
 M,MN LiN i: .Skctuin. 
 
 hniin/tiiii iiti'l Aiirth-n'cxtrrn /fnitirnil Cnmpani/. 
 
 To lie one divi.sioii of ( onnty .if '.Simcoe for bonus purposes, 40 Vict c. l(i s 
 
 MaNA(;I.NG DlUKTOH or NoHTHKK.N Iv'aii.WAY. il.1.. I.. 1", s 
 
 ■'^'f '!i NEKAL Mana(;ku of Noktheh.v Railway. 
 MANrFArTi;iifN(! Siioi'.s. 
 b)i-l((ir of Hamiltixi. 
 
 To he maintained at Hamilton 
 
 Map of Suuvev.s and Levklb. ite Plans and ScuveVs'. 
 
 Mayoh. 
 
 Hamilton and North-Wealtrn Railwnv Company. 
 
 I he Mayor of Hamilton to be«x officio Director for all time. 39 Vict c 72 s 
 Huuiiini An . Out. . . ' I 
 
 Of A'linidpalities taking stock, to be fr officio directors, s. 31, ss. 4 
 
 Not .0 vote for diiector of companies incorporated before 14th June,' 1853^ b! 
 
 235 
 120 
 
 59 
 
 204 
 
 3. 
 
 .. 
 
 .. 54 
 
 
 \\,' 
 
 ..*115 
 
 31, 
 
 m. 
 
 5 ll.> 
 
 mi 
 
INDEX. 
 
 •28!) 
 
 w» 
 
 ag* 235 
 
 11 
 
 24 
 
 'ii 
 
 :<!» 
 
 3!) 
 
 23tt 
 
 m 
 
 m,\VAY«. 
 
 118 
 
 108 
 
 30 
 
 00 
 
 88 
 
 117 
 
 23;{ 
 
 •SSi 
 
 19 
 
 niinittco 
 
 -Jtl 
 
 -JU 
 
 ^ilJ'H. . . . '-'.'ill 
 11" 
 
 9» 
 
 working 
 235 
 
 120 
 
 2 59 
 
 204 
 
 3 54 
 
 X. " 
 
 'lis 
 
 31, SB, 5 ll.> 
 
 ^'"V/'m^/'^'i "'"' ^"*« ''?:'« Z^" ''"''».." Oompnni/. 
 
 V\nt (iciuTu' M.'«t)ni;. when "to l)e cuILmI 1,y Pn.viHi.mal DiroctoM, ». 8 (rep.) . 
 ""''""'. r ,,, . 1 11.11... i..i,..i.i...-u .. '1 
 
 
 t lil'lUTU' ->l>-tiniii;, niTii i . ..V ., -v • ••— - ■ ■ ... . 
 
 On tlieir iltfiult, 1(1 lif called by BtockholiUrH, *. J ^ 
 
 N,)tiri' 'if 111", lin^' ... ; \ \'i,'\» 7 
 
 Anmiiil «ieii. lal M..tii»,'<, wluTe niid wlieii held, ». U •• ^ 
 
 Notice to !«• ;.iv.'ii of, s. 12 ,■,•■■ V 'li I " ii 7 
 
 ^peiiivl ( Jeueral M»-itii., ', where and when hehl, h. 13 '..'.'.'.'.'.',,.'. 7 
 
 NotiUHof. 
 
 M Vnt. c 41. 
 
 a S "UJ Viet. u. »'>, V pealed r.- to firHt K'eiieral meeting', t». 2. 
 Wheii "iiiuy !'»• eall.d l.y I'rovl.sioiial DirectoiH, h. 2 
 
 ;l»i Vi'-t. <■. 8i>. , , , , T 
 
 Annual Meetillk'", wh.u and where to lie li.M, h. 7. 
 Notice to he ;,'!» ell of, n. 7 
 
 Siieciul Kenw:il uiceliiif^H, whmi ami where to be hehl, ». 8 
 
 Notice toll- '11 "f. «• **,;■•,•■■■;; ' 
 
 \.\ 
 
 20 
 20 
 20 
 20 
 
 ;{.-> 1/(7. c ori. , 1 1 1 T v 
 
 When firHt iii.-eliii:,' of HliareliolderH^to be helil, *. 1 '.j- 
 
 Notice of, liow to be ^;iven, n._7 ' '.^.^ 
 
 DireiloiM to be elected at, H. 7 . . . . • • ■ • • • • ■••• • • ■ ■ „.. 
 
 (ienenil Auiiuul .Me.tirKH, when and where to Iw hehl, b. 10 -J 
 
 Notice .if. how to be ^'iveli. h. 7 .......... ••• o-j 
 
 Special Meetin^rx, when and where to be held, h. 11 
 
 Sec. 10. 3.-." Viet.' e. n."., iVpeale 1, an to notic- ..f ( Jeneral MeetiuK, h. .''. Jjj 
 
 SSl'«^."i'?>(-t^"« t'i»»^ ciui ;,o„Hider-an;al«.»mtUo„withFan.ilt^n and ^ 
 
 .'54 
 
 106 
 106 
 
 Lake Kiie I tail way, h. 8 
 Special (li'n'ralMeetins,' to be called to sanction i.-*sue of bond-*, a. r> 
 ''''''sillnViohler''nmv hold i,'eneral n.eetin«s, h. 24 
 
 ^•-r;i:!.;tnS'^i:cU;d^'t^.SS;;;::^ -^ Tuesday in May. in „^^ 
 
 liSM^CnU Me:Un;f r::;;;£e; ' nnd N.i.th.Weste.n Acts 227 
 
 Aiirt, limit mill Aortlurr limla-"!' r'nnr""."- , , .13s 
 
 ■ Of K.xeculive Conuiiittee, when and where to be ..eld 
 
 Ui"ht of Holldholders to vote .,t • 
 
 .See Bunds and Ukiikntihk Stoik. 
 
 6',r I'KKSIDKNr AND DuUXiOHS. 
 
 M11.ITAIIV FoiuKS. 
 
 Uuihm/i Act, Out. _ 120 
 
 l'arriat;« of. **. ■'*'"• 
 
 ^^'■'■■^'^"^■^-^^"'•ca.f-. c.r,.;,s.iU3i). . , , ^7 
 
 Coun.any n.ay, occnvy '-n license of C.overnor-G...eral 
 
 Mii.rriA. 
 
 Haitivnii AH, Out. _ 120 
 
 Carriage of, s. 3(> 
 
 ^^"'■''""'•AKreenient with Town. und,.r County of H.alton bylaw '^■^ 
 
 S;5Sr Xt S;^!' I'ts int;;feri,,V withsan^e or" hidings V.:. .203 
 
 vfiAOE Bonds. Her Bonds and Dkukntikk hruCK. 
 
 MORTl 
 
 ^''Z^^.^::'^'^o>-tliern Rinh.ay Cumpanij. 
 Inventory of, to be taken . 
 beatdisp. 
 Execiitiv 
 
 MULMLB. 
 
 A'-;reement w 
 
 Company to erev;t Stations ._ 
 
 23.? 
 
 t:;;:: .a SiislihlnTSoithen. andXo.^l.VVestern Railways ••■;••••;;;;::;;::;: ^ 
 
 Executive Committee to control 
 
 ith Township of, under County of Siracoe by-law j ! ] [ ! iS 
 
 Betw 
 
 near (ilencairn 
 Will do business of country ttiereat 
 
 193 
 
 . ... 205 
 
 Bylaw of, K'-rtxti"^' ai'\ »'' ''''''''.'•'•■'y- ^ jj^ " •;„ tiy ' as on maiA'iine beVwecu'ciarkBvilie 
 
 /-- - .' to .accommodate nattic as emcieunj' » ^qj 
 
 I 
 
 Company 
 
 and Barrie 
 
;■ - f 
 
 « i. 
 
 290 
 
 INDEX. 
 
 
 MuLMi p, -Cnntin'icil. PAiiR 
 
 Agri'tTiii'iit under l>ylaw 205 
 
 ])el)etituios ti) bi! handed to tiustceH on certain trusts 2(M1 
 
 (iradiny to be completed before 1st October. 1877 2011 
 
 t-'oniimiiy to accommodate traffic as efficiently as on main line between ( .'larksville 
 .and Barrie 207 
 
 Municipal Act. 
 
 Aiiplication of to bonu.sea and by-laws V''.\ 
 
 fir. Municipal CoupIiuation.s. 
 
 Mi'NKirAi, EoMSKs.l 
 
 Jlami'tv.i iind Lake Eric Jiailuaii Companii. 
 .•{.{ Vict. rri)i. 'Ml 
 
 Power of municijialities to aid comi)any by bonus, s. 7 •! 
 
 By-law urantiuf,' to receive cou-ent of ratepayers, .s. 7 fi 
 
 Municipalities aidinj,' neither to claim interest as shareholders nor to be liable as 
 
 such, s. 18 9 
 
 'M Virr. Clip. 41. 
 
 If jtortion of a municipality desire to aid the Council to pass a by-law, s. 1:1 
 
 For raising amount jietitioned for by the issue of Debentures s. 0, ss. (1) 14 
 
 For assessing; and levying an annual special rate, s, (1, ss. (2) 14 
 
 Debentures in aid of the lailway how to be dealt with, s. 8 14 
 
 ;<() Virt. I'd)). .'•">. 
 
 Mode of submitting by-laws to ratepayers, s. I'l 22 
 
 Hamilton unci Aiiyth-M'iKlirn Uuilmiii Cumjiani/. 
 li.'i \'irt. c. 55. 
 
 When council may submit by-law granting aid, .s. 15 .vl 
 
 After passing by-law, debentures to issue, s. KJ 35 
 
 Assessment of ii portion of municipality for, s. 17 .'55 
 
 Munici|)al Acts applicable to by-laws granting, ». 18 ;{5 
 
 Assessment f(U'. not to make rate greater than .'{ cts. on dollar, s. 11) a.") 
 
 County municipality granting not less than .'?5,(j0() per mile within same, may name 
 
 Warden as Director, .s. 21 'M'l 
 
 Delivery of ilcl)ent\.res for, to trustees, s. 22 ' ;i(; 
 
 Trust-i on which debentures to be held, s. 23 Kll 
 
 Two Trustees may bind the three, s. 24 37 
 
 Township mav be exchanged for county debentures, s. 25 37 
 
 3t) 'I7,/. i\ 84. 
 Municipalities aiding may declare the trusts upon which debentures are to be held, 
 
 s. 2 42 
 
 Tnni ifil By-law, etc., confirmed, s. 2 42 
 
 Certain agreements may be made with municipalities aiding, s. 3 42 
 
 Municipalities aiding may extend the time for completing certain works, s. 4 43 
 
 By-laws granting to 1)6 .subuiitted within six weeks for petition, s. 5 43 
 
 Keijuisites of by-laws, with respect to rates, s. 7 43 
 
 Deposits by Trustees to state iiartieular Municiiiality from wliieh derived, s. 8 43 
 
 Ivot necessarv to publish notice of meeting in c(. unties granting bonuses, s. !) 43 
 
 Citv of Hamilton may grant aid by gift of shares, bonds, etc., of company in addition 
 
 " to other aid, s. li) 44 
 
 'Jounty of Sitiicoe granting .?300,000, mav name a Director, s. 11 4(J 
 
 37 I'ivt. <: 44. 
 
 Time for passing of by-laws, and delivery of Delieiitures to Trustees, extended, s. 3. 45 
 Councils of aiding Muncipalities may consent to varv agreement as to route, etc. , 
 
 8. !> 4ti 
 
 Bylaws of Peel, Hamilton, Collingwood, granting aid, cimfirmed, s. 10 Hi 
 
 38 Viit. r. 48. 
 
 Agreement between Hamilton and North- Western .and Muuiciiialitie.s granting 
 bonuses U't affected by amalgamation with Hatnilton and Lake Erie llailway, 
 
 s. 15 52 
 
 3'. I Virt. r. 72. 
 
 Handlton by laws ai<lingconii)any and debentures issued thereunder confirmed, s. 2. 53 
 
 Mayor of Hamilton to be cjc ujjiviu Director for all time, s. 3 
 
 3!l Virt. r. 72. 
 
 Sec. 9, 37 Vict, as to changing route through municipalities aiding varied, s. li 
 
 Agreement bi'tweeu counties and nniiiicipalities granting bonuses confirmed, s. 12... 
 
 Trustees of County Simcoe bonus to pay §18,000 to county until line built into same, 
 
 s. 13 ; 
 
 Proportional sum while work not continuously prosecuted, s. 13 
 
 How disi)utes as to such prosecutions settled, s. 13 
 
 40 Vic. r. 72. 
 
 Agreement between company and Township of Tnnisfil legalized, s. 1 
 
 (Jrouped municipalities of Siuicoe divided into sections, s. 2 
 
 Main line section and Collinuwood Branch section, s. 2 
 
 Townshi|) of Adjala to belong to buth sections, s. 3 
 
 The b inus how borne by each section, s. 4 
 
 Taxes, etc. , to be kept in separate accounts for each section, b. 5 
 
 Trustees to keep separate accounts, s. ti ' 
 
 54 
 
 5(i 
 57 
 
 57 
 57 
 57 
 
 58 
 .5!» 
 69 
 59 
 59 
 ,59 
 60 
 
 ■■^Mlk» 
 
INDEX. 
 
 2»l 
 
 PAIIR 
 
 , 205 
 
 . 2(H1 
 
 20(1 
 
 207 
 
 . i:.3 
 
 *i 
 •', 
 
 9 
 
 l:i 
 M 
 14 
 
 11 
 ar. 
 
 .•55 
 3.') 
 
 ;>(■) 
 
 8(1 
 .•<7 
 
 ;)7 
 
 42 
 
 42 
 
 42 
 
 4 43 
 
 43 
 
 43 
 
 ;. 8 43 
 
 I _. . 43 
 
 addition 
 
 44 
 
 4(1 
 
 ;led, H. 3. 4.'"( 
 lite, etc. , 
 
 4(1 
 
 Hi 
 
 54 
 
 5(1 
 57 
 
 57 
 57 
 57 
 
 58 
 5!t 
 69 
 59 
 59 
 59 
 60 
 
 MUNICIPAL liosv^KH—Contuuieil. , p^Qg 
 
 TriLstecs to reserve debentmes to an amount suth.ieiit to in.ikt up Hit uni am ^ 
 
 principal of bonus main line, s. 7 _ g^ 
 
 Isiflue of new debentures, s. S ' ' ' "' ,31 
 
 AVhen and how payable, s. 9 _' qi 
 
 I'avinent of interest for 1878, s. U)... ; •■ •■ • •■ ^y 
 
 V.yhiw, No. 220 of Sinicoe, le-alized m certain particulars, s. U ^^ 
 
 Hate to be levied in AUjala, h. U ^2 
 
 Co.rS^'^^S'in^tM to m.eive S170:000 of' tlieSimcoe bonus, b.' 13 ! ! '■y-y--y---- ^ 
 
 Vroviso as t>> liaviuent of such portion, ^. !•>. .•••■■••• ■; : -, pi 
 
 35 Victc. K s 24; p. 37, not to a,'.ply toTrustees of the ^uncoe bonus, s. 14 04 
 
 l>ifferences between Trustees, how <leteriiiined, s. 14 ^^ 
 
 ?lSs'^.;';,:;;^i)^'a;;^.;:;^;^'tt^^;wnof•colliWw;od;■««tilco^^^ ^^ 
 
 t'ollilit,'wood liianch, s. in • • • • • (jr, 
 
 Clause 10 of b^law, No. 87 of Hamilton, repealed, s. 17 
 
 This statutt^ot to'iiffect municipal by-laws gi-anting aid to company, s. 7 ''^ 
 
 Muniiiiml Act. 4. --a l'"''"' 
 
 Tower of municipalities to grant, s. ooJ 
 
 Bonus by-kirt bj" assented to by the majority of nvtei^^yers enUtled t,. vote. ^^ 
 
 Grouping Vlivuse in Railway Act lepealed, s. 17 
 
 See Municipal (Joup»Ratio.ns. 
 
 Ml NICIPAL COUPOUATIONS. „.,/,„„ » 
 
 llamiHon and .\orlh-Westeni liailu;,!/ Compar,y.^ „ r.n . oq 3l'. 
 
 5G 
 50 
 
 Avmh, _ .. ^ . .. ,,. ..... .- ^.. .. 
 
 Acts 
 
 ''"■'M^l^s'^Jy-laws autlu.ri.ing Branch Railways, Tram and other railways along ^^^ 
 
 highways, a. 21 114 
 
 Ma • take stock, s. 31 • • • • •.• • • ■ • ■ ••••.;, 115 
 
 SSr=^br\,!i^tSru^er^;^^^^ ^ 
 
 ^T^ r S ISrS: ^f ^^£r£^^:^^^^^^^:^: ^:^, n. 
 
 Aid to K^ihvan>: X'/V >nuier K S O,' V. ioo' (Raiiu^'y Aid Act). ^^^ 
 
 Aid from portions of, s. 2(. . . ., ■ • • -^ • • ; 1,50 
 
 Grouping of Minor Municipalities, s. /!<>. «^;J ■ • - / -; " 3 " ' ' 150 
 
 Proceedings in oppo.sing .submission of «y-law, s. JO, ss. .> ^^ 
 
 Arbitrators, s. 20, .ss. ;i ' ' 150 
 
 150 
 
 150 
 150 
 150 
 
 Aid to Railn->im hii, anuer 1 nv luiui.^w" ^-^ -- - - - 153 
 
 'i;:^-:'; ny'^wf fort^kl^-gitock in certain 'railways,- \. gmu-anteeing deben- ^^^ 
 
 tnres s. 559 (s. 1) ■.■.;i' ,' ' ' ,')\ ' ' ... 153 
 
 Tor guar;u.teeing\.ay,nent of l)el,entures, s. .>.9 (s. 2) l! l!'. l ! .... 153 
 
 For issuing Debeii es, s. .5o9, (ss 3) ^53 
 
 For granting bonu.- . ». •"'•">'.». («'*• ■*) 153 
 
 Form of nebenture., s. 5o9, '^^;^ •\^-;^;,,,^,, ;,;;,• i,Va;se;;t of' electors, s. 559. ss. 4.. 153 
 
 tt::^^^:^^^^^^^ r,.,- ,#W<; director, s. 5.30 ...•.■ g 
 
 MuniaiKd Ad, .s. 5(11. Like autl^.nty given 
 
 Amsfusmiiit Act, s. ixi. 155 
 
 Statement to be furnished to clerks of 
 
 ^^"''//a\'';)/Jo!?«'>'rVo^ ^""'/warden as Director 35 Vict. c. 55. h. 21. 30 
 
 Mayor of Hamilton to°be ex officio Director, .'.9 \ ict. c. ,2, «. 3 
 
 Hee Municipal Bonuses. 
 
292 
 
 INDEX. 
 
 ifi| 
 
 N. 
 
 Namk op Company. 
 
 HamiUon and Lake Erie Railway Oympnny. VAf.i. 
 
 What to be 4 
 
 Hamilton and NorthWeMei-n Eailivaii Company. 
 
 What to be, '.iH Vict. c. 55, s. i ;}o 
 
 NaVAI, FdllCE. 
 
 Railiray AH, Ont 
 
 (Carriage of, s. 36 120 
 
 Naval Lands. 
 
 C. S. C. c. r,(], 8. 11 (31K 
 
 ronii)aiiy may occupy on License of Governor-General 8? 
 
 Navigation. 
 
 Mdilmiy Act Ont. 
 
 Company not to impede, s. 8.S I'M 
 
 Exceptidn, 8. 86 134 
 
 Nelson Township. 4 
 
 Company to erect station near 202 
 
 Agreement with, under County of Halton By-law 202 
 
 Com|)any to erect N'elson Htation 202 
 
 Zinimerni.an Station 202 
 
 Palermo Station 202 
 
 Burlington Station 202 
 
 Net Earnin(!s. 
 
 A'jrccmcnt with Xovthern Hai'way Companii. 
 
 Of Northern ,".nd Nortli- Western, how divided 2.3(i 
 
 Up to £80,000, Nortliern (;(;.t p. c, North-Western ;;;i,' ji. c 230 
 
 Next £10,000, Northern Kailway 2.S(> 
 
 Next i'10,000. Northern 70 |). c. North- We.stern 30 j). c 230 
 
 Over £100,000, l)et\veen Companies efpi.tlly 23(> 
 
 Each Company to apjily its sih.are of, in payment of intere.^t ou bonds 23(1 
 
 New York. 
 
 Hamilton and Lake Eric Raihcay Qompany. 
 
 Estal)lishuient uf ottice in, 30 S'ict. c. 85, s, 4 ]'.) 
 
 NiPi.-<siN{! Lake. 
 
 Hamilton and Xortli-We.itcrn Raihroy Company 
 
 Line may be continued to, .35 Viet. c. 55, s. 3 31 
 
 Norfolk. 
 
 Power to extend line from Caledonia or Cayuga to .some point in, 31 X'ict. c. 41, s. 1 ]:; 
 North Simcoe liAii.wAV. 
 
 Kent for, leased to Hamilton and North- Western Railways, to be woildiiij expenses 2.35 
 
 Lease of. eonHnned 252 
 
 Kent of 818,000 for recogni.sed as worl-'ng expenses of Northern ami North- WesterTi 
 
 Itaiiways 252 
 
 NORTHEHN KaII.WAY CoMl'ANY OP CANADA. 
 
 Ayrccmciit inth Hamilton and JVo)'r/i-Wt:,ifirn llailiraii Compnny, i'llli Jane, IS?!'. 
 
 Agreement between Hamilton and North We-terii -is to working their raihv;i vs. . . 232 
 
 Northern Kailway, l-'irst Fart ' 232 
 
 Hannlton and North-Western, Second Part 2.32 
 
 Northern and North-M'estern Railways to he e;;rried on under agreement, s. 1 232 
 
 For t wenty-i^ne years from date, s. 1 2.'i2 
 
 Executive Connuittee to superintend and to iii:ihe rules and regulations, s. 1 232 
 
 Locomotives, vessels, jilant, stores, etc., at disposal of both Coni[ianies, s. 2 233 
 
 Executive ( 'omniittee to control, s. 2. 233 
 
 Inventory to lie made of jiroperty of Companies, locomotives, jdant, tools, etc., s. 3. 233 
 
 The same to remain inoperty of ("ompany to which they belong, s. 3 233 
 
 'J'hings not consumed to be ke|it in reiiair, s. 3 2.33 
 
 At end of term to be restored to each ( 'oiiipany, s. 3 233 
 
 At end of term to be restored to each toniiiany, s. 3 233 
 
 Appraisement anil division of new jiroperty, s. 3 233 
 
 Valuers, when and how to be a|)poiiited, s. 3 231 
 
 Buildings, siding, machinery, etc., to be at disposition of the two eonip.uiies, s. 4.. . 234 
 
 And under control of l'",\eeutive Committee, s. 4 2.34 
 
 (Questions, as to how determined, s. 4 234 
 
 Not to lie sold without consent of Kxecutive Committee or I'eferee, s. 4 234 
 
 Elevator at llanalton. Executive Committee not bound to work or incur liability for 
 
 until s.inie propiM-ty of X<irth-Western, s. 4 235 
 
 Procee<ls of laud sold, not gross earnings, s. 4 235 
 
 W'orkiiig i'xi)enses to lie paid out of gross e.irnings, s. 5 235 
 
 What working exjieMses, s. 235 
 
 {(i) Maintenance of ro.adways, sidings, l)uildiiigs, rolling stock, machinery, etc 2.35 
 
 {h) Rents, etc., for railway buildings, wharves, etc ! 2.35 
 
 Including rent for North Simcoe Kailway 235 
 
 Ni it to exceed S\ 8,000 ','_ 235 
 
 Not Hamilton elevator, until same subject to provisions of other ]iroperty of ILamil- 
 
 ton and North We^tcrn ". 2.35 
 
* «• 
 
 4 
 
 120 
 
 S7 
 
 VM 
 1.14 
 
 202 
 202 
 202 
 202 
 202 
 202 
 
 23(; 
 
 230 
 
 2.S(> 
 
 2:50 
 
 2;i0 
 
 2;{(i 
 
 ]'.) 
 
 ;!i 
 
 c. 41, s. 1 i:; 
 
 oxjicnses 2.'{5 
 252 
 
 252 
 
 Z.i- 
 232 
 232 
 
 2.'i2 
 2;!2 
 
 .2 2;;:! 
 
 '2Xi 
 
 vtc, s. 3. 233 
 
 233 
 
 233 
 
 233 
 
 233 
 
 233 
 
 23J 
 
 I's, s. 4... 234 
 
 234 
 
 234 
 
 234 
 
 235 
 235 
 235 
 235 
 235 
 235 
 235 
 235 
 
 '>35 
 
 INDEX. 
 
 293 
 
 ■VnnTHFRN TIailww f'o.irPANT of Canada— Cu?i<i'n»f'?. ^ ,, ^. , „,,.if 
 
 ^ T/r«m.nru''</; //.mil/.m and North-Western H,, Co., m June, 1879 -Continued. ta'-k 
 
 (c) Kxpences of working,— railway storeb, t-tc ,,.^.^ 
 
 \d) Rates, insurance, damagen, etc ' ' o;j,; 
 
 (e) Salaries, cotnpensationH, etc 7,^-, 
 
 Expenses Executive Committee 2311 
 
 Auditors ' •_>;{(; 
 
 ,Toint lioniion Committee .rju 
 
 Legal, Parliamentary expenses, etc ^. Vivr^r/v,' UWpm' Railwavs " ' 230 
 
 Secretarial and establishment expenses, ^o^thern and ^o^th-Wostern Railways .... _-^^. 
 
 Net earning.^, how divided, s. 7 - o^O 
 
 Up to £'S0,000, Northern, fifi.i, per cent., s. t ,,3,; 
 
 North-Western, 333, s. 7 o;{(; 
 
 Kx^^lo;S:S;;;£rn,te;:t.!North:w.^^^^^ ^' 
 
 ^"■^■Kllrl^rS^i^i/^to-applv iirst in payment'of interest on b;mds;H:7: ! . • 230 
 
 lJi;;^ui:;:;.S:liS5DK^i-tLrn;chairn^ ,3, 
 
 tier, s. 9 • , 'i\ 237 
 
 Four appointed 1)V Northern Board, w. ".». . . ^.j- 
 
 Four appointed by North- Western Boanl, a. .).... . . • „.,_ 
 
 When first members of c(mimittce to b:- appointcU, s ,1. . . •,••••; ■■ • • ■ ^37 
 
 V^.eancv bv death to be filled by Kxecutue Conmiittee, and m^. K 1. .. ... - - 
 
 Manaldn,' I )ireetor or (iener.al ^ia.K.:.rer of Northern, always Cha.rn.an. s. 11 . . . -..- 
 
 To vote only if an appointed niendier. s. 11 ._,..- 
 
 Appointment of chairiiuui, pra tern., s. 11. ; • ^ ....y 
 
 Members of Executive Committee may appoint proxie.s, «• 1- ■••• .^..^g 
 
 Executive may make by-laws for regulatKm of business, etc., a. 1.* ; ;■.;•'.•.; '. 23S 
 
 Fixing tpionim, s. 13 o;iS 
 
 J^idrfi^daw^o'be eoSrmed by 'Boanls' of' eacii' Company or i.y Keferee,' s! '13 . . 23S 
 
 Four Members of Executive rpiorum, s. 14 . ^ .2:{!i 
 
 Meetings at Toronto twice each month, s. lo • 238 
 
 Chairman i.>ay call at Hamilton or elsewhere, s. Jj' • • ; • ; • - V.; '.■.'.. 238 
 
 i)anies, s. 18 • ; -i ' " li ^ 10 ... 238 
 
 Executive C.immittee, powers of, m working railways, s. i.' .^.^.^ 
 
 To act as A"eiits of the Coin)nu\ies :■. 1.) ..... . ■ •. • ■ .,.^(, 
 
 Rules and Regulations to be coi.lirn.ed by both C-uupames, s. 10 :^ 
 
 If not disalli.wi'd in seven day.s, c iitinned, s. l.l. o.,,. 
 
 If one Company di^aj^l-rove, R-f '■'^«i'\:-'^;^>'l^;' ,,!• .'( LA ( 'nnin^mi^s.' s! l;t 230 
 
 230 
 
 230 
 
 210 
 
 10 240 
 
 I be 
 
 240 
 
 kept, s. 20 ■ ■ -JIO 
 
 Half-vearly statements to each company, s. _0 ... 2 10 
 
 EacirCompanv to app lilt Auditors, s. _1 .j,q 
 
 Third Auditor, how appointed, s. 21. _ .,W 
 
 To have access to all books, etc. , s. -1 . . 240 
 
 If only one Auditor appointed, s. 21._. . . -^ • ■ • • • y' ' ; i • / ,: ' o'.; ; 241 
 
 Executive Coiniuittee mav ai.pomt joint Agent m l.omlon, s. --■■;.;■ ; .,.. .,^-^ 
 Executive Coum.ittee may api-oint representatives in Lond.m, Ex. Com., ......... -H- 
 
 Referee to be aiipointed, s. 24 . .^ 041 
 
 C. .1. Rrydges liist Referee, s. 2 1 .j j1 
 
 For what time appointed, s. 2.J .jd 
 
 S" imb"-l'£-'"tt;.'c.;mn,iU.: -imu: giW and 'effect of notice' s. 20 241 
 
 E^^cu^Re Smiitlee to name new Referee by nnaniinons vote, s. ■< • -jl 
 
 One week's notice of meeting rwiuireO, 8. -/ . . 242 
 
 Tenure of office of new Keforee. s. -7 ..... ■ . ■ • • ■ ; ■ .242 
 
 If Executive ( 'omiuittee not a-reed as to Referee, ^. -» _ .^^^ 
 
 Each Companv to iipjMiint Arbitrator, s. _8 ._,.,2 
 
 Third Arbitrator, bow appointe.I. s. LH ._,42 
 
 Arbitrators to name Referee, s. .8 . .■■,"••;,■,, 242 
 
 Referee to settle .lisputes between ( '^m^^'^^' «-;,' ; ; ; ' ; 242 
 
 To decide whether by-law be confarnied or not, s. ...t ■ ^42 
 
 Referee's decisiiui final, .s. 30 ;••,•■■ Vi ' ', V ' '." ' '{.Wit^ ' V 31 ' '^^'^ 
 
 A"reement not to affect Company's bonilhohlers lights, s. .U ^^^ 
 
 Agreement, confirmation <,f Hoards re.piisite, s. 3- '.'.".'.'.'..'.'. 243 
 
 Effect of non-confirmation, s. 3'- 243 
 
 When to become operative, s. 3L 
 
i 
 
 29i 
 
 INDEX. 
 
 NoHTHKRN n.MLWAY f'OMI'ANV OF C\:; ADA— Culltiliued. 
 
 Ayreeinvnt 'iUt Feh., ]S81. p^^, 
 
 AKreeirient of Hamilton ami North- Western with •)4i) 
 
 Northern Ruil'viiy Company tir^-t part, Hamilton and Nortli-Western'sea.n.l'pal t LMi* 
 
 liei-ital Agreement, fith June, ]K7!> -^i) 
 
 Kecital, necesHity of chanue of tjauge on Nortliern 'M<"> 
 
 1' urther roiling stoelt recpiisite 541) 
 
 Ac(niisition of certain lands 'My 
 
 Jieiital, Director.s .Tgreeil, it-rtain cai)ital iici'e^siry ! ....... W^ . ..... LMi» 
 
 Northern to issue joint e(|iiipn](iit homN for L'I;;1,('miO st-., intereHt at i^i'x per tent, ! 'Jr.0 
 i^nn(ii)alof such liomls due 1st .hiiv, I'.KIL', intere.>t lialf-vearlv ".")0 
 
 VV lien payable ' "^ .v^j^ 
 
 Such bonds to rank after e.xistin^' Ixuids i,f tiin ( Vmpaiiy . . . ..^. .............. '^ . . iiiiO 
 
 North- Western to i.^^sne joint workin- and e.iuipni.Mit'l.iinds'f(ir i(i(i,bo() VtL'".,' with " 
 
 interest at six psr cent or^(^ 
 
 Interest wlien and where jiayalile .....'...'.'.'....'.'.'. •"•"(> 
 
 Such bonds to rank a.'i-er existing bonds of ( 'oni-.any ~£a) 
 
 \\hen necessary authority obtained, Directors of each V'ompany to'execute bonds.' .' '■m 
 
 \y here same to be deposited •),-,() 
 
 Kxccutive ( 'ommittee may sell, l«lcdge, etc., bonds. .'.'.'...'..'. '. ..".'. 251 
 
 Any partial sale to be in projuirtion as regards Northern ami Hamiito'n ami North- ~ 
 
 Western of l;i4 to (id o,")! 
 
 p:xercis_e of power <)f Executive Committee subject to' confirmation of 'i^'iiectors or "' 
 
 Jieteree under Agreenii'Ut tith .June, 1,H7!) 9;-,i 
 
 ^/^'.T;^** ^'V'"" "?''' "".*'^ tonntersigned by Chai'rlnuii' aliii Se'c'retai-y'of ' k'xecutVv'e' .' ' 251 
 
 *, i ',n "f^ '";*•"•'"' ^"'J"'»y I'oiids to be set apart /„)• ,.tr/«.s,V,- use of sunie I'ol 
 
 *(,(),UO(l of Hamilton and ^ortll-Western bonds to be set apartfor ixdnme use of .«anie 251 
 Alter the reservation, balance to be applied to joint pui po-es of Northern and North- 
 NX esteiii l-(ailways 051 
 
 Changing gauge, etc '.'.'...........'.. '"52 
 
 Purcha-sing new rolling stock, etc 252 
 
 Extending sidings— improving stations 2iV2 
 
 Constructing junctions between main lines at Alianilale ''52 
 
 Deviation line in ColHngwood '.'..'..'.'".'.'.'. .' .' 252 
 
 I'ayment of liabilities in su.~pense ca|)ital stock ....'...............'... .. .. 252 
 
 Generally in improving working power of railways .... 2.5'' 
 
 Any such movable property, etc., as deemed addition ' to t'liat "of'two'conipaiiies '. ! 252 
 10 Deaiipraised on termination of agreement of lh7H . 25" 
 
 Lease of North Simcoe Kailway, 19th January, lt<81, confirnied' '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. 2.52 
 
 Jiental ot !151S,()tJ0 to l)e woiking expenses under agreement of 1«7<) 252 
 
 ^sortli-Western agrees to jnirchase Haniilt<m Elevator . •',5'> 
 
 Same to be placed under control of Executive 252 
 
 When so placed, Hamilton and North-Western" entitled to $40 ftoi) "52 
 
 Agreement— complete .settlement between two companies ' 2.5;{ 
 
 Its execution a bar to claims 053 
 
 Nothing to alter— Agreement of 1879, excei'it 'as acicled' to. ' ! 25» 
 
 Jiondsof ^orthe^n not to be issued until agreement, confirmed liy special general 
 
 "iL'eting -^ ' •= .,5j 
 
 ]5onds of Hamilton and North- Western not to lie "i'ssueil 'untir'Agre'ement'con- " 
 
 hrmed by Bjieiial general meeting of Company 2,53 
 
 Bonds of either Coiniiany not to be issued till other Conipanyapprove i^\\ 
 
 Directors may alter agreement to conform with the proix.sed legislation .'."... 253 
 
 Notice l?OAnr)s. 
 
 Hamilton and North-Western to construct at crossing of Great Western Eailwav 
 near W elhngton s(iuare '. ' o^q 
 
 N-OTKK.«. 3;? Virt. r. 30. 
 
 Bdtiiiltini and Luke Erie Faihrni/ Commmii. 
 
 ^^;hat to be given of, first General Aleetiiig, s. 9 , . , g 
 
 ^^hat to be given of. General Annual iMeeting, .s. 12 . . 
 
 W hat to be given of, Siiecial (Jeneral Meeting, s. 13 7 
 
 3() Vict. f. 85. ' 
 
 Notice to be given of Annual and Special Meetings, s. 10 o/» 
 
 Hamilton and Aorth- K'e.itrrn /ailinii/ Cnmpavv. ' 
 
 How to be given, of Eirst General Meeting. .S5 Vict. c. 55 s 7 w 
 
 Of General Annual Meetings and Special General Mtetinc's. ss K) ij V{ 
 
 ;W VfX. c. 48. • ^M ii )■> 
 
 Sec. 10, 35 N'ict. c. 55, repealed as to notice of General Meetinsr s 5 4<) 
 
 Notice now requisite j„ 
 
 41 Vict. r. 48. *•' 
 
 if«tvSv J,5" be^published in Ontario Gazette of issue of Bonds under tnis Statute, s. 4 69 
 
 Of^C^lh^ ^''cretary to be notices of Directors and Company, s. ,32, ss. 4 IKJ 
 
 To be gWen to officers of" ■Company' of' ■.I'rd'crs' of' 'the ■Commissioner' 'of Publ'ie ^^^ 
 
 W 01 its. Hi 01 ^ (JO 
 
1 
 
 INDEX. 
 
 2'J5 
 
 PAOl 
 
 241> 
 
 !conii pint L'4i> 
 
 LMi) 
 
 24!> 
 
 24S) 
 
 249 
 
 241t 
 
 per cent. . '2M 
 
 2M 
 
 2h{) 
 
 .... 250 
 
 stf,'., with 
 
 2r)0 
 
 2"i() 
 
 2M 
 
 ;e bonds . . 2."iO 
 
 2.-.0 
 
 ^ 2.')1 
 
 11(1 North- 
 
 2r,i 
 
 iiectois or 
 
 201 
 
 fcutivH . , 2,')1 
 
 iiie 2.M 
 
 sp of .eanie 2t>] 
 ik1 North- 
 
 2,')1 
 
 2.V2 
 
 2.')2 
 
 2o2 
 
 2.V2 
 
 2."i2 
 ......... 252 
 
 2.5" 
 
 iilianies . . 252 
 
 252 
 
 2.52 
 
 252 
 
 2.52 
 .'.'.'.'.'.'.'.'. 252 
 
 252 
 
 2.5;{ 
 
 2.5;$ 
 
 253 
 
 al general 
 
 25J 
 
 Tieut con- 
 
 2.53 
 
 25,S 
 
 253 
 
 Railway 
 230 
 
 6 
 
 I 
 
 7 
 
 20 
 
 IVi 
 
 )() 
 
 4!) 
 
 4'J 
 
 itute, s. 4 69 
 
 11(> 
 
 109 
 
 if Public 
 12& 
 
 \ oTicen— Continued. page 
 
 ^^" 'vns^ is^:;i: virs-£:;:r" '*""" 
 
 NOTTAWA. 191 
 
 Line to pass throuf,'n .... • • ■ ■ ■ • • • ■ • ■ • ■ ; ■ ; ; V,:.' ,.,.„ 189 
 
 ABreement with 'I'ownship of, under County of f '''l^' ', f;™ I'K) 
 
 Coniimnv empowered to instruct branch line to L ,. hn^uood 
 
 Coni'-auy may ent.-r into agreement.s with Municipaluie. ,,j, 
 
 §130,000 to be spent on Branch Railway 
 
 Koad to pass -»"!■ 
 
 Near Avening I'^l 
 
 Near Creeniore I'-^l 
 
 Near Duntroon .... 191 
 
 Throuudi Nottawa ■.•■•;•: '. 191 
 
 Coinpany to keep an.l niaintam for seven years .... 191 
 
 Company to erect stations at Avening '.'....'..'. 191 
 
 Creeniore ,' ■,'- ' t1i l'**^ 
 
 Side line between lots 15 and 1( , 7tli con '.'.'....!'. 191 
 
 iJuntioon 191 
 
 lots 15 and 10 in 7th con. ; lot 24 or 2.) m bth con .^,j, 
 
 SXti;ie!r[n"S^;ment 10th 'Mayi 1873; ma^ be •va;ied from ! ! ! ! ! ! 1 1 ! ! : ^^1^ 
 
 O. 
 
 Oath. 
 
 Jiailwau Act, Ont. . „ on „„ q ^' 
 
 Power of arbitrators to examine upon, s. JO, as. » 
 
 See CoN.STABLES. 
 OfhiuKHS OF Company. 
 
 Hnilwai/ Act, Out. 108 
 
 Not to h". directors, s. 26, ss. 15 loy 
 
 ¥i^bf n^mld'lly iXaS ot, o^er of Commissioner of "P^blic wArksi ^'^y----^^ 
 
 Company may make rules for, s. 19 
 
 C.S. C. c. 66. . „ .,„„ 139 
 
 Punishment of for certain offences, s. i.J8 
 
 Officks. 
 
 Railway Act, Ont. .,r Viof n s^ « 1" '^ 
 
 ( 'ompany to have power to erect, .W Vict. c. «.), s. i- 
 
 Ihi-law of Hamilton. „ ..^ -04 
 
 ' Head Otliue to be at Hamilton 
 
 ONl'AUlO (Jazettk. 
 
 Notki'mpiilJd to be juiblish^d in; of issue'of Bondsunder 41 Vict. .. 48, . 4 00 
 
 (...KMNO OF EAn,WA^"^1^i^CXU,N OF RAaWAXS-CoMM.SS.O.KH OF PVBUC WOUK. 
 
 Opkuatohs. ,,, 
 
 HiiihraiiAct,Ont. . -,- 120 
 
 Of Telegraph lines, to oliey railway inspectors, s. .>■> 
 
 oiinKUrt IN Council Gkantinc! Aid. 
 
 ilamilton and Lake Eric /{ailwaii. 215 
 
 SS t'lTmade? KS Sd Lake' Erie of S2:000- per mile, for line Wtween ^^^ 
 
 Hamilton and Jarvis 
 
 Hamilton ami XortI, Western Umlwaii. 215 
 
 S',iSnnm\Si;J!£iSLtweenHan.ii.:n.;dBarrie;amH"larksvil.ea.d^^^ 
 
 InciSKictofforty^fourmilesby-$48.60,onaJcountof increased cost 216 
 
 Conditions. , 210 
 
 2- P^-m:Jtf;;"$;So"per mik,-and increasV of ^rioO for^.tyfour milesin shares ^^^ 
 
 3. Conwn-t'S-withothercompa^iiesia.tothel.udageof ^^^ 
 
 ness ; J ■ ■ ■ '•! -1*> 
 
 Payment to be made for each twenty miles 
 
INDEX. 
 
 P. 
 
 Tacific llAir.wAT, (Canadian). 
 MuUu-an Ai'l, Art. 
 
 Aiil to londa extending from Muskoka to, ». 2.">. . , . 
 Taid DiKEcroii. 
 
 HamHttm and North- Western Unilwai/. 
 
 One Director may be, 35 Vict. c. 55, s. 14 
 
 Palermo. 
 
 Aijreemcnt with Nelson. 
 
 Company to erect station to be called .... 
 
 Parcels. 
 
 Uailway Act Ovf. 
 
 Checks to 1 ■• fixed on, having loops or handles, s. :W, ks. 5. 
 
 Penalty for refnsal to give checks, ». 3;{, lis. li 
 
 Parliamkntauy Expenses. 
 
 Ayrinncnt with Northern Bail way Company. 
 
 Of Northern and North-Western to be working expenses. 
 Passe.vgek Cars. 
 
 Kagf,'age, freight, or lumber cars, to be in front of, s. .!;>. s^ 
 Passenceks. 
 
 MOB 
 
 . 149 
 
 Peel. 
 
 KaUuiiii Act, Out. 
 
 Power to convey, a. 9, ss. 10 
 
 To be carried on payment of fares. Company 'liaYjl'i-' 'fi)r refusaL s'. 'ai'ss.'s! 
 liefusing to pay fare ni.iy be jiut off trains, s. .•!.{. ss. 10, 
 lo have no claim for damages if injured oi 
 ;i3, hs. 11 
 
 injured on platform, baggage, wood, or freight car. 
 
 202 
 
 117 
 U7 
 
 23() 
 117 
 
 8n 
 117 
 118 
 
 118 
 
 Line to be constructed through County of I'eel, .')7 Vict. c. 55. s. 3. 
 
 By-law of County of, granting aid couliinied, o'? Vitt.T. 44,V 10. 
 By-law of County of 
 
 iitting casks or jiackages on railways, s. 0. , 
 Insptctors in the e.\i>c;itioii of their dutv. 
 
 158. 
 
 102. 
 
 Agreement of 'rownship of Caledon under 
 
 Agreement of Township of Albion under 
 
 Agrei-meut of Township of Ciiingua cousev 
 
 Penal Clauses. 
 
 C. A. V. c. ij(i. 
 
 Penalty for person obstructing free use of Itailway, s. 84 
 
 Persons damaging Kailway, s. 85 ..'......'...' .V. 
 
 Punishment of i)ersons doing anything to Kailway,' with "intent ti) injure per.sons 
 
 or property, s. 152 . . 
 
 If such damage actually d.me .'..".'........... ! 
 
 If any jjcrson killed, or life lost, the offence manslaughter, s. 153. . . .! 
 
 Punislimeiit, s. 15;i 
 
 I'unishment for committing any injury, causing stoppage, etc. , s. 1.54 . '. . '......."' 
 
 •'!3. Vin. r. 211. 
 Of persons boring or c 
 Of persons obstructiuL 
 C. S. C. c.iW,. 
 
 Of officers etc., contravening bv-1 
 liailwaii AH, Ont. 
 
 Penalty, s. 1,59 
 
 Application of, s. ItiO ..'■.......................... 
 
 Company may jiay jienalty imposed on officers, etc., and deduct from wag's 
 
 How penalties recovered, and applied, s. 103 
 
 .,, ,*'«■ < 'iu:ei.ty to A.mmals - Fi.nes and Penalties! 
 
 lENALTv. See Lines and Penalties— 1'enal Claise.s. 
 Permanent Bonds. Sie Bonds and Debenture Stock. 
 
 PEU.MANENT liUIDliE.S. 
 lUlibcaii Art, Uiit. 
 
 Lieutenaiit-Coveriior may order substitution of, for swiuu bi-id'^es s. 57 
 J KRMANENT !)i:i!ENTriiH Stock. ,sVr Bonds and Dehentlre Stock ° 
 lERi'ETUAL I)ei!knti;ke Stock. Hec Bonds and Debenture Stock. 
 Personal Instate. 
 
 Jiuilirail Art, Out. 
 
 Shares to be, s. 29, ss. 3 . 
 
 Piers. 
 
 Com])any to have power to erect, etc., 3G Vict. c. 85, s. 12 
 
 Plans and Sirvevs. 
 
 llaihani Art, Ont. 
 
 Company may make, s. 9, ss. 13 
 
 Provisions respecting surveys and levels, .s. 19 
 
 Books of references, ». 10, ss. 1 .'■■'...'.'.'...... 
 
 By whom certified, s. 10, ss. 2 '. 
 
 Copies, s. 10, m. 2 
 
 Evidence, s. 10, ss. 4 '..................... 
 
 Omissions, how remedied, s. 10, ss. 5 
 
 Contents of certificates, s. 10, ss. C , ..........'!!!!!!]..! 
 
 Alterations from original survey, s. 10, ss. 7 
 
 4t'> 
 199 
 19!) 
 20O 
 200 
 
 137 
 137 
 
 138 
 13,S 
 138 
 1.S8 
 
 i;{.s 
 
 138 
 13K 
 
 19 
 
 139 
 
 i;t9 
 
 139 
 140 
 
 120 
 
 113 
 21 
 
 89 
 90 
 91 
 91 
 01 
 91 
 91 
 91 
 92 
 
INDEX. 
 
 207 
 
 PAllK 
 
 149 
 
 34 
 
 202 
 
 117 
 
 U7 
 
 23(i 
 
 117 
 
 89 
 
 Hs. 3 117 
 
 118 
 
 )r freight car, 
 
 ns 
 
 31 
 
 4() 
 
 l;i!) 
 
 1!)!) 
 
 L'0(» 
 
 200 
 
 137 
 
 ; 137 
 
 ijiue pei'sous 
 
 138 
 
 138 
 
 138 
 
 138 
 
 138 
 
 138 
 
 138 
 
 liW 
 
 130 
 
 13',t 
 
 a?';s.H. 102.. 13!) 
 140 
 
 120 
 
 113 
 21 
 
 80 
 !)() 
 01 
 01 
 01 
 91 
 91 
 91 
 92 
 
 I'l VNS AND SURtF.TS— ConflHI/cd. PAOF. 
 
 1, r»l t Jeriat. m..™ ll.«n ml. (.■..!.. pl.n. ..10 ... " ;, ' j.y ' ' ; ; ; V, ; 92 
 
 k;:l'i"'.r,:?i:sr ssi \:'5;?,Sr!rrii:;i.:i;,r i i. «..., ^ 
 
 On whlt'Bcale andparer' to'be drawn b 10 ss. 14 ! ! ; ; ". ] ! ". ! ". '. ! '. '. . ". ! ! '. '• i " ' '• 9* 
 
 SS^^aJion'rf bruliJt^^^Jr ^ tint^rte „K.nU,. notice of depos. of ^^ 
 map, etc., s. 19 
 
 ''■'""'tr/:! S1!:S': .Kar .SfWi-wct.™ «.,,«„,., ...-.;:■;::;:::;: ^ S 
 
 Executive tJomiiiittee to control '..,..., '^^'^ 
 
 Inventory to be taken ' 
 
 Pl.ATFOKM OF ('Alls. 
 
 '^"''S^Sri'l^'have no claim for damages when iniured on, h. 33. sb. 11 1^ 
 
 roHT BrawKix ^^ ^^^ ^^^^^^^ ^^^^^^^^ ^^^^ ^,^^„^ 37 y,,,, e. 45, B. 2 ^^ 
 
 ^"•^ ^""w;r to extend line to, from Cayuga or Caledonia, 34 Vict. c. 41, «. 1 1^ 
 
 ^'""' ^''i![,t^ maybe extended to. 34 Vict. c. 41, B. 11 
 
 P0SSEHS.ON oM^AN.,.^ ^^^ ^^^^__^ Valuation. 
 
 rREFEUENCE STOCK. 
 
 42 ViH, c. *)0. 74 
 
 To nmimnt of £170,000 stg. to bo isBued, h. - •••••• 74 
 
 f) p.'r cent, interest, b. 2 ....•• ■ • •.,■. ' ■,: 1 ',i,i ' .'.J "u"2 " " It 
 
 Holders to le entitled to privileges of ^haiehol.ciB, b. ^ ... 7.^ 
 
 £110,000 thereof to be given t.; t oi.tnietors s. 1 7.^ 
 
 J^lance to be at disposal of ">npa,.y. si.. •■•••••• 7,, 
 
 Diivetor.s may issue same as they think lit.,s. .>... 
 
 P,lKFEHST;Ari^.N.>I ... HoX,,. ^;^^^^'^^:^ ^':^,,,, S....CK. 
 
 Pkekkiikntiai. Dkiik.stiue Stock, itc Bonus anu uuii.>i 
 
 rUKSlUKNT AND 1 ): HKCTdliH. 
 
 llamihon and Lake Erie Bmlvny. 
 
 Election o ''.ven Ub-ectors by Bhareliolders at fir.t meeting, s. 10 •■••;;;;;;;;;:;;;; j 
 
 C,)ualitier.tionof, B. 11. ■:■■ ■ -(i - 
 
 Eoiiv to beiniorum of ibre-t(Pi-s, B. i.i , 
 
 11;:^ ■::;: K£/'(li!u ^r^oioO-on- ..nuisition .. H^oiUon ..l l'ort_l)..ver ^^ 
 
 Kailway, s. 2o ^ 
 
 (.■,1, :•>.") ^ let. c. -w, s. 7 -^^ 
 
 ;;;!;;'!i! 33 
 
 . . 33 
 
 !'.'..'.... 33 
 
 Aliens eligible to othce as, .... > K:y - •;-. ^- -■ • ■ • \\\ , , .W:::::.'.'.'.'.':. i|4 
 
 (Quorum at meetings of. .io \ let. c. .jj, b. H ji 
 
 Warden as I liiector. 3.-. Vict, e o^', s Ji . _. . . . • ■ • • • :.■ ■ ■ •.; • ^7 
 
 To have power to issue J^-f'--^^;^, -' ;: ii^^^'^i^let,!;, 3(1 Viet. e. SI. b. 11.. .. 44 
 
 S;;y'Sc:l.t pav-;^ bl'lli of ^::n: ^^^^l; time a,.a aU,,.. no discount tl.en.or._.>7 ^^ 
 
 Power o^t,nsi'^^ - eHnipliiiVbycmitract,' 37 Vict. c. 44. b. 4o 
 
 May arrS Si^f^-i-n between Hamilton and Lake Krie & Haniilton aiid North- ^^ 
 Western, s. 7 
 
 WW Vict. ,:7'I. „ . ^. . ^ .y •''■* 
 
 Mayorof Hamilton to be f.e-oi^Cio Directors. .1 54 
 
 Power of to issue Ronds. s. ;. . ■ • • ; ' .54 
 
 Not to excee.l .51 7,000 per. mile, b. 5 
 
298 
 
 INDKX. 
 
 TllKSIDBNT iVn DlUECTORH— Con<(HHC(/. 
 
 Bamilton ami A'lirlh-Wi'nlrrn Railway Cnmpanii—Coni\i\mA. 
 41 ViH. r. 18. 
 
 To havt! piiwer tn iH»ue Bonds or Debenture Stoikf, s. 1 
 
 liailiraii Art (hit. 
 
 linaril (if I )in'ctorn to lie clioseii, s. 2(i 
 
 \y'lio entitk'ii to Vote at election of l)ireetois, h, '2ti. hh. 2. .... . !................ 
 
 Votes for 1 irectors to lie in |iro|i.,i tion to xliares, h. 'M, hs. 5.. ..!.... 
 
 Sli:iieliolilerH luiiy vote liy proxy for i )ireutorM, s. 2(i, hs. .".' 
 
 lertii of (Mlice of Direetor.s, s. L'ti, s.s. iS 
 
 ^':lo,■lIleie^^ in the Hoard, how tilled, s. lid, hh. ;J 
 
 s. •_'!), .MS. !) : '...'.'.'.'.'. 
 
 I'resident, how elected, s. 2(i, hh. 10, .... 1 . . ..'.'..'. . . . . . . . . . , . '....'.].'....... 
 
 Vice- ['resident to act in alisence of I'rcHident, s. '_*(>, h.s. IH. . . . . . . . . . . '. , . , . ',..', 
 
 Such ;di.>.cnee to he entered in ininutes iind certified ! . ..'........'' 
 
 t^Moruni at ineetinj,'s, h. lMi, sh. 11 
 
 Acts of a majority of (inoruni of inemljerH to hind, h. 2»i, hh. i2. MS 
 
 < astm^c vote, s. 2(1, ss. l;! ' iau 
 
 ....!..... . ." .' '. . .' .' ." .' '.'.'.. lOS 
 
 I'Ai;k 
 . CC 
 
 , 10(1 
 
 lor, 
 
 Hi7 
 
 . 107 
 
 . 107 
 
 IOC, 
 
 , 107 
 
 , 107 
 
 . 10!» 
 
 . 10!» 
 
 108 
 
 Directors to he sidiject to ShareholderH .and Bylaws... 
 OHicers of Coniliaiiy not to he Directors, «. 2(1, ss. V>.... 
 
 May appoint otticer.s, s. 2(1, ss. 17 
 
 To make Hydaws for niaiia>,'einent of Stock, s*. 2(1, ss.Ki. ...... ... 
 
 ro cause annual uceountH to he k.'pt, s. 2(1, hh. 20 , 
 
 May make calls on Stock, s. 27, ss. 1 
 
 May sell forfeited shares hy auction, s. 27, Hs. Hi. ...'..'..'......... ,, 
 
 May pay intercHt on sums called up in respect of shares, h. 28 hh 4 
 AgreimnU with Hamilton ami Lake Erie Jiailirai, Company. 
 Hoard of, in Ifnited iUmipany to consiHt of nine nieniherH, 
 C^Morum 
 
 and tx officio directors .... 
 
 Qualitication of director in United CoinpaiiyVto 'be'tlie'hoidii'iL'of .fV.OOO s'tock.'on 
 winch calls paid 
 
 lOS 
 10!) 
 108 
 10f> 
 109 
 111 
 112 
 
 22(1 
 
 V.» 
 
 Aiireement with Northern Railway Company. 
 
 Directors of C(.iiipany to execute joiii't workinj,' and equipment honds 
 i>ec liu.Nu.s ANU Dkijkniihk Stock- -M|.;ctin(;.h-1'uovisi(>.\ai, DiKE(.r()Us 
 
 T, , ILVKCITIVK ('o.M.MiTTKK. 
 
 I'luii'iTs, Division op. 
 
 Aiireement with Northern Railway Compamt. 
 
 Of Northern and North-Western Kailways ■>ic, 
 
 AVe Nkt Kah.ninoh. 
 Pkomtssoky Notes. Het Bills of Exciia.nob. 
 
 J'UOVINCIA;, SECitETAUY. 
 
 tlamitton ami North-Westcrn Railway Coiii))a:iii. 
 
 KatiHcation of union to he filed with, ;W V'ict. c. 4S, s. 11 V> 
 Railway Act. Unt " 
 
 (."opy of hook of reference to he left with, s. 10, hs. 2 
 
 Annual accounts to lie transmitted, h. .'iO, 
 rUd VISIONAL DlllECTOHS. 
 
 91 
 
 8M. () 121 
 
 Hamilton ami Lake Erie Railway Compami. 
 Who to he, ;<;{ Vict. e. ;W, .s. 5.. 
 
 Ti liave iiower to <ipen hooks for Kuh.scrijition of stock, 33 Vict, c. i 
 Meetiiii,' of, to receive suhscripti<inH, \Vi V ict. o. 3(J, s. 5 
 
 iO, s. 
 
 ."!(), M. 8 (Jlep) tj 
 
 to calling of first meetinj,' of shareholdeiH hy, re- 
 
 l;? 
 
 31 
 32 
 
 Notice of, .•{,{ Vict. c. ;i(l, H. 5 
 
 Wiicn to call first meeting of Hhareholders, 33 Vict, c 
 
 34 Vict. c. 41. 
 Sec. 8 .33 Vict. c. 3C., p. (i, 
 
 pealed, s. 2 
 
 Wlien may call the same, s. 2 ■■...................'.'....... lis 
 
 I'owers of, as to taking suhscriptions for shares, s. 3 . r{ 
 
 Provisional DiHKCTous. 
 
 Hamilton ami Nnrth-Wextern Railway Cumpanu. 
 
 Who to he, 3,") Vict. c. 55, H. tl " 
 
 I'owers of, .35 Vict J. 55, s. fi 
 
 When may call general meeting, ,35 Vict. c. 5,5. .s. 7 '. 
 Puoxv. 
 
 Railway Art, Ont. 
 
 Shareholders may vote hy, s. 2(5, ss. 107 
 
 Ayreimtvt with X.R.C. 
 
 _^ Men hers of Kxecutive Committee ir-iv appoint proxies. . . . 'Wt 
 
 Public ],ANi)s. " ' ^'^' 
 
 Railway Art, Ont. 
 
 Occupation of, hy Company, s. 9, ss. 3 
 
 Public Wouks. See Comihssionek of Public Wokkh. 
 Publication. Sec Notick. 
 
 Punishment. .Vm •■'ines and Penalties, Penal Clauses, 
 Qualific/.tion fok Dikectoks. 
 
 Haiiiitlon and Lake Eric Railwati Ciminanu. 
 33 Vict. c.3(j. 8. 11 
 
 87 
 
 .MiiiAi 
 
INDEX. 
 
 299 
 
 rAi;E 
 CC 
 
 10(1 
 
 lor, 
 
 Hi7 
 
 107 
 
 107 
 
 IOC, 
 
 107 
 
 107 
 
 \m 
 
 10!» 
 
 108 
 
 :')s 
 
 lOH 
 
 lOS 
 
 lOS 
 
 10!) 
 
 108 
 
 10f> 
 
 109 
 
 Ill 
 
 \V> 
 
 lirectors .... 'J2l> 
 
 220 
 
 X)0 Btock, on 
 227 
 
 2,VJ 
 
 (I us — 
 
 2oi; 
 
 52 
 
 91 
 
 121 
 
 s. i) .» 
 
 .") 
 
 ;") 
 
 tj 
 
 k'lH by, re- 
 
 l;? 
 
 l.S 
 
 1.1 
 
 31 
 
 32 
 
 32 
 
 107 
 
 237 
 
 87 
 
 ii> AlinCATION KOK DlUKCTOKH-Cod/liil/rfl. PAOE 
 
 ' UamiKon and ^orlh■ WfxUrn lutihn,!, Comimvj. -^ 
 
 ■Ah Vict. c. .")".,«. 12 !"..'.".'.'.'..'. -'-^^ 
 
 Uiiiteil Viimjinnn ,. ^'^'' 
 
 lidihraii Aft, «. 20, »«. 4 ....•■ 
 
 Fom-t"lH-, 33 Vict. <;. 30, s. 1!> ■■•• 
 
 Uam'hoH awl .\orth- Wrxtern IimUr'<!i U.mimny. ;,4 
 
 Wliit to 1)1', 35 Viut. c. ;>•>, H. 11 
 
 nailiriiii Ai-t, Out. 180 
 
 4,n-i^,^h Ti'Jh'jlLmon mid iMhv Evie Uaiiwa], Company. ,^^. 
 
 • \)u.,n.n. ..f Diroct-rs uf Uuite.l ("oini.a.iy 
 
 Anrrenma villi S„>ihev„ Itaihmn C;mi„u,;i 238 
 
 ^ (iuoru.i. four to l.M of Kxecutivo (Committee 
 
 Kmiway AiciDKNTs Act, 1881. j \M 
 
 Short titlf, H. 1 W4 
 
 Apiiliciitidii of, H. 2 104 
 
 "rackion,"in<atiiiiK'ol, h. 3 104 
 
 H.ich \.ria;,'.-s iiM.l the top .;f freight cars >*• •> " / 1(15 
 
 ^t^::Z;:::ylS^^^^ ••« '^^^ fori„i«ry oeca.u.,....l ..y ^^^,^ 
 
 Buch nc^'li'ft, s. 7 ..•■••• •. ; • -.v ' • 'A l''» 
 
 Wh.n railway not liable for (Mault, s. 8 KiS 
 
 I.iiiiit of couiioMisatioii for injury, h. J ■•■■ i,i8 
 
 Limitation of actions, .-i. 10 
 
 Power t,.^tt^u't lAilway to be exercised «,n.ject to provi.ionH thereof, h. ...... 80 
 
 ^llai'S'ient'to i.u^inun'ate with Special Acti «' ^ •;;;;;;:::;:;; [i] l!! i! l! i! i! loS 
 
 Act to auienil _ 
 
 K.viuvAY All. Act, 187S li.6 
 
 Ai.l to certain Railways, s. 2 ..■•••• m, 
 
 Hamilton and North-We^uT.., r. 2, ss. 1 jr.^ 
 
 Port St.mlev an.l I'ort Kranks, s. 2, ss. 2 -,5,; 
 
 North .-^inicoe, h. 2, ss. 3. • ' 1.57 
 
 Mode of j.ayment of tyrants, ». 3 
 
 ^"'"S:.-"^'"^' "^1'" '''^''■"'''-' '" ''^"'" ''• *'"'" '""'"'" '"'"^":"" "':: "" v.: 
 
 PavmS not' toi.en;adetiir report ;;f- ciimmissioneVof l^...Uc Works, ^ 
 
 ■ pletion of line anle.l • • • ■ 1.57 
 
 Tayinents as portions are comidetecl ['.'.'.'..'.'.'. ^l 
 
 Si'i-ii) certificates • ; 1''8 
 
 ( 'onl itnms in U. S. ()., c. 110, to apply ; ■ ' • ' ; 1.58 
 
 ^■^!B:ii^!B^rT..^.. - 
 
 ^'"A^^.ic'^m'lls^ecessarv when Provincial crosses Donauion Eailway, s. 7, ss. lo . . . 1.4 
 
 P. MI.WAY t 'oNSTAIiLIiS. -SW' CONSTAULKS. 
 
 lUlI-WAY FlNl.>. . .„ 
 
 Hailirail A id Art. I'W 
 
 SSnt:l;ovJ;nor in Council inaVgrantjai.l to certain Railway., s 3 •••••;;;;;; J^} 
 i^ oof to be furnished by Ha.lwavasdcn^^^^^^^^^^^^^^ 
 
 ^::^C^X:^ni:^!^^^^^^ ^° be subiniUed to U.e Le...ature ^^^ 
 
 ' • • • -t 4»> 
 
 Ordei-H to be published, »• »• ■ • '.'.'.'.'.'.'.'. l**- 
 
 Paynients when to be made, a. J 142 
 
 Proviso, s. !> '."..'.'.'.'.'.'.'. Jl^ 
 
 cjnfiii « 10 >.' ' ' W ' 142 
 
 Porm' "f" certificate for payment out of , s. 11 • ; ; ; ; ; 151 
 
 0.f f Sieii of- Conditions-of Order- in' liouncii; - payment may be directed, s. 12 . . 142 
 
300 
 
 INDEX. 
 
 lUll.WAY Fl.NI) Cniitilllicil. 
 
 Jiaihni/iAi'l Aft -{'i>utiuutn\. PAilR 
 
 Kiiuivitlt'iit lif yearly pHyinent, to payramit in hu ", h I'i \^;l 
 
 niri'ctiori t > pay, ». l.i " j^., 
 
 CliarKc iTcatiil l)y Oiili^r, 8.13 .................."."..,'.".."....'.".".. \.{l 
 
 AiiiiiilliiiK the Ordei, H. 14 ......'..'.'....'....'.'.'... 14;{ 
 
 l{ail\va\s jjianti'il aid, m. L'2 ] ■•■'.•••!. 1 ...!.!!!!!!!!!.!.. uk 
 
 «'(>ii(liii(irH iipnii which KraiitH of M are iimdw, h. U-', bh. l ..... ..... .... ....'.,'. . 147 
 
 S<Tii> <<'rtitic,iti'N, h. 22, hh. i> j _ ' jj 
 
 Stai iHtical iiifiiiiiuitiini, h. L'2, ms. « ..■■■■'■'■■.■.........'..'......'..'.'.'.'.'.'.'.'.... I4J 
 
 liiii'atiiiii, Kniili'M, etc., Hulij.'ct to iiiMpfctiiiti liv (JnvcrnPMcnt KiiKincVr, i. I'I'/mh*. 8. ! 148 
 
 KaiJH iM.t ti lie iiKivcd witlii.iit cim.^ent «( Liciilfiiatit ( iiiv.iiior, h. 22. hm. S 14s 
 
 Minle of I'ayiiiciit of (,'iaiits, s. L'.t ' \.^t^ 
 
 Aid to railways cxtcndiuj,' from Miinkokn, h. '2i\ .................'.......'.... W.) 
 
 Haiiway I, and Siiisidv 1''i,\i). 
 Jiai/ It'll II A ill Alt. 
 
 Land H.t apart to fonu a fuiul to reoon; "-v.iiin. for ijratit In nid of rallwavH, s. 15. . 144 
 
 I cilIH of s;\\t\ H. 1(1 ' 111 
 
 Mi>iicy aritiiiL,' froiii Hale land to form iuilwuy l^and SnliMitly Funil, h. 17 .'.'.'." 144 
 
 Applii alion of fund, m. 1H J^^ 
 
 I'ini' ticcs ri'Mi'ivt'd, h. 1!( ] c 1 
 
 Hfiliictinii of pii,>( of lands not worth *_' per acic, h. 20 '..'.'.'.'.'.'. 1 14 
 
 Lands .so set apart may hu disposed of l)y way of Free (Jrants for rigiit of' way, .s. 2i! 14.'> 
 JvAlLWAY SCHII'. 
 
 41 firt. r. 1!). 
 
 Act respeotini,' the rej,'istrati(m of Railway Aid Scrip l.V,» 
 
 licLristry of, s. I ' .'......'.'.'. 1;"!) 
 
 La^t reL,'isterfd liolder <lcejuetl owner, s. 1 ]-,;* 
 
 Kndorsemerit on scrip of ownership, s. 2 .' . I(i0 
 
 Mow scrip tran>ferred alter ( ertitic.ite of ownert-hip, h .'{ '.'.'..'..'. l(i(t 
 
 ,« .'''-■"'^•■'T iiii'l entry not to be made except on authority of last registered owner, s. 4. 100 
 
 42 Vict. 1: 2H. 
 
 Aid to liailw.iys may be made by anntial i)ayments for term of yearn in lieu of one 
 
 t;ross sum, s. 1 ' ],;| 
 
 Time of semi annual iiaynieiits s. 2. . !(;•_> 
 
 Form of scrip to be used for such send animal paynients, s. ;( pi'.' 
 
 Kaii.way- Sihsidy Kind. 
 
 Kstabli<linient of, K. S. ()., e. ICil), s. 2 . . I41 
 
 Eaii.wav.s. 
 
 A'jrcfiiiiiit irit/i \iirtlicrn /{iti/imi/ ('iiiiipiini/ 
 
 Keiits for, leased by Northern .iikI Voitli Western Kailuays to be worldn,' expense-. 2)') 
 Maintenance of, of Northern and Xorib-Westcrn K.iilw.iy^ to to i)e workins,' expen- 
 ses ■ .);{- 
 
 Katkm. ■ 
 
 Aijymnent ii-itli .Vorllifrn Riiilii'iiji i^iimiidiiit. ' 
 
 I'aid by .Northern and Nortii-Westerii to be " Working' Fxpenses " 2''(» 
 
 HdiniUoii iind A(irtli-H'(.ilii-ii Jlai/inii/ ('11111/1,11111. 
 
 Kecpusites of IJy laws respecting, ;!(> N'ict. c. S4, s. 7 . 4;{ 
 
 Real F.statk. 
 
 Assessment of Railway t'ompanies, R. .S, ()., c. IHI), s. 4 ITu 
 
 Hl'C LaND.S and THEIH VALUATION. 
 
 Keevks. 
 
 J.iiihnni Ai't, Out. 
 
 Not to vote f.pr Directors of Ci jnpanies incorporated before llth Jime, 1S5;J, s. .31, 
 
 !<•■<• i'' 115 
 
 liEKFl:^ R. 
 
 Ai/,"(<'i>i> lit iritli .y'ifthirn Hailiraii Onm/iini;/, 
 
 Must contirm My-law of lOxecutive Committee, disallowed by Board of one Comp- 
 any to make same valid o.'iS 
 
 Appointment of. for Northrrn and North-Western Railways '. 241 
 
 C J. Hryd^'es, first Referee 241 
 
 For what time appointed 241 
 
 Notice for new Referee 2^1 
 
 Four mend)ers of Executive may give 241 
 
 Kifect of, notice ^ 241 
 
 l',xeculive ( "(jmniittee to name new Referee by unanimous vote 241 
 
 'I'enure of olHce of new Referee 241 
 
 If Executive (.'omndttee U'.t agreed as to 242 
 
 Each company to appoint arbitrator 242 
 
 Third arbitrator, how appointed 242 
 
 Arbitr.ators to name a Referee : 242 
 
 To settle disputes between the ( dmp.iniea 242 
 
 To decide whether by-law be contirmed or not !.....!.. 242 
 
 L'ecision to be final 242 
 
 llEFERENCE, BoOKS OF. See BoOK OF Rkfeuence. 
 
 JA.'i^K^ii&^^i'ii^^^a^^ 
 
INDEX. 
 
 301 
 
 rAUH 
 
 U;» 
 
 U:i 
 
 lU 
 
 14.{ 
 
 ur. 
 
 147 
 
 1^. 
 
 14u 
 
 . '."-', HH. 8.. 148 
 
 HM. S 14S 
 
 14!> 
 
 14l> 
 
 .•ayn, s. 15.. 144 
 144 
 
 17 14^ 
 
 144 
 
 141 
 
 1 14 
 
 u.iy, .H. "Ji. 14.'> 
 
 l.V.> 
 
 liV.t 
 
 1V.» 
 
 ItlO 
 
 ii;(t 
 
 iwiier, .4. 4. liiO 
 
 lien of one 
 
 nil 
 
 Id-' 
 
 !(;■.' 
 
 141 
 
 ,' exiK'n.He". "J.!.") 
 iiii,' e.xpeii- 
 •_'.•{.". 
 
 •.'.!(; 
 
 4:{ 
 
 \rn 
 
 sr.;!, R. 31, 
 
 115 
 
 ne C'omp- 
 
 2:!S 
 
 241 
 
 241 
 
 241 
 
 241 
 
 241 
 
 241 
 
 241 
 
 241 
 
 242 
 
 242 
 
 242 
 
 242 
 
 242 
 
 242 
 
 242 
 
 llKtllHTIl.VTtON. „ „ , r, . I'AdK 
 
 Ui,m<tU>nnn>l Lnkf KntlhuIu-niiCnrnfMiny. 
 
 Fee for, of ei)iivfViiiii'i's tn, H-' Vict. e. .«i, g, 4 •• 
 
 fTitnii/tiin aii'l North- WcHtirii Jidihviiii ('omhitiiil. .i \ri » ., .in 
 
 of li'.mt nocenmiry to entitle Uol.lerH to vote, etc., If interest In amar. 41 Viet. c. 4H, ^,, 
 
 Ot .loint WoVkhiK atwi F,.n.j|Vn'ient'lii.n'.i« rtMi'uiHite Vo eat'iiie hol.ier. to vote if intercKt ^^. 
 in urreiir, 44 Vict, e. OCi, ». If 
 
 Kknt. 
 
 Hail n-nii Aft, Out. yj~ 
 
 When to tie deenie.l wnrkinj? expetiHOR, H. 101 
 
 Aiirn mfiil irith S'i)rt)ii'i')i lUtilivmi ('iiiiii'inijl . t-« n l 
 
 ' i.";, r'tilw iVH, Imil.linK, v'luwveH. etc., of H.v.uilton an-l North-WeHten. Railways, to ^^^ 
 
 InchidiiiK' rent tor Nortli Simcou Hallway, not to exceed .»li>.0(W ^'^ 
 
 liKI'AlKlNii SlUll'S. ..,.,, -i. . 204 
 I'liiiiipal to lie uiaintaineil at Ilaniilton 
 
 ItKTIIlNS TO (loVKHNMKNT. Hct STATIMTIUM. 
 
 Kidirr OK Way. ,. , „ 
 
 llamiU,m nn,l SnrlUWe^tfni Kaituyti (Mmrnni,. ^ 
 
 .Mmiicipalitie:* nmv Kiunt land for, .i'.t V ict. c. (2, h. « 
 
 (ireut We.tem Itailway Trains to have crosHing near Wellington s.iuare -U 
 
 111 V Kit-*. 
 
 Uailmni Art, <hit. ..... a^i .... 184 
 
 Jlailway Coniiiaiiy not to. obstruct, h. 8.J • •••■> 
 
 Srr MiuDiiK.s 
 
 Sic BiunfiKH, ('u(issiN(is, HiciiwAVs. 
 UoLi.iNn Stock 
 
 H,n,nlloii „wl N<'Vth-\Vf»l<rn Jln,luu,,l f ompari!,. (.„,n„aiii,.- T. Vict 
 
 I'ou.i'any ni.iy make arninj,'en.ent« for use of, with ..ther Companies, .... v u t. _^^^ 
 
 c. .'.ri, H. :(2 
 
 Jill law III' Hniiiilt'iii. , 1 1 n . ,- 205 
 
 ' At rate of si.OOO i.cr mile, to l.e t.urcluwd l.y Companv 
 
 Aiineiifiit with .Siiiiheni Unitwuij Cuniiiniiii. ,,.^.j ■ 
 
 " 1;::h:'';?\i&.!:;t!;;;i'::^Northern-an;rNorth:WeHierni{aiiw,u^ '^ 
 
 !Ci;;i;:£:,uui"of:''c!:t of."::" 'Xorthem-and- Xorth-Westem RailwayH; to' i.e working ^,^^ 
 
 To he7ii'i"'i:'^i^'''i "''ll' V"-"eeeds (.if'jo'int'w.)rkin},' and wpiipment b..nd8 -:'- 
 
 Rules ok Kxkci;tivk Com.miitkk. 
 
 A'lni incut with Snythirii /.'iiiliMH Ciimjiitnii. 2:!i.» 
 
 'I'll he C(.litiinii'd hy h'lth Coiopiviiies ."'.j,', 
 
 If not disallowed in seven days cuiihrnied . ^••••;. om 
 
 If one con.paiiv disai.pn.ve. Referee tn decide as t(. e<.nhrinati..u - • 
 
 Not di-!dlowrd'to have effect of rules of, l.uth cumpanieH -•• 
 
 UrNNINli .AUItANl^KMKNT.S. 
 
 Lake Erie Jliiihni.n ('"iitpnini. , „ ., „ ., ,,_ ^... ,. ,~ „ ., oi 
 
 Company may make with other l!aihvay or Railways, .57 \ ict. c. 4.., s. .< -^ 
 
 To he sanctioned hy shareholders, M Vict. c. 4o, s. .5 
 
 Rl'NNlNt) UoAKI) (.N l''lU'liiMT <'AUS. 
 
 Hailwail Aeeii(eiit!< Act, V^'!^\. .^,;(; 
 
 Ke;;ulatioiis as to, a. 
 
 RUNNINU I'OWKIIH. 
 
 Huiniltoii awl hake Erie Railwaii Comp.nvi. y^ 
 
 Conipauy havint? over line to name Directors, Mt Vict, c ^o, s. ,) _^^ 
 
 Not to hold stock in company, s. 
 
 Salauif.s. , ,. , ^ 
 
 A, iricment with Northern nnihiaii Com}'injl. „.,, 
 
 '' Of employees of Northe. n and North-Western Railways, to be working expenses .... 230 
 
 Salmonvii.i.e. 
 
 A'/rceiiient with ChiwiuaroitKii. „qq 
 
 ' Company to place Station at Village of *■ 
 
 SCAI.K of VoTK.S. „.,.., r, 
 
 Hamilton anil Lake Kne lunlwan Comjmnil. ^ 
 
 :« v'ict. c. :<(', s. 17 : 
 
 Hailwail Act, Out. -^^^j 
 
 s. 20, ss. 5 
 
 Se.vts. 
 
 Railwnii Act, Out. , „ . . oo 1.S.5 
 
 ( '(.lupaiiy to use best apparatus for faxiug in cars, s. 88 ^^^ 
 
 I'eiialty "for faili.ig to do ho, s. 89 
 
 I 
 
,302 
 
 INDKX. 
 
 
 2;w 
 
 •2m 
 
 1.-. 
 
 50 
 
 WlCIlKTAniAI, KXPKNMKS. 
 
 AijirriDriif irilli ,\iirllirrn liaHiritii Ci)inpitnii, 
 
 ( »f Nnithfi-ri iiiid Niirtli-WiNti'tii l.'iiilwuyn, to lii' " WDrkhn; ox|mntii!M." 
 
 SKrilKrAKV iiK .VdUTHKKN KaII.WAV CuMI'ANY. 
 Ai/ni'i)ifiil inlli Siirtltfni Hmiirni/ (\>iiiii(iiiii, 
 
 'I'll lii^ Sfcrt'tttry of Kxcciitive ( 'omiiiittue 
 
 SKMArilDUKH. 
 
 Aijnfmriit irilli Omit ]Vi:nlrni Rdihnin. 
 
 <iri'iit Wo-itcrti liiiihvay to wnik iit crn-iMiiit,'* niMi- \V.'lliti;,'tiin Sniiiirn 
 
 ("oiiMtriictiiiu (if, liy Uri'iit Wi'Mtcrii Uallwuy ut ci'iw.Hiii;,' iii'ar Wi'llingtim Sipmre . 
 
 .SUNKCA. 
 
 fiiiliiir of Ciiliiloiiia, 
 
 (/'oinpuiiy will I'l'mMiiy (iraiiil Trunk Hiuhvay to iTi'ct fliij; Htutioii at Htl 
 
 Skivantj*. 
 
 Htiilii'iiii An, Out. 
 
 'I'll wfir liiiil,L,'<'M, s. .'W , , . , I Iti 
 
 t'oiu|iiiiiv may mako rulcn for, m. 7'J ,. , , , .,.,...., l.'U 
 
 .*Sl 1 n.KMK.NT W i'l.AlM.S. 
 
 Ai/irmiciit it'ith Nnfthrvu UnUnaii Coinpiiii/i. 
 
 Hetween Xorllu'iii ami Nortli-Wcstcni UailwayH Agreement, 2lHt, Fob., 1881, to lie 'Jj;! 
 
 f<llAUi:i|oI.IIKIlS. 
 
 Jloinilliiii mill Lnkr Erie Hdilwiiii. 
 Xi Viit. r. :t(i. 
 
 When fir^t ini'i'tin,' of, to \m\ cillcil, h. 8. . . . ......,, 6 
 
 To fleet Hcven I )iit'Ctors at, n. 10 tt 
 
 May paKM Hy-laws at, h. 10 7 
 
 ;u ^''lV^ <•. il. 
 
 lioiulliolclcrs of Hamilton and Lake Erie Kailway, tlieir rit,'lits an SharehoUlerH, s. 10 
 Uiiiiiilliin mill Siii-lh-Wintir'i limliniii fitnijuinii. 
 
 Wlien First meeting of, for eleetion of I )ireetorsi to he lieM, X< Vict. c. ri.'i, .h. 7 
 
 Mii«t have paid ten jier cent, on Stock to entitle to vote, :i"i Viot. c. hU, h. 7 
 
 (ieneral meetini,'n of. ss. 10, 11 
 
 A.si.ent of two thirds of, necessary to sanction lease to another Railway Company, 
 
 35 Vict. c. 55, s. \V> ". . 
 
 ;t8 Vivt. r. 48. 
 Assent of majority of, reiniisite to anial^'aniation agreement with Hamilton and Lake 
 
 Erie Ilailwav Compiuiv, s. 8 
 
 ;iH Viit. ',: 7-'. 
 
 Assent of. re<|nisite to sanction issue of Bonds, s. 5 51 
 
 41 Viit. <•. 48. 
 
 Sanction of, reipiisite to isHUe of ]5onds for constructioii lieyonJ Barrie, h. 5 71 
 
 44 Virt. c. (it;. 
 
 To approve of issue of Joint Working and K(piipment lionds, s. 3 70 
 
 Haihviiii Art, Out. 
 
 Sciilu of votes, s. 2('i, ss. 5 107 
 
 " Sliarehol ler," nieaiiili;,' of, h. ."•, ss. 13 ; 85 
 
 May hold (Jeneral ,Meetint,'s, s. 21 l(Mi 
 
 1 >irectors to lie suhject to, s. "Jti. ss. 14 108 
 
 Interest may lie allowed to, on |i,iyi..,,' money in advance on shares, s. 27, ss. H 108 
 
 Individually liable until shares paid up, s. 30 114 
 
 Kecord of names and residence of, to he kept. s. 30, ss. 2 114 
 
 Ainiilijiiiniitiiin Aiiiri'imnt ifitli llnniilfoii iiwl Lukt Krir llnitiniii (.'(inipniiii. 
 
 Uf llandlton and North-Western & Hamilton and Lake Erie entitled to receive shares 
 
 in Li nited Company •2'25 
 
 Entitled to one vote for each share in Uniteil Company '221} 
 
 Calls on .Shareholders <if I'niteJ Company regulated hy Handlton ami North-Wes- 
 
 tern Acts 227 
 
 .^ff Calls (IN Stock, Shakks and theik tkan.sikh. 
 
 ShAHKS and THKIll TUAXSKKU. 
 
 JJamiltoii tnnl Lnkr Erir Jinihrnii Ciimi»iiii/. 
 
 Votes to he in proportion to nuinbor of shares held, 33 Vict. c. .'ill, c. 17 !* 
 
 Jiiiiliniil Act. Ont. 
 
 Votes to he in proportion to number of shares held, s. 26, s». 5 107 
 
 May be forfeited for non-payment of calls, s. 27, ss. !) 110 
 
 Oid'y at (ieneral MeetiuK, .s."27, ss. 10 Ill 
 
 Forfeited shares to he .sold by auct;;:n, s. 27, ss. 12 Ill 
 
 {Certificate of Treasurer to he ev dence of Forfeiture, and of Title, s. 27, ss. 13 Ill 
 
 CertiKcates of proprietorship prima facie evidence thereof, s. 27, ss. 7 110 
 
 Want of certificate not to prevent disposiuj,' of shares, s. 27, ss. 8 110 
 
 Shareholders may dispose of shares, s. 2'J 112 
 
 Form of sale, s. '20, ss. 2 113 
 
 To be persi'nal estate, s. 29, ss. 3 113 
 
 Transfer of, s. '20, ss. 3 113 
 
 Transmission of shares other than by transfer, how effected, s. 20, ss. 4 113 
 
 Company not bound to see to execution of trusts, s. 20, ss. 5 li;{ 
 
 Company not to take stock in other companies, s. '20, ss. 7 114 
 
 See Capitae; Stock— Call on Stock Shakeholdkkh. 
 

 ■>:m 
 
 <|nare . . . 
 
 
 
 lltl 
 
 
 l.CJ 
 6 
 
 ti 
 
 
 7 
 
 lldt'I'H, H. 10 
 .H.7 
 
 7 
 
 1.-. 
 
 Ciiiupany 
 
 
 n and Iinkt 
 
 5(1 
 
 
 .'•) 
 
 .5 
 
 71 
 
 
 70 
 
 
 107 
 
 
 Hr> 
 
 
 lOCi 
 
 Nf<. 11 
 
 108 
 KIS 
 114 
 
 
 m 
 
 five Hliarea 
 iJiirtli-Wes- 
 
 •->2r> 
 
 •-'20 
 o->7 
 
 
 <t 
 
 
 107 
 
 
 110 
 
 .13 
 
 111 
 111 
 111 
 
 110 
 110 
 112 
 
 
 11 ■< 
 
 
 ii;{ 
 
 
 ii< 
 
 
 ii.{ 
 
 114 
 
 INDKX. 
 
 n(»3 
 
 T..liuut.iini..siti.m of X,,rtl>.ru ami North- W.'xtt'rnltailwft>» •••^ ,^.^^ 
 
 Kxceiitlvi- ( oiiiiiiilUM' to control... ■•, ■ • ■. v Vi' ' V ...«it«nu'avM"to lie' workinu 
 
 Maintaii.anc! of, c-o.st of, of Northern an.l North-Ue».tern Kailwayn to }m >»|«'«'"» ._,.,. 
 
 To l^Txten-iea ■ with i.roc^edn' of' joint workintf'an.i Vci'tilpuu-nt l.on.l. -'W 
 
 Amwnent with Ofott Wv^lfn, Rnilwit,, l'„mjm»ii.^ LV.,ili„.,hm Koiiire '^:«> 
 
 Of (Ireat WoNtcrn Railway to he tinf.l at cro-sin« near Wellington K-iuaie - 
 
 .SliiNPO.MlliS. 
 
 Jliiilirit!/ Art, Out. 102 
 
 'JVi Iw erecti'tl at llaihvay CroH.sinKH, h. 21 , sh. .) 
 
 Mill' to U' (• nstructcd throu-h County "f, X> Vict. c. ."i';.. «• •' ■• • • : j ' • • 44 
 
 (Cntv of, may name 1 )iiect, . if it grants .^;tiH).(X.O, M \ let. c. 44, h. U • • • 
 
 ProviitionH a» to Monim ;;rantc(l hy 
 
 ■See MllNUIC.M. HoNI >*K!<. , ,„ ,r- , ra 
 
 More ,,articulaily uii.ler :«t 17.7 ,1.. o2, and 40 I -r, 1\''7 .■;.; V,;/,'. ',.',. ;,•,! , . . . 188 
 
 If l,o„ 1. ..f ^:!(HI,(MM) not ^'ranted hy <'"n.ity of Mn.co.. ' ' ' * J, ,', ,, . j^^^^ IHlt 
 
 Kylaw of » 'onnty of graiiting *i00,000 to company an.l a^jreement tlKiumUer 
 
 •SLIOO, Vll.L.\(iK OK. 
 
 Aiircciiient with Culcdniiiit. 200 
 
 Comiianv to erect at 
 
 ^^'Xr^eiSt uS^en U,uiS;:;:;:d North.We.tern Tlailvay. and C-re.Ut Valley Hail- ^^^ 
 
 K..cir:dr ll^unn'mS N^.rth:VV^ten; iuilway. have erectedHtation at -^ 
 
 ( Vc.lit Valley llailway wai;tK j..int uh.; • . . ■ ; •.■;,•••,; / _\['\ '^'48 
 
 ( •re.lit V.vllcy Kail way to im> -s^:* a yt-%;/^'"''''J'''y . '' ,\'^^^'^ V^^^^^^^ .... 24H 
 
 Station A«ent of N..rthen> an.l North- Western t.. hav i.mtiul ._,^^ 
 
 S,^;:;i^ v^;::i' ia;:^;"ui::^s^;-i.- h;;di.mi.sed i;y.N;.rth and No.-th. ^^^ 
 
 WeHteni. if dmrye well fonnde.l 
 
 Small Stukkt (Baukik). 111.") 
 
 Hallway not to run on 
 
 .Special Act. . . t. -i , \ f «,u», « -> *'*' 
 
 What Hutficicnt to incorp.iratt Kadway Act witn, «••>•••• 87 
 
 Cmpanies in.Narorate.l nn.ler t.. be '''•'l'«;.^'"[l"'^''\^;,?- "'(j .:;:;:;; 80 
 
 I'ower to c.nstmcl railway hy subject t.) jUdway Act, «. _ ^j,, 
 
 ^::;i^Z:l}£\!i^ "ZiZti^^^^r^y^^^ fro™ pa.in« of.-H:30: «.-5: l! ... 120 
 
 ^*'^"^''^S';;^;dv'-"'Ueheid,.5yict..55,H.ii :::::::•;::::: iS 
 
 Notice reiiuisitc ror, lio Vict. c. .io, h. 11 
 
 Sec Meetings. 
 
 Speeii ^[.^^jjJ*^;^;^^^ jjgj pf p„yic Works may regidate, s.r>2 .'.'.'.'.'.'.'.'.'. 125 
 
 Tenalty for non-comi>liani'e, 8. !">2 • _• i;{.-, 
 
 Of enginea pa-s.^ing Uir.)Ugh cities or towns, s. JJ 
 
 St.\tement.s. 
 
 ^^'^C^lSn lo be furnishe.1 to Clerk .,f Mnnicipalities, s. 20 ■■■■■/^ 
 
 Duties of Municipal Clerks, «. 20 yXi 
 
 Conn)any n.it authorized to run on 
 
 «TAT.ONA.|V^ EN..NES. ^.^. ^^ of Northern and North-Western Railways :;;:;;::;;:: |!1 
 
 Executive Committee to control 
 
 ^^'''^Hamiltou nml Lake Erie Rnhva;/ C<mptv!> ,, 21 
 
 t.'ompany t.> have powv. to erect, JO Vict c. -i , s. 1- 
 
 Hamilton and XorthWe: tern /^n''™.'' ComfHtmi. 45 
 
 May erect at CJ.dlingwood, 37 Vict, c- «;/• ^- -.•,•„• .% 
 
 Municipalities may grant lands for, -.!) \ ict. c. < -, s. » 
 
 Rnihnoi Act, Ont. _ HS 
 
 Company may ^rect, s. 1», ss. . 
 
 Agreement irith Northern Railu-ai, ^"'"''{"i^" .,, .^Vestern Eailways '-':« 
 
 Tobeatdisp'witionof Northern and North-western ivauwHj . ^^.^^ 
 
 S^iLS""" c^ c!^: T Northern- and •n;;hK Western' Hallways to be working ^^^_ 
 ToS;Z.dwitM-cee;;V.;rJointW,.rking'anyi^iuipmentBon.ls 252 
 
 liTATiSTirs^^^^^ the C..ns.^lMat \ Hallway Act, s. 2 9 ■.■.'.; V. 175 
 
 Word, " Company" .vhat t.) mean, ». 29 ','.'.'.'..'.'..'. 175 
 
 Person what to include, .s. 2D 
 
304 
 
 INDEX. 
 
 Statistics— Con^nwaZ. r, 
 
 Comiianifcs to furnish yearly returns to Government, and in what form, and with what 
 
 details, s. 30 
 
 Penalty for not niakinj,' returns, r. ;<0 
 
 Weekly returns of traffic for publication to be furnished by Comi)anies, and copies to 
 
 be posted uj) in Head Othce, s. 31 , 
 
 ' Penalty for default, s. 31 
 
 Penalty for false return, s. 32 
 
 Keport to Parliament, s. 33 
 
 Returns to 1 e privileged, s. 34 
 
 Steam Vessels. 
 
 Hamilton and Lake Eric Buihvoii Cnmpnni/. 
 
 Company to have power to purchase etc., 30 Viet. c. 8."), s. 14 
 
 Steam Whistle. 
 
 Railway Act Out. 
 
 Each locomotive engine to have, s. I?.'?, ss. 8 
 
 To be sounded at every crossing, a. 33, ss. 9 
 
 Penalty for neglect to do so, s. 33, ss. 9 
 
 Stennaton. 
 
 Agreement with Esquesing. 
 
 Company to erect at cross-roads, between lots 15 and 16, station to be called 
 
 Stock, 
 
 Hamilton and Lake Erie Railuaij Companii. 
 
 Provisional Directors may receive subscriptions for, 33 Vict. c. 3(), s. 5 
 
 Hamilton and North-Western liaihmii Company. 
 
 Provisional Directors may receive subscriptions for, 35 Vict. c. 55, s. 6 
 
 Railway Act, Ont. 
 
 Company may not purchase their own stock, or the stock of any other Company, 
 
 8. 29, ss. 7 
 
 See Capital Stock, Shakes and their Transfeii, Stockholders. 
 Stone. 
 
 Hamilton and Lahc Eric Railway Company. 
 
 Power to ac(|uire land for, 3u Vict. c. 85, s. 10 
 
 Stoppage of Trains. 
 Railway Act, Ont. 
 
 Company •to use best apparatus for, s. SS 
 
 Before crossing another Railway for three minutes, s. 91 
 
 Passing swing bridges for three minutes, s. 87 
 
 Cons. Railway Act (D.). 
 
 Passing Swing Bridges for three minutes, s. 70 
 
 ^laliciously stoppping trains, C S. C 154 
 
 Storehouses, 
 
 By-law of Hamilton, 
 
 To be maintained at Hamilton « 
 
 Stores. 
 
 Agreement vnth Xorthern Railway Company. 
 
 Inventory of, to lie taken 
 
 To be at disposition of Northern and Xorth-Western Railways 
 
 Executive Committee to control 
 
 Cost of, of Northern and North- Western Railways, to be working expense 
 
 Streams. 
 
 Hamilton and Luke Erie Railway Compuny. 
 
 Company to have power to use, 30 Vict. c. 85, s. 12 
 
 Railicay Act, Ont. 
 
 Company crossing, s. 0, ss. 5 
 
 i'fc Bridges - River.s. 
 
 SVBPffiNAS. 
 
 Railway Act, Ont. 
 
 Parties to arbitration may obtain, s, 20, ss. 10 
 
 Disobedience .. ' .ereto to be contempt of Court, s. 20, ss. 10 
 
 Fees and conduct money payable with, s. 20, ss. 11 
 
 Suit.'?. 
 
 Hamilton and North-Western Railway Company. 
 
 On bonds, after issue of bonds, under 41 Vict. c. 48, not to be maintained, s. 4 
 
 SUNNIDALE. 
 
 Agreement with township of, under County of Simcoe By-law 
 
 Company to erect station at Clencairn 
 
 At Creemore 
 
 To maintain same for seven years after trains commence to run 
 
 Surveys See I'lan.s and Surveys. 
 Suspense Capital Account. 
 
 Agreement with Xorthern Railway Company. 
 
 Proceeds of j(jiiit working and ecpiipment bonds, to be ai)j)lied in paying 
 
 Swing Bridges. See Bridges. Burlington Canal Swing Bridge. 
 
 AGE 
 
 175 
 175 
 
 175 
 175 
 170 
 17tl 
 170 
 
 21 
 
 202 
 
 .5 
 
 32 
 
 114 
 20 
 
 135 
 135 
 l.U 
 
 177 
 
 IMS 
 
 204 
 
 2.3:5 
 23.-^ 
 233 
 235 
 
 21 
 
 88 
 
 97 
 9H 
 98 
 
 70 
 
 198 
 198 
 198 
 198 
 
 252 
 
INDEX. 
 
 305 
 
 PAGE 
 
 il with what 
 
 175 
 
 175 
 
 ,nil copies to 
 
 175 
 
 175 
 
 17ti 
 
 17tl 
 
 17t> 
 
 21 
 
 11" 
 
 117 
 
 117 
 
 illed 202 
 
 .5 
 
 :)2 
 
 ■r Comiiany, 
 114 
 
 20 
 
 i;i5 
 
 1.^) 
 
 l.U 
 
 177 
 
 IMS 
 
 204 
 
 2;« 
 
 2:« 
 
 23:5 
 
 se 2;!5 
 
 21 
 
 SS 
 
 !)7 
 
 !)H 
 
 'M 
 
 il, s. 4 70 
 
 liW 
 
 1!KS 
 
 I'.tS 
 
 IStS 
 
 252 
 
 Hamihon and Novlh-Westcrn Railway Compaq,. ta , 
 Municipal corporations may exempt railway from, 35 Vict. c. 5j, 8. ^0 
 
 Hee AssESf MENT. 
 
 T WEH 
 
 ' ■ A,'irccmeiit with Northern Railwaii rompanp. , „ , . „ ..og 
 
 I'lii.l by Northern and North- Western to be " working expenses -J'<*> 
 
 ''''^^' Line to extend from Hamilton to some Bay in Township of, 35 Vict. c. 55, s, 3 . . . . 30 
 Tecvmseth. 
 
 ^^'m^shS.'tn^n; shops, etc., north of and south of Medonte to be located at ^^^^ 
 Barrie 
 
 Agreement with TecM^u^ _, ....„.„..,„,.*:„„ .,f 7.1, Pn..,w«in„ ,.f VM 
 
 ■ Townshi 
 ,ilt from t 
 to run ne 
 !, 15 Cone 
 Company to erect and maintain stations at,— ^ ^ ^ j,,^ 
 
 Clarksville _"' \\\j 
 
 AUiston 1()7 
 
 7th line Tecumseth 
 
 Teleouaph Lines. 
 
 llnmilton ami Norlh-}\ estern Jlatlway. . .^■, i.\ ia\T:„t- ^ 70 ^ ^n 5(1 
 
 Company to have powers of telegraph companies with respect to, 39 Vict, c. 7-, s. 10 M. 
 
 Government may have exclusive use of, s .{1., ss. .5 ^^r,,; 
 
 Inspectors may have exclusive use of, 8. .)i ".""".'. 12(i 
 
 For what purposes, s. 54 _._. I2(j 
 
 Operators to obey Inspectors, s. oo 
 
 Tenants in Common. 
 
 Railwan Act, Ont. .. , ,, « <. t . ia •'"' 
 
 Company ac<iuinng land from, ettect ot, s. l« 
 
 Tendeus. 
 
 Bailwari Ai't Out. .>,.„„. 120 
 
 To be always advertised for contracts, s. ,J0, ss. 4 
 
 Term of Ofeick. 
 
 milmni Act, Ont. .... 107 
 
 Of Directors, s. 20, ss. 8. • 
 
 See Bonds and Debentuhe Stock. 
 Teuminable BoNDS-Sfe Bonds and Debentvue Stock. 
 Thounton. , . ., 
 
 Aartemcnt7viih Tnnix.m. , . , . ,,^ ^. . 188 
 
 (Company to erect and maintain|htation at 
 
 Agreement with S'Atammnin. ir\-y 
 
 Company to erect Station at 
 
 Timber Boom. 
 
 ""'co^Im build on Lake Ontario otherwhere than at Hamilton 204 
 
 Tolls. 
 
 Railway Act, Ont. .,.,., 84 
 
 " Toll," meaning of, s..i, ss. .5 -^^^ 
 
 How fixed, H. 23. . . ...■■■■ ■_• • • ■• ■ ■ ' _ , , 104 
 
 Payment of, how enforced, s, l.\ ss. ^ . . . . • j^^ 
 
 It rot paid, goods distrained may be sold, s^ -i, ss. ^ ^^^^ ■ 
 
 How ijalance to be di.-posed of,_s. 23, ss. .) • ^^^^ 
 
 How raised or reihiced, s, 23, ss. (i ......... ._ • ■ ■ . • ;. jq- 
 
 Fracti(m of a mile, \w\'J considered in charging, s. ^i. ss. < ^^^^ 
 
 Fraction of a ton, how ciuisidered in cliarging, s. -..5, ss. ^ .j^^. 
 
 Table of, to be posted up in ottices and oars, s. -'.1, fw. ». . . • j„. 
 
 When Legislature may reduce tolls on Kaihyay, s. 23, ss. 11 ^^^ 
 
 Lieutenant-tiovernor may revise By-law hxing, s. -.1 ss. lu .. . • • . ■ • • •_• • • • 
 
 By-Laws imposing tolls to be approved by Lieutenant Governor in council, s. 23, ss. 12. 1^, 
 Publication of By-laws regulating, s. 23, ss. J 
 
 TocLS 
 
 Anreement with Sorthern Rdilicay Company. o^fi 
 
 •^ IV, be at .lisposition of Northern and North- Western Railways ■.■.:::;■.■.: 233 
 
 Inventory of to be taken 
 
 Tor.ONTO. „ ., _ 
 
 Aiireement vith Xorthern Itailicay Company. n.^o 
 
 ^Meeting <.f Kxe.Mitive Committee at Toronto, twice each month ^-^^ 
 
 Tossorontio 'I'ownshu'. , , ^ ,1 1 „ .207 
 
 By-law 2tith Mav, 1877, and Agreement ll.ereiinder ^„._, 
 
 Agreement with,' un<ler By-hiw of County of huiicoe ^.^.^ 
 
 Company to erect stations on curtain side-lmes 
 
tiOQ 
 
 INDEX. 
 
 TossoRON'Tio Ti)\';sfiH}V'-C(i»finiir(L vauv. 
 
 10th and lltli lots in Jtli concession, Tosnorontio I'.tli 
 
 Near (ilencairn VXi 
 
 C()mi)any to erect and maintain stations at Tottenliain !!••< 
 
 Clavksville HCi 
 
 Alliston VJ.i 
 
 Tottenham. 
 
 Aijrcemcnt with 7'ossnrontio. 
 
 Company to erect and maintain stations at VXi 
 
 Atireemcnt with Tccinnscth. 
 
 Line to run near 11)7 
 
 THACKS. 
 
 Hamiltonand North-Wtstern Railway Conifxnii/ 
 
 Miuiicii)alities niay grant authority to lay on highway, 39 Vict. c. 72, s. 5(3 
 
 Jiailiray Act, Otit. 
 
 f 'ompany may complete railway with one or more, s. 9, ss. G •''^' 
 
 Persons prohiliited from going on with cattle, .s. 22, ss. 5 10:{ 
 
 Persons not to w.dk on, s. 22, ss. C lOiJ 
 
 Precaution wlien tracks cross, s. 91 135 
 
 C. S. V. i\ tiC. 
 
 Displacing, etc., with intent to injure, misdemeanour, s. 152 I''i8 
 
 If damage lie done to life, felony, s. 15:i 139 
 
 Sec BriHUKS, FknCES, iNTtUSECTION OF Uailways. 
 
 Traffic. 
 
 Raihi-ap Avt, (hit. 
 
 One Company may agree with another reppecting, s. 09 129 
 
 llailway Companies nnist afford each other every facility for forwarding, without 
 
 preference ot favour, s. 70 ... 130 
 
 Agreement, giving preference void, ^. 70, ss. 2 130 
 
 Penalty on companies or tlieir otticcr.s, refusing or neglecting to forward, s. 71 130 
 
 How recoveral)le and how to he applied, s. 71 131 
 
 Interpretation of tiie words "Traffic," "llailway," " llailway Company," etc., s. 72. 132 
 Sec CoKUWoou- T01.1.S. 
 
 TuAINf*. 
 
 Raihmi; Art, Out. 
 
 To start at regular hours, s. 33, s. 2 H''" 
 
 When running of, may he forhid<len hy Inspector, s. 50 • • • 125 
 
 Moving reversely, precautions on, h. 93 135 
 
 Tram Railway.^. 
 Municipal Act. 
 
 Municipalities may authorize, along highways, s. 501 154 
 
 Transfer. See Bonus and Debenti re Stock Share.s anu thier Transfer. 
 Tree.s. 
 
 Jiailwau Act, Out. 
 
 Company may remove, s. 9, ss. 14 89 
 
 Paihcaii Aid Act. 
 
 I'ine trees reserved on lands set apart for the railway land subsidy fund, s. 15 144 
 
 Trustees. 
 
 RoHwaii Act, Onf. 
 
 May convey land to company, s. 13 93 
 
 Sec Municipal Bonuses. 
 Trust.s. 
 
 Bail way Act, Out. 
 
 Comiiany not bound to see to execution of, with regard to shares, s. 29, ss. 5 113 
 
 See MuNiciPAi, Bonuses. 
 
 V. 
 
 Vacancies on Boarp. 
 Railwati Act, Out. 
 
 How filled, s. 20, ss. 3, ss. 9 100—107 
 
 Sec Pl.-CEcuTivE Committee. 
 Valuation op Land. 
 
 Sec Lands and Their Valuation. 
 A''essels. 
 
 Hamilton and Lake Eric Railway Company. . 
 
 Comjiany to have power to purchase etc., 30 Vict. c. 85, «, 14 21 
 
 Ajrecnunt with Novthcrn llailway Ciimpany. 
 
 Inventory of, to he taken 233 
 
 To be at disiiosition of Northern and North-Western Railways 233 
 
 Executive Comniittet to control 233 
 
 Vice-President. 
 
 Riilway Act, Ont. 
 
 Appointment of, s. 20, ss. 10 108 
 
 To act in absence of I'resident, s. 20, ss. 18 109 
 
 ViTinot., On. t>F. 
 
 Railway Act, (hit. 
 
 Carriage of, s. 33, ss. 12 110 
 
INDKX. 
 
 307 
 
 rA(;H 
 
 lUii 
 
 l!t:{ 
 
 VXi 
 
 I'.Ki 
 
 VS.; 
 
 1!);5 
 
 l'.»7 
 
 2, H. 56 
 
 S8 
 
 10:{ 
 
 !(« 
 
 las 
 
 i;i8 
 
 13'J 
 
 129 
 
 Girding, without 
 
 130 
 
 l.-W 
 
 (1, s. 71 130 
 
 131 
 
 Hiy," etc., 8. 72. 132 
 
 110 
 
 12") 
 
 135 
 
 154 
 
 3FEK. 
 
 89 
 
 iiul, s. 15 114 
 
 93 
 
 i9, 88. 5 113 
 
 100-107 
 
 21 
 
 233 
 233 
 233 
 
 108 
 109 
 
 no 
 
 w 
 
 Amrfmeni with N'irth,ni Raihmn Cnmirtnu. '''\''''; 
 
 Of employees of Nortliern ami North- Western Kailvays, to be woikint,' expenseH. . . . -Ah 
 
 Wai.i'oi.e. . .)(•() 
 
 15v-l;iw of, as to taxation ■ • • .*; 
 
 ("I.nii'anieH' lands in 'I'ownship to he vahied at SilO per acre for twenty-one years. . . . J.l 
 
 No other tax to lie leviid but upon that valuation -^| 
 
 No additional sum to lie addfd for Ktatute labour, etc -"j 
 
 By-law declared to contain terms of commutation -"i 
 
 Waiiden. 
 
 Ituilwuii -Ic^, Out. .11 1 ii'i 
 
 Of' Municipality taking stock to be tf o^cio a Dn'ector, h jl, «a. 4 . . .... . . . ^ . . . . ■ ■ j !•> 
 
 Not to vote for directors if company incorporated before 14th dune, 18o.i, s. .U, ^s. n ii.) 
 Wabehouskh. 
 
 Hamiltim and Lake Eric aihiyi/l Compaiiii. 
 
 I'ompany to have p ver to elect, 3(1 Vict. c. 80, ». II -^ 
 
 Aiireemeni with i\ortlifrii Ritihnvi Goiiipan/i. 
 
 ' To be at disiiosition of Northern and Morth-Western Railways -;»■* 
 
 K.xecutive Coinmitte to control ^ • •.■ ■ • • : ,• : • • "•* 
 
 Maintenance of, cost <if, of Northern and North-Western Railways to be working ^_^_ 
 
 KenL''for!'"of 'N<lrtliern ani'. North- Western Railways to be working exjienses 235 
 
 WaUUANT of l'ilS.SESSi.)N. ,Q,j 
 
 When to be given before award, s. 20, ss. 23 
 
 WaTEKCOI'RSES. 
 
 HamHton and Lake Erie Radiraji Coinpaivi. . 
 
 C 'Onipanv to have power to use. 3(1 Vict. c. 12 
 
 'Hce Bkidges, Rivehs, Stkeams. 
 Weeds. 
 
 Raihvaii Acl, (hit. , , . , c n.> 130 
 
 Lands adjacent to hue to bo kept clear of, s. 99 
 
 ^^'''■'■'''^' Agr^eemenVbetween Great Western Railway and Hamilton and North-Western Rail- 
 
 way Companies, as to crossing near ■ ■ ■ • • • • • • ■ • ■ ■ • • • • 
 
 Recital that Hamilton and North- Western will cross Toronto Branch, trreat Western 
 
 Railway, east of Wellington S(iuare ■•••■. ; ' Ti." " ^ ' ' 
 
 Recital that (Jzowski, Kirkpatrick and Reynolds, appointed arbitrators to determine ^^ 
 
 compensation 228 
 
 Arbitrators have settled same ; „v ' ■,' Wr 1 i- "•?« 
 
 Great Wester. Railway grants right to Hamilton and North- Western to cross line. . . ^^/e 
 
 Consideration, 81,043 _ ;••■■, 9911 
 
 Great Western Railway to construct crossings of steel f^^;' 
 
 To erect two crossing, and four distant semai.hores --■ 
 
 Location of crossing ami distant semaphores *^ 
 
 To construct notice board;; and watchman's house \'-V\ 090 
 
 (ireat Western Railway to keep said w.irks in repair, to supply oil, etc ^fJ 
 
 Great Western Railway to control said works . . --• 
 
 Hamilton and North-Western not to use works until fully completed -•*" 
 
 (ireat Western Railway signals to be used ; • ■ ' : • : om 
 
 Hamilton and Noith-Western to pay every mouth cost of maintenance. . . ■ ^J" 
 
 Hamilt ■ n and North-Western to con.struct notice boards, fences and cattle-guards on ^^^ 
 
 tliei line 11-oar cros!<ing • ^,' ' ' V ;,>" 1 ' ' ' tj' -i o\n 
 
 To construct r.nd maintain culverts on tracks near Great Western Railway ^;W 
 
 Great Western Railway to work semaphores, etc . . . _ ■••■■•• • • ■ • • • • :,■ ^^ ' 
 
 Great Western Railway in lieu of iiayment by Hamilton and North-Western Kail- 
 
 way fi 'r working, may re(|uire latter to work ^^ 
 
 Great-Western JJailway trains to have first right of way ^''j- 
 
 Passenger trains to take precedence ; ^.,.. 
 
 Mixed to be before freight and construction trains "• 
 
 Wentwouth. 
 
 Hamilton and Novth-Westcrn Railway Compaiiii. „ 
 
 Line to be constructed through County of, 35 Vict. c. ,55, s. 3 ^" 
 
 Whakveh. 
 
 Hamiltim and Lake Eric Raihcaii Cmnpanii. , 
 
 Comiiany to liave power to erect, etc. , 36 Vict. c. 80, s. 12 
 
 Hamilton and Xorth-Wriffcrn Railnaii Compani/. _ 
 
 Company may erect at Collingwood, 37 Vict. c. 44, s. 4 
 
 Railwa/i Act, Ont. gg 
 
 C<impany may erect, s. 9, ss. 7 
 
 Bii-lair of Hamilton. .. ..n^ 
 
 ' Company not to build on Lake Ontario otherwhere than at Hamilton ^"» 
 
 Aareement with NortliA^rn Railway Gomimnii. „, 
 
 Rents for, of Northern and North-Western Railways to oe working expenses 2.i5 
 
 Whistle. See Steam Whistle. 
 
"itsk^ 
 
 308 
 
 INDKX. 
 
 II m '.Jit f! 
 
 11 '-^"1 
 
 WiNf! Rails. 
 
 Riiihmifi Accidents Art, 1881, ' ' paok 
 
 Space between to be filled with packing, s. 6, «h. 2 10(1 
 
 Wool). 
 
 Kates for carryint,', 35 Vict. c. .5.5, .s. .'U yy 
 
 See OoKUWoon. 
 Woon Cau. 
 
 RaUwny Act, Ont. 
 
 PasHenf,'Hr8 injured on, to have no claim for damages, s. .'U, us. 11 Us 
 
 WoBKI.N'G AkUANOKMKNTS. 
 
 Hamilton and Lake Erie Raihmy nmpaiit/. 
 
 ( "omp.any may make with another Railway, 34 Vict. c. 36, s. 20 11 
 
 Working Expenses. 
 Jiailwni/ Act, Ont. 
 
 When interest and rent to be inchided in 137 
 
 Ai/reeiiu'iit icith Northern Railwini Gonipanti, 
 
 Of Northern and North-Western Railways 23.5 
 
 To be paid out of gross- earnings , , . . 235 
 
 What to Ije ' . . . . 2.30 
 
 Maintenance of roadways, sidings, building f, rolling stock, machmer; !>tc.. .... 235 
 
 Rents, etc., for railways buildings, wharves, etc .... 235 
 
 Including rent for North Siuicoe Railway 2.35 
 
 Not to exceed .^18,000 \\\\ ,.......! 235 
 
 Not Hamilton Elevator, until same subject to provisions of other property of Ha- 
 milton and North-Western 235 
 
 Expenses of working railway stores, etc 235 
 
 Rates insurance, damages, etc 230 
 
 Salaries, compensation, etc 230 
 
 Expenses, Executive ( 'ommittee and Auditors 230 
 
 Joint London Committee 230 
 
 Legal Parliamentary expenses, etc 230 
 
 Secretarial and establishment expenses of Northern and North-Western Railways 236 
 
 Working Railways. 
 
 Agreement with Northern Railwity Company. 
 
 Cost of, Northern and North-Western to be working expenses 235 
 
 Workshops. 
 
 Hamilton and Lake Erie Railway Comynny. 
 
 Company to have power to erect, 30 Vict. c. 85, s. 112 21 
 
 Works. 
 
 Agreement 7oith Northern Raihray Company. 
 
 To be at disposition of iS orthern and North-Western Rail ys 234 
 
 Executive ( 'ommittee to control 234 
 
 Maintainance of cost of Northern and North-Western Railways to be working ex- 
 penses ' 235 
 
 Zimmerman Mills. 
 
 Agreement with Nelson. 
 
 Company to erect station r\t . 
 
 202 
 
PAOK 
 
 lui; 
 
 S'J 
 
 lis 
 
 11 
 
 137 
 
 235 
 
 235 
 
 . ... 230 
 
 ir (>tc. 235 
 
 . 235 
 
 235 
 
 235 
 
 »r property of Ha- 
 
 235 
 
 235 
 
 230 
 
 230 
 
 230 
 
 230 
 
 230 
 
 tern Railways 236 
 
 235 
 
 21 
 
 234 
 
 234 
 
 to be working ex- 
 235 
 
 202