aSo Grand Trunk Memoranda GRAND TRUNK MEMORANDA ETC, Toronto, Montreal, 1832-59. CifeTnstni. • 4to marbled boards • hinder* s title. Contents: ^ An act to consolidate and regulate the general clauses relating to railways. 30th August, 1851. Toronto, Brcum* s Printing Establishment, 1852,51, \53V76, 6 p. An act to ^ incorporate the Toronto dr Guelph railway company, soth August, 1851, and amendment thereto,'*'* p, ^^An act to Authorize the corporation of the city of Toronto to subscribe for ]stock in the Toronto and Guelph railway company, to the amount ^^one hundred thousand pounds,'*'* p, l53]-55 By-laws of the town and toionship of Gzielph and the tozvnship of Chinguacousy,'*'* P* [soVy^ ^^Agriailtural census of 1851 [of townships to be benefited by the railway],'*'* p, [i CAN. ACH. I 2341; CF. TPL 3242. ^ Agreement for amalgamation between the Grand Trunk Railu'ay Company of Canada East, the Quebec &: Richmond Railroad Company, the St. Lawrence Sc Atlantic Railroad Company, the Grand Junction Railway Company, the Toronto Sc Guelph Railway Company, and the Grand Trunk Railway Company of Canada, entered into in I^ndon, the 12 th April, 1 85 3- Montreal, pnnied by J, Sta rke & Co,, 1 856, 4g p. 6 Agreement between the City of Toronto and the Grand Trunk Rall*v\*ay Company of Canada for the construction of the com- pany’s tract along the front of the city. Toronto, MccLtar dr Co,, 1856, 15 p, % Toronto: the grounds upon which are based her claims to be the seat of government of Canada; wnth a memorandum addressed by Sir Francis Bond Head, bart., to the Secretary of State for the Colonies, on the subject. Toronto, Thompson ^7 Co,, printers, 1858, 34 p, • map, TIP 3861. ^ Public Schools, City of Toronto, Report of the past history and present conditon [sir], of the common or public schools of the City of Toronto, Toronto, Lovell dr Gibson, x85g, 131 p, • ill. S Report of the Toronto Board of Trade, received and adopted at the annual meeting, February 27, 1856; and repo rt on the Toronto dr Georgian Bay Canal by M, P, Hayes, esq,, secretary of the com* mittee, Toronto, Thompson dr Co,, piinters, 1S56, 48 p, • fold, map. AN ACT TO NSOLIDATE AND REGULAT GENERAL CLAUSES RELATING TO A I L W A T S O 30th August, 1851. TORONTO ; BROWN-S PRINTIKO ESTABLISHMENT, KINO STREET EAST. 1852 . ACT A N TO CONSOLIDATE AND REGULATE TUE GENERAL CLAUSES RKLATINQ TO RAILWAYS. 30th August, 1851. Whereas it is expedient to establish a general and uni* Preamble, form system for the construction and management of all Railways hereafter to be undertaken in Canada: Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and in- tituled an, An Aet to re^iinite. the Provinces of JJpp^ and Lower Canada^ and for the government of Canada^ and it is hereby enacted by the authority of the same, I’hat this Act This Act to shall apply to every Railway which shall by any Act which shall hereafter be passed be authorized to be con- htTerrfe'r coii-° structed, and this Act shall be incorporated with such Act; si»‘ucied. and all the clauses and provisions of this Act, save in so far as they shall be expressly varied or excepted by any such Act, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such undertaking, and shall, as well as the clauses and provisions of every other Act which shall be incorporated with such Act, form part of such Act, and be construed together therewith as forming one Act. II. 4 Namebj’vvhich it shall be cited. Whal shall be sufficicDi ill making: ati in- corporation of this Act with Special Acts. Power to con- struct Railway, &c.. to bo ex- ercised subject to provisions of this Act Deposit ofStock Book ill Provin- cial Secretary’s Office by com- pa iies desirous of obtaining: Special Acts. IT And be it enacted, That in citing this Act, in any Special Railway Act, and in other Acts of Parliament, and in legal instruments, it shall be sufficient to use the expres- sion, *• TJlc Raihoay Clauses Consolidation Act?^ III. And be it enacted. That for the purpose of making any incorporation of this Act with Special Acts hereafter to be passed, it shall be sufficieut in any such Acts to enact, that the Clauses of this Act, with respect to the mat- ter so proposed to be incorporated, describing such matter as it is described in this Act, in the word or words at the head of and introductory to the enactment with respect to such matter, shall be incorporated with such Acts, and thereupon all the Clauses and provisions of this Act, with respect to the matter so incorporated shall, save in so far as they shall be expressly varied or excepted by such Acts, form part thereof, and such Acts shall be construed as if the substance of such Clauses and provisions were set forth therein with reference to the matter to which such Acts shall relate. IV. And be it enacted, That the power given by the Special Act to construct the Railway, and to take lands for that purpose, shall be exercised subject to the provisions and restrictions contained in this Act, and compensation shall be made to the owners and occupiers of and all other parties interested in any such lands so taken or injuriously affected by the construction of the Railway, for the value and for all damages sustained by reason of such exercise, as regards such lands, of the powers by this or the Special Act. or any Act incorporated therewith, vested in the Com- pany ; and, except where otherwise provided by this Act or the Special Act, the amount of such compensation shall be ascertained and determined in the manner provided by this Act. V. And be it enacted, That any Company desirous to obtain a Special Act for the construction of a Railway, shall deposit with the Secretary of the Province, previous to the application to the Legislature, a copy of their Stock- Book, showing the number of their subscribers, and the actual bona fide amount of the subscriptions, and that at least one quarter of the intended Capital has been actually subscribed subscribed, the truth whereof shall be supported by the aflidavit or solemn affirmation, as the case may be, of two of the Directors or Shareholders of the Company, and the Company shall also at the same time deposit with the said Secretary a Certificate of the Cashier of some Chartered Bank in this Province, of the deposit therein of a sum equal to ten per cent, upon the amount of subscriptions, with authority to the said Secretary to control the with, drawal of the said deposit lor such time as the Secretary may think proper, not longer than six months after the Railway shall have been actually commenced and pro- ceeded with. VI. And be it enacted, That no Bill for a Special Act for the allowance or establishment of a Railway shall be received by the Legislature unless and until there shall be deposited with the Clerks of both Branches, a Certificate from the Secretary of the Province, that the Company ap- plying has complied in all respects with the requirements of the next preceding Clause. INTERPRETATION. VII. And with respect to the construction of this Act, and of any Special Act, and of other Acts to be incorpor- ated therewith, Be it enacted as follows : Firstly. The expression “ the Special Act,” used in this Act, shall be construed to mean any Actwffiich shall be hereafter passed, authorizing the construction of a Railway, and with which this Act shall be so incorporated as afore- said ; and the word “ prescribed,” used in this Act in reference to any matter herein stated, shall be construed to refer to such matter as the same shall be prescribed or provided for in the Special Act ; and the sentence in which such word shall occur shall be construed as if. instead of the word “ prescribed,” the expression ‘‘ prescribed for that purpose in the Special Act” had been used ; and the ex- pression “ the lands” shall mean the lands which shall by the Special Act be authorized to be taken or used for the purpose thereof ; and the expression “the undertaking” shall mean the Railway and w’orks, of whatever descrip- tion, by the Special Act authorized to be executed. Secondly. No Bill to be received by Legislature unless a certifi- caie of deposit of Stock- Book, &c., be pro- duced to the rctspeclive Clerks. Interpretation of words. “ The Special Act.** “ Prescribed.** “ The lands.** “ The under- taking.** 6 ** Lands.** ** Lease.** “ Toll.** “ Goods.** •* Superior Courts.** •• County.** •* Highways.** ** Sheriff.** Clerk of the Peace.** •• Justice.** Secondly, The following words and expressions, both in this and the Special Act, shall have the meanings hereby assigned to them, unless there be something in tlie subject or context repugnant to such construction, that is to say : The word ‘Lands” shall include all real estate, mes- suages, lands, tenements and hereditaments of any tenure • The word Lease shall include any agreement for a lease : The word “ Toll ” shall include any rate or charge or other payment payable under this Act or the Special Act far any passenger, animal, carriage, goods, merchandize, articles matters or things conveyed on the Railway : The word “ Goods ” shall include things of every kind conveyed upon the Railway, or upon Steam or other vessels connected therewith : The expression Superior Courts’* shall mean the Courts of Chancery, Queen’s Bench and Common Pleas in Upper Canada, and the Superior Court in Lower Canada, as the case may be : The word “ County ” shall include any union of Counties, County Riding, or like division of a County in the Province or any division thereof into separate Municipalities in Lower Canada: The word “ Highways” shall mean all public roads, streets, lanes, and other public ways and communications : The word “ Sheriff” shall include Under ^heriff. or other legal competent Deputy ; and where any maUer in relation to any lands is required to be done by any Sheriff or Clerk of the Peace, the expression “ the Sheriff,” or the expres- sion “ Clerk of the Peace,” shall in such case be construed to mean the Sheriff or Clerk of the Peace of the District, County, Riding, Division, or place where such lands shall be situate ; and if the lands in question, being the property of one and the same pa rty, be situate not wholly in one District, County, Riding, Division, or place, the same expression shall be construed to mean the Sheriff or Clerk of the Peace of any such District, County, Riding, Division, or place where any part of such lands shall be situate : The word ‘-Justice” shall mean Justice of the Peace acting for the District, County, Ri^ng, Division, City or place 7 place where the matter requiring the cognizance of any such Justice, shall arise, and who shall njt be interested in the matter ; and where such matter shall arise in respect of lands being the property of one and the same party, situate not wholly in any one District, County, Riding, Division, City or place, shall mean a Justice acting for the District, County, Riding, Division, City, or place where any part of such lands shall be situate, and who shall not be interested in such matter ; and where any matter shall be authorized or required to be done by two Justices, the expression ‘Hwo Justices” shall be understood to mean two J ustices assembled and acting together : Where under the provisions of this Act or the Special Act, any notice shall be required to be given to the owner of any lands, or where any act shall be authorized or required to be done with the consent of any such owner, the word “ owner ” shall be understood to mean any Corpora- tion or person who, under the provisions of this Act, or the Special Act, or any Act incorporated therewith, would be enabled to sell and convey lands to the Company : The expression “the Company” shall mean the com- pany or party which shall be authorized by the Special Act to construct the Railway. The expression “ the Railway ” shall mean the Railway and works by the Special Act authorized to be constructed : The word “clause'* shall mean any separate section of this Act, or any other Act therein referred to, distinguished by a separate number : The word, “ Shareholder ” shall mean every subscriber to or holder of stock in the undertaking, and shall extend to and include the personal representatives of the Share- holder. Thirdly. The Interpretation Act of this Province shall, in so far as the provisions thereof shall afiply hereto, be deemed to form part hereof in the particulars not provided herein. “Two Justices" “ Owner." “The Com- pany." ^ “The Rail- way." “ The Clause." “ Shareholder" Interpretation Act to apply. INCORPORATION. VIII. And be it enacted, That every Company estab- lished under any Special Act shall be and is hereby special Aet». declared I 8 I declared to be declared to be a body corporate under such name as shall declared in the Special Act, and shall be and is hereby invested with all the powers, privileges and immunities which are or may be necessary to carry into effect the intentions and objects of this Act and of the Special Act therefor, and which are incident to such Corporation, as are expressed or included in the Interpretation Act of this Province. Powers : To receive prrants of land, «fec. ; Purchase land; Occupy beaches ; Carry Railway across lands of Corporation, &< 5 .; And across or along streams. POWERS. JX. And be it enacted, That the Company shall have power and authority : Firstly. To receive, hold and take all voluntary grants and donations of land or other property which shall be made to it, to aid in the construction, maintenance and accommodation of the Railway, but which shall be held and used for the purpose of such grants or donations only. Secondly. To purchase, hold and take of any Corporation or person any land or otlier property necessary for the con- struction, maintenance, accommodation and use of the Railway, and also to alienate, sell or dispose of the same. Thirdly. To take, use, occupy and hold, but not to alienate except by way of lease, so much of the public beach or of the land covered with the waters of any river or lake in this Province as may be required for the Rail- way, doing no damage to, nor causing any obstruction in the navigation of the said rivers or lakes, provided that the lease shall be conditioned not to extend beyond the time during which Such beach or land is required for the Railway. Fourthly. To make, carry or place the Railway across or upon the lands of any Corporation or person whomsoever on the line of the Raiivv'ay, or within the distance from such line as may be stated in the Special Act, although the name of such party be not entered in the Book "of Reference hereinafter mentioned, through error or any other cause, or although some other party be erroneously men- tioned as the owner of or entitled to convey, or be interested, in such lands. Fifthly. To construct, maintain ^nd work the Railway across 9 U across, alonff, or upon any stream of water, -water-course, And across or canal, highway or Railway, which it shall intersect or ® touc I ; 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 have impaired its usefulness. Sixthly- To make, complete, alter and keep in repair Complete Rail- ^ • 5 ' ’ r 1 r * 1 ♦ wav wall one the Railway with one or more sets of rails or tracks to be or more tracks, worked by the force and power of steam, or of the &c. ; atmosphere, or of animals, or by mechanical power, or by any combination of them. * SecerUMv. To erect and maintain all necessary and con- pect necessary venient buildings, stations, depots, wharves and lix ares, ^i^aryes, &c. j from time to time to alter, repair 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, freights and business of the Railway. EifflUhlv, To make branch Railways, if required and Branch Rail- provided by the Special Act, and to manage the same, and for that purpose to exercise and possess all the powers, privilges and authorities necessary therefor, in as full and ample a manner as for the Railway. Ninthly. To construct, erect and make all other matters All other mat- • ^ . ■ j ’ * ters and thiiiga and things which shall be necessary and convenient for the necrssary for making, extending and using of the Railway, in pur- Railway; suance of and according to the meaning and intent of this Act, and of the Special Act. Tenthly. To take, transport, carry and convey persons and goods on the Railway, to regulate the time and manner * in which the same shall be transported, and the tolls and compensation to be paid therefor, and to receive such tolls and compensation. Eleventhly To borrow from time to time, either in this Borrow money, Province or elsewhere, such sums of money as may be *=•! expedient for completing, maintaining and working the Railway, and at a rate of interest 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 n within Enter upon Her Majesty’s Lauds, &c. ; Make surveys of lauds ; Remove trees ; Unite with other Railways. Within this Province or without as may be deemed advisable, and to sell the same at such prices or discount as may be be deemed expedient, or as shall be necessary^ and to hypothecate, mortgagee or pledge the lands,'tolls, revenues and other property of the Company for the due payment of th^ said sums and the interest thereon, but no such debenture shall be for a less sum than Twenty-five Pounds. Twelfthly. To enter into and upon any lands of Pier Majesty without previous license therefor, or of any Corpo- ration or person whatsoever lying in the intended route or line of the Railway, Thirteenthly. To make surveys, examinations, or other necessary arrangements on such lands necessary for fixing the site of the Railway, and to set out and ascertain such pai ts ot the lands as shall be necessary and proper for the Railway. Fourtcenth^y, To fell or remove any trees standing in any - woods, lands or forests, where the Railway shall pass, to the distance of six rods from either side thereof Fifteenthly To cross, intersect, join and unite the Rail- way with any other Railway at any point on its route, and upon the lands of such other Railway, with the necessary conveniences for the purposes of such connection ; and the owners of both Railways may unite in forming such inter- section, and grant the facilities therefor ; and in case of disagreement upon the amount of compensation 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 the ^^uperior Courts in Lower Canada or Upper Canada, as the case may be. PLANS AND SURVEYS. X. And be it enacted, That Plans and Surveys shall be made and corrected as follows : JectinSurv.;-. ^ ®hall be taken and made of and levels. the lands through which the Railway is to pass, together with a Map or Plan thereof, and of its course and direction, and of the lands intended to be passed over and taken therefor, so far as then ascertained, and also a Book of e erence for tlie Railway, in which shall be set forth a , general 11 general description of the said lands, the names of the owners and occupiers thereof, so far as they can be ascer- tained, and every thing necessary for the right understand- ing of such Map or Plan ; and the Map or Plan and Book of Reference shall be examined and certified by the person performing the duties formerly assigned to the Surveyor General or his Deputies, who shall deposit copies thereof in the office of the Clerks of the Peace in the Districts or Counties through which the Railway shall pass, and also in the Office of the Secretary of the Province, and shall also deliver one copy thereof to the said Company , and all persons shall have liberty to resort to such copies, and to make extracts or copies thereof, as occasion shall require, paying to the said Secretary of the Province, or to the said Clerks of the Peace, at the rate of Six Pence for every hundred words ; and the said triplicates of the said Maip or Plan and Book of Reference so certified, or a true copy thereof certified by the Secretary of the Province or by the Clerks of the Peace, shall be, and is and are hereby declared to be good evidenee in any Court of Law and elsewhere. Secondly. Any omission, misstatement or erroneous descriptions of such lands, or of such owners or occupiers thereof, in any Map or Plan or Book of Reference, may be corrected by two Justices on application made to them, after giving ten days^ notice to the owners of such lands, for the correction thereof, and the Justices shall certify the same emcordingly if it shall appear to them that such omission, misstatement or erroneous description arose from mistake ; and the Certificate shall state the particulars of any such omission, and the manner thereof, and shall be deposited with the said Clerks of the Peace of .the Districts or Counties respectively in which such lands shall be situate, and be kept by them respectively 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 according to such Certificate ; and it shall be lawful for the Company to make the Railway in accordance with such Certificate. Thirdly. Jf any alterations from the original Plan or Survey Omissions how remodied. Allerations from original survey. Railway not to be proceeded with until map, &c., deposited. Clerks of the Peace to re- ceive copies of original plan, &c. Copies certified to Clerk to be good evidence ill Courts. Line not to de- viate more than a mile. Error in the name of a per- son entered in a Book of Reference. Survey be intended to be made in the line or course of the Railway, a Plan and Section in triplicate of such alterations as shall have been approved of by Parliament, on the same scale and containing 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 Plan and Section as shall relate to the several Districts or Counties, in or through which such alterations shall have been authorized to be made, shall be deposited with the Clerks of such several Districts and Counties. Fourthly. Until such original Map or Plan and Book of Re^rence, or the Plans and Sections of the alterations, shall have been deposited as aforesaid, the execution of the Railway, or of the part thereof affected by the alterations, as the case may be, shall not be proceeded with. Fifthly. The Clerks of the Peace shall receive and retain the copies of the original Plans and Surveys, and copies of the Plans and Sections of alterations, and copies and extracts thereof respectively, and shall permit all persons interested to inspect any of the documents aforesaid, and to make copies and extracts of and from the same, under a penalty for default of One Pound Currency. Sixthly. The copies of the Maps, Plans and Books of Reference, or of any alteration or correction thereof or extracts therefrom, certified by any such Clerk of the Peace, which Certificate such Clerk of the Peace shall give to all parties interested when required, shall be received in all Courts of Justice or elsewhere as good evidence of the contents thereof. Seve/ilhly, No deviation of more than one mile from the line of the Railway or from the places assigned thereto, in the said Map or Plan and Book of Reference or Plans or Sections shall be made, nor 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, or within one mile of the said line and place, save in such instances as are provided for in the Special Act. Eighthly. Provided that the Railway may be carried across or upon the lands of any person on the line, or within the distance from such line as aforesaid, although the 13 the name of such person be not entered in the Book of Reference through error or any other cause, or although some other person be erroneously mentioned as the owner of or entitled to convey, or be interested in such lands. Ninthly. T he lands whic h may be taken without the Erieut of land* consent of the proprietor thereof, shall not exceed thirty ‘®. *’* prds in breadth, except in such places where, the Railway of proprietor*"* shall be raised more than five feet higher, or cut more than five feet deeper than the surface of the line, or where offsets shall be established, or where stations, depots or fixtures are intended to be erected, or goods be delivered, and then not more than two hundred yards in length by one hundred and fifty yards in breadth, without the consent of the person authorized to convey such lands; and the places at which such extra breadth is to be taken shall be shewn on the Map or Plan, or Plans or Sections, so far as the same may be then ascertained, but their not being so shewn shall not prevent such extra breadth from being taken, provided it be taken upon the line shewn or within the distance aforesaid from such line. Tenthly. The extent of the public beach, or of the land Extent of public covered with the waters of any river or lake in this Province taken for the Railway, shall not exceed the quantity limited in the next preceding clause. LANDS, AND THEIR VALUATION. XL And be it enacted. That the conveyance of lands their valuation and the compensation therefor,, shall be made in manner following : Firstly. All Corporations and persons whatever, tenants Corporation, in tail or for life, grevis de substitution, guardians, curators, executors, administrators, and all other trustees whatsoever,' not only for and on behalf of themselves, their heirs and success.irs, but also for and on behalf of those whom they represent, whether infants, issue unborn, lunatics, idiots, fem s^covert, or other persons, who are or shall be seized, possessed of or interested. in any lands, may contract for sell and convey unto the Company all or any part thereof^ and any contract, agreement, sale, conveyance and assu- ranee so to be made, shall be valid and effectual in law to all Effect of con- tracts made before deposit of map. Corporations who cannot fsell, may agree upon a fixed rent. all intents and purposes whatsoever; any law, statute, usage or custom to the contrary thereof in anywise not- withstanding, and such Corporation or person, so conveying as aforesaid, is hereby indemnified for what he or it shall respectively do by virtue of or in pursuance of this Act. Secondly. Provided, that any contract or agreement made by any party authorized by this xVct to convey lands, and made before the deposit of the Map or Plan and Book of Reference, and before the setting out and ascertaining of the lands required* for the Railway, shall be binding at the price agreed upon for the same lands, if they shall be afterwards so set out and ascertained within one year from the date of the contract or agreement, and although such land may, in the mean time, have become the property of a third party ; and possession of the land may be taken and the agreement and price may be dealt with, as if such price had been fixed by an award of Arbitrators as herein- after provided, and the agreement shall be in the place of an award. Thirdhj. All Corporations or persons who cannot in common course of law sell or alienate any lands so set out and ascertained, shall agree upon a fixed annual rent as an equivalent, and not upon a principal sum, to be paid for the lands : and if the amount of the rent shall not be fixed by voluntary agreement or compromise, it shall be fixed in the manner herein prescribed, and all proceedings shall in that case be regulated as herein prescribed ; and for the payment of the said annual rent, and every other annual rent agreed upon or ascertained, aad to be paid for the purchase of any lands, or for any part of the purchase money of any lands, which the vendor shall agree to leave unpaid, the Railway and the tolls thereon shall be and are hereby made liable and chargeable in -preference to all other claims and demands thereon whatsoever, the Deed creating such charge and liability being duly registered in the Registry Office of the proper County. As to proprie- Fourthly. Whenever there shall be more than one party ioxBparmdivis. proprietor of any land as joint tenant or tenants in common, or par mdivis, any contract or agreement made in good faith with any party or parties proprietor or being together proprietors 15 proprie ors of one third or more of such land, as to the amount of compensation for the same or for any damao-es thereto, shall be binding as between the remaining propric- or or proprietors as joint tenants or tenants in common and par truitois ; and the proprietor or proprietors who have so agreed, may deliver possession of such land, or empower the entry upon the same, as the case may be. Bi , - of the Map or Plan and Book of Reference as aforesaid, and from notice thereof m at least one newspaper, if there be any, published in each of the Districts and Counties through which the Railway is intended to pass, application may be made to the owners of lands or to parties empowered to convey lands, or interested in lands which may suffer damage from the takinnr of materials or the exercise of any of the powers granted for the Railway, and thereupon, agreements and contracts may be made with the said parties touching the ^id lands or the compensation to be paid for the saure, or for the damages, or as to the mode in which the said com- jwnsation shall be ascertained, as shall seem expedient to both parties, and in case of disagreement between them, or any of them, then all questions which shall arise betwLn them, shall be settled as -follows, that is to say : Sixthly. The deposit of a Map or Plan and Book of Reference, and the notice of such deposit, given as afore- said, shall be deemed a general notice to all such parties as aforesaid of the lands which will be required for the said Railway and works. Seventhly. The notice served upon the party shall contain a description of the lands to be taken, or of the powers intended to be exercised with regard to any lands, describ- ing them ; 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 the name of a person to be appointed as the Arbitrator 6f the Company, if their offer not accepted : and such notice shall be accompanied by the Certificate of a Sworn Surveyor for Upper Canada or Lower Canada, as the case may be, disinterested in the matter, and not being the Arbitrator named in the notice that the land, if the notice relate to the taking of land’ is shewn After one monih^s notice of depofiit of niap, &c., ap- plication to the owner of lands. Deposit to general notice Notice to oppo- site party. If the party be absent or un- known. Parly not ac- ceptfng tho Company’s offer, and not appointing an arbitrator. Third arbitra- tor. Duties of arbi- trators. is shewn on the s.M Map o- Plan, nnJ is .eqo.-ed for th. Lun"” or is within the limits of dertalton hereby SL-ed ■ that he knows th. land, or th. amount of dnur^* ulely to arise from th. exercise of the powers -, and tot thesumsoolTered is, in his opinion, a fart compensat, on for the land, and for the damages as aforesaid. EighiUy If the opposite party be absent from tho District or County in which the lands li^ or be unknown then, upon application to a Judge of the D'stnct, County or Circuit Court, as the case may be, accompanied by such Certificate as aforesaid, and by an affidavit of sorne office of the Company that the opposite party is so absent or that after diligent enquiry, the party on whom the n^ce ought to be served cannot be ascertained, the Judge shall “der . nntic. ns nforesnid. hn. wi.h.n. n Cert.lic.r., to be inserted three times in the course of one calendar month some newspaper published in the said District or County. NinMy. If within ten days alter the service of such notice, or within one month alter the first publication thereof as aforesaid, the opposite party shall not notify to the Company his acceptance of the sum offered by them, or notify to them the name of a person whom he appoints as Arbitrator, then the Judge shall, on the application o the Company, appoint a sworn Surveyor for Canada, as the case may be, to be sole Arb.irator for determining the compensation to be paid as TeiMy. If the opposite party shall, within the ti ne aforesaid, notify to the Company the name of his Arbitrato , then the two Arbitrators shall jointly appoint a tlnrd, or 't they cannot agree upon a third, then the Judge shall, the^application of the party or of the Company, (P^ovio s notice of at least one clear day having been given to h other nartvl appoint a third Arbitrator. EkveniUy. The Arbitrators, or any two of them, or t e sole Arbitrator, being sworn ' before Peace for the District or County in which the lands lie as aforesaid, faithfully and impartially to perlorm the duties of their office, shall proceed to ascertain the tion in such way as they or he, or a majority of them, shaU deem best, and the award of such Arbitrators, or any two Arbitrators may examine on oath. 17 , . of them, or of the sole Arbitrator, shall be final and con- clusive : Provided that no such award shall be made or any Pjoviao. official act be done by such majority, except at a meeting held at a time and place of which the other Arbitrator shall have at least one clear day’s notice, or to which some meeting at which the third Arbitrator was present, shall have been adjourned ; and no notice to either of the parties ' shall be necessary, but they shall be held sufficiently notified through the Arbitrator they shall have appointed, or whose appointment they shall have required. TwelfMy, Provided, that if in any case where three Costs how paid. Arbitrators shall have been appointed, the sum awarded be not greater than that offered, the costs of the Arbitration shall be borne by the opposite party, and deducted from the compensation, but if otherwise, they shall be borne by tlie Company, and in either case they may, if not agreed upon, be taxed by the Judge aforesaid. Thirteenthly, The Arbitrators, or a majority of them, or the sole Arbitrator, may examine on oath or solemn affir- mation the parties, or such witnesses as shall voluntarily appear before him or them, and may administer such oath or affirmation ; and any wilfully false statement made by any witness, under such oath or affirmation, shall be deemed wilful and corrupt perjury, and punishable accordingly. Fourteenthly,. The Judge by whom any third Arbitrator or sole Arbitrator shall be appointed, shall, at the same time, fix a day on or before which the award shall be made, and if the same be not made on or before such day, or some other day to which the time for making it shall have been prolonged, either by the consent of the parties or by the order of the Judge (as it may be for reasonable cause shewn, on the application of such sole Arbitrator or of one of the Arbitrators after one clear day’s notice to the others), ihen, the sum oflfered by the Company as aforesaid, shall be the compensation to be paid by them. FifteerUhly, If the Arbitrator appointed by such Judge, Arbitrator or if any Arbitrator appointed by the parties, shall die before the award be made, or be disqualified, or refuse or fail to act within a reasonable time, then, upon the applica- tion of either party, such Judge being satisfied by affidavit c or Time within which award must must be made. Company may desist paying costs. Arbitrators not disqualified for certain circum- stances. Awards not avoided for v^rant of form. or otherwise of such disqualification, refusal or failure, ma)q in his discretion, appoint another Arbitrator in the place (^hiin by the Judge previously appointed, and the Com- pany and party may each appoint an arbitrator in place of their Arbitrator deceased or otherwise not acting as afore- said, but no recommencement or repetition of prior pro- ceedings shall be required in any case. SixteeiUhly. Any such notice for lands, as aforesaid, may be desisted from, and new notice given, with regard to the same or other lands, to the same or any other party, but in any such case, the liability to the party first notified for all damages or costs by him incurred in consequence of such first notice and desistment, shall subsist. Semniteenthly. The Surveyor or other person offered or appointed as Valuator or as Arbitrator, shall not be dis- qualified by reason that he is professionally employed by either party, or that he has previously expressed an opinion as to the amount of compensation, or that he is related or of kin to any member of the Company, provided he is not himself personally interested in the amount oi the compensa- tion , and no cause of disqualification shall be urged against any Arbitrator appointed by the Judge after his appointpaent, but shall be made before the same, and its validity or inva- lidity shall be summarily determined by the Judge ; and no cause of disqualification shall be urged against any Arbi- trator appointed by the Company or by the opposite party after the appointment of a third Arbitrator ; and the validity or invalidity of any cause of disqualification urged against any such Arbitrator, before the appointment of a third Arbitrator, shall be summarily determined by any such Judge, on the application of either party, after one clear day’s notice to the other, and if such cause be determined to be valid, tlie appointment shall be null, and the party offering the person so adjudged to be disqualified, shall be held to have appointed no Arbitrator. Eighteenthly. No award made as aforesaid shall be invalidated from any want of form or other technical objection, if the requirements of this Act shall have been complied with, and if the award shall state clearly the sum awarded, and the lands or other property, right or thing for which such sum is to bo the compensation ; nor shall ‘ it 19 u it be necessary that the party, or parties to whom the sum is to be paid, be named in the award. Nineteenthly. Upon payment or legal tender of the compensation or annual rent so awarded or agreed upon as aforesaid to the party entitled to receive the same, or upon the deposit of the amount of such compensation in the manner hereinafter mentioned, the award or agreement shall vest in the said Company the power forthwith to take possession of the lands^or to exercise the right, or to do the thing for which such compensation or annual rent shall have been awarded or agreed upon i and if any resistance or forcible opposition shall be made by any person, to their so doing, tlie Judge, may, on proof to his satisfaction of such award or agreement, issue his Warrant to the Sheri AT of the District or County, or to a Bailiff, as he may deem most suitable, to put the said Company in possession, and to put down such resistance or opposition, which the Sheriff or Bailiff, taking with him sufficient assistance, shall accordingly do : Provided that such Warrant may also be granted by any such Judge, without such award or agree- ment, on affidavit to his satisfaction that the immediate possession of the lands or of the power to do the thing mentioned in the notice, is necessary to carry on some part of the said Railway with which the said Company are ready forthwith to proceed ; and upon the said Company giving security to his satisfaction, and in a sum which shall not be less than double the amount mentioned in the notice, to pay or deposit the compensation to be awarded within one month after the making of the award, with interest from the time at which possession shall be given, and with such costs as may be lawfully payable by the Company. TwentietJdy. The compensation for any lands which might be taken wifliout the consent of the proprietor, shall stand in the stead of such lands ; and any claim to or incum- brance upon the said lands, or any portion thereof, shall, as against the Company, be converted into claim to the com- pensation, or to a like proportion thereof, and they shnll be responsible accordingly whenever they shall have paid such compensation, or any part, thereof, to a party not entitled to receive the same, saving always their recourse against such Pessession may be taken on payment, ten- der, &c., of sum awarded. Proviso. As to incum- brances upon lands, <&c., pur- chased or taken in Upper Ca- nada. such party: Provided that if the Company shall have reason to fear any claims or incumbrances, or if any party to whom the compensation or annual rent, or any part thereof shall be payable, shall refuse to execute the proper conveyance and guarantee, or if the party entitled to claim the same cannot be found, or be unknown to the Company, or if for any other reason 'the Company shall deem it advisable, it shall be lawful, if the lands be situated in Upper Canada, for them to pay such compensation into the -office of either of the Superior Courts for Upper Canada, with the interest thereon for six months, and to deliver to the Clerk of the Court an authentic copy of the conveyance, or of the award or agreement if there be no conveyance, and such award or agreement shall thereafter be deemed to be the title of the Company to the land therein mentioned ; and a notice, in such form and for such time as the said Court shall appoint, shall be inserted in some newspaper, if there be any published in the County in which the lands are situate, and in the City of Toronto, which shall state that the title of the Company, that is, the conveyance, agreement or award, is under this Act, and shall call upon all persons entitled to the land, or to any part thereof, or representing or being the husbands of any parties so entitled, to file their claims to the compensation or any part thereof, and all such claims shall be received and adjudged upon by the Court, and the said proceedings shall for ever bar all claims to the lands, or any part thereof^ including dower, as well as all mortgages or incumbrances upon the same , and the Court shall make such order for the distribution, payment or investment of the compensation, and for the securing of .the rights of all parties interested, as to right and justice, and according to the provisions of this Act and the Special Act and to law, shall appertain ; and the costs of the proceedings, or any part thereof, shall be paid by the Company, or by any other party as the Court shall deem it equitable to order ; and if such order of distribution as aforesaid be obtained in less than six months from the payment of the compensation into Court, the Court shall direct a proportionate part of the interest to be returned to tlie Company, and if from any error, fault 21 or neglect of the Company, it shall not be obtained until after the six months are expired, the Court shall order the Company to pay the claimants the interest for such further period as may be right. Twenty -firstly. If the lands so taken be situated in Lower Case in which Canada, and if the said Company shall have reason to fear iands are situate any such claim, mortgage, hypothec or incumbrance, or if nadai^a'nYcom- any party to whom the compensation or annual rent, or P*"y f®®- any partjhereof, shall be payable, shall refuse to execute incumbrances, the proper conveyance and guarantee, or if the party entitled provided for. to claim the compensation or rent cannot be found, or be unknown to the Company, or if for any other reason the Company shall deem it advisable, it shall be lawful for them to pay such compensation into the hands of the Prothonotary of the Superior Court for the District in which such land is situate, with the interest thereon for six months, and to deliver to the said Prothonotary an authentic copy of the conveyance, or of the award, if there be no convey- ance, and such award shall thereafter be deemed to be the title of the said Company to the land therein mentioned, and proceedings shall thereupon be had for the confirmation of the title of the said Company, in like manner as in other cases of confirmation of title, except that, in addition to the usual contents of the notice, the Prothonotary shall state that the title of the Company (that is, the conveyance or award) is under this Act, and shall call upon all persons entitled to the lands, or any part thereof, or representing or being the husband of any party so entitled, to file their oppositions for their claims to the compensation, or any part thereof, and all such oppositions shall be received and adjudged upon by the Court ; and the judgment of con. firmation shall forever bar all claims to the land, or any part thereof (including dower not yet open)^ as well as any mortgage, hypothec or incumbrance upon the same ; and the Court shall make such order for the distribution, pay- ment or investment of the compensation, and for the security of the rights of all parties interested, as to right'and justice, anl the Special Act, and according to the provisions of this Act and to law, shall appertain ; and the costs of the said proceedings, or any part thereof, shall be -paid by the Com- pany, mm Case in which Railway shall pass through Indian lands, provided for. As to I'^nc’s be- longing to Her Majesty, ^c. Proviso. pany, or by any other party, as the Court shall deem it equitable to order; and if judgment of confirmation be obtained in less than six months from the payment of the compensation to the Prothonotary, the Court shall direct a proportionate part of the interest to be returned to the Com- pany, and if from any error, fault or neglect of the Company, it shall not be obtained until after the six months are expired, the Court shall order the Company to pay the Prothonotary the interest for such further period as may be right. T^wcniy~seco7idly If the said Railway shall pass through any land belonging to or in possession of any Tribe of Indians in this Province, or if any act occasioning damage to their lands shall be done under the authority ot this Act or the Special Act, compensation shall be made to them therefor, in the same manner as is provided with respect to the lands or rights of other individuals ; and whenever it shall be necessary that Arbitrators shall be chosen by the parties, the Chief Officer of the Indian Department within this Province, is hereby authorized and required to name an Arbitrator on behalf of the Indians, and the amount which shall be awarded in any case shall be paid, where the lands belong to the Indians^ to the said Chief Officer, for the use of such Tribe or Body. TweiUy-thirdly. VVhenever it shall be necessary for the Company to occupy any part of the lands belonging to the Glueen’s Majesty, reserved for Naval or Military purposes, they shall first apply for and obtain the license or consent of Her said Majesty, under the Hand and Seal of the Governor for the tune being, and having obtained such license and consent, they may at any time or times enter into or upon, have, hold, use, occupy, and enjoy any of the said lands for the purposes of the Railway: Provided always, that in the case of any such Naval or Military Reserves, no such license or consent shall be given but upon a Report first made thereupon by the Naval or Military authorities in which such lands shall for the time being being be vested, approving of such license and ^n- sent being so given as aforesaid. HIGHWAYS 23 HIGHWAYS AND BRIDGES. XII. And be it enacted, That the Highways and Bridges shall be regulated as follows : Firstly. The Railway shall not be carried along any existing Highway, but merely cross the same in the line of the Railway, unless leave be obtained from the proper Municipal authority therelor ; and no obstruction of such Highway with the works shall b^ made without turning so as to leave an open and good passage for carriages, and, on completion of the works, replacing the Highway, under a penalty of not less than Ten Pounds for any contravention ; but, in either case, the rail itself, provided it does not rise above or sink below the surface of the road more than one inch, shall not be deemed an obstruction. SecoTidly. No part of the Railway which shall cross any Highway without being carried over by a Bridge, or under by a Tunnel, shall rise above or sink below the level of the Highway more than one inch ; and the Railway may be carried across or above any Highways within the limits aforesaid. Railway not to be carried along any highway without leave from Municipal authorities. Railway not to rise more than one inch above level of high- ways when crossing the same. Thirdly. The space of the arch of any Bridge erected Height and for carrying* tile Railway over or across any Hig-hwav 111,11.. , ,, . , ® J bridge over snail at all times be, and be continued of the open and highways. clear breadth and space, under such arch, of not less than twenty feet, and of a height from the surface of such High- way 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. Fourthly. The ascent of all Bridges erected to carry any Ascent of Highway over any Railway shall not be more than one foot in twenty feet increase over the natural ascent of the Highway ; and 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. Fifthly. Signboards stretching across the Highway Precautions crossed at a level by any Railway, shall be erected and TroMM^^high- kept up at each crossing at such height as to leave sixteen way. feet from the Highway to the lower edge of the signboard, and Fences to be erected on each side of Rail* way. and having the words “ Railway Crossing *’ painted on each side of signboard, and in letters not less than six inches in length ; and for every neglect to comply with the requirements of this section, a penalty not exceeding 1 en Pounds currency shall be incurred. FENCES. dinc^ and rating of s for Rail- from hbouring XIII. And be it enacted, That— Firstly. Fences shall be erected and maintained on each side of the Railway, of the height and strength of an ordinary division fence, with openings, or gates, or bars therein and farm crossings of the Road, for the use of the proprietors of the lands adjoining the Railway , and also cattle guards at all road crossings, suitable and sufficient to prevent cattle and animals from getting on the K ail way ; and until such fences and cattle guards shall be duly made, the Company shall be liable for all damages which shall be done by their trains or engines to cattle, horses, or other animals on the Railway ; and after the fences or guards shall be duly made, and while they are duly maintained, no such liability shall accrue for any such damages unless negligently or wilfully done ; and if any person shall ride, lead or drive any horse or other animal upon such Railway, and within the fences and guards, other than the farm crossings, without the consent of the Company, he shall for every such offence forfeit a sum not exceeding Ten Pounds, and shall also pay all damages which shall be sustained thereby to the party aggrieved ; and no person other than those connected with, or employed by, the Railway, shall walk along the track thereof^ except where the same shall be laid across or along a Highway. Secondly. Within six months after any lands shall be taken for the use of the Railway, and if thereunto required by the proprietors of the adjoining lands respectively, but not otherwise, the lands shall be, by the Company, divided and separated and kept constantly divided and separated from the lands or grounds adjoining thereto, with a suffi- cient post or rail, hedge, ditch, bank, or other fence, sufficient to keep off hogs, sheep and cattle, to be set and made on the lands so taken, and which the Company shall. 25 sball, at their own costs and charges, from time to time, maintain, support and keep in sufficient repair* TOLLS. XIV. And be it enacted, That Tolls shall be established as follows : Firstly. Tolls shall be from time to time fixed and regu- Tolls tn be fixed lated by the Ry-laws of the Company, or by the Directors, ■ ^ if thereunto authorized by the By-laws, or by the Share- holders at any general meeting, and shall and may be demanded and received for all passengers and goods transported upon the Railway or in the Steam Vessels to the undertaking belonging, and which 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 shall direct ; and in case of denial or neglect of payment of any such'Tolls, or any part thereof, on demand, to such persons, the same may be sued for and recovered in any competent Court, or the Agents or Servants of the Company may, and they are hereby empowered to seize the goods for or in respect whereof such tolls ought to be paid, and c etain the same until paymen|| thereof ; and in the meantime the said goods shall be at the risk of the owners thereof; and if the said tolls shall not be paid within six weeks, the Company shall thereafter have po<\*er to sell the whole or any part of such goods, and out of the money arising from such sales to retain the tolls payable as aforesaid, and all charges and expenses of such detention and sale ; rendering the surplus, if any, of the money realized from such sale, or of such of the goods as may remain unsold, to the person entitled thereto ; and if any goods shall remain in the possession of the Company unclaimed for the space of twelve months, the Company shall thereafter, and cn giving public notice thereof by advertisement for six weeks in the Canada Gazette., and in such other papers as they may deem necessary, have power to sell such goods by public auction at a time and place to be mentioned in such advertisement, and out of the proceeds thereof to pay such tolls and all reasonable charges for storing, advertising and selling such goods , and any balance of such proceeds shall be kept by D the Proviso. A fraction of a xniie to be con- side rod as a wliule one in charging' tolls. Table of tolls to be siiirk up in cars, &,c. the Company for a further period of three months, to be paid over to any party entitled thereto ; and in default of such balance bei»^g claimed before the expiration of the period last aforesaid, the same shall be paid over to the Receiver-General, to be applied to the general purposes of the Province, until such time as the same shall be claimed by the party entitled thereto ; and all or any of the said tolls may, by any by-law, be lowered and reduced and again raised as often as it shall be deemed necessary for the interests of the undertaking : Provided that the same tolls shall be payable at the same time and under the same circumstances upon all goods and persons, so that no undue advantage, privilege or monopoly may be afforded to any person or class of persons by any By-laws relating to the tolls. Secondly. In all cases, a fraction in the distance over which go ds or passengers shall he transported oYi the Railway shall be considered as a whole mile; and for a fraction of a ton in the weight of any goods, a proportion of the tolls shall be demanded and taken, according to the number of quarters of a ton contained therein, and a frac- tion of a quarter of a ton shall be (J|emed and considered as a whole quarter of a ton. Thirdly. The Directors shall, from time to time, print and stick up, or cause to be printed and stuck up, in the oiiice, and in all and every of the places where the toils are to be collected, and in every passenger car, in some conspicuous place there, a printed board or paper exhibiting all the tolls payable, and particularising the price or sum of money to be charged or taken for the carriage of any matt.r or thing. Fourthly. iNo tolls shall be levied or taken until approved of by the Governor in Council, nor until after two weekly publications in the Cajvada Gazette of the By-law estab lishing such tolls, and of the Order in Council approving thereof. Fifthly. Every By-law fixing and regulating tolls shall be subject to revision by the Governor in Council from time to lime, after approval thereof as aforesaid ; and after an Order in Council, reducing the tolls fixed and regulated by 27 by any By-law, shall have been twice published in the Canada Gazette^ the tolls mentioned in such Order in CouncH shall be substituted for those mentioned in such By-law so long as such Order in Council remains un- revoked* GENERAL MEETINGS. XV. And be it enacted, That the Shareholders shall always have power to assemble together at general meet- ings for purposes connected with or belonging to the un* dertaking, and at any annual general meeting, and elect Directors in the manner provided by the next succeeding clause. DIRECTORS— THEIR ELECTION AND DUTIES. XVI. And be it enacted, That — Firstly. A Board of Directors of the undertaking to manage its 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 meet- ing, the time and place for which shall be appointed by the Special Act, and if such election shall not be held on the day so appointed, it shall be the duty of the Directors to notify and cause such election to be held within thirty days after the day so appointed ; and on the day so notified, no person shall be admitted 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 ; and vacancies in the Board of Directors shall be filled in such manner as may be prescribed by the By-laws ; and no person shall be a Director unless he be a Stockholder, owning stock abs(Jutely in his own right, and qualified to vote for Directors at the election at which he shall be chosen. Secondly. The method of calling general meetings, and the time and place of the first meeting of Stockholders for the appointment of Directors, shall be determined and settled in the Special Act. Thirdly. The number of votes to which each Shareholder shall be entitled on every occasion when the votes of the members are to be given, shall be in the proportion to the Shareholders may hold peue- rai nieetiagfl. Boprd of Di- rectors. Calling of spe- cial ijieeUags, &c. Votes to be in proportion to shares. the number of shares hold by him, unless otherwise pro- vided by the Special Act ; and all Shareholders, whether resident in this Province or elsewhere, may vote by proxy^ if they shall see fit : Provided that such proxy do produce from his constituent an appointment in writing, in the words or to the effect following, that is to say ; “ I, . of , one “ of the Shareholders of the , do hereby “ appoint , of , to “be rny proxy, and in my absence to vote or give my “assent to any business, matter or thing relating to the “ said undertaking, that shall be mentioned or proposed at “ any meeting of the Shareholders of the said Company, or “ any of them, in such manner as he, the said “ , shall think proper. In witness whereof, I have hereunto set my hand and seal, the day “• of , in the year Voles by proxy. Fourthly. The votes by proxy shall be as valid as if the principals had voted in person ; and every matter or thing proposed or considered in any public meeting of the Share- * holders shall be determined by the majority of votes and proxies then present and given ns aforesaid, and all decisions and acts of any such majority shall bind the Company, and be deemed the decisions and acts of the Company. Fifthly The iJirectors first appointed, or those appointed in their stead, in case of vacancy, shall remain in office until the next annual election of Directors at the time appointed therefor, at which time an annual general meeting of the Shareholders shall be held to choose Direc- tors for the ensuing year, and generally to transact the Proviso. business of the Company : Provided always, that the said Directors, in case of the death, absence or resignation of any of them, may appoint others in their stead ; but if such appointment be not made, such death, absence or resigna- tion shall not invalidate the acts of the remaining Directors. President. Sixthly. 'I'he Directors shall, at their first or at some other meeting, after the day appointed for the annual general meeting, elect one of their number to be the Presi- dent of the Company, who shall always, when present, be the Chairman of and preside at all meetings of tlie Directors, and Term of oflice ut l>iiecio.8. 29 U and shall hold his office until he shall cease to be a Director, or until another President shall be elected in his stead, and they may in like manner elect a Vice-President^ Vice President. who shall act as Chairman in the absence of the President. * Seventhly. 'Phe Directors at any meeting- at whieh not Quorum of less than a quorum to be settled by the Special Act shall be present, shall be competent to use and exercise all and any of the powers vested in the said Directors, but no one Director shall have more than one vote at any meeting except the Chairman, who shall, in case of a division of equal numbers, have the casting vote, and the Directors shall be subject to the examination and control of the Shareholders at their annual meetings and be subject to all By-laws of the Company, and to the orders and direc- tions from time to time made at the annual or at any special meetings, such orders and directions not being contrary to any express directions or provisions of this Act or the Special Act: And provided also, that the act of any Proviso, majority of a quorum of the Directors present at any meeting regularly held, shall be deemed the act of the Directors. Eighthly. No person holding any office, place or employ- Officers of ment in or being concerned or interested in any contracts J;^o°'bTuiie-uora under or with the Company, shall be capable of being chosen a Director, or of holding the office of Director. Ninthly. 1'he Directors shall make By-laws for the man- By-laws for agement and disposition of the stock, property and business 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. TerUhly. The Directors may from time to time make such calls of money upon the respective Shareholders, in respect of the amount of Capital respectively subscribed or owing by them, es they shall deem necessary, provided that thirty days’ notice at the least be given of each call, and that no call exceed the prescribed amount to be deter- mined therefor in the Special Act, nor made at a less interval than two months from the previous call, or a greater amount be called in, in any one year, than the prescribed 30 Interest to be charged on un- paid calls Amount of call may be reco- vered by suit. Certain forma- lities not ne- cessary in actions for Cilis. Certificate of pro|>rietorship prima facie evidence. Penalty for re- fusal to pay calls. Forfeiture of share not to be taken advan- tage of, unless prescribed amount therefor in the Special Act. and every Shareholder shall be liable to pay the amount of the call so made in respect of the shares held by him to the persons' and at the times and places from time to time appointed by the Company or the Directors. Eleventhly. If before or on the day appointed for payipent, any Shareholder do not pay the amount of any call, he shall be liable to pay interest for the same, at the rate of six per centum per annum, from the day appointed lor the payment thereof to the time of the actual payment. f'welfthly. If at the time appointed for the payment of any call, any Shareholder shall fail to pay the amount of the call, he may be sued for the same, in any Court of Law or Equity having competent jurisdiction, and the same may be recovered with lawful interest from the day on which such call was payable. Thirteeiithly. In, any action or suit to recover any money due upon any call, it shall not be necessary to set forth the special matter, 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 shall amount, in respect of one call or more upon one share or more, stating the number and amount of each of such calls, whereby an action hath accrued to the said Company by virtue of the Special Act. Fourteenthly, The Certificate of Proprietorship of any share shall be admitted in all Courts as prima facie evidence of the title of any Shareholder, his executors, administrators, successors or assigns, to the share therein specified ; never- theless, the want of such Certificate shall not prevent the holder of any share from disposing thereof. Fifteenthly. Any persons neglecting or refusing to pay a rateable share of the calls as aforesaid, for the space of two calendar months after the time appointed for the payment thereof, shall forfeit their respective shares in the undertak- ing, and all the profit and benefit thereof ; all which for- feitures shall go to the Company for the benefit thereof. Sixleenthly. Provided that no advantage shall be taken of the forfeiture, unless the same shall be declared to be forfeited at a General Meeting of the Company, assembled at at any time after such forfeiture shall be incurred, and every such forfeiture shall be an indemnification to and for every Shareholder so forfeiting against all actions suits or prosecutions whatever, to be commenced or prosecuted for any breach of contract or other agreement between such Shareholder and the other Shareholders with regard to carrying on the said undertaking. Seventeenthly, The Directors of the said Company may sell, either by public auction or private sale, and in such manner and on such terms as to them shall seem meet, any shares so declared to be forfeited, and also any shares remaining unsubscribed for in the Capital Stock of the Company, or pledge such forfeited or unsubscribed shares for the payment of leans or advances made or to be made thereon, or of any sums of money borrowed or advanced by or to the Company. Eighteenthly, A Certificate of the Treasurer of the Com- pany that the forfeiture of the shares was declared, shall be sutficient evidence of the fact therein stated, and of their purchase by the purchaser ; and with the receipt of the Treasurer for the price of such shares, shall constitute a good title to the shares, and the Certificate shall be by the said dreasurer enregistered in the name and with the place of abode and occupation of the purchasers, and shall be entered in the Books required to be kept by the By laws of the Company, arid such purchaser sh-^ll 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 affected by any irregularity in the proceedings in reference to such sale, and any Share- holder may purchase any shares so sold. Nineteenthly. Shareholders willing to advance the amount of their Shares, or any part of the money due upon the respective shares beyond the sums actually called for, may pay the same, and upon the principal moneys so paid in advance, or so much thereof as from time to time shall exceed the amount of the calls then made upon the shares in respect of which such advance shall be made, the Com- pany may pay interest at the legal rate of interest for the time being, as the Shareholders paying such sum in advance declared at general meet- ing. Directors may sell forfeited shares by auc- tion. Certificate of Treasurer to be evidence of forfeiture. Interest to be allowed to Shareholders paying money in advance on their shares. Directors to cause annual accounts to be kept. Proviso. Directors may pay interest on sums called up in respect of shares. Proviso. advance and the said Company may agree upon : Provided, such interest shall not be paid out of the Capital sub- scribed. TioeniulWy. The Directors shall, and they are hereby required to cause a true, exact and particular account to be kept and annually made up and balanced on the thirty- first day of December in each year, of the money collected and received by the Company, or by the Directors or Managers thereof, or otherwise, for the use of the Company, and of the charges and expenses attending the erecting, making, supporting, maintaining and carrying on of the undertaking, and of all other receipts and expenditures of the Company or the Directors, and at the general meetings of the Shareholders of the undertaking, to be from time time holden as aforesaid, a dividend shall be made out of the clear profits of the said undertaking, unless such meetings shall declare otherwise ; and such dividend shall be at and after the rate of so much per share upon the several shares held by the Shareholders in the stock of the Company, as such meeting shall think fit to appoint or determine : Provided always, that no dividend shall be made whereby the Capital of the said Company shall be in any degree reduced or impaired, or be paid thereout, nor shall any dividend be paid in respect of any share, after a day appointed for payment of any call for money in respect thereof until such call shall have been paid. Twenty-Jirstly . The Directors of the Company may, in their discretion, until the Railroad shall be completed and opened to the public, pay interest at any rate not exceeding Six Pounds per centum per annum, on all sums called up in respect of the shares, from the respective days on which the same shall be paid, such interest to accrue and be paid at such times and places as the Directors shall appoint for that purpose : Provided always, that no interest shall accrue to the proprietors of any share upon which any call shall be in arrear in respect of such shares or any other share to be holden by the same Shareholder during the period which such call shall remain unpaid, nor shall any interest be paid or taken fiom the Capital subscribed or any part thereof. Twenty-secondly . Twenty -secondly. The Directors shall from time to time appoint such and so many Odicere as they may deem requisite, and take from them such sufficient security by one or more Bond or Bonds, in a sufficient penalty or penalties or otherwise from the Manager and Officers for the time being, for the safe keeping and accounting of the moneys to be raised by virtue of this Act and the* Special Act, and for the faithful execution by them of their offices respectively, as the Directors shall think proper. Tweyity-thirdly. In case of the absence or illness of the President, the Vice-President shall have all the rights and powers of the President, and shall be competent to sign all Notes, Bills, Debentures, and other Instruments, and to perform all acts which by the Regulations and By-laws of the Company or by the Acts incorporating the Company are required to be signed, performed and done by the Pre- sident ; and the Directors may at any meeting require the Secretary to enter such absence or illness among the proceedings of such meeting, and a certificate thereof signed by the Secretary shall be delivered to any person or persons requiring the same on payment to the Treasurer of Five Shillings, 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 Certificate mentioned, in all proceedings in Courts of Justice or otherwise. Twenty fourthly , All notices of meetings or of calls upon the Shareholders of the Company shall be published weekly in the Canada Guzette^ and the said Gazette shall, on pro- duction thereof, be conclusive evidence of tlie sufficiency of the said notices. SHARES AND THEIR TRANSFER. XVII. And be it enacted, That — Firstly. Shares in the undertaking may be, by the par- ties, sold and disposed of by instrument in writing, to be made in duplicate in the form following, one part of which shall be delivered to the Directors, to be filed and kept for the use of the said Company, and an entry thereof shall be made in a Book to be kept for that purpose ; but no interest Directors may appoint officers Vice-President to act in the absence of the President. Notices to be published in Canada Ga^ zetle. Shareholders may dispose of shares. 34 oil the shares transferred shall be paid by the purchaser until said duplicate shall be so delivered, filed and entered. Form of Bale. Secondly. Sales shall be in the form following, varying the names and descriptions of the contracting parties, as the case may require i — “ I, A, B, in consideration of the sum of y ^ paid to me by C D, hereby do sell and transfer to share {or shares) of the stock of , to hold to him the said “ him ^ the “ C D, his Heirs, Executors, Administrators and Assigns, “ subject to the same rules and orders, and on the same “ conditions that I held the same immediately before the execution hereof. And I, the said C D do hereby agree to accept of the said share {or “ shares) subject to the same rules, orders and conditions. “ Witness our hands « 1 this day of in the year of Thirdly. The Stock of the Company shall be deemed personal estate, but no shares shall be transferable until all previous calls thereon shall have been fully paid in, or the said shares shall have been declared forfeited for the non-payment of calls thereon, and no transfer of less than a whole share shall be valid. Fourthly. If any share in the Company shall be trans- mitted by the death, bankruptcy or last will, donation or testament, or by the intestacy of any Shareholder, or by any lawful means other than the transfer hereinbefore mentioned, the party to whom such share shall be so trans- mitted, shall deposit in the office of the Company a state- ment 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 sufficient 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 Com- pany, nor vote in respect of any such share as the holder thereof. MUNICIPALITIES. 33 MUNICIPALITIES. XVIII. And be it enacted. That — Firstly. Municipal Corporations in this Province may MuuiclpalCor- subscribe for any number of shares in the Capital Stock of, or lend to or guarantee the payment of any sum of money borrowed by the Company from any Corporation or person, or indorse or guarantee the payment of any Debenture to be issued by the Company for the money by them borrowed, and shall have power to assess and levy from time to time upon the whole rateable property of the Municipality a sufficient sum for them to discharge the debt or engagement so contracted, and for the like purpose to issue Debentures payable at such times and for such sum respectively, not less than Five Pounds currency, and bearing or not bearing interest, as such Municipal Corpo- ration may think meet. Secondly. Any such Debenture issued, indorsed or gua- Debentures ranteed, shall be valid, and binding upon such Municipal t^bo^b^ndingr Corporation, if signed or indorsed, and countersigned by such officer or person, and in such manner and form as shall be directed by any By-law of such Corporation, and the Corporation Seal thereto shall not be necessary, nor the observance of any other form with regard to the Deben- tures than such as shall be directed in such By Kw as aforesaid. Thirdly. No Municipal Corporation shall subscribe for They cannot Stock or incur any debt or liability under this Act or the stocfk^unle^M Special Act, unless and until a By-law to that effect shall By-laws are have been duly made, and adopted with the consent first ^^rpose!^*^ had of a majority of the qualified electors of the Munici- pality, to be ascertained in such manner as shall be determined by the said By-law, after public advertisement thereof containing a copy of such proposed By-law, inserted at least four times in each newspaper printed within the limits of the Municipality, or if none be printed therein, then in some one or more newspaper printed in the nearest City or Town thereto and circulated therein, and also put up in at least four of the most public places in each Municipality. Fourthly, SHAREHOLDERS. XIX, And be it enacted, That — Shareholders Firstly, Each Shareholder shall be individually liable to the creditors of the Company to an amount equal to the amount unpaid on the Stock held by him, for the debts and liabilities thereof, and until the whole amount of his Stock shall have been paid up ; but shall not be liable to an action therefor before an execution against the Company shall have been returned unsatisfied in whole or in part, and the amount due on such execution shall be the amount recoverable with costs against such Shareholders. Stock may be Secondly. The original Capital Stock may be increased increased. amount, but such increase must be sanctioned by a vote in person or by proxy, of at least two-thirds in amount of all the Shareholders, at a meeting of them expressly called by the Directors for that purpose; by a notice in writing to each Shareholder, served on him personally, or properly directed to him, and deposited in the i Post Office nearest to his place of residence, at least twenty ' days previous to such meeting ; stating the time and place ! and object of the meeting, and the amount of increase and the proceedings, of such meetings must be entered on the Minutes of the proceedings, and thereupon, the Capital Stock may be increased to the amount sanctioned by such ! a vote. jj Funds of a Thirdly. The funds of the Company shall not be em- to°be employed P^^yed in the purchase of any Stock in their own or in any in purchasing other Company, other stock. Actions Mayor, &c., to Fourthly. The Mayor, Warden or Reeve, being the Dir^tol^ncer- Municipal Corporation, subscribing for and tain cases. holding Stock in the Company, to the amount of Five Thousand Pounds, or upwards, shall be and continue to be cx officio one of the Directors of the Company, in addition 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. 37 ACTIONS FOR INDEMNITY. AND FINES AND PENALTIES AND THEIR PROSECUTION. XX. And be it enacted, That — Firstly, All suits for indemnity for any damage or injury sustained by reason of the Railway, shall be instituted within six calendar months next after the time of such supposed damage sustained, or if there shall be continuation o{ damage, then within six calendar months next after the ooing or committing such damage shall cease, and not afterwards ; and the Defendants may plead the general issue and give this Act and the Special Act and the special matter in evidence at any trial to be had thereupon, and may prove that the same was done in pursuance of and by authority of this Act and the Special Act. Secondly, All persons by any means or in any manner or way whatsoever, obstructing or interrupting the free use of the Railway, or the carriages, vessels, engines or other works incidental or relative thereto, or connected therewith, shall, for every such offence, be deemed guilty of a mis- demeanor, and on conviction thereof, shall be punished by imprisonment in the common Gaol of the District or County w^here the conviction shall take place, or in the Provincial Penitentiary, for a term not to exceed five years. Thirdly. All persons wilfully and maliciously, and to the prejudice of the Railway, breaking, throwing down, damag- ing or destroying the same, or any part thereof, or any of the buildings, stations, depots, wharves, vessels, fixtures, machinery or other works or devices incidental and relative thereto, or connected therewith, or doing any other wilful hurt or mischief, 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 adjudged guilty of a misdemeanor, unless the offence committed shall, under some other Act or Law, amount to a felony, in which case such person shall be adjudged guilty of a felony, and the Court by and before whom the person shall be tried and convicted, shall have power and authority to cause such person to be pun- ished Limitation of assignees for damages. Penally on per- sons obstruct- ing free use of Railway. Penalty dn per- sons damaging Railway. ished 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. Fines how re- Fourthly All fines and forfeitures imposed by this Act oovered. Special Act, or which shall be lawfully imposed by any By-law, the levying and recovering of which are not particularly 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, eith^ by the confession of the parties, or by the oath or affirma- tion of any one credible witness, which oath or affirmation such Justice or Justices is or are hereby empowered and required to administer 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 hands and seals of such Justice or Justices ; and all fines, forfeitures and penalties, the application whereof is not hereinbefore particularly directed, shall be paid into the hands of the Treasurer of the Company, to be applied to the use thereof* and the overplus of the money so raised, and after deducting the penalty and the expenses of the levying and recovering thereof, shall be returned to the owmer of the goods so distrained and sold ; and for want of sufficient goods and chattels wffiereof to levy the said penalty and expense, the offender shall be sent to the common Gaol for the County or District in which he shall have been convicted, there to remain without bail or mainprize, for such term, not exceeding one month, as the Justice or Justices shall think . proper, unless the penalty or forfeiture, and all expenses attending the same, shall be sooner paid and satisfied ; but every such person or persons may, within four calendar months after the conviction, appeal against the same to the Court of General Quarter Sessions, to be holden in and for the County or District. Contravention* ' Fifthly. All contraventions of this Act or of the Special Spec'^a^^Act'^io Company or by any other party, for which no b e misdemean- punishment or penalty is herein provided, shall be a mis- demeanor, and shall be punishable accordingly , but such punishment shall not exempt the Company, if they be the offending party, from the forfeiture by this Act and the Special f ( t If 5 i i lij If i i xi I i i d tk Dtj ts IKt A ISS d i4 li icj \t t ck 39 Special Act, of the privileges conferred on them by the said Acts, if by the provisions thereof or by law, the same be forfeited by such contravention. Sixthly. All By-laws, Rules and Orders regularly made. By-laws to b© shall be put into writing and signed by the Chairman or person presiding at the meeting at which they were adopted Chairman. ^ and shall be kept in the office of the Company j and a printed copy of so much of them as may relate to or affect any party other than the members or servants of the Company, shall be affixed openly in all and every passenger car, and in all and every of the places where tolls are to be gathered, and in like manner so often as any change or alteration shall be made to the same ; and any copy of the same, or of any of them, certified as correct by the President or Secretary, shall be deemed authentic, and shall be received as evidence thereof in any Court, without further proof : Provided nevertheless, that all Proviso, such By-laws, Rules and Orders shall be submitted from time to time to the Governor General, or person admininis- tering the Government of this Province, for approval. Sevenihly. That copies of the Minutes of proceedings and Copies of resolutions of the Shareholders of the Companv, at anv ^ 1 *1 ^ vrtma jacU^ general or special meeting, and of Minutes of proceedings evidence. and resolutions of the Directors, at their meetings, extracted from the Minute-books kept by the Secretary of the Com- pany, and by him certified to be true copies, extracted from such Minute-books, shall be prvma facie evidence of such proceedings and resolutions in all Courts of civil jurisdic- tion, and all notices given by the Secretary of the Company, by order of the Directors, shall be deemed notices by the said Directors and Company, WORKING OF THE RAILWAY. XXL And be it enacted. That — Firstly. Every servant of the undertakings employed in Servants to a passenger train or at stations for passengers, shall wear badges^ upon his hat or cap a badge, which shall indicate his office, and he shall not without such badge be entitled to demand or receive from any passenger any fare or ticket, or I or to exercise any of the powers of his office, nor meddle or interfere with any passenger or his baggage or pro- petty. Trains to start Secondly, The trains shall start and rim at regular hours at public hours. and shall furnish sufficient accommodation for the transportation of all such passen- gers and goods as shall within a reas.mable time previous thereto be offered for transportation at the place of starting, and at the junctions of other Railways and at usual stopping places established for receiving and discharging way-passengers and goods from the trains, and such pas- sengers ; and goods shall be taken, transported and dis- charged, at, from, and to such places, on the due payment of the toll, freight or fare legally authorized therefor, and the party aggrieved by any neglect or refusal in the pre- mises, shall have an action therefor against the Com- pany. Checks to be Thirdly. Checks shall be affixed by an agent or servant fixed on parcels every parcel of baggage having a handle, loop or fixture of any kind thereupon, and a duplicate of such Check shall " . be given to the passenger delivering the same ; and if such Check be refused on demand, the Company shall pay to such passenger the sum of Two Pounds, to be recovered in a civil action ; and further, no fare or toll shall collected or received from such passenger, and if he shall have paid his fare, the same shall be refunded by the Conductor in charge of the train ; and any passenger producing such Check, may himself be a witness in any suit brought by him against the Company, to prove the contents and value of of his baggage not delivered to him. Baggage cars Fourthly. The baggage, freight, merchandize or lumber not to be in shall not be placed in rear of the passenger cars, and -I* gQ placed, the officer or agent directing or knowingly suffering such arrangement, and the conduc- tor of the train, shall severally be deemed guilty of a misdemeanor, and be punished accordingly. Locomotive to Fiftldy. Every locomotive engine shall be furnished with be famished ^ bell, of at least thirty pounds weight, or a steam whistle, steam whUlee. and the bell shall be rung, or the whistle sounded at the distance of at least eighty rods from every place where the Railway f 41 3 I \ I \ i f k t I F n ft U sc ITI ^1 an id k ji IK i \t ¥. Kailway shall cross any highway, and be kept ringing or be sounded at short intervals, until the engine shall have crossed such highway, under a penalty of Two Pounds for every neglect thereof, to be paid by the Company, who shall also be liable for all damages sustained by any person by reason of such neglect, one half of which penalty and damages shall be chargeable to and collected by the Com- pany froiH the Engineer having charge of such engine and neglecting to sound the whistle or ring the bell as aforesaid. ■Sixthly. Passengers refusing to pay their fare, may, by the conductor of the train and the servants of the Company, be, with their baggage, put out of the cars, using no unnecessary force, at any usual stopping place, or near any dwelling house, as the conductor shall elect, first stopping the train. Seventhly. All persons in charge of a locomotive engine, or acting as the conductor of a car or train of cars, who shall be intoxicated on the Railway, shall be deemed guilty of a misdemeanor. Eighthly. Any passenger injured while on the platform of a car, or on any baggage, wood or freight car, in violation of the printed regulations posted up at the time in a conspicuous place, inside of the passenger cars then in the train, shall have no claim for the injury, provided sufficient room inside of such passenger cars, sufficient for the proper accommodation of the passengers, was furnished at the time. GENERAL PROVISIONS. XXII. And be it enacted. That — Firstly. The Company shall not be bound to see to the execution of any trust, whether express, implied or construe* tive, to which any of the shares may be subject ; and the receipt of the party in whose name any share shall stand in the Books of the Company, 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 sufficient discharge to the Company for any dividend or other sum of money payable in respect of the r share, Passengers re- fusing to pay fare may be put out. Intoxicated conductor of locomotives. Passengers to have no claim if injured when on platform of cars, &c. Company not bound to see to execution of trusts. r 42 share, notwithstanding any trust to frhich the share may then be 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 xxpon such receipts. ProviBions to Secondly, Her Majesty’s Mail, Her Majesty’s Naval Her^Ma est or Military Forces or Militia, and all artillery, ammunition, Mail, &c. ^ provisions or 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 Provincial Postmaster General, the Commander of the Forces, or any person having the Superintendence or Command of any Police Force, and with the whole resources of the Company if required, be carried on the Railway, on such terms and conditions, and under such regulations as the Governor in Council ‘shall make ; and the Company may be required by the Governor, or any thereunto authorized by him, to place any Electric Tele- graph, and the apparatus and operators they may have, at the exclusive use of the Government, receiving thereafter reasonable compensation for such service ; provided that any further enactments which the Legislature of this Pro- vince may hereafter make, for the carriage of the Mail or Her Majesty’s Forces, and other persons and articles as aforesaid, or tib 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 infringement of the privileges intended to be conferred by this Act or the Special Act. Account of Thirdly. A true and perfect account of the names and names and re- places of abode of the several Shareholders shall be kept Shareholders and entered in a Book to be kept for that purpose, as well to be kept. ^ ‘ of the several persons who shall from time to time become proprietors of, or entitled to any shares therein, and of all the other acts, proceedings and transactions of the said Company and of the Directors from the time being. Map, &c., of Fourthly. A Map' and Profile of the completed Railway Railway to bo and of the land taken or obtained for the use thereof, shall, BoardofWorki within a reasonable time after completion of the under- Office. taking 43 taking be made and filed in the office of the Commissioners of Public Works, and also like maps of the parts thereof located in different Counties, shall be filed in the Registry Offices for the Counties in which such parties shall be respectively ; and every such Map shall be drawn on such a scale, and on such paper as may from time to time be designated for that purpose by the Chief Commissioner of Public Works, and shall be certified and signed by the President or Engineer of such Corporation. Fifthly. An account shall be annually submitted to the three branches of the Legislature, within the first fifteen days after the opening of each Session of the Provincial Parliament after the opening of the Railway or any part thereof to the public, containing a detailed and particular account, attested upon oath of the President, or Vice- President in his absence, of the moneys received and expended by the Company, and a classified statement of the passengers and goods transported by them, with an attested copy of the last annual statement ; and no further provisions which the Legislature may hereafter make with regard to the form or details of such account, or the mode of attesting or rendering the same, shall be deemed an infringement of the privileges hereby granted to the Com- pany. Sixthly. If the construction of the Railway shall not have been commenced, and ten per cent, on the amount of the Capital shall not have been expended thereon, within three years after the passing of the Special Act, or if the Railway shall not be finished and put in operation in ten years from the passing of such Special Act os aforesaid, its cor- porate existence and powers shall cease. Seventhly. The Legislature of this Province, may from time to time reduce the tolls upon the Railway, but not without consent of the Company, or so as to produce less than fifteen per cent, per annum profit on the Capital actually expended in its construction j nor unless, on an examination made by the Commissioners of Public Works of the amount received and expended by the Company, the net income from all sources, for the year then last passed, Account to be submitted to Legislature. Ten per cent, to be paid within three years from passing of Spe- cial Act. Parliament may reduce tolls on Rail- ways. As to goods of a dangerous nature. Forging De- bentures, &c., deemed felouv. Company- bound to make and repair fences, roads, &c., in L. C., &C, passed, shall have been found to exceed fifteen per cent, upon the Capital so actually expended. Eighthly. No person shall be entitled to carry or to re- quire the Company to carry upon their Railway any aqua fortis. oil of vitriol, gunpowder, lucifer matches, or any other goods, which, in the judgment of the Company, may be of a dangerous nature: and if any person send by the said Railway any such goods without 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 Servants of the Company with whom the same are left at the time of so sending the said goods, he shall forfeit to the Company the sum of Five Pounds currency for every such offence ; and it shall be lawful for the Company to refuse to take any package or parcel that they may suspect to contain goods of a dangerous nature, or require the same to be opened to ascertain the fact. Ninthly. The offence of forging any Debentures or a Coupon of any Debenture issued under the authority of this Act or of the Special Act, or of uttering any such Debenture or Coupon^ knowing the same to be forged, or of being accessory before or after the foct to any such offence, shall be deemed felony, and be punished accordingly. 'TeTithly. The Company shall make and keep in repair all fences, roads and water courses, and be subject to all municipal regulations and provisions in respect thereof m or for lands belonging to or held by the Company, and subject to any such regulations, or to any charges, public^ municipal or local, as the case may be, in any County, Parish or Township in Lower Canada through which the Railway shall pass ; and the said Company may, in default or contravention thereof, be prosecuted therefor by the Officers of the Municipality, before the Commissioners Court or Circuit Court within the jurisdiction of which such fence, road or water course shall be, and the service the Summons upon any Clerk or Officer in charge of the section of the Railway within the said jurisdiction, or at the nearest depot of the Railway, shall be good service upon the Company. Eleventhly. 45 EUvenlhly. Every Special Railway Act shall be a Public Act. Twelfthly. The Legislature may at any time annul or dissolve any Corporation formed under this Act; but such dissolution shall not take away or impair any remedy given against any such Corporation, its Shareholders Officers or Servants, for any liability which shall have been previously incurred. • ThxrteerUhly. Nothing herein contained shall affect or be construed to affect, in any manner or way whatsoever, the rights of Her Majesty, Her Heirs and Successors, or of any person or persons, or of any bodies politic, corporate or collegiate, such only excepted as are herein mentioned. Fmrteenthly. No amendment or alteration in this Act shall be held to be an infringement of the rights of any Company authorized to construct a Railway by any Act of this or any future Session with which this Act is or shall be incorporated. Special Act to be a PublicAct. And may dis- solve any Cor- Corporatibn formed under this Act. Savings of Her Majesty's Rights. Interpretation. 01 If iii i % k k SI i k i( / AN ACT TO INCORPORATE THE TORONTO & GUELPH RAILWAY COMPANY. SOtli August, 1851. Whereas the persons hereinafter mentioned, together with others, have, among other things, petitioned for the revival of the Act passed in the Session held in the tenth and eleventh years of Her Majesty’s Reign, and intituled. An Act for incorporating the Toronto and Goderich Railway Company ; And whereas it is ^pedient in part to grant the prayer of the said Petitioners in so far as to incorporate a Company to construct a Railway from the City of Toronto to the Town of Guelph, under the provisions of the Railway Clauses Consolidation Act : Be it therefore enacted by the Clueen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled. An Act to re-unite the Pro- vinces of Upper and Lower Canada^ and for the Government (f Canada^ and it is hereby enacted by the authority of the same, That from and after the passing of this Act, John Arnold, John G. Bowes, A. M. Clark, William Clarke, James Colton, John Fiskin, William Charles Gwynncj George Herrick, James Hodgert, John Holmes, William P. Howland, Samuel Peters Jarvis, John McDonald, Samuel Smith, John Smith, James McGill Strachan, James Webster, Ezekiel F. Whittemore, Frederick Widder, and George Wright, Esquires, together with every person who has already under the provisions of the first above recited Act become a subscriber to, or has agreed to become a Shareholder Preamble. Name of “ The Toronto and Guelph West- ern Extension Railroad Com- pany.** Payments made before the passing this Act Capital £250,000 di- vided into shares of five pounds each. Bharoholder in the Railway by the said Act authorized to be constructed, and who shall, within three months from and after the passing of this Act, express his desire, in writing, addressed and delivered to the Secretary or to the Directors, or to any of the Directors of the Company hereinafter* named^ to have the amount, or any part of the amount so by hiin subscribed for the purposes of the said Act, transferred to the purpose of constructing the work in this clause mentioned, and also together with such other Persons, Corporations, or Corporation, as shall, after the passing of this Act, become Subscribers to and Shareholders in the Railway in this clause mentioned ; and their several and respective successors, executors, administrators and assigns, shall be, and they are hereby declared to be united into a Company for making and maintaining, and they are hereby authorized and empowered to make and maintain, a Double or Single Line of Railway, with the other works necessary therefor, extendkig from the waters of Lake Ontario, within the limits of the City of Toronto to the I’own of Guelph, in the County of Waterloo, and for that purpose shall be one Body Corporate, by the name and style of “ The Toronto and Guelph Railway Company,” and by that name and style shall have perpetual succession, and shall have a Common Seal, and by that name shall and may sue and be sued. II. And be it enacted. That all persons who, prior to the passing of this Act, have made any payments in respect of the Shares by them subscribed for in the said Toronto and Goderich Railway Company, shall be entitled to receive credit therefor upon such Stock as they shall respectively transfer as aforesaid, under the provisions of this Act, in the same manner as they would have been entitled to such credit upon the Stock by them respectively subscribed for in the said Toronto and Goderich Railway Company. III. And be it enacted. That it shall and may be lawful for the said Toronto and Guelph Railway Company, to raise and contribute among themselves, in such proportions as to them shall seem meet, a competent sum of money for the completion of the said Railway from the City of Toronto to the Town of Guelph, and for the completion of the 49 the works necessary for the efficient working and inaintain- ing the said Railway, provided that such sum so to be raised shall not exceed the sum of Two Hundred and Fifty Ihousand Pounds currency in the whole. IV. And be it enacted, That the several clauses of the Railwaj Clauses Consolidation Act, pas.sed during the present Session, with respect to the first, second, third and lourth clauses thereof, and also the several clauses of the said last mentioned Act, with respect to “ Interpretation,*’ Incorporation,” “Powers,” “Plans and Surveys,” “Lands and their valuation,” “ Highways and Bridges,” “ Fences,” « Tolls,” “ General Meetings,” “ Directors their election and duties,” “Shareholders,” “Shares, and their transfer,” “Municipalities,” “Shareholders,” “Ac- tions for Indemnity, and fines and penalties and their prosecution,” “ Working of the Railway,” and “General Provisions,” shall be incorporated with this Act. V. And be it enacted. That from and after the passing of • this Act, the said John Arnold, John G. Bowes, A. M. Clark, \^lliam Clarke, James Colton, John Kiskin, William Charles Gwynne, George Herrick, James Hodgert, John Holmes, William P. Howland, Samuel Peters Jarvis, John McDonald, Samuel Smith, John Smith, James McGill Strachan, Ezekiel F. Whittemore, Frederick Widder, James Webster, and George Wright, Esquires, shall be the Provisional Directors for carrying into eifect the object and purposes of this Act. VI. And be it enacted. That the number of Votes to which each Shareholder in the said undertaking shall be ealitled, on every occasion when the Votes of the IHembers of the said Toronto and Guelph Railway Company are to be given, shall be in the. proportion following, to the number of Shares held by him, that is to say; one Vote for one Share, two Votes for five Shares, three Votes for ten Shares, four Votes for twenty Shares, and ona additional V ote for every twenty additional Shares. VII. And be it enacted, That when and so soon as Shares to the amount of One Hundred and Fifty Thousand Pounds in the Capital Stock of the said Company, shall be taken, apd ten per cent, thereon shall have been paid in, it shall be ° lawful EnactinontM incorporated with ihia Act. Who shall ho the Provisional Directors. Nuinber of votes to wiiinh tlie sharehold* ers shall be enliilcd. W'hen (he Pro- visional Direc- tors shall call a meeting at To- ronto for the purpose of electing Direc- tors. lawful for the said Provisional Directors of the said Com- pany, or the Survivors of them, to call a Meeting at the City of Toronto of the Holders of such Shares, for the Proviso. purpose of electing Directors : Provided always, that if the said Provisional Directors, or the Survivors of them, shall neglect or omit to call such Meeting, then the same may be called by any ten of the Holders of Shares in the said Company, holding among them at least One Thousand Proviso. Shares : And provided always, that in either case, public notice of the time and place of holding such Meeting, shall be given during one month in two of the Newspapers published in the said City of Toronto 5 and at such General Meeting, the Shareholders assembled, with such proxies as shall be present, shall choose Thirteen persons, being each a Proprietor of not less than Forty Shares in the said under- taking, to be Directors of the said Company, and shall also proceed to pass such Rules and Regulations and By-Laws, as shall seem to them fit, provided they be not inconsistent Directors so elected to re- main in office until the first Monday in June following A general meeting to be held on the first Monday in June, &c., in each year, to choose Direc- tors. A special ge- neral meeting may bo called. with this Act. VIlI. And be it enacted, That the Directors so elected, (or those appointed in their stead in case of vacancy) shall remain in oflice until the first Monday in the month of June next following ; and that on the first Monday in June, and on the first Monday in June in each year thereafter, or on such other day as shall be appointed by any By-law, an Annual General Meeting of the said Proprietors shall be held at the Office of the Company for the time being, to choose Directors in the room of those whose period of oflfice shall have expired, and geneially to transact the business of the Company ; but if at any time it shall appear to any ten or more of such Shareholders, holding together one thousand shares at least, that a Special General Meeting of Shareholders is necessary to be held, it shall be lawful for such ten or more of them, to cause fifteen days’ notice at least to be given thereof in two public new spapers as afore- said, or in such manner as the Company shall by any By-law direct or appoint, specifying in such notice the time and place, and the reason and intention of such Special Meeting respectively ; and the Shareholders are hereby authorized to meet pursuant to such notices, and proceed to the 51 ilie execution of llic powers by this Act given them, with respect to ihe matters so specified only, and all such acts of I the Shareholders or the majority of them, at such Special 1 Meetings assembled, such majority not having, either as 1 principals or proxies, less than One Thousand Shares, shall I he as valid to all intents and purposes, as if the same were i done at Annual Meetings ; and any Meeting of the said What shall bo i Directors at which not less than seven Directors shall be Iny meVun^of il present, shall be a quorum, and shall be competent to use the Directors. lE and exercise all and any of the powers hereby vested in the s said Directors. It IX, And be it enacted, Ihat the Guage to be used on Guagetobo I the .said Bailway shall be five feet six inches, and neither II more nor less. b X. And be it enacted. That the Slock to be subscribed Tho stock to Il for by Municipal Corporations shall be represented by the ^ • r .-.y. 1 Tk c* . '' Munici- R Mayor, VVarden or Reeve, from time to time being, of such pal Corpora- a respective Municipal Corporations subscribing to the said pr^nted^b”* Railway, and that such Mayor, Warden and Reeve respec- theMayor,&c.; i lively shall be entitled to vote upon all occasions in respect Who shall be ^ of the Stock subscribed for by such respective Municipal and^be'* * h^ibr Ig Corporations, in proportion to the amounts so subscribed as Diroctore. to nj for, and shall be eligible as Directors of the said Company Pi in respect of such Stock, in addition to the provisions of the I Railway Clauses Consolidation Act. ilk A 0 r< a ifi iP * Ik TO AMEND THE ACT INCORPORATING THE TOKONTO AND GUELPH RAILWAY COMPANY. Wheaeas, since the passing of an Act in the Session held in the four- teenth and fifteenth years of Her Majesty’s Reign, intituled, An Ad to incorporate the Toronto and Qnelph Railway Company^ the Mayor, Aider- men, and Commonalty of the City of Toronto, have, in pursuance of the provisions of the Railway Clauses Consolidation Act, subscribed for Stock in the said Toronto and Guelph Railway Company ; and whereas the Municipal Corporations of the Town and Township of Guelph, and of the Township of Chinguacousy, have in like manner respectively subscribed for Stock in the said Company, and the calls hitherto made by the said Company, in respect of the shares subscribed for by the said Municipal Corporations, have been paid in Debentures of the said Corporations respectively : And whereas shares exceeding the sum of one hundred and fifty thousand pounds, as prescribed by tlie seventh Clause of the Act to incorporate the said Railway, have been taken, and ten pounds per cent, thereon hath been paid in j And whereas, by the third Clause of the said Act incorporating the said Toronto and Guelph Railway Company, the Capital Stock of the said Company is expressed to be limited to the sum of two hundred and fifty thousand pounds of Provincial currency, and doubts have been raised whether the said Clause does not limit the powers contained in the said Railway Clauses Consolidation Act, for increasing the capital of the said Company : And whereas the said sum of two hundred and fifty thousand pounds has been found to be insufficient for the proper and efficient construction of the Railwn}^ by the said Act authorised to G 2 be constructed, and it is desired to increase the same to the sum of threo hundred and twenty-five thousand pounds, like currency, with such powers to increase the same as are contained in the said Railway Clauses Consolidation Act : And whereas the said Toronto and Guelph Railway Company have executed, under their corporate seal, bonds to the amount of two hundred and seventy-five thousand pounds sterling money of Great Britain, payable to bearer, which bonds are secured by a Mortgage Deed, bearing date the thirtieth day of June, one thousand eight ^hundred and fifty-two, executed under the corporate seal of the said Company, whereby the said intended Railway, and all the works of the said Company, together with all stations, buildings, carriages, engines, and other property attached or to be attached to the said Rail- way, and all the Revenues and Tolls to be derived from the said w'orks, are mortgaged and pledged to the Canada Company, in trust as a security for the payment of the said entire sum of two hundred and seventy-five thousand pounds sterling, on the first day of July, one thousand eight hundred and seventy- three, and for the payment of the half-yearly interest thereon, at the rate of six pounds per centum per annum in the meantime, and whereby the Municipal debentures which have already been, and which hereafter shall be issued for the Stock already subscribed, and which hereafter shall be subscribed by Muni- cipal Corporations of the Province of Canada, under the provisions of the Railway Clauses Consolidation Act, are also mortgaged and pledged to the said Canada Company, in trust, as a collateral security for the due payment of the principal and interest on the said bonds : And whereas doubts have arisen whether the said third Clause of the said Act incorporating the said Toronto and Guelph Railway Com- pany does not limit and restrict the powers contained in the Railway Clauses Consolidation Act, of borrowing money, and other doubts have arisen as to the validity, negotiability and security of the said bonds, and the validity of the said mortgage : And whereas it is expedient to remove such doubts, and to affirm the validity, negotiability, and secu- rity of the said bonds of the said Company so as aforesaid executed to the amount of two hundred and seventy-five thousand pounds sterling money of Great Britain, and of any further bonds which may be executed by the said Railway Company, to an aggregate amount (with the said sum of two hundred and seventy-five thousand pounds) not exceeding the amount of capital for the time being, authorised to be raised by the said Company, and the validity of the said mortgage, and of any mortgage or mortgages to be hereafter executed, as a secu- rity for any monies to be borrowed by the said Company, within the limit of their prescribed capital for the time being : And whereas the said Toronto and Guelph Railway Company have by their petition prayed that the said Act incorporating the said Toronto and Guelph Railway Company may be amended : Be it therefore enacted, by the Queen*s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Pro- vince of Canada, constituted and assembled by virtue of, and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled. An Act to re-unite the Pro- vinces of Upper and Lower Canada^ and for the Government of Canada^ and it is hereby enacted by the authority of the same, That the Capital Stock of the said Company shall be, and is hereby declared to be the sum of three hundred and twenty-five thousand pounds, Pro^ vincial currency, divided into sixty-five thousand shares of five pounds each, and that the' said Capital Stock may, if necessary, from time to time be increased in the manner provided for by the Railway Clauses Consolidation Act. II. And be it enacted and declared. That the said bonds of the said Toronto and Guelph Railway Company so as aforesaid executed to the said amount of two hundred and seventy-five thousand pounds sterling money of Great Britain, and the said mortgage for securing the same, are and ^all continue to be and subsist as good and valid and obligatory upon the said Toronto and Guelph Railway Company according to the tenor and purport thereof respectively, and that ali bonds, debentures, or other securities of the said Railway Company, may be made payable to bearer, and that the said bonds which have been so executed as aforesaid, and all future bonds, debentures and other securities of the said Railway Company, and all dividends or interest warrants thereon respectively, which shall purport to be pay- able to bearer, shall be assignable at law by delivery, and may be sued on and enforced by the respective bearers and owners thereof for the time being, in their own names. III, And be it enacted and declared. That the respective hona fide Bondholders and Mortgagees of the said Railway Company, as well under any bonds, debentures, mortgages, or other special securities to be hereafter lawfully executed by the said Railway Company within the limit of their Capital for the time being, prescribed as under the said bonds already executed, shall be entitled one with an^lher to their respective proportions of the Tolls and other property of the said Rail- way Company, according to the respective sums in such securities mentioned, and to be repaid the principal and interest monies thereby secured, without any preference one above another by reason of priority of the date of any such security, or of the resolution by which the same was authorised, or otherwise howsoever ; Provided that this enactment shall not operate either to accelerate or to delay the right of the holder of any such security to demand and enforce paj'ment of the principal monies thereby secured on the day or respective days therein mentioned for payment thereof. IV. And be it enacted and declared, That if any interest or princi- pal due on any such security as aforesaid, be not paid by the said Railway Company on the day and at the place appointed for payment thereof, and if the Canada Company shall neglect for sixty days after notice in writing by the holder of any such security, to enter into possession of the said Railway, or appoint a Receiver of the Rates and Tolls and other profits of the said Railway and works, under and by virtue of the aforesaid mortgage, then in such case the holder of such security (without prejudice to his right to sue for the interest or principal so in arrear, in any of the Superior Courts of Law or Equity) may if his debt amount to the sum of five thousand pounds alone, or, if his debt do not amount to the sum of five thousand pounds, may in con- junction with other creditors of the said Railway Company holding any such securities as aforesaid, whose debts on such securities being so in arrear after such demand as aforesaid, shall together with his amount to the sum of five thousand pounds, require the appointment of a Receiver by an application to be made to the Court of Chancery at Toronto, in a summary manner without suit, and on any such appli- cation, it shall be lawful for such Court, after hearing the parties, or giving them an opportunity to be heard, to appoint some person to receive tlie whole or a competent part of the Tolls or sums liable to the payment of such interest, or principal and interest, until the same, together with all costs, including the charges of receiving the Tolls or sums aforesaid, shall be fully paid ; and upon such appointment being made, all such Tolls and sums of money as aforesaid, shall be paid to, and received by the person so be appointed, and the monies so to be received shall be so much money received by or to the use of the party or parties to whom such interest or principal and interest shall be then 5* h k k ill i n ft I H k I'i ii m «F BTi ifb » Ik soi }OC oi iryj Mi {}i si» )»( Bit f D due, and on whose behalf such Receiver shall be appointed, and after- such interest or principal and interest and costs shall have been so received, the power of such Receiver shall cease : Provided always, that during the possession of any such Receiver, it shall be lawful for the said Court af Chancery from time to time, on the application of any creditor or creditors of the said Railway Company under any such security as aforesaid, whose interest or principal, or both, shall be in arrear, by order to direct that such last-mentioned creditor or creditors shall be entitled to the benefit of such Receivership from the time of the service of the same order on such Receiver, and upon such order being so made, and served on such Receiver, the creditor or credit- ors mentioned therein shall thenceforth be entitled to the benefit of such Receivership, in the same manner as if he or they had joined in the original application for the appointment of the Receiver. V. Provided always, and it is hereby enacted and declared. That every appointment of a Receiver to be made as aforesaid, and also every Mortgage or other specific lien or charge on all or any part of the present or future property, tolls or credits of the said Railway Company, shall be subject to the right of the said Canada Company under the said Mortgage Deed to enter upon, take possession of, or otherwise deal with the property included in or charged by the said Mortgage, or expressed or intended so to be ; and if the said Canada Company shall think fit to have a Receiver of the tolls and profits of the said undertaking appointed on their behalf, as such Mortgagees, the said Canada Com- pany may apply to the Court of Chancery, and procure the dismissal of any Receiver appointed by the said Court as aforesaid, in a summary manner and without suit: Provided, nevertheless, that the said Mort- gage Security to the said Canada Company shall be held and enforced by the said Canada Company, in trust for the benefit not only of the said Bondholders, to the amount of two hundred and seventy-five thousand pounds sterling, but also of the holders of all other bonds, debentures or securities of the said Railway Company, which shall be lawfully issued by the said Railway Company, and shall be expressed to be issued or made on the security of the said Mortgage, rateably and in proportion to the sums which for the time being shall have become actually due and payable thereon for interest or principal, or both. VI. And be it declared and enacted. That the third Clause cf the Toronto and Guelph Railway Act of one thousand eight hundred and fifty-one, or anything in that Clause or in this Act expressed^ does not in 6 * any respect take away, lessen, restrict, prejudice, or otherwise affect any of the powers, authorities, indemnities, rights and privileges which are granted and conferred by and may be had, exercised and enjoyed by virtue of the incorporation with that Act, of such of the Clauses of the Railway Clauses Consolidation Act, as in and by the Fourth Clause of the Toronto and Guelph Railway Act of one thousand eight hundred and fifty-one are expressed to be and are incorporated with that Act. VII. And be it enacted and declared. That at the next annual general meeting of the said Company, and at every annual general meeting thereafter, six of the thirteen elected Directors of the said Company shall annually retire in rotation, the selection of the first six to retire being decided by lot, or in such other manner as shall be provided by the Directors of the said Company by rule or regulation in that behalf to be passed, but the Directors so from time to time retiring shall be eligible for re-election ; and all votes hereafter to be given at annual or general or special meetings of Proprietors in respect of the stock subscribed, or hereafter to be subscribed, by Municipal Corporations, shall be given by the Mayor or Reeve of such Municipal Corporations respectively, under and subject to such resolutions as shall from time to time in that behalf be made by such Municipal Corporations respectively. VIII. And be it enacted. That it shall and may be lawful for the Directors of the said Company for the time being, to issue shares for stock to be subscribed in England, or elsewhere, in such amounts respectively of sterling money of Great Britain as to such Directors shall from time to time seem fit, and to make the dividends thereon payable in like sterling money in England, or elsewhere, at such place or places as to such Directors shall from time to time seem fit, and to regulate from time to time the number of votes which the holders for the time being of such shares to be issued in England, or elsewhere, shall have respectively, relatively to the amount of stock held by the respective Proprietors for the time being of such shares to be issued in England, or elsewhere, and in the proportion which the amount of a share issued in Canada shall bear to the amount of a share issued in England, or as near as possible thereto as the difference between cur- rency and sterling will permit, and from time to time to appoint agents of the said Company in England, or elsewhere, and to delegate to such agents such powers as to the Directors of the said Company shall from time to time seem fit, and to make such rules and regulations as to the Directors of the said Company shall from time to time seem fit, as to the issuing of such shares in England, or elsewhere, and as to the mode, time and place or places of transfer of such shares, and as to the mode, time and place of paying the dividends from time to time accruing there- on, and otherwise, as shall be deemed requisite or beneficial for giving full effect to the power hereby vested in the Directors of the said Com- pany, in respect of issuing such shares in England or elsewhere. IX. And be it enacted and declared, That all calls upon the Capital Stock of the Toronto and Guelph Railway Company, already made, or which hereafter shall be made, the amount of which respectively has been prescribed, or which hereafter shall be prescribed by any By-law passed or to be passed at a general meeting of the Shareholders of the said Company, and of which due notice shall have been given in accord- ance with the provisions of the Railway Clauses Consolidation Act, shall be, and the same are hereby declared to be good and valid calls, in the same manner as if the maximum limit of the amount of such calls respectively had been prescribed in the said Act, intituled. An Act to incorporate the Toronto and Guelph Raihoay Company^ or in this Act. X. And be it enacted. That this Act shall be construed as if the same formed part of the said Act, intituled. An Act to Incorporate the Toronto and Guelph Railway Company^ and that the several clauses of the Railway Clauses Consolidation Act, mentioned in the fourth Clause of the said Act to incorporate the Toronto and Guelph Railway Company^ shall be, and the same are hereby declared to be incorporated with this Act, and that in reciting for any purpose the said Act to incorporate the Toronto and Guelph Railway Company, it shall be sufficient to use the expression. The Toronto arul Guelph Railway Company Act. And in reciting this Act, it shall be sufficient to use the expression. The Toronto and Guelph Railway Amendment Act of 1 852. XI. And be if enacted and declared, That it shall and may be lawful for the said Toronto and Guelph Railway Company to extend their said Railway from the Town of Guelph, and to construct a single, double, or other line of Railway westerly from the said Town of Guelph through the Village of Stratford, and to the waters of the River St. Clair at the Port of Sarnia, and to make and erect all necessary erections, works and buildings, for the proper use and enjoyment of such extension^ and for that purpose to raise in such manner by loan, subscription of stock, issuing of shares or otherwise, as to the Directors of the said Company for the time being shall seem fit^ a further sum of one million Pounds, Provin- cial currency, or such further amount of Capital as shall from time to 8 * lime be deemed to be necessary for the proper and efficient construction, maintenance and working of such extension ; and that all clauses of the Railway Clauses Consolidation Act which are incorporated with, or made part of the said Act incorporating the Toronto and Guelph Rail- way Company, and which are incorporated with or made part of this Act for the purpose of or in relation to the said Railway from the City of Toronto to the Town of Guelph, shall be, and the same are hereby declared to be incorporated with this Act for the purpose of constructing, maintaining and working the extension by this Clause authorized to be constructed westerly as aforesaid from the Town of Guelph, and that all the powers, authorities, indemnities, rights and privileges which from and after the passing of this Act shall and may be had, exercised and enjoyed by the said Toronto and Guelph Railway Company, and the Directors thereof respectively, in respect of the Railway authorised to be constructed by the said Company from the City of Toronto to the Town of Guelph, shall be had, held, exercised and enjoyed by the said Company, and by the Directors thereof respectively, for the better and more effectual constructing, maintaining and working the extension by tliis Clause authorised to be constructed westerly from the said Town of Guelph, in the same manner and to the same extent as if such several and respective powers, authorities, indemnities, rights, and privileges were herein separately, severally, distinctly and at large re-enacted or declared in respect of or for tlie purpose of or in relation to the constructing, maintaining and working the said extension by this Clause authorised to be constructed or intended so to be. XII. And be it enacted, That this Act shall be deemed to be a Public Act, and shall be judicially taken notice of as such by all Judges, Justices and others. CORPORATION OF TORONTO AN ACT TO AUTHORIZE THE CORPORATION OF THE CITY OF TORONTO TO SUBSCRIBE FOR STOCK IN THE TORONTO AND GUELPH RAILWAY COMPANY, TO THE AMOUNT OF ONE HUNDRED THOUSAND POUNDS. Passed December 1st, 1851. Whereas, by the Railway Clauses Consolidation Act, it was amongst other things enacted, that the Municipal Corporations in this Province might subscribe for any number of shares in the Capital Stock of anv Railway Company which should by any Act of the Parliament of this Province be thereafter incorporated ; or lend to or guarantee the payment of any sum of money borrowed by the said Company from any corpora- tion or peison, or endorse or guarantee the payment of any Debenture to be issued by the Company for the money by them borrowed, and should have power to assess and levy from time to lime upon the whole rateable properly of the Municipality a sufficient sum for them to dis- charge the debt or engagement so contracted, and for the like purpose to issue Debentures, payable at such lime and for such sum respectively — not less than Five Pounds, Currency — and bearing or not bearing interest, as such Municipal Corporation may think meet ; and that any such Debenture issued, endorsed or guaranteed should be valid and binding on such Municipal Corporation if signed or endorsed, and countersigned by such officer or person, and in such manner and form as should be directed by any By-Law of such Corporation, and that the Corporation seal thereto should not be necessary. iiGr the observance of any other form with regard to the said Debentures, than such as should be directed in such By-Law as aforesaid. And also, that no Municipal Corporation should subscribe for Stock, or incur any debt or liability under the said Act, or the Special Act incorporating the said Company, unless and until a By-Law to that effect should have been duly made and adopted. 54 U with the consent first had of a majority of the qualified Electors of the Municipality, to be ascertained in such manner as should be determined by the said By-Law, after public advertisement thereof containing a copy of such By-Law, inserted at least four times in each newspaper printed within the limits of the Municipality ; or if none be printed therein, then in one or more newspaper printed in the nearest City or Town thereto, and circulated therein, and also put up in at least four of the most public places in each Municipality. And also, that the Mayor, Warden or Reeve, being the head of such Municipal Corporation subscribing for and holding Stock in the said Company to the amount of Five Thousand Pounds, or upwards, should be and continue to be ex-officio one of the Directors of the said Company, in addition to the number of Directors authorized by the Special Act incor- porating the same, and should have the same rights, powers, and duties as any of the Directors of the said Company : And whereas, by a certain Act of the Legislature of this Province, passed during the last Session, a Company was incorporated for the purpose of constructing a Railroad from the waters of Lake Ontario within the limits of the City of Toronto to the Town of Guelph, to be called the “ Toronto and Guelph Railway Company,^* and the provi- sions of the Railway Clauses Consolidation Act hereinbefore recited were amongst others incorporated in the said last-mentioned Act: And whereas at a public meeting of the Citizens of Toronto, convened by the Mayor of the said City, upon a requisition of the inhabitants thereof, and held at the St. Lawrence Hall on the second day of October, 1851, it was resolved that — It is the opinion of this meeting that the Corporation of the City of Toronto should, without delay, subscribe for Stock in the Books of the ‘Toronto and Guelph Railroad Company,’ to the amount of £100,000 And whereas the construction oLthe said Railway will attract to the said City a new, important and extensive trade, and will promote the prosperity, and increase the wealth of the said City, and it is deemed advisable that the said City of Toronto should subscribe for the said number of Shares in the said Capital Stock of the said Company, and should issue Debentures to the amount of One Hundred Thousand Pounds for the payment thereof : Be it therefore enacted by the Mayor, Aldermen and Commonalty of the City of Toronto, That it shall and may be lawful for the Mayor of the said City of Toronto, to subscribe for Stock in the said Toronto and Guelph Railway Company, to the amount of One Hundred Thousand Pounds for and in behalf of the said City of Toronto, and for payment of the said Stock it shall and may be lawful for, and it shall be the duty of the Mayor, for the time being, of the said City, to raise by way of loan, at a rate of interest not exceeding six per centum per annum, from any person or persons, bodies politic or corporate, who may be willing to lend the same upon the security of the Debentures hereinafter men- tioned, a sum or sums of money not exceeding in the whole the said sum of One Hundred 1 housand Pounds, and to cause the same to be paid into the hands of the Chamberlain of the said City of Toronto for the time being, to be by him applied under the direction of the Common Council of the said City of Toronto, for the time being, in paying the instalments upon the said Stock so subscribed as the same may be called in or become due and payable ; or to cause to be issued Debentures for the said sum of One Hundred Thousand Pounds, in the manner hereinafter provided, with interest payable half yearly, and to cause such Deben- tures to bo delivered to the said Toronto and Guelph Railway Company, as, and when such calls or instalments upon the Capital Stock of the said Company shall be made or become due and payable under and by virtue of the Act incorporating the said Company, in payment and satisfaction of the said calls upon the said Stock so subscribed for in the said Company. 2. That it shall be the duty of the Mayor of the City of Toronto, for the time being, from time to time, to cause any number of Deben- tures to be made out in such amounts as to him shall seem fit, and not exceeding in the whole the said sum of One Hundred Thousand Pounds, which said Debentures shall be under the common seal of the said City of Toronto, signed by the Mayor and countersigned by the Chamberlain, for the time being, of the said City of Toronto, and shall bear interest not exceeding six per centum per annum, payable half-yearly, and shall be made redeemable at the Bank of Upper Canada, in Toronto : Provided always, that none of the said Debentures shall be for a less sum than j£25, nor payable at a more remote period than twenty years from the issuing thereof. And provided further, that it shall and may be lawful for the said City of Toronto, at any time or times, when it may be deemed advisable so to do, to redeem any of the said Debentures before the same may become due, either by sale of the whole or any part of the Capital Stock so subscribed f »r as aforesaid, or which may, from time to time, be held by the said City of Toronto, or out of any funds which may from time to time be at the disposal of the said Common Council of the said City of Toronto, and not otherwise appropriated, upon giving six months’ notice of their intention to redeem the same, in two or more of the public newspapers of the said City of Toionto. 3. That the dividends from time to time paid upon the Stock so subscribed for in the said Toronto and Guelph Railway Company, and received by the said City of Toronto, shall be applied under the oireclion of the Common Council of the said City of Toronto, in the first place, in payment of the interest accruing upon the said Debentures, and tho surplus in the redemption of such of the said Debentures as the said Common Council may Irom time to time think fit to redeem. 4. That for the payment of the half-yearly interest from time to time accruing, due and payable upon the said Debentures respectively, there shall he raised, levied, and collected, in each and every year, an equal rate in the pound upon the assessed value of all tho rateable property in the said City of Toronto, and the liberties thereof, over and above all other rates and taxes, sufficient to pay the said half-yearly interest, or so much thereof os shall not be met or paid by the dividends from time to time received upon the said Stock in the said Company, and such rate shall be collected and paid over to the said Cham- berlain of the said City for the time being, at the same lime and in the same manner as other rates are collected and paid over. And for the payment and redemption of the principal money secured by the said Debentures, there shall be raised, levied, and collected in the year next before such Debentures shall respectively fall due, an equal rate in the pound upon the assessed value of all rateable property in the said City of Toronto and the liberties thereof, over and above all other rates and taxes whatsoever, sufficient to pay the principal money secured by such Debentures so respectively falling due as afoiesaid,or so much of said part thereof as shall remain unpaid after the surplus of the dividend hereinbefore mentioned and appropriated shall have been applied in liquidation thereof, or by a loan to be raised upon other Debentures, to be issued for such sums, redeemable at such periods as by an act of the Common Council of the said City of Toronto may be declared and enacted. 5. That for the purpose of obtaining the assent or dissent of the qualified Electors of the said City of Toronto to this By-Law, in pur- suance of the provisions of the said Railway Clauses Consolidation Act, hereinbefore recited, it shall be the duty of the Mayor of the said City of 67 » il id 111 91 et iij| I ev in « k oil il m ii ioii OK i(« BK o(i ks oik BJ) 11^ lif '¥ Toronto, to cause such By-Law to be published at least four times in each and every newspaper printed in the said City of Toronto, and to cause copies thereof to be put up and aflixed at the St. Lawrence Hall, the corner of Yonge and Clueen Streets, the Court-House, and St. Patrick’s Market — being four of the most public places in the said City of Toronto — and to cause a Poll to be opened, held, and taken, at such place and time, in each of the Wards of the said (^ity of Toronto, as may by proclamation under his hand be appointed, and in the same manner as a Poll \vould be taken for the election of Aldermen and Common Councilmen for the said City, at which the qualified Eloctois of the said City of Toronto may record their voles in favour or against the said By-Law : Provided always, that such Polls shall not be opened until after the publication of the said By-Law, according to the provisions of the said Railway Clauses Consolidation Act, hereinbefore in part recited. (Signed,) JOHN G. BOWES, Mayor. Common Council Chamber, Toronto, December 1st, 1851, [Seal.] (Signed,) A. T. McCORD, Chamberlain. We, Charles Daly, Clerk, and Andrew T. McCord, Chamberlain, of the Corporation of the City of Toronto, do hereby certify that the above is a true copy of a By-Law passed by the Mayor, Aldermen) and Comme nally of the City of Toronto, authorising the subscriptions of Stock in the Toronto and Guelph Railway Company by and on behalt of the Corporation of the City of I'oronto ; and that the said By-Law w^as introduced into the Council of the said Corporation of the City of Toronto on the Ninth day of October, 1851 ; was read a second time on the Seventeenth day of October ; was duly advertised in all the i newspapers published in the City of Toronto, from the Twentieth day of October to the Seventeenth day of November, and by a Proclamation of John G. Bowes, Esquire, Mayor of the said City of Toronto, bearing date the Eleventh day of November, and published in the manner required by the Railway Clauses Consolidation Act ; w^as referred to the qualified Electors of the said Municpal Corporation of Toronto, for their approval, on the Eighteenth and Nineteenth days of November, and having been then and there approved by a majority of such Electors, the said By-Law was finally passed by the Mayor, Aldermen, and Commonalty of the City of Toronto, in Council assembled, upon the First day of December, 1851 ; and the Corporate Seal of the said City of Toronto is affixed to the original By-Law, which is filed among the Records of the said Corporation of the City of Toronto. CHARLES DALY, Clerk Common Council. A. T. McCORD, Chcmberlain. BY-LAW, No. 19, OF THE TOWN OF GUELPH, TO AUTHORIZE THE MUNICIPALITY OF THE TOWN OF GUELPH TO SUBSCRIBE FOR STOCK IN “ THE TORONTO AND GUELPH RAILWAY COMPANY,** TO THE AMOUNT OF £95,000. Whereas by the Railway Clauses Consolidation Act, it was, among other things, enacted, that the Municipal Corporations in this Province might subscribe for any number of Shares in the Capital Stock of any Railway Company which should by any Act of Parliament of this Province be thereafter incorporated and authorized to construct a Railway in this Province ; or lend to, or guarantee the payment of, any sum of money by the said Company from any Corporation, or person ; or endorse, or guarantee the payment of, any Debentures to be issued by the Company for the money by them borrowed ; and should have power to assess and levy from time to time upon the whole rateable property of the Municipality, a sufficient sum for them to discharge the debt or engager ment so contracted ; and for the like purpose to issue Debentures, payable at such times, and for such sums respectively (not less than Five Pounds, Currency,) and bearing or not bearing interest, as such Municipal Cor- porations may think meet, and that any such Debenture issued, endorsed, or guaranteed, should be valid and binding on such Municipal Corpora- tion, if signed, or endorsed, and countersigned, by such officer or person, and in such manner and form as should be directed by any By-law of such Corporation, and that the Corporation Seal thereto should not be necessary, nor the observance of any other form with regard to the said Debentures, than such as should be directed in such By-law as aforesaid ; and also, that no Municipal Corporation should subscribe for Stock, or incur any debt or liability under the said Act, or the Special Act incorporating the said Company, unless, and until, a By-law to that effect should have been duly made and adopted, with the consent firs^ 60 had of the majority of the qualified electors of the Municipality, to ascertained in such manner as should be determined by the said By-Ia\V< after public odvertisement thereof, containing a copy of such proposed By-law, inserted at least four times in each newspaper printed within i ' the limits of the said Municipality ; or if none be printed tlierein, then in one or more newspapers printed in the nearest City or lown thereto? and circulated therein, and also put up in at least four of the most public places in each Municipality : and also that the Mayor, Warden^ !; or Reeve, being the head of each Municipal Corporation subscribing for and holding stock in the said Company, to the amount of Five Thousand Pounds and upwards, should be, and continue to be, ex-officio^ one of the ;! • Directors of the said Company, in addition to the number of Directors authorized by the Special Act incorporating the same, and should have the same rights, powers, and duties as any of the Directors of the said Company. And whereas, by a certain Act of the Legislature of this Province, passed during the last session, a Company was incorporated for the purpose of constructing a Railway from the waters of Lake Ontario, within the limits of the City of Toronto, to the Town of Guelph, to be called “ The Toronto and Guelph Railway Company,” and the Pro- vision of the Railway Clauses Consolidation Act herein before recited, were, amongst others, incorporated in the said last mentioned Act And whereas the construction of the said Railway — generally bene- ficial as it must prove to the whole section of country through which it may pass — is likely to enhance in an eminent degree the wealth and prosperity of the Town of Guelph, as one of the termini thereof : and it is therefore deemed advisable that the Municipality of the said Town (r of Guelph should subscribe for Stock in the Books of the said Toronto ? and Guelph Railway Company, to the amount of Twenty-five Thousand Pounds, and should issue Debentures to that amount for the payment thereof ; 1. Be it therefore enacted by the Municipality of the Town of Guelph, That it shall and may be lawful for the Town Reeve of the said Town of Guelph to subscribe for Stock in the said Toronto and Guelph Railway Company, to the amount of Twenty-five Thousand Pounds, for and on behalf of the said Municipality of the said Town of Guelph; and for the payment of the said Stock, it shall and may be lawful for, and it shall be the duty of, the Town Reeve for the lime being of the said Town of Guelph, to raise by way of loan, at a rate of interest not 61 u exceeding six per cent, per annum, from any person or persons whom- soever, bodies politic or corporate, who may be willing to lend the same, upon the security of the Debentures hereinafter mentioned, a sum or sums of money, not exceeding in the whole the said sum of Twenty- five Thousand Pounds, and to cause the same to be paid into the hands of the Treasurer of the said Municipality for the time being, to be applied, under the direction of the said Municipality of the said '1‘own of Guelph, for the time being, in paying the instalments upon thp said Stock so subscribed, as the same may'be called in or become due and payable, or to cause to be issued Debentures of the said Municipality for the said sum of Twenty-five 1 housand Pounds, in the manner hereinafter provided, with interest payable half-yearly, and to cause such Deben- tures to be delivered to the said 'Joronlo and Guelph Railway Company, as and when such calls or instalments upon the Capital Stock of the said Company shall be made or become due and payable, under and by virtue of the Act incorporating the said Company, in payment and satisfaction of the said calls upon the said Stock so subscribed for in the said Company. 2. That it shall be the duty of the Toum Reeve of the said Town of Guelph for the time being — from time to time to cause any number of Debentures to be made out, as caUs shall be made upon the Stock of the said Company, for the purpose of meeting such calls in such amounts as to him shall seem fit, and not exceeding in the whole the said sum of Tw’enty-five Thousand Pounds, which said Debentures shall be under the Common Seal of the said Municipality of the Town of Guelph, signed by the 'fown Reeve and countersigned by the Treasurer for the time being of the said 'Pown of Guelph, and shall bear interest not exceeding six per cent, per annum, payable half-yearly, and shall be made redeemable at the Rank of Upper Canada in Toronto. Provided always, that none of the said Debentures shall be for a sum less than X 25, nor payable at less than ten years* date, nor at more remote periods than twenty years from the issuing thereof. And Provided further, that it shall and may be lawful for the said Muni- cipality of the said Town of Guelph, at any tim^* or times w hen it may be deemed advisable so to do, to redeem any of the said Debentures before the same may become due, either by sale of the whole or any part of the Capital Stock so subscribed for as aforesaid, or w’hich may from time to time be held by the said Municipality of the Town of Guelph, or out of any funds which may — from time to time — be at the disposal 1 62 of the said Municipality, and not otherwise appropriated, upon giving eix months’ notice of their intention to redeem the same in two or more public Newspapers published in the Town of Guelph, 3. That the Dividends from time to time paid upon the Stock so subscribed for in the said Toronto and Guelph Railway Company, and received by the said Municipality, shall be applied, under the direction of the said Municipality in the first place, in the payment of the interest accruing upon the said Debentures as the said Municipality may from time to time think fit to redeem. 4. That, for the payment of the half-yearly interest from time to time accruing, due, and payable upon the said Debentures respectively, there shall be raised, levied, and collected in each and every year, an equal rate in the pound upon the assessed value of all the rateable property in the said Town of Guelph, over and above all other rates and taxes, sufficient to pay the said half yearly interest, or so much thereof as shall not be met or paid by the dividends from time to time received upon the said Stock in the said Company ; and such rate shall be col- lected and paid over to the said Treasurer of the said Towm of Guelph for the time being, at the same time and in the same manner as other rates are collected and paid over. And, for the payment and redemption of the principal money secured by the said Debentures, there shall be raised, levied and collected in the« year next before such Debentures shall respectively fall due, an equal rate in the pound upon the assessed value of all rateable property in the said Municipality, over and above all other rates and taxes whatsoever, suffi- cient to pay the principal money secured by such Debentures so respectively falling due as aforesaid, or so much or such part thereof as shall remain unpaid after the surplus of the dividends hereinbefore mentioned and appropriated, or any other fund at the disposal of the Municipality, shall have been applied in liquidation thereof, or the necessary amount, or any part thereof, may be raised by a loan to be raised upon other Debentures to be issued for such sums, redeemable at such periods as by a By-Law of the Municipality may be declared and enacted. 5. That the holders of a receipt or receipts for sums amounting to hot less than Five Pounds, or multiples of Five Pounds, levied and paid on account of any Railway tax for “ The Toronto and Guelph Railway Company,” shall from time to time be entitled to receive f om the said Municipality, within thirty days after demand, scrip or certificate of Stock in the said Railway Company to the same amount, if the fcitock at the disposal of the said Municipality be sufficient for such purpose, and if not, the amount of receipt sufficient to entitle the holders to scrip or certificate of Stock for £5, or multiples of £5, shall be ratcably higher : and that the difierent collectors shall be bound to give to each ratepayer separate receipts for every sum paid for or on account of any tax for the 'Foronto and Guelph Uailway Company: Provided always, that it shall be lawful for the said Municipality to give to any such holder of receipt or receipts Debentures of the said Municipality, payable at twenty years with interest half-yearly, instead of such Railway scrip or certificate, in their discretion. 6. 1 hat, for the purpose of obtaining the consent or dissent of the qualified Klectors of the said Town of Guelph to this By Law, in pursu- ance of the Provisions of the said Railway Clauses Consolidation Act. hereinbefore recited, it shall and may be the duty of the said Town Reeve of the said Town of Guelph to cause public advertisement of such By-Law, with a copy thereof, to be made and published at least Four times in each and every newspaper printed in the said Town of Guelph, and to cause copies thereof to be put up and affixed at the Court House, the Post Office, the British Hotel, the Wellington Hotel, being four of the most public places in the said Town of Guelph, and to cause a Poll to be opened, held, and taken at such place or places, and at such time, in the said Town, as by proclamation under his hand may be appointed, and m the same manner as a Poll would be taken for the election of M unicipal Councillors for the said Town, at which the qualified Electors of the said T*)wn of Guelph may record their votes in favour of or against the said By-Law: Provided always, that such Polls shall not be open until after the expiration of the publication of the said By Law, according to the Provisions of the said Railway Clauses Consolidation Act, hereinbefore in part recited. 1, James Hough, Clerk of the Municipal Council of the Town of Guelph, do hereby certify that the above is a true copy of a By-Law passed by the Municipal Council of the Town of Guelph, authorising tile subscription for Stock in the Toronto and Guelph Railway Company , and that the said By-Law was introduced into the said Council, and read twice, on the Seventeenth day of November, 1851 j was duly advertised in the Guelph Herald from November 18th to December 16th, 64 in the Guelph Advertiser from November 20lh to December 18th. 1851 ; and by a Proclamation of Samuel Smith, Esq , Keeve of said To'vn of Guelph, bearing date the First day of December, 1851, and duly pub- lished in the manner by the “ Uaihvay Clauses Consolidation Act” directed ; was referred to the qualified Electors of the said Municipality, for their approval, on the !2th and 13th of December ; and having been then and there approved by a majority of votes of such Electors, the said By-Law was finally passed by the Municipal Council of the said Town of Guelph, on the I wenty-sixth day of December, 1851 ; and that the Corporate Seal is aflixed thereto j and that the said By-Law is — (Signed.) [0€al.] SAMUEL SMITH, Reeve ; JAMES DOUGH, Town Clerk ; And filed among the Bccords of the Municipality. Guelph, 20th March, 1852. JAMES HOUGH, I Town Clf.rk. MUNICIPALITY OF THE TOWNSHIP OF GUELPH. BY-LAW TO AUTnORIZK THE MUNICIPAL CORPORATION OF THE TOWN- SHIP OF GUELPH lO SUIISCRIBE FOR STOCK IN “THE TORONTO AND GUELPH RAILWAY COMPANY,*' TO THE AMOUNT OF jClO.OOO. Whereas, by the Railway Clauses Consolidation Act, it was, amongst other things, enacted, that the Municipal Corporations in this Province might subscribe for any number of Shares in the Capital Stock of any Railway Company which should, by any Act of Parliarmmt of this Province, be thereafler incorporated ; cr lend to, or guarantee the payment of, any sum of money borrowed by the said Company from any Corporation, or person ; or endorse, or guarantee the payment of, any Debentures to I elssued by the Company lor the money by them bor- rowed ; and should have power to assess and levy from time to time upon the whole rateable property of the Municipality, a sufficient sum for them to discharge the debt or engagement so contracted ; and for the like purpose to issue Eebentures, payable at such times and for such sum. respectively, not less than Five Pounds Currency, and bearing or not bearing interest, as such Municipal Corporation may think meet, and that any such Debenture issued, endorsed, or guaranteed, should- be valid and binding upon such Muni.ipal Corporatio.i ff signed, or endorsed, and countersigned, by such officer or person, and in such manner and form as shall be directed by any By-Law of such Corpo- ration, and that the Corporation Seal thereto should not be necessary, nor the observance of any other form with regard to the said Debentures, than such as should be directed in such By-Law as aforesaid , and also, that no Municipal Corporation should subscribe for Stock, or incur any debt or liability under the said Act, or the Special Act incorporating the. said Company, unless and until a By-Law to that effect should have been duly made and adopted, with the consent first had of a majority of the qualified F2lectors of the Municipality, to be ascertained in such manner as should be determined by the said Ity-Law, after public advertisement thereof, containing a copy of su. h By-Law, inserted at least four times in each newspaper printed within the limits of the sa.d Municipality, or if none be printed therein, then in one or more news- papers printed in the nearest City or I own thereto, and circulated therein, and also put up in at least four of the most public places in each Municipality ; and also, that the Mayor, Warden, or Reeve, being the head of such Municipal Corporation subscribing for and holding Stock in the said Company, to the amount of Five I housand Pounds or upwards, should be, and continue to be, cx officio^ one of the Directors of the said Company, in addition to the number of Directors authorized by the Special Act incorporating the same, and should Irave the same rights, powers, and duties, as any of the Directors of the said Company ; And whereas, by a certain Act of the Legislature of this Province, passed during the last Session, a ( ompany’ was incorporated for the purpose of constructing a Railroad from the waters of Lake Ontario, within the limits of the City of 'l oronto, to the 1 own of Guelph, lo be called “The Toronto and Guelph Railway Company,” and the Provi- sions of the Railway Clauses Consolidation Act hereinbefore recited, were, amongst others, incorporated in the said last mentioned Act ; And whereas the construction of the said Railway, while it cannot fail to be highly beneficial to the country generally through which it will pass, is likely to promote, in an eminent degree, the wealth and resources of the said Towmship of ^^uelph ; and it is consequently deemed advisable that the Municipal Corporation of the said 1 ownship should subscribe for Stock in tlie Books of the said Toronto and Guelph Rail- road Company, to the amount of Ten 7'housand Pounds, and should issue Debentures to that amount for the payment thereof j Be it therefore enacted, by the Municipal Council of the Township of Guelph, held under and by virtue of the authority of the Act 12th Vic., chap. 81, and fourth section of said Act, intituled ‘‘An Act to provide by one general Law for the erection of Municipal Corporations, and the establishment of Regulations of Police in and for the several Counties, Cities, Towns, Townships, and Villages in Upper Canada;** and it is hereby enacted by the authority of the same, 1 hat it shall and may be lawful for the Reeve of the said Township of Guelph to subscribe 67 for Stock in the said Toronto and Guelph Railway Company to the amount of Ten Thousand Pounds, for and on behalf of the said xMunici- pality of the said Township of Guelph; and for payment of the said Stock it shall and may be lawful for, and it shall be the duty of the Reeve, for the time being, of the said 'township, to raise by way ofa loan, at a rate of interest not exceeding six per cent, per annum, from any person or persons, bodies politic or corporate, who may be willing to lend the same upon the security of the Debentures hereinafter mentioned, a sum or sums of money not exceeding in the whole the said sum of Ten I’housand Pounds, and to cause the same to be paid into the hands of the Treasurer of the Company, to be applied under the direc- tion of the Municipal Council of the said 1 ownship of Guelph for the time being, in paying the instalments upon the said Stock so subscribed as the same may be called in or become due and payable ; or to cause to be issued Debentures for the said sum of den Thousand Pounds, in the manner hereinafter provided, with interest payable half-yearly, and to cause such Debentures to be delivered to the said Toronto and Guelph Railway Company, as and when such calls or instalments upon the Capital Stock of the said Company shall be made or become duo and payable, under and by virtue of the Act incorporating the said Company, in payment and satisfaction of the said calls upon the said Stock so subscribed for in the said Company. 2. And be it further enacted. That it shall be the duty of the Reeve of the said 'I’ownship of Guelph for the time being, from time to time to cause any number of Debentures to he made out, in such amounts as to him shall seem fit, and not exceeding in the whole the said sum of Ten Thousand Pounds, which said Debentures shall be under the common Seal of the said Municipal Corj>oration of the Township of Guelph, signed by the Reeve, and countersigned by the Treasurer for the time being of the said Township of Guelph, and shall bear interest not exceeding six per cent, per annum, payable half-yearly, and shall be made redeemable at the Bank of Upper Canada in Toronto : Provided always, that none cf the said Debentures shall be for a less sum than £25, nor payable at more remote periods than twenty years from the issuing thereof; and provided further, that it shall and may be lawful for the said Municipal Corporation of the said Township of Guelph, at any time or times when it may be deemed advisable so to do, to redeem any of the said Debentures before the same may become due, either by sale of the whole or any part of the Capital Stock so subscribed for as afor^^ i ^ 68 said, or wliich may from time to time be held by the said Municipal Corporation of the Township of Guelph, or out of any funds which may from time to time be at the disposal of the said Municipal Counci ofthe said Township of Guelph, and not otherwise appropriated, upon giving six months’ notice of their intention to redeem the same, m two or more public newspapers published in the I own of Guelph. 3 And be it further enacted. That the dividends from time to time paid upon the Stock so subscribed for in the said Toronto and Guelph Railway Company, and received by the said Company, shall be applied, under the direction of the said Municipal Council of the Township of Guelph, in the first place, in payment of the interest accruing upon the said Debentures, and the surplus in the redemption of such of the said Debentures as the said Municipal Council may from time to time think fit to redeem. 4 And be it further enacted. That for the payment of the half- yearly interest from time to time accruing, due, and payable upon the said Debentures respectively, there shall be raised, levied, and collected, in each and every year, an equal rate in the pound upon the assessed value of all the rateable property in the said 'I’ownship, over and above all other rates and taxes, sufficient to pay the said half-yearly interest, or so much thereof as shall not be met or paid by the dividends from time to time received upon the said Stock in the said Company ; and such rate shall be collected and paid ever to the said Treasurer ofthe said 'I'ownship for the lime being, at the same time, and in the same manner, as other rales are collected and paid over. And for the payment and redemption of the principal money secured by the said Debentures, there shall be raised, levied and collected, in the year next before such Debentures shall respectively fall due, an equal rate in the pound upon the assessed value of all rateable property in the said 'I’ownship, over and above all other rates and taxes whatso- ever, sufficient to pay the piincipal money secured by such Debentures so respectively falling due as aforesaid, or so much or such part thereof as shall remain unpaid after the surplus of the dividends hereinbefore mentioned and appropriated shall have been applied in liquidation thereof, or by a loan lobe raised upon other Debentures, to be issued for such sums, redeemable at such periods, as by a By-Law of the Muni- cipal Council of the said Township of Guelph, may be declared and enacted. 5. And be it further enacted, That for the purpose of obtaining the 69 assent or dissent of the qualified Electors of the said Township of Guelph to this By-Law, in pursuance of the provisions of the said Railway Clauses Consolidation Act hereinbefore recited, it shall be the duty of the Reeve of the said Township of Guelph to cause such By-Law to be published at least four times in each and every newspaper pub- lished and printed in the Town of Guelph, and to cause copies thereof to be put up and affixed at Green’s Tavern, at George Wilson’s Paisley Block, at Blythe’s Tavern, at Marmaduke Stevenson’s and George McFarlane’s Taverns, five of the most public places in the said Town- ship of Guelph, and to cause a Poll to be opened, held, and taken, at such place or places, and at such time in the said Township, as by Proclamation under his hand may be appointed, and in the same manner as a Poll would be taken for the election of Municipal Coun- cillors for the said Township, at which the qualified Electors of the said Township of Guelph may record their votes in favour of or against the said By-Law : Provided always, that such Polls shall not be open until after the publication of the said By-law, according to the provisions of the said Railway Clauses Consolidation Act hereinbefore in part recited. I, Richard Fowler Budd, Clerk of the Municipal Council of the Township of Guelph, do hereby certify that the above, or within, is a true copy of a By-Law passed by the Municipal Council of the said Township of Guelph, authoiising the said Council to subscribe for Stock in the 'J'oronto and Guelph Railway Company, to the amount of £10,000; and that the said By-Law was introduced into the said Council, and was read a first time, on the Tenth day of November, 1851, at Thirty minutes past 1‘hree o’clock, P.M, and was read a second time on the said Tenth day of November, 1851, at Four o’clock, P.M.,^ (which said several readings were duly marked on the original,) which said original By-Law was then amended in Committee, and referred (for a Special Meeting of the Council) for further consideration ; that the said By-Law was duly advertised in the Guelph Herald four several times, in the issues of the said newspaper of the Eleventh, Eighteenth, and Twenty-fifth days of November, and Second day of December, 1851 ; and also in the Guelph Advertiser y K in the issues of tlie said newspaper of the Thirteenth, Twentieth, and Twenty-seventh days of November, and Fourth day of December, 1851 ; and also by a Proclamation of Benjamin Thurtell, Esquire, the Reeve of the said Township of Guelph, bearing date the Twelfth day of November, 1851, and published in five several public places in the said Township, in the manner by the Railway Clauses Consolidation Act directed, and was referred to the qualified Directors of the said Munici- pality for their approval, and a poll w^as kept open for two consecutive days, namely, the Fifteenth and Sixteenth days of December, 1851 j and the said By-Law having been then and there approved by a majority of the votes of such Electors, the said By-Law was finally passed by the Municipal Council of the said Township of Guelph, (at a Special Meeting of the said Council called for the further consideration of the said By-Law,) on Monday, the Twenty-second day of December, 1851 ; and the Corporate Seal of the said .Municipality was then and is affixed to the original By-Law filed among the Records of the said Municipality. (Signed, and Seal affixed,) RICHARD FOWLER BUDD, Clerk to the Municipality of the Township of Guelph. MUNICIPALITY OF THE TOWNSHIP OF CHINGUACOUSY. A BY-LAW TO AUTHORIZE THE MUNICIPALITY OF THE TOWNSHIP OF CHINGUACOUSY TO SUBSCRIBE FOR STOCK IN THE •• TORONTO AND GUELPH RAILWAY COM- PANY,*» TO THE AMOUNT OF TEN THOUSAND POUNDS. Whereas, by the “ Railway Clauses Consolidation Act,’* it was amongst other things enacted, that the Municipal Corporations in this Province might subscribe for any number of shares in the capital stock pf any Railway Company, which should by any Act of Parliament of tliis Province be thereafter incorporated ; or lend to, or guarantee the payment of any sum of money borrowed by the said Company, from any corporation or person, or endorse or guarantee the payment of any deben- tures to be issued by the said Company for the money by them borrowed, and should have power to assess and levy, from time to time, upon the whole rateable property of the Municipality, a sufficient sum for them to discharge the debt or engagement so contracted, and for the like pur- pose to issue debentures payable at such times, and for such sums re- spectively — not less than five pounds currency — and bearing or not bearing interest, as spch Municipal Corporation shall think meet, and that any such debenture, issued, endorsed or guaranteed, shall be valid and binding upon such Municipal Corporation, if signed, or endorsed and countersigned by such officer or person, and in such manner and form as shall be directed by any by-law of such Municipal Corporation, and the corporation seal thereto shall not be necessary, nor the observance of any other form with regard to the debentures, than such as shall be directed in such by-law as aforesaid. And also, that no Municipal Cor- poration should subscribe for stock, or incur any debt or liability, under this Act or the Special Act incorporating the said Company, unless and until a by-law to tliat eflect shall have been duly made and adopted, with the consent first had of a majority ol the qualified electors of the Municipality, to be ascertained in such manner as should be determined by the said by-law, after public advertisement thereof, containing a copy of such proposed by-law, inserted at least four limes in each Newspaper printed within the limits of the municipality, or if none be printed therein, then in one or more Newspapers printed in the nearest city or town thereto, atid circulated therein, and also put up in at least four of the most public places in such Municipality, and also that the said Mayor, Warden or Reeve, being the head of such Municipal Corpora- tion, subscribing for and holding stock in the said Company to the amount of Five Thousand Pounds, or upwards, should be, and continue to be, ex officio^ one of the Directors of the said Company, in addition t© the number of Directors authorized by the Special Act incorporating the same, and should have the same rights, powers, and duties, as any of the Directors of the said Company ; And whereas, by a certain Act of the Legislature of this Province passed during the Session, a Company was incorporated for the purpose of constructing a Railroad from the waters of Lake Ontario, within the limits of the City of Toronto, to the Town of Guelph, to be called The Toronto and Guelph Railway Company,” and the provisions of the Railway Clauses Consolidation Act, hereinbefore recited, were amongst other things incorporated in the said Act, incorporating the said Ccmipany ; And whereas, at a public meeting of the Rate Payers of the Township of Chinguacousy, convened by the Reeve of the said Township, for the purpose of considering the expediency of recommending the Township Council to take stock in the Toronto and Guelph Railway Company, and held at the Court House in the Village of Brampton, in the said Township of Chinguacousy, on the eleventh day of October, 1851, it was resolved, “ That it is the opinion of this meeting, that it is desira- ble that the Council of the Township of Chinguacousy should subscribe for stock in the Toronto and Guelph Railway Company, to the amount of Ten Thousand Pounds, upon the condition that the said Railroad shall pass through the Village of Brampton’’ — And whereas the construction of the said Railway w^ould promote the prosperity and increase the wealth of the section of country through which it would pass, and would be highly beneficial to the inhabitants of the Township of Chinguacousy, if it should pass through the Village of Brampton, and have a depot or station at that Village, and it is deemed advisabk that the Municipal Council of the said Township should subscribe for shares in the capital stock of the said Company, to 73 the amount of Ten Thousand Pounds, upon the condition that the said Railroad should pass through the Village of Brampton, and have a depot or station at that Village. Be it therefore enacted by the Municipality of the Township of Chin, guacousy, That it shall and may be lawful for, and that it shall be the duty of the Reeve for the time being of the said 1 ownship of Chingua- cousy, to subscribe for stock in the said Toronto and Guelph Railway Company — upon the conditions hereinbi fore mentioned — that the said Railroad shall pass through the Village of Brampton, and have a depot or station at that Village, — to the amount of Ten Thousand Pounds, for and in behalf of the Muncipality of the said Township ; and that for payment of the said slock, it shall and may be lawful for, and it shall be the duty of the Reeve for the time being of the said Town- ship, to raise by way of a loan, at a rate of interest not exceeding six per cent, per annum, from any person or persons, body or bodies corpo- rate, who may be willing to lend upon the security of the debentures hereinafter mentioned, a sum or sums of money not ex-ceding in the whole the said sum of Ten Thousand Pounds, and to cause the same to be paid into the han is of the Treasurer for the time beinj^, of the said Township, to be by him applied under the direction of the Munici- pal Council of the said Township, in payment of the sai I stock so as aforesaid subscribed for, as the same may be called in and become due and payable, or to cause to be issued debentures for the said sum of Ten Thousand Pounds, in the manner hereinafter provided, with interest payable yearly, and to cause such debentures from time to time to be delivered to the said Toronto and Guelph Railway Company, as and when the calls and instalments of the capital stock of the said Company shall be made or become due and payable, under and by virtue of the Act incorporating the said Company, in payment and satisfaction of the said calls upon the said stock in the said Company, so as aforesaid sub- scribed for by the Municipality of the said I'ownship of Chinguacousy. 2. That it shall be the duty of the Reeve of the said Township of Chinguacousy, for the time being, from time to time to cause any num- ber of debentures to be made out, in such amounts as to him shall seem fit, and not exceeding in the whole the said sum of Ten t housand Pounds, which said debentures shall be under the common seal of the said Township of Chinguacousy, signed by the Reeve, and counter- signed by the Treasurer, for the time being, of the said Township, and shall bear interest not exceeding six per cent, per annum, payable yearly, and shall be made redeemable at the Bank of Upper Canada, in L Toronto — provided always that none of the said debentures shall be for a less sum than twenty-five pounds, nor be made payable at a more remote period than twenty years, from the issuing of the same respect- ively. And provided further, that it shall and may be lawful for the Municipal Corporation of the said Township of Chinguacousy, at any time or times when it may be deemed advisable so to do, to redeem any of the said debentures before the same may become due respectively, either by the sale of the whole or any part of the capital stock so subscribed for as aforesaid, which may from time to time be held by the Municipality of the said 'I'ownship, or out of any fund which may from time to time be at the disposal of the said Municipality, not otherwise appropriated, upon giving six months’ notice of their intention so to redeem the same, in two or more of the })ublic Newspapers from time to time published in the City of 1 oronto. 3. That dividends from time to time paid upon the stock so sub- scribed for, in the said Toronto and Guelph Railway Company, and received by the Municipal Corporation of the said 'I’ownship of Chin- guacousy, shall be applied, under the direction of the said Municipal Corporation, in the first place in payment of the interest accruing upon the said debentures, and the surplus in redemption of such of the said debentures as the said Municipal Corporation may from time to time think fit to redeem. 4. That, for the payment of the yearly interest from time to time accruing, due and payable upon the said debentures respectively, there shall be raised, levied and collected, in each and every year, an equal rate in the pound upon the assessed value, for the time being, of all the rateable property in the said Township of Chinguacousy, over and above all other rates and taxes, sufficient to pay the said yearly interest, or so much thereof as shall not be met or paid by the dividends from lime to time received upon the said stock in the said Company, so as aforesaid subscribed for and held by the Municipality of the said Township of Chinguacousy. And such rate shall be collected and paid over to the Treasurer for the time being of the said Township, at the same time and in the same manner as other rates are collected and paid over. And for the payment and redemption of the principal monies secured by the said debentures, there shall be raised, levied and collected in the year next before such debentures shall respectively fall due, an equal rate in the pound upon the assessed value for the time being, of all the - rateable property in the said 1 ownship of Chinguacousy, over and above all other rates and taxes whatsoever, sufficient to pay the princi- 75 pal monies secured by such debentures, so respectively fallin? due as aforesaid; or so much and such part thereof, as the surplus of the dividends hereinbefore mentioned shall be insufficient to pay and redeem ; or the said debentures so respectively tailing due as aforesaid may be paid and redeemed by a loan raised upon other debentures to be issued for such sums, and to be made redeemable at such periods as by any by-law of the said Municipality, in that behalf to be passed may be declared and enacted. ^ ^ 5; That for the purpose of obtaining the assent or dissent of (he qualified electors of the said Township of Chinguacousy to this by-law, in pursuance of the provisions of the said Railway Clauses Consoli- dation Act, in that behalf hereinbefore recited— the Reeve of the said Township shall cause this proposed by-law to be published at lenst four times in the British Colonist, Patriot, and Globe Newspapers, published in the City of Toronto, and circulated in the said Township of Chin- guacousy— there being no Newspaper published or printed within the limits of the said Township of Chinguacousy, and Toronto beino- the nearest City or Town thereto. And shall also cause copies of thfs by law to be put up and affixed at the Court-House in the Village of Brampton, Rutledge’s Inn in the Village of Edmonton, Archdekin’s Inn on the Third Line East, and Troughton’s Inn on the Third Line West, being four of the most public places in the said Township of Chinguacousy. And shall cause a poll to be opened, held, and taken at such place and -time in each of. the Wards of the said Township of Chinguacousy as the said Reeve may by proclamation under his hand appoint, which poll shall be taken in the same manner as a poll would be taken for the election of Councillors for the said Township, and at which poll the qualified electors of the said Township may record their votes in favour of or against the said by-law ; provided always that such polls shall not be opened until after the due publication of this by-law, according to the provision of the said Railway Clauses Consolidation’ Act hereinbefore in part recited. Provided always, that this by-law shall not have any effect, nor shall the said Reeve have authori y to subscribe for the stock as hereinbefore provided, unless and until the Directors of the said Toronto and Guelph Railway Company shall give to the said Reeve such assurances as shall be satisfactory to a majority of the said Township of Chingua- cousy, that the said Railroad shall pass through the Village of Bramp- ton, and have a station or depot at the said Village (Signed) JOHN LYNCH, (^- ®-) Town Reeve. (£. 0 .) Passed 4th June, DENIS L. LYNCH, Township Clerk. I, Denis L. Lynch, Clerk of the Municipality of the Tdwnship of Chinguacousy, do hereby certify that the within is a true copy of a By- law passed by the Municipal Council of the Township of Chinguacousy, authorizing the subscription lor stock in the Toronto and Guelph Kail- way Company, by and on behalf of the Municipality of the said Town- ship of Chinguacousy, and that the said B 3 ^-Law was introduced into the Municipal Council of the said Township, on the eighth day of No- vember, 1851, was read a second time on the eighth day of November, 1851, was duly advertised in the Briiish Colonist^ Glohe^ ^x\A Pairici Newspapers, published in the City of Toronto, there being no Newspaper published within the limits of the said Municipality, from the fourteenth day of November, 1851, to the twenty-eighth day of November, 1851, and was duly advertised also, at the four public places within the Municipality named in the said By-Law, and, by a Proclamation of John Lynch, Esquire, Keeve of the said Township of Chinguacousy, bearing date the eleventh day of March, 1852, and published in the manner required by the Railway' Clauses Consolidation Act, was referred to the qualified electors of the said Township of Chinguacousy, for their approval on the 24Lh and 25th days of March, A. D., 1852, and having been then and there approved of by a majority of votes of such electors, the said By-Law was finally passed by the Municipal Council of the said Township of Chinguacousy in Council assembled, on the 4th day of June, A. D., 1852, and the Corporate Seal of the said Muni- cipality was affixed to the original By-Law which is filed amongst the Records of the said Municipality ; and the condition in the said Bj^-Law stipulated for having been complied w’lth by the said Toronto and Guelph Railway Company, the Stock-book of the said Company was subscribed by John Lynch, Esquire, Reeve of the said Township of Chinguacousy, upon behalf of the Municipality of the said Township, for the amount of 0,000 Stock, in the said Toronto and Guelph Rail- way Company, on the 9th day of July, A. D., 1852. Dated this 9th day of August, 1852. (Signed) DENIS L. LYNCH, Clerk of the Township of Chinguaccmy. AGRICULTURAL CENSUS OF 1851 . I Townships which will be affected beneffcially by the Toronto &, Guelph Railwa}’. Number or Acres of Land. Total Acres. Under Cultivation. Chinguacousy . Arthur, Luther, dc Minto Pilkington Maryborough - Nichol Garafraxa Eramosa Peel Guelph Erin Puslinch Toronto Gore. Caledon Albion West York Esquesing Trafalgar Nassagaweya . Wellesley Etobicoke Woolwich Mornington Nelson Waterloo Totals . 76,144 29,029 23,050 19,625 22,420 34,399 36,605 41,805 34,617 54,952 53,333 17,323 52,455 43,092 36,172 54,461 66,732 39,650 54,828 27,811 43,164 23,809 45,512 82,546 1,013,534 14,409 433,879 255,349 Under Pasture, 1851. 175,008 2 AGRICULTURAL CENSUS OF 1851. 1 No. or Agues OF Land. Wheat. j BaRI.EY. 1 Ryk. i i i Gardens or Orchards. Under Wood, or Wild. Acres. . Produce Bsli. 1 1 Acres. Produce Bsh. Acres. Produce Bsh. 1 033 34,997 14,034 206,898 125 3,348 — — 2 G 24.418 1,224 ; 10,517 56 564 i 4 3 — 15,896 2,025 j 31,975 172 3,741 — — 4 — 17,933 637 j 5,404 52 923 — — 5 2 11,254 2,145 1 34,571 331 7,533 — — 0 25 28,650 2,216 27,474 * 80 1,658 14 139 7 126 20,364 3,289 65,374 302 7,207 — — 8 53 34,812 2,272 ■ ’ j 24,389 144 1,530 5 150 9 171 16,161 3,751 I 73,967 208 4,166 6 134 10 164 35,002 4,476 I 62,545 1,925 47 065 11 287 26,483 j 5,706 i 90,977 169 2,421 205 , 2,953 12 114 5,925 3,408 69,052 263 7,475 — — 13 •121 3,147 4,185 66,031 63 1,260 50 GG3 14 195 24,016 5,244 86,698 64 941 77 1,038 15 467 14,159 4,594 99,583 113 3,205 o O 70 16 240 26,340 6,930 177,927 58 1,606 5 80 17 619 26,936 10,072 180,706 343 9,336 112 1,457 18 110 23,215 3,203 50,079 54 1,129 4 19 19 118 38,379 3,642 60,544 189 2,986 127 1,650 20 253 10,314 4,189 82.390 845 23,680 60 1,101 21 99 25,704 4,608 71,643 136 2,686 111 1,536 22 — 22,112 624 4,028 7 50 — — 33 544 20,268 5,515 82,805 1,033 12,624 4 50 24 690 41,145 9,360 153,857 226 5,474 811 11,978 5,037 547,630 1 107349^1,820,031 1 5,107 10746S ■ ! 1,641 23,687 AfiRICULTURAL CENSUS OF 1851. o i^EAS. Oats. B. Wheat. IXDIAIf CoRIf. A. Bsh. A. Bsh. A. 1 j Bsh. A. « Bsh. I 2,923 45,922 ! 2,676 154,960 113 891 26 352 o 142 1,961 i 882 17,457 6 48 1 G 3 441 6,210 j 889 24,645 — — i 25 4 76 879 1 110 10,675 — — — — 5 388 7,066 1,653 61,753 — — — — 6 301 3,843 ! 1,230 35,257 15 198 — 7 1,033 21,341 1,839 82,596 41 651 15 672 8 351 4,546 895 20,115 3 63 15 357 9 1,131 25,735 : 2,325 81,327 9 157 35 1,292 10 940 12,361 2,160 58,958 141 1,917 17 236 11 774 17,018 2,914 86,694 24 291 64 1,648 12 1,179 19,346 986 34,804 — — o 93 13 796 10,231 2,652 71,321 44 612 31 669 14 1 1,428 1 17,390 1,627 40,583 — — 5 68 15 1,744 30,131 1 1 2,878 99,715 9 18 51 837 16 1,462 20,384 1,854 60,535 68 855 48 1,429 17 1,442 21,391 2,884 88,560 301 5,924 243 6,927 18 688 10,904 1,484 40,996 35 567 17 537 19 774 10,909 2,169 53,662 9 91 43 . 678 20 1,304 25,677 1,701 60,988 14 284 43 1,218 21 569 9,721 — 69,180 6 89 42 1,048 22 71 726 248 4,120 — — 14 M2 23 695 8,297 1 1,654 53,125 188 2,972 355 i I 11,196 24 1,357 22,114 4,254 127,361 104 1,783 459 j 1 1,664 j »2,012 354,106 1 41, 964j 1,439,447 1,130 17,411 1,526 1 40,982 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AGRICULTURAL CENSUS OF 1851. Potatoes. 558 272 107 78 157 I 235 j 235 j 326 316 331 483 156 473 432 235 179 I 342 230 391 216 j 349 153 188 802 Bsh. 42,441 14,314 6,666 2,763 8,476 20,632 18,968 18,177 23,203 30,217 36,022 10,473 44,748 33,040 15.908 13,119 27,781 16,199 21,263 17,049 24.908 4,639 14,714 51,226 516,946 Turnips Clover, riinothy, or 1 Hav. j Bundles, j or Tons. Woot. A. ( Bib. i other prass seed — Bsh. Ll)g. 1 27,079 409 6,769 27,843 00 o 5,585 212 661 2,860 114 1 11,420 — 1,019 5,663 34 ! 3,690 — 622 10 116 j 12,600 — 1,411 6,328 145 i 20,216 58 832 3,483 183 1 32,126 156 2,235 10,761 212 ; 26,548 — 1,163 2,810 358 1 72,154 115 2,542 14,222 j 1 81 10,428 200 2,657 11,459 311 58,013 144 3,143 j 16,822 ! 65 j 10,383 57 1 9,9 fifty-five, for the sum of six hundred and fifty thousand pounds ° sterling, to be paid as follows, videlicet, two hundred and fifty „ ^ ^ . thousand pounds sterling, in Debentures of the Government of the Province, one hundred thousand pounds in Debentures of the p'**?*^" Vyompany, two hundred and five thousand pounds in Cash, being X205^ooo chsh the produce of shares subscribed for in England, and the balance after crediting the amount which might be paid upon shares subscribed for in Canada, in shares of the Company ; and by such contract it is provided, that the Conti-actors shall pay half- comracioS to p«y yearly, in sterling, in London, interest at the rate of six pounds L^^^Debcmores!”*''" per cent, on the amount of shares and debentures which may be issued by the Company. AND whereas, an Act of the ProWncial 44 , Legislature of Canada, was passed in the eighth year of the reign of fef Her present Majesty, intituled, An Act to incorporate the Saint SniXS Lawrence and Atlantic Railroad Company,” under which a Com- panywas incorporated and empowered to construct a Railroad / ‘ from the River Saint Lawrence, opposite the City of Montreal, in f the general direction of St. Hyacinthe and Sherbrooke, to the boundary line between Canada and the United States, at such point as would best connect with the Atlantic and Saint Law- rence Railway, and by such Act, the Company was empowered to raise a capital of six hundred thousand pounds currency, with a Capital, 000 oi power to raise an additional sum of five hundred thousand pounds ^soojooo'cy!^ more. ^ currency. AND whereas, an Act was passed in the tenth and 46 eleventh years of the reign of Her present Majesty, entituled, 65 !Vm^,dinI‘form?r An Act to amend the Act incorporating the Saint Lawrence were* and Atlantic Railroad Company,” and to extend the powers of the said Company, and three other Acts have been since passed 47 for the purpose of amending and enlarging the powers of the Acispa^ssed,**?^' Saint Lawrence and Atlantic Railway Company, under the last c^mKf ' of which Acts, and an agreement executed in pursuance thereof, [.ap. n the Saint Lawrence and Atlantic Railway Company, are now ^ entitled to that portion of the Atlantic and Saint Lawrence Rail- way, which lies between Island Pond and the boundary line of the Province of Canada. , AND whereas, the said Saint Lawrence and Atlantic Railway is nearly completed, and the capital which Capnai of ihej . xr xi, • j X • • .1,. ^ St. Lawrence & Ai- a ' tney are authorised to raise, is one million, two hundred and *®“^**^ Kaiiroad com- twenty-five thousand pounds currency, of which, the sum of two hundred and forty-six thousand, one hundred pounds, or there- abouts, has been raised by shares, and six hundred and thirty- three thousand pounds sterling, or thereabouts, by bomwing ; and -it is that tTnrsxmr of 'three hundred thousand pounds sterling, will be required for the purpose of fully completing and 12 AMALGAMATION AGREEEMENT. ‘‘9 eauipping the said Railway. AND whereas, Provincial Deben- tores^^io^ihe amouni j.^p03 the amouiit 01 sixtj-seven thousana, eight hunarea the Si. Lawrence & pounds, have been issued to the said Saint Lawrence and Atlantic Railway Company, and are now held by them. AND whereas, by Act 16 vici cap. 39 , the Provincial Legislature of Canada, passed in the empowering any rail- ^ i -r* • o tt x TVf * a thrw^i'Il^TmnKne sixteenth years of the Reign of Her present Majesty, ^“ffhase any other Act^to cmpowcr any Railway Company whose ■ « Railway fonns part of the main Trunk line of Railway through- “ out the Province, to imite with any other such Company or to “ purchase the property and rights of any such Company, and to “ repeal certain Acts therein mentioned, incorporating Railway “ Companies,” it is provided that it shall be lawful for any two or or more Companies formed, or to be hereafter formed for the purpose of constructing any Railway which shall form part of the Main Trunk Line of Railway, contemplated by the Legislature, in passing an Act of the fourteenth and fifteenth years of Her present Majesty, intituled, “ An Act to make provisions for the “ the construction of a Main Trunk Line of Railway throughout “ the whole length of this Province,” to unite together as one Company, or for any one of such Companies to purchase and ac- quire the property and rights of any one or more of such Corn- Act to ap >iy to the paiiics. And it is thereby declared, that the provisions of the now ^‘‘reciting Act shall apply to, and include the Saint Lawi-ence and ^ ^ Atlantic Railroad" Company, and the whole of the Railway which ^ that Company are empowered to construct, and shall also apply to, and include any Company which may have been formed by i the union of any two or more Companies under this Act. And it is thereby also provided, that it shall be lawful for the Directors ' of any such Company as aforesaid, to agi-ee with the Directors hovisions of the act Qp other such Company or Companies that the Companies a^ict. cap. 39, re respectively represent shall be united as one Company, and ' by such agreement, to fix the terms upon which such miion shall take place, the rights which the Shareholders of each Company shall possess, after such union, the number of Directors of the Company after such union, and who shall be such Directors until the then next election, the period at which such next election shall be held, the number of votes which the Shareholders of either Company shall respectively have thereat, the Corporate name of the Company after any such union, the time when the agi-eement shall take effect, the By-Laws which shall apply to the united Company, and generally, to make such conditions and stipulations touching the terms upon which such union shall take place, as may be found necessary for the determining the rights of t he saM tjiMipiiiiMW renpoetivvl j, and of the bharcholdei’S thciccf, such union, and the mode in which the business of the Company AMALGAMATION AGBBEMENT. 13 shall be managed and conducted after any such union. And it is thereby also provided, that whenever any such agreement shall „eettagf*of shani have been made, as aforesaid, the Directors of each of the Com- ?»'<*«"*? •>« panies which it is to affect, shall call a special general meeting of the Shareholders of the Company they represent, in the manner i provided by law for calling such general meetings, stating par- ! ticularly, that such meeting is called for the purpose of considering i the said agreement and of ratifying or disallowing the same, and if at such meeting of the Shareholders of each of the Com- panies concerned, respectively, three-fourths or more of the votes of the Shareholders attending the same, either in person or by : proxy, be given for ratifying the said agreement, then the same ' shall have full effect accordingly, as if all the terms and clauses ' thereof not inconsistent with the now reciting Act, were enacted in ^ i an Act of the Legislature of this Province ; and if less than three-fourths of the votes of the Shareholders present at such*’®''*®™ reqnired toi ... , , . . « ^ ratify Ihe union. J meeting, in person or by proxy, be given in favor of ratifying a such agreement, then the same shall be void and of no effect, and no other meeting shall be called to consider any agreement for a | like purpose, within six months thereafter, provided always, that | the first meeting of the Shareholders of any Company for con- j | sidering any such agreement, shall be held within thiw months ' of the time when the same shall be made by the Directors thereof, t jj and not afterwards. And it is thereby further provided that from || and after the time when any such ratified agreement for the union ss. ij of two or more Companies shall take effect, the Companies in- tr’SniS?“comp"iSji tended to be united shall become one Company and one Corpora- tion by the corporate name assigned to it in such agreement, and Msame their iiabi^ shall be invested with, and have all the rights and property, and be responsible for all the liabilities of the respective Companies, parties to such agreement, and shall be held to be the same Cor- poration with each of them, so that any right or claim which would be enforced by or against either of them, may after such union be enforced, by or against the Company formed by their union, and any suit, action or proceeding pending at the time of such union, by or against either of such Companies, may be con- tinued and completed by or against the Company formed by their union, by the corporate name assigned to it by the agreement. And it is thereby further provided, that in the case of any suchTh, cpltii «f .he union, as aforesaid, the capital of the Company formed thereby, eqlfmhTataS shall be equal to the combined capitals of the Companies united, and they may raise by loan or otherwise, any sum not exceeding the total amount which such Company might raise. And it is thereby further provided, that the Legislature of the Province will make any fuithor Legislative Provision, which may be 14 AMALGAMATION AGREEMENT. 87 reauired for the purpose of giving full effect to the now reciting Act 16, Vic. cap. 76, ^ i j ‘a. l J extending the Pro- aiid to anv affTecineiit made under it, and ratiiiecl, as yisions of the union ’ ^ . j i. xl. C A Act 16 , Viet. cap. 39, aforcsaid, according to the true intent and purport tnereoi. AJNi) whereas, by an Act of the Provincial Legislature of Canada, passed in the sixteenth year of Her present Majesty, intituled, “ An Act to extend the provisions of the Railway Companies Union Act, to Companies whose Railways intersect the Main Trunk Line^fer touch places w^dji the said Line also touches,” It is provided that the hereiidSe^^e recited Act, intituled. An Act to empower any Railway Company whose Railway forms part of the Main Trunk Line of Railway throughout this Pro- “ vince, to unite with any other such Company, or to purehase the “ property and rights of such Company, and to repeal certain ^ “ Acts therein mentioned, incorporating Railway Companies,” and all the enactments and provisions therein contained shall ex- tend apd apply to, and include any RaUway Company whose Railway intersects the Main Trunk Line of Railway contempla- j ted by the Legislature, in passing the Act of the now last sess- 1 ion of the Provincial Parliament, intituled, ‘‘ An Act to make pro- ! “ visions for the construction of a Main Trunk Line of Railway i « throughout the whole Province,” or touches any City, Town or I Thec.mp»i.s union place which the Said Contemplated Main Trunk Line of Railway iclMClwlllalso touches, subject always to the amendments and provisions Company Of Canada. Audit is thereby ful-ther provided, that it I one of the Railway Companies forming a union under the here- inbefore recited Act, be The Grand Trunk Railway of Canada, ' or any Company formed by the uiuon of the said Company with ? any other, then the Corporate name of the Company, formed by 69 such union shall be “ The Grand Trunk Railway Company of Canada,” and the Directors of the Company so formed, shall “ t have the rights of voting by proxy, and other t^e rights and powers in the Directors of The Grand Trunk Railway Company ‘"'of Canada, by the Act incorporating the same, and the nuinbCT of the Directors of the Company formed by such union shall be eighteen, twelve of whom shall be elected by the Shareholders, and six appointed by the Governor of the Province of Canada, ! unless and until such Company shall renounce the benefit of the ' 60 Provincial guarantee, in which case the number of Directors Iff the Company re- rctluced to twclve, by the retirement of the Directors l^elso^ernmentguart Govcmor, uiid if thci’c shall bc at any time of ^eotora to bo only union, Dii'cctors of more than one of the Companies for- BhkrSidtrs.''^ ' -yylio have been appointed by the Governor, of Canada, then such of the said Directors as the Governor shall . designate, sli u fr T etire f r om Gffiw so M,j 19 AMALGAMATION AGREEMENT. 12. The United Compamy shall also create Debentures, herein- Dehenmre, to after called “Company’s Debentures,” to an affsrresrate amount. “company’s i T m ‘IT 1 • •• ° ’ Debeniur* s,’* lo be not exceeding Iwo millions and mnety thousand, seven hundred . *' Of £2,097 000 stt^rliug pounds sterling, in sums of one hundred pounds each, payable Sr"n or Mb, eist at twenty-five years, in London, bearing interest at the rate of six per cent per annum, payable half-yearly in London, such de- bentures to be convertible at the option of the holders in stock of the Company, at Par, on or before the first day of January, one thousand eight hundred and sixty-three. 13. OF the last mentioned Debentures, there shall be reserved, Of Company’s De- Debentures to the amount of Two hundred and seventy-nine ^279,200 stg., are of thousand two hundred pounds sterling, and of the above mentioned ^658,4oo sterling, stock or shares, there shall be reserved stock or shares to the certain share and amount of five hnndred and fifty-eight thousand four hundred pounds sterling, which shall be assigned in the proportion of two hundred pounds of stock, for each one hundred pounds of Deben- tures, to and among the undermentioned parties, as follows : To the Shareholders of the Quebec and Richmond Railway, Company, ^405,000 Os. Od. To the shareholders in the, St, Lawrence and Atlantic Railway Company, i:262,600 Os. Od. To the Bondholders of the Ontario and Simcoe Railway Com- i:i70,000 Os. Od. The several parties in whose favor such reserve is made, shall Pa„ie, «nHtied to intimate their acceptance within twenty-one days from the notifi- Xk.to'^gnifnhd? cation by the United Company, that such shares and bonds are rytTorirolSficl** at their disposal, and in default of acceptance, the same shall be at the disposal of the Directors, who may dispose thereof in such manner as they think fit. 14. OF the remaining stock, twenty-seven thousand, three ot.sss sh^ro. to b. hundred and thirty-six shares, or such number not exceedins thatJ’®^ I" exchange ^ Quebec flntl Rich - quantity, as snail be required, having regard to the conversion irom currency to sterling, shall be issued in exchange, for the Gueijh"8hale»*"‘‘ existing stock alreinly issued by the Quebec and Richmond Com- pany, the Saint Lawrence and Atlantic, and Toronto and Guelph Companies. 15. THE residue of the stock and shares, amounting to the • . se sum of three mi llion, six hundred and twenty-three thousand pounds, aivid^’ into one iiundrc^ anfl "S'liy. Jom- 'tLousanTnine hundred and twenty shares, of twenty-five pounds each, shall be 20 AMALGAMATION AGREEMENT. SO apportioned that to every holder of two hundred pounds stock or shares, there shall be appropriated and issued a “ Convertible Debenture,” for one hundred pounds, and a Company’s De- “ benture” of one hundred pounds, bearing interest, and payable respectively, as before mentioned. Existing ®sharehoi(3- 16. EVERY existing shareholder in the Grand Trunk Rail- panie" Sied^to™"way Company, the Grand Trunk Railway Company of Canada ^”^'^^East, and the Grand Junction Railway Company, shall be en- titled to one of such one hundred and forty-four thousand, nine hundred and twenty shares of the United Company in respect of each share, which he holds in any of the last mentioned Railway Companies, and also, to the same proportion of Debentures as is provided by the last clause. ^ ^ 88 ^ 17. THE shares and stock may be subscribed for and issued issupd in Canada or in Canada or elsewherc, either altogether, or from time to time, in such amounts as may be deemed advisable, and with such option to the subscribers for shares, to take all or any part of the unissued shares or stock or Debentures, as may be thought ex- pedient, subject howwer, to the foregoing limitations and reser- vations. P9 Directors to have 18. THE Directors may from time to time, subject, however, to Directors to have fo? the foregoing limitations and reservations, make such arrangements issue of shares or stock, or Debentures, to be subscribed htid or eise’where. Canada, Or elsewhere, either for the present or for any ad- ditional capital which they may be authorized to raise, as to such 90 Directors shall seem fit, and for payment in England, of the aemrfDWWenSo'r Dividends and interest on the shares and Debentures, at such place or places, as such Directors shall from time to time deter- And for the appoint- mine; and they may from time to time appoint an agent or agents of the Company, in England, or elsewhere, and may delegate to such agent or agents, such powers as the Directors shall from time to time think fit, and they may make such rules and rcgu- lations, as to the issuing of such shares and Debentures, as to the mode, time, and place of transfer of such shares and Deben- tures, and as to the mode, time, and place of payment of the calls upon such shares and instalments upon such Debentures, and of the dividends or interest thereon, as shall be deemed re- No call after 6rst ai- quisite or bcneficial, but no call after the first allotment, shall “oL"eachthare exceed two pounds ten shillings per twenty-five pound share, or “ c 10 per cent on ^ * ■* i j-T vail of not less than 4 lUOnthS bctWGCIl GRCh Call, motitha. ..It-V Innn tbnn. AMALGAMATION AGREEMENT. 21 19. AS soon as conveniently may be, having regard to the^ ^ew Register of different amounts paid on the shares in the different Companies, madf and'lrmng^J and to the necessity of equalizing the capital, by conversion of {jj® currency into sterling, a new register of shareholders ^shall be made, containing entries of the several amounts, and numbers of shares or stock to which the several shareholders of the United Company are entitled, and arrangements shall be made for the exchange of the certificates of the shares in each of the separate Companies, for certificates of shares in the United Company. I 20. THE Directors shall have the same rights and remedies ^he Directors maA for obtaining and enforcing the payment of calls on the share- payme^ holders in each of the separate Companies, as the Directors of each separate Company would have had, in case the amalgama- tion had not taken place. 21. THE profits of the United Company available for divi- The profito of the dend, shall be divided among the several proprietors of stock and b?avaiiabie for shares in the United Capital, rateably according to the nominaU*^®"^* f amount of their respective stock and shares. 22. THE number of Directors, of the United Company as^, r ^ J Six of the Direcloit: fixed by the Act, being eighteen, of whom, six are to be appointed ® by the Government and the remainder by the Company, six of the Board at least shall be persons resident in England, and the remainder in Canada. 23. SIX shall be a quorum of Directors, of whom not less , ^ than three shall be Government Directors, and at least two shall » quorum Directom be English Directors, present in person or by proxy, and any ^ y p y Director may vote by proxy at any board meeting, such proxies being themselves Directors, but no Director shall act as proxy for more than three other Directors. 24. THE following persons shall be the first Directors, namely, Names ©nhe first Thomas Baring and Gwrge Carr Glyn, of London, Esquires, The Honorable Eti.enne Paschal Tache, The Honorable James Morris, The Honorable Malcolm Cameron, and The Honorable Bene Edward Caron, all of Quebec, appointed by the Governor of Canada, in Council, and Henry Wollaston Blake, Kobert Mc- Calmont, Earkman Daniel Hodgson, and William Thompson, of London, Esquires, and The Honorable John Ross of Brockville, The Honorable Francis Hincks, of Quebec, The Honorable Peter McGill, of Montreal, George Crawford of Brockville, Benjamin William Rhodes, of Quebec, and E. F. Whittemore, of Toronto, Esquires, shareholders, elective Directors. Qaaiificau^nofeiec- qualification of shareholders, to be elected shales ea^ch Gov! Dircctors of the United Company, shall be twenty-five shares no!?4u\red^t?”hoid twenty-five pounds sterling each, in the United Stock, but any person may be appointed a Director by the Governor, whether he be so qualified or not, or whether he be or be not a shareholder. AMALGAMATION AGREEMENT. 100 Retirement ol Direc- tors. 26. OF the elective Directors, one third to be determined by ballot among themselves, unless they shall otherwise agree, shall go out of ofiSice at the meeting hereinafter referred to, as the period at which the first election of new Directors is to take place, and at the next ordinary general meeting, which shall be held next after the first day of January following, one half of the re- maining number of such elective Directors, to be detemined in like manner, shall go out of office, and at the next ordinary gen- eral meeting, which shall be held after the 1st day of January, ‘then following, the remainder of such elective Directors shall go out of office, and in each instance, the places of the retiring elective Directors, shall be supplied by an equal number of qualified shareholders ; and at the ordinary general meeting held next after the first day of January, in each succeeding year, one third of the elective Directors, being those who have been longest in office, shall go out of office, and their places shall be supplied in like manner ; nevertheless, every Director so retiring from office, may be re-elected immediately, or at any future time, and after such re-election shall, with reference to going out by rotation, be considered as new Director, and if, in consequence of any in- crease or decrease in the number of Directors, the number of elective Directors shall be some number not divisible by three, the Directors shall determine what number, as nearly one third as may be, shall go out of office, so that the whole number of elective Directors shall go out of office in three years, provided that no such going out of office by rotation hereinbefore mentioned, shall have effect, unless the shareholders at such meeting as before mentioned, shall proceed to fill up, and shall fill up the vacancies then occuring. 27. THE first ordinary general meeting of the shareholders in the United Company shall be held at such time and place in the Province of Canada, as the Directors may appoint, provided Notice of^Meetings public Doticc thereof be given, during one month, in the for Gazette, and in at least one other paper, published in each of the Cities of Toronto, Kingston, Montreal and Quebec, and at such first general meeting, the shareholdersNpr^scnt in person or by proxy, and qualified to vote, shall determine the period at r ■ wiAAoii t i jg JGr&t of new Direetoi'^ skaH ■ lake jpkT’ 101 First Ordinary Gen- eral rMeeling of shareholders. time or half-yearly general meetings - iho eh all t-aJcwpliiOe. of AMALGAMATION AGREEMENT. 23 28. THE number of votes to which each shareholder in the xr . . I®* . , - in, *11 voles to be equal tc united undertaking shall be entitled, on every occasion when votes of the shareholders of the Company are to be given, shall be equal to the number of twenty-five pound shares held by such shareholder, and in case such shareholder is a holder of shares which have not been converted into twenty-five pound shares of the United Company, then the number of votes to which each such shareholder shall be entitled, in respect of such unconverted shares, shall be as nearly as may be, equal to the number which such shareholder would have had, if such shares had been con- verted into twenty-five pound shares. 29. TIIE Shareholders at the first ordinary General Meeting, App„i„,„’®niofti.reo| shall appoint three Auditors, being shareholders, to audit all ac- counts of money laid out and disbursed on account of the united undertaking, and at each Gieneral Meeting at which Directors shall go out of oflSce, one of such auditors (to be determined in the first and second instance by ballot between themselves, unless they shall otherwise agree, and afterwards by seniority,) shall go out of office, and the shareholders shall elect an auditor to supply the place of the auditor ^retiring from office ; and eveiy auditor elected as hereinbefore provided, being neither removed nor dis- qualified, nor having resigned, shall continue an auditor until another be elected in his stead ; and any auditor going out of office shall be immediately re-eligible, and after any re-election, shall, with respect to going out of office by rotation, be deemed a new auditor ; and the auditors from time to time in office shall examine and report upon the accounts of the Company, for the year which shall elapse during their period of office, and shall have all necessary powers and facilities for that purpose. 30. THE Directors of the United Company may from time to time make By-laws for the management and disposition of the stock properly and business affairs of the United Company, not inconsistent with the laws of Canada, and for the appointment of all officers, servants and artificers, and prescribing their re- spective duties. 105 Directors may make By-laws. 31. THE provisions of the several hereinbefore.recited a<^ree- los ments, by the separate Companies, with Messrs. Jackson, Peto Brassey and Betts, hereinafter called the Contractors, and with Gzmtski&oo“.:.^ Messrs. Gzowski and Company, heieinafter called the Canadian Contiuctors, are to be modified, and a new contract or new oon- tracts entered into with the amalgamated Commiw "I" TFffTmfT'TFIH'BI |||u».||r tUU PlMFlIlliljili - - 24 AMALGAMATION AGREEEMENT. hereunto annexed, by way of schedule, the adoption by the amal- gamated Company of such new contract, being an essential con- dition of such amalgamation. completion of the Road yen 32. THE United Company shall bear and pay the interest to pay Interest on payable on the Debentures and shares or stock of the Company, shares nd for sundry and - , , in ftlher purposes. ded to be effected by this deed, and to confirm and legalise such of the provisions herein contained as to the legality whereof any doubts may be entertained, and to authorize an increase to be made in capital of the United Company, and in such act, a clause shall be inserted to authorize the Company from time to time to increase or to ixiduce the number of the Directors, and to determine the order of such increased or reduced number, and what number shall be a quorum, Provided, that the relative proportions of English and Government Directors shall not be altered, and all such other clauses with relation to the holding of General meetings, and the times of declaring dividends, or the like, as the Directors of the United Company shall think expedient. X- 35 THAT in case this agreement be not ratified and confirmed the requisite proportion of Shaix^holders in each of the ^par- which do ratify the same, provided the Shareholders in . no I AMALGAMATION AGREEMENT, three at least of the several Companies, determine to ratify the same. AND Whereas, the Atlantic and St. Lawrence Railway Company, was incorporated by an act of the Senate and House of Repi*esentatives of Maine, in the United States, for the pur- pose of locating, constricting and finally completing, altering and keeping in repair, a Riiilroad from some point or place in the City of Portland, through the counties of Cumberland and Oxford, and if deemed advisable, through the south westerly comer of Franklin, to the boundary line of the said State of Maine, and from thence through the States of New’^ Hamprhire and Vermont, to such place as would best connect with a Railroad to be con- structed from such boundary to Montreal, in Canada. AND whereas, the said Atlantic and Saint Lawrence Railway Company, hereinafter called the Atlantic and Saint Lawrence Company, have grantai a lease of one portion or section of their said Rail- way, being that from Island Pond, in the State of Vermont, to the boundary line of Canada, in perpetuity to Trustees, on be- half of the Saint Lawrence and Atlantic Railway Company. AND whereas, the said Company have constructed the other portion of their said Railway, being that from the City of Port- land to Island Pond aforesaid, in accordance with the said Act, together with all the works and apurtenances thereof, and have opened the same for Public Traffic. AND whereas, for this pm’- pose, the said Atlantic and Saint Lawrence Company have called upon their sharcs, a capital of one million seven hundred thousand dollars, and have also borrowed on bonds or debentures of the Company, a further sum of three million dollars. AND whereas, it has been agreed, that, the United Company shall have and take a lease of the said portion or section of the said Atlantic and Saint Lawrence Railway, from Portland to Island Pond, above mentioned, being a distance of about one hundred and forty-eight miles, for a term of nine hundred and ninety-nine years from the date of the amalgamation of the said Canadian Railway Companies, and by agreement, dated the twenty-third March, one thousand eight hundred and fifty-three, betw^een Alexander Tilloch Galt, as agent, duly authorized to act on behalf of the said Atlantic and ^int Lawrence Railway Company, of the one part, and William Jackson, and The Honorable John Ross, of the other part, it is provided that^ subject to the caiTying into effect of such amalgamation, and also, subject to the assent of the shareholders of and in both the said Companies, the said Atlantic and Saint Lawence Company shall and will gi*ant, and the said Grand Trunk Railway Company, will accept a Lease of the aforesaid portion or section of the Atlantic and Saint Lawi*ence Railway, from Portland to Island Pond, together with all and singular the 111 Incorporation of th&« V Atlantic and Saint | Lawrence Railroad ^ Company. j 112 - Capital of the Ailanl tic and St. LawrencJ Railroad Company, I $1,700,000 in shareal $3,000,000, in Bonda I 113 i Recital of the lease entered into by the Hon. John Ross, anc William Jackson, oi the part of the Unitei Company, with the Atlantic and Saint l.awrence Railroad Company for a tern of 999 years. I ^ i.... AMALGAMATION AGREEMENT. stations, warehouses, bridges, culverts and other works, forming part of, or necessarily, or properly appurtenant to the said Rail- way, and all the Wharves belonging to the said Atlantic and Saint Lawrence Company, adjoining to, or connected with the said por- tion and section of the said I^ilway, and all the fixed and over- able plant, rolling stock and stores of the said Atlantic and Saint Lawrence Company, and all vacant land to which the said Atlantic and St. Lawrence Company are entitled, as Lessees, assignees of lessees or otherwise, and all and singylai the shore rights, water rights and Harbor privileges, belonging to, or vested in the said At- lantic and St. Lawrence Company, and all other the rights, privile- ges advantagements, easements and appurtenances which they the said Atlantic and Saint Lawrence Company now possess, and all the tolls, rates, fares, rents and income, which, under their Act of Incorporation, the said Atlantic and Saint Lawrence Company are, or at any time hereafter may be entitled to receive and tak^, and all the debts, credits, engagements, liabilities and benefits of the said Atlantic and Saint Lawrence Com])any, from the fir st day nf July next ensuing, or such other day as may hereafter be agreed, for and during the full term of nine hundred and ninety-nine years from thence next ensuing, and by such agreement it is pro- vided, that there shall be reserved and payable upon J^ch Lease to the Atlantic and Saint Lawrence Company, a ye^ly sum or rent equal to interest at the rate of six pounds per cent, per annum, upon the share and stock capital of the said Atlantic and Saint Lawrence Company, so call^ up, being the said sum of One million, seven hundred thousand dollai's, and to the total amoimt of interest payable by the Atlantic and Saint Lawrence Company, on all capitd already borrowed by them on Debentui'es or Bonds, or otherwise, being the said sum of three million dollars, free of all deductions whatsoever, such annual sum or rent, being payable by equal half-yearly instalments, on the fii’st day of January, and the first day of July, in each year, the pay- ment of such rent to be made in the City of Portland, in the State of itiine, and the first of such payments to be made on such of the said days as shall happen first after the day of the date of the lease, to be hereafter executed, in pursuance of the now reciting agreement, but rateably according to the number of days which shall have elapsed from the day appointed for the commencement of the said lease, up to such first day of reserva- tion ; and it is tliei-eby also provided, that upon the execution of the said intended lease, the said Grand Ti'unk Railway Company shall and will assume to take upon themselves, and guamntee and indemmfy t hewiii to^Mc nce <.>ompaiiy,agarngr all mortcnioesof the s^iid Atlantic and Saint Lawrence C nrxyimy AMALGAMATION AGREEMENT. 2 and all the provisions as to the creation of a sinking fund, and all other the liabilities and engagements of the said Atlantic and Saint LiiTVTence Company, to which they may then be subject, so far as the same are in accordance with the provisions of their Act of incorporation, in so much that the yearly rent payable to the said Atlantic and Saint Lawence Company, may be appli- cable by them to dividends, without any deduction whatsoever, except for expenses of management ; and it is thereby also pro- vided, that the now reciting agreement is not to affect or alter the constitution of the said Atlantic and Saint Lawrence Company, or their engagements, or obligations contracted towards the State of Slainc, and is to be provisional on the part of the shai’eholders of the said Company. AND whereas, the said agi^eement was entered into by the said William Jackson and John Boss, as Trustees, on behalf of the Grand Trunk Railway Company, and with a view to an assignment of such lease to the Grand Trunk Railway Company, or to the United Company. NOW these PRESENTS FURTHER WITNESS, and it is hereby further covenanted, declared and agreed, by and between all the Companies, parties to these presents, and the said William Jackson and John Ross, for themselves, their heirs, executors and administrators, that the said agreement so entered into by the said William Jackson and John Ross, with the Atlantic and, Saint Lawrence Railway Company, shall be carried out and completed for the benefit of the United Company, and such lease when obtained, shall be transferred to, or held on behalf of or for the benefit of the United Company, and that all the obligations and liabilities incurral by such agreement and by the lease to be granted in pursuance thereof, shall be borne and paid by the United Company. The Schedule. THE SCHEDULE mEraKEEIl!) TO). AN agreement made the day of in the year of our Lord one thousand eight hundred and fifty- three, between the Grand Trunk Kailway Company of Canada, incorpoiated in accordance with the provisions of an act passed by the Provincial Legislature of of Canada, in the year one thousand eight hundred and fifty-two, intituled, “An Act to empower any Railway Company, whose rail- way foiTOS part of the Main Trunk Line of Railway through this Province, to unite with any other such Company, or to pur- chase the property and rights of any such Company, and to re- peal certain acts therein mentioned, incorporating Railway Com- panies,” and of another act of the Provincial Legislature of Can- ada, passed in the present year, intituled, “An Act to extend the provisions of the Railway Companies Union Act, to Companies “ whose Railways intersect the Main. Trunk Line, or touch places which the said line also touches,” of the first part, William Jackson, of Birkenhead, and Samuel Morton Peto, Thomas Brassey and Edward Ladd Betts, all of London, Contractors, of the second part, and Casimir Stanislaus Gzowski, of the City of Montreal, Civil Engineer, David Lewis McPherson, and Luther Hamilton Holton, both of Montreal aforesaid. Merchants, and Alexander Tilloch Galt, of the Town of Sherbrooke, in Canada, Esquire, of the tim’d part. WHEREAS, a Railway Company called the Grand Trunk Rail- way Company of Canada, was incorporated by an act of the said Provincial Legislature, passed in the sixteenth year of the Reign of Her Present Majesty, intituled, “ An Act to incorpoi-ate the Grand Trunk Railway of Canada, for the purpose (amongst other things,) of making and maintaining a Railway from Toronto, through the towns of Port Hope, Cobourg, and Belleville, to the City of Kingston, and from the said City of Kingston, through the towns of Brockville and Pi-escott, to a point in the Eastern boundary line, of the Township of Osnabrack, thence to St. Raph- aels, and thence to the River Ottawa, and across the said river to I liiuiliia— lilii Tilii ^ ^ St. Anns, and thence to the City of Montreal. AMALGAMATION AGREEMENT. 29 AND whereas, the Grand Trunk Railway Company of Can- ada East, was incorporated for the purpose (amongst other things,) of making and maintaining a Railway from some point on the Quebec and Richmond Railway, (hereinafter mentioned,) opposite or nearly opposite to Quebec, on the south shore of the Saint Law- rence, to Trois Pistoles. AND whereas, the Quebec and Rich- mond Railroad Company were incorporated for the purpose (amongst other things,) of making and maintaining a Railw’^ay from Hadlow Cove, in the Parish of Notre Dame de la Victoire, near Quebec, to Richmond, in the Distiict of Saint Francis, in Lower Canada. AND whereas, the Grand Junction Railroad Company, were in- corporated for the purpose (amongst other things,) of laying out, making, constructing and finishing a Railway on and over any • part of the country lying between Belleville and Peterborough. AND whereas, the Toronto and Guelph Railway Company were incorporated for the purpose of making and maintaining a Riiil- way from Toronto to Guelph, and were afterwards authorized to extend and continue their Railway to the Port of Sarnia. AND whereas, the Saint Lawrence and Atlantic Railway Company were incorpoiated for the purpose (amongst other things,) of making and maintaining a Railway from the River Saint Law- I’ence, opposite the City of Montreal, to a jimction with the Atlan- tic and Saint Lawrence Railway, at or near the boundary of the State of Maine, in the United States, and they have constructed the said Railway accordingly. AND whereas, all the said Com- panies are now amalgamated into the said Grand Trunk Railway Company of Canada, party hereto, under the authority of the said i Act, and by the assent of General Meetings of the said Companies respectively, with such majority of votes thereat respectively, as is by the said act required. AND whereas, the last mentioned Gmnd Trunk Railway Company of Canada, (hereinafter called the Amalgamated Company,”) now, or shortly will be the Les- sees of the said Atlantic and Saint Lawrence Railway. AND whereas on the fourteenth day of December, in the year of contracts^ with Lord one thousand eight hundred and fifty-two, and previously to Jfg contraction ofid such amalgamaJtion, an agreement was entered into between said fii'st incorporated Grand Trunk Railway Company of Can- ' ada, and the parties hereto, of the second part, and on the twenty- third day of March, in the year of our Lord one thousand eight hundred and fifty- three, and also previously to such amalgtimation, another agreement was entered into between the said parties, in some degree modifying and varying the first agi’eement, and by the said agreements respectively, the said parties hereto of the second paid, (fici^malfcr English Contractors,”) un- dertook to constinict and complete the line of Railway above men- 30 AMALGAMATION AGREEEMENT. tioned, of the said Company, and to equip the same with Rolling Stock for the gross sum of three million pounds Sterling, and it was thereby agreed (amongst other things,) that of the said sum of three million pounds, one million and thirty-five thousand pounds, should be paid in Canadian Provincial Debentures guaran- teed by the Government of the Province of Canada, of such description as was specified in the Act of Incorporation of the said Company, nine hundred and eighty-two thousand five hun- dred pounds, in Debentures of the Company, having twonty -fiv^ years to run, and^f the description specified in the said agree- ment, and nine hundred and eighty-two thousand five hundred pounds, in shares or stock of the said Company, with certain special clauses and provisions, as to the mode of making such payments respectively, that out of the fund to be provided as * therein mentioned, for payment of the English Contractors, a sum of forty thousand pounds should be set apart for payment of the expenses of the Company, until the said Railway should be ready to be opened for tinflSc, that the English Contractors should pay the interest on the said Provincial Debentures, and also upon all debentures and stock applied or appropriated to the payment of the contract sum, and sold or transferred, by order of the English Continctors, until the said Railway should b e ready to be^opened for traffic, and that the said agreements were to be sub- ject to such modification as to the mode of payment and as to the nature of the securities, in and by which payment was to be made to the English Contractors, and as to the interim invest- ment of such funds as might become necessary or expedient in case of the union or amalgamation of any other Railway Com- pany or Companies, with the said first incorporated Grand Trunk Railway Company of Canada, so that the teim^ and conditions ^ ns of the said agreements as to construction and equipment, and price, Jackson & Co., for should be retained and preseiwed. AND whereas, also on the the construction of the i* ^^nd^Trunk Rdi- said twenty-third day ot March, an agreement was entered into dated, 28rd March, ’ betwceu the Said Giund Trunk Railway Company of Canada East, and the parties hereto of the second part, whereby the said English Contractors undertook to construct and complete the above mentioned line of Railway of the said Company, and to equip the same with rolling stock for the gross sum of one million two hundred and twenty-four thousand pounds, and it was thereby agreed (amongst other things,) that of the said sum of one million two hundred and twenty-four thousand pounds, four hundred and fifty-nine thousand pounds should be paid in Canadian Provin- cial Debentures, of the description above mentioned, three hundi’ed i iliuuiMUii puiimiB iu ' IXjii d sui I • bentures of the Company, of the description above mentioned. AMALGAMATION AGREEMENT. and three hundred and eighty-two thousand five hundred pounds in Stock of the said Company, -with certain special clauses and provisions as to the mode of making such payments, respective- ly ; that out of the fund to he provided as therein mentioned for payment of the English Contractors, a sum of thirteen thousand pounds should be set apart for payment of the expenses of the said Company, until the said Railway shall be ready to be opened for trafSc ; that the English Contractors should pay the interest on the said Pi-ovincial Debentures, and alsb upon all Debentures and stock applied or appropriated to the payment ot the said contract sum, and sold or transferred by oixler of the English Contractors, ^ , until the said Eailway shall be ready to be opened for traffic, and * the said Agreement should he subject to such modifications as to the mode of payment and as to the nature of the securities, in and by which payment was to be made to the Contactors, and as to the interim investment of such funds as might become necessary or expedient in case of the union or amalgamation of any other Railway Company or Companies, with the said Grand Trunk Railway Company of Canada East, so that tne terms and conditions of this agreement, as to construction and equip- ment, should be retained and preserved. AND whereas, also, i,g on the twenty- second day of October, in the year of Gur Lord ^ ^ one thousand eight hundred and fifty- two, an agreement Quebec and Rich- entered into before Notaries Public at Quebec, between the said ^ 1852. William Jackson, acting for the said parties hereto of the second part, and the said Quebec and Richmond Railroad Company, whereby, the said English Contractors undertook to construct and complete the above mentioned line of Railway of the said Company, and to equip the same with rolling stock, for the sum of six hundred and fifty thousand poimds, upon the terms and conditions in such contract mentioned and it ^was thereby agi-eed that, the gi’oss contract sum so made up, should be paid, as follows, two hundred and fifty thousand pounds, in Cana- dian Provincial Debentures, of the description above specified, one hundred thousand pounds, in Bonds or Debentures of the said Company, or in money proceeding from the sale of such bonds or debentures; twohundi-ed and five thousand pounds, by the pro- ceeds of shares to that amount, allotted to persons in England, as and when the calls and instalments thereon should be respectively paid, that the balance (if any) remaining due, should be paid by the proceeds of shares subscribed for and taken in Canadq, as and when the calls and instalments thereon should be respectively paid, and the fm-ther balance if any, in shares or stock of the n/'r„|v.vny nartain apftcial clauscs and provisions, as to the mode of making such payments, respectively, that the English f ^2 i i 117 jj Contract with Jack- r; son & Co., for the il construction of the Grand Junction ] Railway, dated 23rd ^ March, 1863. L)n 118 Joniract with C. S. Gzowski & Co., for the construction of ,lhe Railway from •Toronto to Sarnia. Dated 21lh March, 1853. AMALGAMATION AGREEMENT. Contractors should pay all the necessary expenses of the said Company, up to the time that the said Kailway should be ready to be opened for traffic, and that the said English Contractors should pay the interest on the said Canadian Provincial Debentures, and on the said Debentures of the Company, to the said extent of one hundred thousand pounds as aforesaid, and also on the shares or stock subscribed for and taken in Canada, as aforesaid, and upon any shares or stock sold or transferred by them. AND whereas, also, on the said t\venty-third day of March, in the year of oiu^ Lord, one thousand eight hundred and fifty-three, an agi-eement ^ was entered into between the said Grand Junction Railroad Com- pany, and the said parties hereto of the second part, whereby, the said English Contractors undertook to construct and complete a portion of the said Railway between Belleville and Peterborough, a distance of fifty-miles, and to equip the same with rolling stock for the gross sum of four hundred thousand pounds, and it was thereby agreed (amongst other things) that of the said sum of four hundred thousand pounds, one half was to be paid in bonds or Debentures of the Company, of the description above specified, and the remaining half in stock of the Company, that out of the fund to be provided as therein mentioned for payment of the English Contractors, a sum of four thousand pounds should be set apart for payment of the expenses of the said Company, un- til the said Railway should be ready to be opened for tiaffic ; that the English Contractors should pay the interest upon all Deben- tures and stock applied or appropriated to the payment of the said contract sum, and sold or transferred by order of the English Contractors, until the said Railway should be opened for traffic, and that the said agreement should be subject to such modifica- tions as the mode of payments, and as to the nature of the secmi- ties in and by which payment was to be made to them, and as to the interim investment of such funds, as might become necessaiy or expedient in CQpSe of the union or amalgamation of any other Railway Company or Companies, with the said Grand Junction Railroad Company, so that the terms and conditions of the said agreement, as to construction, payment and equipment, should be retained and preserved. AND whereas, also, on the twenty-fom-th day of March, in the year of our Lord one thousand eight hun- dred and fifty-three, an agreement was entered into behveen the said Toronto and Guelph Railway Company and the parties here- to of the thii-d part, (hereinafter designated as “ The Canadian “ Contractors,”) conditional upon the said hereinbefore mentioned amalgamation taking place, whereby, the said Canadian Contrac- ..ioi-a imdei-topk tp«;‘nostyi of Railway of the s'aia .ompany, and to equip tlic same witi amalgamation agreement. 33 119 rolling stock, for the gross sum of one seventy-six thousand pounds, and it was thereby agreed, (amongs other ttungs,) that the said Contract sum should ^ paid in money iu the manner therein specified, that a sum of ^rton thousand pounds should be set apart, for the expenses of until the said Railway should be ready to be opened for traflic, t^t the said Canadian Contractors should pay the interest on all the Capital called up by the said Company, for the pm^se of the said contract, until the said Railway should be r^y to ^ traffic, and that the said agreement should be subject to ^c modification as to the mode of payment, and as to the nat^ of the securities, in and by which payment was to ^ ^ might become necessary or expedient, such amal^m^mn being effected, but that the terms and conditions of the said a^e^ ment as to the price and construction, and retained and preserved. AM) whereas, also, on ® ^ „ ConWcl with Jack- third day of March, an agreement was ente^ into be^^n said first incorporated Grand Trunk Railway Company of Canada, victor, and the said English Contractors, conditionally, u^n the said 1353. amalgamation taking place, for the consi^ction by the said En- glish^ontmctors, of a Tubular Iron Bridge over Ilijer “ Lwrence at Montreal, for the sum of one million /our hundred thousand pounds, subject to a certain increase as tionedandit was thereby agreed, (amongst other things,) that the said Contract sum should be paid in cash, s^jec* Jo certmn special provisions, as to the mode of payment, and that tbe^^s tSetoLuld enter into all further deeds which might become necessaiy or expedient in consequence of such union or amal J- mation, so that the general terms and agreement should be retained and preserved. AM) whewt has in fact been found necessary or expedient, upon such ama g ' and aUerau'.;;^ mation, to introduce the following modifications and alterations ^cued. into the said contracts, veddi^it, that the parties hereto of the second and third part, shall be paid the said contract sums of which sums were calculated by the Contractors, as sterling and of not cm-rency,) respectively, in sterling money, in Ixindon, and not by Canadian Provincial Debentures, or Debentures or s^ck of the amalgamated Company, that in consideration of the En- glish Contractors relinquishing the said Canadian Provincial De- bentures, they shall be entitled to receive an addition of fifteen per cent upon the nominal amount of all sums which, under the said agreements, respectively, would have been paid in such De- bentures, (the said fifteen per cent being the present premium upon the said Debentures,) that the parties of the second part, hereinafter called the English Contractors, shall, on the first day 34 AMALGAMATION AGREEMENT. English Contractors thousand eight hundred and fifty-four, subscribe fot twenty-four thousand one hundred and fifty-three shares B^^iharesj’xsof 912 amalgamated imdertaking, of the one hundred and forty- bentu"rirx 8 oi, 9 iVoff^^ thousand nine hundred and twenty-shares, referred to in the JJjg prospectus as offered to the Public, Debentures convertible into Government Debentures, to the extent of three hundred and one thousand nine hundred and twelve pounds, and Company’s Debentures to the extent of three hundred and one thousand nine hundred and twelve pounds, that forty-eight thousand three hundred and seven shares of the one hundred and forty- four thousand nine hundred and twenty-shares, above mentioned Debentures, convertible into Government Debentures, to the extent of six hundred and three thousand eight hundred and thirty- eight pounds, and Company’s Debentures to a like extent of six hundred and three thousand eight hundred and thirty-eight pounds, shall be retained by the Company with the option and privilege reser\’ed to each holder of the seventy-two thousand four hundred and sixty-shares, now about to be issued, half of the one hundred and forty-four thousand nine hundred and twenty, above refeiTed to, apply for and take in addition to the shares held by him, two- thirds of the number of shares held by him, and an equal amount in Debentures, one half in Debentures convertible into Provin- cial Government Debentures, and the other half in Debentures of the Company, so as such option be exercised before the first day 123 of July, one thousand eight hundred and fifty-four, that so many tors shall aiso^i^e of the sharcs and Debentures so retained by the Company, as shares, and Bonds shall not havc bcon claimed and taken up by the actual share- noi taken by the , , . i *1 i i siockhoUereon the holders SO entitled to claim the same, respectively, under the l8l July, 1854, VIZ. i r* i -j . j /• t ^ 48^^^shares, privilege reserved to them, on or betore the said nrst day oi July, Tihif BioidB, in the vear of our Lord one thousand eight hundred and fifty-four, £603,833 Componj’i J f-i,, , iionds. shall thereupon and forthwith after that day, be also subsenbed for and taken by the English Contractors, that the parties hereto J24 of the second and tMixi part, shall provide the funds for the pay- W imer'Jrtirih? mcnt half-yearly, in London, of interest at the rate of six per cent l^MnSron'Imountper annum, on the amounts from time to time paid to them upon “o JaJ'Eiginetrt'’ the Certificates of the Engineer, under the several hereinbefore re- wUficaKs&c. &c. Contracts, and also on such additional sum, as the United Company may from time to time think it necessary to call up, for the purpose of providing for the current certificates and the expenditure of the Company, in reference to the Contracts any difference between the Contractors and the United Company, as to the amount to be kept in hand by the Company, for such pm-poses, to be settled by arbitration in manner hereinafter pronded for, v-lt 1ir — tlun nMimndun nWK ! cease, when, and so soon as the Toronto and Guelph Railway, shall be opened throughout for traffic, to Sarnia. 35 AMALGAMATION AGEEBMENT. NOW THEBEPOEE, IT IS HEEEBY AGEEED AMD DECLAEED, bj »nd between the parties hereto, as follows 1 THE amalgamated Company, shall be bound by the clauses, ' ' covenants, stipulations and conditions of the said recited agree- mlX^h L several Companies afomsaid, so far as Ae same»- are not directly or indirectly at variance j those of this agreement, and in all cases when there ^ ^ j 8uch variance or inconsistency, the clauses, covenants, stipiJ - tions and conditions of this agreement shall be «>ns« an taken as contielling, modifying and altering those of the said acTcements respectively, and the clauses, covenante, stipulations and conditions, so at variance or inconsistent with this agreement, j shall henceforth be wholly void and of no effect. 0 TTTAT excent as hereinafter expressly provided, all pay- All payments to bo ^ to the contototor. on aeceunt of work.. Bhells;;;? he made in sterling money, in London. 3. That in respect of the amount or proportion of payments, i,„ve which under the provisions of any of the said agreements, woid ** luBtcad of hL to be made to the English Contiuctors, in Canaan Provin- i’«v.ac«t. ho« cial Debentures, an addition of fifteen per cent shal be made to the nominal amount of each such payment, and shall be pmd to the English Contractors at such times and periods, resp^tively, as under the provisions of the said agreements lespecrively relat- ing thereto, such Debentures would have been deliverable to them. PKOVTOED, that, in case any difficulty should « T^ovTT^pnt under any of the Contracts aforesaid, in Provincial ^ures to be received the payment unuei aujr /..in aTinniri Debentures, and in consideration thereof, the Contractors should „p„. aeceptand take such Debentures to a^ extent, inst^ of an equal nominal amount in cash, all such Debentums shall, if and when required by the amalgamated Company, be transferred to them at Par. 4 THAT all the clauses and provisions in the said agreements, All the cla^ in the or either of them, relating to the creation of Debentures by the respective Companies, with whom such agreements res- pectively, are made, and as to the registration of such stock in the in f«r«e. names of the Contractors, and as to the handing over of Deben- tuies and certificates of stock to the persons in such agreements, respectively named as trustees, and as to the sale, transfer or in- ^ vestoent thereof, and as to the payment to be made to the Con- tractofs 'by fhe' ^ Ttttstccs, out of the monies or securities m their hands, and generally, as to the powers and functions of such g9»* 36 AMALGAMATION AGEEEEMENT. Trustees, shall be no longer operative or in force, and the pay- ments to be from time to time made to the Contractors, as pro- vided in the said agreements, respectively, shall be made by the amalgamated Company directly to the Contractors, in sterling, in London, in such proportions and by such instalments, and upon such certificates respectively, as in the said agreements respec- tively specified. Enifineer to grant THAT all the provisions in the said agreements respec- dooe. '"‘“^'’‘^"'‘’'^’“tively, as to the granting of Certificates by the Engineer of the Company, and as to the principle on which such certificates are to be granted, and as to the neglect or refusal of such Engineer to certify, and as to the consequences of such neglect or refusal, shall be applicable “ mutatis mutandis,” to the payments to be made by the amalgamated Company to the Contractors, and to the Chief Engineer of such amalgamated Company. corapiny^may re- THAT the provisions in the several recited agreements, as to R«iiways*when"comt accepting and Working by the Company, of a portion or portions proper so co'do!*"**** Railway, after the same shall have been completed and stocked, and as to the opening and working thereof, by the Con- tractors, in case the Company shall decline so to do, shall be ap- plicable to the Railways comprised in the United undertaking, and to the United Company. Engiuh Contractors THAT instead of the pTOvisions in Said the agreements res- x5i%for“,'Siaric8, pectively, as to the setting apart of specific sums for payment of cxpenscs, and paying such salaries and expenses, iiio Contracts. jjg aHowcd out of the whole Contract monies to be paid to the English Contractors, the sum of fifty- seven thousand pounds, and out of the whole Contract monies to caniJion contrac- *0 the Canadian Contractors, the sum of thirteen thousand iitoM for Srtes. pounds, which two sums, making together seventy thousand pounds, shall be applicable to the payment of salaries and ex- penses by the amalgamated Company, and the several payments as aforesaid, shall be made out of the monies payable in cash iperceuVw bede-to the Said Contractors, respectively, at the rate of one per cent of nenis made to ^on- the amount so payable, until such deductions shall amount in lunu set apart for ® whole, to fifty-seven thousand pounds, in the case of the English Contractors, and thirteen thousand pounds, in the case of the Canadian Contractors. Any baUime remain- 8 . IF on the Completion of the works, there shall be any por- w fo?la1arila”it ^ou of the Said seventy thousand pounds in the hands of the ff«?kno®b^°re-rafoSaid Company, not applied to, oro winir for such s abiriea arul ev- peiisc?, * as to fjSeContrac- 97 amalgamation agkeement. ** tors, in the ratio of fifty-seven seventieths to the English Contrac- tors, and thirteen seventieths to the Canadian Contractors. 9. THAT the Amalgamated Company vrill make such calls upon the holders of shares or stock, and of Debentures respec- tively, as may be required for payment to the Contoctors of the amounts from time to time certified m respect of wks. And company foiling if they shall fail to do so, and shall not pay to the Contractors ,2* ^onimctors have the amounts from time to time certified, -within one month, after the date of the respective certificates, it shall be at the option o the Contractors to suspend the further progress of the works, until such payment shall he made, and the penod of such sus- pension shall be added to the time allowed by the contract for completion. 1 n- THAT the English Contractors shall and will, on or be- in juiy, im fore the first day of July, one thousand eight hundi-ed and fifty- four subscribe for, and take the before mentioned twenty-four of the Amalgamated Company, Debentures of the Company, convertible into Provincial Debentures, to the nominal amount of three hundred and one thousand nine hundred and twelve pounds, and other Debentures of the Company, not so convertible, to toe like nominal amount of three hundred and one thousand nine hundred ond twelve pounds. 11 THAT toe English Contractors shall and -will, also, so Eng^h con- soon after the said first day of July, one thousand eight J and fifty-four, as they shall be required by the Directors of Amalgamated Company so to do, subscribe for, and take so many toe sha«, and ne- of the said number of shares and Debentures, so reserved as afore- said, as shall not, on or before that day, have been claimed by the persons entitled to claim the same respectively, and on taking the several shares and Debentures aforesaid, shall and will at once pay up on such of the shares and Debentures so taken by them respectively, the amount which may then have been called up an be payable upon the other shares and Debentures in the said Amalgamated Company, previously offered. 12. THAT as from the date of toe Amalgamation of the The English Con- Company, the English Contractors shall, and will at least seven days before the first day of January and the first day of July, respectively, in each year, provide for, and pay over to the Amal- f^rsiKeSU garated Company,aUhe Office of their Agent in London, a s^ « mto-of. six per cent per annum, im toe - Siltal then actually expended in the construction of the Railways is AMALGAMATION AGEEEMENT. and works comprised in the said recited agreement, and undertaken by the English Contractors, and not then opened for Traffic, the amount of Capital so expended to be ascertained from and deter- mined by the certificates of the Engineer, as to such Railways respectively, and the payments made by the Company thereon. the English Con- 13. THAT the English Contractors shall and will, also, nav tmctorsshall, also, on ,, i/. ^ ^ r J the same days, pro- on tue samcclays in each year, or as soon thereafter as the Amount ^jntercst on two- cau DO ascertained, interest at the same rate, on two- thirds of the called up, over and amouut which the Company shall then have actuallv called un, above the amount ex- it,. t n pended on works. Deyond What may have been reqmred for payment in respect of works, in order to provide for cun-ent certificates and expenditure, in reference to the contracts, and in case there shall be any dis- j pute or difierence between the Contractors and the Company as to . the additional amount upon which such further interest is to be ! paid, every such dispute or difierence, as and when it arises, shall i be settled by Arbitration, in the manner hereinafter provided. PROVIDED, that when the Toronto and Guelph Kailway shall be j opened through to Sarnia, the English Contractors shall pay the whole of such last mentioned additional Interest, and not two- j thirds of it only. I i 141 SfcteVe8t‘’‘thl’com^ default shall be made by the English Contrac- S3Luho°l^^o1im “ payment of the Interest on the said first mentioned amount, fbt^o'‘rks*'Jri.h'fi!*’ respective days appointed for payment thereof, or of the tel»tat6percent. further interest on such additional amount as last mentioned,, j within one week after such amount shall have been agreed or settled by Arbitration as aforesaid, the Company may retain and deduct out of the next or any subsequent payments to be made to i the said English Contractors, the amount so in arrear together with Interest thereon, at the rate of six per cent per annum, from the time of such default, and so as often as any such default shall be made. 142 15. THAT the payment by the Contractors of interest upon Capital expenaed in the construction of the said several Rail- ! ■ ways and works imdertaken by them, shall cease as to the pro- portion thereof expended on any particular Raihvay, when and so soon as such Railway shall be completed, so as to be ready for opening, and in the case of partial openings of any such Railway, sWl cease as to so much of the Capital as shall have been ex- pended on the part so opened, a proportionate part of the Current hrr f hmw i ll"'’ i iin hi nf i .niirb --r-i i irj l u ii H i i^i I for any fraction of a half-year. AMALGAMATION AGREEMENT. 16. THAT the Canadian Contractors shall and will, as from the 80 143 Canadian Conlrac- dde Stock of the St. Lawrence and Atlantic Railway Company to rank as stock of the United Company with so much paid on it Y4 75.000 Sterling to be paid to the Shareholders of the St. Lawrence and Atlantic Railroad Company for arrears of Interest 75 'he Stock of the Toronto and Guelph Railway Company ,^to rank as Stock in the United Company, with so much paid on it 76 / 1.000 Sterling to be be paid to the Stockholders of the Toronto and Guelph Railway Co. 77 / le Stock of the remaining Companies to rank as Stock in the United Company. . . 78 ■ isued Provincial Debentures belonging to any other Company, td become the property of the United Company 79 le United Company to create Stock to the amount of £4,864,800 Sterling, in shares of £25 Sterling each 80 e United Company to create “ Convertible Debentures” to the extent of £1,811,000 Sterling, to bie hereafter exchanged for Provincial Debentures 81 Bntures to be called “ Company’s Debentures ” to be created to the amount of £2,097,000 Sterling, convertible into Stock on or before 1st January, 1863^. 82 Company’s Debentures the sum of £279,200 Sterling, of the Stock the sum of £558,400 Sterling, shall be reserved for certain Share and Bond Holders 83 ies entitled to such Debentures and Stock, to signifiy their acceptance within 21 days "Irom notification. 84 6 Shares to be issued in exchange for Quebec and Richmond and St. Lawrence and Atlantic Shares 85 )portioning of Remaining Stock, Yiz 144,920 Shares equal to £3,623,000 Sterling. . . 86 isting Shareholders in certain Companies entitled to Shares in the United Company. 87 le Shares may be issued in Canada or elsewhere 88 ectors to have power to make arrangements for the issue of Shares and Debentures in England or elsewhere. 89 also, for the payment of Dividends and Interest . . 90 appointment of an Agent or Agents etc 91 ;all after first allotment to exceed £2 lOs. Od. on each Share, and 10 per cent on each Debenture, such calls to be at intervals of not less than four months. . . . . 92 ew Register of Shareholders to be made, and arrangements to be made for the exchange of Certificates . . 93 e Directors may enforce the payment of calls 94 le profits of the United Company to be available for Dividend 95 i of the Directors shall be resident in England 96 : Directors shall be a Quorum. Directors may vote by Proxy 97 ^ mes of the First Directors 98 ' alification of Elective Directors to be 25 Shares each. Government Directors not re- quired to hold Stock. 99 tirement of Directors. . . 100 •st ordinary General Meeting of Shareholders 101 tice of meeting to be published for one month. 102 tes to be equal to the number of Shares held 103 pointment of three Auditors 104 rectors may make By-Laws 105 e provisions of the several contracts with Jackson & Co. and Gzowski & Co., to be mod- ified and new contracts to be entered into . . . . 106 e United Company to pay Interest on shares and Debentures from date of Amalgam- ation to the final completion of the Road. 107 / e expenses of the Engineer and Staff of the Victoria Bridge, to be borne by the Co. 108 n Act to be applied for, if necessary, to confirm the Provisions of this agreement and for sundry other purposes 109 f the agreement is not ratified by all the Companies, it shall enure as to such of the Com- panies as shall ratify it. . . . . . . • • . • • . . . . . . . 110^ .corporation of the Atlantic and St. Lawrence Railway. .. .. .. .. .. Ill apital of the Atlantic and St. Lawrence Railroad Company : $1,700,000 in Shares, $3,000,000 in Bonds 112 cital of the lease entered into by the Hon. John Ross and William Jackson, on the part of the United Company with the Atlantic and St. Lawrence Railroad company for a term of 999 years 113 mtract with Jackson & Co. for the construction of the Grand Trunk Railway of Canada, dated 14th December, 1852, and 23rd March 1853 . . . . . . 114 ntract with Jackson & Co. for construction of the Grand Trunk Railway of Canada East, dated 23rd of March, 1853 IL'^ mtract with Jackson & Co. for the construction of the Quebec and Richmond Railroad dated 22nd October, 1853 j .. •• .. •• 113 mtract with Jackson & Co. for the construction of the Grand Junction Railway, dated 1 I3rd March, 1853 Ilf ^^.QW^d&^Co^ f^l^e constru rfion nf fbA frAm y ^ with Jackson & Co. for the construction of the Victoria Bridge, dated 23rd March, 11^ ^ ■f?' . certain modifications and alterations made in the several contracts before recited. ^ . . IJO Contractors to be paid in Sterling money instead of Provincial Bonds and to receive an« increase of 15 per cent upon the amount of such Provincial Debentures. • • • • Encrlish Contractors to take on 1st July, 1854, 24,153 Shares (called subsequently B shares) £301,912 of Convertible Debentures, £301,912 of Company’s Debentures. .. . . 1- The English Contractors shall also take the balance of the B Shares and Bonds not takvit by the Stockholders, on the 1st July, 1854. Viz :-48,307 Shares, £603,838 Convertibio Bonds, £603,838 Company’s Bonds V r The Contractors to pay Interest at the rate of 6 per cent per annum on amount of Capital called up to pay Engineer’s Certificates, &c. j: The Amalgamated Company bound by the preceding contracts All payments to bo made in Sterling money. •• •• , t,* ’ ^ Contractors to have 15 per cent in addition instead of Provincial Bonds. In case of difficulty, Provincial Debentures to be received by the contractors at pr All the Clauses in the preceding contracts, relating to lodging of Shares and Debenturei in the hands of Trustees, to be no longer in force • • • • » Engineer to grant Certificates for works done • • • • ; • Company may receive portions of the Railways when completed, if they judge proper sc Engl^h Contractor to pay a sum of £57,000 for Salaries, instead of the various sumi mentioned in the contracts I Canadian Contractors to pay £13,000 for Salaries. . . • • • • • • One per cent to be deducted from the payments made to Contractors, to meet the sum sel Any balance remaining of the sums set apart for salaries at the completion of the works to be repaid to the Contractors * * , ” x* * x “ • The Company failing to pay the Certificates, the Contractors have the option of stopping "works •• •• ** ** ** "* ** ** ** On the l 3 t July, 1854, the EnglUh Contractors shall take the Shares and Debentures men- tioned in the preceding Clauses •• .W. *’ • The English Contractors shall also, as soon after the 1st July, 1854, as they shall be requir ed to take the balance of shares and Debentures ‘ * t i * *• The English Contractors shall, seven days before 1st January and 1st July, in every year, | proWe for the payment of Interest on the capital actually expended on the works. The English Contractors shall, also, on the same days, provide for the payment of Interest on T of the amount called up over and above the amount expended on the works. . In default of payment of Interest, the Company authorized to deduct the amount from thl Certificates for works with Interest, at 6 per cent. . . Payment of Interest to cease in proportion to the Line opened. . . . • * * , , i Canadian Contractors to pay Interest at six per cent per annum, on amount expended on works, and to provide for the same 6 days before 1st January and 1st July in each yea^ Canadian Contractors shall also pay Interest on one third of the amount called up over and above the amount expended on the works. .. •• •• ^ • • •• •• Calls due by the Contractors may be ciedited to them against an equivalent amount on Certificates for work. . . • • • • • • • • * * **..'* / * • ^ Application to be made to the Provincial Legislature for an Act, authorizing an extensiul of the time for completing the works, and for other purposes. . . . . • * * . In case of dispute, the matter in dispute to be referred to three Arbitrators, tob. approve of by the Governor in Council Interpretation Clause. • • f 139 140 141 142 I 1431 144 145 14C 147 14S AGEEEMENT BETWEEN THE CITY OF TORONTO AND THE GRJl TRUNK RAILWAY COMPANY OF CANADA FOR THE CONSTRUCTION OF THE COMPANY’S TRACT ALONG THE FRONT OF THE CITY, V' • ■% ^4 ^ V, “■?■ , 4^ W . "f '■■V^L;Ss - ■Jfa.v V . V V’*'^ ,V; ■ ^ (i-" N ' T ' ' V t.. .x.' S x.\" \' - ■v.V'i:*S '•-'t ;. ":. s- •; '■■ > "i VlA» ', JtvV ' f. ■ ■^ -i'\^'f’ ■ ■ 'V.'r- , -F AGREEMENT BETWEEN THE CITY OF TORONTO AND THB GRAND TRUNK RAILWAY COMPANY OF CANADA. Tins AGREEMENT, made the 21st day of January, in the year of our Lord 1856, BETWEEN the Mayor, Aldermen and Commonalty of the City of Toronto, of the first part, and the Grand Trunk Rail- way Company of Canada, of the second part. WHEREAS, by certain articles of agreement, bearing date the 4th day of January, in the year of our Lord one thousand eight hundred and fifty four, the party hereto of the first part contracted with Casimir S. Gzowski, D. L. McPherson, L. H. Holton, and A. T. Galt, for the Construction of an Esplanade along the front of the City of Toronto, upon the terms and conditions in the said articles of agreement mentioned ; AND WHEREAS the said C. S. Gzowski, D. L. McPherson, L. H. Holton, and A. T. Galt, commenced opera- tions under the said contract, and have performed part of the work therein contracted to be performed, and have certain elaims and demands against the said party hereto of the first part, under the said contract. AND WHEREAS the said party hereto of the first part has declared the said contract at an end ; AND WHEREAS the said party hereto of the second part have agreed to assume the settlement of all claims and demands by the said Casimir S. Gzowski, D. L. McPherson, L. H. Holton, and Alexander T. Galt, against the said I 4 party hereto of the first part, and to relieve and indemnify the said party hereto of the first part from all the said claims and demands. AND WHEREAS, under the Provisions of an Act of the Legis- lature of this Province, entitled An Act to authorise the Grand Trunk Railway Company of Canada to change the location of their line in and near the City of Toronto,” the said party hereto of the first part are authorised and empowered to contract with the party hereto of the second part for the construction of the said Esplanade, or of any portion thereof. AND WHERE AS the said party hereto of the first part are desirous of contracting with the said party hereto of the second part, for the construction of the works hereinafter men- tioned. NOW these presents witness, that the party hereto of the first part, for themselves and their successors, and the party hereto of the second part, for themselves and their successors, mutually covenant, promise and agree the one to and with the other as follows FIRST — ^The party of the second part agree to assume the settle- ment of all claims existing between C. S. Gzowski, D. L. Macpher- son, L. H. Holton, and A. T. Galt, and the party hereto of the first part, and to indemnify and relieve the said party of the first part of and from the same. SECOND — The parties hereto agree forthwith to submit the said claims, as matters in dispute between them, to the award, final end and determination of A. M. Ross and T. C. Keefer, Esqrs., and of a third Arbitrator, to be chosen by the persons so named before pro- ceeding with the said arbitration ; and the parties hereto mutually covenant the one with the other, for themselves and their successors, that they will well and truly stand to, abide by, perform, fulfil and keep any award which may bo made by the Arbitrators so named and chosen or by a majority of them. Provided that such award be made in writing, ready to be delivered to the said parties on or before the first day of March next, the said Arbitrators or a majority of them to have the power to enlarge the time for making their award by writing, under their hand, and to examine all persons and witnesses upon oath. Provided always, and it is hereby agreed, that the said party of the first part shall be at liberty, before the said 5 arbitrators, to dispute tbe quantity and prices of works, and materials charged for, by the said C. S. Gzowski, D. L. Macpherson, L. H. Holton, and A. T. Galt, and each and every other claim made by them in like manner as if such arbitration had been made between the said C. S. Gzowski and his said partners and the party of the first part. THIRD— -The party of the first part agree to pay the amount of any award which may be made by the said Arbitrators, or a majority of them, by virtue of the above reference, in favour of the party of the second part, for and on account of the claims of the said Gzowski & partners, against the said City, hereinbefore agreed to be assumed and settled by the said party of the second part, in Debentures of the party of the first part, payable in twenty years, with interest thereon, at the rate of six per cent, per annum, payable semi-annually, the said Debentures and interest to be payable in sterling money, in the City of London, England, at such banking-house as the party of the second part may name, the said sterling money to be at the rate of 24s. 4d. currency for each pound sterling, or in cash, at the option of the party of the first part. Provided always, that if the party of the first part elect to pay the amount of such award in Debentures, payable as aforesaid, then the rate of premium or discount at which the said party of the second part shall be bound to receive the same shall be fixed by T. G. Ridout, Esq., Cashier of the Bank of Upper Canada, and the parties hereto mutually agree to pay and receive the amount of such award in the Debentures, at such rate as the said T. G. Ridout shall so fix. But if the said party of the first part elect to pay the amount of such award in cash, then the said party of the first part shall be allowed a credit of twelve months from the date of such award to pay the same, the amount so awarded to bear interest, at the rate of six per cent, from the date of such award. The said party of the first part also agrees that they will make the debentures so to be issued, payable in such sums as the party of the second part may require. Provided, that they shall not be required to issue Debentures for a smaller sum than £100 each. It is also agreed, that the said party of the first part shall declare their option, and deliver the Debentures on certificate hereinafter mentioned to the party of the second part, within one calendar month from the making of the said award ; and that if the party of the first part do not within the said term of one calendar month elect to pay the said award in Debentures, and notify sucb tbeir eleetion to the parties of the second part, within the said term of one calendar month, then it is understood and agreed between the parties, that the party of the first part shall be held and taken to have elected to pay in cash, in manner and on the terms before mentioned. FOURTH— The party of the second part covenant as aforesaid forthwith to proceed with the construction of a Railway track or way forty feet in width, with all necessary slopes in cuttings, in the proportion of one-and-a-half horizontal to one perpendicular, along the front of the City of Toronto, on the line and in the direction marked on the plan hereto attached, and which shall be taken to he part of the contract. ^The party of the first part covenant as aforesaid, that in consideration of the sum of £10,000 of lawful money of Canada, to be paid to the party of the first part by the party of the second part, they shall and will guarantee the exclusive right of way for the said forty-feet track, along the said line, from Brock Street to Parliament Street, as shewn on the said plan, to the said party of the second part and their assigns, and shall and will indemnify and save harm- less the party of the second part and their successors, of, from and against all claims and demands whatsoever, of or by all person or persons whomsoever, for or by reason of the construction of the said forty-feet tract, and the said slopes, and shall and will pay and dis- charge all claims for land, damages, and all costs and expenses of any arbitrament or other legal proceedings which may be necessary, or may be incurred in consequence of the construction of the said tract of 40 feet and slopes. It being expressly declared and agreed between the parties hereto, that the party of the second part shall not for or by reason of the construction of the said Railway Track and Slopes, be subjected to the payment of a larger sum than £10,000, for any cause whatsoever. SIXTH — Provided always, that the said party of the second part shall not obstruct the approaches to the wharves in front of the City unnecessarily, in the construction of the said forty-feet tract ; and also that the said party of the second part shall, during the con- tinuance of the said work, at their own expense, keep up at least two lights at night at such approaches to any of the public wharves in front of the said City, where any such work is at the time being proceeded with, and such temporary approaches thereto as may he necessary during the progress of the work. SEVENTH — The said Railway Track of forty feet in width, with the said slopes, to be constructed by the party of the second part, in such manner as may be considered necessary by the Engineer appointed by them to superintend the construction of the same. Provided always, that no alteration in the line so marked on the plan hereto annexed shall be made without the consent of the party of the first part, and that the proportion of one-and-a-half to one be observed. EIGHTH — The party of the second part covenant as aforesaid, that in the construction of the said Railway Track they shall not and will not obstruct the escape of the present public Sewerage of the City. NINTH — The party of the first part covenant as aforesaid, that they shall and will pay to the party of the second part, for the con - struction of the said Railway Track and Slopes, as follows, the price and quantities of all works and materials to be fixed by the Arbitra- tors herein before named, within one month from the date of this agreement. And the parties hereto mutually covenant the one with the other, for themselves and their successors, that they will well and truly stand to, abide by, perform, fulfil and keep any award which may be made by the Arbitrators so named and chosen, or by a majority of them, or by such Arbitrators as may be hereafter named and chosen as hereinafter provided, so that their award be made in wnang, under the hands of the said Arbitrators or of a majority of them. tenth — T hat the party of the first part covenant as aforesaid, that they shall and will monthly give to the party of the second part a certificate, under the seal of the party of the first part, of the amount payable, at the rates to be fixed by the said Arbitrators as aforesaid, for the work done and materials furnished by the party of the second part, such monthly certificates to be given upon the certificate of the Engineer in charge of the work. ELEVENTH — ^The party of the first part agree to pay for all work done and materials furnished in the construction of the sdd RaUway track in debentures of the party of the first part, payable in twenty years, with interest thereon, at the rate of six per cent., per annum, payable semi-annually ; the said debentures and interest to be payable in sterling money, in the city of London, England at such Banking-house as the party of the second part may name , the said sterlingmoney to beat the rate of 24s 4d. currency for each pound sterling, or in cash, at the option of the party of the firat part. Provi^d always, the said party of the first part shall, within one month from the date of this agreement declare their option as to whether they will pay in debentures or in cash, and that no altera- tion shall afterwards be made in the mode of payment. TWELFTH — If the party of the first part elect to pay for the said work, materials, and other claims, in debentures, payable as aforesaid, then the rate of premium or discount at which the party of the second part shall be bound to receive, the same shall be fixed by Thomas G. Ridout, Esq., Cashier of the Bank of Upper Canada, and the parties hereto mutually agree to deliver and receive the said debentures at such rate as the said T. G. Ridout shall so fix. But if the said party of the first part elect to pay in cash, then the said party of the first part shall be allowed a credit of twelve months from the date of such monthly certificate, to pay such certificate, the said amount to bear interest at the rate of six per cent. The said party of the first part also agree that they will make the debentures so to be issued for the said work payable in such sums as the party of the second part may require. Provided that they shall not be required to issue any debenture for a smaller sum than £100. THIRTEENTH — The party of the first part further covenant, as aforesaid, that they shall and will furnish to the party of the second part, such earth as the party of the second part may require for the construction of the said track of forty feet and slopes as aforesaid, and which it may be in the power of the party of the first part to grant at and for the price of threepence for each cubic yard, and the party of the second part covenant, as aforesaid, that they will well and truly pay to the party of the first part the said price of threepence per cubic yard for each yard of earth so furnished, or shall and will allow the same as a payment on account of the work done under this contract. FOURTEENTH — The party of the second part further covenant as aforesaid, that they shall and will well and truly pay to the said party of the first part the said sum of £10,000, upon the said party of the first part assuring to the said party of the second part and their assigns the exclusive right of way over, upon, and along the said Railway track of 40 feet. FIFTEENTH — The party of the second part further covenant as aforesaid, that they will by all means in their power assist the party of the first part in obtaining a Patent from the Crown of all lands and land covered with water, which the party of the first part now hold or claim or claimed title to, under the license of occupation granted to the party of the first part, on the 29th day of March, 1853, so soon as these presents are executed. SIXTEENTH — It is also agreed between the parties hereto, that as well the party of the first part and their assigns, as also all owners of lands or land covered with water immediately to the south of and abutting upon the southerly side of the said forty feet track, or entitled to the slope immediately to tho north of the said track west of Bay Street in the said City of Toronto, and their assigns shall have the right to build over the said track, provided that all erections be done upon and according to such plan as shall be approved of by the Board of Railway Commissioners. And provided also that such erections do not interfere with the lighting, ventilating and other, the full and free use of the said track by the party of the second part. SEVENTEENTH. — And, whereas, doubts have been entertained as to the liability of the party of the second part, to make and erect bridges and crossings over and upon the said tracks, for aiyi by rea- son of the occupying and using the same by the party of the second part as a Railroad Track. It is hereby expressly declared and agreed, that the party of the first part shall not require the said party of the second part, to build, find, or procure any Bridges, Ramps, Cross- ings, or any other approaches whatever, over, along, or to the said Railway Track; but shall provide all such, if and whenever required, at their own expense ; it being the intention of the parties to these presents, that the party of the first part, for and in consider- ation of the said sum of £10,000, so to be paid as aforesaid, do guarantee and indeninify tlie party of the second part of, from and against all claims and demands whatever, for or by reason of the Railway of the party of the second part being placed on said track of 40 feet. EIGHTEENTH — ^The party of the second part do further agree, that they shall and will assist the party of the first part, in so far as may be necessary in contracting for, or constructing the Esplanade along the front of the City of Toronto, under the second section of the Act passed in the 18th year of Her Majesty's reign, Chap. 175 j and fixing upon and determining the plan and site of the said Esplanade, and in taking any other benefit under the said act for the purpose of conferring upon the party of the first part the powers mentioned in the said act concerning the said Esplanade, if the party of the first part shall deem it advisable to require such assistance; the party of the first part agreeing to pay all costs and expenses thereby incurred. And the party of the first part agree that they shall not let to contract nor construct the Esplanade, or general earth-filling until after the party of the second part shall have completed the said Railway Track and Slopes. Provided always that the party of the second part shall use all reasonable expedition to finish the said Railway Track during the present year. It is also mutually agreed that the party of the first part shall not interfere unreasonably with the party of the second part, nor shall the party of the second part interfere unreasonably with the party of the first part, either in the formation of the Railway Track, or after the construction and occupation of the said Track by the said party of the second part, or in the construction of the said Esplanade ; but each shall and will afford all proper facilities to the other. NINETEENTH — It is agreed that on any reference to arbitration under any of the provisions of this agreement, all maps, plans,* surveys, and documents made by C. S. Gzowski & Co., or the party of the second part shall be produced before and submitted to the arbitrators, who may act in any of the above matters, and the same shall be open to and may be used and referred to by the parties hereto, for the purposes of such arbitration. It^is also agreed that if the said Alexander McKenzie Ross shall be unable or refuse to act as an arbitrator, then the party of the second part shall have the right to nominate another person in the place of the said Alexander 11 i C McKenzie Ross ; and if the said Thomas C. Keefer shall be unable or refuse to act as an arbitrator, then the party of the first part shall have the right to nominate another person in the place of the said Thomas C. Keefer. TWENTIETH — It is agreed that the submissions herein con- tained, and any award made thereunder, may on the application of either party be made a rule of one of the Superior Courts of Com- mon Law for Upper Canada. TWENTY-FIRST — ^Lastly, it is agreed, that in the event of any application to the Legislature being considered necessary or expedi- ent by either of the parties hereto, for the purpose of confirming or sanctioning any stipulation or agreement herein contained, the parties hereto shall and will, and hereby do consent to such applica- tion being made ; and further, that if the party of the first part shall deem it expedient to apply to the Legislature for any purpose what- ever connected with the construction of the Railway Track, or of the Esplanade, or the general earth-filling, or the laying out, or planning, or alteration of the same, the party of the second part shall and will assist the party of the first part, by all reasonable means, in such application, and in procuring whatever Legislation may be required on the subject. AND WHEREAS the track of the Ontario, Simcoe and Huron Railroad Company passes upon that part of Front Street aforesaid which will be required for the slope in the construction of the said Track of the party of the second part, and it is necessary that some provision should be made in reference thereto. NOW THESE PRESENTS WITNESS, that it is mutually agreed between the said parties of the first and second parts, that if the said party of the first part shall at any time within one calen- dar month from the execution of these presents desire to make any deviation from the location of the said track of the party of the second part, as laid down upon the said plan, so as to prevent inter- ference with the said track of the Ontario, Simcoe, and Huron Rail- road Company, then that the said party of the second part, on notice thereof within the period aforesaid, shall proceed to execute their said track upon that part thereof lying between Brock and Bay Streets, on such part of the frontage of the said City as shall not be further south than twenty-six feet from the southern line of the said forty feet, as laid down on the said plan ^ and all the covenants, agreements and provisions herein contained and applicable to the said forty-feet track, as laid down on the said plan, shall be applicable to the said substituted track as fully and effectually to all intents and purposes as if such substituted track had been the track originally laid out on the said plan, and had been specially referred to in all the provisions of these presents. AS WITNESS the hands and seals of the said parties, the day and year first above written. (Signed) G. W. ALLAN, Mayor, [L. S.] (Signed) JOHN EOSS, President Grand Trunk Railway Company of Canada, (Signed) A. T. McCOED, Chamberlain, Signed^ sealed^ and delivered in presence of (Signed) C. GAMBLE. (Signed) W. SHANLEY. Toronto, 21st January, 1856. Sir, At your request I hereby consent and agree that the track of the Northern Railway, along the south side of Front Street, between Bay and Brock Streets, shall continue to be left where it is until the 15th day of June now next ensuing ; and further, that we will con- struct our forty-feet track for the City, and accept it under an agreement with the City (if notice be given by the Corporation within one month from ibis date desiring us to do so) along the outside line of the proposed Esplanade, as shown and pointed out by Mr. Shanley in pencil, on the plan which we have signed ; and further, where the said forty-feet track touches the old line of Esplanade, the line to be carried along the south side thereof, subject to all the conditions, covenants and provisoes contained in the agreement this day executed between the City and ourselves, if the City desire such change within one month from date. (Signed) To G. W. Allan, Esq., Mayor of Toronto. JOHN ROSS, Pres, G, T. R, Company, P. S. — The Covenant in our Agreement with respect to the patent for the property embraced in the license of occupation of 29th March, 1853, 1 shall endeavour to get carried out as speedily as pos- sible. Mr. Wilson requested Mr. Attorney-General Macdonald, in my presence, to get it ready as speedily as possible, and I have no doubt that this is being done according to the terms read over by you in presence of Mr. Macdonald and Mr. Cayley, when we met to agree upon the terms embraced in our present contract. (Signed) JOHN ROSS. Council Chamber, Toronto, Feb. 11th, 1856. Resolved — ^That the Solicitor of the Corporation be instructed to 14 give notice to tlie Grand Tnink Railway Company of Canada, pur- suant to the agreement of the 21st January last, that they are required to remove their forty feet track from the foot of the slope, so much further south as will prevent interference with the track of the Ontario Simcoe and Huron Railroad Company. Communicated by the City Solicitor to The Hon. John Ross, President G. T. R. Co. of Canada. February 19th, 1856. Copy of Report of Standing Committe on Wharves Harbours, &c. To the Worshipful the Mayor, Aldermen and Commonality of the City of Toronto in Common Council assembled. The Standing Committee on Wharves and Harbours beg leave to bring up the first Report. That in as much as the Arbitrators appointed between the City and the Grand Trunk Company, under the contract entered into between them under date of the 21st January last, have been as yet unable to meet to enter upon such arbitration. And whereas, it may be doubtful whether the time for such arbitration may not expire before any meeting of such Arbitrators. The Committee hereby recommend to the Council to adopt a resolution agreeing to enlarge the time for making any award to be made under the said contract for the period of two months from this date. All of which is respectfully submmitted, (Signed) GEORGE A. PHILLPOTTS, Chairman- Adopted in Council 21st February, 1856, and communicated same day by the Clerk of the Council to The lion. John Ross, President of the Grand Trunk Railroad Company. Toronto, February 28th, 1856. Sir, I have the honour by direction of the Directors of the Grand Trunk Railway Company to inform jou that at their meeting this day they resolved to agree to an enlargement of the time for a period of two months from 21st February inst., for making the award under the recently executed Contract between this Company and the Toronto Corporation, on the subject of the Esplanade, and that the President of the Company is duly authorised to take the necessary steps to give legal effect to such enlargement on behalf of the Company. (Signed) JOHN M. GRANT, Assistant Secretari/, To His Honour, The Mayor of Toronto. TORONTO: THE GROUNDS UPON WHICH ARE BASED HER CLAIMS TO BB of ^Iflkrnmeiit of Cattak; WITH A MEMORANDUM ADDRESSED BY a SIR FRANCIS BOND HEAD, Babt., TO THE Stmtars flf fox % ^foloniw, , ON THE SUBJECT. TORONTO : THOMPSON & Co., PRINTERS, 62 KING STREET EAST. isee. Her Majesty’s Secretary of State for the Colonies having (in a note dated 6th of January, 1858), authorised Sir Francis Bond Head, Bart., to communicate his opinion on the selection of the Seat of Government in Canada to any one he might think proper,” the publishers have suc- ceeded in obtaining a copy of this important and intetesting official docu- ment, and submit it, together with a statement of the grounds upon which Toronto bases her claim to becoming the permanent Seat of Government for the Province of Canada,” prepared by a Select Committee of the Common Council of the City of Toronto, to the public. Toronto, February 27th, 1858. CLAIMS OF THE CITY OF TORONTO TO BE THE PERMANENT SEAT OF GOVERNMENT OF CANADA. Governor’s Secretary’s Office, (Circular.) Toronto, C. W. March, 28th, 1857. Sir, You are possibly aware that the Legislative Council and Legislative Assembly of Canada have addressed Her Most Gracious Majesty to exercise Her Prerogative in the selection of a perma- nent Seat of Government for the whole Province. In the event of Her Majesty complying with the prayer of their addresses His Excellency, is anxious that Her advisers in England should be enabled to place before Her a full and fixed statement of the claim of each separate city which may be considered a candi- date for the honor of becoming the future capital of Canada. As a matter of course the final selection must depend on a com- prehensive survey of the interests, not of any one place, but of the whole Province, as part of British North America. The claims, however, of each city are likely to be stated by the persons most interested in supporting them, better than they would be by any other party. His Excellency, therefore, invites the Corporation of Toronto to cause to be prepared a paper setting forth the reasons which may, in their opinion, favour the claim of that place to be selected by the Queen. With every wish to afford full time for preparing these state- ments, His Excellency desires that it may be in the hands of the Colonial Secretary by the first week in July in the present year. 4 You will please, if you see fit to comply with His Excellency’s desire, address the packet to the Right Honorable the Secretary of State for the Colonies, London, and endorse it with the words. City of Toronto, Canada.” I have the honor to be, Sir, Your obed’t. serv’t. To His Worship R. T. PENNEFATHER. The Mayor, Toronto. The foregoing Communication was referred, by the late Council, to a Select Committee, consisting of the Mayor, John Hutchison, Esquire, Aldermen Brunei, Manning, Mowat, Phillpotts, and Rob- inson, with Councillors Earl, Moodie, Ramsey and Sproatt. The Committee reported the following as the claims of the City of To- ronto, and it was, in compliance with the instructions contained in the circular, transmitted to the Colonial Secretary, accompanied by several maps and photographic views of buildings and streets of To- ronto, early in July, 1857. Mayor’s Office, July 1st, 1857. To THE Right Honorable The Secretary of State For the Colonies. Sir, — The Governor General having called upon me to furnish Her Majesty’s Secretary of State for the Colonies with a statement of the grounds upon which Toronto bases her claims to becoming the permanent Seat of Government for the Province of Canada, I have now the honour of addressing you in compliance with His Excellency’s request. In order to estimate the value of the arguments on which I rely for establishing the justice of the selection I am advocating, it is necessary to state the considerations which will naturally influence Her Majesty’s Government in determining upon the selection of a n '5 2 5 site for the permanent Capital of Canada. In doing so, I hare endeavoured to approach the question in a broad and extended view of those interests which concern the whole Province, uninfluenced by the supposed claims of any particular locality to especial con- sideration, for this city repudiates the idea that it has any pre- tensions to the distinction of continuing to be the metropolis of this vast dependency of the British Crown, other than those based upon an enlarged and prospective view of public policy, convenience and justice to the people, considered as one great body of British sub- jects, without regard to national distinctions, which time is rapidly obliterating. Among the considerations which may be presumed to influence the determination of this important question are — 1st. The convenience of the people to be governed, keeping in view the direction in which the settlement of the unoccupied ter- ritories is advancing, as indicated by past experience. The extent and availability of those territories for the purpose of colonization. And also the commercial energy of the people as evinced by their commercial wealth and enterprise. 2nd. Economy. 3rd. The defence of the capital in the event of war with the ad- joining States. Although the exigencies which may arise during a state of war are not to be disregarded, it appears just to give the greatest im- portance to the considerations first named, and in relation to them I shall confine, myself strictly to facts deduced from oflScial docu- ments, which, without doubt, are within the archives of your oflSce. When the Union of the two Provinces was consummated, the districts bordering on the waters of Lake Ontorio at its western extremity were looked upon as being conterminous with the west- ern limits of Canada. In 1843, the population of the two Provinces numbered 1,190,867, and of these there were in the Home District, (in which Toronto is situated) and westward of its eastern boundary, only 275,081, being 23.1 per cent of the whole population.* ♦ S«e Statistics published in “Bouchette’s” Map, 1843. In 1851, by the census then taken, the population of United Canada was found to be 1,842,265, and of these there were to the westward of the same line, 579,524, being 30.3 per cent, of the whole, and exhibiting an increase in eight years of 110.6 per cent, west of the supposed line of demarcation, and only 37 per cent, eastward of it. A similar rate of increase, if maintained, would, in 1859, make the population west of Toronto, 1,220,477, and east of it, 1,729,955, while in 1867, just ten years hence, a similar ratio of increase will give a population west and east respectively, of 2,570,324 west, and 2,370,038 east. In like manner, if we estimate the density of population embraced within circles described with equal radii, and having the various competing cities as centres ^ by the ratio of increase indicated by the census of 1851, as compared with that previously taken, we find that, in 1859, within a radius of 60 MILES. 100 MILES. * Toronto will have 596,992 1,118,578 Montreal will have 551,667 841,185 Quebec will have 251,262 425,523 Ottawa will have 234,969 544,242 Kingston will have 180,646 521,383 160 MILES. 1,460,558 1,182,868 897,423 1,179,810 833,567 Thus satisfactorily proving that within two years (as in all proba- bility it now is) Toronto will be the centre not only of the greatest wealth, but the greatest number of inhabitants. As the above calculations are based upon data obtained from official documents, and represent a period of eight years, four of which were years of extraordinary depression, and inasmuch as the progress of settlement in the adjoining States exhibits parallel re- sults, I can discover no reason for questioning the correctness of the deductions drawn therefrom. But doubts, however unfounded, may arise as to the extent of territory available for agricultural purposes, west of this city, being sufficient for so large a population * These figures are arrived at by increasing the population in each district or county included within the limits named, in the ratio of increase shewn by the opnaus of 1851, and those previously taken. These ratios vary from 13 S-lOths per cent, per annum for the districts west of Toronto, down to 3 68-lOOths for the district of Montreal. 7 as I have indicated, without checking the ratio of increase on which my figures are founded, by ceasing to afford the requisite inducements to settlers, as will presently be seen no such, check is likely to occur. I shall hereafter refer to the Red River Settlement, and the Hudson Bay Territory, and their probable future connection with this Province ; but for the present I shall confine myself to the boundaries of Canada as usually exhibited on maps. Thus United Canada extends from the 64th to the 91st degree of longitude west of Greenwich, and from the 42nd to the 51st parallel of north latitude. Toronto is in longitude 79° 25" west, and nearer as re- gards the east and west limits of the Province to the geographical centre of the country to be governed, than any of the cities men- tioned in connection with this question, and if we exclude from our argument the sterile coasts and territory bounding the Gulf of St. Lawrence, it will be found that this city lies in fact somewhat to the eastward of the centre ; especially will this appear if we exclude all territory which lies to the north of the mean temperature of Quebec, (i. e. 41 of Farenheit) as we might justly do for all practical pur- poses of colonization. In this way the number of square miles of territory east of the meridian of Toronto w^ould be reduced to 85,690, and west of that meridian there would be 180,484 square miles. That the isothermal line of 41° of mean temperatxire which passes through Quebec is deflected by the influence oOhe great inland seas far to the north of the assumed Canadian Territory, is an im- portant fact, inasmuch as the moderate temperature which prevails over the vast tract of finely timbered lands lying to the north of Lakes Huron and Superior, is a guarantee that an early period will see them settled by an agricultural population who will not only be able to supply the wants of those engaged in mining operations on the shores of these lakes, but will have a large surplus of cereals for exportation to Europe. Recent explorations through the territory alluded to, have proved it to be well adapted to colonization, and capable of immediately affording vast and almost unlimited supplies of timber of the finest quality.* In fact, therefore, the territory westward of the meridian of Toronto is greater in extent than that to the eastward of it, and if we take into consideration the vast prairies (and the magnificent uplands drained by the Saskatchewan and other rivers) withm the British possessions, and if we add to the importance of these the value of the vast coal fields and other mineral resources between this Province and the Rocky Mountains, and bear in mind that the line of mean temperature before mentioned still tends towards the north as we advance westward, we shall be forced to the inevitable con- clusion that the present generation will see interests in existence about the shores of Lake Superior, equal in every respect to those which now render the trade of Lakes Huron, Erie, and Ontario, so important an item in the commerce of America.f Apart from all these, however, the fertile districts of the west- ern Peninsula, already surveyed and in a course of settlement, af- ford abundant space for a population far greater than I have in- dicated, without any portion of it becoming more thickly settled than the counties lately constituting the County of York now are; it is abundantly evident therefore, that both as regards population and territorial extent, this city occupies a more central position than any other city named as likely to be selected for the seat of gov- ernment.!; It has been justly held that where Railways are in existence, the activity of the traffic over them may be fairly taken as the exponent * See Commissioner of Crown Lands’ Report for 1856, pages 37 & 88. Also appendix to the same, pages 262 & 271. f See Report of Commissioner of Crown Lands for 1856, pages 40 to 47. t In 1848 the population of the Home District in the County of York was 106,- Zbi. In 1861 it was 135,111. Increase, equal to 9 per cent, per annum, 28, Bv the aboye rate of increase the population of the Home District or County of v„,ir Tinw 207 070. The number of square miles according to Bouchette, m too DTstrict is 2 064. Number of inhabitants to 1 square mile lOOS-lOths. The “ ™t?^f^uare miles in the districts west of the east limit of the Home Distnct Tn^nty of York already suryeyed, is 27,671. The population would therefom be equal to 2,776,401 if as thickly settled as the county constituting the old County of York or Home District. •wnM 9 of the energy and enterprise of the inhabitants, as well as of the commercial, agricultural and other capabilities of the country and people. If we apply this test, we shall find it an overwhelming evidence of the fact, that in all these particulars, the west is far in ad- vance of the east ; for, not only in the gross amount earned per week, but in the average earnings per mile, the Railways west of this city exhibit returns both in the former and latter respect nearly three times as great as those exhibited by the Railways east of it.* It is difficult to separate from the gross amount returned, those portions either of exports contributed, or of the imports consumed by any section of the whole country, but it is certain that much of both which appear in the official returns as entered at the Custom Houses of Quebec and Montreal, is for account of that part of the Province west of and bordering upon Lake Ontario. In tracing the exports, however, no insuperable difficulty exists, inasmuch as the quantities passing the St. Lawrence Canals are a fair test of all the important quantities leaving this part of the Province. Referring to the trade and navigation returns recently laid before Parliament, we find that the total quantities of wheat and flour ex- ported in 1856 were equivalent to 9,491,531 bushels of wheat, ( 1,186,441 quarters) ; of this there were apparently due to Quebec * Ihe number of miles west of Toronto which gives returns are Great Western and Branches 283 miles— Last weekly returns £12,260 Ontario, Simcoe, and Huron 95 “ <* «» « 1 75 q Erie and Ontario, (estimated) 26 “ “ « «* *250 Buffalo and Goderich 90 “ *« ** 951 Grand Trunk 86 “ “ “ «« 1^750 680 miles — Total weekly returns £16,921 Being equi\^lent to £29 2-lOths per mile per week. East of Toronto only the Grand Trunk has published returns; the latest of these available here are those laid before Parliament, which shew that on 614 miles within the Pro- vince, the average earnings per mile per week, for the half-year ending 31st December, 1856, were £8 11s. lid.; during the same period, the average ^®re £14 8s. 7d. For the week ending April 4th. 1807, the average earnings per mile per week were nearly £16; but the earnings on the vanous sections of the road are not separated. If that part of the line east of Toronto and within the Province participates equally in the general increase, the earnings per mile per week would be £10 Ss. 4d. on the 614 miles above mentioned, and for the week £7,400 18«. B 10 and Montreal, 2,002,122 bushels, (250,265 quarters) but by refer- ence to the quantity of wheat and flour passing downwards through the canals, we find that after deducting from that quantity the wheat from the United States Ports, this part of the Province not only contributed all the wheat exported, but no less than 2,064,606 bushels, (314,117 quarters) for the consumption of the inhabitants east of the Ottawa.* If we extend our investigation on this point to other articles of export, we shall find cognate results in every article exported ex- cept timber, and even in this the enquiry reverses the opinion com- monly held in Britain, that the products of the forest are chiefly due to the country lying east of the Ottawa; and it is susceptible of demonstration, that of the £3,146,446 cy. reported as the value of the exports from Montreal, Quebec, and the lesser sea ports of the Province, fully one-half has been contributed by the western portion of the Province, while of the remaining half no insignificant proportion has been drawn from the American States bordering on Lake Michigan. In like manner it can be shewn that a very large proportion of the imports via the St. Lawrence which appear m the returns from Montreal and Quebec, are consumed west of Kingston, inasmuch as the returns of freight upward on the canals below this city indicate that more than half the tonnage reported inwards at the lower ports is re-shipped for the western districts of Canada. It follows, therefore, that of the total imports, amounting in value in 1856, to £10,896,096, fully £7,000,000 currency have been for the service of the inhabitants west and north of Lake Ontario. This conclusion is sustained by the ability of the people to purchase * There passed down the St. Lawrence Canal in 1856— ai ft^7 tons of wheat, being equal to.... ....1,681,915 bushels. 69 672 tons, or 695,720 barrels of flour, equal to...3, 478,600 bushels. ’ Making a total of. -y-; From United States Ports there were imported at Montreal and Quebec 646,652 bu. whea . And 89,627 barrels of flour, equal to 448,136 bu. wheat. at lowe/ports’Vrom west of Prescott 4,066,728 Received at lower po ^ Montreal l.ttl 273,889, .,«!» .,2,004,122 UK .«• »1 tk. .«*1. 2,004,600 11 the imported luxuries of life, and the Statistics of the annual creation of wealth in the various sections of the Province, considered with reference to the same dividing lines as were assumed in relation to population, indicate results even more conclusive as to the west- ward tendency of wealth than were shewn when considering the direction of the increase of population. With reference to the economic bearing of the question, our arguments should have a wider application than to the mere con- struction of public buildings — they should apply to the effect which the determination of the question will have on the economy and convenience of that portion of the whole people governed, who have occasion to resort to the Seat of Government for the trans- action of business. And this again has an intimate connection with the facilities afforded by the travelled routes over which the metropolis may be reached. A glance at the map attached to this communication will shew, that while all the cities claiming the honour of being selected (except Ottawa), may be approached by navigable waters and by railway, Toronto is the only point upon which several railways converge, it being already the centre of no less than four important lines ; and at a period not far distant, other important railways already projected, and having Toronto for their terminus, will be brought into existence ; nor should it be lost sight of, that one of those railways — a work especially promoted by this city, and the first opened for traffic — connects by the shortest possible link the waters of Lakes Huron and Superior with those of Ontario, and thus affords the most direct access to those regions in the great North-west previously alluded to, and which are now exciting so much attention, not only here but in the Imperial Parliament. I have already drawn your attention to the comparative activity of railway traffic east and west of this city, to the greater and more rapidly increasing amount of business transactions, and to the relative number of the whole population interested in obtaining cheap and convenient access to the metropolis. By reference to that part of my communication, it will be made 12 evident, that if the selection falls either upon Kingston, Montreal, Ottawa, or Quebec, the greatest proportion of the people will be placed at the greatest distance ; while if it falls on Toronto, the Counties most densely peopled, and where the greatest business activity exists, will be brought within a minimum distance. This fact becomes all-important, when we reflect that great numbers of the people have occasion to resort to the Seat of Government on business connected with the Crown Land Depart- ment, and that of the whole business transacted in that office, ninety and a half per cent, of the lands sold, and ninety-six and eight-tenths per cent, of the value, was, during the last three years, due to that portion of the Province west and north of Toronto. That such is practically the fact, could not be doubted for one moment by any attentive observer of the people who have resorted here from a distance since the Government has been established in this city.* If the same proportion obtain in reference to other classes— and all circumstances justify such a conclusion — it follows that, with the Seat of Government at Toronto, the economy of the majority of those governed will he best consulted ; so again, in relation to the minor consideration of public buildings, none are in existence elsewhere — ^having either been destroyed by the populace, as in Montreal, or by fires originating in unaccountable causes, as in Quebec; but in Toronto, not only does the Government hold abundance of land for the purpose, but buildings amply sufficient * Number of acres sold in 1854-’5-’6 — In Upper Canada 2,040,621-90-6 per cent. In Lower Canada 225,621 — 9-5 per cent. 2,266,242— 100 per cent. £547,133 cy. — 96-B per cent. £ 21,423 cy. — 3-7 per cent £563,656 cy. — 100 per cent £966,443 cy. — 3-2 per cent £ 32,007 cy. — 96-8 per cent Total £988,450 cy. — 100 per cent [See Report of Commissioner of Crown Lands, Appendix, page 10.] Total Collected in Upper Canada. Collected in Lower Canada. Total Balance in Upper Canada.. Balance in Lower Canada .. IS for its wants are already erected and occupied, representing an immediate saving of at least half a million of money — an item of no small consequence to a Colony whose debt, in proportion to its revenue, already exceeds that of the mother country. It is not necessary for me to occupy time in discussing the capability of Toronto and the surrounding country for oflfering resistance to an enemy in time of war, inasmuch as Her Majesty’s Government is undoubtedly in possession of the best military opinions on that part of the question ; but to such circumstances in this connection as are most obvious to a civilian, I may be permitted briefly to direct your attention. That Quebec may be considered impregnable is now a generally received opinion ; and such being the case, that city would have no competitor, were the question to be determined solely with reference to military defence ; but the chances of war are, it is believed, and hoped to be, so remote, that it would be unreasonable to allow such a contingency to override the convenience of the whole country, especially now when, if a war should unfortunately occur, the railways afford every facility for the rapid transportation of the archives of the Province to the chief military stronghold, if such a course should be deemed necessary. In comparison with any of the other cities which His Excellency has called upon to state their claims to becoming the permanent Seat of Government, it is confidently asserted that Toronto is best capable of defence. Montreal is within an easy day’s march of the frontier, and no defensible position intervenes until the River St. Lawrence is reached, — and in winter this may be crossed on the ice by the heaviest artillery, or in open boats in summer. Kingston is immediately on the frontier ; and, as at Montreal, the St. Lawrence may be crossed in open boats in summer, or on the ice in winter. Ottawa is within forty miles of the frontier, and no defensible position intervenes. This city, on the contrary, is one hundred miles by land from the national boundary, where either the steep banks of the river or the rapid current renders a passage at all times extremely difiScult ; but even if passed, the strong position of Stony Creek— ^ the scene of the ignominious defeat of the United States forces in the last war — has to be passed ; and subsequently, the position at Burlington Heights, which may be counted as impregnable, if defended by a similar force to that which occupied it during the War of 1812. With the command of the lakes, an enemy might assail Toronto by water; but the same applies to all other places along an extended frontier. This, however, is of small moment, when we take into account the fact that our Provincial canals give access to all the lakes for a numerous fleet of gun-boats, which could be despatched from Britain on the first appearance of hostilities, and which could effectually prevent the creation of a hostile fleet in those waters, and at once assume that position of superiority on these great inland seas which Her Majesty’s fleets have never failed to sustain on the ocean ; and, inasmuch as Toronto possesses a harbour open at all seasons, this arm of defence would be at all times available. Apart, however, from all these considerations, Toronto might, if occasion required it, be rendered as safe as Quebec itself. The late war has demonstrated that stone walls are not essential for defensive works ; and with the gallantry and loyalty which now animates Her Majesty’s subjects in this part of her dominions, defences would rise as rapidly as the earthworks did at Sebastopol, wherever a"necessity for them might exist, and would be defended with equal pertinacity. But I believe the time has passed when the defence of the capital should be held to be of prime importance ; such reasoning is only applicable to despotic countries, where serfs are to be awed into submission : here, where every arm would freely rise in defence of the Crown and its rights, such arguments may be safely dismissed. A desire to confine this communication within reasonable limits has induced me to omit reference to many points which will, doubtless, have weight with Her Majesty’s advisers, and will exert a favourable influence towards this city ; but they will be referred 15 to by the gentlemen who have undertaken to use our arguments with you in person, namely, the Hon. J. H. Cameron, the Hon. H. J. Boulton, and G. W. Allan, Esq. I have the honour to be. Sir, Your obedient servant, (Signed,) J. HUTCHISON, Mayor, OxENDON, Northampton, 18th Oct., 1857. Sir, — I herewith enclose to you a ‘‘memorandum” on the important question on which I had the honour to converse with you, for a very few minutes, on the 30th ult. As the facts and figures it contains must be left to speak for themselves, I have nothing whatever to add respecting them, or the result to which they apparently arrive. But, as many of the opinions which have been submitted to you, as to the selection, by Her Majesty, of the capital of Canada, must inevitably, more or less, have proceeded from self-interested candidates, I deem it due to myself to inform you that I have not, and never have, possessed an acre of land, a shilling’s worth of property, or the smallest share of the canals or railways of Canada, and that, excepting Chief Justice Sir John Kobinson, who has not written one word to me on the subject, I have not a correspondent in the country. My opinions, as contained in my “memorandum,” rest, there- fore, merely on the knowledge of Canada and its people, which I had an opportunity of acquiring during the years 1836, ’7, and '8, when most unfortunately for my own interests, I was required to administer the Government of the Upper Province. As an Officer of Engineers, I had occasion then to reflect on the defences of the country, and during the last fortnight I have been studying the “Census of the Canadas for 1851 — 1852,” “The Report of the Commissioner of Crown Lands of Canada for the year 1856,” and some other printed documents. You arc aware that I have received no assistance from your office ; and, excepting brief answers to a very few queries which I sent by post to the Hon. Mr. Boulton and Mr. Merritt, M.P.P., who yesterday read my memorandum, and pointed out three very trifling mistakes, which I have corrected in red ink, I have had no private communication with any one. I have the honour to be. Sir, Your faithful and obedient Servant, F. B. HEAD. The Right Hon. H. Labouchere, Her Majesty’s Secretary of State for the Colonies, &c., &c., &c. MEMORANDUM, Endeavouring to demonstrate the locality in Canada which, for the general benefit of the Province, and of the Empire, should be ' selected as the Capital. BRITISH AMERICA. The British possessions in North America, according to Alison, amount to 4,109,630 geographical miles, of which 1,340,000 square miles are water. The terrestrial globe embraces about 37,000,000 square miles — so that British America (which exceeds the area and territories of the United States by 939,000 square miles) contains nearly a ninth part of the w’hole terrestrial surface of the globe. As, however, the atmosphere in which we live, and which is computed to be about equal in weight to a globe of lead of sixty miles in diameter, at two miles height is scarcely dense enough to bear up the clouds, at a height of six miles becomes too thin for respiration, and at a height of fifty miles is of such rarity that it produces little or no refraction of the rays of light ; so does the surface of the earth diminish in value as it approaches the sterile uninhabitable regions of eternal snow. V CANADA. Keeping the above fact in mind, it may be stated that, in geography the Province of Canada (exclusive of the Red River Settlement and Hudson’s Bay Territory) forms very nearly a right-angled triangle, (see annexed sketch) of which the base, fronting the north, and lying in the latitude of Dover, is equal in distance to a line drawn from the northern extremity of Scotland, across the German Ocean, across Norway, across the broadest part of Sweden, across the Baltic, and up the whole of the Gulf of Fin- land, to St. Petersburg. From this northern base to the opposite angle, or southern extremity of Canada, the distance is equal to a line drawn from Antwerp to the Pyrenees, or from the latitude of Dover to that of Rome. Of the great Canadian triangle above described, more than four-fifths, forming the northern portion of its area, from the severity of its climate, and from other circumstances, ever has been, still is, and for a considerable time must remain totally uninhabited. And yet of the remaining portion, which, practically speaking, forms the present Province of Canada, and which in reality is all that is represented by 130 members of the Provincial Parliament, the dimensions are very great. For instance, from the entrance of the River St. Lawrence to the western extremity of Canada the distance is equal to a line drawn from Falmouth to Gibraltar. In each of the following brief descriptions, it will be deemed necessary, in order to determine the best locality for the capital of Canada, to draw a comparison, not between all the rival candidate cities, but between the Upper and the Lower Province; for if, when fairly weighed, the preponderant importance of either shall be clearly and indisputably established, the diflSculties of selection will, of course, be greatly reduced. CLIMATE. In Lower Canada, the entrance of the River St. Lawrence is in the latitude of Guernsey, c 18 In Upper Canada, the whole region may be eaid to he between the latitudes of Bourdeaux and Valencia in Portugal, Toronm being situated about 480 miles to the south of Sidmouth in Devonshire. But in consequence of the vast territory on the north remaining uncleared, the whole of Canada is at present, in winter, about nine degrees colder than countries in the same latitude in Europe; and accordingly it appears from the printed emigration reports, that while the climate of Upper Canada has proved attractive to British emigrants, the intense cold of the Lower Province in winter has had an opposite effect. In the last census of the Canadas, for 1851 and 1852, presented to both Houses of the Provincial Parliament, by order of the Governor General, the difference of salubrity between the climate of Upper and Lower Canada is thus described (vol. 2, page 28): “ The longevity of Canada West (Upper), when compared with that of other countries, speaks volumes of its general healthfulness ; and it is most interesting to compare the ratios of death to the number of living in Canada and the United States ; the number of the latter exceeding that of Upper Canada in proportion to the population, by about 36 per cent., and of Lower Canada by 25 per cent/’ The difference of salubrity between the Upper and Lower Provinces being in favour of Upper Canada 11 per cent. SURFACE OF CANADA. The surface of Canada is composed of vast regions of land and of fresh water. Land . — The statistics published, by and in the possession of the Provincial Government, indisputably shew, that of these regions of land by far the largest and richest portions are in the Upper Province; and that even on the west of Toronto there lies, cultivated and uncultivated, more rich land than exists in the whole of Lower Canada. The comparative demand for, and marketable value of lands, in the Upper and Lower Provinces, are demonstrated in the Report of the Commissioner of Crown Lands for the year 1856, printed by u 19 order of the Provincial Parliament, by which it appears, that in the year 1856, there were sold Crown lands : — In Lower Canada, at 28. 3d. per acre, to the amount of £5,145 13s. 3d. In Upper Canada, at about 4s. per acre, to the amount of £52,319 9s. 4d., being nearly double the price, and more than ten times the amount of the land sold in the Lower Province. Water, — The aqueous surface of Canada is composed of — Ist. Four Lakes, or Seas, belonging conjointly to Upper Canada only and to the United States, of the following dimensions : Lake Superior — 20 times as long and 4| times as broad Lake Huron — 10 times as long and 8 1-5 times as broad Lake Erie — 13 1-5 times as long and 3 times as broad Lake Ontario — 8 1-5 times as long and 1 J times as broad With the above is connected — Lake Michigan (belonging to the United States) — times as long and 4^ times as broad as from Dover to Calais. These inland seas (of which the four that geographically divide Upper Canada from, or, commercially speaking, connect it with the United States, cover a surface of 150,000 square miles, forming the noblest inland channel of fresh water on the globe, communicate, as is well known, with the seaports of Montreal and Quebec by 2nd, The St, Lawrence River, which, in its course of 173 miles from Lake Ontario to Montreal, runs for 105 miles between Upper Canada and the United States, and for the remaining 68 miles between the former and the Lower Province. It therefore appears that of the aqueous surface of Canada, as above described, the navigation of 150,000 square miles of inland lakes, and of 105 miles of the St. Lawrence, belong to Upper Canada, and the remaining 68 miles of that river conjointly to both Upper and Lower Canada. It being true, it is moreover necessary to state that while the waters of the four inland seas of Upper Canada are unfrozen throughqut the whole year, the surface of the St. Lawrence (which as from Dover to Calais. connects them with Montreal) for five months is converted into icc capable of bearing the heaviest artillery, and this interruption of the navigation extends to so great a distance that, incredible as it will sound to those who have not reflected on the subject, the two sea ports of Lower Canada, for five months in the year, by solid ice, are removed from the liquid water, not of the sea, but of a portion of the St. Lawrence more than 200 miles from the sea, by the following distances : — Montreal remains distant from liquid water, more than 12 times Quebec remains distant from liquid water more than 4 times the breadth of I the British Chan- nel between Do- ver and Calais. 3. The Ottawa River, which, on the north of Upper Canada, and on the south of the Lower Province runs through a region of land, by far the greater portion of which is uncultivated; the navigation in winter is closed by ice ; and in summer, on account of rapids, &c., it is restricted between Montreal and Ottawa City (formerly called Bytown) to boats suited to the dimensions of the Granville Canal — 22 feet wide. ^ CANALS. In Canada there are two Canals of great importanee 1st. The Bideau, between Kingston and Ottawa, construeted by Great Bri- tain, at a cost of upwards of a million. 2nd. The Welland, con- necting Lakes Erie and Ontario. Both these canals run through the territory of Upper Canada only. On the St. Lawi-ence and Ottawa Rivers, there exists Lockage common to both Provinces. RAILWAYS. There are completed in Canada, about 1,610 miles of Railway, running as follows : — MILES. Through Lower Canada 403 Through Upper Canada 1,107 GRAND trunk railway o- CANADA. w„h its BRANCHES a CONNECTIONS 21 But, as is well known, the value of a Railway depends, not on its length, but — 1st. On the amount of the population and goods traf- fic of the towns it passes ; and — 2dly. On the amount of goods and passenger traffic that, in arterial and smaller streams flow along lines of Railway, concentrating upon it from other countries. Now a moment’s glance at Dinsmore’s (the Bradshaw of America) Complete Map of the Railroads and Canals in the United States and in Canada, carefully compiled from authentic sources,” (hereto annexed) it will appear that of the Railways in the United States, which in length exceed the circumference of the globe, more than one half converge upon Canada, via Chicago, Toledo, Sandusky, Cleveland, Buffalo, Oswego, Ogdensburg and Richmond, in the following proportions : — % Converge on Lower Canada, Upper Canada, POPULATION. According to the last Census of Canada taken in 1851-2, the population of Lower Canada was then 890,261 ; Upper Canada, 952,004 : but before coming to any conclusion as to these apparently equal results, it is necessary to investigate whether the velocity at which each Province has reached the same point, has been, and is, the same ; for if not, it is undeniable that the figures representing only the point at which they have met, are no index whatever as to future results. In the Old World the difference in population between two rival manufacturing towns in adjoining counties, may be considered as a fair criterion of the relative industry and commercial importance of each ; but in the infant world of America, where of every new location it may most truly be said ‘‘Vires aequirit eundo,” the differ- ence in population and even in wealth between two neighbouring locations, is generally a mere criterion of the difference of their respective ages. And thus, if two adjoining countries happen, at the present moment, to contain the same population, it would in America be as erroneous to infer that from that circumstance they would continue to be of equal importance, as, in England, it would be for a man living at 22 Weedon, half way between Birmingham and London, to infer, that because a luggage train which had started from the fomer city at 3 a. m., and an express train which had started from it at 3 p. m., passed his windows at the same time, they would therefore arrive at Euston Station at the same hour. However, as regards the amount of population in the two Pro- vinces, the figures and facts are as follows : In 1763 Canada was added by conquest to the British Crown. In 1774, on the passing of the Quebec Act, at which time the upper portion of Canada was one vast wilderness, there existed in Lower Canada, French inhabitants 80,000; 360 English families, (say 5 in each) 1,800 ; total, 81,800. In 1791, when Canada was divided into two Provinces, the popu- lation of Upper Canada was 10,000 ; the population of Lower Canada, 120,000; being exactly twelve times as great as that of the Upper Province. In 1825, the population of Lower Canada, (423,639) had become not quite treble that of Upper Canada (157,425.) In 1850, the population of Lower Canada (890,261) was found to have become (61,743) less than that of Upper Canada, (952,004.) From the census of 1852 it also appeared, that while the popu- lation of Lower Canada had, between 1825 and 1850, increased at the rate per cent, per annum of 2 8-lOths., that of the Upper Province had proceeded at the increased average speed of 7 per cent, per annum, and if these different rates of travelling continue, in the course only of nineteen years, the population of Upper Can- ada will be 3,443,000; Lower Canada will be 1,750,000; and thus in 79 years the population of the upper Province, from being 12 times as little, will have become more than twice as great as that of the lower; indeed the following extract from the census of Canada, (see Vol. 2. page 12,) shews that it has been progressing faster than that of the adjoining Republican States. “ It appears from Smith’s Work on Canada, that the Huron dis- trict (in Upper Canada) has made more rapid progress since its first settlement in 1827, than the States of Ohio, Michigan and Illinois 23 did in double that time, or than Lower Canada did in 104 years ; the latter is doubtless owing to the almost entire absorption by Western Canada of the vast immigration from Europe.*' In addi- tion to the above there is another important fact to be considered. To the inhabitants of every young settlement in America, an ancient observation may, with a slight alteration, be truly addressed — “ Tempora si fuerint nubila, solus eris, Cum Fortuna ridet, multos numerabis amlcos.’* So long as the new location remains clouded by the innumerable hardships that attend the clearance of the wilderness, few people feel disposed to approach it. But no sooner does it become pros- perous than emigrants flock to it from all directions, and it is for this reason, that although British America is more healthy and con- tains richer land than the United States, yet the hardships of the younger country, as compared with the luxury and allurements of older settlements, have produced the following results. * * (See Census of Canada, Vol. II. page 7.) Of the British emigrants who from 1843 to 1852 crossed the At- lantic in search of a new home, there settled in the United States 1,730,448 ; in all the British Colonies, 412,238. Taking all the foregoing facts and figures into consideration, it is evident that as soon as the superior soil and climate of Upper Can- ada, shall, with the assistance of the Railways, make it as attractive to British emigrants as the United States, its population must in- evitably exceed that of the lower Province, by a far greater propor- tion than that which the census of 1851-52 has already described. RELIGION. . In the last ‘‘ Census of Canada,** it is stated (vol. II, page 46), that of the population of Lower Canada (890,261) there are belonging to the Church of Rome 746,866. That of the population of Upper Canada (952,004), the number of Catholics is 167,695. The proportion therefore of Catholics in Lower and in Upper Canada, is as 5 to 1. Now as no man should presume directly or indirectly to assail the religion of his neighbour, and as on so sacred a subject words 24 but too often prove to be sharper even than AvcUpOns, It must very briefly be observed, that just as, without offending any one, it may be stated that the community of England is divided into men of business and men of pleasure ; and that in London more business is transacted on the East than on the West side of Temple Bar, so in like manner may it be affirmed, that in Christendom do the Catholic portion of the community usually dedicate more time to their religion, and consequently less time to their temporal inter- ests, than the followers of the Church of England or of any other Christian Sect. The inevitable consequence has been, and is, that in Ireland, Spain, certain Cantons in Switzerland, South America, Lower Canada, and in short, wherever the Catholic religion has been, and is fearlessly, faithfully, and zealously maintained, agriculture in particular, and trade in general are found to be less vigorously pur- sued than in the United States, England, and other countries where commerce and money making of all descriptions engross, it cannot be denied, more time and attention than intrinsically belong to them. RACE. The boundless dimensions of the British Empire, on which it has truly been said that the sun never sets, demonstrate the indomitable energy of the Anglo-Saxon race. And yet, it is beyond the limits of the British Empire, that the same race have displayed, beyond all other inhabitants of the globe, an insatiable appetite for turning anything and everything within their reach into money, or as they term it into ‘^Almighty Dollars.” But while in the United States, and to a less degree in Upper Canada, this state of extraordinary commercial excitement exists, the French race, in Lower Canada, are, morally speaking, distin- guished by a calm contentment, which appears to forbid them to increase their 'svants, and which induces them in the tillage of their lands, and in their other daily avocations, to maintain the simple, primitive habits of their fathers. In the general accumulation of >vealth, this difference of race has of course produced its inevitable results; indeed, as a single instance of the feeble attachment of the French “ habitans to the bustle and business even of their own capitals, it may be stated, that of the mercantile houses at Montreal and Quebec, at least 19-20ths of the importers and exporters arc British. COMMERCE. In the first report of the census of Canada for 1851 and 1852, the wheat crop of Canada is stated to be nearly ^th of that of the whole of the United States and Territories. Now from the Trade and Navigation returns recently laid before the Provincial Parliament, it appears that in 1856 Upper Canada not only sent down the St. Lawrence, and through the United States, an amount of wheat equal to the whole amount of 1,186,441 quarters exported from Canada, but supplied the Lower Province with 314,117. But by the railways which have lately been constructed, and which are now in progress, Upper Canada already is, and to a great extent will be connected, via her western ports of Collingwood, Goderich, Sarnia, and Windsor, with not only the greatest food- producing region in America, but (as will appear from the follow- ing abstract, published on the 3rd of January last at Chicago) in Europe : — EXPORTS OP TUE PRINCIPAL GRAIN PORTS OF THE WORLD COM- PARED WITH CHICAGO. 1 NAME. WHEAT, BUSHELS. OATS, RTE, AND BARLEY. INDIAN CORN. TOTAL BUSHELS. Odessa Galatz and Ibrella.. Dantzic St. Petersburg | 5.600.000 2.400.000 i 3.080.000 ! 1.440.000 320,000 1.328.000 5,600,000 7.040.000 8.320.000 4.408.000 7.200.000 9,528,000 4,000,000 12,902,310 16,633,813 Archangel i Riga Chicago (1854) Chicago (1855) 2,644,860 7,115,250 ! 3,419,551 ! 2,000,938 6,837,899 7,517,625 Now, making the fullest allowance for the exaggeration which m<»y exist in the above statement, it is evident, on looking at the map of North America, that the Western District of Canada has justly been described as a wedge” thrust into the heart of a for- eign country of vast extent and unequalled capabilities. The growth of the Western States of the Republic, coupled with their dependence upon the Eastern markets for the consumption of their surplus productions, invests all means of communication with an interest proportional to the facilities they aflfoi^ for rapid and cheap transit. No wonder, then, that the West (Lnited States), seeking the Eastern seaboard, should anxiously endeavour to secure a short route across the territory of Canada. (It may here be observed, that almost the whole of this immense trade, which would naturally proceed vid the St. Lawrence an Canadian railways to Quebec, is now, greatly to the injury ol Canada, attracted through the State of New York, principa ly by the favour and support given by the British Government to the Cunard steamers.) The late Comptroller of the State of New York, the Hon. A. C. Flagg, in his essay on internal communication, says, “ The battle for the trade of the West must be fought on the lakes or those nntaxed waters with which no other communication can compete. It is evident, from the above, that the foreign trade of Canada with the six flourishing Republican States by which they are bounded, must become of vast importance. On ^ to the map, it will appear that, of this joint frontier of 800 or 900 miles in extent, more than four-fifths is in Upper Canada, and consequently less than one-fifth in the Lower Province. And as the four lakes which have been enumerated (on one only —Lake Erie— according to a return from the Board of Under- writers at Buffalo, there arc plying 128,245 tons of steamers too lar OFFICERS OF THE BOARD. ILotal ^upedntrntifnt ^ ^etretars: G. A. Barber, Esq. .«•••••• 1850, 61, 64, 66, 66, 6*1, -iyr. 1868. flocal ^ttyeitntenbntt sub ITfsttorial CTeac^er: James B. Boyle, Esq 1862, 68. Sfcrttara : Or, A. Barber, Esq. 1862, 63, i yr. 1858. Hocal Stiperfnttnbfnt : Eey. James Porter J yr. 1868. WARD OF ST. DAVID. Joseph Workman, Esq., MD., 1860, 61, 62, 68, 64> A. A. Riddell, Esq. 1860, 61, 64, 66. William Shepperd, Esq. • , . . 1 862, 63, 66, 6*1. John Platt, Esq 1854, 66. James Morrow, Esq 1866* F. W. Cumberland, Esq 1867, 68. Emn. Ooataworth, Esq. • • • • • 1868. WARD OF ST. JAMES. J. D. Ridout, Esq D. Paterson, Esq James Lesslie, Esq. • . Samuel McClain, Esq. Thomas Henning, Esq. R H. Brett. Esq. ... . J. C. Geikie, Esq 1850. 1860, 61, 62, 63, 64, 66. 1861, 62. 1868, 64. 1865, 66, 5*1, 68. 1856, 67. 1858. WARD OF ST. JOHN. WilUam Hall, Esq 1868, 1864. John Greenlees, Esq. 1858, 64, 66, 66, 67, 68. Arbuckle Jardine, Esq 1865, 66, 67, 68. CONTENTS. ^AGB Preface Names of the Trustees, from 1860 — 1868 ▼ Officers of the Board The Past History and Present Condition of the Schools 9 Circular Notice Elective Principle established, 1860 19 Beport on Free Schools 21 Free Schools Established, 1861 26 Public Meeting, 1862 27 Chairman’s Address to the Board of School Trustees, 1862 41 Statement of the Receipts and Expenditure of the Building Fund, 1868 46 Report of the Building Committee, with the Building Fund Ac- counts, for 1866 50 The Internal Economy of the Schools and their Mode of Instruction. . 68 School Discipline 54 1, As regards Teachers 54 2. As regards Pupils 56 Text Books 58 School Attendance 69 Address to Parents and Guardians by the School Trustees 71 The Expense of Maintaining the Schools 72 Report on the Free School System 78 Separate Schools * 5^ Compulsory Attendance 59 Officers of the Board 52 The Superintendent 54 The Secretary 54 Evening Schools 57 School Visitors 59 School Libraries ^50 Library Regulations ^52 Opening the Schools with Prayer 103 Deaf and Dumb Schools 104 Penalty for Disturbing a Public School 106 viii PAGE The Present Condition of the City Schools « • 105 Abstract of School Attendance for 1858 106 School Statistics for 1858, viz. : The Western Auxiliary School • • • . 108 Trinity Street School 108 • The Park School 109 Victoria Street School Ill Louisa Street School 114 John Street School Ill Phoebe Street School 119 George Street School ... 122 Appendix : 1. Comparative Statement of the Schools, from 1844 to 184t . . . 126 2. Abstract of School Attendance, for 1857 127 3. Annual Statement of the Income and Expenditure of the Schools, for 1958 129 CITY OF TORONTO. R E P 0 E T OP THE PAST HISTOKY & PRESENT CONDITION OP THE COMMON, OR PUBLIC SCHOOLS, OF THE CITY OF TOEONTO. Before submitting, for public information, the statistics of the City Public Schools, for the year 1858, it has been thought advisable, as this is the first occasion when a compendious Report has been published, that the past should be referred to, before noticing the present history of our Schools ; and, accordingly, the following brief nar- rative of the rise and progress of the City Schools, from their inception and practical commencement, in 1844, up to the present time, has been prepared. Under the original School Law, viz., that of 1843, the first step taken towards improving the Common Schools of the Province, was to secure, so far as possible, the ser- vices of properly qualified Teachers ; and a Board of Examiners was appointed by Government to examine and grant certificates, and licences to teach, to duly qualified Teachers. This preliminary step having been taken, it then devolved upon the Municipal Council of the City to bring the School System into practical existence, by pro- viding the ways and means for the erection of School B 10 Houses, or the renting of them, so as to receive pupils, and for the payment of Teachers’ salaries, and other ex- penses connected with the system. The scheme, how- ever, did not work well ; for, although the Board of Examiners did their duty, and granted certificates to numerous applicants, the Corporation omitted to provide School Houses and employ Teachers, so that nothing practical was at this time accomplished. In 1844 the School Law was amended, and under its provisions the Corporation was empowered to appoint an officer, designated as Local Superintendent for the City. An advertisement, inviting applications for the office, was published, and the choice of the Council fell upon G. A. Barber, Esq. It was the duty of the Local Superintendent to examine Teachers, and grant certificates ; it was also his duty, in conjunction with the Clerk of the Council, to divide the City into a suitable number of School Sections, on the basis of population ; and the amended law pr^ vided, that the rate-payers of each section should have the privilege of electing from among themselves three persons, as Sch^l Trustees, in whose hands were to be placed .the power of building or renting School Houses, the appointment of Teachers, and generally to manage the School affairs of the Section. To provide, to some extent, the ways and means for putting the new machinery in motion, the amended School Law embodied the salutary provision, that a Government grant should be appropri- ated in aid of the Common Schools of the Province ; but that to enable any County, City, or Town, or indeed any School authorities, to share in this grant, the Municipal Council of said County, City, or Town, was obliged to assess the rate-payers thereof for an amount at least equal to the Government grant— the united amount forming what was termed the “ School fund,” which, under the amended law, was to be exclusively applied to the pay- ment of Teachers’ salaries, so that by this means the Teacher had his rights sufficiently protected. The City having been divided into twelve sections early in 1844^ the rate-payers proceeded to elect their School Trustees but for a considerable part of the year the machinery of this new School System was not brought into working order, chiefly because of the difficulty that the Trustees met with in obtaining convenient School premises, and their hesitation to incur the responsibility of renting and furnishing them when they were obtained, inasmuch as the Corporation was unwilling to assess the City for anything more than the law strictly required. More than half the year had now elapsed, and 1844 seemed likely to follow in the steps of 1843, by doing nothing, when the Local Superintendent, Mr. Barber, desirous to start the Schools in some way or other, and bring the new law into practical operation if possible, suggested, that the one moiety of the School fund, as represented by the half year just elapsed, should be applied to pay for the rent and fur- niture of school premises, so that the teachers, who had been provisionally appointed, might enter upon their duties, and thus enable the trustees to apply the other moiety in payment of salaries for the remaining half year. This suggestion was considered, at the time, to be the only arrangement whereby the difficulty could be met ; for, had it not been so settled, the teachers, w’ho had been so long waiting to enter upon duty, could not have commenced, and would, consequently, have been enti- tled to nothing at all. It is true, according to the letter of the law this application of the fund was not strictly justifiable ; but, as a matter of necessity, and in the spirit of the law, it was fully justified ; and it must always be a subject of regret that, owing to the bad faith of some of those for whose benefit this arrangement was intended, it should have been set aside to subserve the personal interests of a few of the teachers who, though actually employed for only four and a half months, namely, from the middle of August to the end of December, (1844,) demanded, and under the letter of the law, succeeded in obtaining payment, of the whole year’s salary — the courts holding that the school fund proper, could not be applied to any other purpose than the payment of teachers. In addition, however, to the amount of the school fund, the teachers were authorized, by the respective trustees, to collect a rate-bill from the parents of the children attend- ing the school, at the rate of Is, 3d. and Is. lOJd. per child, according to its age and proficiency, together with a small charge for fuel, pens and ink, &c. The population of the City, in 1844, was about 18,500 ; the school attend- ance was 1194; and the cost of maintaining the schools, for the time they were in operation, was £1,377 15s, 2d., which amount includes £237 17s. 6d. paid by rate-bill during the four and a half months the schools were open, but is exclusive of the sum expended in furniture. During 1845, 1846, and 1847, the same school system was in operation, except that, owing to the increase of population, the City was divided into fifteen, instead of twelve school sections; and the City population, the school attendance, and the cost of the schools, for those years, will be found in the “ comparative statement ” in an Appendix to this Report. One of the prominent evils of the system of School Sec- tions and Local Trustees, was the entire absence of all uniformity of action, as regards both the mode of teach- ing and the use of school books, together with the impos. sibility of having separate schools for boys and girls, (for, during the whole period of school sections, pupils of both sexes attended the same school, and were taught in com- mon by the same master,) and the difficulty of classifying the scholars according to proficiency. A parent removing from one part of the City to another, to his annoyance found, upon sending his children to the school of the sec- tion he now lived in, that the teacher practised a different 3 system of instruction, and used text books altogether different from what the child had been accustomed to in the school it had just left ; and besides this, there was a want of purpose and organization, which pervaded the whole system, and interfered with its efficient working and onward progress. It became evident that some change was required, at all events so far as Cities and towns were concerned ; and, towards the close of 1847, the Legislature, by the Act 10 and 1 1 Victoria, amended the law, by establishing the principle of centralization, and establishing in each City and Town one general Board of School Trustees, in whose hands was placed the sole management of its school affairs. This Board was to be nominated by the Municipal Council of each City and Town ; and the Board of this City, first established under the 10 and 1 1 Victoria, by the then Corporation, com- prised the following gentlemen, selected, it was supposed, as representing the principal religious denominations, VIZ. W. H. Boulton, Esq., Mayor,— Chairman,~ex officio. Hon. J. Elmsley, W. Cawthra, Esq., J. McMurrich, Esq., F. W. Barron, Esq., J. G. Bowes, Esq., John Cameron, Esq. The amended bill was brought into effect in this City, on Nov. 20th, 1847, when the new Board met for organiza- tion. During the remainder of the year, the Board was occupied in considering what action should be taken to establish and carry on an efficient and uniform system of public instruction in this City ; and one of their chief anx- ieties was to secure without delay, commodious school sites, whereon could be at once erected substantial build- ^ character which, while sufficient for existing requirements, could be enlarged as occasion presented, to meet any increased demand for school accommodation. 14 and at the same time, of a handsome architectural appearance becoming a City like Toronto. The intention of the framers of the new law, and the desire of the newly appointed authorities under it, was, however, most unfortunately embarrassed, if not actually impeded, at the very outset, by difficulties altogether unexpected, but over which the Board had no control, and which it could not overcome. In the first place, it was found, although not so stated in precise terms, that the amended Act did not empower the Board to collect a Rate bill from parents, and, in consequence, that the schools must necessarily be free, whether the Board of Trustees, or the City Council as representing the rate- payers, approved of it or not ! The Board, finding itself in this dilemma, and having no power of itself to raise money for school purposes, made an earnest appeal to the City Council to assist the Board in this emergency. As Free Schools^ the amount of the Government grant, with the corresponding City assessment, namely, about £1,000, would be barely enough to maintain them in operation for six months ; the Council was appealed to to provide the means for keeping them open the whole year; the application was refused, and the Board had, there- fore, no alternative but to close the schools at the end of the first half of the year, viz. : June 30lh, 1848. Under circumstances so discouraging it can be no wonder that the schools suffered in efficiency, for although the attend- ance was nominally greater during these 6 months, viz : 1,431, yet owing to the irregularity of that attendance^ the result, as an educational question, was anything but satisfactory. The City schools having been thus closed on the 30th June, 1848, remained in the same unfortunate condition to the end of the year, and further continued in the same condition for the first six months of the year following, 1849, the City Council persisting in the refusal 16 to give any aid, or advance any means, to keep the schools open. The Board having no funds at its disposal after meeting the expenses of the schools up to June 30, 1848, and as the Government grant and City assessment could not be made available until about the middle of 1849, the City schools were necessarily closed and the Board brought to a dead lock with the Council. During • this gloomy interval, some of the teachers continued their schools on their own account, and exerted themselves, as they best could, to keep up an interest in school affairs in the public mind, until the schools were re-opened as public schools on the 1st July, 1849, and kept open,/ree to all^ for the rest of the year. The attendance was 1,325, with the same allowance for irregularity as in 1848, and the cost for the six months was about £1,000, derived from nearly equal proportions of Government money and City assessment. The Board, strongly impressed with the necessity of keeping the City Schools open without interruption, de- cided to assume the responsibility of imposing a rate- bill, although the law did not expressly sanction such a proceeding. The Board considered that it was more pa- triotic to educate the children of the City than to regard technical objections, and they accordingly issued the accompanying circular notice for the information of the public : CIRCULAR NOTICE. COMMON SCHOOLS — CITY OF TORONTO. Under the system of free admission^ as practised during the past two years, viz., 1848 and 1849, the Board of Trustees were compelled to close the City Schools for six months in each year, inasmuch as the Common Council declined to make the appropriation required for keeping them open, as free schools, for the twelvemcmth. The Board of Trustees, from their experience of the / past two years, are strongly impressed with the necessity that exists for keeping the City Schools open throughout the whole year : and, as a return to the former system of school dues'’ is the only mode left whereby so desirable an end can be accomplished, the Board hereby notify parents and guardians, that the principle of payment of school dues, by pupils attending the several city schools, is now in force, taking effect from January 7, 1850, at the following rates, viz. : For pupils under Nine years of age. St dt 3 9 in Summer. 5 0 in Winter. 5 0 in Summer. 6 3 in Winter, For pupils over Nine years of age . . | per quarter, which for 1850, will be as follows, viz. : 1st quarter, from January 7th to March 28th, inclusive. 2nd “ April 3rd to June 28th, 3rd July 15th to October 4lh, 4th ‘‘ October 7th to December 20th, The 2nd and 3rd quarters to be counted as being ‘‘in summer,*’ and the 1st and 4th as ‘‘ in winter” — and no allowance for absence will be sanctioned unless in case of sickness. The foregoing rates to be paid to the teacher in ad- vance, or, at latest, during the quarter; but if not so paid, the amounts due at the end of each quarter will be levied by the Board, according to law. The children attending the City Schools are required to come clean and neat in person, and decently clad. The better to ensure punctual attendance, and to pro- tect the regular proceedings of the school classes against the interruptions caused by late comers, the school house doors will be opened at half-past eight o’clock every week-clay morning, (except Saturday, which will be a whole holiday,) and continue open until nine o’clock ex- actly, when they will be closed until half-past ten o’clock ; «Mnnnr 17 and no children will be admitted during that interval. At half-past ten the doors will be opened for a few minutes, to admit children who may bring satisfactory reasons for not being present at nine o’clock, or a1 any former part of the week. The doors will then again be closed until twelve o’clock, noon ; and no children will be admitted during that interval. At a quarter to one o’clock, the school house doors will be again opened, and at one o’clock exactly, closed until four o’clock, and no children will be admitted during that interval. At four o’clock the children will be dismissed for the day, and directed to go home without delay ; and it would be well if parents and guardians were to oblige their child- ren to report their return home ; and also, were they to examine them, occasionally, as to the progress they are making in their lessons, &c. It is expected that all cases of absence, or irregular attendance, will be satisfactorily accounted for, by the parent sending some sufficient excuse in writing, which will be duly recorded by the teacher, for the inspection of the school authorities. Ko pupil will be received into one school from another, without first producing an acquittance of all ‘‘ dues” to the school he may have left; and secondly, a statement in writing, from the teacher, as to the cause of his or her so leaving said school : in order to enable the Board to check, as far as possible, the hurtful practice of capriciously removing children from one school to another, and, further, to render previous improper con- duct in one school a ground of non-admission into another. Lastly, — It is sincerely hoped that parents and guardians will see that it is for their own interest to co-operate with the Board of Trustees in strictly observing the fore- going regulations : and they are earnestly entreated to enjoin upon their children, the duty of being regular and fill constant in their attendance at school — diligent in prose- cuting their studies while at school — and orderly and well-behaved while going to and returning from school. By Order of the Board of Trustees^ G, A. BARBER, City Superintend/ent of Common Schoolt, Offibe Common Schools, Toronto, Feb. 16th, 1860. No one demurring to the course taken by the Board, the schools were thus kept open throughout the whole of 1850— but owing to the change which had been made from the free to the paying system, and the doubts which prevailed as to whether or not the schools would be conti- nued regularly open all the time, the attendance for 1860 fell as low as 1259, although it was more regular than in 1848 and 1849. The cost of maintaining the schools for the whole year was, in round numbers £2,000, viz. : — Government Grant £468, City Assessment £800, and the balance by Rate Bill. It will have been observed, from this explanation, that the principle of centralization, in this form, however sound, as likely to effect a unity and force of action in the internal economy of public schools, was too feeble to carry out any enlai^ed system of general management. A Board so constituted, and which was liable to have all its proceedings controlled by the City Council, was not cal- culated to meet what was required. The Board had the power to legislate for the advancement of Public Educa- tion, but the City Council held the purse-strings, and had the right, at any time, to nullify the legislation of the Board. Whenever the Board prepared and sent in to the Council an estimate for School purposes, the Council had the power to refuse to provide the amount ; and as the Board was appointed by the Council, it had no re- dress, and was fain to submit to necessity ! It became evident, therefore, that if vigour was to be 19 infused into the School System of Cities and Towns, a further change was necessary. To accomplish this, the theory of centralization was associated with the elective principle: and the School Act of 1850 (13th and 14th Victoria) was enacted. Under its provisions, each Ward in the City had conferred upon it the right to elect two Trustees (one of whom was to retire each year, and his successor be elected in like manner), and the Trustees selected were to form a Board, aud to choose a Chair- man from among themselves. The first election for Trustees was held on the 3rd September, 1850, when the following gentlemen were returned for each of the City Wards, namely — St. George — J. L. Robinson, E. F. Whittemore, Esqrs. ; St. Lawrence — J. G. Beard, W. Gooderham, Esqrs. ; St. Andrew — G. P. Ridout, A. Macdonald. Esqrs. ; St. Patrick — J. H. Hagarty, James Price, Esqrs. ; St. David — Jos. Workman, M.D., A. A. Riddell, Esq. ; St. James — J. D. Ridout, D. Paterson, Esqrs. ; and, at the first meeting of the Board, Dr. Workman was chosen as Chairman, (23rd Oct. 1850 ;) but the newly elected Board did not exercise any direct control over the schools during that year, although it occupied the inter- val in deliberating with regard to its future course of action for 1851. The advantages enjoyed by the elective Board over its predecessor appointed by the Corporation, were manifold and important — the elective Board became a body corpo- rate, with full powers to purchase land for school sites, to build school-houses, to provide school furniture and appa- ratus, to appoint and fix the salaries of Teachers, and generally to manage and control all matters relating to the City Schools — and that these powers should not be a mere shadow without the substance, the Legislature invested the elective Board with authority to make out an estimate of whatever amount they shggld judge expedient for maintaining the schools under their charge — and the Le- gislature made it the duty of the City Council to provide said amount accordingly. By this means antagonism, as regards school funds between the Board and the Council, has been prevented. The Council have no discretion to even modify, far less reject, the Estimates so sent in for school purposes — and the Board of Trustees in fact are clothed with large executive as well as legislative powers. The elective Board commenced its actual duties in January, 1851, and among its earliest proceedings, under its enlarged authority, were the adoption of resolutions affirming the necessity of obtaining sites and erecting suitable buildings for school purposes — the propriety of having separate female schools, or female departments in the schools — and the principle of free education as the basis of the Common School System of this City. According to Law one half, namely six, of the Trus- tees for 1850 retired by rotation. An election for Trus- tees to fill their places was held in January, 1851, when four out of the six were re-elected, viz., Messrs. Dr. Work- man, W. Gooderham, J. L. Robinson, and Wm. Hall, while Mr. James Lesslie was elected for St. James’s Ward in the place of Mr. J. D. Ridout, and Mr. Richard Brewer for St. Andrew’s Ward in the place of Mr. A. Macdonald, the retiring Trustees not coming forward for re-election. The members of the Board for 1851 were Joseph Workman, Esq, M.D., Chairman. E. F. Whitiemore, Esq. J. G. Beard, Esq. G. P. Ridout, Esq. James Price, Esq. A. A. Riddel, Esq. W. Gooderham, Esq. J. L. Robinson, Esq. Wm. Hall, Esq. James Lesslie, Esq. R. Brewer, Esq. D. Paterson, Esquire. Among the very first proceedings of the Board, thus organized for practical business, was the consideration of free admission as the basis of the Common Schools of this city. The proposed change from the Rate-bill system, and the establishment of Schools open to all, free of charge, so far only as assessment based upon rateable property was concerned, naturally led to considerable debate in the Board. After much discussion the question was referred to a Committee to report upon, said Committee consisting of James Lesslie (Chairman), Dr. Workman, D. Paterson, James Price, and A. A. Riddel, Esquires. The Committee brought up their Report, February 26th ; the same was de- bated at two consecutive meetings of the Board, and finally adopted, March 5th, by a vote of seven to four. As this Report enters fully into the merits of the question, and sets forth the grounds upon which the Free School prin- ciple rests, and according to which the establishment and maintenance of Free Schools in this city was then sanctioned and has ever since been continued, its publica- tion in these pages will be acceptable, viz. : — REPORT ON FREE SCHOOLS. “ The Committee to whom was committed the consideration of the im- portant question relative to Free Schools, beg to present their Report. “ The education of the young being intimately and inseparably connected with the welfare of the State, the question becomes one of intense interest to every wise and benevolent mind — * How shall the blessings of a good , education be most widely and universally diffused throughout society ?' “ By reference to the statistics of the School population of this City, and comparing it with the number on the Rolls of the Public Schools, including alsh those in attendance at Private Institutions, there is exhibited the re- markable and lamentable fact, that not one half of the population from 6 to 16 years of age are enjoying the benefits of elementary education. The number of children of that age, as found in the Report of the Chief Super- intendent of Education for 1849, is 6,149 ; the number in attendance at all the 29 Public and Private Schools is 2,746, leaving no less than 8,403 of the youth of this City who are growing up without the advantages of early and useful instruction. “There appear, therefore, to be some obstacles in the way, to remove which the exertions of this Board, and of every good citizen, will be re- quired ; for, so long as one half of our youthful population are thus de* prived of the blessings of education, so long will the broad avenue of vice 22 be supplied with its victims, and our Courts and Prisons be supplied with their youthful criminals. “ The doctrine has been established beyond all doubt, that the want of early moral culture is the fruitful cause of almost all crime. There are no criminal statistics in Canada to which reference can be made in proof of this doctrine, but from the testimony of those familiar with our Penitentiary and Prisons the fact is undoubted. In the Report of the Superintendent of Common Schools of the State of New York, for last year, he remarks that— * If facts were required to illustrate the connection between ignorance and * crime, let the official convictions in the several Courts of the State for * the last ten years, be examined, and the instructive lesson be heeded. Out ‘ of nearly 28,000 persons convicted of crime, but 128 had enjoyed the •benefits of a good education; 414 only a ‘tolerable share* of learning; * and of the residue about one half only could either read or write.* “ It would be difficult to define all the causes which have operated to keep upwards of one half of our school population from attending the schools, but we may reasonably assume that poverty, parental indifference, sectarianism, and the want of suitable accommodation for the children, in ^he present School Houses, have all operated to produce the unhappy result* “ The provision made by statute for exempting the indigent from the charge of the Teacher’s Rate Bill, is very frequently slighted by parents who would gladly avail themselves of the advantages of the schools were they free, but who will not, as paupers of the State. This fact has been fully attested by the brief experiment of Free Schools in this city, in the years 1848 — *49, and has been similarly attested in the town of Niagara, as well as in other places. The increase of attendance under the Free system, demonstrated that poverty, and an unwillingness on the part of parents to be regarded as educational paupers, prevented multitudes of children from attending the schools. The same difficulty has been experienced in the State of New York; for, during the year 1846, ‘over 46,000 children ‘were deprived of the advantages of education, either through the remiss- * ness of the Teachers of School Districts, in exempting them from the ‘ Rate Bill, or from the pride of parents in refusing to claim such ex- ‘ emption.* “ The removal of parental indifferency may also, perhaps, be effected by the adoption of the system of Free Schools; by providing spacious and inviting School Houses; by supplying the Schools with good Lending Libraries and apparatus ; by the devotion of some of the time of the Superintendent in visiting parents whose children are neglected, and by in- viting them to attend at examinations when prizes are to be awarded to the children. “ How far the spirit of sectarianism operates to prevent the young from attending schools, where no religious peculiarities are taught, it is not easy to determine ; but that it does so to some extent your Committee are fully convinced. To meet the difficulties connected with the desire to infuse the Sectarian element into our Public Schools, and vrhich have already led to many unhappy collisions between Boards of Trustees throughout the Province, and the parties claiming Separate Schools, your Committee may be permitted to examine the principle involved in this demand, in order to be prepared to suggest a remedy. “It is admitted by all that the civil government may claim from the peo- ple the means of national defence, of regulating commerce, and of punish- ing crime ; and that above all things, it is imperatively required to endea- vour to prevent crime by establishing those moral safe-guards of society which a wise and wholesome system of public icstruction pre-eminently af- fords. But while it may claim jurisdiction over such interests, it has no moral right to claim jurisdiction over matters of religion or of conscience: It may impose a tax for general education, but it has no right to impose a tax to support any form of religious faith or worship. The civil ruler should doubtless be governed by moral and religious principles in all his civil duties, but religion, whether as to its support or regulation, comes not within the scope of his prerogative. Civil governments may enact laws in Accordance with natural right and the will of the people, but they have no right to impose a tax to be applied in whole or in part for the inculcation of sectarian dogmas whether in public schools or in religious congrega- tions. The great land-marks of duty are traced out in the authoritative com- mand, ‘ Render unto Ccesar the things which are Cmar^Sy hut unto Ood ‘ the things that are God's' “ But as there are some religious communities whose teachers claim as a religious right — as a matter of conscience — that their youth shall not re- ceive public elementary instruction without, at the same time, being edu- cated in the dogmas of their creed; and will not consent to co-operate with others in a general scheme of secular and moral education, the State may perhaps be required, in deference to such sectarian scruples, which are urged, it is believed, not so much by the people as their religious teachers, to levy a separate tax from the adherents of those communities demanding such Separate Schools. The State should not require the whole tax-payers in a community to be identified with the building up of any sectarian sys- tem whatever. They who demand the combination of party religious dogmas with all youthful instruction, and who refuse to co-operate with their fellow citizens in a Catholic and benevolent scheme of secular educa- tion, should be allowed to isolate themselves, and be left to raise their own educational funds from their own people. “ Your Committee are of opinion that by making the Schools under this Board free to ai.l — the means for their support, beyond the Legislative appropriation, being raised by an equitable tax ; by providing more com- modious and suitable school houses ; by furnishing them with appropriate libraries and apparatus ; and by excluding everything of a sectarian charac- ter from the instruction given — a much larger proportion of the school 24 population would be drawn out to the schools, and the best interests of so- ciety would be promoted. ** That difficulties will arise in carrying into operation the system of Free Schools cannot be doubted ; but, as in other places, these will certainly dis- appear with the advance of intelligence. The holder of property, who has no children to be educated, is interested in proportion to his estate, in providing for the security of property and life ; and the absence of private educational expenses enables him the more easily to meet those which are public. He never perhaps complains of the cost of the criminal jurispru- dence of the country, neither should he complmn of the cost of education, since in proportion as the one is augmented in its influence upon Society, the cost of the other is diminished. The objections made to a tax for Free Schools may be answered in the impressive language of an eminent friend of education and humanity — Horace Mann, Esq. He thus reasons on behalf of free education and the rights of society. “ * But sometimes, the rich farmer, the opulent manufacturer,' or the * capitalist, when sorely pressed with his natural and moral obligations to ‘ contribute a portion of his means for the education of the young, replies * either in form or in spirit : ‘ My lands, my machinery, my gold, and my ‘ silver are mine ; may I not do what I will with my own V There is one ‘ supposable case and only one where this argument would have plausibility. * If it were made by an isolated, solitary being — a being having no relations ‘to a community around him — having no ancestors to whom he had been * indebted for ninety-nine parts in every hundred of all he possesses, and ‘ expecting to have no posterity after him — it might not be easy to answer ‘it. If there were but one family in this 'Western Hemisphere, and only ‘one in the Eastern Hemisphere, and these two families bore no civil and ‘ social relations to each other, and were to be the first and last of the whole ‘ race, it might be difficult, except on high and almost transcendent grounds, ‘ for either of them to show good cause why the other should contribute to'' ‘ help to educate children not his own. BtU u this the relation which any ‘ man among us sustains to his fellow f The society of which we necessarily « constitute a part, must be preserved ; and in order to preserve it, we must « not look merely to what one individual or one family needs, but to what ‘the whole community needs; not merely to what one generation needs, ‘but to the wants of a succession of generations.’ “ The excellence of the Free principle may be learned from the high estimate set upon its practical operation by those who have most thoroughly tested its value. In the Report of the Superintendent of Common Schools for the State of New York for 1850, the following important testimony is given : “ ‘ In each of our own cities, and many of our larger villages, it has been * established and sustained by the general approval of our citizens ; and ‘ wherever it has obtained a foothold it has never been abandoned. It is only vamrar * requisite to adjust the details of the system, equitably and fairly, to com- ‘ mend it to the approbation of every good citizen as the noblest palladium * and most effectual support of our free institutions.’ “ Your Committee cannot but express their gratification to find that in many places within this County, and by the Educational Committee of its Municipal Council, as well as throughout the Province generally, there ap- pears to be a growing interest with regard to Free Schools ; and they look forward with hope and expectation to the important period, when, to all the youth of Canada a good Common School Education will be as free as the air and light of Heaven. ** Your Committee cannot too earnestly press upon the Board the abso- lute necessity and importance of at once beginning to make provision for the purchase of ground for Sites for School Houses, and for the erection of commodious brick buildings capable of accommodating from 600 to 600 or 800 children. Without this essential aiTangement it is morally impossible to effect any important changes in the way of improving the schools. The present School Houses are totally inadequate to the requirements of the school population of the city, and, besides being too small, are neither ar- ranged nor ventilated as the convenience, the health, and the moral inter- ests of the children require. Experience has proved that by congregating the youth in a large and appropriate building, and by having departments for the various branches of study, the instruction will be more thorough while the labor and the expense per head will be greatly diminished. Be- sides, the classification of the male and female scholars, which is impossible in the present schools, can be there effected, while other arrangements, according to the most approved designs of modem schools, which might be made, could not fail to promote the moral and physical well-being of the children. “ All of which is respectfully submitted, ^J. LESSLIE, 'Toronto, February, 1861. « Chairman** (Carried,) JOSEPH WORKMAN, Chairman, B, S. T, The first exclusively female school, or female depart- ment, was established some time in 1851, and was carried on in the upper portion of the old Central School, corner of Nelson and Adelaide streets, Mrs. Corbett being the Teacher in charge of it. The j&rst actual step towards obtaining school sites, preparatory to the erection of school buildings, was ac- complished in November, 1851, when it was determined to purchase three plots of ground for that purpose, viz. : 26 one on Louisa street, near the Church of the Holy Trinity, at a cost of £531, and to this was subsequently added, in 1856, a small strip to the West, so as to bring the site to abut on a lane, at the further cost of £200 ; one on Gteorge street, near the Bank of Upper Canada, at a cosi of £425 ; and one in the Park, or Eastern portion of the City, at a coat of £300. And shortly afterwards ad- ’ vertisements were published, asking for plans and spe- cifications. The school attendance for 1851 was 1366, and the cost of maintaining the schools was £2,406, viz., Government Grant £497, and City Assessment £1,907— the schools, as before stated, having been free during the year. 7BEE SCHOOLS ESTABLISHED. ' The course pursued by the Board, in establishing Free Schools supported by a general assessment, created a good deal of agitation out of doors ; and as the time ap- proached for the Trustees’ election, 1852, a movement in opposition to Free Schools was made, and the following requisition was sent into the then Mayor, (J. G. Bowes, Esq.,) to convene a public meeting, where the question might be discussed, viz. : To Ei» Worthip the Mayor ; The undersigned inhabitants of the City of Toronto, opposed to the present heayy Tax for the support of Common Schools, and the pros- pect of a permanent and increasing City Debt for the purchase of land and the erection of School Houses thereon, in the several "Wards, as at present contemplated by the Board of Trustees, request that you will call a Public Meeting of the citizens in order to get an expression of public opinion on the subject George Bilton, J. Watson PraiCt4ons, Ae.| Arithmetio. — Repetition. 13.00 1 1.00 HOON IVTEEMISSIOX. 1.00 2.00 2-00 i grammar. - Letter- witirg (CompositLojL.) 1 Analysis of SentcEcesu-— ! (jrammar. — ComposffioTi j Comp, of eim.Somhmtb es.[ Des. of Objects ; Abstracts. Ansdjsia of Sentences. — Written Parsing or Comp, Repetition of Grammar and Analysis i Composition. 2.50 Gc^apby of America,— Msp Dravrirff, History. sOeograuhy tGeneral). — i; Mac Drawing. j History, Eepetition ; Geography (Ibioct Lfssson. 3.50 1 3.00| AETERtfOON RECESS. 3.00 3.55{Aritamc'tic,Jn^biu,Euel^liATithiii&tic* Al^bra, Meu- 1 ’ i taJ Arithmetic, Aiitbajetic^ Euclid, Scoeucc (Natural.! Arithmetic, Algebra, Men- Singing and Recitation of 1 I^try, &c. Public Schools, City of Toronto. — Time Table, Female Department, Third DiTisioa. — ^Hours of Study, From Nine, A.M., to Noon ; and from One to Four, p,m, — Occupation of Time. 3.Es| Sewing and Sluing. Katiural Pkiloscphy, Ifatural Philosopbj. [ Sewing and Singing. B. Tb^e ScIkk>I m be epejud. ud f!loie4 witlL Scd^itare Readlnf and rjt]rcr. Eooki fzwa tbe Iribrair will be f iren out eacb. Fzidaj afteraoHnn, 1 i 1 TO 1I03SI>AT. TtrEBDAT. WBDKE8DAT. THrBSDAT. FBIDAZ. &.00 10 00 Beading.— 5th Book, or Literary Class Book and Spelling. Beading.— English History and Bpelling. Beading.— 5th BtK).k» or* Liter^ Class Book and SpeUiDg. j Beading.— English Hlatoiy . and Spelling. B^tition of Grammar and Spelling. 10.00 , 10.50 Writing, Writlpg. Prawing, 1 Writings Bepetition of Arithmetic. 10.50 11.00 FOSESOOSr BBCEBS. 11.00 12.00 Aritlimetic. | I Bictation. Arithmetift. Dictation. Bepetition of Arithmetic. 12.00 1.00 BOOH IirTBBUISaiON. 1.00 2.00 Grammar. Grain mar. Grammar. 1 Granmiar. Bepetition of History. 2.00 2.50 Geography. 1 History. Geography. History. Bepetition of Geography. 2.50 3.00 AFTEBBOOF BBCBB8. 64 SCHOOL DISCIPLINE. The discipline of the City Schools is such as would be exercised by a kind and judicious parent ; and the work- ing out of this general guiding principle will be fully understood by perusing the following code of regulations recently adopted by the Board, and referred to in their address to parents in another chapter, under the head of School attendance. These regulations apply both to Teachers and to Pupils ; and as a full knowledge of their import and character cannot be too widely made known, it has been thought advisable to incorporate the same with this Report, and they are herewith submitted as follows : — 1st. AS TO TEACHERS. 1. The appointment and remuneration of teachers is determined by the trustees, and teachers are prohibited from receiving pay- ment from, or on account of, any pupils. 2. Teachers after probation will be engaged by the year, but all engagements will be terminable on one month’s notice in writing. 3. It will be the duty of every teacher to observe and enforce the regulations established by the trustees, a printed copy of which shall be permanently suspended in every class-room, and so far as they refer to pupils, read to the whole school every Monday morning. 4. All teachers are required to conform to the directions of the superintendent. The head masters will take priority of rank in the several schools, and all subordinate teachers are to give effect to the instructions of the principals of the departments in which they serve. 5. Every teacher is required both by precept and example to instruct the pupils in good manners, and to pay strict attention to their morals and cleanliness of person and habit. 6. The principal of each department shall make such arrange- ments as will secure the attendance of one teacher in the play- ground, to overlook the pupils during the intermissions of study. 7. The teachers shall be in the schools at all seasons of the year sufficiently early to have their rooms well prepared for the 66 scholars before the hour appointed for beginning the exercises ; and it shall be their duty to give vigilant attention to the ventilation and temperature of their rooms, and at the end of each day’s exer- cises, to see that the air in the rooms has been effectually changed before the school-house is closed, 8. The teachers are required to take special care of their re- spective class-rooms. The head masters will be held responsible for the preservation of the school-houses, yards, and appurtenances, as well as for maintaining them, in a clean, neat, and proper con- dition ; and when any thing is out of order, requiring repair, or restoration, it is to be promptly reported to the superintendent. 9. A register shall be kept by the principal teacher in each de- partment, in which shall be recorded the names, ages, dates of ad- mission of the pupils, and the places of residence of their parents or guardians, together with the daily attendance of each pupil ; and a monthly return or abstract thereof shall be made to the superintendent, in a printed form provided for that purpose. 10. The principal teachers in each department shall examine the pupils under the care of the other teachers, and otherwise super- intend the exercises of the subordinate classes, as often as may be consistent with the proper discharge of their own more immediate duties. 11. The teachers are required to practise such discipline in th® schools as would be exercised by a kind and judicious parent, and shall avoid corporal punishment in all cases where good order can be preserved by milder measures. When corporal punishment is inflicted, it shall take place only in presence of the school, and every such case shall be recorded in the school diary, the teacher being held responsible for the due exercise of this discretionary power. 12. For violent or pointed opposition to the teacher’s authority, a principal teacher may suspend a child from attendance at school, immediately informing the parent of the measure, and reporting the case to the superintendent for his instructions. 13. When the disobedience of any pupil ^becomes habitual, and hopeless of reformation, and his example very injurious to the school, it shall be the duty of the principal teacher to report the case to the superintendent, who may suspend and ultimately expel the pupil from the schools, such act being subject to an appeal to the Board of Trustees ; but any child thus expelled, who shall, in the presence of the school, ask forgiveness for his or her fault, and thall promise amendment, may, with the sanction of the superin- tendent, be reinstated in the privileges of the school. 14. When any teacher is compelled, by sickness or other cause, to he absent from school, the principal of the department shall make temporary provision for the care of the classes, recording the case, and promptly reporting it to the superintendent; and if such absence shall continue for more than two days, the appointment of a substitute shall devolve upon upon the superintendent, and the substitute’s remuneration shall be deducted from the salary of the teacher, by the authority of the Board. 15. No teachers shall award medals, or other prizes, to the pupils under their charge. 16. No subscription or contribution for any purpose whatever shall be introduced into any school. 17. No addresses shall be presented by the pupils to any teacher, or other school officers or authorities, and no uses other than those connected with the regular exercises of the schools, shall be made of the school-honses, except under the special sanction of the Board of School Trustees. 18. Teachers are expected to refrain from all public, political, and ecclesiastical controversy, and to remember that the public schools are intended for the children of all, without regard to the party principles of any, in matters religious or political. 19. The daily exercises of each school shall accord with the general programme of studies adopted by the Board, and a printed time table denoting them shall be permanently suspended in every class-room. 20. There shall be a recess of ten minutes for every class, each half day. 21. There shall be a repetition examination of every class on the Friday of each week. 2nd. as regards pupils. 1. Parents or guardians desirous of sending a child to any public school, are required to apply to the head teacher of such school, on any Monday morning, at nine o’clock, at which time only new pupils will be admitted. 67 2. No child will be admitted under five years of age. 3. On admission, the name of each child shall be entered in the general register, which shall record the name, age, and date of admission of the pupil, and the residence of the parent or guardian, 4. Pupils are expected to come to school with their persons and apparel neat and clean ; and if any neglect this regulation, the prin- cipal teacher shall at once send them home, that they may receive proper attention. 5. No pupil shall be sufieredto remain in school unless promptly supplied with the books deemed necessary by the Trustees for his or her classification and progress. 6. The daily exercises of each School shall commence and close with Scripture Keading and Prayer. 7. Each school shall be open from nine o'clock, a. m., until noon, and from one o’clock, p. m., until four of every lawful day of the week, except Saturday. 8. Every day the schools are open, the pupils shall assemble in their respective play-grounds, at the ringing of the bell, by five minutes before nine o’clock, A. m., and by five minutes before one o’clock, p. M. At nine, a, m., and at one, p. m., the doors shall be closed and the roll called ; and every pupil not answering at the call of the roll, shall be registered “ late.” 9. No pupil, not present within a quarter of an hour of the time appointed for opening the school, shall be admitted for that half day, unless the absence be explained by his or her parent or guar- dian, personally or in writing, to the satisfaction of the head teacher. 10. No pupil, absent from school during a whole day, shall be re-admitted, unless such absence shall be explained by the parent or guardian, personally or in writing, to the satisfaction of the head teacher. 11. Frequent absences, unless satisfactorily explained, will be punished : first by public suspension, and finally by public dismissal from the school, the parents or guardians being duly notified. 12. No pupil, who is irregular in attendance, punctuality, or conduct, will be permitted the privilege of the school libraries, or be eligible for reward of any sort. 13. No pupil shall be allowed to leave before the hour appointed for closing school, except in case of sickness, or some pressing ' 68 emergency ; and then the principal teacher’s consent must first be obtained. 14. Pupils who are known to conduct themselves improperly, on their way to or from school, will be debarred for a time from the privileges of the school libraries, or otherwise punished, according to the nature of the offence. 15. Pupils will be held responsible for the care of the seats and desks appropriated to their use, and any injury thereto, or to any school furniture, will be punished according to the nature of the offence, 16. No pupil shall be transferred from one school to another, except on account of the change of the residence of his or her parent or guardian ; and in every case of transfer, the pupil shall bring a note from the head teacher of the school he or she is lea^ ing, to the head teacher of the school into which it is desired that such child shall enter, which shall state the ground of the transfer, in order to its being recorded in the register of each school. 17. Pupils are required to be respectful and obedient to their teachers, and kind and obliging to each other. All games likely to excite ill-feeling are strictly prohibited. 18. Pupils habitually inattentive, disrespectful, or disobedient to their teachers, will be suspended from the schools, and if they persevere in such misconduct, ultimately dismissed. 19. Generally. — Pupils are required to speak the truth on all ♦ occasions ; to refrain from indelicate or profane language, and from mocking or nicknaming their school fellows or others ; to be obedi- ent to parents and guardians, and respectful to all persons in autho- rity ; to be attentive, quiet and orderly in the school ; to promote, as far as possible, the comfort and improvement of others ; and, in fine, to do unto others whatever they would that others should do unto them. TEXT BOOKS. The Text Books, to be made use of in Common Schools generally, are prescribed by the Council of Public Instruc- tion under the powers given by the 38th section of the School Act. Subject to these general regulations, the 69 Board of Trustees will sanction the use in the City Schools of such books only as may be authorized by the Board, or as, under special circumstances, may be temporarily sanctioned by the Local Superintendent. According to these regulations the text books chiefly used in the City Schools are the National Series of Read- ing Books, (reading, as elsewhere observed, forming the standard of our school classification) and the National Arithmetic and Book-keeping— but Sullivan’s Literary Class Book, Murray’s and Lennie’s English Grammars, Thomson’s Arithmetic, Bonnycasile’s Algebra, Chamber’s ^Mensuration, Simson’s and Colenso’s Euclid, Goldsmith’s Histories, and Roy’s History of Canada, are all more or less used in some or other of the Cily Schools. SCHOOL ATTENDANCE. The question of school attendance has for a long time occupied the anxious attention of the Board of Trustees. It cannot be denied that the number of pupils regularly attending the city Public Schools, does not bear that proportion to the number of children of school age in the cily that it ought to do : while those whose names are registered as pupils are neither so regular nor so punctual in their attendance as is desirable. The views enter- tained by the Board, with regard to a subject of such vital importance to the welfare of Common School educa- tion, will be readily understood from the following report of the Committee on Free Schools, submitted to and adopted by the Board in 1857, viz : — “Your Committee have had under consideration that most important subject, irregularity of attendancey which naturally affects the whole educational interests of the city. This subject has occupied the attention of the friends of popular education in other countries — for all, more or less suffer from the evil which it creates and fosters. However advantageous may be our school J 70 system, however commodious and comfortable our school-houses, however able and industrious our teachers, but little comparative good can be effected so long as the attendance of pupils is marked by irregularity and want of punctuality. With such evils at work in a school, the development of the mental powers of the child and the formation of good habits — which are the great object and end of education — is prevented; the discipline of the school is thwarted ; the efforts of the teacher destroyed ; while derangement and confusion take the place of order and harmony.” ‘‘ The origin of this evil, the Committee impute, in a great measure, to the little responsihility felt by parents and guardians in this matter. Children are too often kept from school, or made late, for the most frivolous causes. Did the heads of families but reflect upon the serious injuries thus inflicted upon their children — injuries which in after life they may never be able to recover — injuries which affect them not only morally and intellectually but pecuniarily, and not only themselves but society at large, they would surely hesitate before encouraging, too often on the slightest grounds, an evil fraught with snch consequences.” “ The Committee, with the view of at least mitigating the evil complained of, recommend that the visitorial system be cordially entered into, and thoroughly carried out, by the different teachers. It is quite obvious that a zealous teacher can do much, not merely by enquiring into the causes of absence, but by judicious and kindly remonstrance with the parent, and by showing that the welfare of the children is their great aim. They can also render the school room attractive to scholars, so that they may learn to look upon it, not as a restraint, but as a place where they experience true enjoyment.” With reference to this recommendation it is proper to remark that every teacher is now required to visit the abodes of all those children, of his or her division, who are not regular and punctual, or who do not comply with the regulations of the school — a visiting book is kept for the use of each department, wherein is recorded the number of visits paid ; the persons to whom those visits have been made ; the cause lor such visits; what took place on the occasion of the visit; and the result which attended it. The same Committee also recommended that an address to parents, setting forth the advantages to be derived from our City Free Schools, and the evils entailed upon parents and children by a desultory attendance, should be prepared and published. This course it was thought might be of some service, and would at least deprive parents of any excuse for continued neglect. The recommendation was not however acted upon at the time it was made ; but more recently, a brief address of this character, was adopted by the Board, and made the preface to the new rules and regulations ; and as the same is strictly pertinent to the consideration in hand, its publication in these pages, as a portion of these remarks, will be appropriate, and it is hoped serviceable. ADDRESS TO PARENTS AND GUARDIANS BY THE BOARD OF SCHOOL TRUSTEES. Toronto, July, 1858. “ The trustees have prepared and published regulations for the public schools, in order that parents and guardians, as well as chil- dren, may fully understand and carefully attend to them. The yearly expenditure of public money, in maintaining these schools, is very large, and every rate-payer, whether he uses the schools or not, is required to contribute towards their support. The public have a right, therefore, to demand that the schools shall be managed in the best manner and for the good of the whole com- munity, and those persons whose children share the advantages of free education, should be anxious to comply with such reasonable regulations as may be necessary (o their efficient government. The education offered in these public schools is sound, thorough, and of great value, whilst the management is based upon kindness and judicious consideration towards the pupils. As the schools are entirely free, and every child of proper age is earnestly invited to enter them, the parents of any child who remains uneducated, are alone responsible for the loss that child suffers, and for all the future consequences of its ignorance to them- selves and the community. The greatest difficulty the schools have to encounter is irregu- larity of attendance on the part of the children : no business of any sort can succeed, but by dint of constant and steady applica- tion, and it is probable that six months’ regular attendance at school is of more real benefit to a child than irregular attendance during twice that period. Absence operates badly on the school as well as on the scholar, for it not only checks the progress of the absent pupil, but it pre- vents the advancement of those who attend with regularity. The trustees have accordingly established strict regulations con- cerning the attendance of children ; and as it will be the duty of the trustees, the superintendent, and the teachers to enforce them, parents are entreated to perform their duty by taking care that their children attend school regularly every day, and punctually at the appointed hours. If parents neglect so simple and easy a duty, they inflict an injury upon the schools as well as upon their own children: and they must not afterwards complain if the habitual irregularity of their children be punished by suspension or dismissal, as the only way in which the discipline of the schools can be protected and maintained. A daily record of the attendance of each child will be kept, so as to enable the trustees to enforce these regulations, and a copy o^ the same will be issued to the parents or guardians of every pupil, for their information and guidance. Half-yearly public examinations are held in every school before the Midsummer and Christmas holidays, at which all parents and the public generally are invited to attend,” THE EXPENSE OF MAINTAINING THE SCHOOLS. In the Appendix to this Report there will be found a comparative statement of the annual cost of the City Schools, and also the cost per child, from 1844 to 1857, both years inclusive. It is proper, however, to explain that the said statement, although sufficiently reliable for what it was intended to show, namely, that the expense 73 of maintainiDg the City Schools has largely increased since 1844 to 1857, and even since 1852 when the Free School System came into operation, up to the present time, yet it must be looked at with some qualification. As a mere matter of figures, the comparative statement certainly presents a discouraging appearance ; but it is not simply as figures that the question ought to be con- sidered. The mere cost of an article should assuredly be measured by its quality ; and, in fairness to our City Schools, the proper consideration of expense is not whether the Schools are or are not more expensive now than they were, but whether the education and training acquired in the City Schools of the present day, costly as they may appear when compared in dollars and cents with the Schools of fourteen years ago, are not, in fact, quite as well worth, if not better worth, the money they cost now, than what they cost then ? and whether, in fact, the expense, at $12 per child in 1858, is not actually a better educational investment for the citizens of Toronto, than the expense of $6 for the same purpose in 1844 ? In the School times of 1844, the School Buildings — if they indeed merited the term at all — were small, incommodious, badly ventilated, and ill adapted for the purposes of social and moral advance- ment, through the agency of popular education ; children of both sexes assembled in one School-room, and min- gled together in one common play-yard — in several cases as many as a hundred young persons were huddled together in a space not fit to accommodate — far less teach — two-thirds, or, it might be said, one-half, of the number ; the pupils attending the Schools, from the child learning its A, B, C, up to those farthest advanced, were all taught, boys and girls, by one Male Teacher ; so that there could be but little, if any, system or classi- fication ; and much that was attempted could not fail to be done otherwise than in a hurried and superficial manner. v It is true that the Teachers of that day worked, or rather slaved, amidst these contending difficulties, with an earnestness of purpose and an industry of action which merits all praise ; and that they 'were able, under such circumstances, to impart so much knowledge to their pupils as they confessedly did, is a matter as much to be wondered at, as it deserves to be admired. But, at the same time, it would be simply absurd to compare the City Schools of 1844, or even 1852, with those of 1868. In 1852, the present six handsome, spacious, and commodious Schools, suitably fitted up and supplied with all needful appliances, were commenced, and in 1855 they were completed ; and to compare the cost of education from 1844 to 1852 with that of 1858, would be about as rational as to compare the miserable School premises of that period with the superior accommoda- tion of the present day; for, cost what they may, our School Buildings are recognized by every stranger as an ornament to the City. Nor does the comparison, or rather contrast, end with the question of School Buildings and appliances ; for while, in the olden time, boys and girls were taught together by a Male Teacher, now they have distinct and separate departments, and the girls are in charge of Female Teachers : then, there existed no opportunity of classification, while now, the pupils, being arranged and divided according to a recognized standard of proficiency, are advanced from one division to another, according to progress — and each division has its own appropriate Teacher. In fact, the comparison between 1844 or 1852, with the present day, might be extended all through every part of the School system ; but enough has been advanced to prove lo every unpre- judiced mind, that although the City Schools do cost more now than they did in former years, yet the people have, in return, an article quite as valuable in proportion in 1858 as it was in 1844. 76 Improvement in anything cannot be accomplished without an increased expenditure. Education, surely, is not to be the exception; and if the excellent, but therefore, to some extent, more expensive education, so liberally provided in our City Schools, has not as yet produced the good fruit which was reasonably to be ex- pected from their establishment, the whole blame lies at the door of those for whom these benefits were provided, but who, nevertheless, are not sufficiently alive to the advantages of them ; otherwise, in a populous city like Toronto, every School-room would be filled with anxious pupils, urged on to a regular and punctual attendance by equally anxious parents. Let us now turn our attention to the cost of the Schools for the past year, 1858 ; and by referring to the Appendix, where the annual statement of the whole expenditure is set forth in detail, it will be found that the whole amount of money actually paid. out during 1858, was ^28,757 44: the resources to meet which were derived from the Government Grant and the City Assessment. But, with regard to this total expenditure of $28,757, it will have to be borne in mind that $2,276 were paid on account of 1857 ; and that several large amounts paid, such as the items for instalments on sites, and for principal on debentures for School Buildings, are to be considered as belonging to permanent investments, and not to the annual cost of maintaining the Schools. The following statement will more intelligibly exhibit the actual expense of maintaining the City Schools for the year 1858, namely : Salaries to Teachers, Superintendent, and Secretary, and al- lowances to the Care-takers $16463 16 Rents, $401 67 ; Election expenses, $86 487 67 School Libraries 224 70 Fuel, viz.. Wood, cutting ditto, and Coal 1160 63 Insurance on $50,400 830 76 Maps, Object Lessons, &c 157 84 76 Amount hrmight forward 65 Advertising, $126 97 ; Printing, $229 355 97 Pens, Ink, Pencils, and Stationery, for the Schools 123 12 Stationery for the Board, and for OflSces 80 00 Miscellaneous Expenses 76 88 Annual Estimate for Dilapidation and necessary Repairs to School Buildings 1200 00 Annual Interest on permanent Investment of $80,000, for Sites, Buildings, Furniture, Ac 4800 00 Total $24400 62 Say, in round numbers, $25,000. In the comparative statement of expense, from 1844 to 1857, previously referred to, the cost per pupil was estimated on the basis of “ Daily Average Attendance” inasmuch as the resolution of the Board requiring that information, specified that it should be so calculated. But this very strict and narrow view of the question of expense, is certainly not the fair light in which it should be viewed, inasmuch as in every public institution, and in every private business establishment, a reasonable per centage is always allowed for absence caused by sick- ness, weather, or other unavoidable causes; and to show to what an extent our School attendance is sometimes influenced by extreme cold or heavy rain, it will be enough to refer to the fact, that although so many as 2,444 pupils have been present at one time, yet there * have been occasions when only 700 were in attendance ! It is frankly admitted that the proportion of absentees and irregular attendance, is much greater than it ought to be ; but the fault rests not with the Board — not upon the Schools — not upon the free principle — but altogether with parents, and with them alone. The machinery of the Schools is, and will be, going on steadily, whether every pupil be present or not ; and the cost of maintain- ing the Schools cannot well be diminshed according to a sliding scale, dependent upon indifferent or neglectful ab- sentees. It has been shown in the “Abstract of School Attendance for 1858,’^ that not less than 4,742 pupils had their names entered on the School Registers, from the 1st of January to the 3 1st of December ; but it would not be fair to take these figures as representing the School attendance for 1858, because, in the first place, a propor- tion of these pupils, in consequence of change of resi- dence, or after the Summer Vacation, have had their names entered on the Registers of other Schools ; and, in the second place, because in that large number are in- cluded all those who, we find to the extent of 650, were at School but a few days altogether ; and of nearly 1000 present only from 20 to 50 days out of the whole yean In the same abstract it is also shown that the “ average registered attendunce’^'* (calculated by months) was 2,622, and this number ought to form the basis upon which the cost of education per child should, in fairness, be calcu- lated — because, although of this number (2,622) of scholars, it is true that a proportion of not less than 25 out of every 100 were, on an average, absent every day, (the fact is discouraging, but the truth must be told) yet it by no means follows that the same children were absent on all these occasions ; on the contrary, this per centage of absence was distributed over the whole number, and sometimes one and sometimes another was absent, according to circumstances ; so that every one of the absentees did, more or less, receive instruction, and, in some degree, participated in the benefits conferred by the Schools; and it is, consequently, no more than right that they should be included in the average cost. On this basis, therefore, the cost per child would come to ^9.60 ; while for the purpose of keeping up the com- parative calculation, as based upon ‘‘ daily average,*’ the cost per child, in this consideration, would then amount to $12.58, which is somewhat lower than for 1857, owing to the increased attendance for 1858. The accommodation and the existing appliances of 78 our Schools, could receive and instruct a much larger number than they do. It is not too much to affirm that five hundred additional pupils could be taught with but a trifling addition to the whole annual expense. And were parents and others to take a greater interest in the education of their children, and by this means ensure a larger as well as a more regular attendance, the cost per child, on the basis of “ daily average,” would be materi- ally diminished ; while the cost per child, on the basis of registerd attendance,” would be brought within a limit which could not be seriously objected to. If, how- ever, the earnest endeavours of the Board of Trustees should unfortuately fail to accomplish this result, and if thereby the present Free School principle shonld be endangered, those parents and guardians for whose children the advantages of free education were intended, but who do not seem to value it, will alone be responsi- ble for all the consequences that may ensue. REPORT ON THE FREE SCHOOL SYSTEM. Towards the close of 1857, the then Local Superinten- dent and Secretary, Mr. G. A. Barber, presented a report, No. 25, in which, on the ground, that according to his experience, ‘‘the result of the Free School System, as now carried on^ was incommensurate with the cost of main- taining it,” he therefore asked the Board to reconsider the whole question. At the same time that officer sug- gested the consideration whether the welfare of the schools, and the efficiency of the whole system of com- mon school education, would not be advanced by separa- ating the duties of Superintendent from those of Secretary. The views entertained by Mr. Barber on the Free School System, as carried on in this City, having been already published in pamphlet form, it is only necessary to refer to them here ; but as the reasons which influenced him in suggesting the separation of the two offices have not been made public, it is proper they should be stated to be, in effect, — ‘‘‘That he was disappointed as to the ex- pected success of the free school principle in the city schools, and had therefore a conscientious disinclination to share the responsibility of a system so costly, and yet so comparatively fruitless ” — and, “ that he thought and felt the free school principle, if it was to be continued, might be worked out with a better chance of success in other hands ; for, as he himself regarded the experiment as a partial failure, a person free from such a feeling, might more efficiently, perhaps, superintend its opera- tions.” Both hese matters were taken up and discussed sepa- rately, the latter consideration being first disposed of. The Committee on School Management, to whom the same had been referred, reported as follows, viz. : “ The Superintendent has communicated the views inducing him to make the suggestion in question, and as they are based upon his experience of the working of the present (free school) system, which he regards as inefficient, undisciplined, costly, and compara- tively fruitless, your Committee, aware of the weight attaching to such testimony, have anxiously discussed the question, and have decided not to assume the responsibility of recommending the continuance of existing arrangements, as regards the agencies em- ployed to work out the principle. “ It is clear that to pursue a system, which after extended trial is condemned by those charged with giving it effect, is to concen- trate the responsibility of its failure upon the Board, who, how- ever strong their faith in such system may be, cannot undertake to operate it themselves, or practically to promote and secure its success.” The Board having adopted the Report of the Commit- tee, the office of Superintendent, so declared vacant, was opened to applicants, and the choice of the Board fell upon the Rev. James Porter, who assumed the charge of the schools on 1st July, 1858. The action of the Committee of School Management, on the Free School question, having been delayed, the consideration of the same was brought up in the Board by Mr. Tully, who on the 12th May, 1858, moved the following resolution, seconded by M r. Geikie, viz. : “ Whereas the Local Superintendent, Mr. G. A. Barber, in his report No. 25, submitted to this Board on the 2nd December, 1857, has expressed the opinion, that the existing Free School System in this City was a partial failure, costly, but comparatively fruitless, and has further stated it to be his conscientious conviction, that it is no longer consistent with justice to tax a whole community, by a compulsory assessment, to accomplish at best a par- tial purpose- -and whereas the assessment for school pur- poses was, in 1857, three pence in the pound, being one- twelfth of the whole City Tax, and it is therefore unjust to a large portion of the rate-payers to continue the Free School system on its present basis— Be it resolved, That it is advisable to establish an assessment by rate-bill upon such portion of the parents and guardians of pupils now attending, or who may hereafter, attend the Common Schools of this City, as are in a position to pay for the education of their children — and that the subject be re- ferred to a Select Committee, to be composed of Messrs. Geikie, Coatsworth, Beard, Brown, and the mover, to report thereon.” And in amendment thereto. Mr. Cumber- land, seconded by Mr.* Baxter, moves — ‘‘ That in view of the changes about to be made in the administration of the Schools, namely, the separation of the office of Se- cretary from that of Local Superintendent, so as to secure the undivided attention of the latter officer to the duty of a constant supervision of the schools, and the adop- tion of a code of sufficient rules and regulations calcu- lated to amend their discipline and improve their effici- ency — which it is hoped will result favorably in the in- crease of the number of pupils, and the diminution of ex- \ 1 81 pendifure, — it is inexpedient to disturb the existing system until it shall have been more completely and efficiently tested.” A divison ensued thereupon, when there voted for the amendment Messrs. Baxter, Brown, Coatsworth, Cumberland Godson, Greenless, Henning, and McMurrich, 8 ; and against, it Messrs. Geikie, Joseph, and Tully, 3, — so the amendment was carried by a majority of 5. Somewhat later in the year the Committee on School Management considered the subject of the aforesaid re- port No. 25, and presented the following Report, which being adopted by the Board, settled the question for the year, viz. : To the Board of School Trustees of the City of Toronto » The Standing Committee on School Management beg to present their Seventh Report. That in pursuance with the resolution of the Board, adopted the 17th May last, your Committee have had under consideration the Report No. 25, of the Local Superintendent, Mr. G. A. Barber, dated December 1st, 1857. In that Report the Local Superintendent calls upon the late Board to reconsider the whole question of the Free School Sys- tem, upon the ground that, as at present carried on, its results are altogether incommensurate with the cost of maintaining it. In support of that opinion he submits that the number of pupils attending the Common Schools is below that in due proportion to the whole number of children of school age in the City ; that the attendance of the pupils registered and entered at the Schools is irregular: that those actually attending are unpunctual; and lastly, that a compulsory assessment and a voluntary attendance would seem to be manifestly inconsistent with each other, and ac- cordingly that recourse should be had, either to the principle of compulsory attendance, or to the Rate Bill system. Your Committee lament that the number attending the City Schools is smaller than it should be ; and, whilst they have not failed to discover that irregularity and unpunctuality of attendance which would seem to vindicate the necessity of a sterner discipline and a bolder administration, they are unwilling to charge upon the Free School System, as such, the responsibility for evils which but distantly, if at all, result from it, and which may probably be capable of correction, without resorting to fundamental changes. It is worthy of observation that Common School Education in this City, as a system, has never yet been permitted to enjoy that stability and permanence of operation which is generally acknow ■ ledged as essential to success. It is vain to expect mature vigour and full fruit, from a system subjected to such frequent and fundamental changes ; and although during the trial of the last three years, it may, in some particulars, have failed to justify the sanguine expectations formed of it, your Committee are inclined to regard as premature, any such unmea- sured condemnation as would resuit in its disturbance, until every effort shall have been fairly exhausted to secure that efficiency and value which it has achieved in other places. The Board has already separated the offices of Superintendent and Secretary, a measure which promises to secure a more con- stant supervision, and more efficient government of the Schools. Your Committee having discovered that no code of Buies for the instruction and guidance of Teachers and Pupils had yet been issued, have prepared, and will immediately issue, Regulations in regard to the duties and powers of Teachers, to the admission and expulsion of pupils, to regularity and punctuality of attendance, and other details of discipline ; and they trust thereby to arrest many of the evils which are regarded as evidence of the failure of the system. The Board has already, by resolution, determined to maintain the Free School System, as they found it in operation when they were elected ; using every means at their disposal, further to im- prove and strengthen it, if possible, to full efficiency. It is there- fore unnecessary for your Committee to enter upon any discussion of the relative value of the Free, Bate Bill, and Compulsory System ; a discussion which belongs to, and must find its issue with, the Bate-payers. Your Committee, within the limits of the duties entrusted to them, accept the responsibility of administering the system, which, as Trustees, they were elected to administer ; and they are not prepared to recommend that the powers committed to the Board, 83 by the Rate-payers, should be used to initiate the fundamental changes suggested by the Local Superintendent ; and in regard to which, the Electors, as yet, have had no opportunity of expressing an opinion. SEPARATE SCHOOLS. The Board of Trustees of this City have at all times taken strong grounds against Separate Schools. So far back as 1848 the then Board (constituted by appointment from the Corporation) in reply to applications made by the principal denominational bodies in this city, decided it to he inexpedient to establish denominational Schools within this City, On various occasions the elective Board of Trustees have expressed themselves in the most emphatic terms against Separate Schools—to the utmost of their ability they have opposed the principle of de- nominational teaching as connected with Common School education ; and on two occasions the Board presented petitions couched in earnest terms, praying that all religi ous distinctions in the Common School System of this Province might be altogether abolished. In 1852 the sentiments of the Board with regard to Separate Schools were expressed in the report of a Com- mittee, adopted by the Board and sent in to the Legislature, from which the following paragraphs, as more particularly bearing on the question are extracted, viz : “ It is one of the recognised principles of civilized society, that all shall contribute to establish and sustain Institutions deemed essential by the majority — provided that the demand does not infringe upon the rights of conscience. Thus, the charges attendant • upon every branch of public legislation, jurisprudence, or any other branch of social economy, security or defence, are, or should be, borne equitably by all the inhabitants of the country, because all are partakers of the benefits resulting from the ex- penditure. No good citizen complains of being taxed to make the laws of his country, to guard it agamst foreign enemies, to secure its internal peace, — to repress and punish crime, or to extend the benefits of public economy throughout society. Religious distinctions in such cases are unknown — the sectarian is wholly merged in the citizen. We never hear of separate houses of legislation being demanded by Protestants or Roman Catholics, — separate Courts of Justice — separate Houses of Correction, or any other of the numerous arrangements which the peace, safety and well- being of society demand. There is a universal admission of the rectitude and necessity of co-operation in public affairs, and of submission to the burthen imposed to uphold those civil institutions which the majority may deem essential to the social existence or welfare of the whole.” “Among all the instrumentalities employed to secure the moral eleva- tion, and to promote the best interests of society, none appear to be more important than a wise and liberal system of public instruction, based upon moral law, but free from sectarianism. To promote intelligence and virtue all admit is better than to punish ignorance and crime : to pay by a public tax, for the moral and intellectual improvement of youth (com- mitting their instruction in dogmatic theology entirely to parents, guardians, and religious teachers,) experience has proved to be the best public economy. The system of Free Schools, recently established in the city, rests upon the recognition of an entire equality of rights and privileges among all classes of citizens. The religious convictions of all denomina- tions have been scrupulously respected, and their rights sedulously guarded by the law under which the schools have been established. No Protestant teacher can thrust his religious opinions upon Roman Catholic youth, nor can a Roman Catholic teacher upon Protestant youth.” ** Your Committee would further remark that as Roman Catholics are required, as well as Protestants, according to the assessed value of their property, to contribute their share to the entire local tax levied for School purposes, — not merely that which is required to secure tlie share of the Legislative grant, but any excess which the Board of Trustees may deter- mine, — your Committee acknowledge that they should share in the advantages of the whole fund equally with others — not however as Roman Catholics or Protestants — not as the professors of any system of religious faith — BUT AS CITIZENS. If either party, members of the body politic, choose to isolate themselves from the rest of their fellow citizens on the ground of holding to certain religious opinions : if they refuse to co-operate in arrangements for the general good, which do not at all infringe upon their rights as religious communities ; and, if they thus voluntarily forfeit the advantages they are invited to enjoy equally with others, the blame rests not with the Board but with themselves. Neither the general nor the local Governments of the State have any warrant to make laws, or to collect taxes, to build up any system of religious faith whatever. Such functions belong exclusively to the lawful authorities of religious com- munities. If Roman Catholics or Protestants are to share in the moral and political advantages which arise from the promotion of intelligence and virtue in society by means of unsectarian public schools, they are required, in justice, to pay for such advantages in common with their fellow citizens generally. If either Pi*otestants or Roman Catholics desire to super-add 85 otlier scbools to indoctrinate their youth with their own peculiar religious opinions, common justice and propriety demand that it should be done by their own agencies, and entirely at their own cost. The principle is false which makes any secular Government become a tax-gatherer for churches; and it bears unjustly and grievously upon those who conscien- tiously repudiate the interference of Government in providing for the teaching of sectarian dogmas, or for the support of religious communities.” “ Your Committee are fully convinced that justice to society — to every religious persuasion — can never be fully enjoyed but upon the invulnerable ground so highly eulogized by the present Roman Catholic Archbishop of New York — namely, that Civil Government has no moral right to legislate upon the subject of religion. That eminent ecclesiastic, referring to the rights of conscience in other countries being often secured by affirmative laws, thus refers to the superior security afforded in the United States by “a Constitutional negation of all power to legislate on so sacred a subject.” His words are — ‘*In other countries they are secured by some positive statute — ^here they are safer, under a constitutional provision for- bidding any such statute to be ever enacted. In other countries toleration was granted by the civil authority — here the great men who framed the constitution saw, with keen and delicate perception, that the right to tolerate implied the equal right to refuse toleration ; and on behalf of the United States, as a civil government, they denied all right to legislate in the premises, one way or the other ; “ Congress shall make no law on the subject of religion, or prohibiting the free exercise thereof.” The vital principle involved in this interesting quotation from the lecture of the Archbishop is the only rightful and efficient guarantee for the protection of the rights of conscience. Let civil rulers cease from legislating upon the subject of religion and all will be safe. Religion wants no such aid : it will flourish the better without it ; and it will live when governments will die.’* “The Separate School Act, in the opinion of your Committee, violates the principle, inasmuch as it makes provision for the establishment of Sectarian schools where no reasonable cause exists for their establishment, that is, in cases where no rights are violated nor offence committed against the religious opinions or prejudices of the applicants. The end would have been better attained by a legislative negation of all power to introduce sectarian religious teaching into any of our Public Schools.” While your Committee cannot too strongly repudiate the principle rec<^ized by the present School Act, of giving a Legislative sanction to Separate Schools without any just cause for their existence (as in Lower Canada,) they would seek most earnestly, but by other and better means, to guard the rights of every class in the community. Tour Committee fear, that to continue to carry out the principle that the State should provide means to inculcate Sectarian Religious dogmas in our Public Schools, will result, not only in the various Boards of Trustees being required, accord- ing to the plainest principles of political justice, to meet the demand of other religions bodies for the establishment of Denominational Schools, but perhaps, even in the entire destruction of our Educational system.” All which is respectfully submitted. (Signed,) J. Lksslie, Chairman, Toronto, Jany, 1862. In 1856, when Mr. Bowes’ Bill to grant further privi- leges to the R. C. Separate Schools was before Parliament, the Board presented the following petition to both branches of the Legislature, not merely against that particular measure, but also against the principle of Separate Schools altogether. To the Honorable the Legislative AssemUyy in Provincial Parliament Assembled, The Petition of the Board of Trustees of the Public Common Schools of the City of Toronto, Humbly Soeweth, — That your Petitioners, in common with their fellow citizens generally, are deeply impressed with the importance and necessity of general Edu- cation, as one of the best safe-guards of society, and one of the best means of promoting its freedom, happiness and prosperity. That this conviction has been increased by experience of the success which has attended our present admirable system of Public Instruction, — and anything, therefore, which may tend to impede its operation, lessen its efficiency, or lead to its destruction, must be regarded in the light of a social evil, or as a national calamity. That differences naturally exist among the intelligent and sincere of all denominations, as to that which constitutes a good education, none can deny; but as in almost every thing connected with the institutions of civilized society similar differences of judgment will be found to prevail, it becomes necessary for the general welfare that in all things which do not directly pertain to the enlightened convictions of individual conscience, the judg- ment of the majority should bear rule or govern. The admission is gene- rally made that any system of public instruction, to accomplish the great purpose of its existence, must be laid on the broad foundation of those principles of our common Christianity which are recognized by all religi- ous denominations ; but the rights and interests of society, based upon moral and political justice, demand that the peculiar religious opinions or dogmas of any class or denomination should not be allowed to be taught at the expense of the whole community, especially in a mixed state of society such as exists in Canada. The system of public instruction established in this section of the Pro- vince is essentially of the character to which your Petitioners have re- ferred. It is based on the broad principles of Christianity, but admits of no sectarianism. It seeks to instil into the youthful mind love to God, and love to man, obedience to parents, and subjection to all rightful and just authority, but eschews the inculcation of the religious opinions of any de- nomination, The demand for Separate Schools under such a system, is, therefore, wholly inadmissible in the judgment of your Petitioners, either upon moral or political grounds ; and they sincerely regret that the princi- ple of their establishment should ever have been recognized by law, as it has created and will create jealousy and strife among our population if it does not impair or destroy our whole system of public Instruction. No religious class under such a system as ours has, in the opinion of your Petitioners, any claim as a denomination, to be exempted from public tax- ation for School purposes ; or any right to a share of public educational funds. With equal propriety might they claim the right of exemption from other taxes, or to share, as a denomination, in other public funds where the individual or the sectarian is always merged in the citizen. Your Petitioners cannot but view with alarm the successive encroach- ments which have been made by the advocates of Separate Schools. Al- though a minority in Western Canada, they have obtained privileges denied to the majority of the people ; and at length the purpose has been openly avowed that nothing short of a partition of all public taxes for School purposes, according to population or the comparative numbers of youth attending Separate and Public Schools will ever satisfy them I The de- mand is adverse to every sound principle of public policy or of morals, and the attempt to enforce it would, in the opinion of your Petitioners, be perilous to the public peace. The Separate School Acts of 1853 and 1855, and the measure now before your Honorable House, all seem preparatory to secure the accomplishment of that end. The latter measure now proposes to confer upon the Secre- tary-Treasurer of the Board of Roman Catholic Trustees of Separate Schools the right of exempting any one from local taxes for School pur- poses. Every person” (for it is not limited to Roman Catholics,”) “ paying rates, whether as proprietor or tenant,” will by that measure be exempted from the School Tax, on presenting certificates in duplicate from the Secre- tary-Treasurer to the Collector, There is not even a provision made that the party exempted shall declare himself to be a supporter of Separate Schools ; nor is there any penalty for false statements or fraudulent exemp- tions, as in the 12th section of the Act of last year, — but it is proposed to arm the Trustees of such Separate Schools with entire and irresponsible authority to absolve individuals from the payment of the School Tax — a proceeding which your Petitioners deprecate, not only as an infringement of Civic prerogatives and the rights of society, but as perilous to the best in- terests of public education. Your Petitioners, as the representatives of their fellow citizens at the Board of School Trustees, beg to submit to your Honorable House, that. 88 besides the moral and political considerations to which they have referred in support of a uniform system of public Instruction, and against denomi- national Schools supported by public funds, they have expended within the last four or five years upwards of £16,000, provided by School assessment on the City, in the erection of a number of handsome and commodious School Houses, each of them capable of accommodating from 400 to 600 pupils, and have incurred further heavy expenses in supplying them with all the requisites calculated to assist in giving a good education. While at the same time the City is taxed some £6000 annually to maintain these our Public Schools free of charge to the pupils attending them, being open to all who may desire to avail themselves of the advantages thus provided for ^hem. Your Petitioners cannot, therefore, be indifferent to the danger and loss to which the inhabiUnts of this City in common with all others, are ex- posed by the extension of Separate Schools through Legislative immuni- ties and supprt. And they therefore most earnestly desire that your Honorable House, while sedulously guarding the rights of conscience and protecting every individual and denomination in the exercise of religi- ous convictions, should abolish all Legislative or public support for Sepa- rate Schools, and leave them as they shoiUd be left, to the entire and volun- tary support and control of those who desire them. For and on behalf of the Board of School Trustees, City of Toronto. (Signed,) J. G. BEARD. Toronto, 8th March, 1866. Chairman, In the course of the year 1858, the question of Sepa- rate Schools was again brought up on the memorial of the Lord Bishop of Toronto, and the Clergy and Churchwardens of the Anglican Churches of this City, applying to have the Parochial Schools in connection with the Church of England in this city, recognized and supported as City Schools. This application was made to the Board of Trustees in consequence of the Chief Superintendent, Dr. Ryerson, having given it as his opinion that the Legislature, in authorizing Boards of Trustees to determine what “ kind and de- scription of Schools should he established'^'^ within their jurisdiction, had left it in the power of the Ratepayers, through their representatives at the Trustee Board, to recognize and maintain if they thought proper, the de- nominational Schools in question. It is not necessary to publish the applications and accompanying documents, but it is certainly worthy of notice that if the Board of School Trustees for this City had the power to grant or to refuse establishing Church of England Separate Schools, it is difRcuIt to understand why the same power in regard to Roman Catholic Separate Schools should not also be vested in the same authority, instead of having been made the subject of special Legislation. The Board gave care- ful attention to this memorial, it was pointedly referred to the Committee on School Management for consideration, who reported upon it, and their report was adopted by the Board, in substance as follows, viz. : — ‘‘ Your Committee are of opinion that a memorial emanating from such a source is worthy of the most respectful considera- tion, But, referring to the fact that when this Board was elected this most important measure had not yet been proposed to the con- sideration of the Ratepayers — and that were the prayer of the memorial now granted it would be impossible to give practical ef- fect to the change during the current year — your Committee recommend that the receipt of the memorial be respectfully ac- knowledged, but that no decision thereon be now adopted ; And they further recommend that said memorial be submitted to the early consideration of the Board of next year, so that effect may be given to the opinion of the Chief Superintendent, who says, ‘ that the law leaves it entirely with the rate-paying electors to deter- mine (through their representatives), what hind and description of Schools they will have, and how they will support them/ ” COMPULSORY ATTENDANCE. The question of a compulsory attendance, on something like the same principle as that enforced in the New En-» gland States, would seem to be gradually finding favour in Canada, as regards Cities and Towns. The same Com- mittee, to whose able representations reference has al- ready been made, brought the matter under the notice of the Board of Trustees in 1857 in the following terms : G 90 ^ As there is a class of young persons, who in spite of parental authority and school discipline, are habitual absentees and truants, who are ever to be found on the public streets, corrupting others and being corrupted, fitting themselves for becoming inmates of our Jails and Penetentiaries, the Committee, looking at the im- mense benefits which have attended the enactment of Truant Laws in other places, cannot but think that a similar law, judiciously framed and wisely administered, would produce similar results in Toronto. They, therefore, recommend the Board to call the at- tention of Municipalities, and of Parliament to this matter. They would not encourage compulsory measures while there was any hope from moral suasion ; but experience has amply shown that in the case of those referred to, nothing hut the arm of the Law can save them, and protect society from the evils of ignorance, and its crime.” The opinions thus expressed by the Committee were adopted by the Board, but no further action on the matter was taken. The present seems an opportune time for pressing the question on the serious attention of the Legis- lature ; and the following explanation of the effect of the Truant Law, as at work in Massachusetts and elsewhere, may assist in directing legislation in a right direction. This Act, which is enforced with the best results in many of the Cities and Towns in the New England States, embodies the following principal considerations viz. : — ‘‘ The territorial limits of the City are divided into suitable dis- tricts, and a ‘Truant OflScer,’ so called, is appointed for each dis- trict. He is required to spend his whole time during school-bours in traversing streets, lanes, alleys and other j^aces, in search of absentees from school. These are of several different classes^ One class is composed of the children whose parents have recently moved into the City, and who being more or less indifferent to the education of their children, have neglected to find places for them at school. Whenever the Truant OflScer finds any of these chil- dren idle in the streets of his district, he makes such inquiries of them as may be necessary to ascertain their condition. If he deems it expedient he accompanies them to their places of residence, and f 91 by conversing with their parents in kind and respectful terms^ he generally succeeds in pursuading them to send their children to school, without any show of his authority, which should always be kept out of sight until other means have failed, and then be exer- cised as a last resort. Another class of absentees stay away from school for want of shoes, or such clothes as will enable them to make a decent appear- ance among the pupils at school. By patient efforts, on the part of the Truant Officer he can generally obtain from various sources such new or second-hand articles of wearing apparel as will keep this class of pupils respectably clad, and thus enable them to con- tinue in school. A third class of absentees is composed of children whose pa- rents are so unfortunate, or idle, or vicious, as to require them to stay away from school for the purpose of gathering fragments of fuel and food for the family at home. The officer can do much in his district to diminish the number of this class of absentees, but in cases of extreme poverty the absence cannot be prevented, for ne cessity knows no law. The fourth and last class embraces the idle and dissolute run- aways from school, who not unfrequently absent themselves against the wishes and commands of their parents. Even such children the officer tries to win back to habits of attendance and good con- duct, and is often successful. But when other means fail, he com- plains of the offender, who is arraigned according to law, and if found guilty is sentenced to some reformatory institution for a period varying from one to two years, where he will be instructed in the common school studies, and also taught to labour at some trade. In some cases the child is sentenced to the State Reform School during his minority, not so much to punish him as to save him from apparent ruin, and to give him an opportunity of growing up under good influence, and of becoming u good member of society.” Whether the enactment of such a Law as this could be possible in Canada is, of course, a question that Parlia- ment must determine — and whether, if enacted, its pro- visions could be carried into practical effect is another question of soraewht difficult solution — but, nevertheless, I 92 the experiment assuredly ought to be tried, at least to some extent, for it seems to be pretty clear that a voluntary attendance falls short of accomplishing the requirements of the Free School principle. OFFICERS OF THE BOARD. Under the provisions of the School Act, the Board of Trustees are empowered to appoint a Local Superintend- ent and a Secretary. As already mentioned, the two offices were united in one person (Mr. G. A. Barber) except in 1852-53, when Mr. J. B. Boyle was Superin- tendent and Visitorial Teacher. In 1858, the offices were again separated, the Revd. James Porter having as- sumed the duties of Local Superintendent on the 1st July, Mr. Barber remaining as Secretary. The salary attached to the respective situations, is, for the Superin- tendent, $1200 per annum, and for the Secretary 8600 per annum, with office accommodation for both parties. The duties of the Local Superintendent are thus de- fined, as relating to cities and towns, by the school Act, viz : ‘‘ To visit the schools according to the regulations adopted by the Board of Trustees,”— and, “ at the time of each such visit to examine into the state and condi- tion of the school, as respects the progress of the pupils ; the order and discipline observed in the school ; the sys- tem of instruction pursued; the mode of keeping the school registers ; the average attendance of pupils ; and the character and condition of the building and premises.” Also, To deliver in each school section, at least once a year, a public lecture on some subject connected with the objects, principles, and means of practical education.” Also, “ To do all in his power to persuade and animate Parents, Trustees, and Teachers to improve the cha- racter and efficiency of the Common Schools, and secure the universal and sound education of the young.” Also, 93 “ To see that all the schools are managed and conducted according to law.” Also, “ To attend the meetings of the County Board of Public Instruction.” And also. “ To prepare and transmit to the Chief Superintendent, on or before the 1st March, an Annual Report, comprising all the particulars relating to the schools under his superin- tendence.” In addition, however, to the duties so im- posed upon this officer by express statute, the Board of Trustees are empowered to determine what other duties shall be performed by the Local Superintendent —and at the time the two offices were about to be separated, in 1858, the Board of Trustees for this city established the following principles, as defining what was further required by the Board from the Local Superintendent, under the new arrangement about to take effect, viz : “ The duties of the Superintendent (as such) are chiefly, if not solely, connected with the business of teaching. The Board may fairly expect from that officer practical guidance on questions of general school policy, such as attendance of pupils ; organization of classes ; the subjects to be taught, and their distribution j rewards and punishment ; the selection and dismissal of teachers, and other matters of the like character. But beyond this, it will be espe- cially the duty of the Local Superintendent to give detailed prac- tical effect within the schools, to the policy adopted, aad the directions issued by the Board — to visit the schools continuously ; to test the progress made in them by the pupils, and thereby to test the qualifications and fitness of the teachers ; to stimulate both to energy ; to promote punctuality and order in the services ; to en- sure full discipline of government; and correct without delay whatever may appear to merit condemnation, or to be possible of improvement.” And subsequently the Board adopted the following resolutions, as more particularly defining the duties of the Local Superintendent and the Secretary, respectively. viz : 94 OF THE SUPERINTENDENT. '‘To attend all meetings of the Board, and of the Standing Committees on School Management, as well as any other Com- mittee to which he may be summoned. '• To take charge of the government of the schools, and to direct and control the business of teaching. " To visit the schools continuously, and administer their govem- mens in every practical detail, instituting and enforcing such regu- lations as may ba necessary to their efficiency. To have regard to the heating, ventilation, and cleanliness of the school buildings ; to control the supply of school necessaries and requisites, issuing requisitions to the [Secretary for the pur- chase and supply thereof. “ To require from the Head Teacher, and to make also him- self, monthly returns of the attendance of teachers and pupils, and such other matters as may be desirable for record. “ To make an Annual Report and submit the same to the Board at such time as the Board may appoint, in each year, recording the position of the schools in regard to statistics, cost, system of teaching, examinations, and such other matters as may be usefully discussed and recorded. “ And generally to give effect to the directions of the Board and Standing Committees, and assist them in promoting the estab- lished system of the schools to the most fruitful result of which it is capable.” OF THE SECRETARY. To give such attendance at an office provided by the Board as may suffice for the transactions of the duties appertaining to his appointment. “ To attend all meetings of the Board, and of the several Standing Committees ; and to take and record minutes of the pro- ceedings of such meetings. « To conduct all correspondence not specially within the depart- ment, or arising directly out of the duties of the Local Superin- tendent. « To receive and submit all documents for the Board, or the Standing Committees ; to take charge of all reports, correspond- 95 ence, applications for office, accounts, and other documents, and to hie the same. To make returns of all salaries ; to make out all orders for payment ; and to keep full accounts of all expenditure. “ To promulgate all orders of the Board, and of the Committees, and generally to act under the authority of the Board and its Chairman, and of the Committees and their Chairmen ; and, so far as relates to the routine of his department, in concurrence with the Local Superintendent.” Mr. Barber’s connectio.i with the City Schools, as Local Superintendent, having ceased on the 30th June, 1858, at which date the Rev. Mr. Porter assumed the charge of the School, it is only due to Mr. Barber’s long services, to put upon public record the condition of the City Schools at the time that gentleman resigned the charge of them into the hands of his successor, as af- firmed by Mr. Porter himself in the following report To the Trustees oj the Public Schools of the City of Toronto : Report, by the Superintendent elect, on the general aspect of the City Schools, being the result of observations during a succes- sion of introductory visits made during the month of June. “ The undersigned could not be otherwise than highly gratified with the general appearance and convenience of the several School UouseSy which leave so little to be desired or imagined. “ The arrangement of the pupils in the several schools into three divisions, viz. : primary, intermediate, and senior, is, in the opinion of the undersigned, the most judicious that can be adopted. The matter of instruction in the City Schools appears to be well adapted as the means of educating the minds of the pupils, to the extent which the general duration of their attendance at the school allows them to attain. The method of instructiony which no mere professional train- ing can, or should, render perfectly uniform, while, for the most part, obviously respectable and efficient, is, in not a few instances, exceedingly good, and decidedly superior. It would be invidious to mention, as the undersigned feels that he might, particular 96 teachers, whose work is their best praise ; and, in observing whom, admiration of the individual altogether excludes the insignificant question, “ where did this teacher acquire his, or her, self-evident skill ? ’ The truth perhaps is, that a teacher, emphatically wortlw of the name, is, like a poet, « born, not made.'^ “ The discipline of the schools affords, in the judgment of the undersigned, but slight occasion for other than commendatory remarks. There is about some individuals a moral power which, whether they have to deal with mere animals, with children, or with men, is felt as a wholesome, though not a galling restraint. Some again, have not the faculty of government, and however well informed, or in some respects apt to teach, require the countenance and the co-operation of others for the maintenance of order, and the enforcement of needful regulations. « The undersigned cannot conclude this brief and necessarily but general report, without expressing his deep and very pleasant sense of the extreme courtesy and kindness of the retiring Super- intendent, Mr. Barber, who has afforded him every possible facility for acquainting himself with whatever relates to the City Public School— schools which, it is but bare justice to affirm, provide for the people of this flourishing city all needful means and oppor- tunities for the intellectual and moral education and discipline of t leir children, in order to tlieir becoming useful and ornamental members of society. Nor could such a state of things have been brought about, but as the result of long-continued, liberal, and enlightened agencies, of no ordinary kind ; among which it surely ecomes the undersigned to specify the ripe experience, natural and acquired ability, precision, despatch, and, above all, the fervent enthusiasm, of the retiring Superintendent, Mr. Barber. From that gentleman the undersigned receives the charee of the Public Schools of this City, influenced, he trusts, by the earnest desire and purpose that, so far as be can possibly prevent it, they shall take no harm. “ Respectfully submitted. (Signed,) « JAMES PORTER, “Local Superintendent. “ Toronto, 1st July, 1858.” 97 EVENING SCHOOLS. The first movement in favour of an Evening School in this City — lor the benefit of those young men who, being occupied in industrial pursuits all day, could only study after working hours were over — the same to be estab- lished and maintained as an integral part of the Com- mon School System of this City, was initiated in October, 1855. This early experiment was tried during ihe six winter months forming the Session of 1855-66, name- ly, from the middle of October, 1855, to the middle of April, 1856. At the outset the attendance was very numerous, not less than 260 young men, varying in age from fifteen to one-and-twenty, having entered their names as pupils, in October: but it soon appeared that quite half of these were actuated more by curiosity than any desire for mental improvement — for the average atten- dance for the following month of November was only 91, and during the rest of the year it averaged 56, except in April, when it became reduced to 26. Not discouraged, however, by this partial want of suc- cess in their benevolent attempts to improve the social con- dition of the labouring classes by means of instruction, the Board decided to renew the experiment ; the Evening School was reorganized, and again put into actual oper- ation for the Winter Session of 1856-’57 — and this time with much better success ; for the average attendance for October, November, and December, was somewhat more than one hundred, that for January, February and March, was as much as 75, while that even for April reached 50. Considering these results as fully justifying the# con- tinuance of Evening School instruction as now a settled fact, the Session of 1857-58, was entered upon in a hopeful spirit ; and the studies commenced in October, 1857, with an average attendance of not less than 157. — For the months of October, November and December, the 98 average attendance was 130, that for January 101, for February 74, and March 45, in which month the Evening School closed for the Session. The average attendance for the Session of ’65-’56 was 61 — that for ’56-’57 was 86 — and that for 1857-’58 was 105. The Teachers during the first Session were Messrs. Mulligan, Thompson, (Head Master John street School,) and Lewis, (Head Master George street School) — ^for the second Session Messrs. Thompson and Irving, (Assistant Master Louisa street School) — and for the third Messrs. Thompson, Lewis, and Hunter (Head Master Louisa street School.) For the winter portion of the fourth Session 1858, 1859, the attendance w£ls as follows, viz. ; BEaiSTBBED. DAILY AVEHAOB. October 109 76 November.. . . December. . . . And the Teachers for this Session were Messrs. Thomp- son and James Anderson (Assistant Master of Phoebe street School.) The mode of instruction in the Evening School was necessarily individual ; for, owing to the imperfect edu- cation of most of the pupils, it was found to be hardly pos- sible to establish any mode of classification that would work well as regards the greater number of them. The studies pursued embraced regular instruction in reading and spelling, writing, dictation, geography (chiefly from the large maps,) so much of natural philosophy as treats of the mechanical powers, English Grammar as far as syntactical parsing, and Arithmetic as far as vulgar and decimal fractions. But besides these ordinary branches of useful education, 32 pupils (in 1858) received instruc- tion in book-keeping both by single and double entry ; 32 were taught mensuration of surfaces ; 14 learnt Al- gebra as far as Equations ; and 23 studied Geometry as far as the Second Book of Euclid. 99 The expense of maintaining the Evening Schools, for 1858, was altogether $465 32 ; namely — Salaries : 3 Teachers, Session January to March inclusive, $240 ; and 2 Teachers, Ses- sion from Oct. to Dec. inclusive, $125 $365 00 Allowance to the Care-taker for extra services in attending the School 30 00 Gas, for two quarters 60 32 Pens, ink, and miscellaneous expenses 10 00 $465 32 This would show the cost per pupil to have been, in round numbers, $4, on the basis of an “ average attend- ance” of 121, and $6 on the basis of a “daily average” of 76. But the cost of rent and fuel are not included in this calculation ; because, as the Evening School was carried on in the same rooms of the Victoria Street Building as ts ere used for the Day School, the expense of rent and fuel stands charged in the General School and therefore is not worth separating. SCHOOL VISITORS. Under the provisions of the School Act, (section 33 of 13 and 14 Viet. chap. 48) “all Clergymen recognized by law of whatever denomination, Judges, Members of the Legislature, Magistrates, Members of County Councils, and Aldermen,” are expressly appointed to be School Visitors, And section 34 enacts that such visitors should, so far as practicable, visit all the Common or Public Schools in their respective localities, and especially to attend the school examinations ; to enquire on such occa- sions into the progress of the pupils and the state and management of the school ; and to give such advice to the teachers and pupils, and all others present, as they may deem advisable, and thereby promote the good of the schools, and the diffusion of useful knowledge. But it is to be sincerely regretted that the advantages expected to be derived from the introduction of this ele- ment into our school system, have been but very partially realized ; for, except at the semi-annual examinations, when it has been customary for the teacher to invite Clergymen, Magistrates, and other influential persons to attend the same, a visit from them on any other occasion, is seldom or ever made to the schools. And it is further to be regretted that the parents of the children also take but little interest in the matter, for the records of the schools show, that unless on examination days the visits of pa- rents are “ few and far between.” The same Committee (whose views upon school attendance have been quoted elsewhere), in view of this deficiency, ‘‘express a hope that Clergymen of the different religious denominations, Judges, Magistrates, and persons occupying positions of influence in the community, would recognize and give effect to the visitorial privileges conferred upon them by the Legislature and “ that parents generally, who are the parties most directly interested in the schools, would give more encouragement than they have done to the exertions of the Board of Trustees, to extend the blessings of a sound practical education to the children of the city, and by visiting the schools, countenancing the teacher, and encouraging the pupils, stimulate popular education, and thus be the assisting means of securing a larger and more regular attendance.” SCHOOL LIBRARIES. The Board of Trustees anxious to excite as large an interest as possible among the community at large in re- gard to the City Schools ; and desirous to afford to the pupils attending the Schools every reasonable inducement 101 to appreciate the advantages to be derived from them, decided in 1857 to appropriate a sum of money for the purpose of establishing a library or libraries in each of the six large schools— the books to be lent to the pupils, under proper regulations, to be read at home. The in- struction given in our Schools taught children to read, but in order to render the mere abstract power to read, of some practical service in improving the mind and directing the feelings in a right direction, it became a necessity that suitable books, combining instruction with amusement should be provided, so that the knowing how to read might not be a useless acquirement, but made the means of teaching the young mind how to think and how to act. As it appeared that reading material could not very well be provided for the pupils by their parents, the Board felt called upon to interpose and supply what was required. Having conducted the youthful mind so far as how to read^ it was obvious that the Board was called upon to go a step further and place in the hands of our pupils, what they should read^ so as to make reading the key to knowledge and reflection. Under the regulations of the Educational Department, one hundred per cent, is added to whatever amount the Board might appropriate for this purpose, and thus by these means a large number of volumes could be purchased for a comparatively small outlay. The Board accordingly included in the School estimates for 1857 the sum of £250 on account of School Libraries, and of this amount £67 10s. was expended for 12 suitable Bookcases ; £17 10s. for material to cover and preserve the books; and £150 was remitted to the Educational Department, which amount therefore entitled the Board to £300 worth of Library Books. At first only £200 worth was selected, be- cause the supply of books, at that time in stock, was not extensive enough to enable a selection to be made for the whole amount. F or this sum of £200 about 1 600 volumes were obtained, and these were distributed to the six schools u 102 in a ratio as nearly as possible proportionate to the number of pupils. The libraries so formed were, in the first in- stance, common to both departments ; but this mode having been found inconvenient, and the expediency of having separate libraries for each department, and a different kind of books for the girls’ schools having been admitted, the Board, in 1858, granted a further sum of fifty pounds, equal to one hundred pounds in books, to complete the necessary arrangements. This addition made the whole value of the library books to be £400, namely, £200 disbursed in money and £200 added by the department. Each of the six schools has now two libraries, one for the boys’ and the other for the girls’ department. The whole number of volumes in the boys’ department is 1594, and in the girls’ department 1243, making a total of 2837 volumes. And for the purpose of more directly connecting the privileges of these libra- ries with regularity of attendance and good conduct, as well as to provide for the proper care of the books, the Board has established the following regulations, viz. : AS REGARDS THE LIBRARIES. 1. The principal teacher shall be responsible for the safety and preservation of all books provided for the library of his or her department. 2. It shall be the duty of the principal teacher of each depart- ment to keep a catalogue of the books in the libraries, and to open a registry of the books loaned. 3. No pupil who does not combine exact regularity and punctu- ality of attendance with good conduct, shall be allowed the privi- leges of the school libraiy ; and generally the deprivation of those privileges may be awarded, as a punishment, at the discretion of teachers. 4. The parent or guardian of any pupil shall be responsible for all loss or damage occurring to books whilst in his or her possession, and such loss or damage shall further be punished by deprivation of library privileges. 6. No books shall be issued on any pretence whatever, to any person not being either an officer of the Board of Trustees, or a teacher, or a pupil in the school to which the library is attached. 6. The principal teachers may periodically suggest to the Su- perintendent such books as in their opinion it may be expedient to add to the libraries. 7. The principal teachers may appoint the time, out of school hours, most convenient for issuing books to the pupils of their departments ; and, consistently with these instructions, may, gene- rally, manage the libraries at their discretion, under the sanction of the Superintendent. OPENING THE SCHOOLS WITH PRAYER. Towards the close of 1854, the Local Superintendent, Mr. Barber, reported to the Board on this subject as fol- lows, viz. : — ‘‘ I find that it has not been the practice to open and close the daily labours of our City Schools, either with prayer or by even reading a portion of the Scriptures. I feel some diffidence in approaching this subject ; but although our public schools are not denominational^ I hope it is not therefore desired that they should be considered irreligious. As regards secular instruction, the City Schools are common to all ; and in like manner, on the ground of our common Christianity^ might the children attending the schools begin the day by uniting, in a sim- ple prayer, asking God’s blessing on their studies ; and, at the close of the school, join in returning thanks to the Almighty, for his protection of them during the day.” In acting upon this report, the Board at first proposed to invite the Clergymen of the several Protestant denomina- tions to meet a Committee of the Board to discuss the subject; but as many of the members thought, owing to the diversity of sentiment likely to prevail among so many ministers, that no practical good would result from such a conference, the consideration of the question was refer- 10-i red to the Free Schools Committee. After some debate thereupon, the Board finally resolved that the City Schools should be opened in the morning, by reading selected passages from the historical portion of the Old Testament, together with the Lord’s Prayer ; and be closed in the afternoon, by reading portions of the Gospels and the Acts of the Apostles, together with the Lord’s Prayer. This recognition of the daily use of the Bible and of Prayer in the City Schools, has continued from that time (1854) to the present, and the practice of thus opening and closing the City Schools with Scripture Reading and Prayer, now forms one of the Standing Regulations. DEAF AND DUMB SCHOOLS. In the course of 1858, application was made to the Board by the Rev. Dr. McCaul, as Chairman of a public meeting held in the St. Lawrence Hall, for the establish- ment of a School for Deaf and Dumb children. Previously to this, however, the Board had granted to a Mr. McGann the use of one of the unoccupied rooms in the Phoebe Street School House, wherein to receive a class of Deaf and Dumb pupils. The communication from Dr. McCaul was attentively considered by the Board, and the conclu- sion arrived at was, that while the Board was fully sensi- ble of the importance and excellence of the object sought by the parties who constituted the public meeting referred to, yet the present Board could not recommend any im- mediate action in the matter, inasmuch as no provision had been made for such an expenditure in the School estimates for the year (1858) ; and, that if any such provision were expedient as regards 1859, the question properly belonged to the incoming Board, who would be best able to deal with it, when preparing the estimates for the year’s expenses. 105 PENALTY FOR DISTURBING A PUBLIC SCHOOL. The Legislature has taken especial care to protect the Common Schools of the Land from annoyance or moles- tation. Of so much consequence has it been thought, for the exercises of the schools to go on without interruption or disquiet, that in the Supplementary School Act of 1853, clause the 19lh, enacts : That if any persm shall wilfully disturb, interrupt, or disquiet any Common or other Pub- lic School, by rude or indecent behaviour ; or by making a noise either within the place where such school is kept or held, or so near as to disturb the order or exercises of such school, that person shall, on conviction before a Justice of the Peace, be fined a sum of money not exceed- ing Five Pounds ($20,) and in default of payment may be imprisoned for any time not exceeding thirty days !” And so stringent is the force of this protective legislation, that it has been decided that rude behaviour, or improper language, on the part of a parent to the Teacher, in the presence of the scholars, would bring the offending party within the penalty of the law. Vl! THE PRESENT CONDITION OF THE CITY SCHOOLS. Having submitted to the public, in the preceding pages, a comprehensive view of the past history of our City Schools, as well as a brief description of the principles on which they are established, and the system undetr which they are conducted, we now proceed to explain the actual condition of ,the Schools for the past year, 1858, as regards all the prominent matters relating to the same. In the first place, then, the following abstract of the general School attendance at all the Schools, for 1868, H !' j will exhibit the leading features most likely to interest the public. To have given these figures separately, and in detail, for each School, was hardly necessary; but in the subsequent statistical statements regarding each School separately, the registered and daily attendance are given for each division of every School, and this particular information, combined with the general Ab- stract, embodies all that is important : ABSTRACT OR SCHOOL ATTENDANCE FOR THE YEAR 1858. Compiled f rom the Statements embodied in this Report, and from the respective School Registers. The number of days the Schools were in actual operation, was 226. The number of Schools was 8 ; namely, 6 large central Schools, each having separate Male and Female Departments, with sub-divisions; and 2 smaller, or auxiliary, Schools, of mixed boys and girls. The number of Teachers forming the regular staff em- ployed in the Schools, for 1858, was 36 ; namely, 6 Head Masters, 2 Male Assistants, 4 Head Mistresses, 7 Senior Female Assistants, 6 Junior Female Assistants (Male Depart- ment), 7 Junior Female Assistants (Female Department), 3 Monitor Teachers, and 1 Occasional Teacher. The whole number of Scholars whose names were entered on the respective School Eegisters, from the 1st of January to the 31st of December, and who attended the Schools some time or other during the year 1858, amounted to 4,742; namely, boys 2,481, girls 2,261. Of these 4,742 scholars, 640 attended less than 20 days ; 867 attended between 20 and 50 days; 1,208 attended be- tween 50 and 100 days ; 819 attended between 100 and 150 days; 697 attended between 150 and 200 days; and 411 attended 200 days and upwards to 226, the whole number of school-days in the year. The total number of 4,742 scholars having been, to a greater or less extent, in attendance at the Schools during the year. it next appears that the average registered attendance {ix. the average number attending School, more or less, during each month) amounted to 2,622 ; namelv, boys 1,374, girls 1,248 : and that the average daily attendance {i,e, the numbers that were actually present each school-day during the year, added together and divided by the 226 school-days) amounted to 1,987 ; namely, boys 1,070, girls 917 : so that the average number of daily absences during the year was 635 ; namely, boys 301, girls 334 — equal in both cases to a per centage of about one-fourth of the whole number: but in addition to this, the average daily number of half-day absences during the year amounted to 142. The greatest attendance during the year, that is, the greatest number present in the Schools at any time during the year, was 2,444, namely, boys 1,320, girls 1,124 : and the least at- tendance, calculated on the same basis, was 683, caused by intensely cold, or extremely wet, weather. The late attendance cannot be stated in so reliable a shape as it ought to be, owing to the rule of “ late scholars ” having been differently construed in different Schools ; but as nearly as it can be ascertained, it amounted to a daily average of 308 late scholars. Of the average registered attendance per month, namely, 2,622, the junior classes numbered 1,130, namely, boys 569, girls, 561 : the second, or intermediate classes, 804, namely, boys 421, girls 383: and the third, or senior classes, 688, namely, boys 401, girls 287, Taking the whole expenses of the Schools, for the year 1858, in round numbers, at $25,000, the cost of educating each child, on the basis of “ average registered attendance,” w^as $9 60 ; and on the basis of ** daily average,” was $12 58. Toronto, January, 1859. For the sake of comparison, the reader is referred to the Abstract, compiled on the same principles and of the • same nature, for 1857, in the Appendix, No. 2. SCHOOL STATISTICS, 1858. For the purpose of enabling the public to know thoroughly all that relates to the internal management of the City Schools, the accompanying Statistical Returns, which exhibit in detail the teachers’ names, &c., the number of scholars, and the studies pursued, have been compiled from the School Registers, namely : THE WESTERN AUXILIARY SCHOOL. WARD OF ST. PATRICK. Teacher, Mrs. O’Flaherty— date of original appointment, 1855.— Certificate, First Class A, County Board- salary $320. Average registered attendance, 1858 (mixed boys and girls) Average daily attendance In reading and spelling, 14 pupils were in the elemen- tary class, as far as the 1st Book ; 29 in the 2nd ; 25 in the 3rd ; 10 in the 4th ; and 6 in the 5th Book. In Grammar 22 were as far as Etymology, and 21 in Syntax. In Arithmetic 25 were in the simple rules, and 21 as far as Practice and Interest. In Writing, 20 were in large hand and 22 in small hand ; and the whole 42 w^ere taught the Geography of the World, of North America, of Canada, and of Europe, from the large maps. TRINITY STREET SCHOOL. WARD OF ST. LAWRENCE. Teacher, Mrs. Henderson — original appointment 1851; County Board Certificate, First Class A— also trained at the Edinburgh Normal School— salary $320 per annum. THE PARK SCHOOL. WARD OF ST. DAVID. Male Department^ 2 Divisions, 3 Teachers. 2nd or Senior Division. — Head-master, Mr. William Anderson. — Certificate C. B., 1st Class A. — Original appointment, 1857. — Salary $700. Average registered attendance, 1858 67 Average daily attendance, “ 53 In reading and spelling 30 were in the 3rd book ; 24 in the fourth, and l3 in the 5th book. In writing, 27 were in large hand, and 40 wrote small hand from copy lines, Monitor Teacher, Miss Elizabeth Agnew — original ap- pointment, 1858. — Provincial Normal School certificate (1856), second class C (491) — salary $170. Average registered attendance for 1858 (mixed boys and girls) 137 Average daily attendance 91 Of the whole number in reading and spelling (137), 20 pupils were in the alphabet, 10 in words, and 15 in easy sentences; 15 in the 1st Book, 30 in the 2nd, 20 in the Sequel, and 27 in the 3rd Book. In writing 20 wrote letters on the slate, 22 wrote words in large text, and 22 small hand, on paper. In Arithmetic 75 learnt Tables, and 42 the simple rules from the Calculator and Black Board ; 10 were in the Compound Rules, and 2 in Proportion. In English Grammar 17 were in the definitions, 12 in Etymology, and 14 in Syntax and parsing simple sentences ; in Geo- graphy 75 studied the map of the world, and 62 the maps of Europe, America, and Canada, 35 learned the Ele- ments of English History, 30 wrote words and short sen- tences from dictation — and all were orally taught from the object lessons. 110 and transcribed from books. In Arithmetic, 20 were in the compound rules, 11 in Reduction, 12 in Proportion, and 24 in the higher rules. In Grammar, 30 were in Etymology, 20 in Syntax, and 17 parsed .‘enlences. In Geography the whole 67 studied the maps of Europe, Asia, America, and Canada. The whole 67 learnt the elements of English History. In Mathematics, 7 were in Algebra as far as Equations, 4 in the 1st book, 2 in the 2nd, 3 in the 3rd, and 4 in the 4th book of Euclid. 1st or Junior Division. — Female Assistant Teacher, Miss Julia Robinson (Class Room.) — Original Appoint- ment, 1854. — Certificate P, N. S. (1854), First Class (154). — Salary, $280. Female Monitor Teacher, Miss Jemima Armstrong (Gallery). — Original Appointment, 1858. — Certificate P. N. S. (1857), Second Class C, (669).— Salary $170. Average registered attendance, 1858 121 Average daily attendance, 91 In reading and spelling, 25 were in the alphabet and words, 20 in sentences, 32 in the first, 30 in the second, and 14 in the third book. 30 wrote letters and words in large hand on the slate and paper ; 30 learned Arithmetic, from tables to Simple Division ; 30 were taught Geogra- phy from the map of the world, and occasional lessons were given to all from Object Lessons. N.B. — Miss Robinson and Miss Armstrong teach alternately the higher and lower class of the Junior Division. Female Departmenty 2 DivisionSy 2 Teachers. 2nd or Senior Division. — Senior Assistant (acting as Head Mistress) in charge. Miss M. A. Cuyler. — Original Appointment, 1857. — Certificate C. B., First Class.— Salary $320. Average registered attendance, 1858 66 Average daily attendance •••••••« 46 Ill VICTORIA STREET SCHOOL. WARD OF ST. JAMES. Male Department, 3 Divisions, 3 Teachers. 3rd or Senior Division. — Head-master, Mr. William Spolton. — Original Appointment, 1856. — Certificate C. B., First Class A. — Salary, $700. Average registered attendance, 1858 69 Average daily attendance, ‘‘ In reading and spelling, 35 were in the third, 20 in the fourth, and 14 in the fifih book. All wrote large and small hand, and transcribed on paper select passages from 1st or Junior Division (Gallery.) — Junior Assistant, Miss Susan Hamilton. — Original Appointment, 1858 — Cer- tificate P. N. S. (1856), Second Class, A (399). — Salary $240. Average registered attendance, 1858 80 Average daily attendance “ 60 In reading and spelling, 30 learned the alphabet, words, and sentences from tablet lessons ; 20 were in the first, 20 in tlie second, and 10 in the sequel book. All learned Arithmetic as far as Tables, Addition, and Subtraction, from the Calculator or Black Board ; and all learned the Geography of the World from the large maps. In reading and spelling, 30 were in the third, 19 in the fourth, and 17 in the fifth book; 30 wrote large hand, and 36 small hand. In Arithmetic, 33 were in the simple rules, 9 in compound rules, 5 in reduction, 7 in Propor- tion, and 12 beyond Proportion. In English Grammar, 21 were in Etymology, 13 in Syntax, and 32 in syntactical parsing. All learned Geography from the maps of Europej Asia, America, and Canada. 32 studied the elements of English History, and all learned needle work. 112 books. In Arithmetic, 25 were in compound rules, 14 in Reduction, and 30 in Proportion. All learned Geogra- phy from the maps of Europe, Asia, America, and Canada, and from Sullivan’s Geography. In English Grammar, 51 were in Etymology, and 18 in Syntax. 5 learned English History, 5 Book-keeping, 3 Algebra, and 6 Euclid. 2nd or Intermediate Division. — Female Assistant, Miss Elizabeth Kennedy.— Orriginal Appointment, 1855. — Certificate P. N. S., (1855) Second Class (340). — Salary, 8280. Average registered attendance, 1858 Average daily attendance .58 111 reading and spelling, 26 were in the second, and 50 in the third book. 66 wrote large and 20 small hand oil paper. In Arithmetic, 66 were in the simple, and 10 in the compound rules. In Geography, 30 learned the definitions and 46 studied the maps of the World, Europe, America, and Canada. 25 learned English Grammar as far as Etymology. 25 the elements of English History, and all were instructed from Object Lessons. 1st or Junior Division (Gallery.) — Female Assistant, Miss Charlotte M. Churchill. — Original Appointment, 1857, Certificate P. N. S. (1856), First Class B (364.) — Salary, 8240. Average registered attendance, 1858 98 Average daily attendance, “ 76 In reading and spelling, 58 were taught the alphabet, words and sentences, in the first book, from tablet lessons, and 40 were in the second book. 15 wrote letters and words on the slate. 40 learned tables and Simple Addi- tion and Subtraction. All were taught Geography from the map of the world, and all were taught from the Object Lessons. 113 Female Department^ 2 Divisions^ 2 Teachers. 2nd or Senior Division. — Head-mistress, Miss Georgiana Round. — Original Appointment, 1856.— Certificate C. B., First Class A, (and trained in London T- S., Eng- land.) — Salary, $400. Average registered attendance, 1858 70 Average daily attendance, “ 56 In reading and spelling, 30 were in the third, 25 in (he fourth, and 15 in the fifth book. 20 wrote large, and 50 small hand. In Arithmetic, 14 were in the simple, 25 in the compound rules, 16 in Reduction, and 15 in Practice and Interest. In Geography, 30 were taught from the maps of Europe, Asia, America, and Canada* and 40 used Sullivan’s Geography. In English Gram- mar, 15 were in Etymology, and 16 in Syntax. 40 studied the elements of English and Canadian History. 40 prac- tised linear drawing ; all learned needle-work, and all practised vocal music. Ui or Junior Division. — Junior Assistant, Miss Margaret Wilkes. — Original Appointment, 1857. — Certificate P. N. S., (1857) Second Class A (568).— Salary $240- Average registered attendance, 1858 112 Average daily attendance, ‘‘ . . ^ . 81 In reading and spelling, 58 learned the alphabet^ words, and sentences in the first book from tablet lessons, 33 were in the second, and 21 in the third book. 54 wrote letters and words on the slate. 62 learned tables and the first three simple rules in Arithmetic from the Calculator and Black Board. All received simultaneous instruction in Geography from the map of the world, and all were taught orally from Object Lessons. 114 LOUISA STREET SCHOOL. WARD OF SAINT JOHN, Male Department^ 3 Divisions^ 3 Teachers, 3rd or Senior Division. — Head-master, Mr. William Hun- ter. — Original Appointment, 1852. — Certificate C. B., First Class A. — Salary ^700. Average registered attendance, 1858 Average daily attendance, ‘‘ 56 41 In Reading and Spelling, 34 were in the fourth, and 22 in the fifth book and Sullivan's Class Book. All wrote large and small hand and transcribed from books. In Arithmetic, 37 were in compound rules, i2 in Proportion, Interest, and Fractions, and 7 in Extraction of Roots, &c. ; 8 studied Mensuration of Surfaces as far as Triangles ; 3 were in the simple rules of Algebra, and 6 in Equa- tions ; 4 were in the first, and 2 in the second Book of Euclid. In English Grammar, 36 studied the Definitions, Etymology and Syntax, and 22 analysed and parsec^ sen- tences in the class book. All learned General History from the fourth and fifth books, and the elements of English and Canadian History. 34 learned Geography from the maps of Europe, Asia, America, and Canada, and 22 used Sullivan’s Geography. All were taught so much of Natural Philosophy as relates to the mechanical powers from Johnston’s maps. All practised linear and object drawing on the slate and on paper, and all prac- tised vocal music. Second or Intermediate Division. — Male Assistant, Mr. John Irving. — Original Appointment, 1856. — Certificate C. B., Second Class. — Salary $520. Average Registered attendance, 1858 94 Average daily attendance, 83 In reading and spelling, the whole number read in the third book ; 63 wrote large and 31 small hand. In Arilh- metic, 48 were in the simple, and 46 in the compound rules and Reduction. In Geography, 44 studied the rnaps of the world and of Canada, and 50 learnt the definitions and other knowledge from Sullivan’s Geography. In English Grammar, 41 learnt the parts of speech, and 53 Etymology. 32 wrote dictation- of simple sentences on the slate ; 84 drew on the slate and 10 on paper. All were taught from object lessons, and all practised vocal music. 1st or Junior Division (Gallery). — Female Assistant, Mrs. Elizabeth Mitchell.— Original Appointment, 1855.— Certificate C. B., Second Class, (trained in England in the Infant School System, by Wilderspin.)— Salary $320. Average registered attendance, 1858 112 Average daily attendance, “ 97^ In reading and spelling, 26 learned the alphabet and words, and 15 sentences in the first book, 46 read to the middle of the second book, and 25 all through the same. In Arithmetic, 51 learnt numeration and the multiplica- tion table, 46 simple Addition and Subtraction, and 25 simple Multiplication and Division ; 25 wrote on the slate ; 71 learnt the Geography of the World and of Ca- nada, from large maps, and all were taught orally from object lessons. Fctticile DspaTltncnt^ 3 Divisions^ 3 Teuchcrs, 3rd or Senior Division.— Head-mistress, Miss S. B. Quinn. —Original Appointment, 1855.— Certificate, P. N. S., (1854.)— First Class, (232)— Salary, $400. Average registered attendance, 1858 53 Average daily attendance, . . . • • • 44 In reading and spelling 29 were in the fourth, and 24 in the fifth book, and Sullivan’s Class Book. All wrote large and small hand, and transcribed passages, m prose 116 and verse, from select authors. In Arithmetic, 8 were in compound rules, 10 in Proportion, 11 in Fractions, 24 in Interest, and 6 learnt Algebra. The whole 53 were taught syntactical and analytical parsing of sentences from the class book. 29 learnt the Geography of the world from large map,* and 24 were exercised on the Maps of Europe, Great Britain, America, Canada, and the States ; 29 studied Edward’s Elements of English History, and 24 English History from notes ; and 24 learnt Natural Philosophy from Parker’s First Lessons. All were practised in Dictation. 37 practised linear drawing on the slate, and 16 linear and object drawing on paper. All learnt needle- work, and all were practised in vocal music. 2nd or Intermediate Division. — Senior Assistant, Miss Mary A. Kennedy. — Original Appointment, 1853. — Certificate, C. B., First Class, (but attended N. School for U. C., 1850, 51.) — Salary $320. Average registered attendance, 1868 93 Average daily attendance, ...... 74 The whole 93 learnt reading and spelling from the third book, 48 wrote large text, and 45 small hand copies. 40 learnt Numeration, Addition, and Tables, 37 Simple Sub- traction, Multiplication and Division. 73 studied the definitions in English Grammar, the same number General History from notes, 61 the definitions of Geography, and 32 were exercised on the maps of the World, Europe, and America, 73 drew on the slate, all leamt needle-work, all were taught from object lessons, and all were prac- tised in vocal music. 1st or Junior Division (Gallery.)— Junior Assistant, Miss Mary Henderson.— Original Appointment, 1856.— Cer- tificate, Second Class, C. B.— Salary, $240. Average registered attendance, 1858 143 Average daily attendance, « 106 117 In reading and spelling, 23 were in the Alphabet, 27 in Words, and 9 Sentences from tablet lessons, 42 com- menced the second book, 48 had gone as far as the middle of it, and 24 were in the sequel. Nearly all learnt to form letters on the slate, 60 leaml Tables and Addition, 40 Subtraction and Multiplication, and 43 Multiplication and Division. 42 commenced needle-work ; all were taught from object lessons ; all commenced to draw on the slate ; and all were practised in vocal music. JOHN STREET SCHOOL. WARD OF ST. GEOROB. Male Department, 2 Divisions, 2 Teachers. 3rd or Senior Division. — Head-master, Mr. John Thomp- son. — Original Appointment, 1852. — Certificate, C. B., First Class A (trained at Leeds T. S , England.)— Salary, $700. Average registered attendance, 1868 75 Average daily attendance, .»•••• 66 In reading and spelling, 36 were in the fourth and 40 in the fifth book. In English Grammar, 20 were in con- jugation of Verbs, 30 in Etymology and parsing, and 25 in Syntax and Analytical parsing. 10 wrote large and 35 small hand from copies, and 30 transcribed passages from books. In Arithmetic, 40 learnt Reduction, Propor- tion, Practice and Interest, 35 Fractions and Roots, 14 Mensuration of surfaces and solids, 11 Algebra to Equa- tions, and 13 the first four books of Euclid. The Geo- graphy of Europe, Asia, America, Canada, and Great Britain taught to all from the large maps and by lecture. All learnt Natural History in the same manner from ob- ject lessons, and Natural Philosophy from Johnston’s sheets. 35 drew on the slate, 20 linear on paper, 20 ob- jects on paper, and all practised vocal music. 118 8nd or Intermediate Division. — Female Assistant, Miss M. A. Perris. — Original Appointment, 1857. — Certifi- cate, Second Class, C. B. (trained at Homerton T. S., England.) — Salary $280. Average registered attendance, 1858 Average daily attendance, “ 47 73 In reading and spelling, 15 were in the second book, 9 in the sequel, and 23 in the third book. 20 wrote letters, 12 words in large text. 37 learned the first four simple rules of Arithmetic, and 25 the compound rules. In English Grammar 20 learnt the parts of Speech, and 20 conjugation of Verbs. Geography of the World, and America to the whole fro m large maps. Natural History from the object lessons ; and vocal music, were taught to the whole number Juvenile Division (Boys and Girls.) — Female Assistant, Miss Jane Mowatt.— Original Appointment, 1855,— Certificate, Second Class (257), P. N. S,, 1854 Salary $ 280 . Average registered attendance, 1858 84 Average daily attendance, “ 62 Of these, 20 were in the alphabet, 32 in the first book, and 32 in the second book. All learnt Tables and Sim- ple Addition and Subtraction ; all were saught the Geo- graphy of the World, from maps ; and Natural History, from object lessons. N.B.— For the first three months of 1858, the Male Department was ar- ranged in tliree Divisions, viz. : First or Junior, Miss Ferris ; Second or intermediate, Mr. T. Baxter ; and the Third or Senior, Mr. Thompson, but for the remainder of the year, the arrangement os above stated was in operation. Female Department, 1 Division, 1 Teacher. Senior Assistant in charge. Miss Fanny Gordon, Original Appointment, 1857,— Certificate, First Class, A (361), P. N. S., 1856. — Salary $320. 119 Avetage registered attendance, 1858. .•••«. 63 Average daily attendance, 53 Of the 63, 18 read and spelt in the sequel, 20 in the third, 17 in the fourth, and 13 in the fifih book ; 12 wrote on the slate, 20 words in large text, 26 small-hand from copies, and 20 transcribed from books. In English Grammar 33 learnt the definitions and simple parsing, and 17 Syntax and analytical parsing. In Arithmetic 38 were in the simple rules, 20 compound rules, 10 in Pro- portion and Fractions ; 30 wrote from dictation ; 38 drew on the slate, and 25 on paper. General History was taught to the whole number by oral instruction from the fifth book. All learnt the Geography of the World, Ame- rica, Europe, and Canada, from the large maps. All learnt Natural History from object lessons ; and all prac- tised needle work and vocal music. PHCEBE STREET SCHOOL. WARD OF ST. PATRICK. Male Department y 3 Divisions y 3 Teachers* Third or Senior Division. — Head Master, Mr. Samuel Coyne. — Original appointment, 1850. — Certificate, C.B., First Class A. — Salary $700. Average registered attendance, 1858. . . . • . .67 Average daily attendance “ 58 In reading and spelling 22 were in the third, 27 in the fourth, 18 in the fifth book and Sullivan’s Class Book. All wrote large and small hand alternately from copies. All wrote |)assages dictated from books, and commenced the elements of English composition. In Arithmetic, 10 were in simple, 9 in compound rules^ 6 in Redaction, 11 in Proportion, 10 in Practice, 10 in Interest, 5 in Frac- tions and Roots ; 6 learnt Book-keeping, 5 Algebra to Equations, 2 learned Mensuration of surfaces, and 4 the first and second books of Euclid. In English Grammar, 24 learnt Etymology and parsing, and 43 Syntax and parsing. All learned the Geography of Europe, Great Britain, America, and Canada, from the large maps, the fifth reading book, and Morse’s Geography. 24 learnt Edwards’ Summary of English History, as far as Henry IV., and 43 as far as William III. 18 learnt Natural Phi- losophy from Johnston’s sheets, and 16 the elements of Phonography. Second or Intermediate Division — Male Assistant, Mr. James Anderson.— Original appointment, 1858.— Cer tificate, County Board, First Class A (also trained at Edinburgh T. S., Scotland.)— Salary $620. Average registered attendance, 1858 5l Average daily attendance, ‘‘ 38 In reading and spelling, 33 were in the second and 18 in the Third Book — 10 wrote small words, 30 large text, and 1 1 small hand — in Arithmetic 36 were in the simple rules as far as multiplication, and 15 in the compound rules — all were taught the Geography of the World, of America, and of Canada, from the large maps : all learnt English Grammar as far as Etymology and parsing words ; all learnt General History, and English History as far as the Norman Conquest, by oral instruction ; and all were prac- tised with the object lessons. 1st or Junior Division (Gallery.) — Monitor Teacher, Miss Mary A. Churchill. — Original appointment, 1858. — Certificate, Frst Class C (523), P. N. S., 1857.— Salary $170. Average registered attendance, 1858 72 Average daily attendance ‘‘ 52 In reading and spelling, 12 were in the alphabet and 21 in words and sentences of First Book, 27 in the first part of the Second Book, and 10 in the latter part ; 15 learnt to make letters on the slate ; all learned the elements of Geo- graphy by oral instruction from map of the world, and all learned arithmetical tables, addition, and subtraction, on the calculator. Female Department^ 2 Divisions, 3 Teachers. 3rd or Senior Division. — Head Mistress, Mrs. M. E. Lauder. — Original appointment, 1857. — Certificate, First Class (7), P. N. S., 1853.— Salary, $400. N.B.— Mrs. Corbett was Head Mistress until Easter, when, owing to impaired health, her resignation was, with much regret, accepted, and Mrs. Lauder became her successor. Average registered attendance, 1858 .67 Average daily attendance, “ 46 In reading and spelling, 23 were in the third, 24 in the fourth Book, and 20 in Sullivan’s Class Book ; the whole 67 wrote large and small hand and transcribed from books ; 23 were in the simple, 13 in the compound rules, 12 in Reduction, 9 in Proportion, 10 in Practice ; 32 received oral instruction in the Geography of N. America, Europe, British Isles, and Canada, from the large Maps, and 35 studied from Morse’s Geography and Atlas ; in English Grammar, 29 received oral instruction in the elements, and 38 learnt syntax and parsing; 29 learnt General History, and 38 History of'England, as far as the House of Stuart; Familiar objects were explained by lecture, and the whole practised needlework. 121 1st or Junior Division.— Higher Class, Junior Assistant, Miss Elizabeth Barker.- Original appointment, 1857. —Certificate, 3rd Class, CountyBoard.— Salary, $240. Average registered attendance, 1858 ...... 59 Average daily attendance, “ 43 In reading and spelling, 36 were in the Second Book, and 23 in the Sequel ; 40 wrote large text, and 19 small hand ; the whole 59 learned tables and the simple rules, I from calculator and blackboard ; the whole were simul- taneously taught the Geography of the World, N. America and Canada, from the large maps ; the whole were taught, by the same method, the definitions and parts of speech ; all were exercised from object lessons, and all learned needle-work. Lower, or Gallery Class. — ^Junior Assistant, Miss Eliza- beth McMurray. — Original Appointment, 1857. — Certi- ficate, Second Class, A (563) P. N. School, 1857.— Salary ^240. Average registered attendance, 1858 72 Average daily attendance, ‘‘ 47 In reading and spelling, 22 were in the alphabet and words of two letters, 10 in words of two syllables and easy sentences, 10 in the second book to page 12, 10 to page 54, and 20 to page 106 ; 30 learnt to form letters, 20 short words, and 20 commenced linear drawing, all on the slate ; all learnt numeration and multiplication table, 25 addition and subtraction, and 16 simple multiplication; and all received oral instruction on the maps of the world and America. GEORGE STREET SCHOOL. WARD OP ST. DAVID. Male Department^ 2 Divisions^ 3 Teachers. 3rd or Senior Division. — Head-master, Mr. Richard Lewis. — Original appointment, 1855. — Certificate, First Class A, County Board (also trained at Liverpool T. S., England.) — Salary S700. Average registered attendance, 1858 • . • o • • . 67 Average daily attendance ‘‘ ....... 55 In reading and spelling, 35 were in the fourth book and 32 in Sullivan’s Class Book ; in English Grammar, 36 learnt the definitions and simple parsing, 32 syntax and analysis of sentences, and 32 wrote prose and poetry from dictation ; 47 practised composition of sentences and simple narratives, and 22 made abstracts of reading lessons and other subjects ; 37 wrote large text, 40 small hand and transcribing from books; in Arithmetic, 14 were in the simple and 25 in the compound rules, 15 in proportion, 18 in fractions, 12 in book-keeping, 6 in mensuration of sur- faces; 6 iu Algebra, 12 in the first and 3 in the second book of Euclid ; the whole 67 learnt the general Geogra- phy of Europe, Asia, America, British Isles, and Canada, by oral instruction from large maps ; all learnt the ele- ments of English History, and 32 studied general History. 3 learnt the elements of Natural Philosophy from John- ston’s sheets ; 20 learnt linear and object drawing ; all were .taught object lessons, and 30 were taught singing. 1st or Junior Division.— Higher Class, Female Assistant, Miss M. J. Keown. — Original appointment, 1855. Cer- tificate, First Class A, County Board ; was also trained three Sessions, 1850-51, at the Normal School, U. C.- Salary $280. Average registered attendance, 1858 bd Average daily attendance “ ..••••• 49 In reading and spelling, 13 were in the 2nd, and 50 in the 3rd book; all learnt the definitions in English Gram- mar and simple parsing; all learnt the definitions m Geography, and were exercised on the Maps of America, Canada, and the Britsh Isles ; all were orally taught the elements of History, and Natural Histoy from object lessons ; 53 wrote large text on paper, and ’ all were taught the simple rules on the black-board, linear drawing on slates, and vocal music. Lower Class.— Female Assistant, Miss Amanda Richards. -Original appointment, 18 57 . -Certificate, Second Class A (566), P. N. School, 1857 .— Salary #280. . N.B.— Miss Kerown and Miss Richards teach alternately the higher and lower class of the Junior Diyision. 124 Average registered attendance, 1858 90 Average daily attendance, “ 61 Of these, 20 learnt the alphabet, and 70 read the 1st book frorn tablet lessons ; all were taught orally the de- finitions in Geography from maps ; all were exercised on the object lessons ; all were taught Tables, and addi- tion and subtraction by the use of the calculator ; and all practised vocal music. Female Department, 3 Divisions, 3 Teachers. 3rd, or Senior Division— Head Mistress, Miss Charlotte Smyth— Original appointment, 1854.— Certificate, First Class A, County Board.— Salary, $400. Average registered attendance, 1858 61 Average daily do 48 In reading and spelling, 24 were in the 4th book, and 37 in Sullivan’s Class Book. The whole 61 wrote small hand and transcribed from books. In arithmetic, 10 were in the simple and 8 in the compound rules, 14 in propor- tion, 16 in fractions, and 13 in interest. In English gram- mar, 37 learnt definitions and simple parsing, 24 syntax and analysis of sentences, 45 composed sentences and easy narratives, and 16 made abstracts of reading lessons and other subjects. All learned general geography from the maps of Europe, Asia, America, British Isles and Canada. All learned the History of England (Pinnock’s Goldsmith’s) and 37 general history from notes. All were practised in dictation of prose and poetry. 8 learned drawing. All learned needle-work, and all practised vocal music. 2nd, or Intermediate Division. — Senior Assistant, Miss Martha Hoig. — Original appointment, 1855. — Certificate, Second Class (45) P. N. School, 1853.— Salary^ $320. Average registered attendance, 1858 61 Average daily do 48 126 In reading and spelling, 21 were in the Sequel, and 40 in the 3rd book. 41 wrote large text, and 20 small hand. In arithmetic, all went through the simple rules as far as division. In English grammar, 30 learnt the definitions, and to parse simple sentences. All learned geography from the maps of the World, America, and Canada. All were taught from Object Lessons. All learned-needle work, and all practised singing. Ist, or Junior Division, (Gallery).— Junior Assistant, Miss M. Philips. — Original appointment, 1857.— Certificate, Third Class County Board.— Salary, $240. Average registered attendance, 1858 63 Average daily do 48 In reading and spelling, 10 learnt the alphabet, 1 6 words and sentences of the 1st book from tablet lessons, and 37 read in the 2nd book ; 53 learnt the first definitions and the geography of the world, from large map, by simul- taneous teaching ; 37 learnt numeration and multiplication table, and simple addition and subtraction frona calculator and black board ; all were taught orally firom object lessonS; and all were practised in vocal mnsic. The accompanying documents, which have been re- ferred to in the body of the Report, are cousidered worth re-producing in full, at the end of the same. The first Return was prepared in answer to a resolu- tion adopted by the Board, and shews at one view the attendance of Pupils, the number of Teachers, the total cost of the Schools, and the cost per Child, from the commencement of the Common School System in Toronto, up to the end of 1858. No. 1.— COMPARATIVE STATEMENT OF THE CITY SCHOOLS, UNDER SPECIFIC HEADINGS, FROM 1844 TO 1858, BOTH INCLUSIVE : Year. City Population. Avera^?e Registered Attendance. Average Daily Attendance. Number of Teachers. I Average num- ber of Pu- pils to each Teacher. Total Cost of maintaining the Schools. Cost per Child per annum, on the basis of registered attendance. Cost per Child per annum, on the basis of average daily att*noe. 1841 18500 1194 12 100 £ 44 mos. 1377 $ c. $ 0 . 5 00 1845 19706 ... 1108 12 92 12 “ 1921 7 00 1846 20565 ... 1212 15 81 12 “ 2011 6 60 1847 21784 1265 13 97 12 “ 1871 6 00 1848 23503 1431 13 110 iyear 917 6 50 1849 24126 ... 1325 13 102 t year 917 5 08 1850 25766 1259 15 91 12 mos. 1998 6 30 1851 30763 1843 1366 16 85 12 “ 2406 6*80 7 20 1852 35000 1872 1346 16 84 12 « 2558 6 40 7 40 1853 40000 1886 1402 20 70 12 " 3216 7 00 9 00 1854 41500 1971 1459 21 69 12 “ 4176 8 60 11 40 1855 42500 2066 1570 31 50 12 « 5218 10 00 13 00 1856 43250 2318 1747 32 55 12 •* 5642 10 00 12 80 1857 45000 2480 1863 36 62 12 « 6054 10 00 13 00 1858 47500 2522 1987 36 65 12 « 6599 9 69 12 50 N.B. — From 1844 to 1850 inclusive, the distinction ^between the ‘‘registered’’ and “daily” attendance was not sufficiently observed to enable the same to be re- corded. The figures under the head of “ City Population” are, in many instances, approximations based upon the or- dinary ratio of increase, inasmuch as a reliable census of the City Population had not been taken every year. For the same reason, the School Population of the City cannot be accurately determined ; but, according to the usual proportion between young persons and adults, it may be estimated at 10,000 for 1858. From 1844 to 1847, the Schools were carried on under the rate-bill system ; in 1848 and 1849, they were alto- gether free, but open only for six months in each year ; in 1840, the rate-bill was again resorted to ; and from that lime to the present, the Schools have been, and are still, free to all. No. 2 .— ABSTRACT OF SCHOOL ATTENDANCE, In its general features for 1857. The number of days the Schools were in actual operation was 223. The number of Teachers regularly employed throughout the year was 36. The number of Schools was eight, namely, six large Schools, each having a separate Male and Female Department, subdivided into junior, intermediate, and senior classes; and two smaller Schools of mixed Boys and Girls. The whole number of Scholars whose names were entered on the School registers, and who were some time or other at School during the year was 4,543, viz., 2,3 10 Boys, and 2,233 Girls ; and of these 4,543 Scholars, 699 were present less than 20 days ; 978 between 20 and 50 days ; 1,132 between 50 and 100 ; 749 be- tween 100 and 150 ; 634 between 150 and 200 ; and 233 be- tween 200 and 223 days. The average attendance, per month, on the register, t. e., those who were at School more or less each month, was 2,480, viz., 1 315 Boys, and 1,165 Girls. Of these 2,480 there were present at School (not reckoning half day absences), every school-day during each month on an average, 571, viz., 361 Boys, and 210 Girls. The average daily attendance for the whole year was 1,863, viz,, 1,023 Boys, and 840 Girls, The average daily absences (not reckoning half-days), for the year was 617, namely, 292 Boys, equal to 20 per cent. ; and 325 Girls, equal to 30 per cent. The greatest attendance, t. e., the highest number present in each School, at any time during the year, was 2,332, viz., 1,273 Boys, and 105 Girls. The least attendance calculated on the same principle, was on the 7th and 8th January, and the 18th December, on account of cold weather, 753, viz.. Boys, 421, Girls, 332, as the average of said three days ; and 699, viz.. Boys, 386, Girls, 313 on the 13th July. Of the daily average attendance, viz., 1,863, there were every day, on an average, during the year, 483 late scholar s^Viz, in the morning, 284, viz., Boys, 20/, Girls, 184, equal to 18 per cent; and in the afternoon, 199, viz., Boys 92, Girls, 117, equal to 11, per cent. Of the daily average attendance, viz., 1,863, there were, on an average, every day of the School year, 241 half-day absences, viz.. Boys, 111, Girls, 130, equal to 12^ per cent. On the average registered attendance per month, namely, 2,480, the first division of junior classes numbered 1,208; the second di- vision, or intermediate classes, numbered 73 1 ; and the senior di- vision, which comprised the more advanced pupils, numbered 541 • of the 1,208 there were 627 Boys, and 581 Girls ; of the 731 there were 414 Boys, and 317 Girls ; and of the 541 there were 274 Boys, and 267 Girls. Taking the cost of each scholar, on the basis of the average registered attendance, (2,480), at $10, the junior pupils would then each cost $8 ; the intermediate ones $10; and the seniors $12 in round numbers. But taking the cost according to the daily average at $13, the juniors would then cost each $10* the intermediates $13 ; and the seniors $16 in round numbers. ^ G. A. BARBER, Local Superintendent. Toronto, 1858. 129 No. 3.— ANNUAL STATEMENT Of Receipts and Expenditure, for Common School purposes, within the City of Toronto, for the School year 1858. Published by the Board of School Trustees, as required by Law. Income for 1868. Balance over from 1867 $6117 92 Legislative appropriation Municipal assessment, estimated to produce, nett 28672 00 Total Assets $39189 92 Expenditure in 1868. Paid sundry accounts incurred, and due, on account of 1867, viz: Repairs, is- fo/' /dSd i.re.rfintrt/.n/ a/ fM'Cf /fifttr/rro/ . ifi/fiouf of Hihi/fe/s. Fra (le of (^hica for 1855 . /ee / . 3f6' {?f 0/7 fO I,orf hj- fr/7orf/ fhrrr Hf/e 'f-o to /a / Pof'A' t^fa/' irot^hf m oofoof /hts/fot.v, /JJS 00-0 S 7732 00.0 3000000 270 000 . / 0337000 737 57 j 25. / /J <779 t/j^- /hi-^re/.rarr’fre/:/ Of '' 77oo. ■<■ 7 ? of'arrirct/.r 6.670 tofrtl tor/Hoif^eyOy'fired 76057 55 ^EWINC THE POTION OF THE PROPOSE @^|0iCTlK iA¥ iEMU 'WH REFE/^SAtC^rO THE TR/^DF OF T//£ JV/FR TR£ 77^ tvr/C PORTS, MORT/t€RC~^7' B^STO/f, RE IF YORR /^RTlArd/^^ » yen’' Ca/faiy pdifitt^ FhrseJj' mtU^ 7 y^ja/YJ^ 4^ rt4ejfrHm4 7^rY Pt^UL CRaA/ fiOCMCSTeK yfiS/fA'J fUJKfi/JT/S Utrf/ff' Xjf/ro^fstm gf. r FRo/^CftTC/^ccro puFBec^ ri/i r/erir/f/rrr, LaA'r Krif* FPOM CHfOyCO TO Q(/£OtC^ Hi/ Cyor^iiT/i /iar/ A 1 Ar//i’/r//fT Ih/temny in /(hytro/Y^orf/ffin /lfn/r^ (/ogA 7)tij’iA/f?mfrr Ar/y//^// //fa s//na/j7/n4 /Af Cost o/7tvns/70i7inff a //f/i a/' prodiirr u/z/r/Zht/irt/ iY//r,F . Uz/fa' /y.m rPOMCBiOfCO TO /ysiv TOBH. ^ yUvLaAy itVif trPsrif /a/ta//h/a /izz/Xj^/yf// worn ca/C 40 o rv^F/y top a, Ht/CAfn/ian Zi//// /i/Z/a/ AX Zan’/rz/rr (a/ia/jA^/MvpaM/ A" iAamp/aiJf/aa/i/ ftdmi//aiaFeAi:i'e/^' fAra/ruip ///Hr/ /JS^. TFOAt Ca/C/iOO 70 ££!£ TOilF. li/i /m/tt ZJrir,/fd//tm/ //ma/ S( Ij/HTrnre (anrAitaH'a^ A^4rMffa/ir faju/Z Zy/2S FROm CiiiCFC/) TO OZWiCO 1 Hp/i/fAy.VifJ/rii7f7oAYKHeJ/e//azf// /aa/i/ /A //) \ TFOM OR/GFOO 70 OSyBCO. ( ^ i/Geary M/I H/ty/ha/d / d^a/r/Zif/ari v 7/o\ }yc?//] REPORT OF THE TORONTO BOARD OP TRADE, FOR THE YEAR 1866. The Annual Meeting of the Toronto Board of Trade took place on Wednesday night, in the Toronto Exchange, and was attended by a larger number of merchants than usual. The President, T. Clarkson, Esq., occupied the chair, and J. W. Brent, Esq., acted as Secretary. Several new members were proposed, and some routine business transacted, after which the following Report was read and adopted : — REPORT OF THE COUNCIL FOR THE YEAR 1855. To the Toronto Board of Trade : — In accordance with the annual custom, your Council beg to submit their report for the year just closed. The subjects which have occupied the attention of your Council have not been very numerous, nor have its meetings, been as frequent as in some years past. The year 1855 has not however been devoid of events interesting to commercial men, and having direct bearing upon the com- merce of Canada, and your Council in submitting its Annual Report, does not consider that its remarks should be confined to the consideration of such subjects only as have come within its immediate sphere of action, but that the report should contain a general “ resume*’ of the most prom- ment features of the commercial history of its year of office. During the past year, the Treaty of June, 1854, between Great Britain and the North A.merican Province on the one part, and the United States of North America on the other, which brought about a partial reciprocity of trade between this country and the adjoining Republic, has been in full operation, and its effects have been sensibly demonstrated by the largely increased exports of agricultural products, and the immense im- port of free goods, which the trade returns of 1855 exhibit. The exports of Toronto for 1855 being dC404,000 against <£274,000 in 1854, and the imports at Oswego from Canada being $12,010,663 against $2,819,217 ; increase over $9,000,000. The operation of this law has also had the effect of largely increasing the production of many of our staple exports, by affording at all seasons, a steady, quick and active cash demand for all tbe products of the farm and the forest. This stimulus to increased pro- duction and active demand will doubtless continue with the operation of 6 reciprocity, as long as the Eastern States continue ^ large nortion of their food, even though it may, and probably will happen, large portion 01 tneir o , producer and exporter may .h.. in the «uct».non of pnc», *e P not find every year so followed from the partial measure now admitting that many benefits have toUowed irom „ p in force, and convinced that vastly greater advantages would result to both countries from a full, complete and well considered measure of reciprocity, your committee are impressed with the conviction thatom: legislators did not sufficiently estimate the value to our neighbours of the privUeges which the existing treaty secures to them, in the free navigation of the St. Lawrence river and the Canadian canals, and that the free admission of our grain and raw material into the markets of the United States, which was obtained in return for these very important privileges, was a boon which the continued scarcity and high price of food in their Atlantic cities, and the requirements of their manufacturing States would probably, ere this, have compelled them to seek on terms much more advantageous to this Province. In our eagerness for this free admission of our grain and lumber, we overlooked many important advantages which our relative position to the United States would have fully warranted us in seeking to secure. Among others, the interests and encouragement of our Provincial Marine were entirely overlooked. If a provision had been made in the reciprocity treaty for the admission of Canadian bottoms to American registers, as it should have been, an almost incalculable impetus would have been given to the progress of yet undeveloped tracts of Canadian land, lying along the east and southern shores of Lake Huron, as well as to the already established shipbuilding ports of the province- It is to be hoped that this branch of the reciprocity subject will receive at the hands of Parliament during the present session, a larger share of attention than has hitherto been bestowed upon it, and that every measure calculated to foster a trade, to the development of which the glory and prosperity of England is mainly due, and to the successful prosecution of which, Canada is eminently fitted, will be carried into effect. Your committee perceive with pleasure, that the New York Chamber of Com- merce has adopted a memorial to Congress praying for complete freedom of navigation, for the vessels of both countries. DUTIES ON IMPORTS AND TRADE WITH THE WEST INDIES. The existing customs tariff has been under consideration, and althougl satisfied with its main features, and averse to any sudden or violeni changes in the duties on imports, your committee is of opinion that some 7 highly beneficial modifications might bo made in the tariff, without inter- fering too much with the public revenue. The articles, which in the opinion of your committee call more particularly for a reduction of duty, are sugar and the manufactures of cotton, which enter so largely into the domestic uses of our people as to be in effect necessaries of life. An anomaly exists in the duty on rice, which should be corrected. Under the reciprocity treaty, rice produced in the United States is admitted free while the rice produced in the British East Indies is chargeable with 12 J per cent, duty, and in connection with this subject, it should be borne in mind that the project of a reciprocity trade between this country and the British West India Islands is deserving of much consideration, as it offers an abundant and cheap supply of the first named article, in exchange for our staples, and a carrying trade, which if fostered by judi- cious legislation, could not fail to be highly beneficial to Canada. USURY, BANKING AND BANKRUPT LAWS. The necessity for increased banking facilities to keep pace, in some measure, with the general increase in the trade of the country, the con- tinued development of new sources of wealth, and the consequent require- ments of money, has occupied the attention of previous councils, and steps have been taken by nearly all the chartered banks of the province for a large increase to their respective capitals ; the required stocks have been readily taken up and some new banks established. And although the banking capital of the province has been nearly doubled within the last two years, there is still, in the opinion of your council, ample room for the safe and profitable employment of nearly, if not quite, as much more. By the modification of the Usury Laws, statute 16 Vic. c. 80, all parties except the chartered banks and insurance companies, are allowed to lend money at such rates as they may agree on, subject only to the forfeiture of surplus interest over six per cent., if the borrower should think fit to repudiate the payment. This statute your covncil consider only a step in the right direction, and would strongly urge the necessity for the total repeal of all legislative' trammels upon the trade in money » Your council is of opinion that all partial enactments, giving limited freedom of action in the transactions between borrowers and lenders, can only tend to perpetuate and increase the evils which they are intended to remedy, vnthout bringing about the influx of capital into Canada, which would undcmbtedly follow the total repeal of all restrictive enactments on the trade. If it should be considered that the admission of the chartered and peculiarly privileged bankiug'^iwtitutions of the province to the full / a 8 operations of unrestricted trade m the mercantile community, who are, to s a t ♦ financial facilities upon the banks, the law might be modified so as to meet this objection by limiting the rate chargeable by banks to the same rate of interest as obtains in the State of New York, namely seven per cent., while the trade between private parties should be entirely unrestricted. Your council is of opinion that a well-considered bankrupt law should be enacted, both for the protection of the creditor and debtor; with regard to the first, because when a man commits an act of bankruptcy, the honest creditor should be protected from the undue preferences which are so frequent in the absence of any legislative control of such cases ; and with regard to the latter, because it seems peculiarly unjust that a man who through the vicissitudes of trade, “ over which, in many cases, he may have no control,” becomes deprived of the means of liquidating thq liabilities ofsuch trade, should also be debarred from the possibility of ever bettering his condition, should any of his creditors refuse to grant him a discharge. The law, however, should be very carefully enacted, and every precaution taken to prevent its fraudulent or tyrannical application. TORONTO AND GEORGIAN BAY CANAL. The project of a ship canal to connect the waters of the Georgian Bay on Lake Huron, with Lake Ontaiio and the St. Lawrence navigation, at this port, has occupied a large share of the attention of your council, and has met with much approval at the hands of mercantile men in the cities of Chicago, Milwaukie and Oswego, and in the counties of Simcoe and York. The first movement regarding the projectekl canal, was made at a meeting of this Board, which took place in J uly last ; at that meeting a sub-committee was appointed, with power to collect monies, and employ an engineer for the purpose of making a preliminary survey of the country, with a view to ascertaining the practicability and probable cost of the work, and the sum of one hundred and ten pounds was subscribed by the members present, in aid of the survey. The following are the names of the gentlemen forming the committee : — Messrs. Clarkson, (chairman), Thompson, Lewis, Pyper, Whittemore, Harris, Miller, Harrington, (treasurer), and Hayes, (secretary). An account of the proceedings of the committee and of other bodies and individuals favorable to the canal project, up to the 23rd of February, together with some statistical and 9 general information bearing upon the subject, are contained in the com- munication from the Secretary of the Canal Committee, which accompanies and forms part of this report. Your Council cannot, however, allow the opportunity to pass without congratulating the committee upon the marked success which has attended their efforts, and upon the very great energy and activity which they have displayed in all the proceedings connected with this movement, and upon the strong feeling of public favor with which the Toronto and Georgian Bay Canal is received, not only through the city and counties more immediately interested in its construction, but also throughout Canada and the neighboring republic. THE REPRESENTATION OP CANADA AT WASHINGTON. The subject of the necessity which exists for a commercial representa- tion of Canada at the seat of the Federal Government of the United States, was brought forward a short time since by the Quebec Board of Trade, and has occupied the attention of your Council. In approaching this very important question, your Council has not undervalued the difficulties which surround it, nor have they arrived at a hasty conclusion. The chief difficulty which suggests itself to us, as British subjects, proud of our connection with and allegiance to the parent state, is that, if the proposed representative at Washington be an ambassador from the Gov- ernment of Canada to that of the United States, which he should be to have any weight attached to his suggestions there, that the proposal to establish such representation, may be looked upon as an infringement on the Royal Prerogative, which your Council would be the last to suggest. It cannot be denied that great necessity exists for some active, intelli- gent, and influential representation of the commercial interests of Canada, near the controlling power of the United States — and that, under the rapid growth and daily increasing importance of our commercial relations with that country, this necessity is every day becoming more and more keenly felt. We see and point out the want, leaving to the Governments of this country and Great Britain the task of supplying the remedy. Should neither Government see fit to take action such as the commercial men of Canada deem necessary, it will then be a matter of consideration for the different Boards of Trade throughout the Province, whether a simply commercial delegate should be appointed. LOCAL MATTERS. Among the many evidences of commercial progress exhibited by this city during the past twelve months, your Council advert with much satisfaction to the completion important branches of railway com- / 10 munication, the Toronto and Hamilton branch of the Great Western and the Toronto and Guelph section of the Grand Trunk Railway of Canada. The completion of these works affords a strong guarantee for the future prosperity of Toronto, and while alluding to them, your Council would express the hope that the corporation of this city, holding as it does, a large stake in the stock of the Toronto and Sarnia Railroad, will not allow the interests of this city to be sacrificed by any deviation from the terms of the original contract for the line, which expressly provided for the construction of the Road from the ‘‘ waters of Lake Ontario at Toronto to Lake Huron at Port Sarnia,” this provision (your Council is credibly informed) was fully set forth in the amalgamation agreement, between the Toronto and Guelph R.R. Company and the Grand Trunk, and it now becomes the duty of the Corporation as guardians of the public welfare, to see that no injustice is done to this city, as would be the case were the continuation of that road from St. Mary s to Port Sarnia abandoned or postponed. The erection of the Toronto Exchange, and the marked success which that institution has met with in a pecuniary point of view as a profitable investment of capital, are strong evidences oT our commercial advance- ment. The building is in itself a highly interesting addition to the architectural ornaments of our city, and reflects great credit on all connected with its erection. The Council strongly recommend the Merchants of the city to attend regularly the Exchange, as also Millers, Merchants, Manufacturers and Traders from the country, as they may meet there the greater number of those with whom they have business transactions. There sales may be effected, and purchases made, as well as general information obtained, Many of the greatest improvements in the commercial codes of Europe, have had their origin in the Exchange. There are brought to light, and exposed through the experience and intelligence of its members, oppres- sive laws, and taxes on commerce ; and frequently plans are suggested for the extension of commercial relations, and associations formed for carrying on enterprises which individual means would have been unable to acccomplish. Prejudices, jealousies, and animosities, are removed by daily associations in the floor of the Exchange, of mercantile men, who through rivalry or competition may have been long estranged. The history of the largest commercial cities of the world, clearly demonstrates the advantages which result from a daily or frequent meet- ing of all engaged in commercial pursuits ; and the commercial com- xnunity of Toronto are deeply indebted to the projectors of the Exchange, for the facilities for such intercourse which it affords. The fact that during the year just closed, two large and first-class ocean vessels cleared from Toronto for Liverpool and London, respectively, one the City of Toronto, built at this port; the other, the Reindeer, on the shore of Lake Huron, two thousand miles from the ocean, is also a gratifying evidence of progress. Your Council have had under consideration, the great disadvantage vhich Toronto labours under, as compared with other important ship- ping ports, in the absence of any public wharf accommodation, a want which is severely felt, and often as severely commented upon by strangers visiting the city. It is also a subject of regret, that the contemplated Esplanade, upon which so large a portion of public money is being or to be expended, should not in any way provide for this obvious necessity. Your Council would commend this subject to the earnest attention of the Harbour Commission through your representatives at that Board, with a view to the suggestion of a remedy, by the construction of such ample wharf accommodation as the present and prospective trade of Toronto imperatively calls for. All of which is respectfully submitted. (Signed) . THOMAS CLARKSON, President ; REPORT r OF THE SECRETARY OF THE TORONTO AND GEORGIAN BAY CANAL '■ COMMITTEE TO THE BOARD OF TRADE. J. W, Brent, Esq., Secretary to the Toronto Board of Trade. Sir, — At the request of Mr. Clarkson, President of the Board, and Chairman of the Canal Committee, I have prepared an outline of the most prominent features of the movement in favour of the proposed Toronto and Georgian Bay Canal since the meeting of the Board of Trade on the 18th July, when the committee, of which I have been acting as secretary, was appointed. Almost simultaneously with the action of our Board of Trade, committees were nominated in Chicago, Milwaukie, Oswego and the County of Simcoe, to aid in procuring a survey of the country between this city and the Georgian Bay, on Lake Huron, with a view to ascertaining the practica- bility of the proposed work. The committee of Chicago suggested, and those of Oswego and Simcoe agreed to propose that a convention of Dele- gates from all the localities favorable to the Canal should meet at Toronto. This suggestion was considered at the first meetiflg of your committee, which was held on the 23rd August last, all the members being present, and it was unanimously approved of. The Secretary was instructed to call the Convention meeting by com- munications, with all the cities, towns and counties interested in the movement. It was also considered advisable that the Toronto Committee should be in possession of some reliable information on the chief features of that portion of the country lying between this city and Lake Simcoe, to lay before the Convention, as the chain of hills, called the ridges, were supposed to be an insuperable obstacle to the construction of the Canal. With this object, it was ordered — ♦"That Messrs. Thompson & Clarkson put themselves in communication “ with Mr. Tully, who, it is understood, is possessed of valuable information on the subject, and report to this committee at next meeting.” 0„ .h« 25.1, Aug„.,the e.mml,..e me. .g.in, e.J on Mese„. Clnttan nna Thompson’, repor. and Mr. Tnllj’. offer u noderttke an enaminanon of .he ridges, it was .gre«l .ha. Mr. Telly’, offer shonld be aecepmd, and the Seerelary was inamc.ed .0 commnnican with that gentleman, teqoeang him » prrmeed rviU, the examination. The Board guaranwei.g payment of his expenses. Mr. Tully accordingly commenced the exploration of the country, and the Secretary completed arrangements with all the committees for a meeting of delegates in Toronto on the 13th September. The County Council of Simcoe, in the meantime, with their usual prompt. ne«s to see and appreciate the value of every great public work calculated to develope the resources of their county, voted £100 towards the expense of the survey. On the 13th of September, pursuant to arrangement, the delegates from Chicago, Oswego, Barrie, Orillia, and the members of your committee, with several other citizens of Toronto, met in convention at Russell’s Hotel. The following is the report of that meeting from the Globe of the following day, and as it contains some highly important information in the speeches of Messrs. Crocker of Oswego, and Bross of Chicago, I deem it advisable to introduce it complete : — According to previous arrangement, the meeting of delegates from Chicago, Oswego, Toronto, and other places, to consider the question of a survey of the country between Lakes Huron and Ontario, with a view to the construction of the Georgian Bay Canal, took place yesterday, at Rus- sell’s Hotel, in this city. The following were the delegates From Chicago— Mr. Steel, President of the Chicago Board of Trade ; Mr. Steers, and Mr. Bross, editor of the Chicago “ Democratic Press.” From Oswego— Mr. Littlejohn, Mayor ; Mr. Carrington, President of the Oswego Board of Trade ; Mr. Crocker, Mr. Lewis, and Mr. Platt. From Simcoe — ^James Sanson, Esq., Warden County of Simcoe. From Barrie — R. R. Bernard, Esq. From Toronto — Among those present, we noticed Thomas Clarkson, E. F. Whittemore, M. P. Hayes, T. D. Harris, S. Thompson, W. How- land, C. Robertson, J. Harrington, J. Worts, and J. Bunfly, Esqs. On motion of Mr. Platt, of Oswego, Thomas Clarkson, Esq., President of the Toronto Board of Trade, was called to the chair. He said he regretted that they had not called upon one more able to preside when they had met together on such an important matter. They all knew the object of the meeting, which was to make arrangements for the survey of the country between Lake Ontario and the Georgian Bay, to test the practicability of a Canal from that place. The Canal, he said, was needed as an outlet to a v^aiiai liwiii mwi. , — the immense and exhaustless resources of the west. It was a question in which all were interested. The interests of Europe required it; the inter- I i 'I 15 ests of Canada and the southern frontier State demanded it ; and the inter- ests of the great West required it. In order to facilitate the object of the meeting, the merchants of Toronto had employed a surveyor to make a preliminary survey, whose report would now be received. Kivus Tully, Esq., C. E., then submitted a verbal report, in substance as follows : — The proposed route of the canal to unite the waters of Lakes Huron and Simcoe and Ontario, was first explored by me in 184?6. At that time I considered further exploration was not advisable, owing, to what would then be thought enormous cost. In 1851 a second exploration was made, and I ran a line of levels between the head waters of the Humber and the Holland River on the Lake Simcoe level. The greatest elevation I found at that time was 218 feet. No action was made on the matter by those who employed me, namely, Sheriff Jarvis, Dr. Reese, Dr. Hayes, and the late Vice Chancellor Jameson. On the last exploration made recently I was led to suppose that the ridges to the east of Yonge Street were lower than to the west. On examination I found that this was incorrect, and accordingly turned my attention to the original line, namely, between the head waters of the Humber and Holland River, through the township of King. In tracing a valley which avoids a considerable elevation in two instances, and, after carefully levelling the same, I found that a line can be procured between the Holland and Humber rivers at this point — with a cutting of not more than 14*5 feet for IJ miles, and an average cutting of 40 feet for 6.J miles. Along the proposed route, north and south of this point, there are no difficulties more than of an ordinary engineering character. The exploration is not yet complete, as the line of levels has not yet been run between the summit and the waters of Lake Simcoe, but as far as I can at present judge, what I have stated may be taken as rather over than under the estimate of the difficulties to be encountered. After Mr. Tully had finished his report, a general conversation ensued among the delegates. Questions as to distance, lockage, feeder, drainage, &c., were asked and answered, and much information as to the advantages of the different routes proposed was elicited. The Chairman, to commence the business, called the meeting to order, and requested that gentlemen would express their views on ^he project. Mr. Littlejohn of Oswego, said in order to give an opportunity for the expression of opinion, he would move the following resolution, seconed by Mr. Steers of Chicago : — Resolved,— T\\^i the immense trade from the Northwest demands the immediate construction of a canal between the upper lakes and Lake Ontario, of sufficient capacity to pass vessels of 1,000 tons burthen. Mr. Crocker of Oswego, said that he agreed with the spirit of the resolution. It must, however, be taken in its largest sen,se, as there were many details which would require to receive attention. After referring to the character and importance of the project under consideration, he alluded to the tonnage mentioned in the resolution. He believed that for long voyages the larger the vessels the better. He believed that for He was one of those who Weltnd Canal. That report had estimated the cost of transportation of Se trade of the West to the sea-board per ton per mile, by the various elisl^g rites, which he proceeded to give. The report also contemplated that the construction of the Champlain Canal and the enlargement of the Welland would considerably reduce the existing cost of transportation, beluse larger vessels could trade through, and go longer voyages, and, from calculation? which he himself had made, he had arrived at the same con- clusion If this were the case, when these works were completed, how much cheaper would transporation be rendered by the construction of the Geor- gian W Canall They would not only have larger vessels engaged, but fhey would save some two or three hundred miles, by the canal across this peninsula. He believed that this view of the subject was interesting to Chicatro, to the cities on Lake Ontario and on the St. Lavvren^. He said that the subject of the construction of the Champlain Canal .wonld receive the earnest attention of the Lower Canadian people, especia 1> of the city of Montreal, where it was a question of importance, as it would be an important link in the chain of communication to the sea-board. He at- tributed the reduced rates at which produce could be conveyed to the tide waters by the Buffalo route, to the large vessels which they could sail. There were some that went to that port of six, eight, and even ten thousand tons; but they could not get into Lake Ontario, and, consequently, the trade went down tL Erie Canal. He showed, by accurate calcula ions, the difference between transportation by large and small vessels, and the profits on such to the owners. He then enumerated the various routes now in existence from Chicago to the sea-board, and showed ‘^e jsost of transpor- tation by them, and considered that the great contest would be between the Mississippi and these routes. He said that it was with no little interest that he saw no resolution moved, and hoped that it would be cairied unani- mously. . Mr. Bross said— Mr. President and gentlemen of the coinmittee, Mr. Crocker has presented you with some very interesting figures m relation to the lessening of the cost of transportation, if facilities for running larger vessels be afforded. Will you allow me to give you some facts which may assist you, and more especially that portion of the business public who may not have examined the subject, to appreciate the importance of a ship cana from the Georgian Bay to Toronto. It is proposed to const^ct anotner great highway to the commerce of the upper lakes to Lake Ontario, ana thence to the ocean. Whether the labour and expense necessary to com- plete the work, if they fall within a reasonable estimate, after a carelui survey shall have been made, would be usefully and profitably employed must be determined by the present commerce of those lakes, and its pros- pective extent and value in the future. The growth of that commerce or I 17 the last twenty years is one of the most astonishing facts in the commercial history of the world, and forms an jndex by which we may judge what is likely to be its history hereafter. The report of Mr. Andrews, made to the Secretary of War, under the direction of the Congress of the United States, gives the value of the commerce of the lakes for the year 1851 at 326,000,000 of dollars, being more than the entire foreign commerce of the union. We have no means to determine how much of this trade is due to Lake Michigan, but we have some figures by which we can form some idea of value by the trade of that lake for the past year ; and if we consider the extent of territory from which that trade now comes, and vast regions from which it is to come, it will enable us to form some idea of the import- ance of the proposed canal to the future commerce of the lakes. The territory which has built up the City of Chicago does not extend beyond the Mississippi, say two hundred miles west, and a hundred miles north by a hundred and fifty miles south would mark its boundaries in those direc- tions. This gives us an area of fifty thousand square miles. Any of the gentlemen present, who may have travelled over the country, west of Chicago, know that its resources are but very imperfectly developed. What was the trade of Chicago for the past year? She shipped 12,902,300 bushels of grain, making her the largest primary grain port in the world. She packed and shipped alive over 100,000 hogs. There were slaughtered 23,691 cattle, and 10,458 were shipped east alive. The lumber receipts amounted to 4,247,128 feet. The arrivals of vessels were 443 steamers, 409 propellers, 114 barques, 336 brigs, 3,043 schooners, and 70 sloops— total, 4,527. The total tonnage as registered in the Custom House was 984,144 tons. The total receipts of the Custom House are, for 1854, $582,202 85c.; 1853, $260,671 17c.; increase in a single year, $315,131 68c.; The population of Chicago for a series of years will enable you to form some conception of its rapid growth, and the developement of the resources resulting from it : — 1840 - 4,470 1843 — '7,680 1845,. 12,088 1846 14,169 1847 16,850 1848.. 1849.. 23,047 1850.. ..-28,269 The figures for the present year, as given in the above table, indude our marine population, which were not included in the amount p publish^ m some of the papers. The total number, without the marine, is 80,028. The value of the manufactured articles as given in the census just taken is $9 827 700 These are a specimen of some of the items in the trade of Chicago for "the past year. What the trade of Waukegan, Kenosha, Racine, Milwaukie was, we have no means of determining ; but they were, of form some idea of its extent and resources, that we may estimate as best we may what the trade of Lake Michigan is to be in a few years hence. Let us teke a stand point at the mouth of the south fork of the Platte River, say nine hundred miles west of Chicago. Draw a line throu^t this |^int north and south, and, though we are a long way east of the Rocky Mountains, call the rest of the country south of the Black Hills a desert. It be Served that all the territory on the Yellow Stone and the Upper Missouri lies west of this line. From our north and south line we begin at or near Alton at about the thirty-ninth degree of north l^itude, and go up to the northern boundary of Minnesota and Nebraska. The total distance will not vary much from six hundred and fifty miles. This gives us an area of territory of 585,000 square miles. Add to this 1 15,000 square miles of the beautiful country on the Missouri and the Yellow Stone, and we have seven hundred thousand square miles of as fine a country as can be found upon the face of the earth, whose productions and trade will swell beyond the figures of the wildest fancy the commerce of the ^akes. It may be said that our north and south line reaches too far south. All the trade, as far south as Alton will not seek the lake route, but a large portion of it v^ll ; and as you extend the radius west, say to Independence, Missouri, the line becomes very direct through Quincy to Chicago. It is very easy to repeat the fi<^ures— 700,000, which represent the number of square miles contained in the territory we have named, but it is a far different thing to form a definite idea of the immense country which yet remains to be developed west of the lakes. Let us make a few comparisons to assist us in our esti- mate of the future of the great Northwest. It should be remarked, howeve^ that there are many beautiful valleys in the Rocky Mountains, capable m sustaining a large population, and more fertile and beautiful than Switzerland, and enough to form half a dozen such States. Add up the number of square miles in all the states east of the Mississippi, ^-^^eptWisconsin, Illinois and Florida, and you will find that you have only 700,000. If you are started and can scarcely believe the figures, take a newspaper, and cut it in the shape of the territory we have named east of the Mississippi, and lay it on the west of Lake Michigan, and study the map in every possible form, and you will be forced to the conclusion that the North-west contains a territory larger than the twenty-three older States we have alluded to, east of the Mississippi. These States contain some 20,000,000 inhabitants. But again, England, Ireland, Wales, and Scotland contain in all 115,000 square miles, only one-sixth of the territory of the North-west, and have a population of 26,000,000 inhabitants. Were the territory we have named equally populous, it could contain 156,000,000. Turkey, Austria, and France, have an aggregate of 671,000 square miles, and a population of 84*, 000, 000. Need it be wondered at that in speaking of the North-west, Western men are obliged to use terms which venerable old fogies regard as extravagant and even absurd? The simple fact is, that this territory is large enough to make four States of 50,000 square miles each, and is vastly 19 more fertile, and capable of sustaining a population many times larger than all the older states of the Union. A few words as to the resources of the country under consideration. In minerals it is Specially rich ; it contains the largest and the richest deposits of lead and copper that are known to exist any where upon the globe. We need hardly say that we allude to the copper mines of Lake Superior and the lead district, of which Galena is the centre. Iron and coal are also found in great abundance. In speak- ing of its climate and productions, it should be known that the isothermal or climactic lines bend far away to the north, as we go west to the Rocky Mountains. If we mistake not, it is nearly as warm at the north bend of the Missouri as it is at Chicago. Otving to this fact and the richness of the country, the Buffalo range nearly up to the south line of British America. The agricultural resources of these 700,000 square miles are absolutely beyond the power of man to estimate. It is the opinion of some of our best informed men that the great plains over which the Buffalo now range in countless thousands, must, after all, become the great corn-growing sections of the Union ; there, too, will be reared the countless herds of cattle and hogs, to be driven here to be packed in beef and pork, to feed the Eastern States, with abundance to spare for all the nations of Europe. And now, Mr. President and gentlemen, with the vast extent, and the end- less agricultural and mineral resources of the country west of the lakes before us, what is the commerce of these lakes to be in the next twenty years ? It is settling with the most astonishing rapidity. Our railroads are piercing this vast territory. They now reach the Mississippi at Cairo, Alton, Burlingmn, Rock Island and Dubuque ; and more than a hundred trains a day arrive and depart from Chicago. They will soon be expected through Wisconsin, Minnesota and Iowa — and no one can tell where they will end till they reach the Pacific. If products of the West gathered from only 50,000 square miles, have built up a city of 83,000 people in the short space of eighteen years— for it is only a few months more than that since it was incorporated — who dares to estimate what the next seventy years will accomplish 1 I once heard Captain Hunuvin, a veteran sailor of our city, who commenced his eventful career on Lake Ontario in 1812, after referrintf to the growth and the endless prospective value of the products of the West, say that “ the great God when he made the mighty West made also the lakes and the mighty St. Lawrence to float its commerce to the ocean and I might as well attempt to lead the boiling current of Niagara to the sea in a hosepipe, as to ship the products of these 700,000 square miles to the ocean by the Erie and the Welland Canals, and all the rail, roads now or hereafter to be constructed. The West needs the Georgian Bay Canal and every other avenue to the ocean that can possibly be opened. Mr. Bross illustrated his remarks by a large map of the United States and the Canadas, and their importance will be better understood by the reader by having a map before him when reading them. M. P. Hayes, Esq., in moving the next resolution, briefly slated what had taken place in Toronto in reference to the proposed work. A committee of the Board of Trade was appointed with full powers to do any thing they might think advisable towards the furtherance of this canal. The commit- tee had had two or three meetings. At the first meeting £110 was sub- 20 survey, aKo or'thrle ‘werfS^inteJ ^Smmpee'^to no reply ?o his communication, but he had no doubt that, when the subject was properly laid before the Council, they would see the propriety of aid- ^ .i!« vLrk bv a money grant or otherwise. He had the pleasure, also, of being aWe to stlte that the Council of Simcoe had voted £100 towards the pxnlnses of the survey, and that the town of Barrie was prepared to do its Se ^f the work as well. He had been directed by the committee to Jsue noti'^es for a meeting to be held on the 6th instant, but after those notices were sent out, another meeting of the committee was held, at which a letter was presented from Mr. Tully, stating that he had already made a survey with a view to the drainage of the Holland River Marsh, of which he wluld be happy to give the committee the benefit as well as to make aLTher suryey, at a trifling expense. The committee accordingly directed WmtoengaWMr. Tully’s services, and to postpone the meeting till such oeriod as his report could be received. That report they had now heard, Ld it was of suU a nature as to convince them that the thing was at any rate practicable. The great difficulty that usually had to be contended against in the construction of such works, was in regard to head water, bu on that point in the present case there was no difficidty, as they were all satisfied ffiat Lake Simcoe had plenty of water. Another difficulty was as o the amount of lockage, but that was not of a nature to be an insuperable obiection, either as regarded the cost, or the time that vessels would occupy in paisincr through. Whatever the cost might be, provided only they cou d show That the work would be useful, and ultimately profitable, they woidd find capitalists in England ready enough to aid them with funds. He begged to move the following resolution ilesoZt;e(Z.— That from the information relative to the country through which the proposed Canal would pass, which has been given by Mr. Tully as the result of his preliminary examination, and from the ve^ interesting and important statistical information which has been furnished by Mr. Bross, of Chicago, and Mr. Crocker, of Oswego, this meeting is satisfied that a thorough survey— with estimates of the country between Toronto and Lake Simcot and between Lake Simcoe and Lake Huron, with a view to the construction of a ship canal, should be immediately proceeded vvith, and that the various towns and counties interested in the work be called upon o subscribe sufficient funds for the expense of the survey. Seconded by Mr. Crocker, Oswego, and carried unanimously. RcsoZtiei.— That a Committee consisting of three persons from each of the cities of Chicago, Milwaukie, Toronto, Oswego, and the county of Simcoe, be appointed to lake steps to have a thorough survey of the route for a Ship Canal, capable of passing vessels of a thousand tons burden from Lake Huron to Lake Ontario at Toronto or its vicinity, and that the said committee have full power to collect funds, engage engineers, and when the survey is completed and the engineer’s report made thereon, said com- mittee to report to the Toronto Board of Trade, and that the following gen- tlemen compose the said committee: — Chicago.— Messrs. Thomas Richmond, George Steele, Wm. Bross. Toronto. — Messrs. Clarkson, M. P. Hayes, and S. Thompson. Milwaukie. — Messrs. Crocker, Wells, and Walker. Oswego. — Messrs. Crocker, Carrington, and Lewis. County of Simcoe— Messrs. Sanson, R. B. Bernard, and Steers. The hrst committee meeting to be held iiv Toronto, and the menabers thereof in case of sickness or absence, to have power to appoint a substitute. Seconded by Mr, Lewis, Oswego. The resolution, as originally worded, provided that the survey should be made from Lake Huron to Toronto, E. F, Whittemore, Esq., moved the next resolution Mr. Sanson suggested that the language should be made more general, by substituting Lake Ontario for Toronto. Mr Tullv remarked that he had no hesitation m saying ^at the on y pr^ticahle route was by the Humber. He did not think there was any practicable route to the east of Toronto. Mr. Sanson said he did not believe so either, hut he thought the resolu- tion should he made more general. „ , Mr- Bross, Chicago, suggested that for the words “ to Toronto, should be substituted “to Lake Ontario at Toronto, or Its vicinity. This, after some further conservation, was agreed to, and the resolution passed unanimously. Mr. Crocker, Oswego, moved the next resolution 'Rp^nlnp^ That the ereat increase of the commei^ce of the Lakes prJS ^d prSpeSvf demands an immediate and organized effort to ErinTirfac^n ol this subject before the puhhc with a view to pressing on the Canadian Government, the importance of duplicate locks on the Wellpnd Canal or a new canal, if practicable, between Toronto and T nlf« Huron and that with a view to elicit information necessary to a fofunderstanding of the subject, this meeting would be pleased to see a S3 by CanaJU» Boara. of Me. .nv.t.ng del.- fates from the Boards of Trade of all the cities on the lake. Mr Crocker, in supporting the above, said he had had a conversation with the Hon. John Young of Montreal, and other gentlemen, on the sub- iect and his idea was to have the convention held in Montreal or Quebec, ^ • 1 * • ♦ ■UYMTvrriTirr thft matter fairlv under the notice of members of 'J,d™K?^brrn L Zo».r Canada, and enW.g .heir ^Sninthewo* In Upwr C.n^ he bebeved, the .mportance ofthe matter was already fully understood. M-r T ittlpiohn Osweffo, seconded the resolution. Mr ^tLiore said it should be borne in miiid that Toronto must be ttiP. Hpad Quarters of this agitation, especially as the Government would he Wre lf;Te wSL, and^arliamen? in .he eo«,« of . few n»n,he. Mr. Crocker agreed with Mr. Whittemore, that Toronto should be the head-quarters of the agitation, but thought at the same tune that many advantages would result from having the general subject discussed at Quebec or at Montreal. The resolution was then agreed to, and shortly afterwards the meeting separated. Tin. i A meeting of the committee was held immediately afterwards, to con- sider the steps to be taken, in pursuance of the object for which they had been appointed. On the morning following the Convention the committee met, all the members being present, and organized by appointing Mr. Clarkson President ; Mr. Harrington, Treasurer ; and Mr. Hayes, Secretary. It was decided that Mr. Tully should be employed by the committee to complete the survey of a route for the canal from Toronto via Lake Simcoe to the Georgian Bay on Lake Huron, to report to this committee with a topographical description of the country, levels, heights, sections, and approximate estimates for the construction of a canal capable of pass- ing vessels of one thousand tons burden, a profile of the line to be finished with the report. It was also arranged that the members of the Chicago delegation should secure the services of one of their most eminent engineers, to go over the ground with Mr. Tully, and act with him as consulting engineer in the progress of the survey. In pursuance with these arrangements, Mr. Tully has been actively engaged with a party in completing the survey. The Chicago delegates having engaged Col. R. B. Mason to act as consulting engineer, that gentleman arrived here, by appointment, in November last, and went over the whole of the ground with Mr. Tully. Col. Mason was a week engaged in making his examin- ations, and, on his return, expressed himself highly satisfied with the general features of the country, which he considered peculiarly favorably situated for the construction of the proposed work, with the exception of the heights called the << Ridges this chain of hills he did not consider by any means an insurmountable engineering difficulty, as will be seen by the following exti*act from a letter from Mr. Tully : — Toronto, February 1st, 1856. To the Warden and Members of the Council of the United Counties of York and Peel^ in Council asscmhledy Gentlemen : — “ Aware that strong efforts are being made by the advocates of rival routes for the proposed canal to Lake Huron, to disseminate the idea that the “ ridges” offer an insurmountable obstable to the construction of The survey being as yet unfinished, I am unable to give the Board any detailed information regarding the quantity of excavation, the pro- bable cost or other details of the work. Three lines are under sur- vey and the committee expect to be in possession of full details of the peculiar features of each line, with estimates of the cost in each case, by the iBt of April next. such a work, from Lake Simcoe to Toronto, I addressed a note to Mr. TuUy this morning, requesting him to enable me to contradict such state- ments, and I have now the honor to submit to you the followmg extract from his reply : — [Copy.] Toronto, January 31st, 1856. To M. P. Hayes, Esq., Secretary of the Committee Ontario and Huron Ship Canal : — « Dear Sir, — “ In reply to your communication of this day's date, requesting infbr- mation with regard to the practicability of a work for the construction of a Ship Canal between Lakes Ontario and Huron, I have to state that from recent examinations, and from actual survey, I have no hesitation “ in saying that there are no insurmountable obstacles to the construction “ of the above work. i, “ On the contrary, the explorations have tended to dispel what at hrst “ appeared to be impracticable difficulties. In this opinion I have een “fully sustained by Col. R. B. Mason, the late Superintendent and pre- sent Chief Engineer of the Illinois Central Rail Road, who tra.yelled “ over the whole of the proposed route with me in November last. KIVAS TULLY. ** It is unnecessary for me to urge upon you the immense advantages which would necessarily follow the construction of the proposed work, both in a national and local point of view, but it is highly important that the Committee should not be prevented (by the want of the very limited pecuniary assistance which they ask from the County) from having t e survey vigorously proceeded with, and completed during the approaching session of Parliament. ...,,-111 .. “ Referring to the communications which I had *e honor to address to the Warden of the United Counties on the 10th December, and Slst January, and confirming their contents, I have the honor to be Gentlemen, Your very obedient servant, M. P. HAYES, SurtXary of the Committee of the Toronto and Georgian Bay Canal'* 24 The members of the Oswego committee have honored the Treasurer’s drafts to the extent of .^100. The W arden of the County of Simcoe has paid the sum of ceiOO, voted by the County Council. The committee have obtained subscriptions in the city to the extent of about <£150 in ad- dition to the amount subscribed by the members of the Board of Trade. The Chicago committee have undertaken to pay the consulting engineer, but as it was considered advisable that the survey should be much more extended than was at first considered necessary, further means are required to enable the committee to carry out the understood wishes of the Board and the Convention. It will be seen by the subjoined report of proceedings in the Council of the United Counties of York and Peel, that my application for aid has been favorably entertained, and that a vote of one hundred pounds in aid of the survey was unanimously passed by that body. I insert the proceed- ings in full, on account of the strongly favorable opinions on the project, which the council, composed as it is of practical cautious men, have expressed, and with the expectation that the Warden’s remarks may pro- duce a beneficial effect, by awakening the citizens of Toronto to a true sense of the importance of this improvement. Counties CouNcrL, > Tuesday, February 5, 1856. ) Mr. Gamble brought up the second Report of the Committee on Finance and Assessment. The Report stated that the real ^state belong- ing to the county, without including the lot in rear of the present Court House — the possession of which is now under litigation with< the Corpo- ration of the City of Toronto — is put down at c£27,525 9s. 9d., which seemed far beneath real value. The whole of the rateable property real and personal in the United Counties, as assessed for 1855 is, 6€5,183,600. If that amount were rather more than doubled, say in round numbers ^10,500,000, it would be a nearer approximation to its true value ; con- sequently when 605,000 will cover the current annual expenses of the counties, the amount assessed by the Council within the year has barely exceeded that sum, the rate is a fraction over one-ninth of a penny in the pound of the actual value of the rateable property held in these United Counties. The documents from which these abstracts are made evidence a state of financial prosperity, not second to that of any county in the Province. The Treasurer has placed to the credit of the county the sum of 60319 13s. Id., which with c£87 19s. 6d. previously deducted, amounts to 66418 12s. 7d., being 6610 19s. Id. less than the sum directed to be paid by that officer, by the Report of the Finance Committee in June last. This deficiency arises from the per centage on the non-resident land tax, and the Treasurer declares that he has paid over the whole of the money received by him on that account since the provisions of the By-laws, Nos. 5, and 21 came into force. The next important matter to which the COUNCIL IN COMMITTEE. On motion of Mr. Gamble, the Council went into Committee of the whole on the Finance Committee’s Report. Mr. Bridgeford in the chair. On motion fbr the adoption of the first clause^ the ^Varden stated that the city did not claim the property referred to, but claimed to have a contract made between the city and the District Council, and they intend to file a bill in Chancery to compel the County Council to carry out that contract. The question as to the real owner of the property was a differ* ent thing. Mr. Gamble said, with regard to the Deed of Trust, he believed he was the oldest surviving Trustee. He thought it possible that the deed might be found in the office of the Clerk of the Peace. On the motion for the adoption of that clause of the Report which re- commended the Council to grant dClOO in aid of the Ship Canal, the attention of the Committee was called was the application from the To- ronto Board of Trade, made through Mr. Hayes, Secretary to the Com- mittee for the Toronto and Georgian Bay Canal, asking for the grant of money from the Counties to aid in liquidating the expenses of a survey between lakes Ontario and Huron, now making for the purpose of ascer- taining the practicability of constructing a ship canal to connect these two lakes. This project of a ship canal, if possible, is unquestionably of immense consequence to the United Counties. It would not only open up a ship navigation from the head of Lake Superior to the ocean, thus forming a new outlet to the carrying trade from the vast grain-producing countries of the west, through the very centre of the United Coimdes, with Toronto for its port on Lake Ontario ; but the very numerous locks that must pervade the entire length of the canal would also furnish the means of supplying machinery to manufacture the exports of grain on its way to the sea-board, and might, in addition, supply Toronto with an almost unlimited water power, and the means of making it at once both a great commercial mart and manufacturing city. To ascertain whether these advantages are within our reach is the object of the survey now making, and the question so deeply involves the interest of these Coun- ties, that the committee are of opinion that they should contribute I towards defraying the expense, and therefore recommend that the sum ! of c£ 100 be granted for that purpose. The report next alluded to the accounts rendered to the Registrar for making extracts from his books I for the new Registry office of the county of Peel. The amount was X275 14s. 7d. The committee consider that the County of Peel should bear this expense. The application of Heniy May, late turnkey in the jail for aid in consequence of loss of health while in that situation, and con- sequent inability to attend to the duties ; while the committee would not wish to make any precedent ot granting pensions, yet from the fact that May has been 13 years a turnkey in the jail, and being now entirely di^ abled, they recommend that a gratuity of <£25 be given him. The appli- cation from the Court House keeper was also taken up, and the commit- tee recommended that a small addition be made to his salary. 28 up«„ i. » -• iSl“S» that was ever in the ^ uroDOsed, likely to do the amount of good Xh^Wrone Xld, if cons?ruLd. He had no doubt that it wo^d 1 X Phv of Toronto only second to New York in America. No “her cUy but New York woufd have the advantages which Toronto will We if that canal is constructed. The whole of that vast extent of country west of Lake Michigan must come this way, and they could not estimate Te weal* and resoLces of this far West. It will not only bring the whole of the produce of that vast country this way, for no o*er route could compete with it— for nature has made it the most available, and Xt direct route to the ocean-but it will make the whole county one “ontinuous city along its route. If .£100 would enable them to complete Srvey.he was sure posterity would never blame them for having voted it, Ini if ten times that amount would put the matter beyond doubt they would be justified in voting it. As for the time when th^work would commence that would be for the City of Toronto to say. He wm sorry to see that the City of Toronto had been dormant so long imnortant work. They had excited themselves to get an Esplanade beLuse they considered it would be of advantage to them, but he could not understaL why the merchants of Toronto had allowed this matter to lie over so long. Since it has been talked of they have done nothing. No report had been issued by them, while exertions had been made to bring the old middle route again before public notice, and the Montreal people had been stirring themselves to get the route by the Ottawa again into favor, although they seem to be losing hope of a canal now, and we speak- ins of a railway. But should a railway be constructed it would m no way interfere with this canal. He thought the most strenuous exertions should be made to bring this matter before the Legislature in its strongest li^ht, and if the report of the survey was anything feasible, he did not think that any amount of money would be too great to expend upon its construction. The clause referring to the amount chargeable for the extracts of the New County of Peel, caused a good deal of discussion, and wm ultimately withdrawn. The clause in reference to the gratuity to Henry -Way, caused some discussion, and was voted down ; the majority approving ot a personal contribution, which was immediately entered mto, and a large sum subscribed. . j j „„ The Warden having resumed tho Chair, the report as amended was adopted, and the Council adjourned. Application has also been made to tho City Council for a grant in aid of the survey, and should that body not deem it expedient to appor- tion some funds for the purpose, it will become necessary for the Board of Trade, in conjunction with the general committee, to take measures for the procurement of the sum still required. In the absence of any precise information from the engineers as to the d etails of the work, and its probable cost, the committee have \ 27 deemed it expedient that I should furnish the Board with such general information and statistics bearing upon the financial prospects of the canal as I may be able to give. With this view I have prepared the small skeleton map which accompanies this report, and which may be useftil in illustrating the following remarks : — The subject naturally divides itself under several heads, which are probably most succcinctly stated by the questions which present them- selves at the outset, namely : 1st. What are the advantages which would follow the construction of a canal from Toronto to the Georgian Bay on Lake Huron 1 2nd. Are these advantages sufficient to warrant the construction of the work in a national, commercial or military point of view ? 3rd. Upon what trade would the canal depend for its revenue, and what amount of outlay do the reliable statistics of that trade or such por- t tion of it as may safely be calculated to use the canal warrant, with a I view to remunerative returns i i 4th. What would be the effect of the canal upon the existing public ? works of a similar nature in the Province, if injurious, to what extent, and if beneficial, how much so, and is such advantageous action likely to I be permanent ? 5th. Is it a practicable work within such an amount of cost as is fully warranted by the answer to question three ? ; With reference to its practicability — the water of Lake Simcoe is 469 f feet above the level of Lake Ontario, and 109 above Lake Huron* ; it follows, therefore, if Lake Simcoe is to form a portion of the navigation, that lockage to the extent of 578 feet, or 44 locks of 13 feet 6 inches j i. each will require to be constructed. Of these locks 34 will be com- r prised in the distance 28 miles from Toronto to the head of navigation fl on the Holland River. This river is now navigable for vessels drawing f i about 6 feet for 9 miles from its confluence with Lake Simcoe. The ' I darning of that lake at its northern outlet, near the entrance of the Severn, would probably raise the water of the Holland River to 8 feet, the remaining 4 feet would be produced by dredging. The river flows j over a loose muddy bottom, through which a pole can be easily driven 7 or 8 feet, and is already in several places of nearly, if not quite, the required depth. If the Nottawasaga route is adopted, we have 28 miles of canal to [ make from Toronto to the Holland River, 9 miles of river navigation to ♦ Bouchet u 28 improve. 22 mile, of natural navigation by Lake Simcoe to Bame at the^ head of Kempenfelt Bay, 10 miles of canal to cut to the Nottawa- faga River, and 25 mUes of the navigation of that nver to trnprove m order to reach Lake Huron at the foot of Nattawasaga Bay. The Nottawasaga carries a depth often feet ibr about 4 mdes from tts mouth, and the remaining distance can be easily made navigable. If the Matchedash Bay route is adopted, the canal from Toronto m the Holland, and the improvement of that river, would be the same as m the last mentioned route. The navigation of Lake Simcoe would be avaUable for its entire length, requiring the dredging of i of a mile at the Narrows; a canal of 9 miles should be made at die north-eastern end of Lake Couchiching, to connect with the North River ; and that stream should be improved for the remaining seven miles to its entrance into Matchedash Bay this river is now navigable, with 5 feet water, over a soft bottom, for miles of that distance, and is, in many places, 12 or 14 feet deep. From its entrance to the mouth of Matchedash bay there is an easey channel with not less than 6^ feet water, ei^ept just at the mouth of Coldwater River, where a loose deposit, about 200 yards wide, has been farmed by the silt brought down by the latter stream ; there is only 4j Jee^jv^ on this bar. The distance from the North River, through Matchedash Bay to Sturgeon Bay, is 5 miles, pari of which would require to be deepened, and a few boulders removed. In Sturgeon Bay we have deep water, good anchorage, and shelter from every wind. My object in thus briefly describing the two routes is not for the pur- pose of instituting comparisons between them, but to supply, as far my personal knowledge of the localities enables me, a few of their leading features for the information of the Board, and it must be borne m mind that the engineers are in no way responsible for any of my statements, as they are made entirely on knowledge derived from personal e.Kamina- tion. The ultimate decision on either or any route must be made upon full professional reports of the relative costs and advantages of all the routes which may be examined. My object is to shew that the country possesses the chief characteristics upon wliich the practicability of such a work depends. The proposed canal across the Isthmus of Suez, to admit vessels draw- ing twenty-six feet of water, would probably have been commenced ere this, if it were not for the impossibility of constructing a harbour at the * These depths are from soundings made by the writer last Summer. ois ^:es il« 0L ■M 5jre m fof .apk lit lie m it,! In mi ad rdl resources. and requirements. g. My principal object in making this division of the trade, is to meet the ® objections of those who may suppose that the Georgian Bay Canal would enter into injurious competition with the Welland Canal, aud therefore be inadvisable on national grounds, but it will be at once admitted by a any one conversant with the country, that the trade comprised within * the first division above alluded to is far more than sufficient for the ^ capabilities of the Welland, and will before many years imperatively J call for duplicate locks and increased depth of water in that work. 'fhe bulk of the trade from Lake Michigan to Buftalo, is carried in a class of sailing and steam vessels of too large a size to pass through the > locks of the Welland. Mr. Jarvis in his report to the Canadian Gov* b eminent on the prospects of the Caughnawaga Canal, gives a table of J 4S propellers employed (1853) in the trade between Buffalo and jj Chicago, of which only eleven are small enough to pass through the locks of the Welland. f There need be no apprehension then that the Georgian Bay Canal ^ would operate injuriously upon the trade of the Welland Canal. With regard to the nature of the trade upon which our canal would i depend I cannot do better than to quote from the remarks of one of the Chi- i cago Delegates at the Convention of September. Mr. Bross shows that the territory which would be tributary to the Georgian Bay Canal, is more I than equal to the territory of thirteen oWei states of tht American Union in extent of country, fertility of soil, salubrity of climate, and that this territory is rich beyond computation in mineral wealth. “It con- tains the largest and the richest deposits of lead and copper that are known to exist anywhere upon the globe.” This territory is vastly more fertile, and capable of sustaining a population many times larger than all the older states of the Union. There are 700,000 square miles of as fine a country as can be found upon the face of the earth, embraced within tliis area and beyond the range to which Mr. Drosses remarks were confined, we have the Rocky Mountains with extensive valleys more beautiful than those of Switzerland, and capable of sustaining a population twelve limes as large. Mr. Bross concludes by saying : “ And now, Mr. President and gentlemen, with the vast extent, and the endless agricultural and mineral resources of the country west of the lakes before us, what is the commerce of these lakes to be in the next twenty years ? It is settling with the most astonishing rapidity. Our railroads are piercing this vast territory. They now reach the Mississippi at Cairo, Alton, Burlington, Rock Island and Dubuque ; and more than a hundred (rains a day arrive and depart from Chicago. They will soon be extended through Wisconsin, Minnesota and Iowa — and no one can tell where they will end till they reach the Pacific. If products of the West gathered from only 50,000 square miles, have built up a city of 83,000 people in the short space of eighteen years — for it is only a few months more than that since it was incorporated — who dares to estimate what the next seventy years will accomplish? I once heard Captain Hunuvin, a veteran sailor of our city, who commenced his eventful career on Lake Ontario in 1812, after referring to the growth and the endless prospective value of (he products of the West, say that the great God when he made the mighty West made also the lakes and the mighty St. Lawrence to float its commerce to (he ocean and I might as well attempt to lead the boiling ciirrerrt of Niagara to the sea in a hosepipe, as to ship the products of these 700,000 square miles to the ocean by the Erie and the Welland Canals, and all the rail- roads now or hereafter to be constructed. _ The West needs the Georgian Bay Canal and every other avenue to the ocean that can possibly be opened.” I am not in possession of any data upon which to form a statistical return of the lake borne trade of the towns and cities lying along the west shore of Lake Michigan, from Chicago northward to Green Bay; but in estimating the trade of that lake, I think we are quite safe in considering the export and import trade of all these ports, together with the trade of Lake Superior, at least equal to that of Chicago. The tables and remarks upon the trade of Chicago, from the columns of “ The Weelily Press^^ which are appended hereto present an array of 34 facts well worthy of consideration in connection witfi our canal project. If we estimate the trade of all the other ports of Lake Michigan, and the mining trade of Lake Superior united, as equal in bulk to the import and export trade of Cliicago, we have an aggregate total of 3,217,690 tons of shipping arriving at the various ports on these two lakes in one year. 1 arrive at these figures by doubling the tonnage of vessels which arrived at Chicago last year. I think we are quite safe in estimating that, in five years the lake trade will be so increased as to give ample employment to all existing outlets and furnish an amount of tonnage moving up and down on the Georgian Bay Canal, equal to the whole of the present trade. ^ If, in order to be at the safe side in our calculation, we leave out the odd figures, we have three million tons of movement upon which to base our calculations for income. The average toll paid on the Erie Canal is 6 mills per ton per mile; taking the Georgian Bay Canal to be in round numbers, 100 miles from lake to lake we have 60 cents per ton, or 3 cents per 100 lbs. toll for the entire distance, equal to about 2 cents per bushel for grain ; this would give a return of four hundred and fifty thousand pounds per annum, equal to the interest at 6 per cent, of seven and one half millions of pounds, currency. It must be borne in mind that the above rate of toll per mile, though a heavy burden, when multiplied by the length of the Erie Canal, is an exceeding low rate on a work like this, which would render available so great a chain of natural navigation. The cost of fuel alone, which would be saved to a propeller bound eastward frjm Mackinaw, by using our route In place of St. Clair flats and Lake Erie, would warrant a toll many limes larger, not taking into account the saving of time and advantage of avoiding the risks ol Lake Erie. Taking the same average rate per ton per mile as is charged on the Welland Canal, two million tons of property moving up and down on the Georgian Bay Canal would give a revenue ^€516,666 cy. per annum, or interest at 6 per cent, on over eight millions. As before stated, I have no reliable data upon which to form even an aproximate estimate of the cost of the proposed work, but these figures would evidently warrant an outlay far beyond its possible requirements. The existence and steadily increasing growth of the trade upon which these calculations are based is a fact beyond question, but it is argued that no canal with such an amount of lockage as this would have, could possi- bly pass so great a quantity of tonnage. The Erie canal in 1853 carried, ) I I including the local traffic, over two million tons to the sea-board, andjif that work, with its very limited comparative capacity was capable of transport- ting 2,000,000 tons, 1 do not think it is at all unreasonable to expect that the Georgian Bay Canal, constructed, as it would be, with every modern engineering improvement, and ample capacity for the largest class of lake vessels, should be capable of passing one half as much more. Reducing it to actual practice I find that, in order to carry 3,000,000 tons (up and down trade included) the canal would have to pass, in all, three thousand vessels ot one thousand tons burthen each, and countinsr 234 working days to the year, we have 120 vessels of that size to pass in 24 hours, or five vessels to be locked through each lock in an hour. The locks would, of course, be either double or built wide enough to pass two vessels of that tonnage together, or a larger number of vessels of a smaller size. A vessel 180 feet long, 35 feet beam and 13 feet hold, built according to the models best suited to the lake trade, would carry 1000 tons on a draft of about 11 feet water, and it is quite possible, to have the locks constructed so as to pass two such vessels at one time, if necessary. But even passing one at a time, five vessels in an hour is within the capacity of a well constructed lock ; those of the Sault St. Marie Canal are 300 feet long and 75 feet wide, so that there need be no fear on the ground of incapacity in the work to accommodate sufficient trade to insure profitable returns. COMMANDING ADVANTAGES OF THE GEORGIAN RAY CANAL, With respect to cost of transportation and consequent heneftcial effects upon the interests of the Canadian Canals and shipjnng ports of the St. Lawrence. Independent of the immense advantage (particularly in the transport of grain) of passing the property through from the western shipping port along-side the ocean vessel in an Atlantic harbour, without breaking bulk, an object so desirable in itself, the question of distance tells powerfully in favor of this work, when placed in competition with any of the exist- ing channels of water communication. This branch of the subject is best illustrated by reference to the accompanying skeleton map, and the table of comparative distances marked in the margin. It will be seen that if Quebec is taken as tlie shipping port, we have an advantage of over six hundred miles in the item of distance alone, equal on the trans- port of a ton of produce to four dollars at ordinary rates, as compared with the present route by the St. Clair River and Lake Erie. The most important point in this connection, is to show that by 'the construe- tioii of the Georgian Bay Canal, Canada would offer to the western trade a channel to the sea board, possessed of such advantages as would com- rruind the trade, and make Montreal and Quebec the depots for a large share of commerce, which they would otherwise be no partakers in. The cost of transporting a ton of flour or grain from Chicago to New York, by sailing vessel or propeller to Buffalo, thence by the Erie Canal and Hudson River to New York, may he estimated as follows Average lake freight, Chicago to Buffalo ^o'«o Transliipmenl at Buffalo, and cooperage port Canal freight, including tolls to Albany Transhipment at Albany, canal boat to river, barge, and ^ cooperage River freight to New York * §12.40 At the opening of navigation last year, much higher freights were paid than have been set down in the above estimate ; 25 cents per bushel in some instances was paid from Chicago to Buffalo equal to ten dollais per ton. My estimate is ten cents per bushel, which is a low average. Now a vessel of 800 tons burden loading at Chicago, could deliver her cargo along side the sea going ship in Montreal, or even in Quebec Harbour, by way of the Georgian Bay and St. Lawrence Canal, in at shorter time, without hreaking hulk, and make profitable returns to her owners at 403. cy. per ton, shewing a saving of over §4 in addition to the immense advantage of an unbroken voyage, which in respect to rolling freight would be in itself sufficient to command a very large share of the trade, even at equal freights. As the latter route is yet untried, and we have no actual practice upon which to base our estimate of 403. per ton, it may be well to give the data upon which it is furnished. A vessel of 800 tons burden, builders measure, adapted to the lake trade, built and furnished in a substantial manner, would cost c£8000 cy.. The interest at ten per cent, on this outlay. . . *£800 0 0 Sixteen men averaging $20 per month, 7 months.. . . 560 0 0 One captain $60, two mates $30 and $25 20 L 0 0 Provisions at $12 per month per man 336 0 0 Contingent expenses for the season 250 o ^ Insurance on oGOOOO cy., 5 per cent 300 0 0 1 i t t I f r I c \Yorkinc: expenses for the season including ten per cent, on the cost 662447 0 0 At 40 shillings per ton, her gross earnings, per trip (down freight only) would be <£1600. Taking three trips in the season, (a safe estimate) we we have gross earnings *£4800 0 o From which must be deducted canal tolls, viz. — Georgian Bay 2400 tons at 3s. per ton £360 0 0 St. Lawrence Canals, the same 360 0 q Towage through from Lake Huron to Lake Ontario 50 0 0 Towage on St. Lawrence (not always neces- sary) • 60 0 0 Towage, Montreal to Quebec (not always necessary)..^.^ 75 0 0 £905 0 0 Nett earning for the season -£3905 0 0 From which deduct working expenses 2447 0 0 And we have a margin of. - £1458 0 0 to cover contingencies and deterioriations in value of the vessel, and also the benefit of whatever up freight may be got for profit to the owner ; I think therefore that 40s. per ton may be set down as a very liberal esti- mate of the cost of transporting produce by the Georgian Bay and im- proved St. Lawrence Canals from Chicago to Quebec, and that it allows fully as great, if not a much greater margin for close competition and reduction of freight, than the sum set down as the cost by the Erie Canal to New York. An argument has been advanced in favonr of the construction of this canal, and the deepening of the St. Lawrence navigation, which (know- ing it to be unsound) I wish to put aside at the outset, it is that vessels may be constructed so as to carry their cargoes through from Chicago or other inland ports to Europe. This idea must be abandonded at once as untenable, and arming the oponents of the improvement with a pow- erful argument, if the claims of the work to public fevor were made upon any such untenable grounds. Practice proves that for long sea voyages, the most profitable vessels are those from 1200 to 2000 tons burden, drawing 18 to 26 feet water, they require to be coppered and copper fastened, expensively rigged and fitted, and are altogether different from, and far more costly than the vessels best adapted to lake and canal trade. The rig is different, every thing in short connected with the two trades is quite distinct, and neither at all applicable to the uses of the other ; twelve feet is the deepest 38 draught which can be profitably used on the lakes, and even that draught requires the deepening of several harbours ; let the promoters of the improvement of our inland navigation abandon the idea then, that ocean ships can ever profitably be employed in the trade between inland and foreign ports, and adhere to established practice, which gives such over- whelming advantages to the route which can alone offer unbroken trans- port in the best paying class of vessels from the far west to the ocean. The Hon. John Young, member for Montreal, and the Hon. Hamilton Merritt, member for the County of Welland, seem from their speeches in Parliament on the 20th inst., to be fully alive to the importance of com- pleting the public works of Canada; Mr. Merritt says We have our minds filled with the idea of railroads. What can they do ] Carry a few hundred thousand tons of freight. But cast your eye over our Western country, embracing five hundred thousand square miles, and consider the advantage which would accrue from the production of this great country. The St. Lawrence is by far the shortest route for a passage from the west to England. Through this channel of transit freight can be carried from England to Chicago via St. Lawrence, cheaper than by New York or any other route. Have we the trade of the West] No, not even of Western Canada. Is it not lamentable that flour can be carried from the lakes cheaper by New York than by the St. Lawrence. What is the remedy for it ] It is to complete the public works. The government should be subject to the reproach of the people, that so slight an obstruction as the removal of three bars in the St. Lawrence, in order to render the navigation per- fect to Quebec, should have been so long delayed. The importance of the proposed Champlain Canal is evident. It is objected to in a financial point of view. But consider for a moment a parallel case. It is known that the Erie canal has been enlarged, and the toll on flower is now 22 cents per barrel. This canal has not only paid the interest on the capi- tal, but also yearly put into a sinking fund $1,850,000, for the payment of the capital. They have a constitution which the Legislature cannot repeal. When this canal is paid for in all there will be no necessity for tolls, and it can then afford to carry flour to Albany at a toll 2J cents per barrel, and, perhaps, take it free of expense. What we should do is to divert the trade from this great thoroughfare to modes of transit through our own country. Now contrast this Erie Canal with our own canals. Not only do our canals not pay anything into a sinking fund, but they do not even pay the interest on their debt. The St. Lawrence canal does not pay its expenses. When we ask for money, the reply is, we are in debt. Yet gentlemen should consider, when raising this cry, whether the proposed use of the money will enfail a debt. If it pays its own way, it is no debt. The obstructions in the St. Lawrence and the con- struction of the Champlain Canal, demands the serious and immediate attention of the Government. The Hon. Mr. Young said — he would glance at the present condi- 39 tion and future prospects of the trade of Canada, and they would see what evidence there was of the importance of these subjects. Previous to 1847 the whole of the trade of Canada, and 'of a large portion of the Western States, was forced through the St. Lawrence. Upper Canada could then neither export her produce nor bring in her imports by the United States. A change was then made in the imperial policy, and they were enabled to send their produce through the United States in bond, and to bring their imports in the same manner. The canals were finished in 1849, and a cargo of wheat admitted through them from the Western States and ground in Montreal ; but the gross receipts did not enable them to compete in this operation with the United States. The whole course of this trade has now completely changed by the effect of reciprocity, which has not only enabled the American producer to send his produce through in bond, but opens the markets of the United States for consumption as well uS for export. Let them look at the results of this. The receipts of the season at the port of Montreal were of flour 443,000 bbls., of wheat 634,000 bushels, making, with ^ther grain, a total amount of 3,424,000 bushels, but of this amount only 341,000 bushels were exported ; th® whole of the remainder was taken for food by the people of Lower Canada. When they looked at the fact, that property could be moved from any port on Lake Ontario to New York at the same rate Qs from Montreal to New York, it was evi- dent that the trade must continue to flow through that channel unless superior means of transport were opened. What makes the present state of trade so alarming is the fact that the State of New York is beginning to enlarge her canals to such an extent, that unless some measures^are devised fbr the increase of our means of transportation, we shall not be able to compete with them. The receipts at the port of Montreal had very much decreased of late years ; in 1847 they were exactly double what they are now. Since the new crop came in of one million five hundred thousand buchels of wheat. Lower Canada had only received 128,000 bushels— and since the month of July the whole receipts at Montreal have been only two cargoes against 1,500,000 bushels entered at the port of Oswego— and however prosperous trade mierht be in Upper Canada it •:?cs in a very depressed condition in Lower Canada— and he saw do means of remedying the present state of thinp, but by the promotion of public improvements. He was satisfied that the people of Upper Canada would be better pleased if they could transfer to the St. Lawrence the whole of their produce, and receive all their imports by the same way. The sums given by the peo^e ot Upper Canada to American forwarders and to the State of New York, were very great, amounting to one hundred and twenty-five thousand pounds. It were highly importsnt that the great public works of this country should be made available for the purposes of revenue ; and that the interest of the cCI.OOOjOOO expended on their construc- tion should be saved-and this could be done; it would be well worth the attention of the Government. There was one statement which he would make, and which he thought could bo easily proved, and that was, that the 250 miles of railway now in operation, and the 250 more that were in course of construction, could never be made available for carrying such bulky goods as flour and wheat to market, as they could not compete, in point of cheapness, with water communication. Unless other means of transport are found, the trade must go through the lakes to Oswego, and thence through the States to the sea-board. The increase in the trade of the Western States was beyond calculation, and of 34,000,000 bushels, which have moved from west to east in the year 1855, only 3,000,000 have gone by the St. Lawrence. Allusion had been made to the canal from the St. Lawrence to Lake Champlain, and that was one of the remedies which should be adopted. The Wel- land Canal should also be enlarged for the traffic from the west was increasing so largely that any expenditure by which that trade could be brought to this country ought to be allowed. These works must be undertaken, no matter what expenditure they might entail on the country, for that was the only means by which the trade of the country could be brought back to the St. Lawrence. I introduce these extracts to show how vitally important to the pros- perity of Canada, is the construction of a connecting link between the existing Provincial public works of the St. Lawrence, and the trade of the West, upon the transport of which these works depend for their returns. It is to a certain extent extraordinary that men of enlightened views, such as the gentlemen from whose remarks I have been quoting, should have entirely overlooked the only really practicable and effective means of making the existing works productive* which is afforded by the construction of the Georgian Bay Canal. It is futile to talk of building a canal to connect the St. Lawrence with Lake Champlain, unless you first enable the trade which you want to attract, to reach the St. Law- rence. It is like clearing the tail race of a mill in order to draw down the water which is blocked np at the junction of the feeder and the mill pond. It is also idle to talk of enlarging the Welland Canal, as a mea- sure adequate to the end in view. The Welland Canal is a highly important work ; and as before remarked, the trade of Lakes Eiie and St. Clair, which properly belong to it, will, undoubtedly, call for its enlargement before long ; and there are probably no persons in Canada more fully aware than Messrs. Merritt and Young are of the utter inade- quacy of that work, under any practicable system of enlargement, to accommodate or to attract a sufficient portion of the western trade into Canadian channels, to make the St. Lawrence improvements profitable. The channel of communication which is to effect what may be called a revolution in the course of the western trade, must offer commanding advantage in cosi^ and manner of transport^ in order to induce ship- pers to use it, and to be effective for the object in view. I maintain that 41 the Georgian Bay Canal in connection with improved navigation of the St. Lawrence, admitting vessels drawing twelve feet water would possess all the requisites to enable us to defy competition in the carrying trade between Europe and the vast producing regions of the West. I have previously shewn that freight can be carried at $4.40 per ton cheaper from Chicago to Quebec by this route than it can under existing circumstances be carried from the same point by the Erie Canal to New York, with the additional advantage of an unbroken voyage. The same advantages will apply to the voyage from Chicago to New York by our route, as soon as the Caughnawaga Canal is completed with the same depth of water, and the navigation from Lake Champlain to the Hudson correspondingly improved, with this very important addition, that the up freight from New York to the west will help to reduce still lower the comparative cost of transport by the Ship Canals. Lt will be urged in objection, that when the contemplated improve- ments of the Erie Canal are completed that the tolls on that work will be reduced, thereby lessening the cost of transportation ; and Mr. Merritt entertains the view that probably in a few years, when the Erie Canal has paid for itself interest and cost, as it is now rapidly doing, that it will not be necessary to charge any tolls on that work, so that produce would pass as through natural navigation, with merely the expense of the means of transport. Let us deduct the toll now chargeable on the Erie Canal from our calculation of the cost of transport on both routes. Mr. Jarvis, in his report to Hon. Mr. Chabot on the Caughnawaga Canal, says, (p. 9,) 6 mills per ton per mile may be taken as the average toll at present chargeable on the Erie Canal ; this is equal to $2.40c, which would have to be deducted from $12.40c, the present freight on a ton of produce from Chicago to New York, by the Erie Canal, leaving still, however, $10 against $8, the cost of the transport by our route, from Chicago to Quebec. It is therefore plain and indisputable that, even admitting the opponents of the Georgian Bay Canal, all the advantage of carrying property over the Erie Canal, entirely free of toll (a con- sumation which is at least problematical,) the Canadian route, with this link completed, would still be able to compete on advantageous terms with that or any route which can be found. In years when the prices of grain and the other staple products of the West rule high, and the item of freight bears but a small proportion to the value in the European or Atlantic ports of consumption, a difference of $2 per ton in the cost of transportation to the sea-boaid may not f be very sensibly felt, nor would it be sufficient to produce a complete revolution in the course of an established trade, but let the price of wheat come down to 30s. a quarter in England, and other grains be re- duced in proportion, and I am satisfied that the port which could put the grain on board the ocean ship $2 per ton lower than any other port, must command the trade, taking it for granted that her merchants shew themselves equal to the position which their locality would give them, and that her facilities for ocean transport are not inferior to those of her competitors. In the preceding sections I have endeavored to present the project in its Canadian or national aspect, and to illustrate the beneficial effects which would follow its construction upon the existing public works, and ocean shipping ports of the Province. The financial prospects of the work as an investment of capital have also been imperfectly commented on. The practicability of the work is proved by the engineers’ opinions previously quoted, and I have given such illustrations of the leading characteristics of the country, as my personal observations enabled me to furnish. The advisability of the work, in a military point of view, no one can dispute, as it would insure to Great Britain the control of an uninterupted chain of water communication from the ocean to Lake Huron, for vessels of deep draft, within her own territory; and if at any time it should unfortunately happen that the amicable relations which have so long and so beneficially existed between the two countries should be interrupted, the command of Lake Huron would be a powerful engine to preserve peace in the first instance, and failing this, if war should eventuate, the control of that lake would be of immense importance to both or either party. It presents, in this point of view, also, an immense advantage over any far inland route, inasmuch as war vessels, while employed in the transport of troops, would also be enabled to act as powerful protectors of the Canadian borders and Canadian trade on the St. Lawrence and Lake Ontario. It remains to consider the project in its local aspect, and its effect upon the progress of Toronto and the Counties of York, Ontario, Peel, and Simcoe. As regards the city its effects would undoubtedly be highly beneficial. Many persons conversant with the operation of improve- ments of a similar nature to this, upon the towns which form their ter- mini, and who, from their acquaintance with the trade which this Canal would command, are competent to judge, have expressed the opinion that the Georgian Bay Canal, if completed as proposed, would, within ten years from the time of its completion, make Toronto a city second only on the American continent to such cities as New York, Boston, Philadelphia, and New Orleans, in population, wealth and commerce. Independent of this general view, the direct practical effects of the work are well worthy of consideration. According to the result of the examination so far, the canal, if constructed, will enter the bay either at the Queen’s Wharf, or through the valley of the Don ; in either case there will be a channel, with an abundant supply of water, carried along from west to east, on the high ground, immediately in rear of the city, so as to afford unlimited water power, with ample fall for milling and manufacturing purposes, as well as for the supply of the inhabitants, and extinguishment of fires. This branch of the subject has, however, been so ably handled in Mr. Hartman’s speech in the County Council (see page 25 ante) that it is quite unnecessary for me to enlarge upon it. As regards the counties, 1 believe there is but one opinion among the farmers and land owners, who are interested in their improvement, as to the immensely beneficial effect which the construction of the Georgian Bay Canal would have upon their prosperity and progress. Independent of the enormous traffic which would flow through this channel “ enriching as it went,” the canal would afford almost unlimited water power at various points along the line. Mills with every modern improvement would rapidly spring up along its banks, and in place of sending our wheat in the shape of raw material to be ground with the wheat of the western prairies at Rochester and Oswego, as is now so largely practised, to the serious prejudice of all tradesmen connected with the manufacture of flour in Canada, we would ourselves become the importers of the western grain, it would be ground on our own soil with the produce of our own counties. The country between Toronto and Lake Huron would become the great grain and provision depot of America and consequently of the world. Our own architects and artizans would build these mills, our own mill- wrights would fit them up, our forests would furnish the timber, our coopers would convert it into barrels, and in brief all the advantages which the manufacture of a staple article (not subject to disadvantages of more elab orate manufactures of fabrics) would follow the construction of the proposed canal. I fear that my communication will be considered too lengthy, but the 44 importance of the subject must be my apology, and when I assure you that I have only touched upon a very few of the advantageous aspects in which the project may be viewed, the council will readily excuse the length of my report. I have the honor to be, Sir, Your very obedient servant, ' M. P. HAYES, Secretary to the Committee of the Toronto and Georgian Bay Canal J. W. Brent, Esq., Secretary Toronto Board of Trade. TABLES OF THE TRADE OF CHICAGO. The appended table shows the shipments of flour from this port by lake, for a series of years : — SHIPMENTS OP FLOUR BY LAKE FOR TWELVE YEARS. year. BBLS. 1850 100,871 1851 72,407 1852 61,196 1853 70,884 1854 58,573 1855 77,082 year. BBLS. 1844 6,320 1845 13,752 1846 28,045 1847 32,538 1848 45,200 1859 51,300 SHIPMENTS OF FLOUR FOR THREE YEARS. 1853. By Lake bbls Canal Galena Railroad Mich. S, “ Mich. C. “ Rock. Is. “ 111. Cent. “ 111. & Wis. “ C. & Miss. “ City consumption and balance on hand 56,940 70,980 1.107 445 661 988 1884. 58,573 520 3,394 27,361 15,476 457 1,726 96 10 116,045 1855. 77,082 372 2,825 31,335 51,041 604 160 156*893 Total 131,130 224,575 320,312 LEAD. Our receipts of Lead have the last year more than doubled. This is a natural consequence of the completion of the Galena and Illinois Central Railroads, leading directly to the mineral districts, and was fully anticipated in our last annual report. The principal receipts are, as to be expected, by those two routes : RECEIPTS OP LEAD FOR THREE TEARS. 1853. By Lake, lbs 108,150 “ Canal 1,206,607 “ Galena Railroad 1,759,000 “ Rock Island “ “ Illinois Central Railroad “ Chicago & Mississippi Rail Road 1854. 140,000 35,463 4,051,346 14,455 ”'V,864 1855. *1,250 6,071,653 4,247,128 9,965,950 Total 3,253,763 45 ■HIPlTBIfTS Of LBAD FOB THREE TEARS. By «« *4 44 Lake, lbs, Michigan Southern Rail Road Michigan Central “ Rock Island “ Illinois Central “ Consumed and on band ...... Total 1853. 1854. 1835. . 3,100,990 2,591,033 3,117,840 ^ 151,650 127,015 22,120 1.810 85 1,123 1,527,185 6,825,990 3,253,763 4,247,128 9,995,950 TOTAL RECEIPTS OP LEAD FOR POUR YEARS. 1852. 1883. 1854. 1,357,327 3,253,763 4,247,128 1855. 9,965,950 STEAM AND SAIL TONNAGE, The steam and sail tonnage passing the St. Clair Flats during the season of navigation may be put down at 2,000,000 tons. There are now laid up in winter quarters in the harbor of Chicago, 6 steamers, 13 propellers, 5 steam tow-boats, 24> barques, 25 brigs, and 160 schooners — total, 233, the value of which is not much, if any Ipss than $2,000,000. The following table shows the number and torinage of vessels arriving each month, for the season of 1855 : HUMBER AND TONNAGE 0» VESSELS ARRIVING AT THE PORT OP CHICAGO DHRING THB SEASON OP 1855. Months. Steamers. Propellers. |j Barques. || Brigs. Schooners. Sloops. Total. Tonnage. 20 8 6 34 12387 April 44 10 10 214 4 282 76059 May - 68 38 19 61 459 7 652 150750 June. 54 63 23 62 499 6 707 167090 Jnlv 42 47 29 85 594 2 799 170189 A ii0nst 53 60 28 95 588 5 820 196758 Septembf^p i 49 56 27 63 480 2 677 170422 October 48 60 23 62 551 1 745 181354 November 40 36 22 53 408 1 560 142872 December 16 11 6 14 77 1 125 39164 Total 434 381 177 505 |3878 35 5418 1316045 Total... 100/0 OO Arrivals unreported Total in 1854- Increase in 1855 6610 1708845 5021 1092644 1589 516201 It is estimated by those well qualified to judge, that there have been at least 1 200 arrivals during the season not reported at the Custom House. If to the number given in the above table these be added, we have a total of 6,610 vessels arrived, with an aggregate of 1,608,845 tons burthen. E 46 WHEAT. Within a very few years the wheat crop of the Western States has increased to an almost incredible extent. Upon this and kindred matters, the late U. S. Government returns afford but a slender criterion upon which to judge of the present production. The wheat crop of the State of Illinois for 1849, which it is well known was less than an average, is given by the U. S. Census returns at 9,414,575 bushels. The crop of 1855 is without doubt double that of 1849. From most reliable returns in our possession, the estimate of the crop of the State, as publish 1 in this paper a few days since, is placed at 20,000,000 bushels, and this estimate is believed to be under rather than over the actual yield. No better evidence of the increase of the crop of the State, and what is true of this State is, in a less degree perhaps, true of other Western States, than the receipts at this point for the last few years. In 1852 the total receipts of wheat at this place were less than 1,000,000 bushels. In 1854 it was thought to be a wonderful increase when they had swelled to 3,038,955 bushels; and so indeed it was. But what shall be said now when the figures for the last year give us a total receipt of 7,535,097 bushels, and a shipment of 6,298,155 bushels— an amount exceeding that of any other port in the world. CORN. The Corn crop of the State of Illinois is a theme of no meagre proportions. There is no country in the world which, in promise, can begin to equal ir. In comparison Ancient Egypt descends to a subordinate position, and Pharaoh’s elevators would find their match to handle halfof it. Upon all other productions of the State there seems to be some little use in estimates, but when we come to corn, figures appear to be dismayed. The corn crop of 1854, from which the supply of the last year has been received was almost a failure, owing to exces- sive drouth, and the common expression of the country in speaking of the crop was to the effect, that there was “ no corn.’* So general was this expression that at the date of our last yearly review, considerable doubt existed as to the possibility of the receipts of 1855 equalling those of the previous year. A com- parison however of the receipts of the two seasons shows that so far from decreasing, those of the last year exceed those of the previous one by over one million of bushels. The crop of 1855 is the largest ever before raised in the State, and from this the supply of the coming season is to be derived. We may therefore confidently predict such a surplus of corn for the next twelve months, as has rarely if ever before been collected at any one point in the universe. Here are the figures for the last four years. RECEIPTS OP CORN FOR FOUR TEARS. 1852. 1853. By Lake, bush. Canal- Galena R. R. Mich. S. R. R. Mich. C. R.R Rock Is. R. R III. Cent. R.R III. & Wis. R. R C. & Miss. R. R 1,810,830 671,961 2,481,334 228,505 1854. 1,808 4,396,995 2,038,743 1855. 701,441 ,761,619 1,823 17,862 3,595 328 564,757 229,566 57,574 1.892 8,918 350,123 472,654 37,622 Teams 508,220 136,220 200,000 200,000 Total 2,901,011 2,869,339 7,490,753 8,532,377 The Lake continues to be of course the principal route by which Corn is forwarded from this place. The accompanying table will show the disposition made of Corn for three years past : SHIPMENTS OP CORN FOB THREE YEARS. “ Canal ** Galena Railroad “ Mich. Southern R. R “ Mich. Central R.R Ground at City Mills Used by Distillers On band, consumed and unaccounted for. 1853. 1854. 1855. ,739,552 6,626,054 7,439,259 .... 1,725 .... 13,305 .... 12,812 4;i89 40,676 184,003 74,177 .... 18,500 30,370 81,000 100,000 200,000 8,111 534,354 784,382 Total 2,869,339 7,490,753 8,532,377 SHIPMENTS OP WHEAT FOR POUR YEARS. 1852. 1853. 1854. 1855. By Lake, bush 635,196 1,206,163 1,650,489 5,719.168 “ Canal 807 1,618 863 59,880 “ Galena R. R .... 3,358 .... •* Mich. S. R. R ■■1 102,267 125,127 176,543 “ Mich. C. R. R ..1 325,978 342,288 *» Rock Island R. R .... 248 286 “ 111. Cent. R. R .... .... .... 44 “ C. & Miss. R. R .... .... .... 820 Floured by C. Mills 288,493 372,748 330,000 398,250 Used by distillers 13,000 3,000 .... • « « • Shipped, consumed, on hand, unaccounted for and 402,230 838,692 Total 937,496 1,685,796 3,038,955 7,535,097 The shipments of Wheat by Lake from this port for a series of years com- mencing with 1842, are as follows : — SHIPMENTS BY LAKE OP WHEAT FOR FOURTEEN YEARS. TEARS. BUSH. 1842 586,907 1843 688,967 1844 891,894 1845 926,860 1846 1,459,594 1847 1,974,304 1848 2,170,800 TEARS. BUSH. 1849 1,936,264 1850 883,644 1851 437,660 1852 635,496 1853 1,206,163 1854 1,250,489 1855 5,719,168 EXPORTS OF THE PRINCIPAL GRAIN PORTS OP THE WORLD COMPARED WITH CHICAGO. Odessa 5,600,000 Galalz Ibrella .. 2,400,000 Dantzic 3,080,000 St. Petersburg Archangel I Riga Chicago, (1854) 2,644,860 Chicago, (1855) 7,715,250 1.440.000 320,000 1.328.000 3,419,551 2,000,238 7.040.000 8.320.000 4.408.000 7.200.000 9.528.000 5,000,000 12,902,310 16,933.813 5,600,000 all kinds 6,837,899 7,517,625 43 HOGS. Number received in the four packing months of 1853 - 25.778.879 Weight in lbs lumber. ^ 306,000,000 Boards and Scantling ooq.OOO Laths 17^000,000 BEErV Tbe >.lu. of tho Boef pook.d for th. lost too, .iuod. oompond o,ith tho present is for, $650,621,000 865.949,850 865,779,110 1854 1 152,420,860 1855 GENERAL SUMMARY. Total number of miles ofrailroad centering in Chicago Feb. 16th 52 40 Total number of miles now completed and m operation ^ a Increase in four years, or more than 600 miles per year ....... . . , Total number of miles projected to be completed m from five to ^ Toml'’numb"r of m'il'eV ofrailroad in operation in the State of Ilimos ^ Feb. 16th, 1852, four years ago ^ ^ ^ Total number of miles now in operation 'V.'.’'.'.*’ 2315 ThrtXl'earnlngs of all the railroads (40 milesj leading m to the ".ISIS Increase in fSur years thirteen and a quarter milhons of dollars^ . . 13,258,301,090 Total number of trains arriving and departing now (mid winter) daily, 96. Add 12 to 20 per cent, when the Spring business opens and the number will be about ‘ *ht‘*** Number of points at which the Chicago railroads reach the Miss- ^ *5Q Population of Chicago in 1852. * ‘-iVn nV * in tWA Population of Chicago in 18o5, or nearly 150 per cent, in three 81,509 ToS rVeeiptV of'gVaiA at Chicago for the’year 18M bushels i^’4^’9^ Total receipts of grain for 1855. Increase about 33 per cent. bush. 20,487,953 TotaUhipmenU of grain from the port Chicago for £ar jg ggg gjj Tetal numb'e'rof hogrhandlVd in Chicago for 18M-5 li«-5I5 Total value of the beef packed m ' hicago in 1855 $1,^3,43U,^U Lceipts oflumbe, at the port of Cnicago for 1855. .... ... . . . .feet 326,553,467 Now laid up in the port of Chicago, Steamboats, PropeUors, Sail ^ Tmal numlfer ofVe's^ds mriv'ing in Chicago daring th^last year. . 6,1 10 The total tonnage of vessels arriving in this port for 185o . , . .mns l,bUB,84o AmountSof duties received on foreign goods at the Chicago Cus- <|K296 844.750 Total amount of capital invested in manufactures during the year 1855 ; showing $2,075,000 increase over the present year . . . . . . ^b,-^yo.uuu Total number of men employed in manufacturing (increase in o5 3 7000 : ; Total value of manufactured articles, (increase in 1855 $3,161, ^ TomVaraount expended* in improvements, stores, dwellings, hotels, &c., (increase in 1855, $1,296,844) $3,73o,254 Ma/Cc ^Cf! g /44 Jsile. t-ICf\ iOh! 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