THE UNIVERSITY 
 
 
 OF ILLINOIS 
 
 
 LIBRARY 
 
 
 55e.0TI5 
 
 -ne 
 
 Te5es 
 
 
 \90S 
 
 
 iSARSWELLCo. Linjited 
 RookbliuIerH, 
 
ADDITIONAL STATUTES 
 
 SPECIALLY RELATING TO THE 
 
 CITY OF TORONTO 
 
 PASSED SINCE 1894 
 
 (INCLUDING SOME PREVIOUSLY OMITTED) 
 
 COMPIJ.ED BY THE ClTY SOLICITOR 
 
 BY ORDER OF 
 
 THE CITY COUNCIL 
 
 JOSEPH OLIVER, ESQUIRE, 
 Mayor. 
 
 Toronto 
 
 THE CARSWELL COMPANY, LIMITED 
 1908. 
 
352. 01\3 
 
 ADDITIONAL STATUTES 
 
 PROCLAMATIONS 
 
 THE CITY OF TORONTO. 
 
 SUMMEEHILL AVENUE ANNEXATION. 
 
 [Ontario Gazette, October 3rd, 1903.] 
 [L.S.] W. MORTIMER CLARK. 
 
 CANADA. 
 
 ) 
 
 PROVINCE OF ONTARIO. 
 
 Edward the Seventh, by the Grace of God, of the United 
 Kingdom of Great Britain and Ireland and 01 the Bri- 
 tish Dominions beyond the Seas, King, Defender of the 
 Faith, Emperor of India. 
 
 To all to whom these presents shall come, or whom the same 
 may concern — Greeting: — 
 
 PROCLAMATION. 
 
 J. M. Gibson, j WHEREAS it has been made to appear 
 Attorney-General. { to the Lieutenant-Governor of Our 
 Province of Ontario in Council that two-thirds of the mem- 
 bers of the Municipal Council of the Corporation of the 
 City of Toronto, in the County of York, did, in Council, 
 before the 15th day of July, 1903, and in pursuance of the 
 provisions in that behalf of The Municipal Act, pass a resolu- 
 tion affirming the desirability of adding to the said City of 
 Toronto certain portions of the adjoining Township of York 
 in the said County of York: 
 1 
 
2 
 
 And whereas the said Municipal Council has prayed that a 
 proclamation be issued to give effect to the said resolution; 
 
 And whereas our said Lieutenant-Governor in Council 
 deems it expedient to grant the said prayer; 
 
 Now know ye that, having taken the premises into our 
 royal consideration, we, by and with the advice of the Execu- 
 tive Council of our Province of Ontario, and in the exercise 
 of the power in us vested in this behalf by the said in part 
 recited Act, or otherwise howsoever, do, by this our Royal 
 Proclamation, hereby add to the said City of Toronto, under 
 the terms and conditions as to taxation, hereinafter men- 
 tioned, the following territory, , that is to say: All and sin- 
 gular that certain parcel and tract of land situate in the 
 Township of York in the County of York, adjacent to the 
 said City of Toronto, consisting of parts of lots numbers 18, 
 19, 20, 21, 22 and 23 on the north side of Summerhill 
 Avenue, formerly Thompson Street, according to plan num- 
 ber 277, being a sub-division of lot number seventeen, con- 
 cession two from the Bay in the Township and County of 
 York, described as follows: Commencing on the west limit 
 of said lot number eighteen, being also the east limit of the 
 City of Toronto at this place, at a point distant 130 feet 
 measured northerly thereon from the north limit of Summer- 
 hill Avenue; thence easterly parallel with that limit 959 feet 
 10 inches to the east limit of that part of said lot 
 number 23 heretofore purchased by the City of Toronto 
 for an entrance to the Eeservoir Park; thence southerly 
 along that limit 163 feet to the centre line of Summer- 
 hill Avenue, being at this place the north limit of the 
 City of Toronto; thence westerly along that limit to the 
 'production southerly of the said west limit of lot num- 
 ber eighteen; thence northerly along that production and 
 along the west limit of lot number eighteen, 163 feet to the 
 place of beginning. 
 
 And we ordain and declare also that the south-westerly 
 boundary of the said City of Toronto be extended and de- 
 fined by a line drawn from the lighthouse on the Island 
 to a point on the easterly boundary of the channel of the 
 River Humber south of the new road bridge distant 1,000 
 feet measured southerly from the southerly face of the 
 eastern abutment of the said bridge, and that all the area 
 included within the said boundary and the present south 
 and south-westerly limits of the said City of Toronto be 
 and the same is hereby added to the said City of Toronto. 
 
 And we hereby add the said lots mentioned as situated 
 on Summerhill Avenue, together with the north half of said 
 avenue as above described to Ward number two, of the said 
 City of Toronto, and all the area added on the south and 
 
3 
 
 south-westerly boundary as above described lying in front of 
 Ward number five and east of the centre line of Atlantic 
 Avenue produced southerly to said W^rd number five, of the 
 said City of Toronto, and all the area west of the centre 
 line of Atlantic Avenue produced southerly to said Ward 
 number six, of the said City of Toronto. 
 
 And we ordain and declare that the said territory shall 
 be and is hereby added to the said City of Toronto under 
 and subject to the following terms and conditions, that is 
 to say: That with respect as to the additions hereby made 
 to Ward number two : 
 
 (1) The taxes rated and imposed for the year 1903 upon 
 lands included in the territories hereby annexed shall be 
 collected by and belong to the Township of York, and all 
 right to collect the same, including distress for non-payment, 
 or if necessary, the sale of the said lands, or any of them, 
 shall remain in the said township as though this proclama- 
 tion had not issued. 
 
 (2) The said City of Toronto may at any time hereafter 
 and prior to the preparation of the estimates for the year 
 1904, assess the lands included in the territories hereby 
 annexed for the year 1904, and the owners and occupiers 
 shall be notifie*d of such assessment ^ as required by 2'he 
 Assessment Act, and shall have the same right to appeal to 
 the Court of Eevision and County Judge as is provided 
 therein, and the assessment so fixed shall be the one upon 
 which the taxes for 19Q4 upon such lands shall be rated 
 and imposed. 
 
 And we further ordain and declare that the said addition 
 of territory to the said City of Toronto shall take effect on 
 and from the tenth day of October now next. 
 
 Of all which premises, all our loving subjects and all 
 others whom it doth or may in any wise concern, are hereby 
 required to take notice and govern themselves accordingly. 
 
 In testimony whereof, we have caused these our letters 
 to be made patent, and the Great Seal of our Province 
 , of Ontario to be hereunto affixed: Witness, his Honour 
 William Mortimer Clark, &c., &c., &c., Lieutenant-Gov- 
 ernor of our Province of Ontario, at our Government 
 House, in our City of Toronto, in our said Province, 
 this second day of . October, in the year of our Lord one 
 thousand, nine hundred and three, and in the third year 
 of our reign. 
 
 By Command, 
 
 J. E. Stratton, 
 
 Provincial Secretary. 
 
4 
 
 NORTH ROSEDALE ANNEXATION. 
 
 [Ontario Gazette, November 18th, 1905. ] 
 [L.S.] WM. MORTIMER CLARK. 
 
 CANADA. 
 
 PROVINCE OF ONTARIO. 
 
 Edward the Seventh, by the Grace of God, of the United 
 Kingdom of Great Britain and Ireland and of the Bri- 
 tish Dominions beyond the Seas, King, Defender of the 
 Eaith, Emperor of India. 
 
 To all to whom these presents shall come, or whom the same 
 may concern — Greeting: — 
 
 PROCLAMATION. 
 
 J. J. FoY, ^ WHEREAS it has been made to appear 
 Attorney-General. J to the Lieutenant-Governor of Our 
 Province of Ontario in Council that certain of the ratepayers 
 of the territory hereinafter more particulai^ly described and 
 hereby added to the City of Toronto, in the County of York, 
 have petitioned, in pursuance of the provisions in that be- 
 half of 71i,e Municipal Ameudmenf Act, 1905, for the addi- 
 tion to the said City of Toronto of certain portions of the 
 adjoining Township of York, in the said County of York 
 hereinafter described; 
 
 And whereas the said ratepayers have prayed that a pro- 
 clamation be issued to make the said addition; 
 
 And whereas Ou'r said Lieutenant-Governor in Council 
 deems it expedient to grant the said prayer; 
 
 Now know ye that, having taken the premises into Our 
 Royal consideration, we, by and with the advice of the Ex- 
 ecutive Council of Our Province of Ontario, and in the exer- 
 cise of the power in us vested in this behalf by the said in 
 part recited Act, or otherwise howsoever, do, by this Our 
 Royal Proclamation, hereby add to the said City of Toronto, 
 the following lands and premises, namely: 
 
 All and singular that certain portion of the Township of 
 York bounded as follows: On the west and south by portions 
 of the present easterly and northerly boundary of the City 
 of Toronto ; on the east by that portion of the westerly limit 
 of the right of way of the Belt liine Railway Company lying 
 
5 
 
 between the present north city limit and the northerly limit 
 of the herein described lands, and on the north by the 
 following described line: Commencing on the westerly limit 
 of the right of way of the Belt Line Railway Company 
 aforesaid, at the intersection of the southerly limit of the 
 right of way of the Canadian Pacific Railway; thence westerly 
 along the said limit of the right of way of the Canadian 
 Pacific Railway to a point thereon distant one hundred and 
 thirty feet measured easterly from gtnd at right angles to 
 the easterly limit of Summerhill Avenue; thence north- 
 westerly and westerly keeping always at a distance of one 
 hundred and thirty feet measured at right angles to said 
 limit of Summerhill Avenue to the north-westerly angle of 
 the lands added to the City of Toronto by proclamation 
 dated the 2nd day of October, 1904. 
 
 And we further ordain and declare that the said addition 
 of territory to the said City of Toronto be made upon the 
 following terms and conditions^ that is to say: 
 
 1. That for a period of twelve years from the first day of 
 January, 1906, the rate of general taxation of the lands 
 and the lands and buildings in the territory so added, save 
 and except the property of M. B. Jackson, known as " Drums- 
 nab/^ shall be less by four mills on the dollar than the 
 general rate of taxation of other lands and lands and 
 buildings in the said City of Toronto; 
 
 2. That the taxes and rates imposed for the year 1905 
 or any prior year upon any of the lands included in the 
 territory hereby annexed which have not yet been collected 
 shall be collected by and belong to the Township of York, 
 and all right to collect the same, including distress for non- 
 payment, or, if necessary, the sale of the said lands, or any of 
 them, shall remain in the said Township as though this pro- 
 clamation had not issued; 
 
 3. The said City of Toronto may at any time hereafter 
 and prior to the passing of a By-law striking the rate of 
 taxation for the year 1906, assess the lands included in the 
 territory- hereby annexed for the year 1906 as though the 
 same had been made in the year 1905, and the assessment 
 so made shall be the assessment on which the taxes in the 
 
 ^ said district for 1906 shall be collected. 
 
 4. That notwithstanding the provisions of section 56 of 
 The Municipal Act, the assessment of the lands of The 
 Toronto Lacrosse and Athletic Association, Limited, pro- 
 viced for by By-law No. 1401 of the Municipal Coi*poration 
 of the Township of York, as confirmed by 56 Victoria, chap- 
 ter 87, shall stand as provided by said By-law. 
 
6 
 
 5. That the said land so annexed be attached to Ward 
 No. Two of the said City of Toronto. 
 
 6. That the said proclamation shall take effect from and 
 after the first day of January, 1906. 
 
 Of all which premises, all Our loving subjects and all 
 others whom it doth or may in any wise concern, are hereby 
 required to take notice and govern themselves accordingly. 
 
 In testimony whereof, we have caused these our letters to 
 be made patent, and the Great Seal of Our Province of 
 Ontario to be hereunto affixed; Witness His Honour 
 William Mortimer Clark, etc., etc., etc., Lieutenant- 
 Governor of Our Province of Ontario, at Our Govern- 
 ment House, in Our City of Toronto, in Our said Pro- 
 vince, this fifteenth day of November, in the year of Our 
 Lord one tliousand nine hundred and five, and in the 
 fifth year of Our Eeign. 
 
 By Command, 
 
 W. J. Hanna, 
 
 Provincial Secretary. 
 
 "BALDWIN ESTATE" ANNEXATION. (No. 1.) 
 
 THE ONTARIO RAELWAY AND MUNICIPAI. BOARD. 
 
 [Monday, the 10th day of December, A.D. 1906.] 
 
 Before 
 
 James Leitch, Esq., K.C., Chairman. ' 
 A. B. Ingram, Esq., Vice-Chairman, and 
 H. N. Kittson, Esq., Member. 
 
 In the matter of the application of Margaret Fry Baldwin 
 and Henry St. George Baldwin, executors and trustees 
 of the will of William Augustus Baldwin, Esq., late of 
 Mashquoteh, deceased, and others, for the annexation to 
 the City of Toronto of certain lands in the Township 
 of York. 
 
 UPON the application of the above named ajjplicants and 
 upon reading the resolution of the Council of the 
 Municipal Corporation of the City of Toronto, passed on 
 the 26th day of November, A.D. 1906, the petition of the 
 sa:d apDlicauis, the affidavit of John T. Small, solicitor for 
 
7 
 
 the applicants ani copy of plan 1324 (County of York) 
 filed, and upon hearing what was alleged on behalf of the 
 applicants. 
 
 The Board orders and proclaims that the lands and prem- 
 ises in the Township of York mentioned and described in 
 the said petition being: 
 
 (1) The lands, lots, blocks, highways, roads and streets 
 in the said Township of York shewn on plan number 1824, 
 registered in the Eegistry Office for the County of York; 
 (2) all that part of parcel number two on plan 315 registered 
 in the Eegistry Office for the County of York lying south 
 and west of Russell Hill Road, as shewn on said plan 1324, 
 which may be described as follows: 
 
 Commencing at a point where the southerly boundary 
 of lot 60, on said plan 1324, intersects the westerly limit 
 of Russell Hill Road; thence southerly and easterly follow- 
 ing the line of Russell Hill Road to its intersection with a 
 fence forming the southerly boundary of said parcel two; 
 thence south eighty-four degrees thirty-two minutes west 
 along said fence, two hundred and forty-three feet six 
 inches; thence north eighty-one degrees forty minutes west 
 along a fence line seven hundred and forty-six feet to the 
 fence forming the westerly boundary of the Baldwin Estate; 
 thence north eleven degrees forty-six minutes west following 
 the said last mentioned fence to the intersection of the pro- 
 duction westerly of the southerly limit of lot 60 aforesaid 
 with said fence; thence north seventy-four degrees eleven 
 minutes east along said production, and along said bound- 
 ary of lot 60, in all one hundred and fifty-nine feet, more 
 or less, to the point of commencement; 
 
 Be and the same are hereby annexed to the City of 
 Toronto, such annexation to take effect on the first day of 
 January, A.D. 1907, upon and subject to the following terms 
 and conditions, namely: 
 
 " 1. There shall be no special terms as to taxation, assess- 
 ment or improvements, except as hereinafter mentioned. 
 
 " 2. The said addition or annexation shall take effect on 
 the 1st day of January, 1907. 
 
 " 3. The lands annexed shall be added to Ward No. 4 of 
 the City of Toronto. 
 
 " 4. The taxes and rates imposed for the year 1906, or any 
 prior year, upon any of the said lands which have not yet 
 been collected, shall be collected by and belong to the 
 Township of York. 
 
 " 5. The said City oc Toronto may at any time prior to 
 the passing of a By-law striking the rate for the year 1907, 
 
8 
 
 assess (subject to the rights of appeal provided by the 
 Assessment Act) the lands included in the said territory, 
 and the owners and occupants thereof, for the year 1907, 
 as though the said assessment had been made in the year 
 1906, and the assessment so made shall be the assessment 
 on which the ta:s:es in the said territory for 1907 shall be 
 collected. 
 
 " James Leitch, 
 
 [s] Chairman of the Ontario Railway and Municipal 
 
 Board/' 
 
 An Act respecting the Toronto and Scarboro' 
 Electric Eailway Light and Power Company 
 (Limited). 
 
 [Assented to 27th May, 1893.] 
 
 Preamble. 
 
 By-laws and 
 
 agreements 
 
 confirmed. 
 
 WHEKEAS a petition has been presented by The Toronto 
 and Scarboro' Electric Eailway Light and Power Com- 
 pany (Limited), praying that an Act may be passed confirm- 
 ing four certain municipal by-laws and four certain inden- 
 tures mentioned in Schedule "A^^ to this Act, and also 
 granting certain additional powers to the said company; and 
 whereas it is expedient to grant the prayer of the said peti- 
 tion. 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 1. The several by-laws and agreements mentioned in the 
 Schedule " A to this Act are hereby ratified and confirmed 
 and declared to be within the powers of the parties thereto, 
 and to be valid and binding for all purposes whatsoever; pro- 
 vided always, that as to so much of the Kingston Road as 
 lies and is situate within the present limits of the City of 
 Toronto, the said by-law of the County of York, and the 
 said agreement between the corporation of the said county 
 and the Company, arc ratified and confirmed and declared 
 to be binding as aforesaid, only so far as to give to the 
 Company all rights and powers which tlio county possessed 
 and pnrported to give over the said portion of said road. 
 
 Power to 2. The councils of the municipalities named in said 
 
 ioXe%nn-m^ Schedule " A,'' may from time to time by resolution extend 
 or comi)letinfr the time or times for beginning or completing the line or 
 lines of the street railway of the said company, and of the 
 vrorks connoctorl with the undertaking or any portion or 
 
9 
 
 portions of either of the same named *in any of the by-laws 
 or agreements referred to in Schedule "A/' aforesaid; pro- 
 vided that no such extension shall be for a longer period 
 than one year; and provided also that any such extension 
 shall have effect and operate only with respect to such of 
 said by-laws and agreements as have been made or entered 
 into by or on behalf of the municipality whose council grants 
 or gives the extension. 
 
 8. The said Company shall also have power to ac(|uire 
 
 hold any lands or premises or any estate or interest therein parks, 
 for park or pleasure grounds and for no other purpose, 
 within the limits of che township of York, the village of 
 East Toronto or the township of Scarboro'; and the said 
 Company is authorized to improve and lay out such lands or 
 premises for parks and places of public resort, and to mort- 
 gage or lease the said lands or premises or any portion there- 
 of as they may think expedient, and to sell from time to 
 time such portions of such lands as they may deem unneces- 
 sary for the said purposes; provided always that the lands 
 to be held as aforesaid, shall not exceed three hundred acres 
 in all, and shall not exceed one hundred acres in any one 
 municipality, and it is hereby declared that the lands or 
 premises, estate or interest therein which may be acquired 
 by the Company under the provisions of this section shall not 
 be property Avhich the municipalities or any of them shall 
 be bound to acquire, if the real and personal property of 
 the company is taken over as provided in any of the agree- 
 ments in Schedule " A,^' hereto aforesaid; provided more- 
 over, that the Company shall not under this clause have 
 pov/er to acquire any lands after the lapse of seven years 
 from the passing of this Act ; and provided also that nothing 
 in this section contained shall be deemed to enable the 
 Company to carry on the general business of a land company: 
 and provided, likewise, that the Company shall not have 
 power to acquire or hold any such lands or premises or any 
 estate or interest therein, within any municipality, unless 
 the council of such municipality has by by-law consented to 
 and authorized the same. 
 
 9. Whenever it shall be necessary for the purpose of se- Acquiring 
 curing sufficient lands for stations or gravel pits, or for con- sta^vfns 
 sti-ucting, maintaining, and using the said street railway, gravel pitj=, 
 and in case by purchasing the whole of any lot or parcel of 
 
 land over which the street railway is to run, the Company 
 can obtain the same at a more reasonable price or to greater 
 advantage than by purchasing the street railway line only, 
 the Company may purchase, hold, use and enjoy such lands 
 and also the right of way thereto, if the same be separate 
 
10 
 
 Telegraph 
 telephone 
 lines. 
 
 Kev. Stat, 
 c. 158. 
 
 from their street railway, and may sell or convey the same 
 or any part thereof, from time to time, as they may deem 
 expedient. 
 
 and 10. The said Company may also construct telegraph and 
 telephone lines in connection v/ith their street railway and 
 for the purpose of constructing, working and protecting the 
 said telegraph and telephone lines; the powers conferred 
 upon telegraph companies by The Act Bes.pecting Tele- 
 graph Cumpames^ being chapter 158 of the Eevised Stat- 
 utes of Ontario, 1887, are hereby conferred upon the said 
 company; provided that the said telegraph and telephone 
 lines shall be used exclusively foT the purposes of the busi- 
 ness of the said Company. 
 
 Agreements 
 with other 
 companies 
 leasing or 
 hiring rolling 
 stock. 
 
 Agreement 
 with electric 
 light com- 
 
 11. It shall be lawful for the directors of the Company to 
 fQj. enter into any agreement or agreements with any other 
 
 street railway company or street railway companies (if 
 lawfully authorized to enter into such agreements), or with 
 any person for leasing, hiring or using any electric motors, 
 carriages or cars from such company or person, for such 
 time or times, and on such terms as may be agreed upon; 
 and also to enter into agreements with any street railway 
 company or street railway companies, if so lawfully author- 
 ized, for the use by one or more of such contracting com- 
 panies of the electric motors, carriages or cars of the other 
 or others of them, on such terms as to compensation or 
 othei-wise, as may be agreed upon. 
 
 12. The said Company shall have power to enter into any 
 agreement or agreements with any other company or com- 
 panies for the purchase, leasing or hiring of power to run 
 their electric motors, carriages or cars, or for lighting or 
 heating the same, or for any other purpose for which^ 
 electricity may be required by the said Company. 
 
 17. Subject to the terms, conditions and provisions of the 
 said by-laws and agreements referred to in said Schedule 
 " A,^^ the said Company shall have power to agree for con- 
 nections and making running arrangements with the 
 Toronto Railway Company upon terms to be approved of 
 by two-thirds in value of the shareholders of the first above 
 mentioned Company at a special general meeting to be 
 called for the purpose of considering the same; provided, 
 always, that nothing in this Act contained shall be held or 
 construed as giving to or conferring upon The Toronto 
 Railway Company any right, power or authority whatsoever, 
 and that all rights, powers, privileges and authorities of the 
 said The Toronto Railway Company shall to all intents and 
 for all purposes be and remain as if this :\ct had not been 
 passed. 
 
11 
 
 SCHEDULE " a:' 
 (Section 1.) 
 
 1. By-law No. 63G, of the Municipal Coinicil of the Cor- 
 poration of the County of .York. 
 
 2. By-law No. 1,377, of the Municipal Council of the Cor- 
 poration of the Township of York. 
 
 3. By-law No. 139, of the Municipal Council of the Cor- 
 poration of the Village of East Toronto. 
 
 4. By-law No. 539, of the Municipal Council of the Cor- 
 poration of the Township of Scarborough. 
 
 5. This indenture made in duplicate the sixteenth day of 
 November, in the year of our Lord one thousand eight 
 hundred and ninety-tv/o, between the Corporation of 
 the County of York, hereinafter called " the Munici- 
 pality of the first part, and the Toronto and Scarboro' 
 Electric Eailway, Light and Power Company (Limited) 
 hereinafter called " the Company " of the second part. 
 
 Whereas certain persons were by letters patent under the 
 great seal of the Province of Ontario, bearing date the 
 eighteenth day of August, 1892, incorporated as a body, 
 corporate and politic, for the purposes therein mentioned, 
 by the name of the Toronto and Scarboro' Electric Railway, 
 Light and Power Company (Limited); and 
 
 Whereas the Company in and by the said letters patent 
 v/as among other things, empowered to construct, maintain, 
 complete and operate and from time to time remove and 
 change as required, a double or single iron railway with 
 the necessary side-tracks and turnouts for the passage of 
 cars, carriages and other vehicles adapted to the same, upon 
 and along the Kingston road within the Municipality of 
 the County of York, as the council of the said Municipality 
 may by by-law authorize, and to take, transport and carry 
 passengers and freight upon the same, and to construct and 
 maintain all necessary works, buildings, appliances, and con- 
 veniences connected therewith, under and subject to any 
 agreement or agreements thereafter to be made between the 
 said company and the said Municipality relating to the con- 
 struction and maintenance of the said railway and to other 
 matters connected therewith, pursuant to the provisions of 
 The Street Railway Act, being chapter 171 of the Revised 
 Statutes of Ontario, 1887; and 
 
 Whereas the said Company, in and by the said letters 
 patent, was, among other things, further empowered to con- 
 struct, maintain, complete and operate works for the pro- 
 duction, sale and distribution of electricity for purposes of 
 
12 
 
 light, lieat and power, and to conduct the same by any 
 ipeans through, under and along the Kingston Boad within 
 the said Municipality, subject to such agreement in respect 
 thereof as shall be made between the said Company and the 
 said Municipality, pursuant to the provisions of The Act 
 respecting Companies for Sleam and Heating or for sup- 
 plying Etectricity for Liglit, Heat or Power, being chapter 
 165 of the Eevised Statutes of Ontario, 1887, and 
 
 Whereas in and by the said letters patent and pursuant 
 to the provisions of the said Acts and of ne Municipal Act, 
 the Council of the said Municipality is authorized to pass 
 ]^y-laws and to make and enter into any agreements or 
 covenants relating to the construction and maintenance of 
 railways or tramways, and to the production, sale and dis- 
 tribution of electricity over, upon and along the said King- 
 ston Eoad within the said Municipality, on such terms and 
 conditions as may be necessary for the safety and conveni- 
 ence of the public, and 
 
 AVhereas the said Company has petitioned the Council of 
 the said Municipality to sanction the construction and opera- 
 tion by the said Company of an electric railway or tramway 
 and the necessa'ry works for the production, sale and dis- 
 tribution of electricity over, along and upon the said King- 
 ston Eoad w^ithin the said Municipality, and has asked that 
 certain other privileges and immunities should be granted 
 to the said Company, its successors and assigns, and 
 
 Whereas the said Company has proposed to construct and 
 operate such electric railv/ay and the said works for the 
 production, sale and distribution of electricity over, along 
 and upon the said Kingston Eoad within the said Munici- 
 pality, and is desirous of obtaining the necessary permission 
 so to do, and 
 
 Whereas the parties hereto of the first part being the 
 Corporation of the County of York, are willing to grant 
 such permission upon the terms and conditions hereinafter 
 set forth and to enter into an agreement with the said Com- 
 pany such as is hereinafter contained. 
 
 Now this indenture witnesseth that the said Municipality 
 and the said Company in pursuance of 'all the powers in that 
 behalf enabling them so to do, have covenanted and agreed, 
 and by these presents do for themselves, their successors and 
 assigns, covenant and agree each with the other of them as 
 follows : — 
 
 1. That the said Company, its successors and assigns, be 
 permitted without let or hindrance from the said Munici- 
 pality, its successors or assigns, to construct, maintain, 
 complete and operate and from time to time remove, change 
 
13 
 
 and repair as required, an iron or steel single railway track 
 with the necessary side-tracks, switches and turnouts for 
 the passage of cars, carriages and other vehicles adapted to 
 the same, over, along and upon the Kingston Road from its 
 westerly termination at the north limit ol' Queen Street in 
 the City of Toronto, or so far westcj-ly on the said King- 
 ston Eoad as this Municipality can grant sucli rights and 
 privileges, easterly along the said Kingston TJoad to the 
 easterly limit of this Municipality. 
 
 2. That the said Company, its successors and assign s, shall 
 have the right and privilege, but not- the exclusive right or 
 privilege, so far as the said Municipality can legally grant the 
 same, to construct, maintain, complete and operate works 
 for the sale and distribution of electricity for purposes of 
 light, heat and power, and to conduct the same as herein- 
 after provided, through, under and along the portion of the 
 Kingston Road aforesaid, subject always to the terms and 
 conditions of this agreement. 
 
 3. That the said railwa}^ or tramway and the said works 
 for the distribution of electricity, and all works, plant and 
 appliances connected therewith, shall be of approved material 
 and construction, and shall be made and constructed in a 
 substantial manner, according to the best modern practice 
 and to the satisfaction of the said Municipality^ and the 
 same shall be worked and carried on under such regulations 
 as may be considered necessary by the said Municipality 
 for the protection of the inhabitants of the said Municipality 
 and of the public generally. 
 
 4. The roadway, track and rails of the said railway or 
 tramway shall be located and constructed on and along such 
 portion or portions of the said Kingston Road as shall be 
 determined by the said Municipality before the construction 
 of the said railway or tramway shall be commenced. 
 
 5. All the space between the rails of the said railway and 
 the roadway to a distance of eighteen inches on both sides 
 thereof, shall be kept in a good state of repair and planked 
 where directed by the said Municipality, and the said road 
 shall be maintained flush so far as practicable with the rails 
 of the said railway or tramway by the said Company, its suc- 
 cessors or assigns, to the satisfaction of the said Munici- 
 pality, and the said Company, its successors or assigns, shall 
 also be bound to construct and keep in repair, crossings of 
 a character approved of by the said Municipality within 
 the limits aforesaid at the intersection of the said railway 
 or tramway track, with all cross-streets or highways now or 
 hereafter opened, and such other places as may be directed 
 by the said Municipality, and whenever bridges, culverts or 
 waterways are found to be necessary for drainage or other 
 
14 
 
 purposes, the same shall be constructed in a manner to be 
 approved of by the said Municipality. 
 
 6. All tracks and turnouts shall conform to the grades 
 of the said Kingston Road unless otherwise determined by 
 the said Municipality, and the said Company shall not in 
 any way change or alter the same, except with the approval 
 of the said Municipality. 
 
 7. The location of the line of tlie said railway on the 
 said Kingston Road shall not be made until the plans there- 
 of shewing the position of the rails, switches, turnouts and 
 other works on the said road shall have been submitted to 
 and approved of by the said Municipality, and the line of 
 the said railway shall not deviate from the line of the said 
 Kingston Road v/ithin the said Municipality as it at present 
 or may hereafter exist. 
 
 8. That the said Municipality shall have the right to 
 take up any part of the said portion of the said Kingston 
 Road traversed by the rails of the said railway, either for 
 the purpose of altering the grade thereof, constructing and 
 repairing of sewers, drains, culverts or side-crossings, or for 
 laying down or repairing gas or water-pipes, and for all 
 other purposes within the province and privilege of the 
 Municipal Corporation of the County of York, without the 
 Company, its successors or assigns being entitled to any 
 compensation for damages occasioned to the work of the 
 said railway or tramway or works connected therewith, and 
 such alterations or repairs shall be made in such a way as 
 to interfere as little as possible v/ith the convenient working 
 of the said railway or tramway. 
 
 9. The rails to be used by the said Company, its succes- 
 sors and assigns, shall be the ordinary flanged T-shaped 'rails, 
 and the cars and motors to be used on the said railway shall 
 be of an approved modern design. 
 
 10. All persons using the said portion of the said King- 
 ston Road shall be at liberty to travel upon any portion of 
 the travelled roadway occupied by the said railway or tram- 
 way, and in the same manner as upon other portions of the 
 said highway, and vehicles of every description are to be 
 allowed upon such portion of the said highway, it being pro- 
 vided, however, that the cars of tlie said Company, its succes- 
 sors or assigns, have the first right of way over the said rail- 
 way or tramway, and all vehicles or persons travellins^ on that 
 portion of the said highway occupied by the said railway or 
 tramway shall turn out upon meeting or being overtaken 
 by any cars of the said Company, its successors or assigns, 
 so as to give them full right of way. 
 
15 
 
 11. The said railway or tramway and the works herein- 
 before mentioned shall not be opened or put in operation 
 until the sanction of the said Municipality has been obtained 
 nnd certified in writing. 
 
 12. The Company, its successors or assigns, sliall run at 
 least two cars each way morning and evening on a regular 
 time-table, at such hours as will best meet the wants of the 
 residents and the public generally. 
 
 13. In case ,the electric motors or cars used by the Com- 
 pany, its successors or assigns, in operating the said railway, 
 whilst passing along the said railway or tramway, shall cause 
 alarm to any horse or horses travelling or being upon the 
 said road with vehicle or otherv/ise, the motors or cars 
 of the Company shall, if necessary, be stopped to enable or 
 allow the horse or horses so alarmed to pass, and the ser- 
 vants of the said Company shall, on request, assist the person 
 or persons driving, riding, or in charge of the horse or 
 horses that may be alarmed as aforesaid, so as to prevent 
 accident or injury to persons, or to horses, vehicles, or other 
 property of persons travelling, using, or being upon the said 
 roadway. 
 
 14. The maximum rate of speed at which the cars or 
 motors of the said Company shall run or travel shall be 
 determined from time to time by the said Municipality. 
 
 15. The conductors on the cars or motors of the said 
 Company shall announce to the passengers the names of the 
 stations, streets, highways and public squares as the cars or 
 motors reach them, and the said Company shall cause a gong 
 01 bell connected with or upon the said cars or motors to be 
 sounded or rung on approaching crossings and at such other 
 places and times as may be determined by the said Munici- 
 pality. 
 
 16. When the accumulation of snow or ice is sufficient to 
 impede the running of the cars, the Company shall remove 
 the same, and when the snow is removed from the track 
 the company shall slant down the same on the roadway so 
 as to be convenient to the travelling public to the satisfac- 
 tion of the said Municipality. 
 
 17. The Company, its successors or assigns, shall be liable 
 for all damage occasioned by the existence of the rails, or by 
 the running of the cars of the Company upon the said high- 
 way, and the said Company, its successors or assigns, shall 
 hold the said Municipality in all respects harmless in respect 
 thereof, and upon demand shall forthwith pay to the said 
 Municipality all sums payable by or recoverable against 
 the said Municipality in respect of any claim for any such 
 damage; provided however, that the Company, its successors 
 
16 
 
 or assigns, shall have been notified by the said Municipality 
 upon any such claim having been made. 
 
 18. Should the C'ompan}^, its successors or assigns, neglect 
 to keep the track or road crossings or ballasting in good con- 
 dition, according to the terms of this agreement, or to have 
 the necessary repairs, crossings, ballasting or planking ac- 
 cording to this agreement made thereon, the said Municipality 
 may give notice requiring such - repairs, crossings, ballasting 
 or planking to be made forthwith, and if after such notifi- 
 cation given requiring such repairs, crossings, ballasting 
 or planking to be made, the said Company, its succesors or 
 assigns, do not within one week begin and carry to com- 
 pletion such repairs, crossings, ballasting or planking, with 
 all reasonable diligence, the said Municipality shall be at 
 liberty to place the said highway in a proper state of repair, 
 and to construct and carry to completion such crossings, 
 ballasting and planldng at the expense of the said Company, 
 its successors or assigns, the said Company, for itself, its 
 successors and assigns, hereby ag*reeing to pay for such work 
 on demand. 
 
 19. The lights and privileges granted by this agreement 
 shall extend over a period of twenty years from the date 
 hereof, renewable upon such terms and conditions as may be 
 agreed upon between the said Municipality and the said Com- 
 pany, or in case of disagreement between the said parties, 
 upon such terms and conditions as may be determined by 
 arbitration under the provisions of The Municipal Act, or 
 the said electric railway and the said electric lighting sys- 
 tem and the real and personal property connected therewith 
 may be assumed by the said Municipality as provided by 
 The Street Raihvay Act, but in estimating the value of the 
 said real and personal property the rights and privileges 
 herein granted by the said Municipality .shall not be con- 
 sidered assets of the said Company. 
 
 20. No motive power other than electricity shall be used 
 by the said Company except with the approval of the said 
 Municipality. 
 
 21. That the Company, its successors or assigns, shall be- 
 subject to all by-laws of the said IMimicipality now in force 
 or that may hereafter be passed in respect to streets, roads 
 and highways in so far as practicable. 
 
 22. Provided always and it is hereby agreed by and be- 
 tween the said Municipality and the said Company, their 
 succesors or assigns, that the said Company shall commence 
 the construction of the said railway witliin two years from 
 the date hereof, and shall complete the said railway to a 
 distance of at least two miles within three years from the 
 
17 
 
 date hereof, and in default therein the Company shall forfeit 
 the rights and privileges obtained by virtue hereof, and the 
 said Company shall extend the said railway along the said 
 Kingston road to the Grand Trunk railway crossing within 
 seven years from the date heroof, and in default therein 
 the rights and privileges liereby granted shall expire in 
 ten years from the date hereof, and not in twenty years as 
 provided in paragraph 19 of this agreement, but in other 
 respects the terms and provisions of th(^ said ])aragraph 19 
 shall remain and have effect. 
 
 23. The fares to be charged by tlie said Company shall 
 not exceed a rate per mile of two cents for each adult and 
 one and one-half cents for each child under twelve years of 
 age, but the said Company shall not be bound to carry any 
 adult passenger any distance for less than five cents, or any 
 child of the age aforesaid for less than three cents, and be- 
 tween the hours of eleven o'clock in the afternoon and six 
 o'clock in the forenoon the said Company shall have the right 
 to charge double the paid fares. 
 
 24. It is expressly understood and agieed by and between 
 the parties hereto that this indenture is to be construed as 
 giving onl}^ such permission or franchise as the corporation of 
 the county of York has power to give, and if it shall be held 
 by any court of competent jurisdiction that the said corpora- 
 tion of the county of York has not power to give the permis- 
 sion or franchise hereby assumed to be given, this indenture 
 shall thereupon be null and void and of no effect. 
 
 25. And the said Company, for itself, its successors a.nd 
 assigns, covenants and agrees with the said Municipality, its 
 successors and assigns, that the said Company will for ever 
 liold harmless and mdeninify the said Municipality, its suc- 
 cessors and assigns, from all damages, costs and charges 
 arising out of, or in consequence of, or in connection with 
 the prosecution or defence of any suit, action, or proceeding 
 tliat may be undertaken at the instance of the said Company 
 or its assigns for the purpose of ascertaining or declaring 
 what powers may be ])()ss('ssed by the said Municipality to 
 give an exclusive or other right to erect or maintain tracks or 
 railways on the portion of the said Kingston Eoad in this 
 indenture referred to, or in any manner calling in question 
 any rights given or arising out of or intended to be given 
 or to arise out of this indenture, and the said Municipality 
 hereby agrees to prosecute or defend in the name of the said 
 ^lunicipality any action under this section which the said 
 Company or its assigns may deem advisable in its interests to 
 be prosecuted or defended; provided that before the said 
 ^lunicipality shall be bound to enter upon any such prose- 
 
 2 
 
18 
 
 cutioii or defence the said Company or its assigns shall give 
 f^ucli seciirit}^ as may be approved of by the said Municipality 
 for the performance and fulfilment and indemnification 
 l)rovided for by this section. 
 
 26. Until the removal of toll charges from the said por- 
 tion of the Kingston Eoad the said Company, its successors 
 or assigns, shall pay to the said Municipality, its successors 
 or assigns, from and after the date of the opening of the 
 said railway, an annual cliarge or license fee at the rate of 
 one hundred dollars per annum for the use of the said high- 
 way, and the said charge or license fee shall be in lieu of toll 
 or toll charges for the use of the said portion of the said 
 Kingston Road. 
 
 27. It is hereby agreed by and between the parties hereto 
 for themselves, their successors and assigns, that whenever 
 in this agreement any matter or thing is to be done or per- 
 formed subject to the permission, consent, concurrence or 
 direction of the said Municipality, such permission, consent, 
 concurrence or direction shall be, sufficient if given by such 
 ofFcer or committee as may be appointed for that purpose by 
 the county council of the county of York, or by any com- 
 mittee thereof authorized to make such appointment, and 
 the services of any professional officer appointed by virtue 
 hereof shall be paid for by the said Company. 
 
 In witness whereof, the said Municipality being the cor- 
 poration of the county of York, has hereunto affixed its cor- 
 porate seal by the hands of the warden and clerk of the said 
 county, and the said Company, the Toronto and Scarboro^ 
 Electric Railway, Light and Power Company (Limited) has 
 hereunto affixed its corporate seal by the hands of the vice- 
 president and secretary. 
 
 Signed, sealed, executed ' A. Forster, 
 and delivered in the | Warden C. Y. [L.S.] 
 
 presence of 
 Thos. A. Rowan. 
 
 Geo. Eakin, 
 
 Clerk, C. Y. 
 
 John Hallam, 
 
 Vice-President. [I^-S.' 
 
 A. W. Dingman, 
 
 Secretarv. 
 
19 
 
 This indenture mudc in duplicate the sixth day of Febru- 
 ary, one thousand eight hundred and ninety-three, between 
 tlie corporation of the Township of York, hereinafter called 
 
 the Miiuieipality " oi' the first part, and the Toronto and 
 Scarboro' Electric Kail way, Jjight and Power Company 
 (Limited), hereinafter called " the Comj)aiiy of the second 
 part. 
 
 Whereas, certain persons wei'e by letters patent under tlie 
 great seal of the Province of Ontario, bearing date tho 
 eighteenth day of August, A.D. 1892, incorporated as a body 
 corporate and politic, for the purposes therein mentioned, by 
 the nanie of The Toronto and Scarboro' Electiic Eailway, 
 Light and Power Company (Limited)," and 
 
 Whereas, the said Company in and by the said letters patent 
 was among other things empowered to construct, maintain, 
 complete and operate and from time to time remove and 
 change as required a double or single iron railway with 
 the necessary side-tracks and turnouts for the passage of '^ars, 
 carriages and other vehicles adapted to the same, upon md 
 along such of the streets and highways within the said 
 ^Municipality as the council thereof may by by-law authorize, 
 and to take, transport and carry passengers and freight upon 
 the same, and to construct and maintain all necessary works, 
 buildings, appliances and conveniences connected therewith 
 under and subject to any agreement or agreements thereafter 
 to be made between the said Company and the said Muni- 
 cipality relating to the construction and maintenance of the 
 said railway, and to other matters connected therewith pur- 
 suant to the provisions of The Street Bailway Act, being 
 chapter 171 of the Eevised Statutes of Ontario, 1887, and 
 
 W^hereas, in and by the said letters patent and pursuant 
 to the provisions of the said Acts and of The Municipal Act, 
 the council of the said Municipality is authorized to pass 
 by-laws and to make and enter into any agreements or coven- 
 ants relating to the constructing and maintenance of rail- 
 ways and tramways over, along and ivpoii the strets or high- 
 ways within the said Municipality on such terms and condi- 
 tions as may be necessary for the safety and convenience of 
 the public; and 
 
 Whereas, the said Com])any have petitioned the council 
 of the said Municipality to sanction the construction and 
 operation by the said Company of an electric railway or tram- 
 way, and the necessary works connected therewith over, along 
 and upon certain streets and highways which are owned by 
 the said Municipality, which said streets and highways are 
 hereinafter particularly defined, and have asked that certain 
 other privileges and immunities should be granted to the said 
 Company, their successors and assigns: and 
 
20 
 
 Whereas the Compan}' have proposed to construct and oper- 
 ate such electric railway and the said works over^ along and 
 upon the said streets and highways^ and are desirous of 
 obtaining the necessary permission so to do; and 
 
 "Whereas, the parties hereto of the first part being the cor- 
 poration of the township of Yo'ik, are willing to grant such 
 permission upon the terms and conditions hereinafter set 
 forth, and to enter into an agreement ^A'ith the said Com- 
 pany such as is hereinafter contained. 
 
 Now this indenture witnesseth that the said Municipality 
 and the said Company in pursuance of all the powers in that 
 behalf enabling them so to do, have covenanted and agreed 
 and by these presents do for themselves, their successors and 
 assigns, covenant and agree each with the other of them as 
 follows : — 
 
 1. That the said Company, their successors and assigns, 
 be permitted without let or hindrance from the said Muni- 
 cipality, its successors or assigns, to construct, maintain, com- 
 plete and operate, and from time to time remove, change 
 and repair as required, an iron or steel railway track or tracks 
 with the necessary side-tracks, switches and turnouts for the 
 passage of cars and other vehicles adapted to the same over, 
 along and upon the following streets, roads and highways 
 within the said Municipality, namely:^ — 
 
 (a) The original allowance for a road betw^een the first 
 concession from the bay, and the broken front thereof (de- 
 signated as Queen Street East), from its intersection with 
 the westerly limit of the township of Scarboro' to its inter- 
 section with the easterly limit of the village of East Toronto. 
 
 (h) Gerrard Street from its intersection with the village 
 of East Toronto to its intersection with Coxwell ilvenue. 
 
 (c) Coxwell Avenue from its intersection with the north- 
 erly limit of Gerrard Street southerly to a point where the 
 southerly limit of Gerrard Street east at the east limit of 
 the City of Toronto v.'ould, if produced, intersect Coxwell 
 Avenue. 
 
 (d) The original allowance for a road between the first 
 and second concessions from the bay in the township of 
 York known as Danforth Eoad from its intersection witl] 
 the westerly limit of the township of ^carboro' to its intep 
 section with the easterly limit of the village of East Toronto, 
 and from its intersection with the westerly limit of the vil- 
 lage of East Toronto to its intersection with the easterly limit 
 of the City of Toronto. 
 
 (e) The production northerly of Greenwood's side line 
 from its intersection with the northerly limit of the Danforth 
 
21 
 
 ]^oa(l, Township of York, to its intersection with the nortii- 
 crly limit of Salmon Avenue, in so far as the municipality 
 has power to grant the same. 
 
 (f) Salmon Avenue from its intersection with the easterly 
 limit of Greenwood's side line produced to its intersection 
 with the westerly limit of Leslie Street. 
 
 (g) Leslie Street from its intersection with the southerly 
 limit of Salmon Avenue to its intersection with the northerly 
 limit of the Don Mills Eoad. 
 
 (h) The Don Mills road from its intersection with the 
 easterly limit of Leslie Sti-eet to its intersection with the 
 northerly limit of the City of Toronto. 
 
 2. Tliat tile said railway or tramway shall he of a])proved 
 material and construction, and shall be made in a substantial 
 manner and according to the best modern practice in use 
 and to the satisfaction of the said Municipality and their 
 en,i>ineer foT' the time being, and the same shall be worked and 
 carried on under such regulations as may be necessary for the 
 protection of the inhabitants of the said Municipality and 
 of the public generally. 
 
 3. The roadway, track and rails of the said railway or tram 
 way shall, subject to the proviso hereinafter contained, bo 
 located and constructed on one side only of the said streets, 
 roads and highways, and the side upon which the same shall 
 be located and the location of the rails shall be determined 
 by the said Municipality and their engineer before the con- 
 struction of the said railway or tramway shall be commenced. 
 Provided, however, that after the expiration of the period 
 of twenty years the said Company shall, if required by the 
 said Municipalit}^, remove their said track, or any part there- 
 of, to the centre of the graded portion of the highway if the 
 Company, their successors or assigns, continue to own and 
 operate the said railway. 
 
 4. Whenever the railway or tramway is constructed upon, 
 the centre or any part of the graded portion of the road- 
 way all the space between the rails and at least one foot six 
 inches immediately adjoining the outside of each rail, as 
 directed by the township engineer, shall be substantially and 
 properly filled with macadam, and shall be kept in a good 
 state of repair, and the said macadam shall be maintained 
 flush with the rails of the said railway or tramway by the 
 said C'oiTi])any, their successors and assigns, who shall also 
 be bound to construct and keep in good repair crossings of 
 a character a])]H"oved of by the said Municipality and their 
 engineer within the limits aforesaid. At the intersection of 
 the said railway or tramway track with all cross-streets or 
 highways now or hereafter opened, fender planks shall 'he 
 
22 
 
 used, and whenever bridges^ culverts or waterways are found 
 necessary for drainage or other purposes, the same shall he 
 constructed in a manner to be approved of by the said 
 Municipality and their engineer, and that in the contruction 
 of the said railway the said Company, their successors or 
 assigns, shall cause the ties to be laid on a good sand and 
 gravel ballast of four inches in depth, and the space between 
 the ties to be filled to the top of the same with good select 
 gravel, and the space between the rails and at least one foot 
 six inches immediately adjoining the outside of each rail, as 
 directed by the township engineer, to be filled with macadam, 
 with a crown of two inches at centre above the top of the - 
 rails of the said railway or tramway. 
 
 5. All the tracks and turnouts shall conform to tlie grades 
 of the said streets, roads and highways, unless otherwise de- 
 termined by the said Municipality and their engineer, and the 
 said Company shall not in any way change or alter the same 
 except with the approval of the said Municipality and its 
 engineer. 
 
 6. The location of the line of railway on the streets or 
 highways shall not be made until tlie plans thereof showing 
 the position of the rails and other Avorks on the said streets 
 or highways shall have been submitted to and approved of by 
 the said Municipality and engineer. 
 
 7. That the said Municipality shall have the right to take 
 up any part of the streets or highways traversed by the rails 
 of the said railway, either for the purpose of altering the 
 grade thereof, constructing and repairing of sewers, drains, 
 culverts or side crossings or for laying down or repairing gas 
 or water pipes and for all other purposes wdthin the province 
 and privilege of a municipal corporation without the Com- 
 pany, their successors or assigns, being entitled to any com- 
 pensation for damages occasioned to the working of the said 
 railway ot tramway or works connected therewith, and such 
 alterations and repairs shall be made in such a manner as to 
 interfere as little as possible with the convenient Avorking 
 of the said railway or tramway, and the said Company shall 
 attend to and take care of their track and other property dur- 
 ing such repairs without being entitled to make any charge 
 or receive any compensation for so doing. 
 
 8. The rails to be used by the said Compan}', their suc- 
 cessors and assigns, shall be the ordinary T-shaped rails, and 
 the cars and motors to be used on the said railway shall be of 
 an approved modern design. 
 
 9. All persons using the said road or highway shall be at 
 liberty to travel upon any portion of tlie said travelled road- 
 way occupied by the said railway or tramway, and in the 
 
23 
 
 same iiiainiei- as upon other portions of the said highway, and 
 vehicles of every description are to be allowed upon such por- 
 tion of the said highway, it being provided, however, that 
 the cars of the said Company, their successors and assigns, 
 have the first right of way over the said railway or tramway, 
 and all vehicles or persons travelling on that portion ol' 
 the said highway occupied by the said railway or tramway 
 shall turn out upon meeting or being overtaken by any car 
 of the said Company, their successors or assigns, so as to give 
 them full right of way. 
 
 10. The said railway or tramway shall not be commenced, 
 opened or put in operation until the sanction of the council of 
 the said Municipality and their engineer has been obtained 
 b}'' the enactment of a special resolution to that effect, and 
 such sanction may be granted by a certificate from the town- 
 ship engineer declaring the said railway or tramway to be 
 in good condition, and constructed conformable with the con- 
 ditions prescribed in this agreement in that behalf and speci- 
 fications to be furnished. 
 
 11. The Company, their successors or assigns, shall run at 
 least two cars each Avay, morning and evening, on a regular 
 time-table, at such times as will best meet the Avants of the 
 residents and the general public. 
 
 12. In case the electric motor or car used by the said 
 Company, their successors or assigns, in operating the said 
 road, whilst passing along the said railway or tramway, shall 
 cause alarm to any horse or. other animal travelling or being 
 upon the said road with vehicle or otherwise, the motors or 
 cars of the said Company shall if it appears necessary be 
 stopped to enable the horse or other animal so alarmed to 
 pass the said motor, and the servants of the said Company 
 shall, in case of apparent rlanger. assist the person or persons 
 driving, riding or in charge of the horse or horses or other 
 animals that may be alarmed as aforesaid sc as to prevent 
 accident or injury to any person or persons, horse ot horses, 
 vehicle or other property of persons travelling, using or upon 
 said roadway. So far as safely can be done without causing 
 alarm or injury to horses or vehicles upon said roadway the 
 speed of the cars may be increased, not, however, to exceed 
 when on the public highway, at any time, such 'rate of speed 
 as shall be determined from time to time by the said Muni- 
 cipality. 
 
 13. The conductors on the cars of the said Company shall 
 announce to the passengers the names of the stations, streets 
 And highways, and public squares, as the cars or motors 
 reach them. And the said Company shall cause a gong or bell 
 connected Avith or upon said cars or motors to be sounded or 
 
24 
 
 rung in approaching crossings and at such other times and 
 places as may be determined by the said Municipality. 
 
 For facilitating the running of the Company's cars, 
 sleighs or other conveyances may be used. 
 
 15. When the accumulation of ice or snow is in the opinion 
 of the township engineer or the said council, sufficient to im- 
 pede the running of the cars, the Company shall on receiving 
 notice from him or them remove the same or provide sleighs 
 or other conveyances as provided in the preceding section, and 
 when the snow is removed from the track the Company shall 
 level down the snow^ on the roadway so as to be convenient for 
 the travelling public to the satisfaction of the said engineer. 
 
 IG. The Company, their successors or assigns, shall be liable 
 for all damages occasioned by the existence of the rails or 
 cars of the said Company upon the said highway, and the 
 said Company, their successors or assigns, shall hold the said 
 Municipality harmless in all respects in respect thereof, and 
 upon demand shall forthwith pay to the said Municipality 
 all sums payable by or recovered against the said Municipality 
 in respect of such claim; provided however that the said Com- 
 pany, their successors or assigns, shall have been notified by 
 the said Municipality upon any such claim having been made. 
 
 17. Should the Company, their successors or assigns, neglect 
 to keep their track or road or crossings or ballastings in good 
 condition according to the terms of this agreement, the said 
 Municipality may give notice requiring, such repairs to be 
 made forthwith, and if after such notification given requir- 
 ing such repairs to be made, the said Company, their suc- 
 cessors OT assigns, do not wnthin two weeks begin and carry to 
 completion such repairs with all reasonable diligence, the said 
 Municipality shall be at liberty to place the said highway in 
 a proper state of repair at the expense of the said Company, 
 their successors or assigns. 
 
 The said Company, for themselves, their successors or as- ' 
 signs, hereby agree to pay for such work on demand* and if 
 not paid in ten days after such demand the said Municipality 
 may take possession of the road until such expenses are paid. 
 
 18. The rights and privileges granted by this agreement 
 shall extend over a period of twenty years from the date 
 hereof, renewable for further periods of twenty years, renew- 
 able upon such terms and conditions as may be agreed upon 
 between the said Municipality and the said Company, or in 
 case of disagreement between the said parties, upon such 
 terms and conditions as may be determined by arbitration 
 uufler the ])rovisions of The Mumcipal Act. or the said rail- 
 way and the real and personal property connected therewith 
 may be assuuuMl by tlu' said ]\rinvicii)ality as ])i'()\ id(>d bv The 
 
25 
 
 Street Railwcuj Ad. but the fi-Miichisi! hereby granted shall 
 not be considered as ^issets of the said Company. 
 
 II). No motive power other than electi'icity sliall be used 
 by the said Company except with tlie a])pr()vjil oT the said 
 Municipality. 
 
 20. That the Company, their successors or assigns, shall be 
 subject to all l)y-laws and parts of by-laws of the said Muni- 
 cipality now in force, or that may hereafter be passed in 
 respect to the street, roads and highways in so far as applic- 
 able. 
 
 21. Provided always, and it is hereby agreed by and be- 
 tween the said Municipality and the said Company, their suc- 
 cessors and assigns, that the said Company shall commence 
 the construction of the mid railway or tramway not later than 
 two years from the date of this agreement, and shall com- 
 plete the same within three years from the said date, but the 
 time for completion of certain sections of the said railway 
 may be extended by the said Municipality upon good cause 
 for such extension of time being shown. 
 
 22. And the said Company, their successors and assigns, 
 hereby covenant and agree with the said Municipality that 
 when the construction of the said railway is commenced it 
 shall be proceeded wIlIi continuously, and with due diligence, 
 until it reaches the intersection of Danforth Road and Dawes 
 Eoad in the said Municipality, affording the residents of the 
 village of Little York (Colman P. 0.) communication with 
 the City of Toronto, 
 
 23. The fares to be charged by the said Company for a 
 single passage over the said railway to or from any point in 
 the Township of York, from or to the limits of the City of 
 Toronto, shall not exceed five cents for each passenger, pro- 
 vided, however, that children in arms shall be carried free 
 of charge, but between the hours of 11.30 o'clock in the after- 
 noon and 5 o'clock in the forenoon the said Company shall 
 have the right to charge double the said fare. 
 
 2'4. It is hereby agreed by and between the parties hereto 
 for themselves, their successors and assigns, that whenever in 
 this agreement any matter or thing is to be done or per- 
 formed subject to the permission, consent, concurrence or di- 
 rection of the said Municipality, such permission, consent, 
 concurrence or direction shall be sufficient if given by such 
 officer or committee as may be appointed for that purpose by 
 the conncil of the said .Municipality or by any committee 
 thereof authorized to make such appointment, subject to the 
 approval of said Municipality, and the services of any ])ro- 
 fessional officer appointed by virtue hereof shall be paid for 
 by the said Company when the said work is performed. 
 
26 
 
 25. The Company^ their successors or assigns, covenant and 
 agree Avith the said Municipality that they will build and 
 operate continuously their said railway from the easterly 
 limit of the City of Toronto to the intersection of the Dan- 
 forth Eoad with Dawes Road at Dawes Corners, within twelve 
 months from the date of the commencement of the coUvStrue- 
 tion of said railway or any part thereof in any municipality. 
 
 26. It is furthermore agreed that should the Company, 
 their successors or assigns, fail to construct their road within 
 the time specified within this agreement to the intersection of 
 the Danforth Eoad and the Dawes Road at Empringham's 
 corner in the Municipality, and thereafter to continuously 
 operate the same, all rights and privileges over all roads 
 within the said Municipality and all other privileges granted 
 under this agreement shall become null and void as if the 
 same had never been entered into, provided always that at 
 the request of the said Company, their successors or assigns, 
 the above clause, condition or penalty may be altcrod. modi- 
 fied, amended or waived by any by-law or by-laws passed from 
 time to time by the said Municipality, their successors or 
 assigns, and the said by-law or by-laws may at any subse- 
 quent time or times be amended, altered or repealed by the 
 said Municipality, their successors or assigns. 
 
 In witness whereof, the said Municipality, being the cor- 
 poration of the Township of York, has hereunto fixed its 
 corporate seal by the hands of the reeve and clerk of the 
 said township, and the said Company, The Toronto and Scar- 
 boro' Electric Railway, Light and Power Company (Limited), 
 has hereunto affixed its corporate seal by the hands of the vice- 
 president and secretary. 
 
 Signed, sealed, executed 
 and delivered in the 
 presence of 
 
 S. T. Humberstone, 
 W. A. Clarke and 
 A. W. Dingman, 
 W. A. Warrett, 
 Ada C. Clarkson, 
 for signature of 
 John Hall am. 
 
 (Signed) 
 S. T. Humbeistone, [L.S.] 
 Reeve. 
 
 (Signed) 
 W. A. Clarke, 
 
 Clerk. 
 
 (Signed) 
 
 John Hall am , 
 
 Yico-Prcsident. 
 
 (Signed) 
 A. W. Dingman, [L.S.] 
 Secretarv. 
 
27 
 
 This iDdentiire, made in (liiplicaic the sixicciiih day ol: 
 November, one thousand eigfit hundred and ninety-two, 
 between the Corporation of the V^illago of East Toronto, 
 hereinafter called " the MunicipaUty/' of the first part, 
 and the Toronto and Scarboro' Electric Railway, Light 
 and Power Company (Limited), hereinafter called the 
 Company of the second ]^art. 
 
 Whereas certain persons were by letters patent under the 
 Great Seal of the Province of Ontario, bearing date the 
 eighteenth day of x\ugust,*A.D. 189'^, incorporated as a body 
 corporate and politic for the purposes therein mentioned, by 
 the name of " The Toronto and Scarboro' Electric Paihvay 
 Light and Power Company (Limited)," and 
 
 Whereas the Company in and by the said letters patent 
 was among other things empowered to construct, maintain, 
 complete and operate, and from time to time remove and 
 change as required, a double or single iron railway with the 
 necessary side-tracks and turnouts for the passage of cars, 
 carriages and other vehicles adapted to the same upon and 
 along such of tlie streets or highways within the said Muni- 
 cipality as the council thereof might by l^y-law authorize, and 
 to take, transport and carry passengers and freight upon the 
 same and to construct and maintain all necessary works, 
 buildings, appliances and conveniences connected therewith 
 under and subject to any agreement or agreements thereafter 
 to be made between the said Company and the said Munici- 
 pality relating to the construction and maintenance of the 
 said railwey, and to other matters connected therewith, pur- 
 suant to the provisions of Tlie Street Failway Ad, being- 
 chapter 171 of the Revised Statutes of Ontario, 1887; and 
 
 Whereas the said Company in and by the said letters patent 
 was among other things empowered to construct, maintain, 
 complete and operate works for the production, sale and dis- 
 tribution of electricity for purposes of light, heat and power, 
 and to conduct the same by any means through, under and 
 along the streets, highways and public places within the said 
 Municipality subject to such agreement in respect thereof as 
 should be made between the said Company and the said Muni- 
 cipality pursuant to the provisions of The Act respecting 
 Companies for Steam and Heatinq or for Supplying Electri- 
 city for Light, Heat or Power, being chapter 165 of the Re- 
 vised Statutes of Ontario, 1887; and whereas in and by 
 the said Letters Patent, and pursuant to the provisions of 
 the said Acts and of The Alunicipal Act, the council of the 
 said Municipality is authorized to pass by-laws and to make 
 and enter into any agreements or covenants relating to the 
 construction and maintenance of railways or tramways, and 
 
28 
 
 to the production^ sale and distribution of electricity, over 
 and along the streets or highways within the said Municipal- 
 ity on such terms and conditions as may be necessary for the 
 safety and convenience of the public; and, whereas the said 
 Company has petitioned the council of the said Municipality 
 to sanction the construction and operation by the said Com- 
 pany of an electric railway or tramway, and the necessary 
 works for the production, sale and distribution of electricity 
 over, along and upon certain streets and highways within 
 the said Municipality, which said streets and highways are 
 hereinafter particularly defined, and has asked that certain 
 other privileges and immunities should be granted to the 
 said Company, its successors and assigns; and whereas the 
 said Company has proposed to construct and operate such 
 electric railway and the said works for the production, sale 
 and distribution o"f electricity over, along and upon the said 
 streets and highways, and is desirous of obtaining the neces- 
 sary permission so to do ; and whereas the party hereto of tho 
 first part, being the corporation of the village of East Toronto, 
 is willing to grant such permission upon the terms and condi- 
 tions hereinafter set forth, and to enter into an agreement 
 with the said Company such as is hereinafter contained, now 
 this agreement witnesseth that the said Municipality and the 
 said Company in pursuance of all the powers in that behalf 
 enabling them so to do, by these presents do for themselveS; 
 their successors and assigns, respectively covenant and agree 
 each with the other of them as follows : — 
 
 1. That the said company, its successors and assigns, be 
 permitted without let or hindrance from the said Munici- 
 pality, its successors and assigns, to construct, maintain, com- 
 plete and operate, and from time to time remove, change and 
 repair as requiTcd an iron or steel railway track or tracks, 
 with tlie necessary side-tracks, switches and turnouts for the 
 passage of cars and other vehicles adapted to the same, over, 
 along and upon the following streets and highwa3^s within 
 tho said Municipality, namely: — 
 
 (a) The original allowance for a road between the first 
 concession from the bay and the broken front thereof (known 
 as Queen street east), fi'om its intersection with the w^esterly 
 limit of the Village of East Toronto to its intersection with 
 the easterly limit of tlie said village. 
 
 (h) Gerrard sti'eet from the eastej-ly to the westerly limit 
 of IIkj said Municipality. 
 
 (c) The original allowance for a road between the first 
 and second concessions from the bay in the Township of York 
 (known as Danforth Road), from the easterly to the westerly 
 limii of the said Municipality. 
 
29 
 
 (d) Balsam Avenue from its intersection with Queen 
 Street to its soutlierly termination. 
 
 2. That the said Company^ its successors and assigns, shall 
 have the right within the said Municipality to construct, 
 maintain, complete and operate works for the production, 
 sale and distribution of electricity for purposes of light, heat 
 and power, and to conduct the same as hereinafter provided, 
 through, under and along the streets, roads and highways 
 aforesaid, and through, under and along such other high- 
 ways and parts of the said Municipality as the council thereof 
 may from time to time by by-law authorize, subject always 
 to the terms and conditions of this agreement so far as the 
 same are applicable. 
 
 3. That the said railway or tramway and the said works for 
 the production and distribution of electricity and all works, 
 plant and appliances connected therewith, shall be of approved 
 material and construction, and shall be made in a substantial 
 manner and according to the best modern practice at the time 
 or times of construction, and the same shall be worked and 
 carried on from time to time under such regulations as may 
 be necessary for the protection of the inhabitants of the 
 said Municipality and of the public generally. 
 
 4. The roadway, track and rails of the said rails of the said 
 railway or tramw^ay shall be located and constructed on and 
 along such portion of the highways aforesaid as sliall be 
 determined by the said Municipality and plans thereof show- 
 ing the proposed position of the railway, track, rails and 
 other works of the said railway on and along the said high- 
 ways, shall be submitted to and approved of by the said 
 Municipality before the construction of the said railway or 
 tramway shall be commenced. 
 
 5. All the space between the rails of the said railway and 
 that part of the roadway outside of the rails to a distance of 
 eighteen inches on both sides thereof shall be kept in a good 
 state of repair by the Company and the said roadway shall 
 be maintained flush (as far as practicable) with the rails 
 of the said railway or tramway by the said Company, its suc- 
 cessors and assigns, and the said Company shall also be bound 
 to construct and keep in repair crossings of a character ap- 
 ])roved of by the said Municipality on the line of the said 
 railway, within the limits of the highways above described 
 at the intersection of the said railway or tramway track, with 
 all cross-streets or highways now open or hereafter to be 
 opened, and whenever bridges, culverts or waterways are 
 found to be necessary by reason of the said railway for drain- 
 
30 
 
 age or other purposes the same shall be constructed by the 
 Company in a manner to be approvecl of by the said Muni- 
 cipality. 
 
 6. All the tracks and turnouts of the said railway shall 
 conform to the grades of the said streets, roads and high- 
 ways, unless otherwise determined by the said Municipality, 
 and the said Company shall not in any way change or "alter 
 the same except wdth the ^proval of the said Municipality. 
 
 7. That the said Municipality shall have the right to take 
 \ip any part of the streets or highways traversed by the rails 
 of the said railway either for the purpose of altering the 
 grade thereof, constructing and repairing of sewers, drains, 
 culverts or side-crossings, for laying down or repairing gas 
 0] Avater-pipes, and for all other purposes Avithin the province, 
 power and privileges of the said Municipality, and the enu- 
 meration of the foregoing purposes shall not be held to limit 
 the Municipality to such purposes or to exclude any other 
 powers whatever of the Municipality, whether of the same 
 kind as those enumerated or otherwise, and the Company, 
 its successoi-s or assio-ns, shall not be entitled to any com- 
 pensation for damages occasioned thereby to the railway or 
 to the working of the same or to the works connected there- 
 with, and such alterations or repairs shall in all cases be 
 made in such a way as to interfere as little as possible with 
 the convenient working of the said railway or tramway. 
 
 8. The rails to be used by the said Compan}^, its successors 
 and assigns, shall be the ordinary flanged T-shaped rails, and 
 the cars and motors to be used on the said railway shall be of 
 an approved modern design. 
 
 9. All persons using the said roads or highways shall be at 
 liberty to travel o]i any portion of the travelled roadway 
 occupied by the said railway or tramway, and in the same 
 manner as upon other portions of the highway, and vehicles 
 of every description are to be allowed upon such portions of 
 the said highways. It being provided that the cars of the 
 said Company, its successors or assigns, have the first right 
 of way over the said railway or tramway, and all vehicles or 
 persons travelling on that portion of the highway occupied 
 by the said railway or tramway shall turn out upon meeting 
 or being overtaken by any cars or motors of the said Com- 
 pany, its successors or assigns, so as to give them full right 
 of way. 
 
 10. The said railway or tramway and the works herein- 
 before mentioned, shall not be opened or put into operation 
 until the sanction of the said Municipality has been obtained 
 and certified in writing. 
 
31 
 
 11. The Company, its successors or assigns, shall run cars 
 or motors according to a regular time-table, and at such 
 hours as will best meet the wants of the residents of the 
 Municij)ality and the general public. 
 
 12. In case the electric motors or cars used hy the Com- 
 pany, its successors or assigns, in operating the said railway, 
 whilst passing along the said railway oi- ti-annvay shall cause 
 alarm to any horse or horses travelling or being upon said 
 j'oad with vehicle or otherwise, the motors or cars of the Com- 
 pany shall, if necessar}^, be stopped to enable or allow the 
 liorse or horses so alarmed to pass the said motors or caTS, 
 and the servants of the said Company shall, on request, assist 
 the person or persons driving, riding, or in charge of the 
 horse or horses that may be alarmed as afpi'csaid, so as to 
 ])revent accident or injury to (he person or ])ers()ns, horse or 
 horses, vehicles or other property of persons travelling, using 
 or upon said roadway. 
 
 13. The maximum rate of speed at which the cars or motors 
 of the said Company shall run or travel shall be determined 
 from time to time by the said Municipality. 
 
 14. The conductors on the cars or motors of the said Com- 
 pany shall announce to the passengers the names of the 
 stations, streets, highways and public squares, as the cars 
 or motors reach them, and a gong or bell shall be carried on 
 every motor or train of cars in motion, and on approaching 
 a crossing or any public or other place where warning is 
 required, the same shall be rung or sounded in such a manner 
 as to give due warning of the approach of the motor or train 
 of cars. 
 
 15. When the accumulation of snow or ice is sufficient to 
 impede the running of the cars^ the Company shall remove 
 the same, and when the snow is removed from the track the 
 Company shall level down the snow on the roadway so as to 
 be convenient to the travelling public to the satisfaction of 
 the said Municipality. 
 
 IG. The Company^ its successors or assigns, shall Le liable 
 for all injury and damage occasioned by the construction of 
 the railway, the existence of the rails or cars of the Com- 
 pany upon the said highway, and by the working of the rail- 
 way or otherwise by reason of the railway, and the said Com- 
 pany, its successors or assigns, shall hold the said Munici- 
 pality, in all respects, harmless in respect thereof, and upon 
 demand shall forthwith pay to the said Municipality all sums 
 payable by or recovered against the said Municipality in 
 respect of claims for any such injury or damage, and the 
 said Company, its successors or assigns, shall always be noti- 
 
32 
 
 lied without delay by tlie said Municipality upon any such 
 claim being made. 
 
 17. Should the Company^ its successors or assigns^ neglect 
 to keep its tracks road, crossings, or ballasting in good con- 
 dition according to the terms of this agreement or to have 
 the necessary repairs according to this agreement made there- 
 on, the said Municipality may give notice requiring such re- 
 pairs to be made forthwith, and if after such notification 
 given requiring such repairs to be made, the said Company, 
 its successors or assigns, do not within one week begin and 
 carry to completion such repairs with all reasonable diligence, 
 the said Municipality shall be at liberty to place the said 
 highwa}^ in a proper state of repair at the expense of the said 
 Company, its successors or assigns, the said Company for 
 itself, its successors or assigns, hereby agreeing to pay for 
 such work on demand. 
 
 18. The rights and privileges granted by this agreement 
 shall extend over a period of twenty 3^ears from the date 
 hereof. 
 
 19. N'o motive power, other than electricity, shall be used 
 by the said Company except with the approval of the said 
 Municipality, unless in the case of accident or necessity, when 
 horses may be used for the time being. 
 
 20. The Company, its successors or assigns, sliall be sub- 
 ject to all by-laws and parts of by-laws of the said Munici- 
 pality now in force or that may hereafter be passed in re- 
 spect of streets, roads, and higliways, in so far as practicable. 
 
 21. Provided always and it is hereby agreed by and be- 
 tween the said Municipality and the said Company, their 
 successors or assigns, that the said Company shall commence 
 the construction of the said railway or tramway not later 
 than one year from the date of this agreement, and shall 
 complete the same wdthin two years from the said date, but 
 the time for the completion of certain sections of the said 
 railway may be extended by the said Municipality upon 
 good cause for such extension of time being shown. 
 
 22. That the Company shall carry ])assengers from any point 
 in the said Municipality to any other point Avithin the same in 
 one direct and continuous journey, and also from any point in 
 tjiQ said Municipality to the City of Toronto at a convenient 
 point for connection with the street car system of the Toronto 
 Railway, in a direct and continuous journey, for the following 
 fares or charges, namely; for each adult passenger not more 
 than five cents, and on request the Company shall issue six 
 tickets for twenty-five cents; for each child under ten years 
 of age not more than three cents; and children in arms shall 
 
33 
 
 in all cases be carried free. The Coiiipuiiy lurtiver agrees to 
 procure or endeavour to procure a system of transfer tickets 
 with the Toronto Eailway Company, and if the same be not 
 arranged or agreed upon between the said companies the same 
 shall be determined by arbitration pursuant to the provisions 
 of The Municipal Act in that behalf. 
 
 23. It is hereby agreed by and between the parties hereto 
 for themselves, their successors and assigns, that whenever in 
 this agreement any matter or thing is to be done or performed 
 subject to the permission, consent, concurrence or direction 
 of the said Municipality, such permission, consent, concur- 
 rence or direction shall be sufficient if given by such officer or 
 committee as may be appointed for that purpose by the coun- 
 cil of the said Municipality, or by any committee thereol.' 
 authorized to make such appointment, and the services of 
 any professional officer appointed by virtue hereof shall be 
 paid for 1)y the said Company. 
 
 In witness whereof the said Municipality, being the cor- 
 poration of the Village of East Toronto, has hereunto affixed 
 its corporate seal by the hands of the chairman of ffiiance and 
 the clerk of the said Municipality, and the said Company, 
 The Toronto and Scarl)oro^ Electric Eailway, Light and Power 
 Company (Limited), has hereunto affixed its corporate seal 
 by the hands of the vice-president and secretary. 
 
 Sio:ned, sealed, executed and 
 
 delivered in the presence 
 of 
 
 n. E. Morton^ as to exe- 
 cution by the A^illage of 
 East Toronto. 
 
 Thos. a. Eowa^^, as to sig- 
 natures of John Hal lam 
 and A. W. Dino^man. 
 
 B. MoRTOIvT^ 
 
 Chairman of Finance. 
 
 W. H. Clay, (L.S.) 
 Clerk East Toronto. 
 
 Joii^" Hall AM, 
 
 Vice-President. 
 
 A. W. DixGMAN, (L.S.) 
 Secretary. 
 
 This indenture, made in duplicate the sixteenth day of 
 November, in the year of our Lord, one thousand eight 
 hundred and ninety-two, between the corporation of the 
 township of Scarboro^, one of the municipalities of the 
 County of York, hereinafter called " the Municipality 
 of the first part, and The Toronto and Scarboro' Elec- 
 tric Eailwa}^, Light and Power Company (Limited), here- 
 inafter called " the Company " of the second part. 
 
 Whereas certain persons were, by letters patent under the 
 Great Seal of the Province of Ontario, bearing date the eigh- 
 3 
 
34 
 
 teenth da}^ of AugTist, A.D. 1892^ incorporated as a body cor- 
 porate and politic^ for the purposes therein mentioned, by 
 the name of " The Toronto and Scarboro' Electric Eailway, 
 Light and Power Company (Limited) ; and 
 
 AVliereas the Company in and by the said letters patent 
 was among other things empowered to construct^ maintain, 
 complete and operate, and from time to time remove and 
 change as required a double or single iron railway, with the 
 necessary side-tracks and turnouts for the passage of cars, 
 carriages and other vehicles adapted to the same, upon and 
 along such of the streets or highways within the said Munici- 
 pality as the council thereof may by by-law authorize, and 
 to take, transport and carry passengers and freight upon the 
 same, and to construct and maintain alk necessary works, 
 buildings, appliances and conveniences connected therewith, 
 under and subject to any agreement or agreements thereafter 
 to be made between the said Company and the said Munici- 
 pality, relating to the construction and maintenance of the 
 said railway, and to other matters connected therewith, pur- 
 suant to the provisions of The Slreet Rail way Act, being 
 chapter 171 of the Revised Statutes of Ontario, 1887 ; and 
 
 Whereas the said Company, in and by the said letters 
 patent, was among other things, empowered to construct, 
 maintain, complete and operate works for the production, sale 
 and distribution of electricity for purposes of light, heat and 
 power, and to conduct the same by any means through, un- 
 der and along the street, highways and public places within 
 tlie said Municipality, subject to such agreement in respect 
 tliereof as shall be made between the said Company and the 
 said Municipality, pursuant to the provisions of The Act 
 respecting Companies for Steam and Heating, or for supply- 
 ing Electricity for Light, Heat or Potver, being chapter 165 
 of the Eevised Statutes of Ontario, 1887, and 
 
 Whereas in and by the said letters patent, and pursuant to 
 the provisions of the said Acts, and of Tlie Municipal Act, 
 the council of the said Municipality is authorized to pass by- 
 law^s and to make or enter into any agreements or covenants 
 relating to the construction and maintenance of railways or 
 tramways, and to the production, sale and distribution of 
 electricity over, along and upon the streets or highways 
 within the said Municipality on such terms and conditions 
 as may be necessary for the safety and convenience of the 
 public; and 
 
 Whereas the said Company has petitioned the council of 
 the said Municipality to sanction the construction and opera- 
 tion by the said Company of an electric railway or tramway. 
 
35 
 
 and the necessary' works for the production^ sale and distribu- 
 tion of electricity over, along and upon certain streets and 
 liighways within the said Municipality, which said streets and 
 highways are hereinafter particularly defined, and have 
 asked that certain other privileges and immunities should be 
 granted to the said Company, its successors and assigns; and 
 
 Whereas the said Company has proposed to construct and 
 operate such electric railway and the said works for the pro- 
 duction, sale and distribution of electricity over, along and 
 upon the said streets and highways, and is desirous of obtain- 
 ing the necessary permission so to do; and 
 
 Whereas the parties hereto of the first part, being the cor- 
 poration of the township of Scarboro', are willing to grant 
 such permission upon the terms and conditions hereinafter 
 sot forth, and to enter into an agreement with the said Com- 
 pany such as is hereinafter contained. 
 
 ^ow this indenture witnesseth that the said Municipality 
 and the said Company, in pursuance of all the powers in that 
 behalf enabling them so to do, have covenanted and agreed, 
 and by these presents do for themselves, their successors and 
 assigns, covenant and agree each with the other of them as 
 follows : — 
 
 1. That the said Company, its successors and assigns, be 
 permitted, without let or hindrance from the said Munici- 
 pality, its successors or assigns, to construct, maintain, com- 
 plete and operate, and from time to time remove, change and 
 repair as required a single iron or steel railway with the 
 necessary side-tracks, switches and turnouts for the passage 
 of cars, carriages and other vehicles adapted to the same, 
 over, along and upon the following streets, roads and high- 
 ways within the said Municipality, -namely : (a) Concession 
 A or Queen Street produced from the westerly limit of this 
 municipality to the easterly limit of Blantyre Avenue; (b) 
 Blantyre Avenue from its intersection with concession A or 
 Queen Street northerly to its intersection with Gerrard Street ; 
 (c) Gerrard Street from the westerly limit of this Munici- 
 pality to the easterly limit of Blantyre Avenue; (d) the side 
 line between lots 32 and 33 in concession A from its southerly 
 termination at the boundary line of this i\[unicipality north- 
 erly to the northerly limit of the road between concessions 
 A and B, knoAvn as the Danforth Eoad; (e) the said Dan- 
 forth Eoad from the said easterly limit of the said side line 
 between lots 32 and 33 aforesaid to the westerly limit of this 
 Municipality. 
 
 2. That the said Compan}', its successors and a. 'signs, shall 
 have the right and privilege within the said jMunicipality to 
 
3G 
 
 construct, maintain, complete and operate works for the pro- 
 duction, sale and distribution of electricity for purposes of 
 light, heat and power, and to conduct the same, as hereinaf- 
 ter provided, through, under and along the streets, roads and 
 highways aforesaid, and through, under and along such other 
 parts of the said Municipality as the council thereof may 
 from time to time by by-law authorize, subject always to the 
 terms and conditions of this agreement, so far as the same 
 are applicable. 
 
 3. That the said railway or tramway, and the said works 
 for the production and distribution of electricity and all 
 works, plant and appliances connected therewith; shall be of 
 approved material and construction, and shall be made and 
 constructed in a substantial manner and according to the best 
 modern practice, and the same shall be worked and carried on 
 under such regulations as may be necessary for the protection 
 of the inhabitants of the said Municipality and of the public 
 generally. 
 
 4. The roadway, track and rails of the said railway or tram- 
 way shall be located and constiiicted on and along such por- 
 tion or portions of the said streets, roads and highways as 
 shall be determined by the said Municipality before the con- 
 struction of the said railway or tramway shall be commenced. 
 
 5. All the space between the rails of the said railway and 
 the roadway to a distance of eighteen inches on both sides 
 thereof shall be kept in a good state of repair, and the said 
 roads shall be maintained flush, so far as practicable, with 
 the rails of the said railway or tramway by the said Company, 
 its successors or assigns, who shall also be bound to construct 
 and keep in repair crossings of a character approved of by 
 the said Municipality within the limits aforesaid at the inter- 
 section of the said railway or tramway track, with all cross- 
 streets, lanes and highways now or hereafter opened, and such 
 other portions of the said railway as may be ordered by the 
 said Municipality, and whenever bridges, culverts or water- 
 ways are found to be necessary for drainage or other purposes, 
 the same shall be constructed in a manner to be approved of 
 by the said Municipality. 
 
 6. All tracks and turnouts shall conform to the grades of 
 the said streets, roads and highways, unless otherwise deter- 
 mined by the said Municipality, and the said Company shall 
 not in any way change or alter the same except with the 
 approval of the said Municipality. 
 
 7. The location of the line of the said railway on the said 
 streets, roads and highways shall not be made until the plans 
 
37 
 
 thereof, showing the j^ositioii oC the i-ails and otlier works 
 on the said streets, roads or liighways, shall liave been sub- 
 mitted to and approved ot by the said iMunieipaiity. 
 
 8. That the said Municipality shall have the right to take 
 up an}^ 2)art of the streets, roads or liighways traversed by 
 the rails of the said railway, eitJier for the purpose of alter- 
 ing the grade thereof, constructing and lepairing of sewers, 
 drains, culverts or side-crossings, or for laying down or re- 
 pairing gas or water-pipes, and for all other purposes within 
 the province and privilege of the said Municipality, without 
 the Company, its successors or assigns, being entitled to any 
 compensation for any damages occasioned to the working of 
 the said railway or tramway or works connected therewith, 
 and such alterations or repairs sliall be made in such a way 
 as to intei'fere as little as possible with the convenient work- 
 ing of the said railway or tramway. 
 
 1). The rails to be used by the said Company, its successors 
 and assigns, sliall be the ordinary flanged T-shaped rails, and 
 the cars and motors to be used on the said railway shall be 
 of an approved modern design. 
 
 10. All persons using the said road shall be at liberty to 
 travel upon any portion of the travelled roadway occupied 
 by the said railway or tramway, and in the same manner as 
 upon other portions of the highway, and vehicles of every 
 description are to be allowed upon such portions of the said 
 highways, it being provided, however, that the cars and mo- 
 tors of the said Compau}'^, its successors or assigns, have the 
 first right of way over the said railway or tramway, and all 
 vehicles or persons travelling on that portion of the said high- 
 way occupied by the said railway or tramwa}^ shall turn out 
 upon meeting or being overtaken by any cars or motors of the 
 said Company, its successors or assigns, so as to give them 
 full right of way. 
 
 11. The said railway or tramway and the works herein- 
 before mentioned shall not be opened or put in operation un- 
 til the sanction of the said Municipality has been obtained 
 and certified in writing. 
 
 12. The Company, its successors or assigns, shall run at 
 least two cars each way morning and evening on a regular 
 time-table, at such hours as will best meet the wants of the 
 residents and the general public. 
 
 13. In case the electric motors or cars used by the said Com- 
 pany, its successors or assigns, in operating the said railway, 
 whilst passing along the said railway or tramway, shall cause 
 alarm to any horse or horses travelling or being upo^i the 
 
38 
 
 said road with vehicle or otherwise^ the motors or cars of tlie 
 said Company shall^ if necessary^ be stopped to enable or 
 allow the horse or horses so alarmed to pass, and the servants 
 of the said Company shall on request assist the person or per- 
 sons driving, riding or in charge of the horse or horses that 
 may be alarmed as aforesaid so as to prevent accident or in- 
 jury to persons or to horses, vehicles or other property of 
 persons travelling, using or being upon said roadway 
 
 14. The maximum rate of speed at which the cars or motors 
 of the said Company shall run or travel shall be determined 
 from time to time by the said Municipality. 
 
 15. The conductors on the cars or motors of the said Com- 
 pany shall announce to the passengers the names of the sta- 
 tions, streets, highways and public squares as the motors or 
 cars reach them, and the said Company shall cause a gong or 
 bell connected with or upon the said cars or motors to be 
 sounded or rung on approaching crossings and at such other 
 places and times as may be determined by the said Munici- 
 pality. 
 
 16. When the accumulation of snow or ice is sufficient to 
 impede the running of the cars the Company shall remove 
 the same, and when the snow is removed from the track the 
 Company shall slant down the same on the roadway so as to 
 be convenient to the travelling public, to the satisfaction of 
 the said Municipality. 
 
 17. The Company, its successors and assigns, shall be lia- 
 ble for all damage occasioned by the existence of the rails or 
 by the running of the cars of the said Company upon the said 
 highways, and the said Company, its successors or assigns, 
 shall hold the said Municipality in all respects harmless in 
 respect thereof, and upon demand shall forthwith pay to the 
 said Municipality all sums payable by or recoverable against 
 the said Municipality in respect of any claim for any such 
 damage; provided, however, that the Company, its successors 
 or assigns, shall have been notified by the said Municipality 
 upon any sudi claim having been made. 
 
 18. Should the Compaiiy, its successors or assigns, neglect 
 to keep its track, road, crossings, or ballasting in good condi- 
 tion according to the terms of this agreement, or to have 
 the necessary repairs according to the terms of this agreement 
 made thereon, the said Municipality may give notice requir- 
 ing such repairs to be made forthwith, and if after such noti- 
 fication given requiring such repairs to l)e made, tlie said Com- 
 pany, its successors or assigns, do not within one week begin 
 and carry to completion such repairs with all reasonable dili- 
 gence, the said Municipality shall be at liberty to place the 
 
39 
 
 said liighways in a proper state of repair at the expense of the 
 i^aid Company, its successors or assigns, the said Company for 
 itself, its successors and assigns, hereby agreeing to pay for 
 such work on demand. 
 
 19. The rights and privileges granted by this agreement 
 shall extend over a period of twenty years from the date 
 hereof, renewable upon such terms and conditions as may be 
 agreed upon between the said Municipality and the said ('om- 
 pany, or in case of disagreement between the said parties, 
 upon such terms and conditions as may be determined by arbi- 
 tration under the provisions of Tlie Municipal Ad, or the 
 said railway and the said electric lighting system, and the real 
 and personal property connected therewith may be assumed 
 by the said Municipality as provided by The Street Rail- 
 way Act, but in estimating the value of the real and per- 
 sonal property the rights and privileges herein granted by 
 the said Municipality shall not be considered assets of the 
 said Company. 
 
 20. No motive power other than electricity shall be used 
 by the said Company except w^ith the approval of the said 
 Municipality. 
 
 21. That the Company, its successors or assigns, shall be 
 subject to all by-laws and parts of by-laws of the said Munici- 
 pality now in force or that may hereafter be passed in respect 
 to streets, roads and highways in so far as practicable. 
 
 22. Provided always and it is hereby agreed by and between 
 the said Municipality and the said Company, their successors 
 and assigns, that the said Company shall commence the con- 
 struction of the said railway or tramway not later than eigh- 
 teen months from the date of this agreement, and shall com- 
 plete the same within three years from the said date, but 
 the time for the completion of certain sections of the said 
 railway may be extended by the said Municipality upon good 
 cause for such extension of time being shoAvn. 
 
 23. The fares to be charged by the said Company shall not 
 exceed a rate per mile of three cents for each adult and one 
 and one-half cents for each child under twelve years of age, 
 but the said Company shall not bo obliged to carry any adult 
 passenger any distance for less than five cents, nor any child 
 of the age aforesaid for less than three cents, but between the 
 hours of eleven o'clock in the evening and six o'clock in the 
 morning the said Company shall have the right to charge 
 double the said fares.* 
 
 24. It is expressly understood and agreed by and between 
 the parties hereto that this indenture is to be construed as 
 
40 
 
 giving only such permission or franchise as the said Munici- 
 pality has power to give^ and if it shall be held by any court 
 of competent jurisdiction that the said Municipality has not 
 power to give the permission or franchise hereby assumed to 
 be given, this indenture shall thereupon be null and void and 
 of no effect. 
 
 25. And the said Company for itself, its successors and 
 assigns, covenants and agrees with the said Municipality, its 
 successors and assigns, that the said Company will forever 
 hold harmless and indemnif}^ the said Municipalit}^ its suc- 
 cessors and assigns, for all damages, costs and charges arising 
 out of or in consequence of or in connection with the prosecu- 
 tion or defence of any suit, action or proceeding that ma}^ be 
 undertaken at the instance of the said Company or its assigns 
 for the purpose of ascertaining or declaring what powers may 
 be possessed by the said Municipality to give an exclusive or 
 other right to erect or maintain tracks or railways on the 
 said roads and highways in this indenture referred to, or in 
 any manner calling in question any rights given or arising 
 out of or intended to be given or to arise out of this inden- 
 ture, and the said Municipality hereby agrees to prosecute or 
 defend in the name of the said Municipality any action un- 
 der this section which the said Company or its assigns may 
 deem advisable in its interests to be prosecuted or defended, 
 provided that before the said Municipality shall be bound to 
 enter upon any ^^ueh ]n'osecution or defence the said Company 
 or its assigns shall give such security as may be approved of 
 by the said Municipality for the performance and fulfilment 
 and indemnification provided for by this section. 
 
 26. It is hereby agreed by and between the parties hereto 
 for themselves, their successors and assigns, that whenever in 
 this agreement any matter or thing is to be done or performed 
 subject to the permission, consent, concurrence or direction 
 of the said Municipality, such permission, consent, concur- 
 rence or direction shall be sufficient if given by such officer or 
 committee as may be appointed for that purpose by the 
 said Municipality or by any committee thereof authorized to 
 make such appointment, and the services of any professional 
 (officer appointed by virtue hereof shall be paid for by the 
 said Company. 
 
 In ^\'ituoss whoroof the saifl Miinici])ality. being the cor- 
 poration of the township of Scarboro', has hereunto affixed 
 its corporate seal by the hands of the reeve and clerk of the 
 said township, and the said Company, The Toronto and Scar- 
 boro' Electric TJailway, Light and Power Company (Limi- 
 
41 
 
 ted), lias hereunto affixed its corporate seal by tlie liands of 
 the vice-president and secretary. 
 
 Signed, sealed, executed and 
 delivered in the presence 
 of 
 
 Levi E. Annis, 
 
 For the Reeve and Clerk. 
 
 Thos. a. Eowan, 
 
 As to signatures of John 
 Hallam and A. W. Ding- 
 man. 
 
 JOIJN ElCHARDSOX, 
 
 Reeve. 
 rr..s.] 
 
 Tiios. Crawford, 
 
 Clerk. 
 
 John Hallam, 
 
 Vice-president. 
 
 A. W. DixGj\rA\^, 
 
 Secretary .\^^.^.'\ 
 
 3 Edw. VII., c. 19. 
 
 The Consolidated Municipal Act, 1903. 
 
 [Assented to 27th June, 1903.] 
 
 276. (4) The Council may fix by by-law the salaries to be Salaries of 
 paid to the members of the Board of Control, but the same Control^, 
 shall not exceed for each member the sum of $2,500 per 
 annum: 5 Edw. YII. cap. 22, s. 11. 
 
 276b. (1) Notwithstanding anything in this Act or in any Council and 
 jspecial Act contained upon and from the date of the next Q^ntroHn 
 municipal elections, the Municipal Council of the City of City of 
 Toronto shall thereafter consist of the Mayor and four ^o^*^'^^^- 
 Controllers to be elected from the City at large, and eight- 
 een Aldermen, three of whom shall be elected from each 
 of the six Wards of the City, and the four Controllers so 
 elected, together with the Mayor, shall be the Board of 
 Control for the said City. 
 
 (2) Each, elector entitled to vote for Mayor shall also be Election of 
 entitled to vote for four persons to be elected Controllers, and Alder- 
 or for one or more thereof less than four, and the Aldermen ^ne^^- 
 shnll l)e elected in the manner at present provided by law 
 
 by the mtinicipal electors entitled to vote in each of the 
 Wards in which they may be qualified so to vote. 
 
 (3) The candidates for the office of Controller shall be Nomination 
 nominated at the same time and place and in the same ^o^^^^^'o^^ers. 
 manner as candidates for the office of Mayor are nominated, 
 
42 
 
 Voting for 
 Controllers. 
 
 Qualitication 
 of Controller 
 in the City of 
 Toronto. 
 
 Directions to 
 voters. 
 
 Controllers to 
 have powers 
 of aldermen. 
 
 General [H'o- 
 visions not 
 applicable. 
 
 Duties of 
 Board of 
 Control. 
 
 Preparing 
 estimates. 
 
 Awarding 
 contracts. 
 
 and the provisions of this Act providing for the nomination 
 and election of a Mayor, including election by acclamation 
 and the filling of any vacancy that may occur in the said 
 office, shall, except as otherwise provided herein mutatis 
 mutandis, apply to the nomination and election of Control- 
 lers. 
 
 (4) Any peison desiring to vote for a Controller or for 
 Controllers shall do so by placing a cross opposite the name 
 or names of the candidates for whom he so desires to vote: 
 5 Edw. YII., cap. 22, s. 12. 
 
 (5) No person shall be qualified to be elected to the 
 office of Controller who does not possess the property and 
 other qualifications as required for Mayo'r by section 76 of 
 this Act: 6 Edw. A^L, cap. 34, s. 14."^ 
 
 (6) When at any such election in the City of Toronto 
 less than four Controllers are to be elected then each elector 
 shall only have the right to vote for as many candidates as 
 are to be elected : 5 Edw. VII., cap. 22, s. 14. 
 
 (7) All powers, duties and obligations given, conferred 
 or placed upon Aldermen in cities shall be possessed and 
 exercised by, and shall be binding upon any Controller pro- 
 vided for under this section. 
 
 (8) Sub-sections 1,, 2, 5, 6 and 7 of section 276 of this 
 Act shall not apply to the City of Toronto. 
 
 277.— (1) It shall be the duty of the Board of Control:— 
 (a) To prepare an estimate of the proposed expenditure 
 of the year and certify the same to the Council for its 
 consideration. The Council shall not appropriate or expend, 
 nor shall any officer thereof expend or direct the expenditure 
 of, any sum or sums not included in or provided for by such 
 estimates or in or by any special or supplementary estim- 
 ates duly certified by the Board to the Council, without the 
 affirmative vote of two-thirds of the members of the Coun- 
 cil present and voting, authorizing such additional appro- 
 priation or expenditure. But this prohibition shall not ex- 
 tend to the payment of any debenture, or other debt or lia- 
 bility lawfully contracted and payable, nor to the interest 
 thereon. 
 
 (h) To prepare specifications for and award all contracts 
 and foT that purpose to call for all tenders for works, mater- 
 ial and supplies, implements or machinery or any other 
 goods or property required and Avhich may lawfully be pur- 
 chased for the use of the Corporation, and to repoTt their 
 action to the Council at its next meeting. Upon the open- 
 ing of any tenders, the Cliairman or Board shall require 
 the presence of the head of the department or sub-depart- 
 ment with which the subject matter of such tender is con- 
 
43 
 
 nected, and of the City Solicitor when required. Such head 
 of depai-tment may take part in any (lis(;ussion at the Board 
 relating to such tenders, hut shall not he entitled to vote. 
 The Council shall not, unless upon an afhrmative vote ol' at 
 least two-thirds of the members of the Council present and 
 voting, reverse ot' vary the action ol' the Board of Control 
 in respect of such tender and decision of the Board thereon, 
 when the effect of such vote would be to increase the cost 
 of the work or to award the contract to a tenderer other 
 than that one to whom the Board of Control has awarded it. 
 
 (c) To inspect and report to the Council monthly or Inspecting 
 oftener upon all municipal works being carried on or in pro- ^orks.^^'^ 
 gress within the city. 
 
 {(]) To nominate to the Council all heads of departments 
 and sub-departments in case of any vacancy, and, after a corporation, 
 favorable report by the head of the department, any other 
 officer of the Corporation required to be appointed by by-law 
 or resolution of the Council, and any other permanent offi- 
 cers, clerks or assistants, and to recommend the salaries of 
 all officers and clerks; and no head of department or sub- 
 department or other permanent officer, clerk or assistant as 
 aforesaid shall be appointed or selected by the Council in 
 the absence of such nomination without an affirmative vote 
 of at least two-thirds of the members of the Council present 
 and voting; but the Council may, by a majority vote, refer 
 such nomination back to the Board of Control for reconsider- 
 ation. 
 
 (e) To dismiss or suspend any head of a department and ^"^P?";^'^^"^ 
 forthwith to report such dismissal or suspension to the officnrs. 
 Council. Where any head of department has been dis- 
 missed by the Board, he shall not be reappointed or re- 
 instated by the Council unless upon an affirmative vote 
 of at least two-thirds of the members of the Council pre- 
 sent and voting. 
 
 (/) To discharge all other duties heretofore assigned to or Other duties, 
 discharged by the Board of Administration under any by- 
 law of the municipality. 
 
 (2) In the absence of any by-law of the Council prescrib- Controlling 
 ing the mode of appointment of all or any other subordinate and^duties^of 
 officers, clerks, assistants, employees, servants and workmen subordinate 
 not included in clauses (d) and (e) of the preceding sub- " ^^^'^* 
 section, and required by any department or sub-department 
 for the due and proper discharge and performance of the 
 duties and w^ork thereof, the Board may, by regulation or 
 resolution, direct by whom and in what manner such sub- 
 ordinate officers, assistants, employees, servants or workmen 
 shall be appointed, engaged ot employed. 
 
44: 
 
 Submission of 
 by-laws, etc. 
 
 Secretary of 
 Board. 
 
 Council ma}^ 
 impose other 
 dutie.s on 
 Board . 
 
 Referring 
 back matters 
 for reconsider- 
 ation by 
 Hoard . 
 
 Recording 
 votes on action 
 of Board. 
 
 SchoolBoard> 
 etc., to send 
 in estimates 
 before 1st 
 March. 
 
 Certain 
 officers not to 
 be nominated 
 by Board . 
 
 Exclu.sive 
 rights of 
 Board . 
 
 (3) The Board may, from time to time^ submit proposed 
 by-laws to the Council, and where in the opinion of the 
 Board it is desirable, may amalgamate departments or sub- 
 departments. 
 
 (i) The Board may appoint a secretary or clerk, whose 
 duty it shall be to keep minutes of all proceedings of the 
 Board, and prepare all reports and other proceedings of the 
 Board; and he shall perform such other duties and ser- 
 vices as may be assigned to him from time to time by the 
 Board, the Mayor or the Council. 
 
 (5) The Council may by by-law or resolution impose 
 upon or assign to the Board of Control such other duties as 
 to the Council may seem meet. And the Board shall, when 
 so required by resolution of the Council, and upon one 
 week's notice thereof, return to the Council copies of the 
 minutes of its meetings, and any other information in their 
 possession which the Council may require. 
 
 (6) Nothing in this section contained shall prevent the 
 Council (by a vote of the majority of the members of the 
 Council present and voting) from referring back to the 
 Board of Control any • report, question, matter or thing 
 for reconsideration. 
 
 (7) In all cases where it is sought in Council to reverse, 
 set aside or vary the action of the Board of Control, or 
 where a two-thirds vote of the members of the Council pre- 
 sent and voting is required for any purpose, the vote by yeas 
 and nays shall be recorded in the minutes of the Council. 
 
 (8) The Public School Board, the Separate School Board 
 and the High School Board, the Board of Police Commis- 
 sioners and the Board of Management of the Public Library 
 of the City respectively, shall furnish to the said Board of 
 Control on or before the first day of March in each year, 
 their several and respective annual estimates. 
 
 (9) Clause (d) of sub-section 1 of this section shall not 
 n]^]^)ly to any member of the fire department of the City, 
 except the head thereof, nor to any assessor except the 
 Assessment Commissioner', nor to the representatives (if 
 any) of the Council at or upon the Board of any harbour 
 trust, or of any corporation to which the Council is entitled 
 to elect a representative, nor to the members of the Court 
 of Revision of the City. And nothing in this section con- 
 tained shall deprive any head of department of the power 
 which ho ])0ssesserl on the 7th day of April, 189C). under 
 any by-law or otherwise, to dismiss any subordinate officer, 
 clerk or employee. 
 
 (10) Notwithstanding anything in this Act contained, 
 the dnties herein assigned to the Bonrd of Control shall be 
 
45 
 
 discharged exclusively by the said l^oard^ except in the 
 cases provided for in snb-scction of this section. 
 
 * * * * ❖ * 
 
 506. (2) In the case of the Crown Attorney ol* tlie City ^^'♦"'.v Crown 
 of Toronto, the City Council of the City ol' '.roi'outo shall 
 provide proper offices, together with fuel, light, stationery 
 and fu'iiiiture. 
 
 538. By-laws may be passed by the Councils of the muni- By-laws for 
 cipalities and for the purposes in this section respectively 
 mentioned, that is to say: — 
 
 * * 5!« * * ❖ * 
 
 By the Councils of certain cities: — - 
 
 (2) In cities having a population of 100,000 or over the 5f Srmen''" 
 Council may by by-law determine that an annual remun- in certain 
 eration not exceeding $300 may be paid to aldermen, and 
 that an annual remuneration not exceeding $100 in addition 
 may be paid to the chairman of the standing committees 
 and of the Court of Eevision and the Local Board of Health, 
 and it shall be thereby provided that in the case of such 
 aldermen or chairmen there shall be deductions from such 
 remuneration on account of absence from meetings of the 
 council or committees or of the Court of Eevision or the 
 Local Board of Health. 
 
 ^ ^ ^ ^ 
 
 687. By-laws may be passed by the councils oE the muni- P.y-laws for- 
 cipalities and for the pu-rposes in this section respectively 
 mentioned, that is to say:- — 
 
 Grants to Universities, Colleges and Societies, by the 
 Councils of counties, cities and towns: — 
 
 (5) For making grants in aid of the University of Toronto Grants to 
 or Upper Canada College, or any other University or Col- colleges^, S- 
 lege within Ontario,, or any historical, literary, or scientific ^^J^g^'^^^"^^' 
 society, and for creating a debt therefor, and for the issue 
 of debentures for the amount of such debt : and such grants 
 may be made from time to time, and may be either by one 
 payment, or by an annual payment for a limited number 
 of years, and upon such terms and considerations as may 
 be agreed upon, and the municipal Council of the City 
 of Toronto may so grant to Upper Canada College water 
 from the City Water Works, with or without any charge 
 therefor. 
 
46 
 
 2 Edw. VII., c. 41 (Dom.) 
 
 An Act respecting the Bell Telephone Company 
 
 of Canada. 
 « 
 
 [Asseiited to loth May, 1902.'] 
 
 ^ y ^ sjc ■ 
 
 2. U230I1 the application of any person, firm or corporation 
 within the city, town or village or other territory within 
 which a general service is given and where a telephone is 
 required for any lawful purpose, the company shall, with all 
 reasonable despatch, furnish telephones of the latest im- 
 proved design then in use by the company in the locality, and 
 telephone service for premises fronting upon any highway, 
 street, lane or other place along, over, under or upon which 
 the compan}^ has constructed, or may hereafter construct, 
 a main or branch telephone service or system, upon tender or 
 payment of the lawful rates semi-annually in advance, pro- 
 vided that the instrument be not situate further than two 
 hundred feet from such highway, street, lane or other place. 
 
 Company to 
 furnisli tele- 
 phones and 
 service upon 
 application 
 and tender 
 of rates. 
 
 Proviso. 
 
 Goveriior-in- 3. The rates for telephone service in any municipality may 
 Council to increased or diminished by order of the Governor in Coun- 
 
 regulate rates. ^ , , 
 
 cil, upon the application of the company or of any interested 
 municipality, and thereafter the rates so ordered shall be 
 the rates under this Act until again similarly adjusted by the 
 Governor in Council. 
 Principles of 2. In increasing or diminishing said rates due regard shall 
 regu a ion. principle embodied in section 3 of chapter 67 
 
 of the Statutes of 1892, and to new conditions which have 
 obtained since. 
 
 Governor-in-. 3. In the case of anv such application the Governor in 
 
 ('ouncilmay m •^ • • t ^ £ cs 
 
 order inquiry Council may commission or empower any Judge oi the bu- 
 by a Judge, premc Court or Exchequer Court of Canada, or of any Su- 
 perior Court in any Province of Canada, to enquire in a sum- 
 :nary way into and report to the Governor in Council whether 
 such increase or diminution should be made, and as to the 
 expenses incurred in and about the application and inquiry. 
 
 Expense. 4. The Governor in Council may order the whole or any 
 
 part of such expenses to be borne by the municipality or by 
 the company. 
 
 Powers of 
 Judge. 
 
 5. The Jurlge may compel the attendance of witnesses and 
 examine them under oath, and require the production of 
 
47 
 
 books and papers, and shall have such other necessary powers 
 as are conferred upon him by the Governor in Council for the 
 purposes of sucli inquiry. 
 
 6. Any order made under this Act by the Governor in Jj'^fj'^^^^J.^^"*^ 
 Council may be made an Order of the Exchequer Court of 
 Canada, or of any Superior Court of any Province of Can- 
 ada, and shall be enforced in like manner as any Kule or 
 Order of such Court. 
 
 6 Edw. VII., 0. 61 (Dom.) 
 
 An Act Kespecting the Bell Telephone Company • 
 of Canada. 
 
 ■ [Assented to 13th July, 1906.] 
 
 TXTHEREAS the Bell Telephone Company of Canada has by Preamble. 
 ** its petition prayed that it be enacted as hereinafter 
 set forth, and it is expedient to grant the prayer of the said 
 petition: Therefore His Majesty, by and with the advice and 
 consent of the Senate and House of Commons of Canada, 
 enacts as follows: — 
 
 1. The capital stock of the Bell Telephone Company of fo^er to 
 Canada may be increased from time to time by such amounts c^pUar 
 as the shareholders deem necessary for the proper extension 
 
 of the nndertakino- of the said Company^ such increases to 
 be effected by resolution of the directors by and with the 
 consent of a majority in value of the shareholders present 
 or represented by p'loxy at any annual general meeting or at 
 any special general meeting of shareholders called for that 
 purpose ; provided that the total capital of the said Company, 
 including the present fiuthorized stock, shall not exceed 
 fifty million dollars. 
 
 2. This Act and the Bell Telephone Company of Canada Railway Act, 
 and the exercise of the powers hereby conferred shall be ^^^^^!^' 
 subject to the provisions of the Eailway Act. 1903, and 
 amendments thoroio. 
 
48 
 
 3 Edw. VII., c. 31 (Ont.) as amended by 4 Edw. VII., c. 
 32, and 5 Edw. VII., c. 34. 
 
 An Act Eespecting Boards of Education in Cer- 
 tain Cities. 
 
 [Assented to 12tU June, 190S/[ 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as folloAvs: — 
 
 Boards of 1. In evc'iy city having 100,000 inhabitants or more, in 
 cities^o,r" lie^ of the Board of Public School Trustees and the Board 
 hihabit'ints High School Trustees and the Board of Management of 
 Technical Schools heretofore elected or appointed in such 
 city there shall be a Board to be styled The Board of Edu- 
 cation for the City of (naming the city), 
 
 which shall possess all the powers and shall perform all the 
 duties heretofore possessed and performed by the Boards of 
 High School Trustees and Public School Trustees and the 
 Board of Management of Technical Schools in such city, 
 and upon the organization of the said Board of Education all 
 the property vested in the Board of Public School Trustees 
 and the Board of High School Trustees and the Board of 
 j\Ianagement of Technical Schools in such city shall become 
 vested in the Board of Educatioii, and all debts, contracts 
 and agreements foT' which the said respective Boards were 
 liable shall become obligations of the Board of Education. 
 
 Constitution 2. The Said Board of Education shall be composed as fol- 
 
 of Board. i 
 
 lows : — 
 
 (1) Tw^elve members to be elected by a general vote of 
 the persons qualified to vote at elections for members of a 
 Public School Board in such city, and two members to be 
 appointed by the Separate School Board of such city. 
 
 Mode of (2) The members to be elected as aforesaid shall be elected 
 
 election. -j^^ general vote of the persons qualified to vote for public 
 school trustees in any such city and the election shall be held 
 at the same time and place and by the same returning officer 
 and shall be conducted in the same manner as the election 
 of mayor; and, save as otherwise provided by this Act, all 
 the provisions of The Public Schools Act respecting the 
 election of trustees by ballot shall apply to the said election 
 of members of the Board of Education, but no person shall 
 vote more than once for members of the said Board. 
 
 1 Kdw. VII. 
 0. 39. 
 
49 
 
 ce 
 
 H. 
 
 (3) Each person qualified to vote as aforesaid shall be en- 
 titled to as many votes as there are members to be elected 
 to the said Board, but not more than one vote to each candi- 
 date. 
 
 • (4) At the first election under this Act, twelve members Term of offi 
 of the said Board shall be elected, and six of the members nLmber^ 
 So elected who receive the highest number of votes shall 
 continue in office for two yea'is thereafter and until their 
 successors have been elected under this Act, and the new 
 Board organized, and the remaining six shall continue in 
 office for one year and until their successors have been 
 elected under this Act and the new Board organized. 
 
 (5) At each annual election after the first, six members 
 shall be so elected for two years to fill the places of members 
 retiring. 
 
 3. In case by reason of two or more members receiving Determining 
 an equal number of votes at the first election, the question of ?etkemen^ 
 the retirement of one or more of them at the end of the first where two 
 
 members lia,ve 
 
 year is in doubt, and in case no agreement as to which of equal number 
 such members shall retire is reached at the first meeting of '^^ 
 the Board, then at the next meeting the question shall be 
 determined by lots to be cast by the secretary or secretary- 
 treasurer in the presence of the Board, and the result 
 shall be entered upon the minutes of the Board. The six 
 members retiring shall be eligible for re-election. 
 
 4. In case the office of an elected member becomes vacant Vacancies 
 from any cause, the remaining members of the Board shall, fiJ^JJJb^r^^'^^^^ 
 at the first meeting after such vacancy occurs, elect some 
 
 duly qualified person to fill such vacancy, and the person so 
 elected shall hold his seat for the -remainder of the term for 
 which his predecessor was elected. 
 
 5. — (1) Th« appointment of the members to the said Appointment 
 Board by the Separate School Board shall be made at the g^^oof Board, 
 first meeting of the Separate School Board in the year 1904 
 
 and at its first meeting ii; every second year thereafter. 
 
 (2) The member so appointed shall hold office for two Term of office 
 years and until his successor is appointed and shall be eligible J^g^^^g^"*^®^ 
 for re-appointment. 
 
 6. Xo member of the Separate . School Board shall be IVEenibers of 
 eligible for appointment or election as a member of the said school Board 
 
 Board. not eligible. 
 
 7. In case any person appointed to said Board of Educa- Vacancy in 
 tion by the Separate School Board shall die, resign or re- of s^^Jrate'^" 
 
 4 School Board. 
 
50 
 
 move from the municipaiity or vacate his othce before' the 
 expiration of the term for which he is appointed, the vacancy 
 so caused shall be filled forthwith by the Separate School 
 Board, and the person appointed to fill such vacancy shall 
 hold office for the unexpired term of the person whose place 
 became vacant as aforesaid. 
 
 First meetino: 
 of Board. 
 
 8. The first meeting of the said Board of Education in 
 each year shall be held at the hour of eight o'clock in the 
 afternoon of the Thursday after the first Monday in Janu- 
 ary, in the Board Eoom provided for the Board of Education 
 in the Municipal Building. 
 
 9. At the first meeting of the said Board in every year the 
 members of the Board shall elect a chairman, and at the 
 fir st» meeting held after the passing of this Act the Board 
 shall also elect a secretary and treasurer or a secretary-trea- 
 surer who shall hold office until removed by the Board. 
 
 10. A majority of the members of the Board shall form 
 a quorum. 
 
 Equality of 11. In casc of an equality of votes at the election of chair- 
 Hiec?ion\)f ^^^^^^ ^^^^ member who is assessed for the largest sum on the 
 chairman. last rcviscd asscssmcnt roll shall have a second or casting 
 vote in addition to his vote as a member of the Board. 
 
 Chairman, 
 
 secretary, 
 
 treasurer. 
 
 Quorum . 
 
 Chairman to 
 vote, and tie 
 to negative 
 q\. estion. 
 
 12. The chairman of the Board may vote with the other 
 members of the Board on all questions upon which as a 
 member of the Board he is entitled to vote, and any question 
 on which there is an equality of votes shall be deemed to be 
 neo^atived. 
 
 Rcpresenta- 13. The members appointed by the Separate School Board 
 ratesihofX ^^^^^ ^^^^ othcTwise take part in any of the proceed- 
 not to vote on ings of the Board of Eflucation exclnsively affecting the 
 
 Public School S T r, 1 
 matters. P^^bllC SChools. 
 
 Qualification 
 of members. 
 
 Disqualifica- 
 tion . 
 
 1 Edw. VII. 
 cc. .39, 40. 
 
 14. 'No person shall be elected to the Board of Education 
 Avlio is not qualified to be elected as a trustee of a Public 
 School Board under The Pvhiic Schools Act. 
 
 15. The provisions of The Public Schools Act and The 
 High Schools Act respecting the disqualification of persons 
 from being elected or appointed to, and from sitting and 
 voting as members of the said Boards Tcspectively, shall 
 a()])ly to the said Board of Education as if the said Board 
 was named therein instead of the Board of High School 
 Ti-nstees or Board of Public School Tnistees rospoctively. 
 
 Board to be a 16. (1) Evcry Board of Education constituted by this Act 
 corporation. ^]^r^]] r, cor])oration by the name of "The Board of Educa- 
 
51 
 
 tion foT' the City oi' (iianiing tlie city) and * 
 
 shall have and possess all tlie })o\vers usually possessed by 
 corporations so far as the same are necessary for carrying 
 out the purposes of this Act and of The Public Hcliools Act i Edw. VII., 
 and of TJte Schools Act and of The Act respecting the ^^^^'^'^^^^^^ 
 
 Technical Schools and of all amendments to the said Acts ^- '^"i- 
 and of any by-law of the municipality establishing or relating 
 to a technical school. 
 
 (2) The first election of members for the Board of Educa- First electicm 
 tion under this Act shall take place at the time of holding ^[goard!"''' 
 the next ensuing municipal elections for 11)0-1:; but nothing 
 in this Act contained shall alfect the Pul)lic School Board or 
 High School Board or the Board of ManaL'cmeut of Tecli- 
 nical Schools in such city for the year 1903. 
 
 17. The Board of Education of CAery city to which this Appointment 
 Act applies shall appoint an inspector of the Public Schools inspectors, 
 for such city. AVhen the teachers in charge of separate de- 
 partments engaged by such Board exceed three hundred in 
 number, the Board shall appoint two inspectors, and likewise 
 
 an additional inspector for every three hundred teachers on 
 the staff above six hundred. 
 
 18. In the event of more public school inspectors than one Division of 
 being appointed, the Board of l^ducation shall divide the city tonaVdrs.*^^"^" 
 into as many territorial divisions as there are inspectors, and tricts, accord- 
 assign one inspector to each division, and may change inspec- ^inspectors.'' 
 tors from one division to anotlier: 1jut no territorial division 
 
 so made shall contain more teaclieis in charge of sepafate de- 
 { artments than the number prescribed in section 17 hereof; 
 <;r, at its discretion, the Board may designate such officers 
 ''Chief Inspector'' and Inspectors,'' and may prescribe the 
 duties of each, provided always that the duties so prescribed 
 shall not be inconsistent with the provisions of The Puhlir 
 Schools Act in that behalf. 
 
 19. The Board of Education may make such modification Provision for 
 of the prescribed high school courses of study to be under- adtanced'^ 
 taken in each of the high schools under its jurisdiction as it courses of 
 deems expedient, and may provide for special or advanced Hi'gh"schools. 
 instruction in any of such courses, and may designate such 
 schools, or ai\y one of them, as English. Science, Commercial. 
 Technical or Classical High Schools, according to the course 
 or ccmrses of instruction provided for each. l)ut all sui^h 
 courses must be approved by the Minister of Education, and 
 the accommodation and equipment of the school and the 
 oualifications of the staff be subject to the regulations of the 
 I'^ducation Department. 
 
52 
 
 Act incoipor- 20. This Act shall be read with and as part of The Public 
 1 Edw^. VII., Schools Act and The High Schools Act and of The Act re- 
 cc. 39, 40, and spectinq Technical Scliools, and the said Acts are hereby' 
 
 Rev. .^tat., T T, 
 
 c. 301. amended to coniorm to the provisions hereinbefore con- 
 
 tained. 
 
 ^ « * * 
 
 4 Edw. VII., c. 98. 
 
 An Act to Further Extend the Powers of the 
 Consumers' Gas Company of Toronto. 
 
 [Assented to 26th April, 190If.] 
 
 Preamble. 
 
 Increase of 
 capital stock 
 authorized. 
 
 Stock may be 
 issued in 
 parcels. 
 
 Notice of 
 meetings. 
 
 WHEEEAS the Consumers' Gas Company of Toronto 
 have petitioned for anthority to increase the capital 
 stock of the said Company to meet the reqnirements of the 
 rapidly increasing population of the City of Toronto, and it 
 is expedient to grant the prayer of the said petition; 
 
 Therefore His Majesty, by and with the advice and consent 
 •of the Legislative Assembly of the Province of Ontario^ 
 enacts as follows : — 
 
 1. It shall be lawful for the Com])any to add to their pre- 
 sent authorized capital stock an amount not exceeding 
 $l,500,p00, divided into shares of $50 each, provided that 
 such increase of capital stock shall be first agreed upon by a 
 majority of the votes of the shareholders j)resent at any 
 annual general meeting or meetings, or at any special meet- 
 ing or meetings called from time to time for that purpose. 
 
 2. It shall not be obligatory upon the Company to sell, at 
 one time, the whole amount of stock authorized by this Act, 
 but the Company may, from time to time, limit the number 
 of shares to be offered for sale to such an amount as may be 
 from time to time agreed and decided upon by a majority 
 of votes of shareholders present at any general or special 
 meetings of the shareholders as aforesaid called for that pur 
 pose. 
 
 3. The notice of any special meeting or meetings of the 
 shareholders of the Company called by the directors of the 
 Company in pursuance of this Act may be given by inserting 
 a notice, specifying the time, place and object of such meet- 
 ing, in at least two daily newspapers published in the City of 
 Toronto in each issue thereof during the three weeks next 
 preceding the day fixed for such meeting. 
 
53 
 
 4. All shares to Le issued under the provisions of this Act Stock to be 
 shall be sold by public auction after three weeks' notice in auction /'"^^^'^ 
 two of the daily newspapers published in the City of Tor- 
 onto^ and after the Company has given the Mayor of the 
 
 City of Toronto three jnonths' notice of its intention to 
 offer for sale any of the said shares^ sncli shares to be put 
 up in lots of ten shares each. 
 
 5. All surplus realized over the par value of the shares Application of 
 sold^ as hereinbefore set forth, shall be added to the rest or par^ialue!^"^ 
 reserve fund of the Company, and the limit, as heretofo'ie 
 authorized, of the said rest or reserve fund shall be enlarged 
 
 by the amount of such surplus and no more; the true intent 
 and meaning being that the Company may at all times have 
 and maintain a rest or reserve fund equal to, but not ex- 
 ceeding, the amount of one-half of the then paid-up capital 
 stock of the Company for the first $3,000,000 of the said 
 capital stock, together with the amount of the surplus 
 realized over the par value of all shares then sold out of the 
 $1,500,000 capital stock by this Act authorized. 
 
 6. The shares of such increased stock shall be paid in, to-« Payments on 
 gether with the premiums (if any) thereon, by such instal- 
 
 ments and at such times and places and under such regula- 
 tions as the directors may from time to time appoint. 
 
 7. This Act is to be read with and as if forming a part Act incorpor- 
 ated with 50 
 Vict., cap. 85. 
 
 of the Act passed in the 50th year of the reign of Her late ""^^"^ '^'^^ 
 
 Majesty, Queen Victoria, chaptered 85, and intituled An 
 Act to further extend the poivcrs of the Consumers' Gas 
 Company of Toronto, and, except in so far as the same are 
 inconsistent herewith, all the provisions of the said last 
 mentioned Act are confirmed and are declared to apply in 
 every respect to the additional capital stock and increased 
 rest or reserve fund hereby authorized and the same are to 
 be read with this Act. 
 
 5 Edw. VII., c. 114. 
 
 An Act to a,mend the Act Incorporating the 
 Industrial Exhibition Association of Toronto. 
 
 [Assented to 2ofh May, 1905. ] 
 
 W*HEREAS the Industrial Exhibition Association of To- Preamble, 
 ronto has by its petition represented that by its Act 
 of Incorporation passed in the 42nd year of the reign of Her 
 late Majesty Queen Victoria and chaptered 81, as amended 
 
54 
 
 by an Act passed in the 61st year of the reign of Her late 
 Majesty and chaptered 54^ and by an Act passed in the 2nd 
 year of the reign of His Majesty King Edward VII. and 
 chaptered 65, it was provided that its membership should 
 , . consist of representatives from certain corporations, associa- 
 
 tions or bodies therein named: and from such other cor- 
 porations, associations, organizations or societies not named 
 therein as might from time to time be appointed in the man- 
 ner therein provided, and that a number of the said corpora- 
 tions, associations or bodies are now^ no longer in existence 
 or have no material interest in the said Exhibition Associa- 
 tion, and that it is desirable that the same should no longer 
 have representation or as large representation in the mem- 
 bership of the said Association and that instead thereof 
 there should be added to the said membership representatives 
 from such societies and associations as are actively engaged 
 in the encouragement of Canada's manufacturing, agricul- 
 tural and horticultural industries; and that doubts have 
 arisen as to the powers of the said Association with respect 
 to contracts for purposes of amusement or entertainment; 
 and whereas the said Association has prayed that an Act may 
 be passed for the purpose of establishing its membership 
 upon the lines aforesaid and for changing the mode of 
 election of Directors and for removing doubts as to its 
 powers as aforesaid; and whereas it is expedient to grant 
 the prayer of the said petition; 
 
 Therefore His Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 42 v., c. 81, 1. Section 4 of the Act passed in the forty-second year 
 S.4 amended. ^^.^^ ^^^^ Majesty Queen Victoria, and chap- 
 
 tered 81, intituled An Act to Incorporate the Industrial Exlii- 
 lition Association of Toronto, as amended by 61 Victoria, 
 chapter 54, section 2, and by 2 Edward VIL, chapter 65, 
 section 1, is repealed and the following substituted there- 
 for : — 
 
 Members of "4. — (1) The membership of the Industrial Exhibition 
 Association. Association shall be divided into three sections as follows: — 
 
 " (a) The City Council. 
 
 " (&) Manufacturers, Liberal x\rts and Miscellaneous; and 
 
 " (c) Agricultural. 
 
 "(2) The City Council section shall consist of the Mayo-r 
 and Members of the Council of the City of Toronto, the City 
 Treasurer, the Park Commissioner and the City Clerk. 
 
 "(3) The Manufacturers, Liberal Arts and Miscellaneous 
 section shall consist of twelve representatives from the 
 
55 
 
 Canadian Manufacturers' Association^ five representatives 
 from the Board of Trade of the City of Toronto, two repre- 
 sentatives from each of the following bodies: — The Ontario 
 Society of Artists, The Canadian Press Association, The 
 Retail Merchants' Association of Canada, The Toronto Dis- 
 trict Labor Council, The Commercial Travellers' Associa- 
 tion of Canada, and one representative from each of the 
 following bodies: — The Ontario Association of Architects, 
 The Toronto License Holders Protective Association, The 
 Board of Education of the City of Toronto, The Toronto 
 Camera Club, and The Toronto Natural History Society; 
 such representatives to be named and appointed by the said 
 several bodies at their annual meeting for the election of 
 officers. 
 
 " (4) The Agricultural section shall consist of the Minis- 
 ter of Agriculture and the President of the Ontario Agricul- 
 tural College; two members of the County Council of the 
 County of York to be named and appointed by the said 
 Council at the time of the appointment of the several Stand- 
 ing Committees thereof for the year; two members from 
 each of the following bodies: — The Dominion Short Horn 
 Association, Dominion Sheep Breeders' Association, Domin- 
 ion Swine Breeders' Association, The Canadian Kennel Club, 
 The Toronto Electoral District Agricultural Society, The 
 Ontario Fruit Growers' Association and the Toronto Gar- 
 deners' and Florists' Association; one member from each of 
 the following organizations : — The Canadian Horse Breeders' 
 Association, Canadian Pony Society, Clydesdale Horse Asso- 
 ciation, Hackney Horse Society, The Harness, Hunter and 
 Saddle Horse Society of Canada, Shire Horse Association, 
 Toronto Driving Club, Ontario Veterinary Association, On- 
 tario Jockey Club, Toronto Plunt Club, Aberdeen Angus 
 Association, Canadian Ayrshire Breeders' Association, Can- 
 adian Jersey Cattle Club, Dominion Cattle Breeders' Asso- 
 ciation, The Hereford Breeders' Association, The Holstein- 
 Friesian Association of Canada, The Dominion Live Stock 
 Dealers' Association, The Poultry Breeders' Association 
 of Toronto, The Canadian Pigeon Fanciers' Association, The 
 ToTonto Canary and Cage Bird Society, The Toronto Poul- 
 try Association, Western Ontario Poultry Association, Cana- 
 dian Horticultural Association, The Toronto PTorticultural 
 Society, The Eastern Ontario Dairymen's Association, The 
 Dairymen's Association of Western Ontario, and the On- 
 tario Bee Keepers' Association; such representatives to be 
 named and appointed by the said several bodies at their 
 annual meeting for the election of officers. 
 
 " (5) The representatives to the said three sections, to- 
 gether with such representatives from other bodies as the 
 
56 
 
 said Association may admit to membership as hereinafter 
 provided, shall constitute the said Industrial Exhibition As- 
 sociation of Toronto, and the said several persons and repre- 
 sentatives named or hereafter to be admitted under the pro- 
 visions shall be the members of the said Industrial Exhibition 
 Association of Toronto. c 
 
 "(6) The said Association may, by by-law passed at any 
 annual or other general meeting thereof, admit to member- 
 ship in the said Association such number of representatives 
 of other bodies or such other persons as they may, upon the 
 recommendation of the Board of Directors, see fit, and may 
 assign the same to one or other of the sections lettered (h) 
 and (c) in section 4 of this Act; and the, said x\ssociation 
 may, by by-law passed as aforesaid, cancel the membership 
 of any body or organization or of any person, but such by- 
 law shall have no force or effect until approved of by the 
 Lieutenant-Governor in Council.^^ 
 
 fd^&menfd ^' ^^^^^^^^ ^ ^^^^ ^^^^ "^^^^ amended by 2 Edward 
 VII., chapter 65, section 2, is repealed and the following 
 substituted therefor : — 
 
 Directors. " 9. — (1) The Board of Directors shall consist of twenty- 
 
 five persons as follows : — The -Minister of Agriculture, eight 
 representatives from the City Council, viz., the Mayor, and 
 seven members of the Council to be named and appointed at 
 its inaugural meeting each year; and eight representatives 
 from each of the sections lettered (h) and (c) in section 4 
 of this Act to be elected by ballot by a plurality of the votes 
 of the members of the Association present in person and 
 voting. 
 
 "(2) The Directors so chosen shall, within one week there- 
 after at a meeting called for that purpose, elect one of their 
 own number to be President, and two others of them to be 
 Vice-Presidents, which President, Vice-Presidents and Dir- 
 ectors shall continue in office for one year and until others 
 shall be chosen to fill their places as may be provided for 
 by the by-laws of the said Association ; and if any vacancy 
 shall at any time happen by death, resignation or otherwise 
 in the office of President, Vice-President or Directors, the 
 remaining Directors shall supply such vacancy by the ap- 
 pointment of some member of the Association for the re- 
 mainder of the year; and the election of Directors shall take 
 place annually, either on the anniversary of the day of the 
 first election of Directors or such other day as may be fixed 
 by by-law as hereinafter provided and'mentioned.'' Provided 
 however that in case of a vacancy occurring by reason of any 
 of the above mentioned causes amongst the directors ap- 
 ])ointed the said City Council may a])])oiiit one of its 
 members to supply such vacancy for the remaiiuler of the 
 year. 8 Edw. VIT., chap. 112, s. 7. 
 
57 
 
 3. Section 2 of the said Act is amended by adding after 42 v., c. 81, 
 
 , . „ , . ^ ® ^. «. 2 amended, 
 
 the word " Act^^ m the seventeenth line of the said section 
 the words " and also to provide entertainment or amusement P^ntertain- 
 to persons visiting its exhibitions by means of music, shows 
 or other attractions and to enter into contracts for such 
 purposes and to allot space for such shows or attractions 
 and to dispose of any contracts for such music, shows or 
 attractions which may not be completed at the close of any 
 exhibition." All contracts for such purposes heretofore en- 
 tered into by the said association are hereby declared to be 
 valid and binding upon the parties thereto save and except 
 any contracts concerning which litigation is now pending. 
 
 E. S. 0. (1897) c. 86. 
 
 An Act respecting the Qualification and Appoint- 
 ment of Justices of the Peace. 
 
 3a. The Lieutenant-Governor in Council may appoint two Appointment 
 police magistrates for any city containing not less than o?two^'polfce 
 200,000 inhabitants, at salaries to be named in the order mak- Magistrates 
 ing the appointment or by subsequent order. The salaries 200,000. 
 so named shall be paid by the city quarterly to such police 
 magistrates and shall not exceed the sum of $5,000 in the 
 case of the senior police magistrate, and $3,000 in the case 
 of the junior police magistrate. 
 
 No police magistrate appointed under this section shall, Not to act 
 during the continuance of his appointment, act as director of ^Q^p^^j^y^^^^ 
 a company or directly or indirectly practice in the profes- practice 
 sion of the law, or do any manner of conveyancing or prepare 
 any papers or documents to be used in any Court of this Pro- 
 vince under the penalty of forfeiture of office. 6 Edw. YII., 
 chap. 19, s. 14. 
 
 as 
 
 58 Vict., c. 108. 
 
 An Act respecting the Metropolitan Street Eail 
 way Company. 
 
 [Assented to 16th April, 1895.] 
 
 2. The Company may run such cars or trains into the Transporta- 
 City before the hour of ten o'clock in the forenoon, and such LonTs Day.^" 
 
58 
 
 cars or trains out of the City after the hour of five o'clock in 
 the afternoon on the Lord's Day^ as may be necessary for the 
 transportation of milk exclusively; but no freight of any 
 other kind, and no passengers, shall be carried upon such cars 
 or trains, nor shall it be lawful for the Company to collect 
 any fare or tolls for the transportation of any passengers or 
 freight upon such cars or trains, except for the transportation 
 of milk as aforesaid; and if any passengers or freight, other 
 than milk, be carried or fare or toll be collected, except for 
 milk, upon such cars or trains, the Company and the con- 
 ductor or person in charge of any such car or train shall be 
 subject to the actions and penalties prescribed by sub-sections 
 58 v., c. 38. 3, 4 and 5 of section 87 of The Electric Railway Act, 1895, 
 for any violation of such section, to be recovered and enforced 
 as in the said Act provided. Provided that nothing in this 
 section shall be construed to prevent the running of empty 
 cars or trains, either from the car sheds to any point on the 
 line of railway for the purpose of receiving the milk for 
 transportation as aforesaid, or back to the car sheds after the 
 delivery of the same. 
 
 Present rights 3. Nothing in this Act contained shall be taken or con- 
 not affect'eJi strued to limit or affect any rights, powers or privileges con- 
 ferred upon the Company by any general or special Act here- 
 tofore passed relating to the said Company. 
 
 60 Vict., c. 92. 
 
 An Act Eespecting the Metropolitan Street Eail- 
 way Company. 
 
 [Assented to 13th Apnl, 1S97.] 
 
 Preamble. TTTHEBEAS the Metropolitan Street Eailway Company has 
 VV under its Act of incorporation and amendments there- 
 to, constructed and is now operating a railway in the City of 
 Toronto and adjoining municipalities; and whereas the said 
 Company has by its petition prayed that an Act may be 
 passed to extend its line of railway within the county of Sim- 
 coe and to build, equip and operate branches and extension? 
 'within the counties of York and Simcoe, to increase the num- 
 ber of its directors from time to time, to acquire the assets 
 and franchises and to operate the railway of the Toronto 
 Suburban Street Eailway Company and otherwise to extend 
 the powers of the Company; and whereas it is expedient to 
 grant the prayer of the said petition; 
 
59 
 
 Therefore Her Majesty, by and with the advice and consent 
 of the Legislative Assembly of the Province of Ontario, enacts 
 as follows : — 
 
 1. The name of the said Company is hereby changed to 
 "The Metropolitan Ilailway Company," but the powers, rights 
 and liabilities of the Company shall not be affected in any 
 manner by such change of name and all contracts and agree- 
 ments made, powers exercised, and rights, franchises and pro- 
 perty acquired by the said Company under its prior (corporate 
 names shall remain valid and binding and become and be the 
 contracts, agreements, powers, rights and property of the 
 Metropolitan Railway Company. 
 
 Natrie of 
 Company. 
 
 4. The said railway may be carried along and operated Carrying rail- 
 upon such streets and highways as have been or may be au- ^reetsTnd 
 thorized by the respective corporations having jurisdiction highways, 
 over the same, and subject to the restrictions and provisions 
 
 herein contained and under and subject to any agreements 
 between the Company and the councils of any of the said 
 corporations and between the Company and the road com- 
 panies (if any) interested in such highways. 
 
 5. The Company may operate its railway or any part there- Motive 
 of by electricity, cable, or horse power. The Company may 
 
 use steam as a motive power in operating its railway or any 
 part thereof along any street or highway if the corporation 
 within the limits of which such street or highway is situate, 
 consents, and any such corporation is hereby authorized and 
 empowered to give such consent by by-law of its council 
 passed at a meeting of which notice has been given in the 
 Ontario Gazette. 
 
 6. The Company may purchase or hire electric power from Arrangements 
 
 • • T, XI >• ' supplying 
 
 any municipality or other corporation, company or person, electric power, 
 and may operate any part of its railway as an electric rail- 
 way and may construct, maintain and operate works for the 
 production of electricity for motive power for the said rail- 
 way and for lighting and heating the rolling stock of the 
 Company, and the Company may along that part of its line, 
 branches and extensions outside of the present limits of the 
 City of Toronto sell or lease the electricit}^ so produced to 
 any person or corporation and for such purposes shall possess 
 the powers, rights and privileges conferred upon Joint Stock 
 Companies incorporated under The Act respecting Companies Rev. .stat., 
 for Steam and Heating or for supplying Electricity for Light, ^' 
 Heat or Poiver, bnt the said Company shall not exercise any 
 
60 
 
 powers under the last mentioned Act without the consent of 
 the municipality Avithin the limits of which such powers are 
 to be exercised, which consent any such municipality is here- 
 by authorized and empowered to give by by-law of the 
 council ; 
 
 Proviso. Provided that in the event of the City of Toronto extend- 
 
 ing its limits so as to include any portion of the said railway 
 such extension of limits shall not affect the rights of the Com- 
 pany at the date of such extension or its property then situate 
 within such extended limits^ and the powers conferred by this 
 Act on the Company shall remain as if the said City limits 
 had not been extended^ but nothing in this section shall be 
 deemed to confer on the said Company the right to sell electric 
 power within the present limits of the City of Toronto and 
 the said Company shall not have such right notwithstanding 
 the extension of the citv limits as aforesaid. 
 
 Agreements 
 with other 
 companies. 
 
 Running ar- 
 rangements 
 with CP. Ry. 
 Co., G.T. Ry. 
 Co., etc. 
 
 7. The Company may enter into an agreement with any 
 other company or companies if lawfully authorized to enter 
 into such agreements or with any person or persons for leas- 
 ing, hiring or use of any electric motors, carriages, cars, 
 rolling stock, and other moveable property from such com- 
 panies or persons for such time or times and on such terms 
 as may be agreed on; and also may enter into agreements^ 
 with any railway company or companies, if so lawfully au- 
 thorized, for the use by one or more of such contracting com- 
 panies of the locomotives, electric motors, carriages, cars, 
 rolling stock and other movable property of the other or 
 others of them for the running of the cars or carriages of the 
 Company over the track of any other railway company with 
 the consent of such company on such terms as to compensa- 
 tion and otherwise as may be agreed upon. 
 
 8. The Company is hereby authorized and empowered to 
 agree wdth the Canadian Pacific Eailway Company, the Grand 
 Trunk Eailway Company of Canada, the Toronto Railway 
 Compan}^, the Dominion Express Company, and the Canadian 
 Express Company, or either of them, if lawfully empowered 
 to enter into such agreement, for the interchange of cars and 
 traffic and for connections and running arrangements, upon 
 terms to be approved of by two-thirds in value of the share- 
 holders at a special general meeting to be held for that pur- 
 pose, and every such agreement shall be valid and binding 
 according to the terms and tenor thereof. 
 
 Agreement 
 
 between M .S. 13. The Company and the Toronto Suburban Street Eail- 
 T. S^S.'r'co. ^^ '0' Company (Limited) are autliorized and empowered to 
 
61 
 
 enter into an agreement whereby the Company shall acquire 
 from the Toronto Suburban Street Eailway Company 
 (Limited), all the assets, franchises, contracts, agreements, 
 rights, powers and privileges, and all other real and personal 
 property of the Toronto Suburban Street Railway Company 
 (Limited), and in the exercise of the powers by this Act con- 
 ferred the Metropolitan Eailway Company may assume all the 
 debts, liabilities, contracts, covenants, agreements and obliga- 
 tions of the Toronto Suburban Street Railway Company 
 (Limited) previously incurred or entered into by it. And 
 upon an indenture to such effect being executed between the 
 two companies the Metropolitan Eailway Company shall 
 thereupon and thereby have vested in it all the assets, fran- 
 chises, contracts, agreements, riglits, powers, privileges and 
 franchises of and belonging to the Toronto Suburban Street 
 Eailway Company (Limited), and all its real and personal 
 property, subject to all liens, charges, covenants, debts, lia- 
 bilities, agreements and obligations previously entered into 
 by .it. And the Metropolitan Eailway Company shall stand 
 in the place of the Toronto Suburban Street Eailway Com- 
 pany (Limited) and become entitled to all benefits which the 
 said Company is or may be entitled to in respect of any sta- 
 tute of the Legislature of the Province of Ontario, or in re- 
 spect of any by-law passed by any municipal it}^, and in re- 
 spect of any agreement into which the Toronto Suburban 
 Street Eailway Company (Limited) has entered, as fully and 
 effectually as if the Metropolitan Eailway Company had 
 been named therein as an original party thereto. The Metro- 
 politan Eailway Company may make and issue as paid-up 
 stock shares in the Metropolitan Eailway Company, and may 
 allot and hand over such stock in payment for the assets, pro- 
 pert}', rights and franchises of the Toronto Suburban Street 
 Eailway Company (Limited), and such issue and allotment 
 of stock shall be binding on the Metropolitan Eailway Com- 
 pany, and such stock shall not be' assessable for calls. 
 
 16. ^^Totwithstanding any provision to the contrary in any Crossing other 
 other Act, the Company's railway may cross the railway of ^"^^^^^^y^- 
 any other company upon a level therewith with the consent of 
 
 such other company, or with the authority of the Eailway 
 Committee of the Privy Council of Canada. 
 
 17. The several clauses of The Electric Eailway Act, 1895, a pplication of 
 and of every Act in amendment thereof, shall only apply to ^t'g^^^ioJ;' _ 
 the powers to be exercised by the Company and to the rail- outside of 
 ways and extensions constructed by it outside the County of 
 
62 
 
 York^ except in so far as the same are inconsistent with the 
 provisions of this Act. 
 
 Inconsistent 19. All the provisions of the Acts incorporating and relat- 
 Sr?eilelied. ing to the Compan}^ which are inconsistent with this Act are 
 hereby repealed. 
 
 20. Xothing in this Act contained shall be deemed to con- 
 fer on the said Company the right to use electric or cable 
 power within the limits of the City of Toronto, without the 
 consent of the said City. 
 
 Schedules "A" and B set forth the agreements made 
 between the County of York and the Metropolitan Eailway 
 Company respectively. 
 
 Act not to 
 confer rights 
 to operate by 
 electricity or 
 cable in 
 Toronto. 
 
 63 Vict., c. 116 (Ont.) 
 
 An Act respecting the Metropolitan Eailway 
 Company. 
 
 [Assented to 30th April, 1900.] 
 
 Preamble. 
 
 WHEEEAS The Metropolitan Railway Company, herein- 
 after called the Company," has, under the various 
 Acts incorporating and relating to the Company, constructed 
 and is now operating in the City of Toronto and adjoining 
 municipalities certain portions of the lines of railway by the 
 said Acts authorized ; and whereas it is desirable to extend the 
 time limited for the construction of other portions thereof, 
 and to authorize further extensions of tlie Company's lines ; 
 and whereas the Company by its petition has prayed that it 
 may be enacted as hereinafter set forth; and whereas it is 
 expedient to grant the prayer of the said petition ; 
 
 Therefore Her Majest}^, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 Agreements 
 witli other 
 electric rail- 
 way com- 
 jiaiiies. 
 
 3. The Company may enter into any agreement witli the 
 Toronto and Scarborough Electric Eailway, Light and Power 
 Company,, Limited, or the Toronto and Mimico Electric 
 Eailway and I^ight Company, Limited, or the Toronto Subur- 
 ban Street Eailway Company, Limited, for acquiring by pur- 
 
63 
 
 chase or otherwise, or for taking on lease the railway of any 
 of the said companies, in whole or in part, and the rights, 
 powers, surveys, plans, works, plant, material, machinery, 
 franchises and other property to it helonging, or any portion 
 thereof, on such terms as are agreed upon, and subject to sucli 
 restrictions as to the directors seem lit, providing that every 
 such agreement shall be first sanctioned by resolution at a 
 special general meeting called for that purpose, at which meet- 
 ing shareholders representing at least two-thirds in value of 
 the capital stock are present. 
 
 4. The powers of the Company for the construction and '^^"^^ 
 operation of the railway and extensions authorized by the and comple- 
 various Acts relating to the Company and by this Act, shall slons^^e^t?"' 
 cease and be null and void with respect to any part of such 
 railway and extensions, if 
 
 (a) The construction of such part is not begun before 
 the first day of May, A.D. 1903, or 
 
 (h) If such construction is not finished and such part 
 is not put into operation before the first day o!: 
 May, A.D. 1905. 
 
 1 Edw. VII., c. 84. . 
 
 An Act respecting the Metropolitan Eailway 
 Company. 
 
 [Assented to 15tli April, IDOL] 
 
 T17HEREAS The Metropolitan Eailway Company, herein- 
 * ^ after called " The Company," by its petition has in 
 effect prayed that it may he enacted as hereinafter set forth : 
 
 And whereas it is expedient to grant the prayer of the said 
 petition ; 
 
 Therefore His Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows-: — 
 
 1. The Company may purchase, lease and operate the rail- Power to 
 way of the Schomberg and Aurora Eailway Company. Scholuberc^ 
 
 T 1 1 • n • , T • , • f^-nd Aurora 
 
 In case the said Company increases the service now being railway, 
 given upon the highway known as Yonge Street outside of 
 the City of Toronto, the character of the cars to be used, the 
 speed at which the said cars should be run, and 2;enerallv all 
 
64 
 
 such regulations as may be necessary for the protecWon of life 
 and property upon the said highway in the proper and law- 
 ful nser thereof by the public, shall be subject to the approval 
 and determination of the Lieutenant-Governor in Council of 
 the Province. 
 
 Rights of 2. The several corporations owning the properties which 
 
 preserved ^^^^ Company is empowered to purchase, acquire or lease un- 
 der the Act relating to the Company passed in the 63rd year 
 of the reign of Her late Majesty Queen A^ictoria, chapter 116, 
 and under this Act may severally enter into agreements with 
 the Company for conveying or leasing to the Company the 
 several railways, rights, powers, surveys, plans, works, plant, 
 material, machinery, franchises and other property to the 
 said corporation severally belonging on such terms and to be 
 paid for in stock, bonds or such other manner as agreed upon, 
 and subject to such restrictions as to the directors seem fit ; 
 provided that each such agreement has been first approved 
 by resolution at an annual general meeting, or a special gen- 
 eral meeting called for the purpose, of the shareholders of the 
 Company and of the corporation entering into such agree- 
 ment respectively. 
 
 Agreements as 3. No such agreement shall prejudice or affect the rights 
 tL'^property Creditors or persons having claims against or contracts with 
 of other any of the said companies, and ever}^ such agreement shall be 
 subject to the rights, positions and powers of any municipal 
 corporation under any statute, by-law, agreement or otherwise, 
 all which rights, positions and powers may be exercised and 
 enforced as against and with respect to the company and the 
 undertakings, rights, franchises, powers, lines, assets and pro- 
 perties so acquired by it in the same manner and to the same 
 extend and as fully as the same could or might be exercised 
 and enforced as against and with respect to the company en- 
 tering into such agreement and its undertakings, rights, fran- 
 chises, powers, lines, assets and properties. 
 
 companies. 
 
 4 Edw. VII., c. 39. 
 
 • An Act respecting the Toronto Kailway Company. 
 
 [Assented to 26th April, 190J,..] 
 
 Preamble. T\7^HEKEAS The Toronto L'ailway Company lias by its 
 petition set forth that it is incorporated under 55 Vic- 
 toria, Chapter 99, and that it is desirous of obtaining legisla- 
 tion for the purpose hereinafter mentioned; 
 
65 
 
 Therefore His Majesty, by and with the advice and co]i- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 1. The Toronto Eailway Company, hereinafter called "the 
 Company/' 
 
 (a) May form a reserve fund out of any of the surplus aut"!)u-ized to 
 earnings of the Company, and may from time to time add fjJ^^'JJ of^ 
 thereto out of such earning; surplus earn- 
 
 ingg. 
 
 (b) May take, or otherwise ac(|uire and become the owner Authoiity to 
 of shares, bonds, debentures, debenture stock and other secu- Xo'kl, bonds, 
 rities of any of the following companies, nameh^, The Toronto etc., of oth^r 
 and Mimico Eailway Company, The Toronto and Soarboro' 
 
 Electric Eailway Light and Power C(nnpany (Limited), 
 The Metropolitan Eailway Company, The Schomberg and 
 Aurora Eailway Company and The Toronto and York Eadial 
 Eailway Company; 
 
 (c) May from time to time loan its credit to or guarantee Authority to 
 the bonds, debentures, debenture stock or other securities or ^JJ^ds?^etc., 
 obligations of all or any of said companies, upon such terms of other 
 
 ^ J. - -L companies. 
 
 as may seem expedient. 
 
 2. The powers conferred by section 1 may be exercised Powers con- 
 from time to time by resolution of the Board of Directors, exerclsfHrby*^* 
 and every o^uarantee authorized by subsection (c) of said goavd of 
 
 Directors 
 
 section 1, executed on behalf of' the Company under the au- 
 thority of an}' resolution of the Board of Directors, shall be 
 binding on the Company; provided that the authority to in- Proviso, 
 vest in the stocks aforesaid shall, unless such approval has al- 
 ready been obtained, only be exercised after such investments 
 shall be sanctioned by the vote of not less than two-thirds in 
 value of the shareholders of the Company as may be present 
 in person or represented by proxy at any annual meeting of 
 the Company or at a special general meeting to be called for 
 that purpose. 
 
 3. The Act passed in the o5th year of the reign of Her 55 Vic , c. 99, 
 late Majesty Queen Victoria, and chaptered 99, incorporating 
 
 The Toronto Eailway Company, is amended by adding there- 
 to the following section: — 
 
 29. In the event of the said Company neglecting or refus- Penalty fo. 
 ing to give a service 'of cars reasonably complying with the ^^^^l^^^ 
 provisions of the said agreement and conditions, the Com- 
 pany shall in addition to any other remedies provided by law 
 be liable to pay to the city for such neglect or refusal the sum 
 or sums of $100 for each day they shall so neglect or refuse, 
 5 
 
 I 
 
66 
 
 which sum or sums may be recovered in an action by the said 
 corporation in any court of competent jurisdiction. Such 
 sums or amounts are hereby declared to be in the nature of 
 liquidated damages and shall be so held in any action .for the 
 
 Proviso. recovery thereof ; provided that the provisions of section 46 
 of the conditions forming part of the schedule to said Act 
 
 Proviso. shall n,ot apply to any such neglect or refusal; provided 
 further that any neglect or refusal caused by fire, strikes, civil 
 commotion, the act of God or the King's enemies, shall not 
 be within the provisions hereof. 
 
 Rights of city 4. Neither this Act nor anything authorized to be done 
 of franchise thereunder shall prejudice or aflPect the rights of the Corpora- 
 not affected. Hq^l of the City of Toronto to take over the property of the 
 said Company as provided in the Act incorporating the Com- 
 pany and the agreement and other documents made schedules 
 thereto. 
 
 58 Vict., c. 89 (Ont.), as amended by 60 Vict, c. 81, s. 1. 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 16th April, 1895.] 
 
 Preamble. TT7HEREAS the Corporation of the City of Toronto by 
 VV petition has prayed for special legislation in regard 
 to the several matters liereinafter set forth; and whereas it 
 is expedient to grant the prayer of the said petition; 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 Authority to 1- N'otwithstanding anything contained in the Act passed 
 contract with ])j the Legislature of the Province of Ontario in the 55th 
 way C?. " year of Her Majesty's reign, and chaptered 99, or any other 
 haulage of ^^^^ the said Legislature, the Corporation of the City of 
 
 scavengers , i • n , i • j i. 
 
 material. Toronto is hereby authorized to enter into an agreement 
 with the Toronto Railway Company to haul the material re- 
 moved by the scavenger department of the City of Toronto^ 
 for a period of ten years, with the o])tion of renewal for 
 further ])eriods of ten years or less^ upon such terms as 
 may be mutually agreed upon, and amongst others, that 
 no '])ercentage is to be ])ayable to the City upon the price 
 ])aid to the said Company for such hauling. 
 
 62 v., c. 74, 2. Section 5 of chapter 74 of the Acts passed by the Legis- 
 8. 5, amended. ]atnre of the Province of Ontario in the 52nd year of Her 
 
67 
 
 Majesty^s reign, is amended by striking out the words " three '^^J^g^*^' 
 and a half in the last line of the said ncction, and by in- tures. 
 serting the word " f out in lieu, thereof; and the said 
 amendment is to a.p])ly at the option of the Council of the 
 Corporation of the City of Toronto, to any by-laws passed 
 during the year 1894 under tlie said Act, or in any previous 
 year if the debentures theieuncler have not issued, or to any 
 debentures issued or to be issued thereunder, and the said 
 Council may amend any such by-laws passed during the year 
 1894 or previous years, whether submitted to the ratepayers 
 or not, by making the rate of interest 4 per cent, instead of 
 ?>\^2 per cent., and by i-cducing the amount of del)entures to 
 be issued under sucli l)y-la\vs. 
 
 3. The Municipal Council of the City of Toronto may pass Regulatirig 
 by-laws for licensing, regulating and governing ferries within 
 
 the City and harbour of Toronto, and for establishing the 
 rates of ferriage to be taken tliereon, and the license fee to 
 be paid for eacli boat operating upon such ferry, and may in 
 its discretion refuse such license for any ferry boat except 
 ferry boats heretofore licensed and at present engaged in such 
 ferry business so long as such ferry boats pass government 
 inspection, but such by-laws shall contain the provision that 
 no ferr)^ boats not heretofore licensed shall receive a license 
 unless classed Al^ according to the marine register. 
 
 4. No by-law passed under the last preceding section shall Assent of 
 have effect until assented to by the Lieutenant-Governor m ^jf^ern^^^^^^^ 
 Council. 
 
 6. The Council of the Corporation of the City of Toronto Rate of inter- 
 is hereby authorized to amend the by-law for borrowing ^^J^*^" ^^^^"^ 
 $130,000, submitted to the ratepayers on the 20th day of 
 October, 1894, to raise the money necessary. for the widen- 
 ing of the Queen street subway, by making the rate of 
 interest of the debentures thereunder four per cent, instead 
 of three and a half per cent., and such further amendments 
 to the by-law as may be necessary by reason of such change 
 of the rate (^f interest therein, and the said Council may, 
 notwithstanding the provisions of section 327 of The Oon- ., c. A2. 
 solidafed Municipal Act, 1892, thereafter pass such by-law. 
 
 6. (1) The by-laM\^ of the Corporation of the City of Local im- 
 Toronto specified in the schedule hereto, and all debentures gy^^wTcon- 
 issued or to be issued thereunder, and all assessments made firmed, 
 or to be made for payment thereof, are hereby validated and 
 confirmed. 
 
 (2) Provided tliat nothing herein contained shall affect Proviso, 
 any right which the Canadian Pacific Railway Company has 
 
68 
 
 or would have but for this Act to have it declared that by- 
 laws 3244, 3245 and 3246 mentioned in the schedule to this 
 Act are invalid or that they are not binding upon the said 
 Company. 
 
 Proviso. (3) Provided further that nothing herein contained shall 
 
 affect the right of the Land Security Company under the 
 agreement made between the said Company and others and 
 the City of Toronto bearing date the 21st day of October, 
 1887, or otherwise independently of the said agreement in 
 respect of the said by-laws 3244, 3245 and 3246. 
 
 54 v., c. 82, 7. The Act passed in the 54th year of Her Majesty's reign 
 " ^ ■ chapter 82 is amended by adding thereto the following sec- 
 tion : 
 
 Extension ofm 15. Nothing in this Act or in the by-law confirmed by 
 section 12 thereof shall operate in the case of any by-law or 
 by-laws for or in connection with the extension as a local im- 
 provement of Gladstone avenue to Hamilton street to pre- 
 vent persons being owners or otherwise interested in lands 
 fronting or abutting upon Hamilton street or north Glad- 
 stone Avenue from obtaining against the City any relief to 
 which but for the passing of this Act they would by law 
 have been entitled at any time prior to the passing there- 
 of: 60 Vic. c. 81, s. 1. 
 
 8. Nothing in section 6 of this Act shall prejudice or 
 affect any action or proceeding now pending with reference 
 to by-law No. 3239 in the said schedule referred to. 
 
 The schedule hereto sets forth the following hy-laws, 
 ncimdy: Nos. 3026, 3092, 3126, 8130, 3154, 3177,' 3220, 
 3221,' 3223, 322 Jf, 3225, 3226, 3227, 3228, 3229, 3230, 3231, 
 3232, 3233, 3234, 3235, 3236, 3239, 32JfO, 324-1, 3242, 3243, 
 3244, 3245, 3246, 3248, 3262, 3274, 3275, 3276, 3068, 3261. 
 
 Gladstone 
 Aveime. 
 
 Pending 
 actions. 
 
 59 Vict., c. 96 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 {Assented to 7th April, 1896.] 
 
 Preamble. TTTHEREAS the Corporation of the City of Toronto has by 
 VV ' ' otition prayed for special legislation in respect to 
 the several matters herein set forth; and whereas it is expe- 
 dient to grant the prayer of the said petition; 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
69 
 
 1. The Corporation of the City of Toronto may include in ^J.^\'^j^|,'[jj**^^^" 
 its estimates for the year 1896 a sum not exceeding $5,000, BriS^'"^ ^ 
 or part thereof, in the estimates for the year 1896 and 
 
 the balance in the estimates for the year 1897, such money to 
 be applied toward the expenses incurred or to be incurred in 
 connection with the coming meeting of the British Associa- 
 tion for the Advancement of Science, to be held in the City 
 of Toronto in the year 1897. 
 
 2. The Corporation of the said City may from time to time Aid to J. T. 
 grant moneys to assist one J. T. Johnston in defraying the acti"^^a^Jinflt 
 costs of an action brought by him against the Consumers^ (^as Company. 
 Gas Company of Toron^to, to compel (amongst other things) 
 
 the said Company to invest its funds, as directed by the Act 
 passed by the Legislature of Ontario in the 50th year of Her 
 Majesty^s reign, and chaptered 85, and to recoup him for 
 moneys already necessarily expended by him for costs in 
 the prosecution of such action. Provided always that upon Proviso, 
 the said Corporation, by resolution of the City Council to be 
 hereafter passed, granting any such sums of money to so 
 assist the said J. T. Johnston, the said Corporation shnll 
 thereupon become liable to pay the said Company any costs 
 in the said action which may be finally ordered therein to 
 be paid by the said Plaintiffs to the said Defendant Com- 
 pany, and which costs may be recovered after the said final 
 judgment from the said Corporation by the said Company 
 in any court of competent jurisdiction in this Province. 
 
 3. The Council of the said Corporation may, without bab- Power to issue 
 mitting the same to the ratepayers qualified to vote on ^200,000'Tor^ 
 money by-laws, pass such by-laws as may from time to time completion of 
 be necessary to authorize an issue of ^^City of Toronto C iu- 
 solidated Loan Debentures to such amount, not 'i^xceedmg 
 $300,000, as ]iiay be necessary for the purpose of completing 
 
 the court house and city hall buildings, and may issue any 
 number of debentures, payable in this province or elsewhere, 
 in sums of not less than $100 each, which may be requisite 
 and necessary therefor; which debentures may be payable 
 any time within forty years from the respective dates there- 
 of, Avith interest thereon in the meantime at a rate not 
 exceeding four per cent, per annum, payable half-yearly, 
 and for the purpose of redeeming the said debentures and 
 paying the interest thereon the Council of the said Corpora- 
 tion may in any by-law or by-laws to be passed authorizing 
 any sucli loan or loans, or any part thereof, and the issuing 
 of debentures therefor, impose a special rate per annum 
 upon all ratable real and personal property within the said 
 municipality over and above and in addition to all other 
 rates to be levied in each year, which shall be sufficient over 
 and above the interest payable on such debentures to fom; 
 
70 
 
 a sinking fund to pay oft tlio said debentures at maturity, 
 or the said Co'iporation may^ if necessary, borrow money iii 
 advance from banks or other corporations or persons, to pay 
 its share of the cost of completing the court house and City 
 Hall buildings, and then issue debentures for the actual cost 
 of said completion, not exceeding the said sum of $200,000, 
 to repay said advances. 
 
 Agreeiixnit 4. A certain agreement made on the -±th day of February, 
 p!*^k,.^w!^^o?)! 1895, between the Corporation of the City of Toronto and 
 confirmed. the Canadian Pacific Eailway Company, respecting the York 
 street overhead traffic bridge, and which is printed as 
 Schedule A hereto, is hereby validated and confirmed, 
 and the said parties the'reto are hereby declared to have and 
 to have had power to do all acts necessary to give effect to 
 the same. If the said Corporation shall from time to time 
 advance to the said Company under the said agreement, any 
 moneys on account of the construction of the said bridge, 
 which the Grand Trunk Eailway Company of Canada may or 
 might eventually be declared liable to pay under the Espla- 
 nade Agreement, the fact of the same having been advanced 
 by the said Corpo'ration without the Grand Trunk Railway 
 Company requesting the Corporation so to do, shall in no 
 way prevent the Grand Trunk Eailway Company from being 
 eventually declared liable to pay the amount or amounts 
 so advanced, and thfe said Grand Trunk Eailway Company 
 shall, notwithstanding the said agreement and advance, re- 
 main and be liable to pay towards the cost of said bridge 
 such proportion, if any, as it might have been found liable for 
 unde'r the special case provided for in the Esplanade Agree- 
 ment, if the said agreement of the 4th of February, 1895, and 
 said advances had not been so made; and the said the Cor- 
 poration of the City of Toronto shall be entitled to recover 
 the said moneys from the Grand Trunk Eaihvay Company to 
 the extent of such liability by action or otherwise. Nothing, 
 however, in this section contained shall' in any way interfere 
 Avith any pending litigation, but the same shall be considered 
 and determined as if this section had not been passed; pro- 
 vided further that nothing herein contained shall in any way 
 prejudice or affect the rights of the Grand Trunk Eailway 
 Company of Canada under the said Esplanade Agreement. 
 
 By-laws for 5. The by-laws of the Corporation of the City of Toronto 
 raenti3-''''^" specified in" Schedule B/' hereto, and all debentures issued 
 firmed. or to be issued thereunder, and all assessments made or to be 
 
 made for payment thereof, are hereby validated and con- 
 firmed. 
 
 Act not to 6. Nothing in this Act shall prejudice or affect the ques- 
 V. Tor'uuUK^ tion of costs in the case of Jarvis v. The City of Toronto. 
 
71 
 
 SCHEDULE A. 
 
 Agreement made this fourth day of February, one thousand 
 eight hundred and ninety-five, between tlie Corporation of 
 the City of Toronto hereinafter called " the City," of the 
 one part, and the Canadian Pacillc ilaiiway Company, 
 hereinafter called the- Company,'' of the other part. 
 
 The said parties do mutually agree, and each of them 
 agrees with the other, its successors and assigns, as follows, 
 that is to say: 
 
 1. As soon as is reasonably practicable after the plans and 
 specifications of the overhead traffic bridge mentioned in 
 clause seven of the agreement known as " the Esplanade 
 Agreement " are approved as therein provided for, the com- 
 pany will commence the constrnction of the said bridge, and 
 if the City punctually provide one-half of the cost thereof 
 •as hereinafter mentioned, the Company will proceed with 
 and complete the said bridge without any delay which can 
 be reasonably avoided, finding as the work progresses the 
 other half of the said cost. 
 
 3. The City will on demand from time to time, as the said 
 construction progresses, pay to the Company one-half of 
 the costs thereof, including compensation for property and 
 costs incidental thereto, as provided for in clause eight of 
 the said agreement^ so that the Company shall not be at any 
 time called upon to advance more than an equal moiety 
 of the said cost, the anlount required from time to time to 
 meet the cost of constructing said bridge being established 
 temporarily by the certificate of the engineer of the Com- 
 pany appointed for that purpose. At the conclusion of the 
 said construction the said account, if desired by either of 
 the parties hereto, to be taken and adjusted by the Judge 
 of the County of York, who may require from the City and 
 the Company all evidence required for his satisfaction, and 
 decide the amount disbursed and contributed by each. 
 
 3. In the event of the decision of the dispute between the 
 City and the Grand Trunk Eailway Company, mentioned in 
 the said clause eight, being that the Grand Trunk Eailway 
 Company is liable to contribute any portion of the said cost, 
 then the City shall reimburse to the said Company whatever 
 sum the Company shall have paid out under the above ar- 
 rangement, over and above the proportion which the Com- 
 pany is under the terms of the said clause found liable to 
 contribute, and interest thereon at five per cent, per annum. 
 
 4. And the City undertakes to use all practicable despatch 
 in having the dispute referred to in clause eight settled so as 
 to define the amount or proportion of the liability, if any, of 
 
72 
 
 the Grand Trunk Eailway Company as to contribution in le- 
 spect to the York street bridge. 
 
 In witness whereof the said parties have hereunto affixed 
 their corporate seals and their officers namely; Thomas G. 
 Shaughnessy, vice-president, and Charles Drinkwater, secre- 
 tary of the Canadian Pacific Eailway Company, and Warring 
 Kennedy, Mayor, and Eichard Theodore Coady, Treasurer of 
 the City of To'ionto, have hereunto set their hands the year 
 and day hereinbefore mentioned. 
 
 Warring Kennedy^ 
 
 Mayor. , ^~^aT7~^ ) 
 
 E. T. Coady ^ City of T oronto . ) 
 
 Treasurer. 
 
 The Canadian Pacific Eailway Company, 
 
 T. G. Shaughnessy, . . 
 
 Vice-President. ( Seal, ] 
 
 J The Canadian I 
 
 C. Drinkwater, i Pacific Railway f 
 
 I Co. ) 
 
 Secretary. , — — 
 
 Eichard McIntyre, 
 
 As to signatures of Warring 
 Kennedy and Eichard Theo- 
 dore Coady. 
 
 E. S. Bartlett, 
 
 As to signatures of Thomas G. 
 Shaughnessy and Charles 
 Drinkwater. 
 
 Signed, sealed and 
 delivered in the 
 presence of 
 
 Schedule " B'' hereto sets forth the following By-laws, 
 namely: Nos. 3316, 3318 to 3331+ inclusive, 3337, 3338, 3339, 
 'f3, 33U, 331,5 and 3347. 
 
 60 Vict. c. 81 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 13th April, 1897.] 
 
 Preamble. ITTHEEEAS the Corporation of the City of Toronto has, 
 V V by its petition, prayed for special legislation in respect 
 to the several matters herein set forth; and whereas it is ex- 
 pedient to grant the prayer of the said petition ; 
 
73 
 
 Therefore, Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 1. Section 7 of the Act passed by the Legislature of the f 
 T*rovince of Ontario in the 58th year of Her Majesty's reign, 
 and chaptered 89, is amended by striking out the words " the 
 assessments upon whose lands are hereby confirmed," in the 
 seventh and eighth lines of said section, and inserting in lieu 
 thereof the following words : " being owners or otherwise 
 interested in lands fronting or abutting upon Hamilton Street 
 or North Gladstone Avenue." 
 
 (2') Nothing in this section contained shall prejudice or 
 affect the question of costs of any action or proceeding now 
 pending. 
 
 2. The Corporation of the City of Toronto may and shall. City to pass 
 within three months after the coming into force of this Act, GaJdstonT 
 pass a by-law amending by-law 2841, passed on the 2nd day Avenue 
 
 of February, 1891, so as to provide that the total amount paid 
 or to be paid as the ratepayers' share of the cost of the im- 
 provement therein mentioned shall be $14,000, instead of the 
 sum in the said by-law 2841 mentioned; and assessing the said 
 sum of $14,000 upon the lands fronting or abutting on Glad- 
 stone Avenue between the northerly limit of Dundas Street 
 and the southerly limit of that portion of Gladstone Avenue 
 formerly known as Hamilton Street, according to the front- 
 age thereof on Gladstone Avenue ; but the said assessment 
 shall be so made that the frontage rate to be imposed upon 
 the lands fronting or abutting on that portion of Gladstone 
 Avenue between the northerly limit of Dundas Street and 
 the southerly limit of lot 31, as shown on plan D. 6, shall 
 by only one-half of the rate per foot imposed upon the lands 
 fronting or abutting on Gladstone Avenue between the south- 
 erly limit of lot 31, plan D 6, and the southerly limit of what 
 was formerly Hamilton Street. The time over which the pa}^- 
 m.ents under the said by-law so to be passed as aforesaid is 
 extended so as to be ten years from the date of the passing 
 thereof : and the Corporation of the City of Toronto may and 
 shall assume the balance of the cost of the said improvement 
 over and above $14,000, as the City's share thereof, and shall 
 make refunds or abatements to all persons who have heretofore 
 paid their assessments under said by-law 2841, or in respect 
 of lands upon which such assessments have been made, so that 
 no person and no lands fronting or abutting on Gladstone 
 Avenue shall in respect of the said improvement be liable for 
 or chargeable with more than the amount of the rates hereby 
 authorized to be imposed in order to make up the said sum of 
 $14,000. 
 
3. The by-laws of the Corporation of the City of Toronto 
 specified in schedule " A hereto, and all debentures issued 
 or to be issued thereunder, and all assessments made for 
 the payment thereof, are hereby validated and confirmed. 
 
 4. — (1) A certain agreement made between the said Cor- 
 poration and the Toronto Eailway Company respecting the 
 Island service, and which is printed as Schedule B " hereto, 
 is hereby validated and confirmed, and the said parties there- 
 to are hereby empowered to do all acts necessary to give effect 
 to the same, and the said Corporation is hereby empowered 
 to expropriate such lands,, or such interests therein, as they 
 may deem necessary to carr}^ out the said agreement, making 
 such compensation therefor as the owners thereof may be 
 entitled to, upon the same being determined under the arbi- 
 tration clauses of The Municipal Act, and all sections in the 
 said Act as to expropriation and arbitration shall apply, and 
 also The Municipal Arbitrations Act. 
 
 (2) The Council of the Corporation of the City of Toronto 
 shall, before undertaking the erection of any bridge or bridges, 
 tunnel or other means of street railway communication with 
 the Island, obtain the approval and consent of the Governor- 
 General of Canada in Council, and shall cause proper plans 
 of survey to be made, and •proper plans, profiles, drawings 
 and specifications of the work to be done and improvements 
 to be made, to be prepared, and procure proper estimates of 
 the probable cost of the lands to be taken and of the amount 
 of damages to lands injuriously affected, together with proper 
 estimates of the probable cost of the whole of the works 
 necessary to connect the present street railway system with 
 the proposed Island railway, other than the extension of 
 the tracks of the said railway on tlie streets of the city, and 
 shall cause the same to be duly published for the information 
 of the ratepayers ; and they shall also submit the question of 
 undertaking the said works at the estimated cost to a vote 
 and procure the assent of the electors qualified to vote on 
 money by-laws under the provisions of The Consolidated 
 Municipal Act, 1892, and amending Acts in that behalf. 
 
 (3) Nothing in this Act or the said agreement contained, 
 or done in pursuance thereof, shall prejudice or affect the 
 rights and positions of the bondholders of the said Railway 
 Compan}^, or of the trustees of the mortgage securing said 
 bonds. 
 
 (4) Except in the case of the Queen's Wharf nothing in 
 this section contained shall require the consent of the Gov- 
 ernor-General of Canada in Council or the approval of the 
 ratepayers to any work necessary or money to be expended 
 
75 
 
 in providing approaches to the water's edge to bring the street 
 cars to the different steamboat handings. 
 
 5. The asfrcenient made between the said Corporation and -Sunday car 
 
 rr, , -1 J- 11 X- agreement 
 
 the Toronto Railway Company respecting the operation ol o(mfim)o<l. 
 street cars upon the Lord's Day in the City of Toronto, and 
 which is printed as schedule " C" hereto, is hereby validated 
 and confirmed, and the said parties thereto are Jiereby de- 
 clared to have and to have had power to do all acts necessary 
 to give effect to the same; but this section and the agree- 
 ment hereby confirmed is not to have any force or effect un- 
 less and until a by-law embodying the same has been approved 
 of by the voters, as provided in the Act passed by this Legis- 
 lature in the 57th year of Her Majesty's reign, and chaptered 
 93. Provided, however, that the confirmation of the said t'roviso. 
 agreement or any clause, matter or thing therein contained, 
 or any vote taken thereunder or in pursuance thereof, shall 
 not legalize the running of cars upon the Lord's Day, if the 
 same is a contravention of the Revised Statute, chapter 203, 
 
 c 203 
 
 intituled An Act to Prevent tJie Profanation of tlie Lord's 
 Day, and shall not confer on the Railway Company any 
 greater right or power to run a Sunday car service, if the 
 vote should be in favor thereof, than the Railway Com^pany 
 would be entitled to under the legislation of 1892 and 1894, 
 and a vote in favor of Sunday cars taken thereunder. The 
 said Corporation is hereby authorized to impose from time 
 to time penalties, as provided for in the said agreement, and 
 to collect the same if not paid by the said Company by ac- 
 tion as if the same were a debt due by the Company to the 
 Corporation, and any penalty imposed by or under the pro- 
 visions of the said agreement shall not be relieved against by 
 any Court or Judge. The County Court Judge of the County 
 of York, and the Court of Appeal of the Province of Ontario, 
 respectively, shall have jurisdiction to, and it shall be their 
 duty, to hear and determine the matters in the said agree- 
 ment provided to be determined by them, and no objection 
 shall be competent to either party to the said agreement as to 
 the jurisdiction of the said County Court Judge and the 
 Court of Appeal respectively. 
 
 6. Notwithstanding the provisions of section 2 of the Act Don improve- 
 passed by this Legislature in the 49th year of Her Majesty's 
 
 reign, chaptered 66, of section 3 of the Act of 52 Victoria^ 
 chaptered 73, and of section 3 of the Act 54 Victoria, chap- 
 tered 82, the said Corporation may proceed to assess as author- 
 ized by said section 2 without obtaining the certificate of the 
 City Engineer therein referred to, whether the work referred 
 to in the said sections has been completed or not, and in mak- 
 
76 
 
 ing the special assessments autliorized by the said Acts, regard 
 shall be had to the provisions of sub-section 3 of section 4 of 
 the firstly mentioned Act, and the fact that the work has not 
 been completed shall be an element to be considered in making 
 the said special assessment. 
 
 Schedule ''A'' hereto sets forth the foUoiving By-laws, 
 namely: Nos. 3232, 3249, 3250, 3290 to 3298 inclusive^ 3301, 
 3302, 3370, 3386 to 3^08 inclusive, 3J^20, 3m, 3Jf22, SUJ^- 
 
 SCHEDULE- B. 
 
 This Indenture, made in triplicate the 26th day of March, 
 A.D. 1897, between the Corporation of the City of Toronto, 
 hereinafter called the " Corporation/^ of the first part, and 
 the Toronto Eailway Company, hereinafter called the 
 Company/^ of the second part. 
 
 1. Whereas, by an Indenture made the first day of Septem- 
 ber, 1891, between the said Corporation of the first part, and 
 George Washington Kiely, William McKenzie, Henry Azariah 
 Everett and Chauncey Clark Woodworth, thereinafter called 
 the purchasers of the second part, the said Corporation, for 
 the consideration therein expressed, did grant unto the said 
 purchasers, as therein provided, the right to operate surface 
 street railways in the City of Toronto, excepting on the 
 Island, and other excepted portions of the city as therein 
 specified ; 
 
 2. And whereas the said purchasers were duly incorporated 
 by an Act of the Legislature of the Province of Ontario, en- 
 titled. An Act to Incorporate the Toronto Railway Com- 
 pany, and to confirm the Agreement between the Corpora- 
 tion of the City of Toronto and George W. Kiely, Willium 
 McKenzie, Henry A. Everett and Chauncey C. Woodworth, 
 and the said purchasers have since duly granted and assigned 
 tc the Company the said agreement, and all the properties, 
 rights and privileges therein mentioned, subject to the obli- 
 gations,, conditions, agreements and provisoes contained in the 
 said Act of Incorporation and the several schedules incor- 
 porated therewith; 
 
 3. And whereas by Keport Number 2 of the Special Com- 
 mittee of the Council of the said Corporation re Sunday Car 
 Agreement, adopted by the Council on the thirtieth day of 
 December, 1896, it was recommended that an agreement 
 should be prepared respecting the construction and opera- 
 tion of an Island service in pursuance of the proposition con- 
 tained in a Message of His Worship the Mayor and certain 
 
77 
 
 correspondence between His Worship and Mr. George H. 
 Bertram, on behalf of the Toronto Eailway Company, and 
 that the agreement should be approved of by the said Council ; 
 
 4. And whereas this agreement lias been prepared in pursu- 
 ance of such correspondence, and as such has been approved 
 of by the Council of the said Corporation on the 25th day of 
 March, 1897; 
 
 5. Now therefore this Indenture witnesseth that tiie Cor- 
 poration and the Company do by these presents mutually and 
 respectively agree with each other, and with the successors 
 and assigns of each other, that the Island, sometimes known 
 as "Hiawatha," be included in the agreement of the; first 
 day of September, 1891, as though the Island had not been 
 excepted therefrom but had been included therein, and that 
 all the conditions, agreements and stipulations contained in 
 the said agreement, dated the first day of September, 1891, 
 and in the Act of Incorporation of the Company and the sche- 
 dules incorporated therewith, inclusive of the obligation 
 of the Company to pay the mileage payments and percentages 
 on the gross receipts under the ninth condition of sale of the 
 Sitreet railway franchise of the City of Toronto, and under 
 the fifteenth and sixteenth paragraphs of the said agreement, 
 shall be all valid, binding and operative conditions, agree- 
 ments, and stipulations between the Corporation and the said 
 Company, and shall relate to and govern all the mutual and 
 respective obligations of the Corporation and the Company, 
 except so far as the same are varied by this agreement. 
 
 6. It is mutually agreed by and between the parties hereto, 
 that the Company will extend their track or tracks on the 
 mainland to the water's edge and operate their cars thereon 
 so as to meet the City's requirements for a convenient and 
 efiicient Island service to and from the Island by ferries, the 
 City to provide any necessary right of way and to bear any 
 further expense to so reach the water's edge other than pro- 
 viding the. necessary material for the tracks, rails, poles, wires 
 and other necessary equipment of the railway and laying, 
 constmcting, or erecting the same and operating the cars 
 on the tracks so laid, and as soon as the Council provides a 
 bridge or bridges or other means of communication sufficient 
 to meet the necessities of traffic, the Company will extend 
 their track or tracks to and over such bridge or bridges, or 
 other means of communication to the Island, and lay, extend 
 and locate their tracks upon the Island from time to time 
 where and in such places as in the opinion of the City En- 
 gineer and the City Council may be considered reasonable and 
 necessary, but in case of any dispute as to what may be rea- 
 sonable and necessary^ the reasonableness and necessity shall 
 
78 
 
 be settled and- finally determined by the person who shall 
 occupy the position of the President of the High Court of 
 Justice for Ontario,, or who may perform the duties and have 
 the powers now possessed by that person, or in case such per- 
 son refuses so to act, then by such person as he may appoint 
 upon the application of either of the parties hereto, upon 
 notice to the other party hereto. 
 
 7. And the said Company, for themselves, their successors 
 or assigns, covenant, promise and agree to and with the 
 said Corporation that if the said Company shall neglect or 
 refuse, within a period of three months after notice so to do, 
 to extend their track or tracks on the mainland to the water's 
 edge, or to extend their track or tracks over such bridge or 
 bridges or other means of communication^ or to connect the 
 present City service with the said tracks upon the Island, or 
 to lay and extend their tracks upon the Island from time to 
 time as in the opinion of tlie City Engineer and the City 
 Council may be reasonable or necessary, then and in either or 
 any of such cases, the City Engineer may, either with or with- 
 out notice, take such steps, procure such material, teams and 
 men, and do such work or things as he may deem advisable 
 to provide such track or tracks, or any or either of them, 
 or towards carrying out this agreement, and any and all ex- 
 penses so incurred shall be a debt due from the said Com- 
 pany to the said Corporation, and may be recovered as such 
 in any Court of competent jurisdiction; 
 
 8. It is also mutually agreed by and between the parties 
 hereto that the right of way upon the Island and the means 
 of access from one part thereof to other parts thereof are to 
 be provided by the said Corporation and need not be other- 
 wise public highways, and the said Corporation is also to 
 make and construct such width of roadway thereon as may be 
 considered necessary by the City Engineer, but the said Cor- 
 poration shall be under no obligation to construct any parti- 
 cular width of roadway upon the Island. 
 
 9. It is also mutually agreed by and between the parties 
 hereto that the Company, immediately after the Corporation 
 has supplied a bridge or bridges or other means of communi- 
 cation to the Island, will proceed, upon instructions from the 
 City Engineer, to construct and operate a railway or railways 
 to and upon the Island, and upon the approaches to the 
 water's edge or over the said bridge or bridges, as may be 
 necessary to carry passengers thereon, and will carry passen- 
 gers over and operate their entire system and every part 
 thereof at the fares and upon the terms and conditions pro- 
 vided for in the original agreement of the 1st of September^ 
 1891, and any amendments thereto. 
 
79 
 
 10. It is hereby mutually agreed that the Company shall 
 not be required to operate their cars on the Island between 
 the first day of November and the first day of April, in each 
 year; but this shall not in any way lessen the Company^s 
 obligation to pay full mileage for the entire year. 
 
 11. It is further agreed that the Company will not be re- 
 quired to construct or extend their tracks upon the Island, 
 between the 1st day of September, 1911, and the 31st day of 
 August, 1921. 
 
 12. The parties hereto agree to apply from time to time, 
 as the Council of the City of Toronto may consider necessary, 
 to the Legislature of the Province of Ontario to validate and 
 confirm this agreement, and each party hereto will assist in 
 obtaining such legislation. 
 
 In witness whereof the parties hereto have afiixed their 
 respective seals and set to the signature of the proper officers 
 in that behalf. 
 
 Signed, Sealed and Delivered | 
 in the presence of j 
 
 SCHEDULE C. 
 
 This Indenture, made in triplicate the day of 
 
 in the year of our Lord one thousand eight hundred and 
 ninety-seven, between the Corporation of the City of To- 
 ronto, hereinafter called the " Corporation," of the first 
 part, and tlie Toronto Eailway Company, hereinafter called 
 the " Company,'' of the second part. 
 
 1. Whereas, by an Indenture made the first day of Septem- 
 ber, 1891, between the said Corporation of the first part, and 
 George Washington Iviely, William McKenzie, Henry Azariah 
 Everett a^d Chauncey Clark Woodworth, thereinafter called 
 the " Purchasers " of the second part, the said Corporation, 
 for the consideration therein expressed, did grant unto the 
 said purchasers, as therein provided, the right to operate sur- 
 face street railways in the City of Toronto, upon the terms 
 and conditions therein mentioned ; 
 
 2. And whereas the said Purchasers were duly incorporated 
 by an Act of the Legislature of the Province of Ontario, in- 
 tituled An Act to Incorporate the Toronto Railway Com- 
 pany and to Confirm an Agreement between the Corporation 
 of the City of Toronto and Geo. W. KieJy, William McKen- 
 zie^ Henry A. Everett and Chauncey C. Woodicorth, and the 
 ^aid agreement, with the conditions, (locunients and schedules 
 
80 
 
 therein referred to, is validated, construed and limited as 
 therein mentioned ; 
 
 3. And whereas the said Purchasers have duly granted and 
 assigned to the Company the said agreement, and the proper- 
 ties^ rights and privileges therein mentioned, and the said 
 Company has been duly substituted as the contracting party 
 with the said Corporation, in the place and stead of the said 
 Purchasers, under the said agreement, and the said agreement, 
 conditions and documents contained in the said Act of in- 
 corporation, forni the existing contract between the Corpora- 
 tion and the Company in regard to the street railway privilege 
 of the City of Toronto; 
 
 4. And whereas it is provided in clause 40 of the conditions 
 annexed to the said agreement that no car shall be run on 
 the Lord's Day until a Sunday service has been approved of 
 by the citizens by a vote taken on the question. 
 
 5. And whereas, by section 1 of the said Act, the Company 
 is declared entitled to the exclusive right and privilege of us- 
 ing and working the street railways in and upon the streets 
 of the said cit}^, with certain exceptions therein set out, for 
 the full period of thirty years from the first day of Septem- 
 ber, 1891, on all days except Sundays, and no longer, but 
 subject nevertheless to all the conditions, provisoes and re- 
 strictions in the said agreement expressed or contained, and 
 as thereinafter mentioned, and it is therein provided that not- 
 withstanding anything in Schedule "A'' thereto, or in the 
 said Act contained, no street car shall run on the Lord's Day, 
 but that nothing therein contained shall extend to prohibit 
 the doing of any act which is not a contravention of the Ee- 
 vised Statute, chapter 203, intituled An Act to prevent the 
 profanation of the Lord's Day, if and when such Act shall 
 have been approved of by the citizens by a vote taken on the 
 question, as provided by the said agreement; 
 
 6. And whereas, a largely signed petition has b^en sent in 
 to the Council of the said Corporation asking to have sub- 
 mitted to the vote of the citizens the question of operating a 
 Sunday service, and it is deemed expedient to enter into an 
 agreement as to such Sunday service, and the character and 
 extent thereof, as provided by the Act, 57 Victoria, chapter 
 93, and this agreement is being entered into upon the assump- 
 tion that the running of cars upon the Lord's Day is an act 
 not prohibited by the Lord's Day Act; 
 
 7. Now therefore, this Indenture witnesseth that the Cor- 
 poration and the Company do by these presents mutually and 
 respectively admit, declare and agree with each other, and 
 with the successors and assigns of each other, that all the 
 
81 
 
 conditions, agreements and stipulations contained in the said 
 agreement dated the first day of September, 1891, and in the 
 Act of incorporation of the Company and the schedules in- 
 corporated therewith, inclusive of the obligation of the Com- 
 pany to pay the percentages on the gross receipts under the 
 ninth condition of sale of the street railway franchise of the 
 City of Toronto, and under the sixteenth paragray)h of the 
 said agreement, are all valid, binding and operative condi- 
 tions, agreements, and stipulations between the (>)rporation 
 and the Company, and do and shall relate to and goyern all 
 the mutual and respective obligations of the Corporation and 
 the Company, on Sunday as on every other day of the week, 
 except so far as the same are varied by this agreement. 
 
 8. It is mutually agreed that the cars shall be run upon 
 Sundays over the whole and entire system of street railway 
 tracks in the City of Toronto, and any extensions of the same 
 which may be hereafter made during the continuance in force 
 of the agreement hereinbefore in part recited, and shall in- 
 clude a night service if deemed necessary by the City Engin- 
 eer and the City Council. 
 
 9. It is also mutually agreed that the speed of the cars 
 and the number of cars to be run per hour which are neces- 
 sary on each main line or branch, or any part thereof, shall 
 be as determined by the City Engineer from time to time, and 
 approved of by the Council. 
 
 10. It is also mutually agreed by and between the parties 
 hereto that the cars shall not run at a greater speed than four 
 miles an hour while passing any place of worship or Sunday 
 school building during the hours of all services, and the gong 
 or gongs thereon shall not ring within 200 feet of any place 
 of worship or Sunday school building during the hours of all 
 services; provided that the authorities of such church or 
 churches erect a sign on the street line, satisfactory to the 
 City Engineer, announcing their hours of service, and that 
 the performance of this clause may be specifically enforced 
 by the order and injunction of the High Court of Justice. 
 
 11. The service upon any street, or portion of the same, may 
 be discontinued if recommended by the City Engineer and 
 mutually agreed upon by the City Council and the Railway 
 Company, but not otherwise, and such service, or any portion 
 or portions thereof, may be thereafter restored by the order 
 of the Engineer with the approval of the City Council, as 
 aforesaid, when such may be considered advisable or neces- 
 sary. 
 
 6 
 
82 
 
 12. And the said Company, in consideration of the premises 
 and also in consideration of the said Corporation submitting 
 the question of the running of the cars upon Sunday to the 
 vote of the citizens, doth for itself, its successors and assigns, 
 covenant, promise and agree with the said Corporation, that 
 the said Company, its successors and assigns, will not require 
 or permit any of its employees to work in its service more 
 than ten hours per day or more than sixty hours per week, 
 all of which sixty hours' work is to be performed in six days 
 of such week, and that no employee having worked upon six 
 days shall be required or permitted to resume work until he 
 has been a complete day of twenty-four consecutive hours 
 off work, which twenty-four consecutive hours shall be com- 
 puted from 5.30 o'clock a.m. of such day. 
 
 Provided, however, that work rendered" necessary by ex- 
 ceptional accidents, unusual storms or civil commotions, or 
 for operating the cars during the time of the Industrial Ex- 
 hibition not exceeding 12 days in each year, requiriilg the 
 employment of men for extra work, certified by the City En- 
 gineer, or by the Count}'' Judge, as hereinafter provided, to 
 have been necessary in the reasonable operation of the rail- 
 way, shall not be held to be a violation of this section, nor 
 shall the employment of the superintendent and one assist- 
 ant, the cliief engineer and one assistant, the electrician and 
 one assistant, and the roadmasters (not to exceed six in num- 
 ber), while engaged in the necessary work of the Company 
 for parts of seven days of the week be held to be a violation 
 hereof ; Provided, however, that either party hereto may with- 
 in two weeks of the decision of the City Engineer in any mat- 
 ter provided for in this section, communicated to both parties 
 hereto, appeal from such decision to the County Judge, whose 
 decision shall be final and binding upon both parties hereto, 
 and in the event of no appeal being taken within the time 
 aforesaid, the decision of the said City Engineer shall be final 
 and binding upon both parties hereto. 
 
 (1) The word ''week" in this agreement means any seven 
 consecutive days, whether the same begin with Sunday or 
 any other day of the week. 
 
 (2) And the Company^ for itself, its successors and assigns, 
 covenants with the said Corporation, that if at any time any 
 Judge of the County Court of the County of York, upon a 
 summary application to him by the said Corporation, of which 
 two days' notice in writing shall be given to the Company, 
 sliall adjudge and report to the Council of the said Corpora- 
 tion that there has been a substantial breach of the said 
 covenant, promise and agreement which could reasonably 
 
83 
 
 have been avoided, then the Council of the said Corporation, 
 within three months after the receipt of the said report (or 
 after tlie final decision of the said question in the event of 
 an appeal), but not afterwards, may pass a resolution annul- 
 ling any right acquired by the said Company under and by 
 virtue of the said vote or of this agreement to run street cars 
 on Sunday, and upon the passing of such resolution, any 
 such right which may be so acquired by the said Compan}' 
 shall by virtue thereof cease and determine. Provided, how- 
 ever, that in lieu of passing such resolution to annul the 
 rights of the Company to run Sunday cars, the said Council 
 may, for each and every such breach, impose upon the said 
 Company a penalty of $500, or such lesser sum (not less than 
 $100) as the said Council may deem reasonable. 
 
 (3) And the Compan}^, for itself, its successors and as- 
 signs, doth covenant, promise and agree with the Corporation 
 that it will not after the passing of such resolution attempt 
 to exercise any right to run street cars on Sunday which may 
 be acquired by virtue of the said vote, or of this agreement, 
 and the running of street cars on Sunday by virtue of such 
 authority may, after the passing of such resolution, be re- 
 strained by the order and injunction of any court of compe- 
 tent jurisdiction, or in the event of the said Council imposing 
 a penalty as her^nbefore is provided, the Company will pay 
 the amount thereof within seven days after being notified 
 of the action of the Council, and if not paid, the said Corpora- 
 tion may recover the same with costs of action in any Court 
 having jurisdiction to the amount of said penalty. 
 
 (4) Upon the hearing of such application, the said County 
 Court Judge may summon witnesses, take evidence upon 
 oath, order production of books and papers, and exercise all 
 the other powers mentioned in clause forty-three of the con- 
 ditions of sale forming part of the existing agreement be- 
 tween the Company and the Corporation and also the powers 
 of an arbitrator under the Acts respecting arbitrations and 
 references, and he shall report to the Council the evidence 
 and his decision thereon and th,e grounds thereof, and either 
 the Corporation or the Company ma}^, within "one month 
 after the date of said report, appeal from the decision of the 
 said Judge to the Court of Appeal for Ontario, and the deci- 
 sion of the Court of Appeal shall be final, and the said parties 
 hereto consent to the said County Court Judge and the said 
 Court of xVppeal having jurisdiction to hear, try and deter- 
 mine the matters hereinbefore agreed to be submitted to them 
 respectively. 
 
 (5) Provided always and it is hereby declared and agreed 
 by and between the said parties that these presents are pre- 
 
84 
 
 dicated upon the vote of a majority of the citizens being in 
 favor of a Sunday car service, and of a Sunday car service 
 being established in pursuance thereof, and that in the event 
 of any right which may be acquired by the Company under 
 and by virtue of the said vote being annulled by resolution 
 of the Council, as hereinbefore mentioned, the original posi- 
 tion and rights of the citizens and of the Company and the 
 Corporation under the said existing agreement and under the 
 Act of Incorporation of the Company and subsequent legis- 
 lation in relation to the question of a Sunday car service* shall 
 be restored and shall not be effected or prejudiced by reason 
 of the premises. 
 
 13. Any ticket issued by the Company under the said agree- 
 ment of the 1st of September, 1891, except the ones sold 
 at the rate of eight for twenty-five cents, may be used and 
 shall be good at any time on Sunday, but a special ticket shall 
 be issued and sold by all conductors and at the offices of the 
 Company on Sunday, at the rate of seven of them for twenty- 
 five cents, and such tickets may be used upon all cars run- 
 ning upon Sundays, and also upon other days within the 
 hours or times on which the class of tickets sold at the rate 
 of eight for twenty-five cents may be used. 
 
 14. In the event of a majority of the jcitizens voting in 
 favor of a Sunday car service, and the by-law embodying this 
 agreement having passed the Council of the said Corporation, 
 the said Company covenants, promises and agrees to and with 
 the said Corporation that the said Company will upon each 
 and every Sunday thereafter while this agreement remains in 
 force provide a service of cars upon each line of railway 
 operated, or that may hereafter be operated, by the said Com- 
 pany in the City of Toronto, during the hours and upon the 
 terms and conditions set out in the said agreement of the 1st 
 September, 1891, except as varied by this agreement; and 
 that the said agreement of 1891, with the amendments or 
 alterations provided by this agreement, shall apply to the 
 operations of cars upon Sundays. 
 
 15. This, agreement is provisional, and shall not have any 
 force or effect until the by-law embodying the provisions 
 thereof has been assented to by a vote of the citizens taken 
 thereon, as provided for in the Act passed by the Legislature 
 of the Province of Ontario in the 57th year of Her Majesty's 
 reign, and chaptered 93. 
 
 16. In the event of any court of competent jurisdiction 
 in the Province of Ontario holding that the said Corporation 
 had not power to enter into this agreement, or to authorize 
 the running of cars upon Sunday, or should any cause or 
 
85 
 
 causes arise ])ey()n(l tlie jurisdiction of this Council which 
 may prevent tlie running of street cars on Sundays, then and 
 in any. or either of such events the said Company shall not 
 have any claim, and the said Company agrees that it will not 
 make any claim against tlie said Corporation for entering 
 into this agreement, or for the privilege thereby granted 
 being put an end to by such decision or cause. 
 
 17. In the event of a by-law being passed as herein pro- 
 vided, the parties hereto agree to apply to the next session of 
 the Legislature of the Province of Ontario to validate and 
 confirm this agreement, and to authorize the said Corporation 
 to impose a penalty as herein provided for, and to collect the 
 same by action if not paid by the said Company, and to pro- 
 vide that any penalty imposed by or under the provisions of 
 this agreement, shall not be relieved against by any court or 
 judge; also, to confer upon the County Court Judge, and 
 Court of Appeal respectively, jurisdiction to hear and deter- 
 mine the matters herein provided to be determined by them, 
 and each party will assist in obtaining such legislation. 
 
 61 Vict. c. 54 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Asse7ited to 17th January, 1898.'] 
 
 WHEREAS the Corporation of the City of Toronto has by Preamble, 
 its petition prayed for special legislation in respect to 
 the several matters herein set forth ; and whereas no opposition 
 has been offered thereto ; and whereas it is expedient to grant 
 tihe prayer of the said petition ; 
 
 Therefore Her Majesty, by and with the advice and consent 
 of the Legislative Assembly of the Province of Ontario, enacts 
 as follows : — 
 
 1. The said Corporation is hereby authorized, with the Amendnients 
 concurrence of the holders of the debentures issued under By- bvOawS'by 
 laws numbers 2398, 2721, 2'722, 2740, 2764, 3344, 3345, 3375, changing rate 
 3376, 3413, 3420, 3421, 3422, 3444, 3460, 3461, 3489, 3490 Sebmu^rfs?" 
 and 3510, to amend the said by-laws by authorizing, the issue 
 of debentures for sums bearing interest at the rate of three 
 per cent, to an amount which taking into account the future 
 payments of interest thereon will be equivalent to the amount 
 payable for principal and interest on those already issued 
 
86 
 
 under the said by-laws, or to repeal the said by-laws and re- 
 enact new ones for the issue of such equivalent amount. 
 
 ******* 
 
 ^-kwscon- ^ "^^^^ by-laws of the Corporation of the City of Toronto 
 firmed. Specified in schedule " A hereto, and all debentures issued 
 
 or to be issued thereunder, and all assessments made or to 
 be made for payment thereof, are hereby validated and con- 
 firmed. 
 
 Schedule " A " hereto sets forth the following By-laws, 
 namely, Nos. 3^60, SJ^61, 81^65 to 3Jfl8 inclusive, 3Jf89, 3Jf90, 
 3Jf91, 3J^96, to 3502 inclusive, 3510, 3513, 351Jf. 
 
 Preamble. 
 
 62 Vict. c. 85 fOnt.), as amended by 1 Edw. VII. c. 73, 
 
 s. 1. 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 1st April, 1899. '] 
 
 WHEEEAS the Municipal Corporation of the City of To- 
 ronto has, by petition, prayed for special legislation 
 in respect of the several matters herein set forth, and whereas 
 it is expedient to grant the prayer of the said petition; 
 
 Therefore, Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 •enacts as follows : — 
 
 Toauthunze J r^i^Q Corporation of the County of York mav include 
 
 County of ^ 
 
 York to pay in its estimates and pay to the Corporation of the City of 
 pavemenrorT^ Toronto, froui time to time, the amount payable by them 
 Adelaide St. under By-law number 3323 of the City of Toronto, for their 
 proportionate part of the pavement upon x\delaide Street, 
 between Yonge and Church Streets, in the said City of 
 Toronto, and shall be liable for their share of the said pave- 
 ment in the same manner, and to the same extent, as if the 
 City of Toronto had power to assess them at the time the 
 said By-law was passed, and the said County had power to 
 pay the amount thereby assessed, the County having agreed 
 to pay its fair proportion of the cost of such pavement be- 
 fore the same was constructed. 
 
 To authorize 2. The Council of the said Corporation may, without sub- 
 debentures to . . 
 
 be issued for mittiug the Same to the ratepayers qualified to vote on money 
 
 poses*^ '"'^ by-laws, pass such by-laws as may from time to time be neces- 
 
87 
 
 sary to authorize an issue of " City of Toronto Consolidated 
 Loan Debentures" to such amount not exceeding $358,059.40, 
 as may be necessary for the purpose of completing the Court 
 House and City Hall Building, and for the following pur- 
 poses : — 
 
 To complete the erection and fur- 
 nishing of the new City Build- 
 ing $220,000 00 
 
 To pay the proportion of the cost 
 of opening Kosedale Valley 
 Road, assumed by the City un- 
 der judicial decision 30,067 40 
 
 To pay for the construction of 
 water mains in various parts 
 of the City as follows : — 
 
 Queen Street, s.s. Soho Street to 
 Spadina Avenue, 12'-in. pipe, 
 800 feet $1,800 00 
 
 Queen Street, s.s. Bathurst Street 
 to Spadina Avenue, 6-in. pipe, 
 
 2,000 feet 2,160 00 
 
 Old iron mains renewed. 
 
 Queen Street, s.s. Yonge to Simcoe 
 Street, 12-in. for 8-in. old^ 
 2,120 feet 4,785 00 
 
 Queen Street, s.s. Simcoe to Soho 
 Streets, 12-in. for 8-in. old, 
 1,700 feet 3,825 00 
 
 O'Hara Avenue, Marion Street to 
 650 feet north, 6-in. for 4-in. 
 old, '650 feet 650 00 
 
 To extend Bathurst Street main 
 easterly to Bertram's ship- 
 building yard 1.011 00 
 
 Water mains (authorized last year) : — 
 
 Exhibition grounds $6,265 00 
 
 Esplanade Street 1,600 00 
 
 Bay Street, south end 1,157 00 
 
 12-in. main, west side River Don.. , 3,400 00 
 Pacific Avenue, Atlantic to Liberty. 
 
 6-in. main 627 00 
 
 Chamberlain Avenue, * Wellington 
 
 to Tecumseth, 6-in. main .... 777 00 
 Piper Street, east end of main to 
 
 250 feet east, 6-in. main 197 00 
 
 14,231 00 
 
88 
 
 Front Street, east end of main to 
 east end of city stables, 6-in. 
 main i}>237 00 
 
 King Street, Dufferin to Grand, 
 
 12'-in. main 3,^45 00 
 
 Si^ringhnrst Avenue, Dufferin to 
 
 Tyndall, 6-in main 346 00 
 
 Springhurst Avenue, Spencer to 
 
 Cowan, 6-in. main 143 00 
 
 Lansdowne Avenue, Union to Shir- 
 ley, 10-in. main 767 00 
 
 $18,761 00 
 
 For the erection of a new Techni- 
 cal School Building, or the 
 purchase of lands therefor, 
 and for furnishing and equip- 
 ping the same 75,000 00 
 
 $358,059 40 
 
 And for such purposes or any of them may issue any number 
 of debentures payable in this Province or elsewhere, in sums 
 of not less than one hundred dollars each, which may be 
 payal)le at any time within thirty years from the respective 
 dates thereof, with interest thereon in the meantime, at a 
 rate not exceeding four per cent, per annum, payable half 
 yearly; and for the purpose of redeeming the said deben- 
 tures and paying the interest thereon, the Council of the 
 Corporation of the City of Toronto may in any by-law or 
 by-laws to be passed authorizing any such loan or loans, 
 or any part thereof, and the issue of debentures therefor, 
 impose a special rate per annum upon all rateable real 
 and personal property in the said municipality over and 
 above and in addition to all other rates to be levied in 
 each year which shall be sufficient over and above the inter- 
 est payable on such debentures to form a sinking fund to 
 pay off the said debentures at maturity. . 1 Edw. VII. c. 73, 
 s- 1. 
 
 3. Tlie C^orporation of the Citv of Toronto may and shall. 
 No 3519 con- ' ' 
 
 firmed. * within three months after the coming into force of this 
 
 Act, pass a By-law amending By-law Number 3519 of the 
 said corporation passed upon the 29th day of December, 
 1897, as amended by By-law number 3560 passed 
 upon the 21st day of March, 1898, relating to the 
 ]|osedale Valley Koad, between Yonge Street and the 
 Eiver Don, so as to provide that the amount to 
 be paid as the ratepayers' share of the cost of the improve- 
 ment therein mentioned shall be $15,722 instead of the sum 
 
89 
 
 in the said By-law Number 3519 as aincndod Ijy By-law 
 Xiimber 3560 mentioned, and assessing the said sum of 
 $15,722 u))on the lands referred to in the said By-law, and 
 extending the time for payments under the said By-laM^s so 
 as to be over a period of twenty years from the 1st day of 
 January, 1899, instead of 1898 as provided therein; and 
 thereupon the assessments made, or to be juade thereunder, 
 are declared to be valid and effectual as from the date of the 
 passing of such By-law, notwithstanding the decision of the 
 Honourable John Douglas Armour, C.J., quashing the same 
 because By-law Number 2164 of the said corporation, 
 whereby the Eosedale Valley Road was opened and laid 
 out, was not completely registered although left with the 
 Registrar of the City of Toronto, and the fees for such 
 registration duly paid, and the Registrar of East Toronto 
 is now authorized to register the said by-law Number 2164, and 
 By-law Number 2509 amending the same in his books as of the 
 date when the said By-law Number 2164 was left with the for- 
 mer Registrar for the City of Toronto ; provided that nothing 
 in this section contained shall affect the question of costs in 
 the pending appeal in Re Henderson and the City of Toronto, 
 or affect the issues involved in the action of William Mor- 
 timer Clark V. Mary Calender Thomson, et ah, or any 
 other action or proceeding now pending. The Corpora- 
 tion of the City of Toronto may and shall assume the bal- 
 ance of the cost of the said improvement over and above 
 $15,722 as the City's share thereof. 
 
 4. Notwithstanding the fact that the local improvement Agreement 
 'system has been introduced into the City of Toronto, ^^^^j? ^- J- ^• 
 
 . . . ' confirmed. 
 
 whereby all works, including the paving of streets, is to be 
 done at the expense of the property benefited, the Corpor- 
 ation of the City of Toronto may enter into an agreement 
 with the Grand Trunk Railway Company of Canada to pro- 
 vide for the paving of Station Street at the joint expense 
 of the said Corporation and the said Company. 
 
 5. Section 2 of chapter 85 of the iVcts passed by this legis- 5(5 Vic, c. 85, 
 lature in the 56th year of Her Majesty's reign is amended ^ 
 
 by substituting figures " 230" for the figures "80" in the 
 eleventh line thereof, and by substituting the figures "330 " 
 for the figures "180" in the fourteenth line thereof; pro- 
 vided however that with the consent of the Lieutenant-Gov- 
 ernor in Council, instead of adding the additional land to Isolation 
 the east, as hereinbefore provided, the additional piece of 
 land south of the present hospital and extending to the jail 
 fence, and an additional piece the width of the present 
 hospital grounds from north to south, and fifty feet easterly 
 of the present hospital lands, may be used as additional 
 lands to the present isolation hospital. 
 
90 
 
 6. The by-laws of the Corporation of the City of Toronto 
 specified in Schedule " A hereto, and all debentures issued 
 or to be issued thereunder, and all assessments made or to be 
 made for payment thereof are hereby validated and confirmed. 
 
 Power to fix . 7. The Corporation of the City of Toronto may, by bv-law, 
 
 (TTomnk) assessment of the hotel to be erected by the^Toronto 
 
 Hotel Hotel Company for a period of ten years at the sum of 
 
 Company. ^^ggo^QOO per annum. 
 
 Schedule ''A" hereto sets forth the f&lloiving By-laws, 
 namely, Nos. 3530 to 3555 inclusive, 3558, 35B3 to 3579 in- 
 clusive, 3597, 3598, 3599, 3602, 3605, 
 
 By-lawB 
 validatt^d 
 
 62 Vict., c. 86 (Ont.) 
 
 An Act respecting the Toronto Chain Ferry. 
 
 [Assented to 1st April, 1899.] 
 
 Preamble. TTTHEEEAS the Corporation of the City of Toronto has 
 VV by its petition prayed for special legislation authoriz- 
 ing it to establish and operate a Chain Ferry between the 
 main land and the Island in the City of Toronto; and 
 whereas it is expedient to grant the prayer of the said peti- 
 tion; 
 
 Theiefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows : 
 
 1. The Corporation of the City of Toronto is authorized 
 to operate a Ferry between some point on the mainland at 
 or west of Brock Street and the Breakwater opposite the 
 Queen^s Wharf, by means of a chain attached to the said 
 Ferry and operating the same^ and may include in the estim- 
 ates of the said Corporation or raise by By-law or otherwise 
 a sum not exceeding $10,000 to establish the same. 
 
 Authority to 
 
 operate 
 
 ferry. 
 
 63 Vict. c. 101 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 30th April, 1900.] 
 
 Preamble. "ITTIIEEEAS the Municipal Corporation of the City of 
 VY Toronto has, by its Petition, prayed for special legisla- 
 tion in respect to the several matters herein set forth; and 
 
91 
 
 whereas it is expedient to <>raiit the prayer of the said 
 Petition. 
 
 Therefore Her Majesty hy and with the adviee and con- 
 sent of the Legislative Assemhly of the Province of Ontario, 
 enacts as follows: 
 
 1. A certain agreement made hetween the said Corpora- ^^^^^^^^^ 
 tion and Lever Brothers, Limited, which is printed as Bros., Ltd., 
 Schedule " A hereto, is hereby validated and confirmed, confirmed, 
 and the parties thereto are hereby empowered to do all acts 
 necessary to give effect to the same; provided, however, that 
 nothing contained in the said agreement or in this Act shall 
 in any way affect or diminish the right of the Corporation 
 to collect the moneys payable in respect of the Don Im- 
 provement authorized by any Act of this Legislature here- 
 tofore passed, except so far as any part of the land other- 
 wise assessable fo'r the Don Improvement is removed from 
 said assessment by the said agreement, and to the extent 
 of the assessment which would have been made upon such 
 lands, the City of Toronto as a whole shall be liable for 
 such assessment as would, but for the said agreement, have 
 been charged against the land removed by the said agreement 
 from such assessment, and provided that the confirmation of 
 the said agreement by this Act shall not be taken as in any 
 sense an expression of opinion by this Legislature upon or 
 regarding the merits on either side of the suggested applica- 
 tion to the Privy Council and other proper authority for an 
 order that the Grand Trunk Eailway Company's present 
 fixed bridge over the Eiver Don shall be replaced by a swing 
 or other moveable bridge, nor shall it prejudice any rights of 
 said Grand Trunk Eailway Company of Canada; and further 
 provided that the amount to be expended by the Corporation 
 on the several works to be constructed under the clauses of 
 the said Schedule A shall not exceed in the whole the 
 sum of $G0,000, and the annual expenditure contemplated 
 in said Schedule A " for the purpose of keeping the chan- 
 nel of the Don dredged, shall not exceed the sum of $1,500, 
 and the City shall not be liable in damages to any person 
 or persons for neglect to maintain or keep open the said chan- 
 nel, and the said sum of $60,000 may be raised by the issue of 
 forty-year debentures therefor, and the necessary by-laws 
 may from time to time be passed therefor without submit- 
 ting the same to a vote of the electors; and provided further 
 that the closure and conveyance of the highw^ay referred to 
 in clause 1 of Schedule " A is to be subject always to the 
 use by existing and future railways when and as desired by 
 the Corporation of the railway portion of the said way for 
 their lines (but not for yard or shunting purposes) without 
 compensation to the company therefor. 
 
92 
 
 Asseasment. 
 
 Agreement 
 with Toronto 
 Hotel Co. 
 confirmed. 
 
 2. During the period of ten years from the first day of 
 January, 1900, the assessment for the purposes of taxation 
 and local special rates for local improvements upon the prop- 
 erty of all persons and companies now engaged in' the manu- 
 facture and sale of soap in the City of Toronto (such proper- 
 ties being used for the said purposes, only), shall be made 
 pro rata with the assessments upon the property of the said 
 Lever Bros., Limited, and shall be so adjusted and fixed 
 from time to time by the Assessment Commissioner and 
 Assessors as to give to all such persons and companies equal 
 advantages and privileges in so far as the same may be 
 affected l)y such assessments for the purpose of carrying on 
 the manufacture and sale of soap with the said Lever Bros., 
 Limited, and their assignees; and the Council of the muni- 
 cipality shall pass all necessary by-laws for this purpose. 
 
 3. An agreement between the said Corporation and the 
 Toronto Hotel Company, which is printed as Schedule " B " 
 hereto, with any modification thereof which the said parties 
 thereto may agree u]3on, shall, when duly executed by the sev- 
 eral parties respectively, l)e valid and binding on the parties 
 thereto; and the said parties thereto are hereby empowered 
 to do all acts necessary to give effect to the same, and the 
 said Corporation shall, pursuant to the report of the City 
 Engineer and Assessment Commissioner respecting the same, 
 have power to open Victoria Street therein referred to as a 
 local improvement, and shall also have power to assess for 
 the cost of the said street opening, including the sum of 
 $80,000 therein mentioned, as may be determined by the 
 Court of Eevision, or, in case of appeal therefrom, by the 
 Countv Judsre. 
 
 By-laws 
 validated. 
 
 4. The by-laws of the Corporation of the City of Toronto 
 specified in Schedule " C hereto, and all debentures issued, 
 or to be issued thereunder, and all assessments made, or 
 to be made, for the payment thereof, are hereby validated 
 and confirmed. 
 
 Smallpox 
 hospital site. 
 
 5. N'otwithstanding. the provisions of Tlte Piihlic Healfh. 
 /Ir/, the lands described as all and singular that certain 
 parcel or tract of land and premises in the City of Toronto, 
 being composed of part of lot Number 15 in the first con- 
 cession from the Bay, Township of York, now within the 
 limits of the City of Toronto, and which may be more par- 
 ticularly described as follows, that is to say — commencing 
 on the production westerly of the northerly limit of that 
 part of said lot 15, lying east of Winchester Street, hereto- 
 fore granted by one Harry Scadding et al. to the City of 
 Toronto by deed dated the 'soth day of December, A.D. 1856, 
 at a point where the same is intersected by a line drawn 
 
93 
 
 parallel with the westerly limit oL' Winchester Street afore- 
 said, and distant 100 feet measured westerly therefrom 
 and at right angles thereto; thence southerly parallel with 
 the westerly limit of Winchester Street 50 feet; thence 
 westerly parallel with the north limit above mentioned 250 
 feet; thence northerly at right angles tliereto 200 feet; 
 thence easterly parallel with said north limit 280 feet more 
 or less to the above-mentioned line drawn parallel Avitli Win- 
 chester Street; thence southerly along that line to the place 
 of beginning, may be used by the City of Toronto as a site 
 for a smallpox hospital, and for that purpose the said land is 
 hereby removed from the dedication of By-law No. 2761 of 
 the said Corporation passed on the 8th day of December, 
 1890, of the lands thereby included in a public park. 
 
 6. The Municipal Council of the City of Toronto may 
 pass a by-law or by-laws for granting aid to persons who have 
 suffered from the late disastrous fire in the Cities of Ottawa 
 and Hull and vicinity, and may for that purpose issue deben- 
 tures and 'raise money thereon, and it shall not be necessary 
 to obtain the assent of the ratepayers of the said City to any 
 such by-law. 
 
 SCHEDULE A. 
 
 Agreement made this 29th day of June, one thousand 
 eight hundred and ninety-nine, between the Corporation of 
 the City of Toronto, hereinafter called the Corporation," 
 of the first part ; and Lever Brothers^ Limited, hel:-einafter 
 called the " Company," of the second part. 
 
 AYhereas the Company was incorporated under the Eng- 
 lish " Companies Ad,'' and carries on business as a manu- 
 facturer of soap, glycerine, dynamite and other articles, its 
 chief place of business being at PoTt Sunlight, England; 
 
 And whereas the Company having determined to establish 
 a branch of its business in Canada, the Corporation has re- 
 quested that such branch should be located in the City of 
 Toronto; 
 
 And whereas the Company has represented to the Cor- 
 poration that it has secured from the trustees of the estate 
 of the late John Smith, an option for the purchase of certain 
 land owned by said estate, comprising about twenty-three 
 acres, and being that parcel of land bounded on the west 
 by the highway known as the Don Improvenient Eoad; on 
 the south by Eastern Avenue; on the east by Broadview 
 Avenue, and on the north by a line drawn nearly parallel 
 with Queen Street at a distance of about one hundred and 
 
94 
 
 forty feet southerly from said street, and extending from 
 said Don Improvement road to Broadview Avenue; also a 
 triangular parcel of land lying to the south of the above 
 described land, and bounded on the north by Eastern 
 Avenue; on the west by said Don Improvement Eoad, and on 
 the south by the property of the Grand Trunk Kailway 
 Company, and that said Company is prepared to purchase 
 said land and to establish thereon a branch of its said 
 business upon the Corporation entering into the agreement 
 hereinafter contained : 
 
 And whereas negotiations in respect of the agreements 
 and arrangements embodied in this agreement were being 
 carried on prior to the date of the passing of The Municipal 
 Amendment Act, 1899, and were pending on said date; 
 
 Now this agreement witnesseth that if the Company be- 
 comes the purchaser of the lands above described, or some 
 substantial part thereof, the Corporation covenants and 
 agrees with the Company as follows : 
 
 1. So soon as the consent of the owners, mortgagees and 
 lessees of the Byres " property hereinafter mentioned to 
 such closure has been obtained, to close as a public highway 
 that part of the public esplanade or highway on the east 
 side of the Eiver Don, liaving a width of 125 feet extend- 
 ing from the south limit of Eastern Avenue to the property 
 of the Grand Trunk Railway Company, and to convey the 
 land so closed in fee to the Company, but such closure and 
 conveyance is to be subject always to the existing rights, 
 if any, of any railways entitled under any existing legisla- 
 tion or agreements with the Corporation to use any part of 
 said highway. 
 
 2. To replace the present piling, on the east bank of the 
 river Don in front of that portion of said land lying between 
 Eastern Avenue and the property of the Grand Trunk Rail- 
 way Company with substantial cribwork of timber and stone, 
 such cribwork to be raised to the height of the centre of 
 the roadway of Eastern x\venue where said roadway is inter- 
 sected by the present travelled road along the east side of 
 the Don river; and the land lying between said crib-work 
 and the present western limit of the said land of the Smith 
 Estate to be filled in and Taised to the same level. 
 
 3. To construct, grade, level and macadamize, to the width 
 of thirty feet, that part of said public esplanade^ or highway 
 on the east side of the Don river, reserved for a roadway, 
 as shown on Unwin, Browne & San key's plan of the Don 
 Improvement, and herein referred to as the Don Improve- 
 ment Road, from Queen Street to Eastern Avenue, so as 
 to make the same a good substantial road, and to construct 
 
95 
 
 a substantial wooden sidewalk six feet wide, along tire east 
 side of said road, between the same points. 
 
 4. To properly level, grade and macadamize, at the ex- 
 pense of the Corporation, and not as a local improvement, 
 to the width of tliirty feet the highway known as Eastern 
 Avenue, from the said Don Improvement Eoad to the point 
 of intersection of Eastern Avenue by the Grand Trunk Kail- 
 way, 80 as to make the same a good substantial road, and to 
 construct a substantial wooden sidewalk, six feet wide, along 
 the south side of Eastern Avenue between the same points, 
 but this clause and clause three sliall not apply to renewals 
 or reconstructions. 
 
 5. To extend the city water pipes and water (if not already 
 there) along Eastern Avenue to the eastern boundary of the 
 said land on Eastern Avenue, and to place on said Eastern 
 Avenue the necessary hydrants for fire and other purposes. 
 
 6. To provide on Eastern Avenue (if not already there) 
 the necessary sewer but not private drains for the proper 
 drainage of the Company's said premises. 
 
 7. So soon as permission to construct the private road 
 hereinafter mentioned has been secured from the owners of 
 the lands upon which it is to be situate (such permission to 
 be obtained without expense to the corporation), to lay out, 
 construct, grade, level and macadamize at the expense of 
 the corporation, a good substantial road, twenty feet wide, 
 contmencing at Eastern Avenue where the same intersects 
 the property of the Grand Trunk Eailway, and thence ex- 
 tending southerly across the property of said Eailway Com- 
 pany, and along or near the easterly boundary of the prop- 
 erty leased by the late John Smith to Gooderham Worts, 
 Limited, known as the " Byres,^' a distance of eight hundred 
 feet, more or less, to an existing private road; said new 
 road to be a private road for the said-" Byres property only. 
 
 8. The Co'iporation shall not be bound to do any of the 
 works herein provided for in paragraphs 1 to 7 inclusive dur- 
 ing the present year, nor until the Company shall have spent 
 at least the sum of fifty thousand dollars in the erection of 
 its buildings and works mentioned in paragraph 15 hereof, 
 but thereafter the Corporation shall forthwith proceed to 
 do the said works provided for in said paragraphs 1 to 7 in- 
 clusive, and so continue the said works simultaneously Avitli 
 the erection by the Company of its buildings and works 
 as provided in paragraph N'o. 15 hereof to completion, so 
 that the works by the Corporation and by the Company shall 
 be completed as near as may be at the same time. 
 
 9. To deepen to such depth as the Company may from 
 time to time find necessary for the purposes of its business 
 
96 
 
 during the season of navigation, not, however, exceeding 
 a deptli of fourteen feet, the Don river from Eastern Avenue 
 to its entrance into the bay, and thence to the channel in 
 the harbor leading to its eastern entrance from the lake, 
 and to maintain the same at such depth: Provided that in 
 no case shall the Corporation be obliged to do any deepen- 
 ing prior to the year 1901, nor in any case to provide a 
 greater depth in said river and bay than that of the said 
 channel: Provided, also, that the Corporation shall not be 
 obliged to do such deepening unless and until the Company 
 find the same to be necessary for the purposes aforesaid, and 
 then only as and when requested in that behalf: Provided, 
 nothing contained in this agreement shall operate to prevent 
 the City Council, tlie Dominion Parliament or Government, 
 or the Harbor Commissioners, or any or either of them, from 
 changing the present channel of the Don river south of 
 the Urand Trunk Eailway bridge, and its entrance into the 
 bay or lake, in any way they may think advisable, and closing 
 the present channel or part thereof south of the said bridge, 
 but in case of such change being mad^e, the Corporation 
 shall provide and maintain a like depth of water in the new 
 channel and entrance, and shall provide and maintain 
 access, with like depth of water, for the Company by means 
 of such new channel to and from its said property from and 
 to the said channel in the harbor leading to the eastern en- 
 trance of the lake or from and to the lake itself; and such 
 new channel and changed access shall be accepted by the 
 Company in lieu of that herein provided for. 
 
 10. All of the foregoing shall be done without expense 
 to the Company and no assessment shall be made against 
 the Company^s i)Toperty in respect thereof, or any part 
 thereof, by way of local improvement or otherwise, except 
 as in this clause is hereafter provided, and no assessment 
 shall hereafter be made against the said lands acquired by 
 the company in respect of any former expenditure by the 
 corporation on the works known as the "Don Improve- 
 ment:'' Provided, however, that nothing in this clause con- 
 tained shall diminish the liability of the company to pay 
 any general taxes payable by the ratepayers of the city as 
 a whole, or any special taxes in respect of property hereafter 
 acquired by the company not referred to in this agreement. 
 
 11. To join with the company in any application that may 
 be made to the Eailway Committee of the Privy Council, or 
 other proper authority in that behalf, to compel the Grand 
 Trunk Railway Company to replace the present fixed bridge 
 over the Don river by a swing or other movable bridge. 
 
 12. No dock or harbour charges under the control of the 
 Corporation shall be imposed or levied in respect of the 
 
97 
 
 wharf or docks in front of the coiii])any'\s prope'ity, or on 
 goods landed at^ or shipped froin^ sucli Avharf. 
 
 13. If the property of the Company sliould at any time 
 during the period of ten years from the fir^t day of Janu- 
 ary, 1900^ be assessed for the purposes of taxation at a 
 sum greater than sixty thousand dollars, then, during said 
 period of ten years, the property of the Company sliall, to 
 the extent of such excess, be exempt from taxatiou, except 
 as to school taxes, provided ahvnys that any building here- 
 after erected on the said property and used as residerices 
 by the Company^s employees or others, or rented to tenants, 
 fihall be subject to assessment in the usual way in addition 
 to the said $60,000. 
 
 14. Any by-laws necessary to give effect to this agreement, 
 and to carry out the same, shall be passed without delay; 
 and the Company and the Corporation will join in applying 
 to the proper authorities for legislation to validate and 
 confirm this agreement. 
 
 15. In consideration of the foregoing, the Company agrees 
 with the Corporation that upon securing a p'loper title free 
 from encumbrances to the said lands, or some substantial 
 portion thereof, it will forthwith proceed with the erection 
 of all buildings and works for the manufacture on said lands 
 of soap, glycerine, dynamite and other by-products thereof, 
 such buildings and works to cost not less than $100,000. 
 
 16. This agreement may be assigned by the Company to 
 any new company which may be formed for the purpose of 
 carrying on upon the said lands the business of manul'actur- 
 ing soap, glycerine, dynamite, etc., and of the name of such 
 new company the words Lever Brothers shall form a 
 part, and upon such assigiiinent being made, and notice 
 thereof given to the Corporation, such new company shall, 
 by virtue of such assignment, be and be deemed to be sub- 
 stituted for the Company, the party hereto, and shall be 
 and become entitled to all the rights and interests of the 
 Company, and be bound by all the agreements of the Com- 
 pany herein contained; and whenever the Company is men- 
 tioned or referred to in this agreement, such mention or 
 reference shall extend to and include such new company 
 and its successors and assigns. Provided, however, that the 
 partial exemption from taxation provided for in clause 13 
 hereof shall be limited to the Company, the party hereto of 
 the second part, and to the company to be formed as herein 
 provided for. 
 
 17. This agreement is subject to the provisions of By-law 
 No. 3741, passed by the Council of this Corporation upon 
 
 7 
 
98 
 
 the twenty-sixth day of June, 1899, and By-law No. 3743, 
 passed by the said Council upon the tenth day of July, 1899, 
 as though the same were repeated herein. 
 
 In witness whereof this agreemeni- has been duly execated 
 by the parties hereto. 
 
 SCHEDULE B. 
 
 This agreement made in duplicate this nineteenth day of 
 July, one thousand eight hundred and ninety-nine, be- 
 tween The Toronto Hotel Company, hereinafter called 
 the Company, of the first part, and The Corporation 
 of the City of Toronto, hereinafter called the Cor- 
 poration of the second part. 
 
 Whereas the said Company propose to become the owners 
 of the lands hereinafter referred to, together with other 
 property adjacent thereto; 
 
 And whereas it is desirable that the said lands be acquired 
 by the Corporation and opened to the public as a street 
 as authorized by the adoption of Eeport No. 15 of the Com- 
 mittee on Works by the Council of the said Corporation 
 on the tenth day of July, 1899, and the said parties have 
 agreed each with the other for the sale and purchase by the 
 Corporation of the said lands upon the terms and conditions 
 hereinafter set out; 
 
 Now this agreement witnesseth that the said parties hereto 
 covenant and agree each with the other as follows, that is 
 to say: 
 
 1. The said Company agrees, upon acquiring the said pro- 
 perties, to sell to the said Corporation in fee simple and 
 free of all encumbrances the following lands; All and sin- 
 gular that parcel of land and premises situate in the City 
 of Toronto in the County of Yo'ik, and being a strip of land 
 having a frontage on the south side of King Street east of 
 forty-four feet lying immediately to the eastward of the 
 premises known as street number 31 King Street East; and 
 extending southerly from King Street to Colborne Street 
 w^th a uniform width of forty-four feet, to be held by the 
 Corporation as a public street, and to so be used only at and 
 for the price or sum of eighty thousand dollars payable in 
 twenty annual instalments of four thousand dollars each, 
 with interest at the rate of three and three-eighths per cent, 
 per annum, payable half-yearly on the first days of October 
 and April in each year, the first of such instalments to be 
 paid on the certificate of the architect that five hundred 
 thousand dollars has been expended in the actual construe- 
 
99 
 
 tion of the hotel hereinafter referred to. The said Corpor- 
 ation to have the privilege of making, at any time, a cash 
 payment in settlement of said purchase money. The pay- 
 ments al)ovc s])ecified to be "secured by debentures of the 
 City of Toronto or City of Toronto local improvement de- 
 bentures to be handed over by the City to the Company upon 
 the legislation hereinafter provided for being obtained, and 
 when hve Iiuudred thousand dollars has been spent in the con- 
 struction of the said hotel; the said Company also agreeing 
 to remove the buildings now on the said property. 
 
 2. The said Corporation agrees to purchase the said lands 
 on the said terms, and to dedicate the said lands to highway 
 purposes, and thereafter to so hold the same; Provided al- 
 ways that the acquisition of the said lands and the dedica- 
 tion of the said street as a local improvement as contemplated 
 by the said report of the Committee on Works be not de- 
 feated by sufficiently signed petitions witliin the provisions 
 of TJie Mu?ilcipal Act," and other statutory provisions re- 
 lating to sucli undertakings, and providing firrther that legis- 
 lation be obtained, ratifying the said street opening, which 
 legislation the said cor])oration undertakes to apply for and 
 support, and the Company also agi'cc to support. 
 
 3. i-Vnd the said Com])any covenant and agree to build 
 upon the property immediately adjoining the said proposed 
 street, and lying to the east thereof, a modern hotel, con- 
 taining from three hundred and fifty to four hundred rooms, 
 and costing complete approximately the sum of one million 
 five hundred thousand dollars, of which land purchases shall 
 not exceed the sum of four hundred and fifty thousand dol- 
 lars. 
 
 4. The said Corporation agree that they will pass a By-law 
 f)roviding for the yearly assessment of the said Company 
 upon the said hotel at a total sum of three hundred and sixty 
 thousand dollars as authorized by the Act 62, Victoria (2), 
 Chapter 85, Section 7. 
 
 In wdtness whereof the parties hereto have duly executed 
 these presents. 
 
 Signed, sealed and delivered | 
 
 in the presence of ) 
 
 Scliedulc "C" liercto sets fortJi the following By-laivs, 
 namely, Nos. 3613, 3019, 3620, 3621, 3625 to 366Ji inclusive, 
 3(;66 to 37()Jf inclusive, 3711 to 3715 inclusive, 3717 to 3722 
 inclusive, 3723, 3724, 3726 to 3729 inclusive, 3731, 3732, 
 373J, to 371(8 inclusive, 3750, 3754- 
 
100 
 
 63 Vict. c. 102 (Ont.) 
 
 An Act respecting Certain Matters pertaining to 
 the City of Toronto. 
 
 [Assented to 30th April, 1900.] 
 
 Preamble . "\T7HEKEAS the Municipal Corporation of the City of 
 T T Toronto has, by its petition, prayed for special legis- 
 lation in respect of the several matters herein set forth; and 
 whereas it is expedient to grant the prayer of the said peti- 
 tion; 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 1. The Act passed by this Legislature in the fifty-fifth 
 year of the reign of Her Majesty, and chaptered 99, incor- 
 porating the Toronto Eailway Company, is amended by ad- 
 ing thereto the following section: — 
 
 EnforciuK ^8. In casc of neglect or failure either on the part of 
 
 efrXtween " ^^'^ Toronto l^ailway Company or on the part ol the Cor- 
 Toronto Hail- porution 0 L* the City of Toronto, to perform any of the cove- 
 .^ufthe'ciTy " iiitiits. agrorinents, obligations or provisions contained in 
 of Toronto. " the said Act, and in the said agreement and conditions 
 incor})0'iated therewith, and in case either the Corporation 
 " ol the City of Toronto or the Toronto Eailway Company 
 shall bring an action to compel the performance of or to 
 " restrain the violation of any of the said covenants, obliga- 
 " tions. agreemonts or ])rovisions, the Court before whom 
 " the action shall be tried shall inquire into any such alleged 
 "breach, and the nature and extent thereof, and shall make 
 " such order as may be necessary in the interests of justice 
 " to enforce a substantial compliance with the said Act, 
 " agreement and conditions, and may enforce the same by 
 "the order and injunction of the Court." 
 
 R(.yalGrena- 2. The Corporation of the City ol Toronto is hereby 
 diers' band authorized to pav the account of the Eoyal Grenadiers' band, 
 
 account ^ ■ n i t -i t ? i. 
 
 antiiorized. foT $87.50, for their services at a school children s concert 
 held in connection with Her Majesty's diamond jubilee in 
 the year , 1897. 
 
 J. E. Ellis <t 3. The said Corporniion is also authorized to pay the ac- 
 Co., Liniitwl, ^j^g jrjii^ Comi)anY, Limited, for $69.75, for 
 
 actcount for ^ ^, t-, 
 
 field KiasB a field-glass presented to The Mail & Empire war correspon- 
 authori/.td. ^^^^^ ^lq accompanied the first contingent to South 
 
 Africa in the year 1899. 
 
101 
 
 4. The Council of the said Corporation may, without sub- Debentu.eHfor 
 mitting tlie same to the ratepaye'is qualified to vote on money markVt build- 
 by-laws, pass such by-laws as may from time to time be neces- "".^ 
 sary to authorize an issue of " City of Toronto Consolidated .$50,000. 
 Tvoan Debentures/^ to such amount not exceeding $50,000, as 
 
 may be necessary for the purpose ol' completing the St. Law- 
 rence Market Building, and the works authorized by by-law 
 3621 of the Corporation of the City of Toronto, and for such 
 purpose may issue any number of debentures, payable in 
 this Province or elsewhere, in sums of not less than $100 
 each, which may be payable at any time within forty years 
 from the respective dates thereof, with interest thereon in 
 the meantime at a rate not exceeding four per cent, per 
 annum, payable half-yearly, and for the purposes of 'redeem- 
 ing the said debentures and paying the interest thereon 
 the Council of the said Corporation may in any by-law or 
 by-laws to be passed authorizing any such loan or loans, or 
 •any part tliereof, and the issue of debentures therefor, im- 
 pose a special rate per annum upon all ratable, real and 
 personal property in the said municipality, over and above 
 and in addition to all other rates to he levied in each year, 
 which sliall be sufficient over and above the interest payable 
 on such debentures to form a sinking fund to pay off the said 
 debentures at maturity. 
 
 5. Either the Municipal Corporation of the City of Tor- Specific per- 
 onto or the said The Toronto Eailway Company, in case contiicrwith 
 of neglect or failure on the part of the Toronto Railway ^'^^^'J?,*^^* 
 Company or on the part of the Corporation of the City of 
 Toronto, as the case may be, to observe and perform any of 
 
 the covenants, agreements, obligations and provisions con- 
 tained in the said Act and in the said agreement and condi- 
 tions incorporated therewith, may bring an action to compel 
 the performance of or to restrain the violation of any of the 
 said covenants, obligations, agreements or provisions, and 
 the Court before whom the action shall be tried shall, not- 
 withstanding any rule of law or practice to the contrary, 
 enquire iVito such alleged breach and determine the nature 
 and extent thereof, and in case it is found that the act or 
 omission complained of constitutes a breach of the said 
 covenant, obligations, agreements or provisions, the Court 
 shall make an order specifying what things shall be done 
 or forborne by the defendants as a substantial compliance 
 with the said Act. agreements and conditions, and every such 
 order shall be enforceable in the same manner and to the 
 same extent as an injunction or mandamus granted bv the 
 Court. 
 
102 
 
 1 Edw. VII. c. 73 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 15th April, 1901.] 
 
 HEEEAS the Municipal Corporation of the City of 
 
 T f Toronto has by its petition piiayed for special legisla- 
 tion in respect of the several matters hereinafter set forth; 
 and whereas none of the by-laws mentioned in Schedule " A " 
 have been moved against nor any proceedings taken to 
 qnash or set aside the same, nor have any objections been 
 made to any of the said by-laws saving and excepting as to 
 so much of by-law 3779 as relates to the assessment of a 
 certain wooden sidewalk on College Street hereinafter 're- 
 ferred to; and whereas saving as to such by-law no opposi- 
 tion has been offered to the confirmation of the said l)y-laws; 
 and whereas with reference to the other matters referred to 
 in the said petition and hereinafter dealt with no opposition 
 has been offered; and whereas it is expedient to grant the 
 prayer of the said petition, subject to the provisions herein- 
 after contained; 
 
 Therefore His Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows. 
 
 2. All grants of money heretofore or which may hereafter 
 be voted by the City Council and used in receiving and enter- 
 taining the members of the Canadian Forces who had been 
 sent to South Africa for service during the South African 
 War on their return therefrom, including decorations at the 
 time of sucli reception, are hereby made and declared legal 
 and valid. 
 
 * 3. The by-laws of the Corporation of the City of -Toronto 
 specified in Schedule "A" hereto, and all debentures issued or 
 to be issued thereunder, and all assessments made or to be 
 made for the payment thereof, are hereby validated and con- 
 firmed, except so much of by-law 3779 as relates to the as- 
 sessment of a wooden sidewalk on College Street from Huron 
 Street to the road leading to the Observatory, and numbered 
 52 in the schedule to the said by-law. 
 
 Schedule ''A" hereto sets forth the followincj By-laws, 
 namely, Nos. 3779 to 382J,. inclusive, 3827 to 38U inclusive, 
 SS-hG to 3885 inrliisire, 3892 to 3909 inclusive. 3911^ 3913, 
 391. k and 3915. 
 
 * 
 
 * 
 
103 
 
 2 Edw. VII. c. 65 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [Assenkd to 17 Ih March, W02:\ 
 
 WHEIIEAS the Municipal Corporation of the City of Preamble. 
 Toronto has hy its petition prayed for special le.i^is- 
 lation in respect of the several matters hereinafter set forth; 
 and whereas none of the by- haws in Schedule B hereto have 
 been moved against, nor any proceedings iMkcii to '|uasJi (t 
 set aside tlie same, nor have any objections been jnade to 
 any of the said by-laws saving and excepting as to so much of 
 By-law Xo. 1022 as is hereinafter referred to; and whereas 
 no opposition has been offered to the conlirmation of ihe 
 said by-laws save as aforesaid; and whereas it is expedient 
 to grant the prayer of the said petition; 
 
 Therefore His Majesty, by and with tlie advice and consent 
 of the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 * * * :!= 
 
 3. Tlie agreement between the City of Toronto and the Agreement 
 Corporation of the County of York, Avhich is printed as ^^f/^^;'^^^^^^^^ 
 Schedule " A hereto, shall, when duly executed by the York vali- 
 parties thereto, be valid and binding on the parties thereto ; ' ^ ' 
 
 and the said parties thereto are hereby empowered to do all 
 acts necessary to give effect to the same. 
 
 4. The Council of the said Corporation may, without suli- ^ 
 mitting the same to the ratepayers qualified to vote oii be issued for 
 money by-laws, pass such b3'-laws as from time to time may 
 
 be necessary to authorize the issue of "City of Toronto (V)n- piirposes. 
 solidated Loan Debentures'^ to such amount not exceeding 
 $68,815 as may be necessary for the following purposes: — 
 
 To lay water mains upon the following streets and places: 
 
 Colborne Street, 12-in. main $ 2,210 
 
 Queen Street, Bathurst to Niagara, 12-in. main . . . 2,900 
 
 Don bridge, 16-in. steel pipe 2,505 
 
 " " Eastern Avenue, 12-in. steel pipe.... 1,172 
 
 King Street, Simcoe to Spadina, 12-in. main .... 5,043 
 
 Gerrard Street, 12-in. main 3.575 
 
 Don (Esplanade),, 6-in. main 1,200 
 
 Spadina Avenue, fi-in. main 150 
 
 $18,815 
 
 To improving the Cattle Market 50,000 
 
 .815 
 
104 
 
 and for such purposes, or an}^ of them, may issue any number 
 of debentures payable in this Province or elsewhere in sums 
 of not less than $100 each, which may be p;ayable at any 
 time within twenty-eight years from the respective dates 
 thereof, with interest thereon in the meantime at a rate 
 not exceeding four per cent, per annum, payable half yearly, 
 and for the purpose of redeeming such debentures and pay- 
 ing the interest thereunder, the Council of the Corporation 
 of the City of Toronto may in any by-law or by-laws to be 
 passed authorizing any such loan or loans, or any part there- 
 of, and the issue of debentures therefor imposed at such 
 rate per annum upon all ratable, personal and real property 
 in the said municipality over and above and in addition to all 
 other rates to be levied in each year which shall be sufficient 
 over and above the interest payable on such debentures to 
 form a sinking fund to pay off the said debentures at 
 maturity. 
 
 f/lidated ^ "^^^ by-laws of the Corporation of the City of Toronto, 
 
 specified in Schedule " B," hereto, and all debentures 
 issued or to be issued thereunder, and all assessments made 
 or to be made for the payment thereof, are hereby validated 
 and confirmed, except so much of By-law No. 4022 as im- 
 poses an assessment upon lots 26 and 27, plan 101 " E,^' on 
 the south side of Bloor Street, having a frontage of 102 
 feet on Bloor Street, assessed to W. Hamilton Merritt, but 
 now the property of the Trustees of the University of Tor- 
 onto, which assessment shall not be collectable unless and 
 until the said lots have been sold or leased by the said 
 Trustees, and then shall be collectable for such time as ' 
 shall follow such sale or lease, w4iich assessment shall attach 
 upon the land or the lessees^ interest therein 'respectively, 
 according to whether the said land shall have been sold or 
 leased. 
 
 SCHEDULE A. 
 
 This Indenture, made the 11th day of Februar}^, in the year 
 of our Lord, one thousand nine hundred and two. Be- 
 tween the Corporation of the City of Toronto, hereinafter 
 called the City, of the first part, and the Corporation of 
 the County of York, hereinafter called the County, of 
 the second part. 
 
 Whereas an agreement was entered into between the par- 
 ties hereto on the 26th day of June, 1884, 'respecting the 
 matters therein set out; 
 
 And whereas it has been agreed between the parties hereto 
 Hint the County shall pay the sum of $84,000 in lieu of the 
 
105 
 
 sum to be paid "annually in respect of the use of the said 
 Court House for County purposes," as provided in the said 
 agreement, and that the County shall have an insurable 
 interest to tliat extent; 
 
 And whereas it has been further agreed that the said 
 Court House and offices shall bo considered to have been 
 made " ready for use and occupation by the said Courts and 
 the otiiccrs connected therewith," on and from the 1st day of 
 April, 1901; 
 
 And whereas it has been furtlier agreed that the "just 
 share and proportion of all charges and expenses from time 
 to time as the same may be incurred " of the cost of mainten- 
 ance and repairs of the portion of the building nnd siio used 
 for the purposes of the administration of justice to be borne 
 and paid by the County of York shall be 22 per cent, of the 
 whole amount of such charges and expenses, the balance 
 thereof, 78 per cent., to be bo'ine by the City, and that the 
 other payments, outlays, costs, charges and expenses pro- 
 vided for in the said agreement shall be paid by the County 
 and the City in the same proportions. 
 
 And whereas it has been further agreed that the date at 
 which that portion of the agreement relating to fees and 
 other moneys now payable by the County under the pro- 
 visions of The Jurors' Act and amendments thereto, and un- 
 der the Acts relating to the payment of Criminal Justice 
 accounts, and all other fees and moneys now payable or to be 
 advanced out of County funds for, or in connection with 
 the administration of Justice shall take effect, shall be the 
 1st day of January, 1902, instead of the date of the com- 
 pletion of the said Court House, as provided in the said 
 agreement ; 
 
 Now therefore this agreement witnesseth: 
 
 1. That as and of the first day of April, 1901, the County 
 shall pay to the City the sum of $84,000 in lieu of the sum 
 to be paid annually in respect of the use of the said Court 
 House for County purposes in the said hereinbefore in part 
 recited agreement provided (but not including the repair 
 and maintenance thereof), such sum to bear interest at the 
 rate of four per cent, per annum from the said 1st day of 
 April, and to be paid by the County to the City on the 1st 
 day of March, 1902; and if the sum be not paid upon the 
 said last mentioned date, interest shall be paid by the County 
 to the City at the said rate on any amount remaining un- 
 paid, until the amount shall be fully paid and satisfied; 
 and the City hereby agrees to accept the said sum when paid 
 in full satisfaction of the said sum to be paid annually. 
 
 2. The County shall have an insurable interest in the por- 
 tion of the building used for the purposes of the administra- 
 
106 
 
 tion of justice and in the furniture to be used therein to 
 the extent to which the amount paid by the said County for 
 the use of the said building and on account of the purchase 
 of the original furniture therefor will render the same insur- 
 able. 
 
 3. The said Court House and Olhces shall be considered to 
 have been made ready for use and occupation by the said 
 Courts and the officers connected therewith of and from the 
 1st day of April, 1901^ for the purposes of the said herein- 
 before in part recited agreement^ save and except as herein 
 otherwise provided. 
 
 4. The County shall bear and pay to the City on the 1st 
 day of February in each year as its just share and propor- 
 tion of all charges and expenses from time to time as the 
 same may be incurred as provided in the said agreement, 
 the share of twenty-two per cent, of the whole amount of 
 such charges and expenses, previously incurred^ and the 
 balance thereof, namely seventy-eight per cent., shall be 
 borne by the City, provided, however, that such charges and 
 expenses shall not include anything paid by the City for 
 insurance on buildings and furniture, and the said County 
 shall have no claim on any insurance effected by the City 
 and the premiums for which have been paid' by the City. 
 
 5. And the County will further pay to the City from time 
 to tune at the said rate of twenty -two per cent., its share of 
 the cost of repairing and maintaining that portion of the 
 City Hall and the site thereof used for the purposes of the 
 administration of justice and foT offices in connection there- 
 with on the first day of February next after the said cost 
 shall be from time to time incurred. 
 
 6. The vouchers showing the sums expended by the City 
 of Toronto in the care, maintenance and repairs of the 
 portion of the City Hall used for the purposes of the ad- 
 ministration of justice, and also showing the other payments, 
 outlays, costs, charges and expenses provided for in the said 
 agreement of the 26th June, 1884, towards which the County 
 of York are required to pay or contribute, are to be open to 
 such member of the County Council or such Auditor as the 
 County Council of the County of York may appoint, at all 
 reasonable times, upon apphcation to the City Treasurer 
 therefor. 
 
 7. If the County Council is dissatisfied with, or objects to, 
 any payments made by the City and charged to the County, 
 on the ground that the same are for any reason improper, 
 the question of Avhether the payment is improper shall be 
 referred to the County Judge of the County of York, whose 
 decision in regard to any such payments shall be final. Such 
 County Court Judge shall be entitled to be paid on such 
 
107 
 
 reference tlu> IVh's i)ayal)le to an Arhilralor iiiidei' llic Muni- 
 cipal Arbitrations Act, and shall be paid by such party, and 
 in such proportion as the said Judge may determine. 
 
 8. The date at which that ])()rti()ii of the agreement r(!- 
 lating- to the fees and other moneys heretofore payable by 
 the County under the provisions of Tlte Jurors' Act and the 
 Acts relating to the payment of Criminal Justice accounts 
 and all other fees and moneys now payable ot to be advanced 
 out of County funds for or in connection with the adminis- 
 tration of justice, shall take effect, shall be on and from the 
 1st day of January, 1902', instead of the date of the com- 
 pletion of the said Court House as provided in the said 
 agreement. 
 
 9. Except in so far as herein specially otherwise ])r()vided, 
 the said agreement, including the clause for reconsideration 
 of the sum payable by the County to the City on the order 
 of the Lieutenant-Governor in Council as therein provided, 
 is to remain in full force and effect. 
 
 In witness whereof the parties hereto have hereunto set 
 their Corporate Seals and the hands of their proper officers. 
 
 Signed, sealed and delivered in the presence of 
 
 0. A. HOWLAND, 
 
 Mavor. 
 
 [L.S.] 
 
 E. T. COADY, 
 
 Treasurer. 
 
 Robert Norman, 
 Wa'rden. 
 
 [L.S.] 
 
 John A. Eamsden, 
 Clerk. 
 
 Schedule "B" Jiereto sets forth, the following By-laws, 
 namely, Nos. SOJ^G to Jf.01G iiiclii.nve, J,0:21 lo .k05o inclusive. 
 J^0d7 to JfOOO inclusive, J^OVS, JfllO and J^lll. 
 
 3 Edw. VII. c. 86 (Ont.), as amended by 6 Edw. VII. c. 99, 
 ss. 8 and 11. 
 
 An Act respecting the City of Toronto. 
 
 • [Assented to 12th June, 1903.'] 
 
 WHEREAS the Municipal Corporation of the City of To- Preamble, 
 ronto has, by petition, prayed for special legislation in 
 respect of the several matters hereinafter set forth: and 
 
108 
 
 whereas no objections have been made to any of the by-laws 
 set out or referred to in Schedule D hereto; and whereas no 
 opposition has been offered to the confirmation of the said 
 by-laws; and whereas it is expedient to grant the prayer of 
 the said petition; 
 
 Therefore, His Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 Firemen's 
 Relief Fund 
 legalized . 
 
 City to pay 
 $25,000 
 towards it. 
 
 Trustees may 
 loan money 
 to city . 
 
 1. (1) The Trust Deed set out in Schedule K'' to this 
 Act relating to the Firemen's Permanent Relief Fund is 
 hereby declared to be legal and valid for the purpose of es- 
 tablishing the said fund, and to authorize the persons therein 
 named, and their successors in office from time to time, to 
 form a Trustee Board for the purpose of receiving and dis- 
 tributing relief for and on behalf of firemen belonging to the 
 Toronto Fire Brigade in accordance with the provisions of 
 the said Trust Deed; and the said trustees are hereby de- 
 clared to be a body corporate to manage, invest and deal with 
 all such moneys as may be received by them, and to distribute 
 the same to the parties entitled thereto as provided in the 
 said Trust Deed. 
 
 (2) The Corporation of the City of Toronto is hereby 
 authorized to pay to the said trustees the sum of $25,000 to 
 form part of the said Relief Fund, the same to be paid out 
 of the estimates and taxes for the 3^ear 1904, or partly in 
 that year and partly in each of the years from 1905 to 1908 
 inclusive, as the said Corporation may deem proper, the said 
 Corporation in the meantime to pay interest at the rate of 
 four per cent, per annum upon the said sum of $25,000 from 
 the date of the said Trust Deed until the money is paid over 
 to the said trustees. The trustees are to be at liberty to loan 
 the said $25,000 and any other moneys which may be in their 
 hands to the said Corporation at such rate of interest as may 
 be agreed upon by the Corporation and the said trustees. In 
 the event of such loan being effected then the said Corporation 
 is to pay the interest thereon half-yearly to the said trustees 
 at the rate so agreed upon. 
 
 By-law No. 
 4186 and fuel 
 supply. 
 
 2. The Corporation having borrowed by means of By-law 
 jSTumber 4186, set out as Schedule B hereto, entitled, "A 
 by-law to authorize the City Treasurer to borrow such sum 
 or sums of money as may be necessary, not exceeding $50,000 
 in all, for the purpose of purchasing and supplying fuel to 
 charitable institutions and citizens in limited quantities," 
 certain sums of money for tlie purpose of purchasing and 
 supplying fuel to charitable institutions and citizens in 
 limited quantities, and having paid out certain sums of money 
 
109 
 
 in contracts and otherwise for the purchase of fuel, all sums 
 of money so borrowed and all sums so paid are hereby de- 
 clared to have been and to be legal and valid and to that 
 extent within the powers of the said Corporation. 
 
 3. The agreements entered into between the Trustees of ^j^^^^^^j*"}^-^ 
 the University of Toronto and the Corporation of the City and Uni Vf;r- 
 of Toronto and set out in Schedule " C to tliis A(;t respect- «'ty validat<.d. 
 ing the assessment of certain local improvements upon Dun- 
 can Street, are hereby declared to be valid and within the 
 
 powers of the parties thereto. 
 
 4. The Council of the said Corporation is hereby author- Authority to 
 ized by by-law to set apart any of the lands purchased by the pu^rdiaS-d'for'' 
 Citv at tax sales to be used by the said City for park, play- v>^^y- 
 
 ^ • T n grounds, etc. 
 
 ground or other municipal purposes, and the said City shall 
 not be required to sell the said lands within seven years from 
 the time they were acquired by the City ; but, upon the pass- 
 ing of such by-law or by-laws by the Council, the obligation 
 to sell the same shall be at once removed. 
 
 5. The said Corporation is hereby authorized to issue de- Tark.s and 
 bentures from time to time within five years from the pass- P^^y^^^""*^^- 
 ing of this Act for such sum or sums as the Council may 
 
 deem necessary, but not exceeding in any one year one mill 
 on the dollar on the assessed value of all the real and personal 
 property in the cities in such year, according to the last re- ij)^i,eutures 
 vised assessment roll, for the purpose of purchasing parks therefor, 
 and playgrounds in or within one mile of the limits of the 
 City, and for making permanent improvements thereon, with- 
 out submitting the by-law or by-laws for the same to the 
 ratepayers entitled to vote on money by-laws; and if deben- 
 tures to the amount of one mill on the dollar on such assessed 
 value are not issued, or the proceeds thereof in any one or 
 more years not expended, then the amount not issued or the 
 sum not expended, in any such year or years, not exceeding 
 the sum of $500,000, may be issued or expended in any 
 subsequent year. The debentures to be issued under the 
 said by-laws shall be payable within such period as may be 
 thought right by the Council, but not exceeding forty years 
 from the date of the issue thereof, and the interest and sink- 
 ing fund therefor shall be raised annually during the period 
 provided in the said by-law or by-laws, and the interest shall 
 be payable to the holders of such debentures half-yearly as 
 the same falls due, but the debentures shall be payable at the 
 end of the period or periods fixed by the said by-law. 
 
 6. The said Corporation, in obtaining lands for parks and Lands pur- 
 playgrounds, may agree to pay for the same in annual sums ptrE^eti'', 
 
110 
 
 may be pui' 
 chased on 
 time. 
 
 either for a limited number of years, or during the lifetime 
 of the owner, or otherwise as may be deemed prudent by the 
 Council of the said Corporation, and as may be agreed upon 
 with the person from whom the said lands may be purchased; 
 or the said Corporation may obtain any such lands by lease 
 or otherwise for any number of years on an agreement or 
 option to pay and with power to pay the purchase money at 
 any subsequent period. 
 
 Expend 
 money on 
 re-union of 
 former 
 residents. 
 
 7. The Council of the said Corporation may expend such 
 sum, not exceeding $5,000, as may be deemed prudent during 
 the year 1903, in holding a festival or re-uuion for the for- 
 mer residents of the city and ma}^ include the same in the 
 estimates for the year 1904. 
 
 Tax sales 
 validated. 
 
 Proviso as 
 further tim 
 to redeem. 
 
 8. All sales of lands within the said city, up to and in- 
 cluding the one held in the year 1902, and purporting to be 
 made for arrears of taxes in respect of the lands so sold are 
 hereby validated and confirmed, notwithstanding any irregu- 
 larity in the assessment or other proceedings for imposition 
 of any taxes so in arrear, or any failure to comply with the re- 
 ([uirements nf Tlie Consolidated Assessment Act, 1S9.^, or of 
 The Assessment Act in regard to the manner in which any 
 assessment roll or collectors' roll of the said City has been pre- 
 pared, or in regard to the certifying or signing of the same, 
 01 the making of any affidavit or oath required in connection 
 therewith, or in regard to tlie time for the return of any 
 collectors' roll of the said City, or in regard to the furnish- 
 ing, authenticating, or depositing of any list of lands in ar- 
 rear for taxes within the said City, or in regard to the mail- 
 ing of notice to any person in respect to whose land any 
 taxes appeared at any time to be in arrear, or in regard to any 
 omission to levy the amount of any such taxes in arrear by 
 distress and sale of goods, and notwithstanding any other 
 failure or omission by the said City, or the Council, or any 
 official of said City to comply with any requirements of 
 the said Acts, and notwithstanding anything to the contrary 
 in either of the said x\cts contained. Provided, however, 
 that any land so sold for taxes which is still held by the Cor- 
 poration may l)e redeemed by the owner thereof or any mort- 
 gagee thereon within three months from the passing of this 
 Act, by such owner or mortgagee paying to the Corporation 
 the full amount which woiilcl have been necessary to redeem 
 the same, within one year from the day of sale as provided 
 in The Assessment Act, including interest, the costs and 
 charges of the sale, and also all taxes which have accrued 
 subsequent to the sale, and a sum for any 3^ear or years in 
 which the same may not have been rated for taxes equal 
 to what would have been the taxes thereon at the current 
 
Ill 
 
 rate for sucli year or years if the land liad been assessed to a 
 private person, and also interest upon the several sums to the 
 time of such redemption ; and provided further that nothing 
 in this section contained shall affect any rights which are 
 the subject of litigation at the time of the passing of this 
 Act. 6 Edw. VII, c. 99, s. 8. 
 
 9. The by-laws of the Corporation of the VAty of Toronto J^^^jJ^^^^^^ 
 specified in Schedule D hereto and all debentures issued or by-laws, 
 tc be issued thereunder^ and all assessments made or to be 
 
 ina(h' for tlie })ayment thereof, are liei-eby validated and con- 
 firmed except so much of by-law No. 4138 as imposes an 
 assessment upon lots ,?'() and 27, ])hin 101 ''E/' on the south 
 side of Bloor Street, having a frontage of 102 feet on I)loor 
 Street, assessed to W. Hamilton Merritt, but now the pro- 
 perty of the trustees of the University of Toronto, which 
 assessment shall not l)e colleetal)le unless and until the said 
 lots have been sold or leased by the said trustees, and then 
 shall be collectable for such time as sliall follow such sale or 
 lease, which assessment shall attach upon the land or the 
 lessees' intei'est therein respectively, according to whether 
 the said hind shall have been sold or leased. 
 
 10. (1) The Corporation of the City of Toronto may, upon City ^empow- 
 a thi'ee-fourths vote of tlie City (\^uncil, purchase fr om the chase Garrison 
 Doininion Government the lands known as the Garrison CommonK. 
 Commons in the City of Toronto, upon such terms as may be 
 
 agreed u])o]i between the (^ouiu-il of tlie said Coi'poration and 
 the said Government, and may pay the price agreed to be 
 paid therefor. 
 
 (2) Or the said Corporation may purchase any land in any 
 of the municipalities in the County of York to be used for 
 military purposes, and may erect suitable buildings thereon 
 for such purposes, if the said Government wish them so to do, 
 and shall have full powers to expropriate such land in any of 
 the said municipalities for the said purposes, making due 
 compensation therefor according to the pro^■isions of The 
 Municipal Act i)roviding for compensation for lands taken or 
 injured, and, with the consent of the council of the local 
 municipality wherein such land may be situate, may close up 
 streets, lanes or other public places which it may be found 
 necessary to include in the land required for such military 
 purposes. > 
 
 (3) The said Corporation may exchange the lands so 
 acquired as aforesaid with the Dominion Government for 
 the Garrison Commons property, upon such terms as may be 
 agreed upon between the Council thereof and the said Gov- 
 ernment, and may pay to or receive fi'om the said Govern- 
 
112 
 
 ment the difference between the respective values of the lands 
 so exchanged as may be agreed upon between the said Coun- 
 cil and the said Government. 
 
 (4) For any of the purposes aforesaid the Council of the 
 said Corporation may, without submitting the same to the 
 ratepayers qualified to vote on money by-laws, pass such by- 
 laws as may be rtecessary therefor, and may issue any num- 
 ber of debentures payable in this Province or elsewhere in 
 sums of not less than $100 each, which may be requisite and 
 necessary therefor, which debentures shall be payable within 
 40 years from the respective dates thereof, with interest there- 
 on in the meantime at a rate not exceeding 4 per cent, per 
 annum, payable half yearly ; and for the purpose of redeem- 
 ing such debentures and paying the interest thereon, the 
 Council of the said Corporation may, in any by-law or by- 
 laws to be passed authorizing any such loan or loans, or any 
 part thereof, and the issue of debentures therefor, impose a 
 rate per annum upon all ratable real and personal property 
 in the said municipality over and above, and in addition to 
 all other rates to be levied in each year, which shall be suffi- 
 cient over and above the interest payable on such debentures 
 to form a sinking fund to pay off the said debentures at 
 maturity. 
 
 (5) The powers conferred by this section shall be in addi- 
 tion to the powers conferred by sections 5 and 6 of this Act. 
 
 (6) Any lands acquired within the City of Toronto by 
 the Corporation of the City of Toronto under the powers 
 by this section conferred shall be used for park or industrial 
 exhibition purposes only. 
 
 SCHEDULE A. 
 Know all men by these presents — 
 
 Whereas certain persons, firms and corporations residing 
 or doing business in the City of Toronto, hereinafter called 
 the contributors, have deemed it expedient that a permanent 
 fund should be created for the benefit of widows, orphans, 
 relatives and others dependent for their support upon mem- 
 bers of the Toronto Fire Department, who have died or may 
 hereafter die by accident or from the result of accident while 
 engaged in the actual performance of their duties; 
 
 And whereas the contributors have already subscribed a 
 sum of twenty-eight thousand dollars and upwards for the 
 purposes of such fund, and the Corporation of the City of 
 Toronto has agreed to pay a sum of twenty -five thousand 
 dollars to the trustees of the fund : 
 
113 
 
 And whereas it is expedient that trustees for the fund 
 should be appointed and their duties and responsibilities de- 
 fined, and the trusts in respect thereof specifically declared ; 
 
 And whereas certain of the contributors representing^ all 
 the contributors and the Council of the Corporation of the 
 City of Toronto have requested the parties hereinafter named 
 to act (lurin<i: the tenure of their present official positions as 
 trustees of the fund upon the terms and conditions herein- 
 after declared which the said parties have agreed to do, as 
 evidenced by their respective signatures hereto; 
 
 And whereas it is intended that upon any trustee ceasing 
 to hold the official position now held by him, his successor in 
 such office shall thereupon become a trustee hereunder; 
 
 Now therefore we, Oliver Aiken Howl and, ^Mayor of the 
 City of Toronto, Alfred Ernest Ames, President of the Board 
 of Trade of Toronto, Henry Dixon Phillips Armstrong, 
 President of the Board of Fire Underwriters of the City of 
 Toronto, and John Thompson, Chief of the Toronto Fire 
 Department, do hereby publicly acknowledge and declare : 
 
 1. That we will jointly act, without remuneration, as 
 trustees for the purposes hereinafter declared of the said fund 
 and of any further moneys which may hereafter be received 
 by ,us for the purposes hereof; 
 
 2. That we will from time to time invest, re-invest and 
 keep invested the said fund in securities authorized by The 
 Trustee Investment Act, as from time to time in force, 
 other than securities which are a first charge on land held in 
 fee simple, or will from time to time loan the fund or a por- 
 tion thereof to the Corporation of the City of Toronto, or 
 will leave the same or portions thereof on deposit in chartered 
 banks of the Dominion of Canada, or will transfer for invest- 
 ment the fund or such portion or portions thereof as the 
 trustees may from time to time deem proper, to any author- 
 ized trust company or trust companies, provided such trust 
 company or trust' companies invest, re-invest and keep in- 
 vested the same in securities authorized by The Trustee In- 
 vestment Act, including and not excluding securities which 
 are a first charge on land held in fee simple; and provided 
 further that such trust company or trust companies shall 
 invest such fund or such portion thereof as may be trans- 
 ferred to them, in such manner that the securities, documents 
 and properties representing the same shall be earmarked with 
 this trust, and shall guarantee to the trustees hereunder the 
 due payment of the principal and interest in respect thereof. 
 
 3. That we, or a majority of us, will from time to time 
 apply the income to be derived from the fund, or such portion 
 
 8 
 
114 
 
 of the income as we^ or a majority of us, in our absolute dis- 
 cretion, may deem expedient for the purpose of giving finan- 
 cial assistance to or for relieving from distress or want, or 
 otherwise applying same for the benefit of such of the Avidows, 
 children, relatives and others dependent for their support 
 upon members of the Toronto Fire Department, wlio have 
 died, or may hereafter die, from the result of injuries re- 
 ceived while engaged in the actual performance of their 
 duties as we, the trustees, or a majoi'ity of us, from time to 
 time, may, in our absolute discretion, deem proper; and will 
 likewise pay out of such income an}^ expenses properly in- 
 curred in the administration or carrying out of tlie trusts 
 hereof. 
 
 ■ 4. When we, or any of us, cease to hold the respective offi- 
 cial positions hereinbefore mentioned, we and each of us shall 
 thereupon cease to be and act as trustees hereunder, and 
 shall and will execute such deed or document as may be neces- 
 sar}'' to vest any moneys received by us under this trust, or 
 an}^ securities or investments received or held by us as trus- 
 tees as aforesaid in our successors in office as completely as 
 if our said successors in office had been named or been parties 
 to this declaration of trust, and our respective successors in 
 office are thereupon to be and become trustees hereunder and 
 shall receive the funds upon the terms hereof. 
 
 5. Pending the acceptance of such trust by any of our suc- 
 cessors in office, or during the absence or incapacity of any 
 trustee, a majority of the trustees may and shall act as trus- 
 tees hereunder, and in such case such acts are to have the 
 same validity as if every trustee had concurred and joined 
 therein. 
 
 6. That we will do all such other acts, matters and things, 
 including the obtaining of legislation, as in our absolute dis- 
 cretion may be deemed expedient for .the permanent and 
 effectual carrying out of the foregoing purposes • or any of 
 them. 
 
 In witness whereof we, and each of us, have hereunto set 
 our hands and seals, this eighth day of August, one thousand 
 nine hundred and two. 
 
 Signed, sealed and delivered in 
 the presence of 
 
 (sgd) E. T. CoADY, A 
 Thos. Caswell, I 
 Geo. B. Wilson. J 
 
 (sgd) Oliver A. Howland, (seal) 
 
 Mayor. 
 
 A. E. Ames, 
 Hy. D. p. Armstijong, 
 John Thompson. 
 
115 
 
 SCHEDULE ?,, 
 
 No. 4180. A By-Law 
 
 To authorize tlie City Treasurer to borrow huc}i sum or sums 
 of money as may be necessary, not exceeding $50,000 in 
 all, for the purpose of purchasing and supplying fuel to 
 charitable institutions and citizens in limited (piantities. 
 
 [Passed October 13th, 1902.] 
 
 Whereas, owing to the scarcity of fuel in the City of To- 
 ronto/ occasioned by the coal strike in the State of Pennsyl- 
 vania, it is apparently impossible to obtain by the ordinary 
 channels of trade coal or wood at reasonable rates, so that 
 charitable institutions and citizens in the City of Toronto 
 may be supplied even in limited quantities for the coming 
 winter ; 
 
 And whereas it is imperatively necessary that something 
 should be done by this Corporation to provide fuel for such 
 institutions and citizens in limited quantities, or there will 
 be extreme suffering and probably death in Toronto resulting 
 therefrom ; 
 
 And whereas at a meeting of the City Council held on the 
 6th day of October, 1902, a resolution was passed in the 
 following words : 
 
 " Resolved, that this Council instruct the Board of Control 
 to provide an appropriation, not exceeding $50,000, for the 
 purchase of fuel to be sold at cost to charitable institutions 
 and citizens in limited quantities; that towards the above 
 end a competent man, conversant with the fuel trade, be em- 
 ployed, with power to employ such assistance as he may deem 
 necessary to properly carry out the intention of this resolu- 
 tion, the above party to report to and receive instructions 
 from the Board of Control;'' 
 
 And whereas at a conference held on the ninth day of Oc- 
 tober, 1902, between the Honorable George W. Ross, Premier 
 of the Province of Ontario, and a deputation of this Council, 
 the said Premier agreed, in view of the emergency above 
 specified, that in case a by-law should be passed by this 
 Council authorizing the City Treasurer to borrow such sum 
 01 sums of money, not exceeding in the amount of the lia- 
 bility, the sum of $50,000, as might be necessary for the 
 purpose of carrying out the foregoing resolution, the Gov- 
 ernment would, at the next session of the Ontario Legisla- 
 ture, support a Bill legalizing such loan and providing for 
 the repayment thereof; 
 
Therefore the Municipal Council of the Corpoi-ation of the 
 City of Toronto enacts as follows : 
 
 I. 
 
 The City Treasurer is hereby authorized and empowered to 
 borrow from such banks, corporations, or persons as may be 
 willing to lend the same, and upon such terms as may be 
 necessary from time to time, such sum or sums of money, 
 not exceeding $50,000 in all, as may be required for the pur- 
 pose of purchasing and supplying fuel to charitable institu- 
 tions and citizens in limited quantities, until the same can 
 be obtained in the usual way by the ordinary channels and 
 at reasonable rates, the intention of this by-law being that the 
 money may be borrowed from time to time in such quantities 
 as may be required, and if necessary further sums if the 
 earlier loans have been repaid, but so that the existing lia- 
 bility shall not at any one time exceed the said sum of 
 $50,000. 
 
 II. 
 
 The said moneys so to be borrowed shall, until repaid, l)e 
 and constitute a charge on all real and personal property, 
 assets and effects of the said the Corporation of the City of 
 Toronto. 
 
 W. A. LlTTLEJOHN^ 
 
 City Clerk. 
 
 Council Chamber, 
 
 Toronto, October 13th, 1902. 
 
 [L.S.] 0. A. HowLAXD, 
 
 Mayor. 
 
 SCHEDULE C. 
 
 This agreement made in triplicate the fifth day of May, one 
 thousand nine hundred and two ; between the Trustees 
 of the University of Toronto, hereinafter called the 
 Trustees, of the first i)art; and the Corporation of the 
 City of Toronto, hereinafter called the Corporation, of 
 the second part. 
 
 Whereas the said Trustees with others have petitioned the 
 said Corporation to construct a sewer upon Duncan Street, 
 between King Street and Adelaide Street, and which sewer 
 has been recommended by the City Engineer to the Com- 
 mittee on Works, and has passed the said Committee, but 
 has not yet been presented to the Council of the said Cor- 
 poration ; 
 
117 
 
 And whereas the solicitor for tlie said Trustees, before the 
 recommendation of the construction of such sewer by tlie 
 City Engineer, undertook that a proper agreement would be 
 executed by the said Trustees binding them and. the Univer- 
 sity, whicli they represent, for their proportionate part of 
 the cost of the said sewer as though the said Trustees were a 
 private corporation and not holding land exempt from taxa- 
 tion. 
 
 Now therefore this agreement witnesseth that the said 
 Trustees hereby agree with the said Corporation as follows : — 
 
 1. That, if the said Corporation will proceed with the 
 construction of the said sewer upon Duncan Street, between 
 King Street and Adelaide Street, in accordance with the 
 said petition, the lands of the said Trustees upon the east 
 side of Duncan Street, extending from King Street to Ade- 
 laide Street, may be assessed for their proportionate part of 
 the cost of the said sewer as determined by the Court of Ee- 
 vision, or in case of an appeal therefrom, by the County 
 J udge ; and that the said Trustees will pay the sum which may 
 be rated against them and the said lands for their proportion- 
 ate part of the cost of the said sewer, the same as if the said 
 lands held by them were held by them as private .persons, and 
 that the said lands and Trustees were not exempt from taxa- 
 tion therefor. 
 
 2. The said Trustees agree that they will pay the annual 
 rate which may be fixed for the cost of the said sewer upon 
 the said lands belonging to them in all respects as if the said 
 lands were not exempt from taxation. 
 
 This agreement is accepted by the City without waiving 
 the City's contention that Eussell Square is a public park or 
 square which the City is entitled to and the agreement is 
 entered into without prejudice to the Cit3^'s claim to the 
 square. 
 
 In witness whereof the said Trustees have hereunto set the 
 hand of the Vice-Chairman of the said Trustees and the 
 Bursar of the University and affixed the seal of office of the 
 said Trustees; and the said Corporation have affixed their 
 corporate seal under the hands of Oliver Aiken Rowland, 
 Esquire, Mayor, and Eichard Theodore Coady, Esquire, Trea- 
 surer of the said City, and keeper of the said seal. 
 
 (Sgd.) J. Loudon^ 
 
 Vice-Chairman. 
 
 J. E. Berkley Smith, 
 Bursar 
 
 (Seal.) 
 
118 
 
 SCHEDULE C. 
 
 This agreement made in triplicate the 13th da}^ of Septemhcir, 
 one thousand nine hundred and two, between the Trus- 
 tees of the University of Toronto, hereinafter called the 
 Trustees, of the first part, and the Corporation of the 
 City of Toronto, hereinafter called the Corporation, of 
 the second nart. 
 
 Whereas the said Trustees with others have petitioned the 
 said Corporation to construct a brick pavement and concrete 
 sidewalks upon Duncan Street, between King Street and 
 Adelaide Street, which pavement and sidewalks have been 
 recommended by the City Engineer to the' Committee on 
 Works, and the recommendations therefor have passed the 
 said Committee, and also the Council of the said Corpora- 
 tion ; 
 
 And whereas the Chairman of the Board of Trustees in 
 signing the said petition placed a memorandum thereon that 
 the Trustees claimed no exemption for the property fronting 
 upon Duncan Street from the assessment for the cost of the 
 said works; 
 
 And whereas the said Trustees duly appeared before the 
 Court of Eevision, having jurisdiction in this matter, on the 
 fifth day of August, 1902, and submitted to be assessed for 
 the proportionate cost of the said pavement and sidewalks 
 to the extent of one hundred and twenty-eight feet four 
 inches on the east side of Duncan Street, measured from the 
 south-east angle of Adelaide and Duncan Streets ; 
 
 And whereas it is deemed expedient to have a proper agree- 
 ment executed by the said Trustees binding them and the 
 University, which they represent, for their proportionate part 
 of the cost of the said pavement and sidewalks as aforesaid, 
 as though the said Trustees were a private corporation, and 
 not holding land exempt from taxation; 
 
 Now therefore this agreement witnesseth as follows : 
 
 (1) That if the said Corporation will proceed with the 
 construction of the said pavement and sidewalks upon Dun- 
 can Street, between King Street and /Adelaide Street, in ac- 
 cordance with the said petition, the said lands of tlie said 
 Trustees upon Duncan Street, being the said frontage of one 
 hundred and twenty-eight feet four inches, may be assessed 
 for their proportionate part of the cost of the said pavement 
 and sidewalks, as determined by the Court of Eevision, and 
 that the said lands of the Trustees will be charged with the 
 Slim which may be rated against the said lands for their pro- 
 portionate part of the cost of the said pavement and sidewalks 
 
119 
 
 as aforesaid^ the same as if the said lands held by them were 
 held by them as private persons, and that the said lands were 
 not exempt from taxation therefor. 
 
 (2) The said Trustees a^^ree tfiat the said lands will stand 
 liable for the annual rate which may be fixed for the cost of 
 the said pavement and sidewalks upon the said frontage of 
 one hundred and twenty-eight feet four inches of the lands 
 belonging to them, as if the said lands were not exempt from 
 taxation. 
 
 In witness whereof the said Trustees have hereunto set 
 the hands of the Chairman of the said Trustees and the 
 Bursar of the University, and affixed the seal of office of the 
 said Trustees, and the said Corporation have affixed their 
 corporate seal under the hands of Oliver Aiken Howland, 
 Esquire, I^Iayor, and Eichard Theodore Coady, Esquire, Trea- 
 surer of the said City, and keeper of the City seal. 
 Signed, Sealed and Delivered f(Sgd.) John IIoskix 
 in the presence of 
 
 (Sgd.) John A. Paterson. 
 
 (Trustees' Seal) 
 
 Chairman of Trustees 
 of University of Toronto. 
 
 (Sgd.) 0. A. Howland, 
 
 Mayor. \ city's i 
 
 t Seal. / 
 
 E. T. Coady, ^ 
 Treasurer. 
 
 Schedule " J) " sets forth the folloiving By-laws, namely, 
 Nos. Jfl21, 412Jh JilSU to JflJfS inclusive, J/ISJ,, Jtl55, 41-57, 
 Jfiei, JfieS, JtlGli, JflS5 and J^186. 
 
 4 Edw. VII. c. 70 (Ont.), as amended by 5 Edw. VII. c. 83, 
 
 s. 5. 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 2Gth April, 1901^.'] 
 
 WHEEEAS the Municipal Corpor^ion of the City of p reamble. 
 Toronto has, by petition, prayed for special legislation 
 in respect of the several matters hereinafter set forth : and 
 whereas on the 15th of March, 1888, an agreement was 
 entered into between the said Corporation, tlie Canadian 
 Pacific Eailway Company and the owners of riparian pro- 
 perty bordering upon the north shore of the Toronto Harbour, 
 which agreement was known as the Windmill Line Agree- 
 ment, and provided in short for the removal of the Windmill 
 Jjine and the extension of the properties north thereof to a 
 line further south in the said Harbour, and for the is<ue to 
 
120 
 
 the owners of the lands north of the said Windmill Line of 
 Patents for the lands south thereof, and out to the new line, 
 upon certain terms and conditions set out in the said agree- 
 ment, and several Orders have been passed by His Excellency, 
 the Governor- General in Council, approving of such agree- 
 ment, and of the extension of the Windmill Line, and of the 
 issuing of Patents thereunder as provided therein, and such 
 Patents have been issued both by the Government of the Do- 
 minion of Canada and by the Government of the Province of 
 Ontario in accordance with the said agreement; and whereas 
 it has now been found expedient to validate the said agree- 
 ment and to make the same binding not only on the parties 
 who signed the same, but upon all the other parties who 
 obtained lands in accordance with the provisions thereof ; and 
 whereas under the local improvement system, which was 
 adopted in the City of . Toronto some years ago, the Corpora- 
 tion is prevented from paying any part of the cost of sewers 
 except the portion opposite exempt properties, and certain 
 works providing for street surface drainage as provided in 
 The Consolidated Municipal Act, 1903, and whereas it has 
 been found expedient to drain a large part of the City of To- 
 ronto east of Woodbine Avenue, and it has been deemed in- 
 expedient to charge the owners of the lands in that locality 
 with the whole cost of the system of such drainage, as it in- 
 volves the expenditure of a considerable sum for the purifica- 
 tion of the sewage, and the said Corporation is desirous of 
 contributing $11,000 towards the cost of the construction of 
 this system: and whereas the said Corporation has asked for 
 authority to issue debentures for the amount of $191,500, to 
 cover the amount of a floating debt of the said Corporation 
 which has arisen from certain over expenditures in connec- 
 tion with certain works duly authorized by the ratepayers, 
 and certain other works and improvements of an emergent 
 and absolutely necessary nature, and having shewn the par- 
 ticulars thereof, it appears reasonable that authority should 
 be given to cover the said floating debt to the said 'amount of 
 $191,500, by the issue of debentures for the purpose; and 
 whereas no objectioi^s have been made to any of the by-laws 
 set out or referred to in Schedule " B " hereto ; and whereas 
 no opposition has been offered to the confirmation of the said 
 by-laws; and whereas it is expedient to grant the prayer of 
 the said petition; 
 
 Therefore His Majesty, by and with the advice and con- 
 sent of tlie T^egislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 Windmill 1.— (1) The Memorandum of Agreement dated the 15th 
 
 Jjin6 Acrrf'" \ / <-> 
 
 mentand (lay of March, 1888, commonly called the Windmill Line 
 
 parents issued 
 
121 
 
 Agreement, a copy of which is set out as Schedule " A Validated 
 hereto, having been approved of and acted upon by His Ex- confirmed 
 cellency the Governor-General-in-Council by various Orders 
 in Council, and Patents having been authorized to be and 
 having been issued in accordance therewith as directed by the 
 said Orders in Council, and similar Patents having been is- 
 sued by the Government of the Province of Ontario, the said 
 Agreement is hereby validated and confirmed, and the rights, 
 duties, liabilities, obligation, covenants and conditions 
 granted, given, conferred, imposed by or contained in the 
 said agreement, or directed by the said agreement to be so 
 granted, given, conferred^or imposed, and the trusts, condi- 
 tions and obligations contained in the several patents issued 
 or that may hereafter be issued thereunder (the Patents is- 
 sued by the Government of the Dominion of Canada being 
 confirmed by Patents issued by the Government of Ontario), 
 are hereby declared to be legal and binding upon the Cor- 
 poration of the City of Toronto and all or any other person 
 or ]rersons whomsoever that are or may be affected thereby or 
 interested therein, and the said agreement and all rights, 
 duties, liabilities, obligations, covenants and conditions there- 
 in contained are declared to be (without prejudice to any 
 other means of enforcement) enforceable in the same manner 
 and to the same extent as if the said agreement had been a 
 statute of this Province. 
 
 (2) Each and every person to whom such Patents have been 
 or may be issued or to whom the land granted by such Pa- 
 tents or any part thereof has been or may hereafter be con- 
 veyed or granted are hereby declared to be liable to and sub- 
 ject to all the rights, duties, liabilities, obligations, covenants 
 and conditions contained in the said agreement or the said 
 Patents or either of them. 
 
 (3) The provisions of this section shall not appl;^ to sub- 
 section (f) of section 5 of the said Windmill Line Agree- 
 ment, nor to the location of the new street therein referred to, 
 now commonly called Lake Street. 
 
 (4) The Grant or Patent referred to in the said agreement, 
 from which certain time or times are to be computed, shall 
 mean the patent granted by Her Late Majesty Queen Vic- 
 toria, acting for and in behalf of the Dominion of Canada 
 and bearing date the 18th day of December, 1893. 
 
 (5) Xothing in this section contained shall be considered 
 as a consent or acknowledgment on the part of the Province 
 of Ontario to the Government of the Dominion of Canada 
 having jurisdiction to grant the Patents herein referred to. 
 
122 
 
 c^i9^']Xwer ^' ^ot^^'i^li^^^^^^i^^g the provisions of the local improve- 
 to grant by ment clauses of The Consolidated Municipal Act, 1903, and 
 kfctrsSic'r^ By-law No. 2001, passed by the said Council, providing that 
 sevveiage ^ ^ the cost of Constructing permanent local improvement works 
 Woofibhre ^* should be defrayed by the local improvements assessments, 
 Avptiue lY^Q Council of the said Corporation may grant and pay by 
 by-law or otherwise the sum of twenty-four thousand dollars 
 towards the cost of constructing a sewerage system for the 
 part of tlie City east of AVoodbine Avenue. 5 Edw. YU. c. 
 83, s. 5. , 
 
 Power to pass 3. The Council of the said Corporation mav, without sub- 
 
 bv-laws tor x 7 
 
 certain pur- mitting the same to the ratepayers qualified to vote on money 
 assent 0^'^""^ by-laws, pass such by-laws as from time to time may be neces- 
 eiectory. sary to authorize the issue of City of Toronto Consolidated 
 Loan Debentures " to such amount not exceeding $191,500 
 as may be necessary for the following purposes: — 
 
 1. Cattle Market Improvements $20,000 ' 
 
 2. Erection of Western Garbage Destroyer. 9^500 
 
 3. Harbour Cribwork (foot of Bay St.) . . 27,000 
 
 4. Queen Street Subway Avidening 8,000 
 
 5. "Water Works, new house services, etc. . 50,000 
 ^6. Berkeley Street Fire Hall 37,000 
 
 7. No. 1 Police Station alterations 15,000 
 
 8. Yonge Street Fire Hall 7,000 
 
 9. Dundas Street Fire Hall 6,000 
 
 10. Exhibition Buildings 12,000 
 
 $191,500 
 
 dXTntures ^^^^^ purposes, or any of them, may issue any number 
 
 and rate for of debentures payable in this Province or elsewhere in sums 
 sinking fund, j^gg ^^^^^ ^^qq ^^.j^^^i^ ^^^y payable at any time 
 
 within twenty-eight years from the respective dates thereof, 
 with interest thereon in the meantime at a rate not exceeding 
 four per cent, per annum, payable half-yearly; and for the 
 purpose of redeeming such debentures and paying the in- 
 terest thereunder, the Council of the Corporation of the City 
 of Toi'onto may in any by-law or by-laws to be passed author- 
 izing any such loan or loans, or any part thereof, and the 
 issue of debentures thereof, impose a rate per annum upon 
 all ratable real and personal property in the said munici- 
 pality, over and above and in addition to all other rates to be 
 , levied in each year, Avhich shall be sufficient over and above 
 the interest payable on such debentures to form a sinkinor 
 fund to pay off the said debentures at maturity. 
 
 4. The by-laws of the Corporation of the City of Toronto 
 
 lereto, and all debentures issued 
 
 liy-laws 
 
 Schedule li . • n -\ • ci i t i -r» 
 
 confirmed. spccrhed in Schedule B 
 
123 
 
 or to be issued thereunder and all assessments made or to be 
 made for the ])ayiiient theieof aic hereby validated and (con- 
 firmed. P]-()vided, howevei-^ tliat nothing in this section con- 
 tained shall afl'ect any pending niotion or proceeding refer- 
 ring or relating to Bj^-law No. 4227 referred to in the said 
 schedule. 
 
 5. Section IG of the Act^ passed in the 3r)t]i year of the :'.r; v.. c.p.», «. 
 reign of Her Late Majesty Queen Victoria, and chaptered 79, 
 
 is amended by striking out the words bathe or in the first 
 line; and also by striking out the word "three" in the third 
 ^line, and inserting the word " five" in lieu thereof ; 1)y strik- 
 ing out the word " twenty " in the fifteenth line and inserting 
 in lieu thereof the words " one hundred ;" also by striking out 
 in the twenty-third line and inserting tlie 
 in lieu, thereof; and by adding at the end tliereof 
 the following words : — " Provided, however, that nothing in 
 this section contained shall apply to the waters commonly 
 known as the Toronto Bay or to those known as Ashbridge's 
 Bay." 
 
 6. The Corporation of the City of Toronto shall have the City of 
 right to purchase any stock or shares of the Consumers' Gas ^Jj^thoHz^^d to 
 Company and to bid therefor at any sale or sales that may be pi^rchase 
 made of such stock or shares when put up at auction, and to amsmrfers' 
 purchase the same at such auction or from any shareholder, ^^as Co. on 
 
 recfeiviii"' 
 
 It shall be not necessary to submit a by-law to the ratepayers general" 
 entitled to vote on money by-laws before issuing debentures ratepayel-s 
 to raise the money for purchasing said stock or shares, pro- 
 vided a general consent of the ratepayers entitled to vote on 
 money by-laws shall be first obtained for the purchase of 
 stock or shares under the provisions of this Act. Such con- 
 sent may be given by an affirmative vote of such ratepayers 
 being obtained in favor of such purchase and issue upon a 
 question or questions to be submitted to them by by-law under 
 the provisions of The Consolidated Municipal Act^ 1903, ass Edw. vii., 
 to submission of questions. Such questions may be submit- ^" 
 ted at a time other than the annual elections and such by-laAV 
 need not specify the amounts of stock or shares to be i)ur- 
 chased from time to time nor the times when such purchases 
 are to be made. 
 
 7. In the event of the said Corporation of the City of To- Head of 
 ronto holding stock or shares in the Consumers' Gas Company ^^"^^^Q^^h 
 to the amount of a par value of $10,000 or more, and so long director of 
 as a holding to the said amount shall continue, the head of the foi"g^r"city 
 said Corporation shall be ex officio a director of the Company ^Yo^qqq^**"^*^^ ''^ 
 in addition to the other directors thereof, and shall also be ' 
 
124 
 
 entitled to vote on all stock or shaies so held at shareholders' 
 meetings as might any shareholder owning the said stock or 
 shares. 
 
 Power to pur- 8. The power conferred upon the Corporation of the City 
 norto^be'^^^ of Toronto under the provisions of this Act to purchase stock 
 l^iitation of shares of the said Company and to issue debentures for the 
 52 Vic, c. 74. purchase thereof shall not be subject to the limitation of the 
 borrowing powers of the said City contained in the Act 
 passed in the 52'nd year of the reign of Her late Majesty, 
 Queen Victoria, chaptered 74. and the amount of such debt 
 incurred therefor (the investment being revenue producing), 
 shall not be considered as part of the general debenture debt 
 of the said City. 
 
 SCHEDULE A. 
 
 THE " WINDMILL LINE AGREEMENT." 
 
 Memorandum of Agreement in re Southward Removal of 
 Windmill Line," Toronto : 
 
 1. In this agreement, "the City" means the Corporation 
 of the City of Toronto. " Owner " means any person or 
 corporation who at the date of the issue of the patents here- 
 inafter mentioned has any estate, right, title or interest, legal 
 or equitable, in any riparian property, and the heirs, execu- 
 tors, administrators, successors and assigns of such person or 
 corporation. " Riparian property " means any parcel of 
 land, or land covered with water abutting on the Windmill 
 Line. " Riparian owner" means the owner, as above defined, 
 of any such riparian property. " Private riparian owner " 
 means any owner of riparian property other than the City, 
 and includes a Corporation. ^' Lessee " includes any person 
 or corporation having less than a freehold interest in riparian 
 property. 
 
 2. The water front of the City of Toronto to be moved 
 southerly as hereinafter described. 
 
 (a) The Crown to grant the lands and the lands covered 
 with water, described as follows: — 
 
 Commencing on the east side of Parliament Street, at the 
 intersection thereof with the Windmill Lin6; thence south- 
 erly upon the same course as the present east side of Parlia- 
 ment Street 394 feet; thence westerly ])arallel to the said 
 Windmill Line to a point on the west side of York Street, 
 produced southerly; thence on a straight course to a point on 
 the Windmill Line 250 feet more or less east of the east side 
 
125 
 
 of Peter Street^ measured along said Windmill Line to the 
 easte'ily boundary of the Grand Trunk Kailway property; 
 thence from the said last mentioned point easterly along said 
 Windmill Line to the place of beginning. Excepting thereout 
 the strip of land, and land covered witli Avater which coincide 
 with the southward prolongation of all the streets now run- 
 ning to the south front of the Esplanade and the new street* 
 to the south of the W^indmill Line hereinafter mentioned in 
 Clause 4. 
 
 3. Subject to the provisions of paragraph 6, the said grant 
 is to be made to the Corporation of the City of Toronto upon 
 trust for the use and benefit of the respective persons and 
 corporations who at the date thereof are the owners or occu- 
 piers of the lands, and lands covered with water abutting 
 upon the Windmill Line, or who then have any estate, rights, 
 titles or interests in the respective parcels of land, and land 
 covered with water abutting upon the said Windmill Line: 
 and each such person or corporation who has then any estate, 
 right, title or interest in any property abutting upon the said 
 Windmill Line shall have and be entitled to the same estate, 
 right, title and interest in that part of the lands so to be 
 granted as aforesaid, which lies in front of his said property, 
 and is included within lines drawn parallel to the prolonga- 
 tions of the nearest City streets running north and south, 
 and the City shall convey to them so much of the said lands 
 as lie in front of their respective riparian properties or pri- 
 vate riparian properties^ as herein mentioned; and shall lease 
 such portions thereof as lie in front of riparian property 
 owned by the said Corporation, but held under lease to the 
 respective lessees or sub-lessees of such properties respec- 
 tively, at a nominal rent for the unexpired term of such exist- 
 ing lease or sub-lease. 
 
 (a) The leases of such added lands shall be renewable 
 from time to time at the option of the respective lessees, if 
 the existing leases are renewable, and then on the same terms 
 and conditions and with such covenant or covenants for re- 
 newal, if any, as are contained in the existing leases of the 
 present riparian propert}^, as above respectively mentioned, 
 provided always that in fixing the rent upon any such re- 
 newal, the tenant and his executors, administrators and as- 
 signs shall never be chargeable with rent in respect of any 
 improvements made upon such property by or at the expense 
 of any person other than the superior landlord; or in respect 
 of the added lands, it being nevertheless distinctly under- 
 stood that on the resumption of the land by the owner in 
 pursuance of any term or condition of the lease in that be- 
 
 * Thi.s is now commonly called Lake Street. 
 
12'6 
 
 half contained, tlie lessee shall not he entitled to any com- 
 pensation in respect of the value of the added land, but only 
 for or in respect of the lessee's improvements thereon or 
 thereto, Avhich said improvements are to include the propor- 
 tionate part of any actual expenditure made or incurred by 
 the lessee in making the new street herein provided for,"due 
 allowance being made for the lessees' use thereof. 
 
 (b) In all cases where the City, at the date of the said 
 grant, has itself any estate, right, title or interest in any 
 parcel of land, or land covered with water, abutting on the 
 Windmill Line, it shall have for its own use and benefit the 
 same estate, right, title and interest in any portion of land 
 extending in front of such parcel as aforesaid. 
 
 4. The Crown to reserve an allowance for a new street,* 
 ()6 feet wide, along the south side of the present Windmill 
 Line, from the east side of Parliament Street to the west side 
 of John Street, except between the east side of Scott Street 
 and the west side of York Street, where such new street shall 
 swerve southward and follow a line generally parallel to the 
 southern limit of the Esplanade. 
 
 5. Upon such last mentioned allowance a street is to be 
 constructed (within fifteen years from the date of the patent 
 to the City, or within such shorter period as the same 
 may be petitioned for as hereinafter provided), that is to 
 say: 
 
 1st. As to the portions thereof which are prolongations of 
 the existing streets running southerly, by the City; and 
 
 2nd. As to the portions thereof between the said prolonga- 
 tions by the respective owners^ and lessees in proportion to 
 their several and respective interests in the riparian property ; 
 but any such owner or lessee, instead of filling up the whole 
 of said allowance to form such street, may construct and main- 
 tain (as to the portion not so filled up) a viaduct to the satis- 
 faction of the City Engineer across any private or public slip; 
 provided that in the case of a public slip the consent of 
 the City Council must first be obtained, and as soon as the 
 said new street is filled up, as aforesaid, across any public 
 slip, then the (Uty shall forthwith fill up the slip on the 
 north of said street, and without liahility to anyone for so 
 doing. 
 
 Subject to the terms of any agreement between the 
 owners of lands abutting u])on any section of the said 66 feet 
 strip so to be reserved l)y the Crown (Lake Street) which 
 ('xt(mds from one slip to another, the owners and occupiers 
 of riy)arian properties shall (each with regard to the portions 
 
 * This is MOW commonly called Lake Street. 
 
127 
 
 of the said GC) feet reservation lying in front of liis property), 
 liave the free use; of the said strip or reservation until the 
 same is filk^l up, throughout the entire length of the section 
 of which the same forms a part, and is taken possession of by 
 the City for the purpose of laying a roadway tliereon, and 
 the owners and occupiers ol' a ri[)ariaii property adjoining 
 any slip shall also have the sole and exclusive right to use 
 the portion of the reservation for street herein provid(!d for, 
 which is opposite the extension of the slip on which their 
 property so abuts, until such portion of the said reservation 
 is filled up for a street, as aforesaid. 
 
 (a) Such new street shall be constructed ap to ^^forma- 
 tion level" according to plans and specifications to be pro- 
 vided by the City, and in each case of objection or dispute (if 
 any), such plans and specifications or the mode of executing 
 the work shall be subject to the approval of the Minister of 
 Public Works of Canada or of such persons as he may 
 appoint. 
 
 In case at the time the City requires to construct the road- 
 way, or any part thereof, the riparian property and the land 
 reserved for a street, as aforesaid, and any land beyond that 
 has been substantially filled in and such filling is suffi- 
 ciently protected by a substantial breastwork, the cribbing 
 or other breastwoirk required by the said plans and specifi- 
 cations for filling in and constructing said street up to the 
 formation level shall, as to such portion of said new street, 
 be dispensed with. 
 
 Above formation level " such street shall be constructed 
 by the City as a local improvement in accordance with the 
 provisions of The Municipal Act or any private Act relating 
 to local improvements for the time being in force in the City 
 of Toronto, provided always that the construction of said 
 street shall not be preventible by any petition from the 
 owners or lessees of adjoining property, after the expiration 
 of the said period of fifteen years. 
 
 The roadways upon the said slips above " formation level " 
 shall in like manner be constructed by the City as local im- 
 provements under The Municipal Act or any private Act in 
 that behalf then in force in the City of Toronto. 
 
 (b) In case any part of the said street is not constructed 
 up to formation level within the time herein limited for that 
 purpose, or at the time when the City may act upon any peti- 
 tion as hereinafter provided, the City may do what is neces- 
 sary to Qomplete such construction : and an}'- expense so in- 
 curred shall be a debt due to the City from the persons or 
 corporations respectively, who should have done the said 
 work, and shall be the first lien or charge upon that portion 
 
128 
 
 of the property to be included in the above extension which 
 lies directly south of the riparian property^ in front of which 
 such construction was not so completed. Such expenditure 
 shall hear interest at five per cent, per annum from the re- 
 spective times of payment by the City until paid, and shall 
 become due and be payable so soon as the section of the work 
 within which the particular property is situated shall have 
 been completed and made fit for the use of the public, and 
 no person or corporation shall be responsible for the con- 
 struction of any part of the street except that which abuts 
 upon his own land. 
 
 (c) Until the expiration v Ion years from the date of the 
 said patent to the City, the respective owners and occupiers 
 of property fronting upon existing slips shall continue to 
 have the free use of such slips in their present condition, 
 except in so far as they may consent to have same filled up as 
 hereinafter provided in case of petition, and no person shall 
 have any claim against the City for compensation or damage 
 for the filling up of any slip after the expiration of said 
 period of ten years, or after a petition sufficiently signed, as 
 hereinafter provided, sliall have been presented to the said 
 Council. 
 
 f 
 
 (d) Notwithstanding anything herein contained, the City 
 • shall be at liberty at any time within the said period of fifteen 
 years, above limited, for the construction of said new street, 
 upon the receipt of a petition duly signed by the owners and 
 lessees entitled to petition for or against any local improve- 
 ment under the provisions of The Consolidated Municipal 
 Act of IS S3, as amended by the Act 49 Victoria, Chapter 37, 
 Section 32, where such owners and lessees represent two- 
 thirds of their number and one-half in value of the riparian 
 property described in the petition, or two-thirds of its value, 
 to construct and complete the said new street, and the road- 
 way in front of the property described in the petition and to 
 fill up the intervening slips, being the continuation of streets 
 running southward from the Esplanade to such new street, 
 and to construct roadways therein; provided always that no 
 such petition shall be acted upon unless the real property 
 described therein comprises all of the real property lying be- 
 tween two or more of the existing streets, to be continued 
 "southerly to intersect the said new roadway as above pro- 
 vided. Provided always that this clause shall not apply to 
 that portion of the said property lying between the west side 
 of Scott Street and tlie east side of Sherbourne Street until 
 the expiration of five years, no'r to the portion thereof lying 
 east of Sherbourne Street until the expiration of the period 
 of ten years from the date of the patent to the City. 
 
129 
 
 (e) Owners and oecupiel'S of property south of tlic south- 
 erly limit of the present Esplanade may run pipes across and 
 under such new street allowance and take water from the 
 Bay without chai-ge for their own use on such property, hut 
 not for sale. 
 
 (f) No track shall ever he laid along any portion of such 
 street for the use of railways or street railways. 
 
 6. Whenever any owner has constructed, or has paid for 
 the construction of that part of the said street in front of his 
 land up to " formation level," as herein described, he shall 
 be entitled to a conveyance of his part of the land so to be 
 granted to- the City in fee simple; and if there are several 
 persons having interests or estates in the same parcel of land, 
 the conveyance shall be made to the said inn-^ons respecti\ely, 
 according to tlieir respective estates and iulercsis. Owners 
 who have not completed the said work (or all tlie said work) 
 in front of their respecti\'e lots, shall he entitled to their re- 
 spective conveyance upon payiuent to the City of the amount 
 due under paragraph 5 (b) of this agreement. 
 
 (2) In case any owner in fee other than the City so desires, 
 and at any time within six months from the date of this 
 agreement, gives notice of such desire to the City and to the 
 Minister of Public Works of Canada, then and in such case 
 the patent of the extension in front of tlie riparian property 
 of such owner, instead of being issued to the City, shall be 
 issued to such owner, but eacli such patent shall contain the 
 following conditions, that is to say: 
 
 (a) That within fifteen years from the date of the issue 
 of the patent, unless the new street has been sooner done on 
 petition as hereinbefore provided, the patentee or his assigns 
 shall fill up that part of such new street lying in front of his 
 land to "formation level," as mentioned in paragraph 5 of 
 this agreement. 
 
 (b) That in case such patentee or his assigns fail*; to com- 
 ply with the above condition, the City may do what is neces- 
 sary to complete such work up to formation level, and the 
 expense so incurred shall be a first charge and lien on the 
 property included in said patent, and shall be paVable as 
 provided in paragraph 5 (b), and shall bear interest at five 
 per cent, per annum until paid, and the said lien may be en- 
 forced in any Court of competent jurisdiction ; and 
 
 (c) Each such patent and conveyance shall also contain 
 the same trusts and provisions in favor of all persons claim- 
 ing under the patentee or his predecessors in title, wdiether by 
 
 9 
 
130 
 
 lease or otherwise, as those to. be contained in the above 
 mentioned patent to the Cit}^ for the benefit of its lessees and 
 sub-lessees. 
 
 7. Existing rights of property holders to reach the respec- 
 tive railway tracks, and of the railway companies respectively 
 to reach the new water front or any other locality by any 
 means whatever, are not to be affected by this agreement. 
 
 8. Any owner or occupant of land fronting on the said 
 new street may, with the consent of the City Council and 
 under such regulations as the City Council may from time to 
 time prescribe, construct and maintain a tunnel under the 
 said new street, or may carry overhead bridges or other means 
 of conveyance across the same, the plans and specifications of 
 any such proposed work to be first submitted to and ap- 
 proved of by the City Engineer. 
 
 9. The intention of this agreement and of the provisions 
 thereof is that the benefit and the burden to arise from the 
 addition to any parcel of land abutting upon the Windmill 
 Line of the land covered by water extending to the new line 
 hereinbefore mentioned; and from the expenditure in the 
 construction and maintenance of the new street (by whom- 
 soever constructed) shall be enjoyed and inured to and be 
 borne respectively by all persons having estates, rights, titles 
 or interests, legal or equitable, in any such parcel in just and 
 equitable proportion ; regard being had to the nature, extent 
 and duration of such estates, rights, titles or interests re- 
 spectively, and to the rights and equities of such, as between 
 themselves in respect thereof. And in the case of any dis- 
 pute or difference between any of the said parties respecting 
 the terms hereof or any matter arising out of it or of the 
 carrying of it out, such dispute or difference may be deter- 
 mined in a summary way without any action or pleadings by 
 the Supreme Court of Judicature of Ontario, on motion to 
 be made to the said Court after ten clear days' notice. 
 
 11. Approved as amended this Fifteenth day of March, A. 
 
 D. 1888. 
 
 (Signed) 
 
 George M. Clark, 
 
 For C. P. R. 
 
 (Signed) 
 
 D ALTON McCarthy, 
 For Dalton and Batjley and 
 
 ( Signed ) 
 
 E. Rogers & Co. 
 Freeland Estate, 
 
 Riparian Owners. 
 
 (Signed) 
 
 AV. G. McWilllvms, 
 
 For City of Tnrnn'o 
 
131 
 
 :N'.B. — The above agreement was ratified by the City Coun- 
 cil on March 1st, 1888, and again November 19th, 1888. 
 
 Schedule " B " hereto sets fort/i, the following By-laivs, 
 namely, Nos. mO, 1^210, ^211, li2ir> to J,210 inclusive, Jf222' 
 to Jf2Sl indusive, Jt2S9, J^2U, -^2J,5, ',251, Jf252, 4255, 
 mei, 4262 and 4-273. 
 
 5 Edw. VII. c. 83 (Ont.), as amended by 6 Edv^. VII. c. 99, 
 
 s. 4. 
 
 An Act respecting the City of Toronto. 
 
 HEEEAS the Municipal Corporation of the City of Preamble. 
 
 T V Toronto has by petition prayed for special legislation 
 in respect of the. several matters hereinaftet set forth; 
 and whereas no objections have been made to any of the by- 
 laws referred to in Schedule "A" hereto; and whereas no 
 opposition has been offered to the confirmation of the said 
 by-laws; and whereas it is expedient to grant the prayer 
 of the said petition; 
 
 Therefore His Majest}^, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of On- 
 tario, enacts as follows: — 
 
 1. In view of the necessity which exists for straightening Power to 
 the Don Eiver from the Grand Trunk Eailway bridge straigiitei 
 
 Don xvive 
 
 southerly, either to Ashbridge's Bay or to the channel con- 
 necting the river with the Toronto Bay, or to the open 
 lake, the said Corporation shall have power and authority, 
 and they are hereby authorized and empowered — 
 
 (1) To enter upon, take, use and acquire all lands and 
 land covered by wate'i which, or a portion of wdiich, may be 
 convenient or necessary for straightening the Don Eiver, 
 or doing any work pertaining thereto, and to, divert the 
 >aid river into the said straightened channel and to perform 
 Jill Avork necessary to such diversion. 
 
 (2) To contract with the owners, tenants and occupiers of 
 or other person interested in the lands which the said cor- 
 ])oration is hereby authorized to take, or any or all of them, 
 for the purchase of the said lands or any pait thereof, or 
 interest therein, either by paying therefoT in cash, or by 
 the exchange of other lands in lieu thereof, or partly in one 
 way and partly in another, as to the said corporation and 
 said owners, tenants or occupiers, or persons interested may 
 seem proper. 
 
 [Assented to 25th May, 1905.'] 
 
133 
 
 (3) In case of a disagreement between the said Corpor- 
 ation and the owners^ tenants or occupiers of, or other per- 
 sons interested in any lands entered upon, taken, or used 
 by the said Corpo'iation in the exercise of any of the powers 
 conferred by this Act, or injuriously affected by the exer- 
 cise of such powers as to the amount of purchase -money 
 of such lands, or any part thereof, or interest therein, or as 
 to the claim for compensation made by such person, every 
 such disagreement and claim shall be settled and deter- 
 mined by arbitration under the provisions of The Municipal 
 Act in force at the time such proceedings may be taken. 
 
 Power to 2. For any of the purposes aforesaid, and also for im- 
 
 raise $400,000^ . "n n l • ^ ' J r' ^- • i 
 
 by deben- provmg the lands belongmg to the said Corporation m and 
 tures. around Ashbridge's Bay, the Council of the said Corporation 
 
 may, after having submitted the same to and having re- 
 ceived the assent of the ratepayers qualified to vote on 
 money by-laws, pass such by-laws as may be necessary to 
 raise a sum not exceeding $400,000 therefor, and may 
 issue any number of debentures necessary to raise the said 
 amount payable in this Province or elsewhere in sums of 
 not less than $100 each, which may be requisite and neces- 
 sary therefor, which debentures shall be payable within 
 forty years from the respective dates thereof, with interest 
 thereon in the meantime at a rate not exceeding four per 
 cent, per annum, payable half-yearly; and for the purpose 
 of redeeming such debentures and paying the interest there- 
 on, the Council of the said Corporation may, in any by- 
 law or l)y-laws to be passed authorizing any such loan or 
 loans or any part thereof, and the issue of debentures there- 
 for, impose a rate per annum upon all ratable real and per- 
 sonal property in the said city over and above and in 
 achlition to all other rates to be levied in each year which 
 shall be sufficient over and above the interest payable on 
 such debentures to form a sinking fund to pay of? the said 
 debentures at maturity. Any income derived from the lands 
 so taken or from lands granted to the City by the Patent 
 of the 18th of May, 1880,\and known as the "Marsh Lands/' 
 shall be applied for the purpose of paying the interest on 
 and redeeming such dobontures and for repaying any amount 
 or amounts thereof that have been ])aid as above provided 
 for out of general taxation until the wdiole amount paid 
 out of general taxation has been satisfied, and such income 
 shall be taken into account in estimating from time to time 
 the rate to be raised as aforesaid. Provided, however, that 
 nothing herein contained shall be construed as prejudicing 
 or affecting the provisoes and conditions contained in the 
 said patent, save and except that the principal and interest 
 of the said debentures shall bo a first charge upon the rents 
 and profits oP the said "marsh lands," and provided further 
 
133 
 
 that nothing herein contained shall affect the rights of par- 
 ties in any litigation now pending o'r deprive any person of 
 riparian rights, if any, in land not expropriated. G Edw. 
 VII. c. 99, s. 4. 
 
 3. The said Corporation may sell electrical energy in Power to sell 
 that part of the city known as the "Island," generated or gJl^^i^gy 
 produced from their Water Works System upon the Island, oi' inland, 
 or light developed thereby or therefrom to residents and 
 
 others desiring to use the same upon the Island and may 
 pay for the machinery and appliances necessary in generat- 
 ing, producing and distributing such electrical energy, or 
 debentures for any sum not exceeding $40,000, payable over 
 a period of twenty years, or may include the cost thereof 
 not exceeding $40,000, in the estimates for the year in 
 which the same may be made and expended; any by-law 
 or by-laws for raising the said money by said debentures 
 need not be submitted to the ratepayers qualified to vote on 
 money by-laws before the same is passed by the Council. 
 
 4. The Council of the said Municipal Corporation may Grant of 
 pass a by-law or by-laws to make a grant not exceeding ^/^fj.j^j^j^ 
 $5,000 towards the fund of the South African ^^^^^^i^^ ^g^JJ^7^\f^j^ 
 Association, and may include the same in the estimates of 
 
 any year, or partly in one year and partly in another, so 
 long as the sum raised does not exceed $5,000. 
 
 6. The by-laws of the Corporation of the City of Toronto, By-laws 
 
 " validated 
 
 specified in Schedule " A " hereto and all debentures issued 
 or to be issued thereunder and all assessments made or to 
 be made for the payment tliereof, are hereby validated and 
 confirmed. 
 
 Schedule ''A" hereto sets forth the following By-laws, 
 namely, Nos. J^SSJf to Jf338 inclusive, 1^3 Jf2 to Jf3A7, 4353, Jf35Jf, 
 If355, 4357, 4360 to 4369 inclusive, 4S92, 1^393, 44^10, 4411, 
 4413, U27, U37, 443S, 4439, ^^i^, 4445, 4446, 4449, 4461. 
 
 5 Edw. VII. c. 84 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 25th May, 1905.] 
 
 WHEEEAS the Corporation of the City of Toronto has Preamble, 
 by petition prayed for special legislation in respect 
 to the several matters hereinafter set forth; and whereas 
 
134 
 
 the Lieutenant-Governor in Council by proclamation dated 
 3rd March^ 1905, annexed to the City of Toronto a certain 
 portion of the Township of York, and made certain pro- 
 visions for the assessment of the said lands; and whereas 
 the power of the Lieutenant-Governor in Council to make 
 the said provisions has been questioned, and it is desirable 
 to validate the said proclamation; and whereas the terms 
 of an agreement have been arrived at between The Grand 
 Trunk Kailway Company of Canada and the said Corpora- 
 tion respecting the leasing of certain lands by the Corpor- 
 ation to the railway which are required by the railway for 
 the purposes of a new passenger station and passenger 
 station yards, in the City of Toronto, and it has been 
 deemed expedient to have the said agreement validated by 
 legislation; and whereas the said Corporation has asked for 
 authority to issue debentures to raise an amount not exceed- 
 ing $110,500 for certain works and improvements of an 
 urgent and necessary nature, and it appears reasonable to 
 grant such authority; and whereas it is expedient to grant 
 the prayer of the said petition; 
 
 Therefore His Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of On- 
 tario, enacts as follows: 
 
 Proclamation 1. The proclamation made by the Lieutenant-Governor 
 Sched*''^A" Council, of the Province of Ontario, dated 3rd March, 
 validated and 1905, a copy of which is Set out as Schedule " A " hereto, 
 is hereby validated and confirmed, and it is hereby declared 
 that the said Lieutenant-Governor in Council had full and 
 ample authority to make all the provisions therein contained 
 for the assessment of the said lands, and all assessments 
 thereof made and adopted or to be made and adopted by 
 the said Corporation of the City of Toronto, or by the 
 Assessment Commissioner, or the assessors thereof, and 
 all taxes levied or to be levied according to and upon such 
 assessments be and the same are hereby declared to be 
 valid and binding upon all parties concerned ; provided how- 
 ever that where only a portion of a parcel which was as- 
 sessed as a w^hole by the township for 1904 is added, then 
 the assessment of such portion shall be made proportionately 
 according to the area so added. 
 
 (2) And provided also that the assessment of the land 
 and of the land and buildings of William Mackenzie un- 
 der the proclamation for the period of ten years from the 
 first day of January, 1905, entered on the assessment roll 
 for the City of Toronto under numbers 51,064 and 51,0644, 
 shall be fixed by some disinterested person to be appointed 
 by the Honourable the Provincial Secretary of the Pro- 
 vince of Ontario and such assessment shall be a compara- 
 
135 
 
 tive and relative assessment with the assessment of other 
 land, and other land and buildings entered on the assess- 
 ment roll of the Township of York in the territory includ- 
 ed in the proclamation. Such fixing of assessment to be 
 made upon inspection of the assessment roll and land and 
 buildings, without any examination of witnesses, and to be 
 made within a reasonable time. Any other owner of land 
 or of land and buildings within the annexed territory 
 who has appealed against the assessment made by the Oity 
 of Toronto under the proclamation, or who is now entitled 
 to appeal, shall have an equality of right with the said Wil- 
 liam Mackenzie under this Act. 
 
 The Clerk of the said City of Toronto may forthwith «?om- 
 plete the collector's roll or rolls for the said City for the 
 year 1905, according to the provisions of The Assesment Act, 
 without including therein the assessment of the said lands 
 of William Mackenzie or any other assessment which may 
 be alte'red in pursuance hereof, and upon the award of the 
 said person so to be appointed being made, ^add the assess- 
 ment or assessments thereby fixed to the said roll or rolls 
 and the taxes upon the said lands shall thereupon become 
 payable as if they had been originally included in the said 
 roll or rolls. 
 
 2. An agreement between the Grand Trunk Eailway Com- Agreement 
 pany of Canada, and the said Corporation, a copy of which ^ndT^ T^liy 
 is set out as Schedule "B^^ hereto, is hereby declared to be Co. set out as 
 valid and binding on the parties thereto and the said parties confirmed^ ' 
 thereto are hereby empowered to do all acts provided for 
 
 in said agreement or necessary to give eifect to the same. • 
 The said Corporation, at the expense of the said Company, 
 are hereby authorized to expropriate the twenty-five feet in 
 width of the Baldwin lot mentioned in paragraph 5 of the 
 said agreement under the provisions for expropriation in 
 The Consolidated Mtinicipal Act, 1903, and any amending 
 Acts, and subject to the payment of compensation as therein 
 provided. Nothing herein contained shall prejudice or 
 affect the claim w^hicli has been raised as to the validity of 
 the expropriation order mentioned in the said agreement 
 so far as it affects the lands leased bv the City of Toronto 
 to A. Williams. 
 
 3. The Council of the said Corporation may, without sub- issue of deben- 
 mitting the same to the ratepayers qualified to vote on ^^^^^^^^^^ 
 money by-laws, pass such by-laws as from time to time may authorized for 
 be necessary to authorize the issue of City of Toron+o pos^g'" 
 Consolidated Loan Debentures to such amount as may be 
 necessary to raise the sum of $110,500 for the following 
 purposes : 
 
136 
 
 Freight shed on east side of block Harbor Square $45,000 
 
 Buildings on wharf between Yonge and Bay Streets 15,000 
 
 Erection of new morgue 20,000 
 
 Extension of Jarvis Street sewer 5,700 
 
 Extension of Berkeley Street sewer 3,500 
 
 Twelve inch water main on Spadina Avenue f rom . 
 
 Wellington Street to College Street 14,700 
 
 Twelve inch water main on Sterling Koad from 
 
 Bloor Street to Dundas Street 6,600 
 
 $110,500 
 
 and for such purposes or any of them may issue any num- 
 ber of debentures payable in this Province or elsewhere in 
 sums of not less than $100 each, which may be payable 
 at any time within forty years from the respective dates 
 thereof with interest thereon in the meantime at a rate 
 not exceeding four per cent, per annum, payable half-yearly; 
 and for the purpose of redeeming such debentures and 
 paying the interest thereunder, the Council of the Corpora- 
 tion of the City of Toronto may in any by-law or by-laws 
 to be passed authorizing any such loan or loans, or any part 
 thereof, and the issue of debentures therefor, impose a 
 rate per annum upon all ratable real and personal property 
 in the said municipality, over and above and in addition 
 to all other rates to be levied* in each year, which shall be 
 sufficient over and above the interest payable on such deben- 
 tures to form a sinking fund to pay off the said debentures 
 at maturity. 
 
 SCHEDULE A. 
 
 Wm. Mortimer Clark. 
 
 CANADA, PEOVINCE OF ONTAKIO. 
 
 Edward the Seventh, by the Grace of God, of the United 
 Kingdom of Great Britain and Ireland and of the Bri- 
 tish Dominions beyond the seas. King, Defender of 
 the Faith, Emperor of India. 
 
 To all to whom these presents shall come, or whom the same 
 may concern. Greeting: — 
 
 PROCLAMATION. 
 
 J. P. Whitney, Attorney-General. 
 
 Wlicreas it lias been made to appear to the Lieutenant- 
 Governor of Our Province of Ontario in Council that two- 
 thirds of the members of the municipal Council of the Cor- 
 
137 
 
 poration of the City of Toronto, in the County of York, 
 did, in Council, before the 15th day of July, 1904, and in 
 pursuance of the provisions in that behalf of The Municipal 
 Act, pass a resolution affirming the desirability of adding 
 to the said City of Toronto certain portions of the adjoining 
 Township of York in the said County of York; 
 
 And whereas the said municipal Council has prayed that 
 a })roclamation be issued to give effect to the said resolution; 
 
 And whereas Our said Lieutenant-Governor in Council 
 deems it expedient to grant the said prayer; 
 
 Now know ye, that, having taken the premises into Our 
 royal consideration, We, by and witii the advice of the Exe- 
 cutive Council of our Province of Ontario, and in the exer- 
 cise of the power in us vested in tliis behalf l)y the said in 
 part recited Act, or otherwise howsoever, do, by this Our 
 royal proclamation, hereby add to the said City of Toronto, 
 under the terms and conditions as to taxation, hereinafter 
 mentioned, the following territory, that is to say: — All and 
 singular that certain parcel and tract of land situated in 
 the Township of York, in the County of York, and Province 
 of Ontario, being composed of parts of lots twenty-tw^o and 
 twenty-three in the second and third concessions from the 
 bay, and of the road allowance between the same in said 
 township, more particularly described as follows: Commenc- 
 ing at a point on the limit between township lots numbers 
 twenty-one and twenty-two in said second concession where 
 the same is intersected by the northerly limit of registered 
 plan No. 669 in the City of Toronto, being the north-west 
 angle of the City of Toronto in this locality; thence nor- 
 therly along the limit between said lots numbers twenty- 
 one and twenty-two to the southerly limit of the road allow- 
 ance between said concessions (now St. Clair Avenue) ; 
 thence northerly in a straight line across said road allowance 
 to the south-easterly angle of said lot number twenty-two 
 in concession three from the bay; thence northerly along 
 the limit between lots twenty-one and twenty-two in that 
 concession to a point thereon distant one hundred and thirty 
 feet measured northerly from the northerly limit of Clinton 
 Avenue; thence westerly parallel with the northerly limit 
 of Clinton Avenue and along the production thereof to the 
 intersection of the limit between lots twenty-two and twenty- 
 three in the said third concession from the bay: thence 
 southerly along that limit to a point distant one hundred 
 and thirty feet measured northerly thereon from the north 
 limit of St. Clair Avenue aforesaid ; thence westerly parallel 
 with St. Clair Avenue to the intersection of the production 
 northerly of the westerly limit of registered plan No. 810 
 for the Township of York; thence southerly along that 
 
138 
 
 production and along the westerly limit of plans 810, 764 
 and 1237 in said township to the south-westerly angle of lot 
 A on said plan No. 1237; thence south eighty-five degrees, ^ 
 thirty-one minutes east along the southerly limit of said lot 
 A three hundred and twelve feet to the westerly limit of 
 lot D on said plan; thence south two degrees east eight feet 
 and ten inches to the south-westerly angle of said lot D, 
 thence south fifty-nine degrees, twenty minutes east along 
 the southerly limit of lots D, E and F on the last-mentioned 
 plan to the south-easterly angle of said lot F; thence still 
 easterly on the said course to the intersection of a line drawn 
 parallel with the westerly limit of Poplar Plains Koad and 
 distant one hundred and thirty feet measured westerly there- 
 from and at right angles thereto; thence south-westerly 
 along a line drawn parallel with said limit of Poplar Plains 
 Eoad and always at a distance of one hundred and thirty 
 feet measured at right angles thereto to the intersection of a 
 line drawn parallel with the north-easterly limit of Daven- 
 port Eoad and distant one hundred and thirty feet mea- 
 sured north-easterly therefrom and at right angles thereto; 
 thence south-easterly in a straight line to the production 
 westerly of the ^outh limit of Macpherson Avenue as shown 
 on ^registered plan iSTo. M. 18; thence easterly along that 
 production to the easterly limit of the Poplar Plains Eoad, 
 being at this point the westerly limit of the City of Toronto ; 
 thence northerly and north-easterly along said limit, being 
 the easterly limit of the Poplar Plains Eoad, to the inter- 
 section of the centre line of Block X, plan M 214; thence 
 north-easterly along that line, being the northerly boundary 
 of the City of Toronto, to the intersection of the limit 
 between township lots numbers twenty-two and twenty-three 
 in the second concession from the bay; thence northerly 
 along that limit to the intersection of the present northerly 
 limit of the City of Toronto, formerly the north limit of the 
 Village of Yorkville; thence easterly along that limit to the 
 intersection of the limit between lots numbers twenty-one 
 and twenty-two in the said second concession from the bay; 
 thence riortherly along that limit to the place of begin- 
 ning. 
 
 And We hereby add the portion of the lands annexed 
 lying east of the centre line of Avenue Eoad to Ward Num- 
 ber Three of the said City of Toronto, and the portion of 
 the lands annexed lying west of the said centre line to 
 Ward Number Four of the said city. 
 
 And We ordain and declare that the said territory shall be 
 and is hereby added to the said City of Toronto under and 
 subject to the following terms and conditions, that is to 
 say : 
 
139 
 
 The lands so added (but not any new buildings or im- 
 provements erected or placed thereon) shall remain, for a 
 period of ten years from the hrst day of January, 1905, 
 at the same assessed value as such lands were assessed in 
 the Township of York for the year 1904, but new buildings 
 hereafter erected, and improvements made upon any of 
 the lands so added, and also all such lands as may be here- 
 after sold, shall be assessed as other lands and buildings 
 "under the provisions of The Assessment Act. 
 
 And We further ordain and declare that the said territory 
 shall be and is hereby added to the City of Toronto under 
 and subject to the following terms and conditions, that is 
 to say: 
 
 1. The taxes and rates imposed for the year 1904, or any 
 prior year upon any of the lauds included in the territory 
 hereby annexed which have not yet been collected, shall be 
 collected by and belong to the Township of York, and all 
 right to collect the same including distress for non-paym.ent, 
 or if necessary the sale of the said lauds or any of them, 
 shall remain in the said Township as though this proclam- 
 ation had not issued. 
 
 2. The said City of Toronto may at any time hereafter 
 and prior to the preparation of the estimates for the year 
 1905, assess the lands included in the territory he'reby an- 
 nexed for the year 1905, as though the same had been made 
 in the year 1904, and the same shall be assessed (except in 
 the case of new buildings or improvements erected or placed 
 thereon) at the same assessed value respectively as they 
 were assessed by the Township of York for the year 1904; 
 but new buildings erected after the assessment for the said 
 Township for 1904 was made, and improvements made upon 
 any of the lands included in the territory hereby annexed 
 shall be assessed for their value as authorized by The Assess- 
 ment Act, and the owners and occupiers shall be notified of 
 such assessment as required by The Assessment Act, and shall 
 have the same right to appeal to the Court of Eevision and 
 County Judge as is provided therein, and the assessment so 
 fixed shall be the one upon which the taxes for the year 
 1905 upon said lands shall be rated and imposed. 
 
 And We further ordain and declare that the said addition 
 of territory to the said City of Toronto shall take effect 
 on and from the tenth day of March now next. 
 
 Of all which premises, all Our loving subjects and all 
 others whom it doth or may in any wise concern, are hereby 
 required to take notice and govern themselves accordingly. « 
 
140 
 
 In testimony whereof, We have cr.used these Our letters to 
 be made Patent, and the Great Seal of Our Province of On- 
 tario to be hereunto affixed: Witness, His Honour William 
 Mortimer Clark, &c., &c., &c., Lieutenant-Governor of Our 
 Province of Ontario, at Our Government House in Our City 
 of Toronto, in Our said Province, this third day of March, 
 in the year of Our Lord one thousand nine hundred: and 
 five, and in the fifth year of Our reign. 
 
 By command, 
 
 W. J. Hanna, 
 
 Provincial Secretary. 
 
 SCHEDULE B. 
 
 This Agreement made this twenty-second day of April, in 
 the year one thousand nine hundred and five, between 
 The Grand Trunk Railway Company of Canada, herein- 
 after called " the Grand Trunk,^^ of the first part, and 
 The Corporation of the City of Toronto, hereinafter 
 called " the City,^^ of the second part. 
 
 Whereas the Grand Trunk are legally empowered to ac- 
 quire those certain lands and premises shown colored red on 
 plan hereto annexed marked " A,^' in and owned by the 
 City of Toronto south of Front Street and between Yonge 
 Street on the east and York Street on the west, for erect- 
 ing thereon and using the same for the purposes of a new 
 union passenger station and passenger station yards in the 
 City of Toronto; 
 
 And whereas the City are the owners of certain of the 
 lands and premises required and hereinafter described and 
 representing tbo intoro«-ts of inhabitants of the City of To- 
 ronto, have had negotiations with the Grand Trunk as to 
 the compensation to be paid for the taking of said lands and 
 also to secure as far as possible the completion of said sta- 
 tion and yards in a manner suitable and convenient for the 
 business interests of the City of Toronto; 
 
 And whereas it is expedient that the result of the said 
 negotiations should be embodied in the form of an agree- 
 ment; 
 
 Therefore this agreement witnesseth that for and in 
 consideration of the premises and of the advantages to be de- 
 rived ])y oaxih of the said parties .hereunder, the said parties 
 hereto have agreed and do hereby covenant and agree each 
 with the other as follows, that is to say: — 
 
141 
 
 1. Upon the Grand Trunk expropriating or otherwise ac- 
 quiring the tenants^ interests in the lands to he leased to 
 them as hereinafter provided and the Baldwin lot, and upon 
 obtaining the consent of the Government of the Dominion 
 of Canada if necessary, the City when recjuested in writing 
 by the Grand Truy.k Kailway C()ni])any will take the neces- 
 sary proceedings to close, and will, wil lioiii delay, cause to be 
 closed against all further public ti'aAci tlie streets and high- 
 ways or portions of same shown colored brown on said j)lan, 
 that is to say: — 
 
 The whole of Station Street except the northerly 20 feet 
 thereof throughout and that part of Simcoe Street south of 
 a line drawn 20 feet south of and parallel. to the northerly 
 line of Station Street produced westerly, the whole of Lome 
 Street, that part of Esplanade Street including York Street 
 diversion between York Street and Yonge Street, and that 
 part of York Street south of a line drawn 20 feet south of 
 and parallel to the northerly line of Station Street pro- 
 duced, also that part of Bay Street lying south of a line 
 drawn across the same 25 feet south of and parallel to the 
 lane running from Yonge Street to Bay Street shown on 
 the said plan. 
 
 2. The Grand Trunk will indemnify and save harmless 
 the City against all lawful claims for damages arising from 
 the closing of the said streets, but nothing herein contained 
 shall be construed as an admission on the part of the Grand 
 Trunk that there will be any such damages nor prevent the 
 Grand Trunk from claiming the benefit of the increased 
 value that Avill attach to any lands by reason of the Grand 
 Trunk accpiiring and using the said lands forming part of 
 said streets for the purposes hereinbefore recited. The City 
 will make no claim for damages on account of the closing 
 of the said streets. 
 
 3. Upon the Grand Trunk expropriating or otherwise ac- 
 quiring the tenants' interests therein the City will give 
 to the Grand Trunk a lease, subject to renewal for all time 
 to come, of all the lands owned by the City colored red on 
 the said plan, lying between York Street and Bay Street 
 south of Front Street and north of the north limit of Es- 
 planade Street and York Street diversion, also all the lands 
 owned by the City south of a line 25 feet south of the lane 
 running between Yonge Street and Bay Street and parallel 
 thereto, and more particularly described as follows: — 
 
 All and singular those certain parcels or tracts of lands 
 and premises situate, lying and being in the City of Toronto, 
 in the County of York and Province of Ontario, compris- 
 
142 
 
 ing three (3) several parcels, which said parcels are more 
 particularly described as follows: 
 
 Parcel I. Being all those lands hounded by the easterly 
 limit of York Street, as originally laid out, the westerly limit 
 of Lorne Street, the southerly limit of Front Street, and 
 the northerly limits of the Esplanade and York Street 
 diversion. 
 
 Parcel 11. Being all those lands bounded by the easterly 
 limit of Lorne Street, the westerly limit of Bay Street, the 
 southerly limit of Front Street, and the northerly limit of 
 the Esplanade. 
 
 Parcel III. Being all those lands bounded by the easterly 
 limit of Bay Street, the westerly limit of that part of water 
 lot No. 41, now owned by the executors of the estates of 
 E. Baldwin and W. W. Baldwin, by the northerly limit of 
 the Esplanade, and by a line drawn parallel to the south- 
 erly limit of Front Street, and distant two hundred and five 
 feet and eight inches (205' 8") southerly therefrom, such 
 line being also parallel to and at a distance of twenty- 
 five feet (25') southerly from the south limit of the said lane 
 running from Bay Street to Yonge Street. Together with 
 all those portions of said streets agreed to be closed as above 
 provided, and the Grand Trunk will pay and the City will 
 accept as an annual rental (exclusive of taxes) for the said 
 lands the sum of $14,000 per annum for the first term of 
 twenty-one years, and the sum of $20,000 for the second 
 term of twenty-one years and thereafter for terms of twenty- 
 one years from time to time for ever at such annual rental 
 as may be agreed upon, and in default of agreement as shall 
 be determined by arbitration, one arbitrator to be appointed 
 by the City, one by the Grand Trunk, and the third arbi- 
 trator by the other two. All proceedings in and about the 
 said arbitration to be governed by the provisions of The 
 Arhifration Ad, of the Province of Ontario, and any amend- 
 ments thereto. It is further agreed that the amount of 
 the annual rental of the said lands shall on any renewals 
 of said lease at or after the expiration of forty-two years 
 from date of said lease, be determined as though all the 
 streets hereby agreed to be closed were still open. The City 
 shall not be bound to furnish any abstract of title to the 
 said lands nor any document or copies thereof not in their 
 possession. 
 
 4. The said lease shall bear date the 28rd day of February, 
 1905; if the City receive any rentals from the present ten- 
 ants after that date the City will pnv the same to the Grand 
 Tmnk or will apply them \^]^on ihe rent payable by the 
 
143 
 
 Grand Trunk under the said lease/ and the term shall begin 
 and the rent he pnyahU; from the said date. The lease shall 
 contain a covenant to pay rent and to ])ay taxes including 
 local improvement taxes; for re-entiy on non-payment of 
 rent and such other covenants as may be necessary and pro- 
 per to carry out this agreement. 
 
 5. Tlic Grand Trunk will as soon as possible obtain a title 
 to and convey to the City the 25 feet in width of the Bald- 
 win lot (being the east half of lot 41, plan 5A, such portion 
 to l)e conveyed being shown colored yellow on said plan 
 hereunto annexed) lying immediately south of the lane 
 shown on said plan running from Yonge Street to Bay 
 Street, and the City will, if it can legally do so, remove the 
 said lane twenty-tive feet further south of its present loca- 
 tion between Bay Street and the easterly limit of the said 
 Baldwin lot, or so near thereto as can be wnd wall connect 
 the portion so removed with the portion thereof lying east 
 of the said Baldwin lot. The Grand Trunk will indemnify 
 the City against all claims for damages which may be made 
 by tenants of the strip of land 25 feet in width lying imme- 
 diately south of the said lane by reason of this agreement 
 or by reason of the proposed removal of the said lane, pr 
 the agreement therefor. 
 
 6. The Grand Trunk agree that in constructing the build- 
 ings in connection with the said station and 3'ards, no part 
 of any such buildings shall be erected upon that part of the 
 lands proposed to be leased, being a strip 25 feet in width 
 immediately adjoining the southerly limit of Front Street, 
 and lying between York Street on the west, and Bay Street 
 on the east, except that the main building or head house of 
 the said station building may extend out to the line of 
 Front Street from the second and higher stories and be 
 supported on pillars at the said street line or northerly 
 limit of said strip, and shall be so constructed as to permit a 
 reasonable passage under the said head house for passenger's 
 on foot or with horses and vehicles and between said pillars. 
 It is further agreed that the Grand Trunk shall permit the 
 public at all times to have access on foot or with horses 
 and A^ehicles to, along and across the said 25 foot strip to 
 and from the said station, offices and buildings throughout 
 its entire length. 
 
 The Grand Trunk will, at their own costs and charges, 
 ])ave the said 25 foot strip of land and maintain the said 
 paving at all times in a n^anner satisfactory to the City 
 P^ngineer, provided however that the Grand Trunk shall not 
 be compelled to maintain a more expensive pavement than 
 is maintained by -the City from time to time on the adjoin- 
 ing ])ortion of Front Street. N'o stand for cabs or other 
 
144 
 
 vehicles or for any other purpose shall be established nor ■ 
 any structure erected on the said strip other than the said 
 pillars for supporting the head house. 
 
 T. The Grand Trunk will indemnify and save the City 
 harmless against all claims and costs arising therefrom from 
 or by the tenants and lessees of the lands so to be le^ased 
 (including the C. P. E. Co.) under the leases heretofore 
 granted by the City, and which may arise through the com- 
 pulsory taking of said leased lands for the said purposes, 
 and the Grand Trunk shall take cha'rge of the settlement and 
 adjustment of such claims at their OAvn expense, and the 
 City will furnish the Grand Trunk with copies of all leases, 
 documents, valuations, and materials in their possession or 
 custody relating to any of said lands. 
 
 8. The Grand Trunk agree with the City to pay the taxes 
 for the year 1905 upon the lands (to be adjusted according 
 to area where lands are divided) hereby agreed to be leased 
 and also upon the part of the Baldwin property which is to 
 be acquired and retained by the Grand Trunk as rated and 
 assessed upon the present assessment rolls of the City of 
 Toronto made for the year 1905. And for the period of 
 ten years commencing from and inclusive of the year 1906, 
 it Is hereby agreed that the City will establish and make a 
 fixed assessment of $500,000 on the said lands, inclusive of 
 all buildings, erections, tracks, superstructures and sub- 
 structures placed upon, in, over, under or' affixed to the said 
 lands or any part thereof, and upon such fixed assessment 
 the Grand Trunk will for said ten years be rated for and 
 liable to the City for the taxes levied thereon at the rates 
 as levied upon other' ratepayers and property owners in the 
 City of Toronto generally. The Grand Trunk will in addi- 
 tion to such general taxes be liable to pay such local im- 
 provement taxes as may be charged upon the said lands or 
 any part thereof under the provisions of the local improve- 
 ment clauses of The Municipal Act or any amendment" there- 
 to, and agree not to oppose any local improvement works 
 upon the street fronting or abutting on the said lands which 
 may be recommended by the City Engineer and approved 
 of by the Council of the City. 
 
 9. The Grand Trunk will provide for all changes, repairs 
 and other work that may have to be performed in connec- 
 tion with York Street bridge by reason of the laying of 
 any tracks or the construction of any works upon the lands 
 so to be leased, including that* portion thereof under said 
 bridge. The said bridge and the maintenance thereof are 
 to be continued as at present under the terms and provi- 
 sions of the Esplanade agreements heretofore made and 
 
145 
 
 entered into between the City and the ({rand Trunk and 
 other railway eompanies. 
 
 10. It Is agreed and understood between the paities hereto 
 that the terms and provisions of this agreement are to be 
 read and considered as additional to the terms and provi- 
 sions already contaijied in the Order of the Board oi' Kail- 
 way Commissioners for Canada dated 23id February, A.J). 
 1905, a copy of which order is hereto attached, and also 
 additional to any amendments heretofore made, or that here- 
 after may be made, to said Order by the said Board. 
 
 It is further covenaiited and agreed by and bcitween the 
 parties hereto, that if the terms of the said order or the 
 said amendments shall be inconsistent with an} of the pro- 
 visions of this Agreement, the provisions of tliis Agreement 
 shall prevail. 
 
 11. As it is considered necessary and expedient to obtain 
 legislation to ratify, confirm and make binding this agree- 
 ment on all parties it is hereby agreed that the City will 
 apply for and endeavour to obtain such legislation during 
 the present Session of the Legislature of the Province of 
 Ontario, and" the Grand Trunk ag^iee to assist the City by 
 all lawful means in obtaining said legislation. 
 
 12. So soon as the said station and yards shall have been 
 completed and ready for use, the Grand Trunk a.nd any other 
 railway company upon whom any such obligation rests, and 
 which company shall have entered into an obligation satis- 
 factory to the City to use such station and yards, shall be 
 released by the City fiom all existing obligations to maintain 
 the present existing Union Station on the south side of Front 
 Street, between York and Simcoe Streets. 
 
 13. Subject to the terms and provisions in the said Order 
 of the Board of Railway Commissioners, dated 23rd February, 
 A.D. 1905, the Grand Ti'unk covenant with the City to erect 
 and complete the proposed Union Station as therein pro- 
 vided, and it is hereby agreed that the terms and provisions 
 of this agreement shall bind and inure to the benefit of the 
 successors and assigns of each of the parties hereto and be 
 observed, carried out and given effect to in the most liberal 
 and reasonable manner, and in all respects according to the 
 true intent and meaning thereof. 
 
 II. The access from Front Street to Lake Street and 
 vice versa by a bridge or other safe and reasonable means, 
 above track level, provided for in clause 10 of the said Order 
 of the Railway Commissioners, shall be made as provided in 
 the said Order, notwithstanding the fact that it is provided 
 10 
 
146 
 
 by this Agreement that a portion of Bay Street, south of 
 Fr'ont Street, shall not be closed. 
 
 In witness whereof the parties hereto have hereunto 
 affixed their respective corporate seals on the day and year 
 first above written with the hands of their proper officers. 
 
 Signed, sealed and delivered 
 in presence of 
 
 Thos. Urouhart, , (City Seal.) 
 
 Mayor. 
 
 E. T. COADY, 
 
 Treasurer. 
 
 The Grand Trunk Eailway Company of Canada: 
 
 Chas. M. Hays, (G. T. E. Seal.) 
 
 Second Vice-President and General Manager. 
 
 Frank Scott, 
 
 Treasurer. 
 
 6 Edw. VII. c. 99 (Ont.). as amended by 7 Edw. VII. c. 95, 
 
 s. 10. 
 
 An Act respecting the City of Toronto. 
 
 [Assented to IJ^tli May, 1906.] 
 
 Preamble. YTTHEEEAS the Municipal Corporation of the City of 
 MM Toronto has by petition prayed for special legislation 
 in respect of the several matters hereinafter set forth; and 
 whereas before the acquisition of a site and the construction 
 thereon of la'ige" factory buildings by D. Conboy and Com- 
 pany, wholesale carriage manufacturers, the Council of the 
 City of Toronto agreed with the said Company to apply for 
 legislation to allow the said Council to fix the assessment of 
 the said Company for ten years, and it is expedient that the 
 said power should be granted; and whereas it is expedient 
 that the tax sales of land in the said city and the tax deeds 
 given in the years 1903 and 1904 should be validated for 
 the more convenient dealing in lands so sold; and whereas 
 no objections have been made to any of the by-laws referred 
 to in schedule " A hereto, and no opposition has been of- 
 fered to the confirmation thereof, and it is desirable that 
 the said by-laws be confirmed; and whereas it is expedient 
 to grant the prayer of the said petition; 
 
147 
 
 Therefore His Majesty, by and with the advice and consent 
 of the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 1. For a jx^riod of ten years from the 1st day of January, D, GV.nyjoy& 
 
 tlio Cor])oration of the City of Toronto may fix at j^^nt,^^^^' 
 the sum of $25,000 the assessment of 1). Conboy and Com- 
 pany, wholesale carriage manufacturers, upon the lands 
 purchased by them in 1905 on the east side of the Don road- 
 way north of Eastern Avenue, together with such buildings 
 theieon as ]uay be erected before the 1st day of July, 1906. 
 The said assessment of $25,000 shall include assessment 
 fo'r business tax upon the value of such lands and buildings, 
 but shall not include buildings erected after the said 1st day 
 of July, 1906, or the assessment for business tax based 
 thereon, and school taxes shall be levied and collected upon 
 the whole assessable value of the property of the said D. 
 Conboy and Company as tliough this Act had not been 
 passed. 
 
 2. Sub-section 7 of section 1 of the Act passed in the 49 v., c. 06, s. 
 49th year of the reign of Her late Majesty, Queen Victoria, ^' (' ) ^""^"^ed 
 and chaptered 66, as amended by the Act passed in the 
 
 52nd year of the reign of Her said late Majesty, and chap- 
 tered 73, is hereby amended by adding at the end thereof the 
 words, provided that, except as to the portion of the said 
 lands already laid out by registered plan as a "road^^ fifty 
 feet wide on each side of the Eiver Don, the laying out of 
 the said lands or any part thereof as and for such public 
 esplanade or highway^ or the adoption and registration of a 
 plan laying out the same, or the passing of any by-law 
 authorizing the said plan or the said laying out, shall not 
 make the same a public highway, and the same shall not be 
 or become a public highway unless and until so declared by 
 a by-law of the council of the said corporation; and the coun- Donimprove- 
 cil of the said corporation may set apart by by-law a portion ways, 
 or portions of the said esplanade or highway on the east 
 side of the Eiver Don not marked " road " on the plan 
 thereof, as a speedway or place where horses may be driven 
 or iddden more rapidly than is permitted on the streets of 
 tbp city, and may pass by-laws for regulating and governing 
 the use of such portion for the aforesaid purposes, and the 
 ])assing of such by-law and the use of such lands as aforesaid 
 shall not be or be taken as a dedication of the same as a 
 public highw^ay or street. Nothing herein contained shall 
 affect in any way the dispute between the Canadian Pacitic 
 Eailway Company, and the Corporation of the City of To- 
 ronto as to the liabilitv (if anv) of the said Eailwav Com- 
 
148 
 
 pany for taxes before the passing of this section, but the 
 same shall be determined in all respects as if this section 
 had not been passed. 
 
 3. The Council of the said Corporation may include in 
 its estimates for the year 1906, and may grant a sum n( t 
 exceeding $2,500 to be applied toward the expenses ir- 
 curred or to be incurred in connection with the meeting of 
 the British Medical Association to be held in the City of 
 Toronto this year. 
 
 * * i'fi i'fi i'fi ffi 
 
 Grant for 
 British 
 Medical 
 Association. 
 
 5. For the purposes of improving and adding to the value 
 
 Construction 
 
 siding^o? of the lands belonging to the Corporation of the City of 
 industries. Torouto in the neighbourhood of Ashbridge's Bay, and to 
 give increased facilities to manufacturers in that neigh- 
 bouihood, the said Corporation may expend a portion of the 
 money authorized to be raised by section 2 of the Act, passed 
 in the fifth year of His Majesty^s reign, chaptered 83, as 
 amended by the preceding section in the constrtiction on the 
 lands of the said Corporation ol a raihvay siding for manu- 
 facturing industries. 
 
 Agreement 6. The Said Corporation may enter into an agreement 
 for'^peniti^m. agreements with the Grand Trunk Eailway Company of 
 Canada, the Canadian Pacific Eailway Company, or any 
 other raihvay com]^any, for the M'Orking, operation or use of 
 the said siding, and may, with the consent of the said railway 
 companies, or any of them, unite or' join wnth its railway 
 at or near the said lands of the said Corporation, and may 
 enter into agreements with owners or occupants of lands 
 adjoining the said siding for the use thereot upon terms to 
 be agreed upon, or, in case of disagreement, to be deter- 
 mined by the Ontario Eailway and Municipal Board. 
 
 s. 70 of Ont. 7. For the purposes of the preceding two sections of this 
 ^fplA^o Act, the said Corporation shall have the powers conferred 
 siding. upon railway companies by section 70 of The Ontario Rail- 
 
 toay Act, 1906, relating to '^switches and sidings to indus- 
 tries,'^ but shall jiot in otlier respects be deemed to have 
 the powers or to be subject to the obligations of a railway? 
 company. 
 
 3Kdw. VII., 8. Section 8 of the Act ])assod in the third year of the 
 amended.' reign of His Majesty, and chaptered 86, is amended by 
 striking out the words " on tlie part of any official of said 
 City^' in the twentieth line of the said section and inserting 
 in lieu thereof the words "by the said City, or the Council, 
 or any official of said City;" provided, that nothing in this 
 
149 
 
 section contained shall aU'ect aii}- ]iti<^ation ponding at tlie 
 time of the passing of this Act. 
 
 9. The sales of lands in the said City made in the years Tax sales 
 1903 and 1904, for arrears of taxes in respect of the lands so • 
 sold, including sales of land which may have been pur- 
 chased by the Council of the said City or by any one on 
 
 behalf of the said Council under the provisions of The Assess- ^^y^dw. vii., 
 ment Act and all tax deeds issued in pursuance of such sales, ^" 
 are confirmed arid declared to be and to have been legal, 
 valid and binding to all intents and purposes notwithstand- 
 ing an}^ error or irregularity in the said sales or deeds or in 
 any of the proceedings including the assessment of the said 
 lands or proceedings to collect the taxes thereon taken prior 
 to the said sales and the execution of the said deeds. 
 
 10. The by-laws of the Corporation of the City of Toronto Debenture 
 specified in Schedule " A hereto and all debentures issued confirmed, 
 or to be issued thereunder and all assessments made or to 
 
 be made for the payment thereof, are hereby validated and 
 confirmed. 
 
 « H« He H« ^ Vfi 
 
 12. The Council of the said Corporation may, without sub- Power to issue 
 mitting the same to the ratepayers qualified to vote on for certain 
 money by-laws, pass such by-laws as from time to time may P^fpo^es 
 
 . , . , . without assent 
 
 be necessary to authorize the issue of "City of Toronto of ratepayers. 
 Consolidated Loan Debentures " to such amount as may be 
 required to raise the sum of $22"0,500 for the following pur- 
 poses : 
 
 Wallace Avenue, steel foot bridge $ 4,500 
 
 Steel hydraulic dredge 54,000 
 
 12-in. water main on Poplar Plains Road 12,000 
 
 Enlargement of House of Industry 10,000 
 
 Completion of new St. Lawrence Market 50,000 
 
 Cattle Market improvements , . . 45,000 
 
 Crib work on Block "D,'' Harbor Square 15,000 
 
 Widening of Front Street between Bay Street and 
 
 Customs House 30,000 
 
 $220,500 
 
 and for such purposes, or any of them, may issue any num- 
 ber of debentures payable in this Province or elsewhere in 
 sums of not less than $100 each, which may be payable at 
 any time within forty years from the respective dates 
 thereof (except the debentures for the cost of the said 
 hydraulic dredge, which shall be payable within ten years 
 
150 
 
 from the date thereof), with interest thereon in the mean- 
 time at a rate not exceeding four per cent, per annum, pay- 
 able half-yearly, and for the purpose of redeeming such de- 
 bentures and paying the interest thereunder the Council 
 of the Corporation of the City of Toronto may, in any by-law 
 or by-laws to be passed authorizing any such loan or loans, 
 or any part thereof, and the issue of debentures therefor, 
 impose a rate per annum upon all ratable real and personal 
 property in the said municipality over and above and in 
 addition to all other rates to be levied in each year, which 
 shall be sufficient over and above the interest payable on 
 such debentures to form a sinking fund to pay off the said 
 debentures at maturity. 
 
 Schedule " A " hereto sets forth the following By-laws, 
 namely, Nos. U79. U80, USl, U88, U89, U92 to Jf502 
 inclusive, J^504 to J^517 inclusive, Jf526, J^539, J^SI^O, Ji55S, 
 Jf55Jf, 4579, 4583, 4584, 4594 and 4630. 
 
 7 Edw. VII., 0. 95 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Assented to 20th April, 1907.] 
 
 T\7^HEEEAS the Municipal Corporation of the City of To- 
 * * ronto has by petition prayed for special legislation in 
 respect of the several matters hereinafteir set forth; and 
 whereas the said City has, under the provisions of the Act 
 passed in the third year of His Majesty's reign, Chaptered 
 86, acquired certain lands west of Dufferin Street fo'r park 
 purposes and desires to use the same for the purposes of the 
 Toronto Industrial Exhibition, and also desires to use a por- 
 tion of the moneys raised under the said Act for improve- 
 ments opposite the Grarrison Commons, including the con- 
 struction of a sea wall and drive, and whereas the said City 
 has asked for authority to issue debentures to the amount 
 of $463,500 to cover the amount of a floating debt arising 
 from certain oveir-expenditures in connection with works 
 duly authorized and to cover the cost of certain other works 
 and improvements of an urgent and necessary nature, and it 
 appears reasonable that authority should be given to issue 
 debentures for the said purpose; and whereas no objections 
 have been made to any of the by-laws set out or referred to 
 in Schedule A hereto, and no opposition has been offered 
 to the confirmation of the same; and whereas doubts have 
 
151 
 
 arisen as to the validity of certain tax sales and deeds and 
 it is desi'iable to validate the same; and whereas it is expedi- 
 ent to grant the prayer of the said petition; 
 
 Therefore, His Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 1. The lands west of Dufferin Street acquired by the said 
 City under the provisions of section 5 of the Act passed in 
 the 3rd year of His Majesty^s reign, Chaptered 86, may be 
 used for Industrial Exhibition purposes, and the said City 
 may close the portion of Dufferin Street south of the Grand 
 Trunk Eailway tracks and the portions of other streets upon 
 which the lands so acquired front or abut, as soon as the City 
 acquires possession of the property on said portions of streets 
 and may use the same with the grounds of the Industrial 
 Exhibition for the purposes thereof. Provided that no build- 
 ings shall be placed on the said portion of Dufferin, Street 
 and that the owners and occupants of the property on the 
 north-east corner of Dominion Street and Spencer Avenue 
 shall have reasonable access to the streets of the City to be 
 provided through the said lands. 
 
 2. The said City may employ the moneys raised by virtue ^ea ^'^^^ 
 of the powers contained in section 5 of the Act passed in west of 
 the third year of His Majesty's reiapa. Chaptered 86, in mak- J^am'son 
 
 ^ , . / n 1 -1 . 1 4. Commons. 
 
 mg permanent improvements upon and along the water lots 
 acquired for park and exhibition purposes in front of the 
 Garrison Commons, including the construction of a sea wall 
 and drive between Bathurst Street and the west limit of 
 Dufferin Street. 
 
 3. The Council of the said City may, without submitting Power to issue 
 the same to the ratepayers, qualified to vote on money by- fo^. certai? 
 laws, pass such by-laws as from time to time may be necessary purposes witli- 
 
 out assent of 
 
 to authorize the issue of City of Toronto Consolidated Loan ratepayers. 
 Debentures " to^ such amount as may be required to raise 
 the sum of $463,500 for the following purposes: — 
 
 Re-building Exhibition buildings destroyed by , 
 fire \ $200,000 
 
 Cost of acquiring the buildings and improvements 
 on Dalton lot, and the construction of piling, 
 etc., thereon 52,000 
 
 Additional amount for erection of new Morgue, 
 
 and stables for ambulances 24,500 
 
 Erection of a new Police Station on Pape Avenue 23,500 
 
152 
 
 Additional amount required for eirection of Berke- 
 ley Street^ Kew Beach and Cowan Avenue fire- 
 halls $16,000 
 
 Public bath liouse and comfort station on Steph- 
 anie Place 40,000 
 
 Police patrol signal service, stable for van and 
 
 waggon at No. 2 Police Station ^47,500 
 
 Garbage incinerator at north end of City 60,000 
 
 $463,500 
 
 and for such purposes, or any of them, may issue any num- 
 ber of debentures payable in this Province or elsewhere in 
 sums of not less than $100 each, which may be payable at 
 any time within forty years from the respective dates thereof, 
 with interest thereon in the meantime at a rate not exceed- 
 ing four per cent, per annum, payable half-yearly, and for 
 the purpose of redeeming such debentures and paying the 
 interest thereunder the Council of the Corporation of the 
 City of Toronto ma}^, in any by-law or by-laws to be passed 
 authorizing any such loan or loans, or any part thereof, and 
 the issue of debentures therefor, impose a rate per annum 
 upon all ratable property in the said municipality over and 
 above and in addition to all other rates to be levied in each 
 year, w^hich shall be sufficient over and above the interest 
 payable on such debentures to form a sinking fund to pay off 
 the said debentures at maturity. 
 
 ]:)ebenture 4. The by-laws of the Corporation of the City of Toronto 
 Smed.^ specified in Schedule A hereto and all debentures issued 
 or to be issued thereunder and all assessments made or ta 
 be made for the pa3aiient thereof, are hereby validated and 
 confirmed. 
 
 Firemmrs 5. The Treasurer of the City of Toronto for the time be- 
 
 Keiief Fund, ing is hereby added as a member of the Trustee Board of 
 the Firemen's Permanent Relief Fund established by the 
 Trust Deed set out in Schedule " A to the Act passed in 
 the third year of His Majesty's reign, Chaptered 86, and 
 shall have all the powers and be subject to all the obligations 
 of the said trustees under the said deed and Act. 
 
 Sale of 6. Notwitlistandiiig the conditions contained in any grant 
 
 water lot. ^|^^ ^^^^ ^j^^ water lot at the southwest corner of 
 
 the Esplanade and Frederick Street (being part of what is 
 known as let No. 15 according to plan 5 A), the said City 
 may s(^ll tlio same and the lands added thereto under the 
 provisions of the Windmill Line Agreement at such price 
 as to the Council of the said City may appear reasonable. 
 
153 
 
 7. The Council of the said City shall include in tlie csti- Orunt^to ^ 
 ^ mates yearly and make an annual contribution for forty n,|[nt Sujler- 
 years from and including the year 1907 of not Jess than «;|J|^^'jiti<>n 
 $8,750 towards the Toronto Fire Department Superannua- 
 tion and Benefit Fund. 
 
 8. Section 12 of the Act passed in the 49th year of the 40 viot., c. OG, 
 reign of Her late Majesty Queen A^ictoria, and chaptered ' 
 G6, is amended by striking out ail the words between the Don^Improve- 
 word " than " in the ninth line and the word " nor " in the 
 eleventh line of the said section and inserting in lieu 
 thereof the following words, " for less than its fair market 
 value/' 
 
 9. All sales of land within the Municipality of the City Tax saL 
 of Toronto, made prior to the 31st day of December, 1904, 
 purporting to be made by the Corporation of the said City 
 for arrears of taxes in respect of land so sold are hereby 
 validated and confirmed, and all deeds of lands so sold exe- 
 cuted by the Mayor and Treasurer and Clerk of the said Cor - 
 poration, purporting to convey the said lands so sold to the 
 purchaser the'reof or his assigns, or to the said Corporation, 
 shall have the effect of vesting the land so sold and conveyed 
 and the same are hereby vested in the purchaser or his as- 
 signs, and his and their heirs and assigns, or in the Corpora- 
 tion and its assigns, as the case may be, in fee simple, free 
 and clear of and from all right, title and interest whatsoever 
 of the owners thereof at the time of such sale, or their as- 
 signs, and of all charges and encumbrances thereon except 
 taxes accrued after those for non-payment whereof the said 
 lands were sold. Nothing in this section contained shall affect 
 any litigation or other proceeding pending on the 21st day of 
 March, 1907, or any litigation commenced between the said 
 21st day of March, 1907, and the date of the passing of this 
 Act, in regard to any lands purchased by or deeded to the 
 said Corporation or purporting to be so purchased or deeded 
 and for which no sale or contract or agreement for sale had 
 been made by the said Corporation, but any such litigation or 
 other proceeding may be continued and finally adjudicated 
 upon in the same manner and to the same extent as if this 
 Act had not been passed. 
 
 Schedule " A " liereio sets forth the folloiuing By-Iaivs, 
 namely, Nos. JfGJfJ^ to Jf6J^8 inclusive^ Jf.668 to ^685 inclusive, 
 4697 to 4720 inclusive, 4726, 4727, 4728, 4733, 4734, 4735, 
 4751, 4752, 4763, 4764, Ji796 and 4S14- 
 
154 
 
 7 Edw. VII. c. 54 (Ont.) 
 
 Settlement of 
 disputes 
 between City 
 and Univer- 
 sity. 
 
 Kev. Stat., 
 c. 277, ss. 4-11, 
 to apply. 
 
 Construction 
 of provisions 
 of agreement 
 as to arbitra- 
 tion. 
 
 An Act respecting a certain Agreement between 
 the University of Toronto and the Corpora- 
 tion of the City ot Toronto. 
 
 [Assented to 20th Aprils 1907.1 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 1. Subject to the provisions of section 2 of this Act, every 
 dispute as to any of the matters mentioned in paragraph 2 
 or in clause 1 of paragraph 9 of the agreement, set forth in 
 the Schedule to the Act passed in the fifty-second year of the 
 reign of Her late Majesty Queen Victoria, Chaptered 53, and 
 intituled An Act validating a certain agreement between the 
 Universifij of Toronto and the Corporation of the City of 
 Toronto^ shall be settled by aribitration in manner pro- 
 vided by Tlie Arlntration Act, instead of in the manner pro- 
 vided by the said paragraphs, and except as provided by sec- 
 tion 2 of this Act, the proceedings in and in relation to 
 any arbitration under the provisions of the said paragraphs 
 shall be had and taken in accordance with and be covered 
 by the provisions of The ArHtration Act. 
 
 2. The provisions of sections 4 to 11 inclusive of The 
 Municipal Ai^hit rat ions Act shall apply mutatis mutandis to 
 every such arbitration and to every award made -thereon. 
 
 3. Paragraph 2 and clause 1 of paragraph 9 of the said 
 agreement shall be read as if the provision for arbitration 
 therein contained had been that which is prescribed by this 
 Act. 
 
 Reference to a 4. The reference shall be to a, single arbitrator if the 
 tor or to'^three parties SO agTcc, and if they do not, then to three arbitra- 
 arbitrators. tors, one to be chosen by each of the parties, and the third 
 
 by the two arbitrators so chosen, and the award may be 
 
 made by a majority of the arbitrators. 
 
 8 Edw. VII. c. 112 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to IJfth April, 1908.] 
 
 Preamble. TTTITEEEAS the Municipal Corporation of the City of 
 VV Toronto has by petition prayed for special legislation 
 in respect of the several matters hereinafter set forth; and 
 
155 
 
 whereas the said Corporation repioscnts that it is (Jesiral)lo 
 to allow it to make a grant not exceeding $50,000 to tlie 
 Toronto Hospital for Incurables, and to validate the agree- 
 ment between it and said hospital; and whereas the said 
 Corporation represents that it is desirable that the Act to 
 incorporate the Induatrial Exhibition Association of To- 
 ronto should be amended witli respect to the filling of 
 vacancies in the office of directors appointed by the Council 
 of the said Corporation; and whereas the said Corporation 
 desires that it may be allowed to use a portion of Eiverdale » 
 Park for the purpose of a hospital for measles and minor 
 contagious diseases; and whereas no objections have been 
 made to any of the by-laws set out or referred to in Schedule 
 "B^^ hereto, and no objection has been offered to the con- 
 firmation of the same; and whereas the value of the whole 
 ratable property of the said City, according to the last 
 revised assessment rolls, is $206,217,486, and the existing 
 debenture debt of the said City exclusive of the local im- 
 provement debt and the debt incurred for water works pur- 
 poses (which under the statutes relating to the said City 
 is not to be counted as part of the general debenture debt), 
 is $15,918,773, of which no part of the principal or interest 
 is in arrear; and whereas it is expedient to grant the prayer 
 of the said petition; 
 
 Therefore His Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Pr?)vince of Ontario, 
 enacts as follows : 
 
 1. N"otwithstanding anything contained in the Act passed Construction 
 in the fifty-fifth year of the reign of Her late Majesty Queen way^agree- 
 Victoria, and Cliaptered 99, and intituled An Act to incor-'"^"^- 
 porate the Toronto Railway Company and to confirm the 
 agreement between the Corporation of the City of Toronto 
 and George W. Kiely, William McKenzie, Henry A. Everett 
 and Chauncey C. Woodworth; and notwithstanding any 
 judicial decision interpreting the effect of the said Act and 
 the said agreement, it is hereby declared that it is and 
 always has been the true intent and meaning of the said Act 
 that the rights retained by and secured to the Corporation 
 of the City of Toronto by the said agreement as to the con- 
 trol and management of the streets of the said City, and as 
 to establishing and laying down new lines of railway, and 
 as to extending the street car service upon the streets of the 
 said City, as may be from time to time recommended by the 
 City Engineer, and approved by the City Council, have not 
 been and are not affected by the said Act, but said rights 
 remain and are as set out in the said agreement scheduled 
 to the paid Act. 
 
156 
 
 Toronto" ^' Council of the said City may after submitting the 
 
 Hospital for same to and receiving the assent of the ratepayers quali- 
 Incurable.s. j^Q^ ^0 vote on money by-laws^ pass a by-law or by-laws for 
 making a grant of not more than $50,000 to the Toronto 
 Hospital for Incurables to enable it to build an addition to 
 its buildings and for authorizing the issue of " City of 
 Toronto Consolidated Loan Debentures to such an amount 
 as may be necessary to raise such sum. 
 
 Grants to 3. The CoLincil of the said City may, without submit- 
 
 and^Muskoka ^^^^<? ^^^^ same to the ratepayers, pass a by-law or by-laws 
 Free Hospi- to authorize the issue of City of Toronto Consolidated 
 sumpth-es!" Loan Deljontures to such amount as may be required to 
 raise a sum not exceeding $50,000, and may out of said 
 sum, make grants to the Toronto Free Hospital for Con- 
 sumptives, and the Muskoka Free Hospital for Consump- 
 tives, in such proportions to each of the said hospitals as 
 may be determined by the said Council, and upon condi- 
 tions to be approved by the Council. 
 
 Grant to St. 4. The Council of the said City may also, after submit- 
 Grace and ^^^^8' ^^^^ same to and receiving the assent of the ratepayers 
 Western qualified to vote on money by-laws, pass a by-law or by-laws 
 ospi as. authorize the issue of City of Toronto Consolidated Loan 
 
 Debentures to such amount as may be required to raise a 
 sum not exceeding $150,000, in order to grant a sum of 
 $50,000 to each of the following hospitals, namely: St. 
 MichaeFs Hospital, Grace Hospital and Western Hospital, 
 as an aid to the special building fund of the said hospitals. 
 
 Debentures— 5. For the purposes of the three preceding paragraphs, 
 how payable. r^j^j them, the Said Council may issue any number of 
 debentures,' payable in tlris Province or elsewhere, in sums 
 of not less than $100 each, which may be payable at any 
 time within forty years from the respective dates thereof, 
 with interest the'reon in the meantime at a rate not ex- 
 ceeding four per cent, per annum, payable half-yearly, and 
 for the purpose of redeeming such debentures and paying 
 the interest thereunder the Council of the Corporation of 
 the City of Toronto may, in any by-law or by-laws to be 
 passed authorizing any such loan or loans, or any part 
 thereof, and the issue of debentures therefor, impose a rate 
 per annum upon all ratable property in the said muni- 
 cipality over and above and in addition to all other rates 
 to be levied in each year, which sliall be sufficient over and 
 above the interest payable on such debentures .to form a 
 sinking fund to pay off tlie said debentures at maturity. 
 
 Af,'reeinent 6. All agrc(mient between the said City and the Toronto 
 ^aii,'iate(T.'" ^ Ffospital for Incurables, a copy of which is set out as Sche- 
 
157 
 
 <iule " A " hereto, shall, so soon as a by-law is duly passed 
 under secTion 2 hereof, be valid and binding on the parties 
 thereto, and the said paiities thereto are hereby empowered 
 to do all acts provided for in the said agreement, or neces- 
 sary to give effect to the same. 
 
 7. Subsection 2 of section 9 of the Act passed in the forty- ^'^^ . ^- «i, 
 second year of the reign of Her late Majesty Queen Victoria re4nactecr 
 and Chaptered 81, intituled Aii Ad to Jncorporalc, Ike J n-^^^^f^^}^^^- 
 dustrial Exliibition Association of Toronto , as ro-enact('(l amended. ' 
 by the Act passed in the fifth year of the reign of His pre- 
 sent Majesty, chaptered 114, section 2, is amended by add- 
 ing at the end theieof the words: "Provided, however, 
 
 that in case of a vacancy occurring by reason of any of the 
 above mentioned causes amongst the directors appointed by 
 the said City Council, the Council may appoint one of its 
 members to supply such vacancy for the remainder of the 
 year.'^ 
 
 8. The by-laws of the Corporation of the City of Toronto Debenture 
 specified in Schedule "B" hereto, and all debentures issued validated, 
 .or to be issued thereunder, and all assessments made or to be 
 
 made and rates levied or to be levied for the payment 
 ^hereof, are hereby validated and confirmed. 
 
 9. Notwithstanding the provisions of The Public Healtli Vne oi 
 Act, the lands in the said city described as "all and singu- 
 
 iar that certain parcel or tract of land and premises, being I'ai-k for 
 composed of part of Eiverdale Park in said city, and i^hior con^-"^ 
 described in By-laws Nos. 2761 and 4213 of the Corpora- ^'g^^"^^ 
 tion of the City of Toronto, and which may be more particu- 
 larly described as follows, that is to say: commencing at 
 the northeasterly angle of the present Isolation Hospital 
 lands, as described in section 5 of the Act passed in the 
 sixty-second year of the reign of Her late Majesty Queen 
 Victoria and chaptered 85; thence northerly along the pro- 
 duction northerly of the easterly limit of said lands, one 
 hundred feet; thence westerly parallel with the southerly 
 limit of said Park according to said By-law ^^o. 2761, two 
 hundred and thirty feet; thence southerly along the pro- 
 duction northerly of the westerly limit of said hospital 
 lands, one hundred feet to the northwesterly angle thereof; 
 thence easterly along the northerly limit of said hospital 
 lands, two hundred and thirty feet to the place of begin- 
 ning,^^ may be used by the said City as a site for a hospital 
 for cases of measles and other minor contagious diseases, 
 and for that purpose the said land is hereby removed from 
 the dedication by said By-laws Nos. 2761 and 4213 of the 
 lands thereby included in a public park. 
 
158 
 
 Smir>ortion "^^^^ Council of the said City may, by a two-thirds 
 
 of special rate vote of all the members thereof, pass a by-law to remit or 
 Stre!erre^wer ^^fuiid a portion of the special rate imposed for the con- 
 struction of the sewer on Dundas Street between Bloor Streer- 
 and Conduit Street, and may provide the amount of all rates 
 so remitted or refunded by including the same in the esti- 
 mates and taxes for the year. 
 
 SCHEDULE A. 
 
 Memorandum of Agreement made this twenty-eighth day of 
 October, one thousand nine hundred and seven, between 
 Toronto Hospital for Incurables (hereinafter called the 
 Hospital) of the first part, and The Corporation of the 
 City of Toronto (hereinafter called the City)^, of the 
 second part. 
 
 Whereas the Hospital has requested the City to make a 
 grant to it of fifty thousand dollars to build an addition to 
 the Hospital, and has agreed to certain terms in case such 
 grant is made, and it is desirable to embody the same in this 
 memorandum : 
 
 Therefore this agreement witness.eth that if the City ob- 
 tains power to grant and does grant the sum of fifty thousand 
 dollars to the Hospital, the Hospital will forthwith there- 
 after expend the same in building an addition to the Hospital 
 to meet the demand for increased accommodation, and the 
 Hospital will accept and make p'roper provision for at least 
 fifty patients who may be within the class at present admitted 
 by the Hospital and who may be pronounced incurable pa- 
 tients by the Medical Health Officer of the said City, and 
 sent in to the Hospital upon the order of the said Medical 
 Health Officer, such patients to observe the rules ' of the 
 Hospital now in existence which have been made, and also 
 such other rules as may from time to time be made for the 
 purpose of regulating, governing and maintaining discipline 
 therein. 
 
 It is understood that the above mentioned grant does not 
 include any payment for maintenance of City patients in the 
 said Hospital, but the Hospital shall be entitled to receive 
 and the City shall pay for the maintenance of each City pa- 
 tient sent in on the order of 'the Medical Health Officer for 
 the time being, or other officer appointed for that purpose, 
 not more than one-half the cost of the per diem maintenance 
 paid to any of the hospitals of the City as fixed from year to 
 year. 
 
159 
 
 In witness whereof the parties hereto have hereunto set 
 their corporate seals and the hands of their proper officers. 
 Signed, sealed and delivered 
 in the presence of 
 
 "J. T. MacKay/' 
 
 "Ambrose Kent/' 
 (Seal of Hospital.) President. 
 
 " E. Coatsworth/' 
 Mayor. 
 
 " R. T. COADY," 
 
 (City Seal.) Treasurer. 
 
 Schedule " B " sets forth the following By-laivs, namely, 
 Nos. Jf862 to J/88o inclusive, Jf897, J,90S to Jf931 inclusive,, 
 49J^0, Ji95Jf. to J/957 inclusive, 1/982, 5000, 5018, 5023 and 
 5036. 
 
 59 Vict. 0. 8. 
 
 An Act to Confirm an Agreement Relating to 
 Osgoode Street, Toronto. 
 
 [Assented to 7th April, 1896.] 
 
 WHEREAS a proposed agreement to be entered into by the Pr eamble. 
 Law -Society of Upper Canada, the Corporation of the 
 City of Toronto, Her Majesty the Queen, represented by the . 
 Honourable the Minister of Militia and Defence, and Her 
 Majesty the Queen, represented by the Honourable the Min- 
 ister of Public AVorks for Ontario, with respect to the closing 
 of Osgoode Street in the said city, has been approved of by 
 each of the parties thereto and if is expedient that the same 
 should be confirmed or the parties authorized to enter into 
 the same: 
 
 Therefore, Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 The said agreement, a copy of which is set forth in the Agreement 
 schedule to this x^ct, when executed by the parties thereto, ^o"^""®^- 
 is hereby confirmed and declared to be valid and landing, 
 and the several parties thereto are hereby authorized to 
 execute and carry out the same according to the true intent 
 and meaning thereof. 
 
160 
 
 SCHEDULE. 
 
 This Indenture, made the 26th day of March, A.D. 1896, 
 between The Law Society of IFpper Canada, hereinafter 
 called the Law Society, of the first part ; the Corporation 
 of the City of Toronto, hereinafter called the City, af the 
 second part ; Her Majesty the Queen, herein represented 
 by the Honourable the Minister of Militia and Defence, 
 hereinafter called the Dominion Government, of the third 
 part ; and Her Majesty the Queen, herein represented by 
 the Honourable the Commissioner of Public Works of 
 Ontario, hereinafter called the Ontario Government, of the 
 fourth part. 
 
 Whereas the Dominion Government procured a site for the 
 erection of a drill hall immediately north of Osgoode Street, 
 in the City of Toronto, between Chestnut Street and Uni- 
 versity Street ; and have thereon erected a drill hall ; 
 
 x\nd w^iereas for the more convenient drilling of troops 
 and other purposes connected with such drill hall, the 
 Dominion Government have requested that Osgoode Street 
 be closed as a public street, and enclosed within the drill 
 hall grounds, in order that such grounds may be enlarged 
 thereby; 
 
 And whereas the Law Society, the City and the Onta'rio 
 Government are willing that the request of the Dominion 
 Government should be complied with, upon the terms and 
 conditions hereinafter contained; 
 
 , Now this Indenture witnesseth that the Law Society and 
 the Ontario Government hereby give consent that the City 
 of Toronto may pass a by-law closing Osgoode Street as a 
 public street, and allowing the Dominion Government to 
 enclose the same by extending the fences erected, or to be 
 erected, around the said drill hall grounds, so that the 
 same may cross said street on the line of the west side of 
 Chestnut Street, and the line at the east side of University 
 Street, subject, however, to the following conditions, agree- 
 ments and reservations 
 
 (a) That the said street shall at any time, upon the writ- 
 ten request of any of the parties hereto, be re-opened as a 
 public street, and the said fences, or any other fences or 
 enclosures thereof removed; and the City shall, upon such 
 request, pass all necessary by-laws and do all necessary 
 things in that behalf. 
 
 (h) That the fences or other enclosures which may from 
 time to time enclose said street shall be of design to be 
 approved of by the Law Society and the Ontario Govern- 
 
161 
 
 meiit, and the Dominion Government shall make and main- 
 tain proper gates with proper roadways and footpaths to 
 allow the Law Society and the Ontario Government, their 
 tenants and servants, and all other persons authorized in 
 that behalf by the said Law Society and the Ontario (tOV- 
 ernment, or either of them, at the Avill and pleasure of 
 the Law Society and the Ontario Government, for all pur- 
 poses connected with or incidental to the Law Society and 
 its affairs, and the Courts and business carried on in Os- 
 goode Hall, and other matters connected with or incidental 
 to the occupation or use of Osgoode Hall and its grounds 
 from time to time, to pass and re-pass, with or without 
 horses, carts, waggons, carriages, and other vehicles and 
 things, to and from the grounds of Osgoode Hall, but so far 
 as horses and carriages are concerned only upon the space 
 now defined as Osgoode Street. 
 
 (c) That under joint regulations to be established by 
 the Minister of Militia and Defence and the Law Society, 
 members of the Law Society and law students shall from 
 time to time, when the space south of the drill hall, in- 
 cluding Osgoode Street, is not required for the purposes of 
 the drilling of troops, or other purposes connected with the 
 Drill Hall, be allowed to use the said space for recreation 
 purposes, such use to be at all times subject to the prior 
 requirements connected with said drill hall. 
 
 (d) No fence or other erection to be placed upon Osgoode 
 Street other than the fences enclosing the same above re- 
 ferred to. 
 
 This agreement shall not take effect unless and until the 
 same has been confirmed by an Act of the Legislature of 
 Ontario. 
 
 In witness whereof this agreement has been duly sealed 
 and executed by the parties hereto. 
 
 In presence of 
 
 3 Edw. VII., c. 196, as amended by 4 Edw. VIL, c. 135 (Dom.) 
 
 An Act to Incorporate the Toronto and Harrnlton 
 Railway Company. 
 
 [Assented to 24th October^ 1903.] 
 
 * * jj: * 
 
 7. The Company may lay out, construct and operate a i^ine of 
 railway of the gauge of four feet eight and one-half inches descrfbed. 
 from a point in or near the City of Toronto, in the Countv 
 11 
 
162 
 
 of York, to some point in or near the City of Hamilton, in 
 the Connty of Wentworth, passing throngh the Counties of 
 York, Peel, Halton and Wentworth, in the Province of On- 
 tario ; 
 
 * * * * * . * * 
 
 steam to^be 2. Steam may be used for the purposes of constructing the 
 struction only. Said railway, but shall not be used as motive power for its 
 operation. 
 
 Declaratory. 3. The works authorized by this section are declared to 
 be woiiks for the general advantage of Canada. 
 
 Agreements 
 with other 
 companies . 
 
 Approval of 
 shareholders 
 and Governor - 
 in-Coiincil . 
 
 Notice of 
 application 
 for sanction . 
 
 Agreement to 
 be filed with 
 Secretary of 
 State. 
 
 8. The Company may enter into agreements with the 
 Hamilton Eadial Electric Eailway Company, the Hamilton, 
 Grimsby and Beamsville Electric Eailway Company, the 
 Niagara, St. Catharines and Toronto Eailway Company, the 
 Toronto and Mimico Electric Eailway and Light Company, 
 Limited, the Metropolitan Eailway Company, and the To- 
 ronto Suburban Eailway Company, for acquiring by pur- 
 chase, lease o'l otherwise, in whole or in part, any rights 
 or powers acquired under the Acts relating to the said com- 
 panies or any of them, also the franchises, surveys, plans, 
 works, plant, material, machinery and other property to 
 them belonging, on such terms and conditions as are agreed 
 upon, and subject to such restrictions as to the directors 
 seem fit; provided that such agreement has been first ap- 
 proved by two-thirds of the votes at a special general meet- 
 ing of the shareholders duly called for the purpose of con- 
 sidering it, at which meeting shareholders representing at 
 least two-thirds in value of the stock are present or repre- 
 sented by proxy, and that such agreement has also received 
 the sanction of the Govern ot in Council. 
 
 2. Such sanction shall not be signified until after notice of 
 the proposed application therefor has been publiohed in the 
 manner and for the time set forth in section 239 of The Rail- 
 way Act, and also for a like period in one newspaper in each 
 of the Counties through which the railway of the Company 
 runs, and in which a newspaper is published. 
 
 3. A duplicate of the agreement referred to in sub-section 
 1 of this section shall, within thirty days after its execution, 
 be tiled in the office of the Secretary of State of Canada, and 
 notice thereof shall be given by the Company in The Canada 
 Gazette, and the production of The Canada Gazette contain- 
 ing such notice shall be prima facie evidence of the require- 
 ments of this section having been complied with. , 
 
I 
 
 163 
 
 9. Nothing herein contained shall alter, vary or 'restrict ^^^^^^^ ^^^j^ 
 the rights of any municipality under or by virtue either of ties nob 
 any Acts of the Legislature of Ontario now in force and ^-ffected. 
 affecting the said railway companies, or any of them, or 
 
 of any agreement or agreements with any of the companies 
 mentioned in section 8 of this Act; and the Company, by 
 virtue of exercising any of its rights or powers conferred 
 by the said section 8 shall not (with respect to any line 
 of railway acquired or over which the Company shall acquire 
 running power or which may be constructed under the 
 powers conferred by the said section 8) be entitled to any 
 greater rights as against such municipality than the said 
 agreement or agreements confer, and shall be bound to as- 
 sume, and shall be deemed to have assumed, all the obliga- 
 tions undertaken w^ith such municipality under such agree- 
 ment or agreements with respect to any line of railway so 
 acquired or so constructed, or over which the Company shall 
 so acquire running rights. 
 
 10. The acquisition by the Company of a line of any rail- Acquired lines 
 way mentioned in section 8 of this Act, which has been incor- under Provin- 
 porated by a charter of the Province of Ontario, shall not ^^^^ ^y- 
 make such line of railway, or any extension or extensions 
 
 thereof hereafter constructed under such charter, subject to 
 Th& Railway Act of Canada or works for the general advan- 
 tage of Canada, but they shall be and remain subject to the 
 legislation and control of the Province of Ontario and to 
 the rights and powers of the local municipalities in the same 
 manner and to the same extent as if this Act had not been 
 passed. 
 
 11. Notwithstanding anything contained in The Railway Authority sis 
 Act the Company shall not construct or operate its line of *ng^rafiway*^ 
 railway or any extensions thereof along any highway, street, on highways, 
 or- other public place without first obtaining the consent 
 expressed by by-law of the municipality having jurisdiction 
 
 over such highway, street, or other public place, and upon 
 terms to be agreed upon with such municipality. 
 
 12. The Company may construct and operate ^telegraph Telegraph 
 and telephone lines upon its railway, and, for the purpose ^nd^ telephone 
 of operating such lines or exchanging and transmitting mes- 
 sages, may enter into contracts with any companies having 
 telegraph or telephone powers, and may connect its own 
 lines with the lines of such companies, or may lease its own 
 lines. 
 
 2. The Company may transmit messages for the public Rates to 
 and collect rates or charges therefor, but no rate or char2:e proved. 
 
164 
 
 Preamble. 
 
 Name 
 changed . 
 
 Existing 
 rights not 
 affected . 
 
 Line of 
 railway 
 
 shall be demanded or taken for the transmission of any mes- 
 sage, or for leasing or using the telegraphs or telephones of 
 the Company, until it has been approved of by the Governor 
 in Council, wlio may also revise such rates and charges from 
 time to time. 
 
 32. 3. The Electric Telegraph Companies Act shall apply to 
 the telegraphic business of the Company. 
 
 * * * * * * 
 
 of 16. The Bailivay Act shall, subject to sections 7, 9, 10 and 
 11 of this Act, apply to all lines of railway constructed by 
 the Company, and to the maintenance, repairs and operation 
 thereof. 
 
 An Act respecting The Toronto and Hamilton 
 Kaiiway Company, and to change its name 
 to The Toronto, Niagara and Western Eail- 
 way Company. 
 
 WHEKEAS the Toronto and Hamilton Eailway Company 
 has by its petition prayed that it be enacted as here- 
 inafter set forth, and it is expedient to grant the prayer 
 of the said petition: Therefore His Majesty, by and mth the 
 advice and consent of the Senate and House of Commons 
 of Canada, enacts as follows: — 
 
 1. The name of the Toronto and Hamilton liailway Com- 
 pany, hereinafter called the Company,^' is changed to " The 
 Toronto, Niagara and Western Eailway Company,^'' but 
 such change in name shall not in any way impair, alter or 
 affect the rights" or liabilities of the Company, nor any suit 
 or proceeding now pending or judgment existing, either 
 by or in favour of, or against the Company, which, notwith- 
 standing* such change in the name of the Company, may 
 1)0 prosecuted, continued, completed and enforced as if 
 this Act had not been passed. 
 
 2. The Company may lay o^it, construct and operate an 
 extension of its heretofore authorized line of railway from 
 a point in or near the City of Hamilton, in the County of 
 Wentworth, or from a point in the County of Halton, west- 
 erly through or near the cities of Brantford, Woodstock, 
 
 6 Edw. VII. c. 169 (Dom.) 
 
 [Assented to 26th June, 1900.] 
 
165 
 
 London and Chatham, to some point at or near the City of 
 Windsor, in the County of Essex, in the Province of Ontario. 
 
 4. Subject to the provisions of sections 281 to 283, both ^[Jj^^^"};'^"*^'' 
 inclusive, of The Railway Act, 1903, the Company may enter companies, 
 into agreements with all or any of the companies hereinafter 
 
 named for any of the purposes specified in the said section 
 281, such companies being the Canadian Pacific Eailway 
 Company, the Grand Trunk Eailway Company of Canada, 
 the Canada Southern Railway Company, the Canadian 
 N^orthern Railway Company, the James Bay Railway Com- 
 pany, the Lake Erie and Detriot River Railway Company, the 
 Thorold and Lake Erie Railway Company and the Pere Mar- 
 quette Railway Company. 
 
 5. The Company may, within two years after the passing Time for 
 of this Act, commence the construction of the railways limited . 
 which it has been authorized to construct and expend fif- 
 teen per cent, of the amount of its capital stock thereon, 
 
 and may complete its railways and put them in operation 
 within five years after the passing of this Act, and if the 
 said railways are not commenced and such expenditure is 
 not so made, or if the said railways are not completed and 
 put in operation within the said period, the powers of con- 
 struction conferred upon the Company by Parliament shall 
 cease and be null and void as respects so much of the said 
 railways as then remains uncompleted. 
 
 * * * * * 
 
 61 Vict. c. 88. 
 
 An Act to Incorporate The Toronto and Hudson 
 Bay Railway Company. 
 
 [Assente^d to IStli June, 189S.] 
 
 TTTHEREAS a petition has been presented praying for the Preamble. 
 
 incorporation of a company to construct and operate a 
 railway as hereinafter set forth,, and it is expedient to grant 
 the prayer of the said petition; therefore Her Majesty, by 
 and with the advice and consent of the Senate and House 
 of Commons of Canada, declares and enacts as follows :- 
 
 1. George Gooderham, John Herbert Mason, Robert Davis, incorpora- 
 W. R. Brock, the Honourable Lyman Melvin Jones and John 
 
166 
 
 Corporate 
 name. 
 
 Shaw, all of the City of Toronto, in the Province of On- 
 tario, together with such persons as become shareholders in 
 the Company, are hereby incorporated under the name of 
 "The Toronto and Hudson Bay Eailway Company/' here- 
 inafter called " the Company.''' 
 
 Declaratory. 2. The undertaking of the Company is he'ieby declared to 
 be a work for the general advantage of Canada. 
 
 Head Office. 3. The head office of the Company shall be in the City of 
 Toronto, in the Province of Ontario. 
 
 Line of 
 railway 
 described 
 
 Branch lines 
 may be built 
 first. 
 
 4. The Company may lay out, construct and operate a 
 line of railway of the gauge of four feet eight and one-half 
 inches from the City of Toronto to a point at or near the 
 mouth of Moose Eiver, Albany Eiver or Churchill Eiver, 
 on the west side of James Bay and Hudson's Bay,« with 
 a branch line extending to the Northern and Pacific Junction 
 Eailway, at or near the town of Gravenhurst, — a branch 
 line extending southward from the main line adjoining the 
 watershed near Temagami Lake, thence to the Northern and 
 Pacific Junction Eailway, at or near North Bay or Nipissing 
 Junction — and a branch line from near Parry Sound to or 
 near Sudbury, thence to Wahnapitae Lake. 
 
 (2) The Company may construct and operate any of the 
 branch lines hereinbefore mentioned, before commencing 
 the construction of the main line. 
 
 Provisional 
 directors. 
 
 5. The persons named in section 1 of this Act are hereby 
 constituted provisional directors of the Company. 
 
 Capital stock 
 and calls 
 thereon. 
 
 6. The capital stock of the Company shall be one mil- 
 lion dollars, and may be called up by the directors from 
 time to time as they deem necessary; but no one call shall 
 exceed ten per cent, on the shares subscribed. 
 
 Annual 
 meeting. 
 
 7. The annual meeting of the shareholders shall be held 
 on the second Tuesday in September in each year. 
 
 Election of 
 directors. 
 
 8. At such meeting the subscribers for the capital stock 
 assembled who have paid all calls due on their shares shall 
 choose seven persons to be directors of the Company. . 
 
 Amc'unt of 
 bonds, &c., 
 limited . 
 
 9. The Company may issue bonds, debentures or other 
 securities to " the extent of twenty-five thousand dollars 
 per mile of the railway and branches, and such bonds, de- 
 bentures or other securities may be issued only in propor- 
 tion to the length of railway constructed or under contract 
 to be constructed. 
 
167 
 
 10. The Company may enter into an a^-reement with the Agreement 
 
 i- -J " with another 
 
 Canadian Pacific Railway Company^ the Ottawa, Arnprior company, 
 and Parry Sound Eailway Company, the Parry Sound Colon- 
 ization Railway Company, the Nipissing and James J3ay 
 Railway Company, the James Bay Railway Company, or the 
 Grand Ti-unk Railway Company . of Canada, for conveying 
 or leasing to such company the railway of the Company 
 hereby incorporated, in whole or in part, or any rights .or 
 powers acquired under this Act, as also the franchises, sur- 
 veys, plans, works, plant, material, machinery and other pro- 
 perty to it belonging, or for working or amalgamating with, ^^^g^okiers 
 or acquiring running rights on the systems of, such company, and Governor- 
 on such terms and conditions as are agreed upon, and sub- 
 ject to such restrictions as to the directors seem fit; pro- 
 vided that such agreement has been first approved by two- 
 thirds of the votes at a special general meeting of the share- 
 holders duly called for the purpose of considering the same 
 — at which meeting shareholders representing at least two- 
 thirds in value of the stock axe present or represented by 
 proxy — and that such agreement has also received the sanc- 
 tion of the Governor in Council. 
 
 2. Such sanction shall not be signified until after notice Notice of 
 
 of the proposed application therefor has been published in^r'^sanSn. 
 the manner and for the time set forth in section 239 of 
 The Railway Act, and also for a like period in one newspaper 
 in each of the electoral districts through which the railway 
 of the Company runs, and in which a newspaper is published. 
 
 3. A duplicate of the agreement, conveyance or lease 
 
 above referred to, duly ratified and approved, shall, within Secretary of 
 thirty days after its execution, be filed in the office of the State. 
 Secretary of State of Canada, and notice thereof shall be 
 given by the Company in The Canada Gazette, and the pro- 
 duction of The Canada Gazette containing such notice shall 
 be prima facie evidence of the requirements of this Act 
 having been complied with. 
 
 11. The Company mav, in connection with and for the Power to 
 
 « . , .1 ' control 
 
 purposes oi its railway: — vessels. 
 
 (a) Acquire, construct and navigate steam and other ves- 
 sels upon Georgian Bay, James Bay and Hudson^s Bay, and 
 upon rivers and other waters connected therewith, and also 
 upon all lakes and rivers upon the line of its railway, and 
 foT the like purposes construct, own, lease and use docks, 
 warehouses, grain elevators and other works for facilitating 
 transportation upon the said rivers, streams or otlior wa+ors ; 
 
 (b) Acquire and utilize water and steam power for the Water and 
 purpose of compressing air or generating electricity for light- ^^^^^ power. . 
 
168 
 
 Lands and 
 buildings. 
 
 ing, heating and motor purposes, and may dispose of sur- 
 plus power generated by the Company^s works and not re- 
 quired for its undertaking; 
 
 (c) Acquire lands and construct and acquire buildings 
 and other erections for the purpose of supplying water for 
 the use of its railway, and sell or otherwise dispose of to 
 municipalities and individuals the surplus water produced 
 from any of the works of the Company and not required for 
 the undertaking. 
 
 Power to 
 enter upon 
 highway, etc 
 
 Erect pok 
 
 Break up 
 highway. 
 
 Travel not to 
 be obstructed 
 
 12. With the consent of the municipal council or other 
 authority having jurisdiction over any highway or public 
 place, the Company may enter thereon for the purpose of 
 constructing and maintaining its lines of telegraph and 
 telephone, and lines for the conveyance of electric power, 
 and, when deemed necessary by the Company for the pur- 
 pose of its telegraph and telephone systems, and its system 
 for supplying electric power, may erect, equip and maintain 
 Stretch wires, poles and other works and devices, and stretch wires and 
 other telephonic or telegraphic or other electrical contrivances 
 thereon, and, as often as the Company thinks proper, may 
 break up and open any highway or public place, subject, how- 
 ever, to the following provisions : — 
 
 (a) The Company shall not interfere with the public right 
 of travel, nor in any way obstruct the entrance lo any door 
 or gateway, or free access to any building; 
 
 Height of (h) The Company shall not affix any wire less than twenty- 
 
 two feet above the ground, nor, without the consent of the 
 municipal council, erect more than one line of poles along 
 any highway; 
 
 (c) All poles shall be as nearly as possible straight and 
 perpendicular, and shall, in cities, be painted, if so required 
 by any by-law of the council; 
 
 (d) The Company shall not be entitled to damages on 
 account of its poles or wires being cut by direction of the 
 officer in charge of the fire brigade at any fire, if, in the 
 opinion of such officer, it is advisable that such poles or 
 wires be cut; 
 
 (e) The Company shall not cut down or mutilate any 
 shade, fruit or ornamental tree; 
 
 Supervision of (f) The Opening up of streets, for the erection of poles 
 
 Kind of 
 poles . 
 
 Cutting poles 
 or wires in 
 case of fire. 
 
 Injury to 
 tr(!es. 
 
 municipality 
 
 or for carrying wires under ground, shall be subject to the 
 direction and approval of such person as the municipal 
 council appoints, and shall be done in such manner as the 
 said council directs; the council may iilso designate the 
 places where such poles shall be erected; and the streets 
 
169 
 
 shall, without any unnecessary delay, be restored, as far as ^treeTtf^M- 
 possible, to their former condition by and at the expense of restored, 
 the Company; 
 
 (g) In case efficient means are devised for carrying tele- fation as^to'^ 
 graph or telephone wires under ground, no Act of Parlia- carrying wires 
 nient requiring the Company to adopt suc.h means, and. 
 abrogating the right given by this section- to carry lines 
 
 on poles, shall be deemed an infringement of the privileges 
 granted by this Act, and the Company shall not be entitled 
 to damages therefor 
 
 (h) Every person employed upon the work of erecting or JJ^^^^^^^^^gg" 
 repairing any line or instrument of the Company shall have 
 conspicuously attached to his dress a badge, on which are 
 
 legibly inscribed the name of the Company and a number 
 by which he can be readily identified. 
 
 (i) Nothing herein contained shall be deemed to auth- Private rights, 
 orize the Company to enter upon any private property for 
 
 the purpose of erecting, maintaining or repairing any of its 
 works, without the previous assent of the owner or occu- 
 pant of the property for the time being; 
 
 (;) If, for tlie purpose of removing buildings or in the Temporary 
 exercise of the public right of travel, it is necessary that wires and 
 the said wires or poles be temporarily removed, by cutting P"'®^- 
 or otherwise, the Company shall at its own expense upon 
 reasonable notice in writing from any person requiring it, 
 remove such wires or poles; and in default of the Company 
 so doing, such person may remove such wires and poles at 
 the expense of the Company. The said notice may be given Notice to 
 either at any office of the Company or to any agent or ^^"^p^"^- 
 offi-cer of the Company, in the municipality, wherein are the 
 wires or poles required to be removed, or in the case of a 
 municipality wherein there is no such agent or officer, 
 then either at the head office or to any agent or officer of 
 the Company in the nearest or any adjoining municipality to 
 that in which such wires or poles are; 
 
 (k) The Company shall be responsible for all damage Liability for 
 which it causes in carrying out or maintaining any of its 
 said works. 
 
 13. The Company may construct, acquire, and operate Telegraph and 
 telegraph and telephone lines beyond its railway to any li^Js. ^'^^ 
 point on James Bay, Hudson^s Bay and Hudson^s Straits, 
 and may lay submarine lines for telegraph and telephone 
 connections betw^een such points. ' 
 
 14. The Company may undertake the transmission of Fewer to 
 m.essages for the public by any of its lines of telegraph or ^^^^^""^ ^""^ 
 telephone and collect tolls therefor, or may lease such lines, 
 
170 
 
 R.S.C. 
 
 provided that if the Company luidertakes the transmission 
 132. Qf messages for hire, it shall be subject to the provisions of 
 sectio'ns 5 and 6 of Tlie EUciric Telegraph Companies Act. 
 
 Power to 
 acquire lands. 
 
 Electricity. 
 
 15. The Company may, for the purposes of its undertak- 
 ing, purchase lands^ including water power and mill privi- 
 leges, and may hold, alienate or mortgage them^ and may 
 acquire and utilize water and steam power for the purpose of 
 generating electricity for lighting and motor purposes in con- 
 nection with its railway. 
 
 Proceedings 
 when extra 
 land required 
 
 16. If the Company requires land for wharfs, docks, ele- 
 vators, and warehouses, and cannot agree for the purchase 
 thereof with the owner of such la.nd, it may cause a map 
 or plan and book of reference to be made of such land, and 
 all the provisions of sections 107 to 111, both inclusive, of 
 Tlie Bailway Act shall apply to the subject matter of this 
 section, and to the obtaining of such land and determining 
 the compensation thereof. 
 
 Time for con- 
 struction 
 limited . 
 
 17. If the construction of the railway is not commenced 
 and fifteen per cent, on the amount of the capital stock is 
 not expended thereon within four years after the passing 
 of this Act, or if the railway is not finished and put in oper- 
 ation in nine years after the passing of this Act, then 
 the powers granted by this Act or by The Railway Act shall 
 cease and be null and void as respects so much of the rail- 
 way as then remains uncompleted. 
 
 Suspension of 18. The Operation of sections 4, 9, 11, 12, 13, 14, 15 and 
 
 this Act :> 7 y y :> 7 
 
 16 of this Act shall be suspended for the period of two years 
 from the date of the passing of this Act, and if at the ex- 
 piration of such period the James Bay Eailway Company has 
 commenced and substantially proceeded with the construc- 
 tion of its line of railway from Toronto to Sudbury via 
 Parry Sound, the operation of the said sections shall con- 
 tinue to be suspended as to that line during such time as 
 the substantial proceeding with such construction continues; 
 and if at the expiration of the said period either the said 
 James Bay Eailway Company or the Nipissing and James 
 Bay Eailway Company has commenced and substantially pro- 
 ceeded with the construction of its line of railway north- 
 ward from the present main line of the Canadian Pacific 
 . Eailway, the operation of the said sections shall continue to 
 be suspended as to that line during such time as the substan- 
 tial proceeding with such construction continues, and upon 
 the completion of the said respective lines of railway, the 
 operation of the said sections shall cease and determine. 
 
171 
 
 2. If any question arises under this section as to the com- (^if/v^^noT-in^- 
 niencement of, or the substantial proceeding with, the con- Council, 
 struction or the completion of the said respective lines of 
 railway, it shall he determined by the Governor in Council. 
 
 3. The Company may become party to and entitled to en- ^^^^^^^^^^^^ 
 force any agreement which may be made between the James coinpanies. 
 Bay Eailway Company, the Nipissing and James Bay Bail- 
 way Company, or between either of the said railway com- 
 panies, under the powers given by their respective Acts of 
 incorporation, and the G'rand Trunk Eailway Company of 
 Canada, and the Canadian Pacific Eailway Company, or 
 
 either of them. 
 
 19. Any Act hereafter passed for the purpose of con- Power of 
 
 , TT .-, . . I -I 1 1 • J. X Parliament as 
 
 trolling railway companies incorporated by or subject tOt^f^^ure 
 Parliament as to the issuing of stock or bonds, and as to legislat-ion. 
 rates or tolls, and the regulation thereof, and as to running 
 powers over, or other rights in connection with, the railway 
 of any company by any other company, and the exercise of 
 powers conferred upon railway companies, shall apply to the 
 Company from the time such Act goes into effect; but this 
 section shall not be construed to imply that such Act would 
 not apply to the Company without the enactment of this 
 section. 
 
 3 Edw. VII. c. 118 (Ont.) 
 
 An Act respecting the Toronto and Mimico Elec- 
 tric Railway and Light Company, Limited. 
 
 [Assented to 12th June, 1903.] 
 
 WHEEEAS The Toronto and Mimico Electric Eailway Preamble, 
 and Light Company, Limited, hereinafter called the 
 " Company,^^ has by petition set forth that the said Com- 
 pany has, by virtue of its Charter of Incorporation, con- 
 structed and is now operating a line of electric railway from 
 a point in the City of Toronto to Long Branch, in the Town- 
 ship of Etobicoke, and that it is desirous of extending its 
 railway westerly through the Township of Etobicoke, in the 
 County of York, the Township of Toronto, in the County '^f 
 Peel, the Townships of Trafalgar and Nelson and the Tow^n 
 of Oakville and the Villages of Bronte and Burlington in 
 the County of Halton, and the Townships of East Elamboro, 
 West Elamboro and Saltfleet, in the County of Wentworth, 
 to a point in or near the City of Hamilton; and whereas the 
 Company has prayed that an Act may be passed changing 
 
172 
 
 the name of the Company, and autliorizing the construction 
 of the extension of the said railway, and for all necessary 
 and incidental powers relating thereto; and whereas it is 
 expedient to grant the prayer of the said petition; 
 
 Therefore His Majesty, by and with the advice and consent 
 of the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 Name of 
 company. 
 
 1. The name of the Company is hereby changed to 
 Toronto and Mimico Eailway Company." 
 
 The 
 
 14. The Company may at any points on or near to its line 
 
 Power to 
 
 awd"enteT'into railway conncct its tracks with the tracks of the Toronto 
 
 agreements 
 with other 
 comi)anieH. 
 
 Suburban Eailway Company, the Hamilton Street Eailway 
 Company, the Hamilton Eadial Electric Eailway Company, 
 the Hamilton, Grimsby and Beams vi lie Electric Eailway 
 Company, or with the tracks of any of the said companies, 
 and it shall be lawful for the Company to enter into any 
 agreement with any or either of the said railway companies, 
 if lawfully authorized to enter into such an agreement, 
 to amalgamate with, purchase, lease or otherwise acquire the 
 said railways, or any of them, or any part or parts thereof; 
 Proviso. or to sell and dispose of or lease to any of the said com- 
 panies the whole or any part of its railway, or to make 
 arrangements with the said companies, or any of them, for 
 the interchange of passenger or freight traffic, or for the 
 use by either company of the property, buildings, plant, 
 material, rolling stock, machinery, appliances or facilities of 
 the other, or for the supply of motive power, heat or light 
 by either company to the other, or any other joint arrange- 
 ment respecting the running arrangements of the said 
 companies, or any of them, and the conduct of the joint 
 traffic of the companies which may be parties to any such 
 agreement; provided that nothing done under this section 
 shall be valid until the same shall be first authorized by two- 
 thirds in value of the shareholders of the Company at a 
 special general meeting to be held for that purpose, and 
 until the consent of the Councils of the Corporation of the 
 Municipality or Municipalities affected thereby, or the ap- 
 proval of the Eailway Committee of the Executive Council 
 of Ontario, has first been obtained; but this section shall not 
 be construed as purporting or intending to confer rights or 
 powers upon any company which is not within the legislative 
 authority of the Province of Ontario. » 
 
 15. The aiithority and pow-er conferred on the Company 
 
 Ae^reements 
 
 o('mj)anies to ^'.v fl^i^ Act to enter into agroomonts with any other railway 
 
173 
 
 company for connections^ riiiming arrangeincnt.s, sale, lease, ^"^j^-j^t 
 amalgamation or hiring of the said railway, shall be subject Kaifwly Com 
 to such terms, conditions and regulations as may be pro- 
 vided and enacted by any general or special Act or Acts, 
 which may at the time such agreement is entered into be 
 in force, and to such terms, conditions and regulations, 
 general or special, as the Railway Committee of the P]xccu- 
 tive. Council oC Ontario may from time to time order. 
 
 19. The Company may take, transport, carry and convey Carrying 
 goods upon its railway, but no freight or express cars shall 
 
 be carried along any public highway unless and until the 
 size and number of cars and motors to be used therewith, 
 and the hours of running the same, have been approved by 
 the Eailway Committee of the Executive Council of Ontario, 
 nor shall any freight- service be operated until authorized 
 and except as directed by the said Eailway Committee. 
 
 20. The Company may and is hereby empowered to change Changing 
 the gauge of its line of railway heretofore constructed 
 
 to the standard gauge of four feet, eight and one-half inches, 
 and the extension hereby authorized may be either of the 
 present gauge- of the railway heretofore constructed, or of 
 the gauge of four feet, eight and one-half inches. 
 
 23. The Company may make uniform special rates for Rates for per- 
 the carriage of fruits, milk, and other perishable freight. ^^^^ ?:oods 
 
 25. Notwithstanding anything contained in this Act or in Exclusive 
 any Statute of the Province, no Municipality shall have 
 
 ^ ' ^ , , to be granted. 
 
 power to grant to the said railway any exclusive rights, 
 privileges or franchises as to the transmission of electrical 
 energy for power, light and heat over or across any public 
 highway or street in the said municipality. 
 
 27. The Company shall not increase the fares now charged Fares on 
 by it from the City of Toronto to Long Branch and inter- P'^'^"* 
 mediate points, or from Long Branch to the said city and 
 intermediate points, without the consent of and as directed 
 by the Railway Committee of the Executive Council of 
 Ontario. 
 
174 
 
 29. The Company may deviate from its right of way 
 within the limits of the City of Toronto to the north from 
 their present line of railway for the purpose of connecting 
 its tracks with the tracks of the Grank Trnnk Eailway Com- 
 pany at or near Swansea, and also for the purpose of running 
 its said tracks to a station or terminal grounds north of its 
 present tracks and south of the Grand Trunk Eaiiway tracks, 
 and west of the present easterly terminus of the line of the 
 Company and not otherwise; such deviations shall be subject 
 ta the approval of the Eailway Committee of the Executive 
 Council of Ontario. 
 
 30. Nothing herein contained except sections 1, 6, 7, 8, 9, 
 10, 11, 12, 18, 19, 20, 23, 25, 26, 27, 28 and 29 shall apply 
 to the Company or the undertaking within the limits of the 
 City of Toronto unless with the consent and approval by 
 by-law of the Municipal Council of the said City'. 
 
 31. Nothing in this Act contained shall be construed to 
 extend the time limited by any existing agreement for fran- 
 chise rights with any municipality. 
 
 58 Vict. c. 43 (Ont.) (R. S. 0. c. 227). 
 
 An Act respecting Municipal Arbitrations. 
 
 [Assented to 16th April 1895.] 
 
 HEE MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 Short title. 1. This Act may be cited as The Municipal ArUtrations Act. 
 
 2. — (1) Notwithstanding anything contained in The Muni- 
 cipal Act or any other Act, all claims against the corporation 
 of a city, containing a population of 100,000 or more, for 
 compensation or damages, under section 437 of The Munici- 
 pal Act, and all other claims and questions arising under 
 any lease or other contract, to which the corporation is a 
 party, and which, by law, or by the terms of the contract, 
 are to be decided by the award of one or more arbitrators, 
 shall be heard and determined by an official referee, to be 
 appointed by the Lieutenant-Governor in Council and to 
 he called the Official Arbitrator. 
 
 Appointment 
 of official 
 arbitrator. 
 
 Rev. Stat., 
 G. 223. 
 
175 
 
 (2) The Official Arbitrator shall be deemed to be an offi- 
 cer of the iTigh Court and shall not act as solicitor or counsel 
 for or against the municipality in which he is such arbitra- 
 tor^ in any case in which the said municipality is interested. 
 
 (3) He shall be a barrister of at least ten years' standing 
 at the Bar of Ontario. 
 
 (4) The Official Arbitrator shall have all tlie powers of an •'owers. 
 official referee under The Judicature Ad and otherwise, and Rev. Stat., 
 shall hold his office upon the same tenure as an official re- ^- 
 
 feree. 
 
 (5) The Official Arbitrator shall have all the powers of an Rev. Stat., 
 arbitrator under The Municipal Act, and he shall likewise ^' 
 
 have the powers of other arbitrators generally. 
 
 (6) The Official i^rbitrator shall have also, as respects pro- ^'ij^^Jj^j^^^^^itra 
 ceedings before him, the powers of a Judge of the Higli tor. 
 Court, including the production of books and papers^ the 
 amendment of notices for compensation or damage^ and of 
 
 all other notices and proceedings, the rectification of errors 
 or omissions, the time and place of taking examinations and 
 views, the assistance of engineers, surveyors, or other experts, 
 and as respects all matters whatsoever incident to the trial 
 and decision of matters before him, or proper for doing com- 
 plete justice therein between the parties^ including the ques- 
 tion of costs, 
 
 3. In case any person interested in any such claim or Commence- 
 question, as aforesaid, desires the same to be determined by S^edingsunder 
 the Official Arbitrator for the City, he shall give to the City 
 
 Clerk and to the other party or parties interested, seven, clear 
 days' notice that the same is so referred, specifying, therein, 
 the nature of the claim or question to be determined, and the 
 amount in controversy, and upon such notice, with sufficient 
 proof of the service thereof, as aforesaid, being • filed with 
 him, the Official Arbitrator may proceed to hear and deter- 
 mine the matters so referred to him. 
 
 4. In the event of the Official Arbitrator proceeding partly When arbitra- 
 on view or upon any special knowledge or skill possessed by ^as^mf fn^ 
 himself, he shall put in writing as part of his reasons a state- writing, 
 ment of such matter sufficiently full to allow the Court of 
 
 Appeal to determine the weight which should be attached 
 thereto. 
 
 5. The award of the Official Arbitrator, with his notes of Filing award 
 evidence and exhibits, and the reasons of his decision, shall report, 
 be filed in the office of the Registrar of the Court of Appeal, • 
 
 and notice of the filing shall forthwith be given by the Offi- 
 cial Arbitrator to the parties appearing upon the reference. 
 
176 
 
 Extending or to tlieir solicitors ; and upon the request of any one of the 
 evidence. parties interested in the inquiry, the notes of the shorthand 
 writer shall be extended by him, and upon payment of his 
 proper fees therefor, shall be filed with the said Eegistrar. 
 
 Fees to be 6. The award when filed with the Eegistrar of the Court 
 awid rnTde ^f Appeal shall not be made public until all the fees payable 
 public. 5y the parties have been paid to the said Official Arbitrator. 
 
 Appeal to 7. The award of the Official Arbitrator may be appealed 
 Appea?^ against to the Court of Appeal in the same manner as the 
 decision of a Judge of the High Court sitting in Court is 
 appealed therefrom; and shall be binding and conclusive 
 upon all parties thereto unless appealed from within one 
 month after the taking up of the same. 
 
 8. . The time of any vacation of the High Court or of the 
 Court of Appeal shall not be reckoned in the computation 
 of the time for doing any act or taking any proceeding in 
 appealing as aforesaid to the Court of Appeal. 
 
 Giving out '9. In case of no appeal the exhibits may be delivered out 
 
 exhibii-s when " " ' ' " 
 
 no appeal . 
 
 to the parties entitled to the same at the expiration of the 
 time limited for appealing. 
 
 Transferring 10. Where a party brings an action for damages in a case 
 a?bi^rator. which, according to the opinion of the* Court in which the 
 action is brought, or a Judge thereof, the proper proceeding 
 is under this Act, the Court or Judge, on the application of 
 either party, or otherwise, may order the action to be trans- 
 ferred to the Official Arbitrator at any stage of the action, and 
 . on such terms as to costs and otherwise as the Court or Judge 
 may see fit, and the Official Arbitrator shall thereupon give 
 such directions as to the prosecution of the claim before him 
 as may seem just or convenient, and subject to the provisions, 
 if any, in respect thereto in the order of transfer, the costs 
 of the proceedings shall be in the discretion of the Official 
 Arbitrator. 
 
 How costs to 11. Costs, if given by the Official Arbitrator, shall be 
 be taxed. ^^^^^ ^^le taxing officers of the High Court, and 
 
 shall be payable upon such scale and to such parties as may 
 be determined by the said Official Arbitrator. 
 
 Fees of 12. — (1) The said Official Arbitrator shall receive for his 
 
 tiator""^ services, while sitting upon any arbitration proceeding, at the 
 rate of $20 per day, or a proportionate part thereof, where a 
 sitting upon any one day occupies less than a whole day; and 
 for a meeting, at which the cause is not proceeded with, but 
 an enlargement or postponement is made at the request of 
 
177 
 
 any party, $4. One-half of the said fees shall be payable 
 by each of the parties thereto^ if only two parties are inter- 
 ested, and proportionately by all parties interested if a larger 
 number than two are so interested, but the Official Arbitrator 
 shall have power by his award to determine that any sum so 
 paid or payable for fees may be recoverable by any one or 
 more of the parties thereto from any other or others of the 
 parties thereto, and the said fees shall be recoverable as any 
 other costs of the sitting. 
 
 (2) In case the award of the Official Arbitrator is not J^^covery of 
 
 . . . tees . 
 
 taken up within thirty days after the service of notice of 
 filing thereof upon the parties, he may sue for and recover 
 his fees or expenses from any one or more of the parties to 
 the arbitration, in any Court of competent jurisdiction. But 
 nothing herein shall prejudicially affect the right of the Ar- 
 bitrator to recover his fees or expenses in any way in which 
 they may now be recovered. 
 
 13. — (1) The Lieutenant-Governor in Council may ^^^^ "^f^a^^egj^®"*^ 
 appoint, for such municipality, an assessor of sound judg- 
 ment, experience and knowledge in, and as to matters relating 
 to, real property within such municipality, to sit with the 
 Official Arbitrator, upon arbitrations as hereinafter provided. 
 
 (2) The assessor shall be called upon by the Official In what cases 
 
 ; 1 . / . r J called in. 
 
 Arbitrator — 
 
 (a) In any arbitration pending before him, upon the re- 
 quest of all parties to the arbitration, and at any stage of the 
 proceedings. 
 
 (h) When the Official Arbitrator desires his advice and as- 
 sistance, and no party to the proceedings objects thereto, at 
 the time he is so called in. 
 
 (3) The said assessor shall not make, or join in the award, 
 but shall otherwise give the Official Arbitrator such assist- 
 ance as he may require. 
 
 (4) The assessor shall receive for his services, while sit- Assessor's 
 ting on any arbitration proceeding as aforesaid, at the rate of 
 
 $10 per day, or a proportionate part thereof, where a sitting 
 on any one day occupies less than a whole day; and for a 
 meeting where the cause is not proceeded with, but an en- 
 largement or postponement is made at the request of any 
 party, $2. 
 
 (5) The fees of the assessor shall be payable by the same How payable 
 parties, and in the same proportion and manner^ and shall be 
 recoverable in the same way as those of the arbitrator and 
 
 12 
 
178 
 
 shall be treated, in all respects, in the same manner as the 
 fees of the arbitrator, as to the ultimate pa3anent thereof, 
 and as to the manner of such payment. 
 
 Supreme l^'" (1) '^^^^^ Judges of the Supreme Court shall have the 
 
 Court. same authority for making general rules and orders with 
 
 respect to matters under this Act as they have in respect to 
 proceedings under The Judicature Act, and also to frame 
 Rev^ Stat., ^^^jgg fggg p^-^. sections 122 to 125 of The 
 
 Judicature Act shall apply thereto. 
 J^IJ^lication of (2) Such rules and tariffs shall be published in the On- 
 tariff. tario Gazette, and shall thereupon have the force of law, and 
 
 the same shall be laid before the Legislative Assembly at its 
 
 next session after such publication. 
 
 Act^extended^ 15. This Act shall extend and apply to the County of York 
 and to the Township of York, and to any municipality which 
 by by-law declares that it is the desire of such municipality 
 to be brought within the provisions of this Act; and in such 
 case this Act shall be read as though it had been expressly 
 made to apply to such municipality by the terms thereof. 
 
 Official arbi- WThere any municipality, other than the City of Toronto, 
 
 trator may ^ „ . 
 
 appointed. the County of York or the Township of York, has by by-law 
 declared or shall hereafter declare that it is the desire of the 
 municipality to be brought M^thin the provisions of this Act, 
 an Official Arbitrator shall be aj^pointed for such munici- 
 pality by the Lieutenant-Governor in Council, and shall have 
 and exercise within such municipality all the powers con- 
 ferred upon the Official Arbitrator by this Act. 
 
 ^law bnng ^^"^ "^^^ council of any municipality which has passed a 
 
 ing Act into by-law under section 15 of this Act may repeal the same by 
 force. by-law passed at any time after the expiration of six months 
 
 from the passing of such first-mentioned by-law, and upon 
 the passing of such repealing by-law this Act shall cease to 
 apply or be in force in such municipality. 
 
 Act incorpor- 16. This Act shall be read with and as part of The Muni- 
 
 ated with Rev. • -, a, 
 
 Stat., c. 223. Act. 
 
 2 Edw. VII. c. 107 (Dom.) 
 
 An Act to Incorporate the Toronto and Niagara 
 Power Company. 
 
 [Assented to 15th May, 1902.'] 
 
 Preamble. TTTHEREAS the persons hereinafter named have, by their 
 VY petition, prayed that it be enacted as hereinafter set 
 forth, and it is expedient to grant the prayer of the said 
 
179 
 
 petition : Therefore His Majesty, by and with the advice and 
 consent of the Senate and House of Commons of Canada, 
 declares and enacts as follows: — 
 
 1. James Eoss, of the City of Montreal, William Macken- JjJ^^^^f''*''*' 
 zie, of the City of Toronto, Henry M. Pellatt, Frederick 
 Nicholls and Samuel George Beatty, of the City of Toronto, 
 together with such persons, as become shareholders in the 
 Company, are incorporated uncl(?r the name of "The Toronto Corporate 
 and Niagara Power Company/^ hereinafter called "the Com- ' ' 
 pany." 
 
 2. The works authorized by this Act are declared to be for Declaratory, 
 the general advantage of Canada.. 
 
 3. The persons named in section 1 of this Act are consti- Provisional 
 tuted the first or provisional directors of the Company. 
 
 4. The capital stock of the Company shall be three million Capital stock, 
 dollars, divided into shares of one hundred dollars each. 
 
 6. The head office of the Company shall be at the City of Head office. 
 Toronto, or at such other place in Canada as is from time to 
 time determined by by-law of the Company. 
 
 6. The annual general meeting of the shareholders of the Annual 
 Company shall be held on the first Monday in November in 
 
 each year, or at such other date as may be fixed by by-law of 
 the Company. 
 
 7. At the first meeting of shareholders^ and at each annual Election of 
 meeting, the shareholders assembled who have paid all calls 
 
 due on their shares, shall choose not less than five nor more 
 than seven persons as directors of the Company, the number 
 to be determined by by-law, and a majority of the directors 
 shall form a quorum, and one or more may be paid directors, 
 and the directors may pass by-laws for the conduct of the 
 affairs and business of the Company. 
 
 '8. Aliens and f orei^ corporations may, equally with Aliens may be 
 British subjects, become shareholders in the Company, and and directs s. 
 may vote upon their shares. No person shall be elected a Q^jg^ng^^^j^^^ 
 director unless he is a shareholder owning stock absolutely in of directors, 
 his own right and not in arrear in respect of any call thereon ; 
 and aliens shall have the same rights as British subjects of 
 being directors, but the majority of the directors shall be 
 residents of Canada. 
 
 9. The Company may acquire lands and erect, use and Motive power, 
 manage works, machinery and plant for the generation^ trans- 
 mission and distribution of ekctric and other power and 
 energy. 
 
180 
 
 Water and JQ. The Company may acquire and utilize water and steam 
 
 steam power. n ii « 
 
 power tor the purpose of compressing air or generating elec- 
 tricity, and may sell, dispose of and distribute the same either 
 as water power or other power, or by converting the same into 
 electricity or other force for any purpose for which electricity 
 or other power can be used. 
 
 Hydraulic and n rpj^^ Company may supply hydraulic, electric or other 
 electncpower. p ^ 1 1 j j > 
 
 power by means of cables, machinery or other appliances, and 
 at such rates and upon such conditions as are agreed upon, 
 and the Company may contract with any company or person 
 having erected or having power to erect a bridge or viaduct 
 across the Niagara Eiver, for permission, npon such terms as 
 are agreed upon, to carry one or more wires for electric power 
 or other purpose upon and over the said bridge or viaduct 
 neTwirir"' towards the United States shore of the Niagara River, and 
 with U. S. connect the same with the wires of any electric or other com- 
 compames. pany in the United States, for the purpose of enabling the 
 Company to furnish and guarantee continuous power for the 
 uses proposed to be served by the Company, and may contract 
 with such company to work the said electric or other power 
 jointly, or may acquire any existing contract of such char- 
 acter. 
 
 eJectrfc^^ower "^^^ Company may acquire, construct, maintain and 
 
 e ec ricpo>\er. ^^^^^^^ works for the production, sale and distribution of 
 electricity and power, for any purpose for which such elec- 
 tricity or power can be used, and may construct, maintain 
 and operate lines of wire, poles, tunnels, conduits and other 
 works in the manner and to the extent required for the 
 corporate purposes of the Company, and may conduct, store, 
 sell and supply electricity and other power, and may, with 
 such lines of wire, poles, conduits, motors or other conduc- 
 tors or devices, conduct, convey, furnish or receive such 
 electricity to or from any person, at any place, through, over, 
 along or across any public highway, bridges, via'ducts, rail- 
 ways, watercourses, or over or under any waters, and may 
 enter upon any lands on either side of such lines or conduits, 
 and fell or remove any trees or limbs thereof, or other ob- 
 structions necessary, in the opinion of the engineer of the 
 Expropriation Company, to guard the safety of such lines or conduits, and 
 powers. the Company may enter upon any private property and sur- 
 vey, set ofi and take such parts thereof as are necessary for 
 such lines of wire, poles or conduits, and in case of disagree- 
 ment between the Company and any owner or occupier of 
 lands which the Company may take for any of the purposes 
 aforesaid or in respect of any damages done thereto by con- 
 structing the said lines, poles or conduits upon the same, the 
 
181 
 
 provisions of The Railway Act hereinafter incorporated, shall 
 apply, but nothing licrein contained shall give the Company 
 the right to expropriate water powers. 
 
 13. The Company may erect poles^ construct trenches or Works for 
 conduits and do all other things necessary for the transmis- powV?^"^ 
 sion of power, heat or light as fully and effectually as the 
 circumstances of the case may require, provided the same are ^''^^'^o- 
 so constructed as not to incommode the public use of streets, 
 highways or public places or to impede the access to any 
 
 house or other building erected in the vicinity thereof, or to 
 interrupt the navigation of any waters, but the Company 
 shall be responsible for all damage which it causes in carry- 
 ing out or maintaining any of its said works. 
 
 14. The directors may make and issue as paid up and non- Issue of paid 
 assessable stock, shares in the Company in payment for any"^^^^^'^' 
 contract, franchise, property, undertaking, privilege, right or 
 
 power which may be assigned or transferred to it or which it 
 may acquire by virtue of this Act, at such rate as they deem 
 expedient, to engineers or contractors or for right of way, 
 material, plant, buildings or lands, or the construction or 
 equipment of the works or any part thereof, or for services 
 rendered in placing or assisting to place or guaranteeing the 
 placing of any of the shares or other securities of the Com- 
 pany or in or about the promotion of the Company or the 
 conduct of its business 
 
 15. The directors may, from time to time, issue bonds of Bond issue, 
 the Company for the purpose of raising money for prosecut- 
 ing the said undertaking, but the whole amount of the issue 
 
 of such bonds shall not exceed in all the sum of one million 
 five hundred thousand dollars, which shall, as therein pro- 
 vided, be a charge upon the works, franchise, plant and under- 
 taking of the Company, and be payable at such times and 
 places and be sold at such price as the directors from time to 
 time determine, and the Company may,, from time to time, 
 for advances of money to be made thereon, mortgage or 
 pledge any bonds which, under the authority of this Act, 
 they have power to issue. 
 
 16. The Company may take and hold stock in ajiy corpor- Stock in other 
 ation created for or engaged in the business of using or sup- °o"'P^"^^s- 
 plying water from the Niagara or Welland Eiver, or of any 
 corporation created for or engaged in the use of power, light 
 
 or heat derived from such water or otherwise, and may hold 
 stock in any corporation which contracts to purchase, lease or 
 use any power or property of the Company, and its stock may 
 also be owned, held and voted upon by any such corporation 
 acquiring such stock. 
 
182 
 
 Telephone and 
 telegraph line. 
 
 17. The Company may construct a telephone line and tele- 
 graph line in connection with and for the purpose only of its 
 own works and business. 
 
 Surveys. 18. The Company may take and make the surveys and 
 
 levels of the lands through or under which the works of the 
 Company are to pass or to be operated, together with the 
 map or plan thereof, and of the course and direction of the 
 said works and of the lands intended to be passed through or 
 under so far as then ascertained, and also the book of refer- 
 ence for the works, and deposit the same as required by The 
 
 1888, c. 29. Railway Act with respect to plans and surveys, by sections 
 or portions less than the whole length of the said works, and 
 of such length as the Company from time to time sees fit ; and 
 apon such deposit as aforesaid of the map or plan and book 
 of reference of any and each of such sections or portions of 
 the said works all the actions of The Railway Act applicable 
 thereto shall apply to each of such sections or portions of 
 the said works as fully and effectually as if the said surveys 
 and levels had been taken and made of the lands through or 
 under which the whole of the said works are or were to pass, 
 together with the map or plan of the whole thereof, and of 
 their whole course and direction, and as fully as if the book 
 of reference for the whole of the said works had been taken, 
 made, examined, certified and deposited according to the 
 said sections of The Railway Act. 
 
 19. The Company shall erect and maintain on each side of 
 the land expropriated by the Company, fences and gates as 
 fully as required by The Railway Act, and for this purpose 
 sections 194 to 199, inclusive, of The Railway Act, shall 
 apply so far as applicable. 
 
 Queen 20. None of the works hereby authorized shall be con- 
 
 \^ctoria, etc., g^p^^ted or the powers given by this Act exercised within the 
 present limits of the Queen Victoria Niagara Falls Park ex- 
 cept with the consent of the proper authorities. 
 
 1888, c. 29. 
 
 " (Company " 
 defined . 
 
 "Railway " 
 defined . 
 
 21. Sections 40 to 61, both inclusive, section 90, sections 
 93 to 98, both inclusive, and sections 136 to 169, both in- 
 clusive, of The Railway Act shall apply to the Company and 
 its undertakings in so far as the said sections are not incon- 
 sistent with the provisions of this Act, and subject to the 
 following : — 
 
 {a) Wherever in the said sections of The Railway Act the 
 word " company " occurs, it shall mean the Company hereby 
 incorporated. 
 
 (h) Wherever in the said sections of The Railway Act the 
 word " railway occurs, it shall, unless the context otherwise 
 
183 
 
 requires and in so far as it applies to the provisions of this- 
 Act, mean the works, conduits, lines, cables, or other works ' 
 authorized by this Act to be constructed or acquired. 
 
 (c) Wherever in the said sections of The Railway Act ^^^- [l^^^^ " 
 word " land " occurs^ it shall include any privilege or ease- 
 ment required by the Company for constructing the works 
 authorized by this Act, or any portion thereof, over and along 
 any land, without the necessity of acquiring a title in fee 
 simple thereto. 
 
 22. Sections 9, 18 and 39 of The Companies Clauses Act R.S.C., c.lia 
 shall not apply to the Company. 
 
 61 Vict. c. 65 (Out.) 
 
 An Act to Amend the Act of Incorporation of the 
 Toronto and Scarborough Electric Railway, 
 Light and Power Company (Limited). 
 
 [Assented to 17th January^ 1898.'] 
 
 WHEREAS a petition has been presented by the Toronto 
 and Scarborough Electric Eailway, Light and Power 
 Company ( Limited )j praying that an Act may be passed 
 empowering the Company to construct and operate their rail- 
 way along Queen Street East, across the municipality of the 
 Village of East Toronto ; and whereas it is expedient to grant 
 the prayer of the said petition; 
 
 Therefore Her Majesty, by and with the advice and consent 
 of the Legislative Assembly of the Province of Ontario, en- 
 acts as follows: — 
 
 1. The Toronto and Scarborough Electric Eailway, Light Location of 
 and Power Company (Limited), are hereby authorized and gj^jf^^^" 
 empowered to construct, maintain, complete and operate (on 
 all days except Sundays), and from time to time to remove, 
 change and repair as required, an iron or steel railway track 
 or tracks, with the necessary sidetracks, switches and turn- 
 outs, for the passage of cars and other vehicles adapted to 
 the same, over, along and upon the original allowance for a 
 road between the first concession from the Bay and the broken 
 front thereof, known as Queen Street East, from its intersec- 
 tion with the westerly limit of the Village of East Toronto 
 to its intersection with the easterly limit of the said Village, 
 and save as varied by this Act, upon, under and subject to 
 
184 
 
 ail the terms, covenants, agreements, conditions and obli- 
 gations contained in the agreement, dated the 16ih day of 
 November, 1892, made between the Corporation of the Village 
 of East Toronto and the said Railway Company, which is 
 incorporated in and confirmed by the Act of Incorporation 
 of the Company, passed by the Legislative Assembly of the 
 Province of Ontario, in the fifty-sixth year of the reign of 
 Her Majesty Queen Victoria (1893), chapter 102, without 
 let or hindrance from the said municipality, or any person 
 or persons whomsoever. 
 
 P(;wers of Act 
 not to be 
 exercised um 
 agreement 
 entered into 
 for sp(5cial 
 class of 
 tickets. 
 
 2. The powers by this Act conferred ehall not be exercised 
 1 by the said Toronto and Scarborough Electric Railway, Light 
 and Power Company, Limited, until the said Company has 
 entered into an agreement with the Toronto Railway Com- 
 pany for the issue of a special class of return tickets from 
 any point on the line of the said The Toronto and Scarbor- 
 ough Electric Railway, Light and Power Company, Limited, 
 in the Village of East Toronto, to any point on the line of 
 the Toronto Railway in the City of Toronto, at the rate of 
 ten cents for each return or round trip ticket, to be good 
 between the hours of' six o'clock and eight o'clock in the fore- 
 noon, and between the hours of five o'clock and half-past 
 six o'clock in the afternoon, on the Toronto Railway, and 
 five o'clock and seven o'clock on the Toronto and Scarbor- 
 ough Electric Railway ; and also for a special class of return 
 tickets at the rate of ten cents for each return or round trip , 
 ticket to be good on statutory holidays and civic holidays in 
 the City of Toronto or the Village of East Toronto, and on 
 Saturday from twelve o'clock noon to seven o'clock in the 
 afternoon; and also for the issue of a special class of return 
 tickets from any point on the line of The Toronto and Scar- 
 borough Electric Railway, Light and Power Company, 
 Limited, 'in the Village of East Toronto, to any point on the 
 line of the Toronto Railway in the City of Toronto,, at the 
 rate of fifteen cents for each return or round trip ticket, to be 
 good during all the hours of the day; and the said The To- 
 ronto and Scarborough Electric Railway, Light and Power 
 Company, Limited, shall issue the said classes of tickets and 
 sell the same at the said rates good from any point on the 
 line of the said Company in the Village of East Toronto to 
 any })oint on the line of The Toronto Railway in the City of 
 Toronto and return, and transfer arrangements shall be made 
 if necessarv. 
 
 Ho\ir.s at 3. The said Company shall operate and run a car or cars 
 
 which cars to ^^^j. y^^^^ ^^.^^ ^^le terminus of its line at the junction 
 
 run . 
 
 of the Kingston Road with Queen Street to the corner of 
 Gerrard and Main Street in tlie said Village, at least every 
 
185 
 
 lialf hour, between the hours of six o'clock in the forenoon 
 and half-past eleven o'clock in the afternoon, the Company 
 to run the last car from the said junction to the Village of 
 East Toronto at half-past eleven o'clock in tlie afternoon. 
 
 4. Passengers from any point on the railway in the Village andTrlTm 
 of East Toronto to Munro Park shall be entitled on payment Queen Street 
 of one single fare to a free transfer at the Woodbine June- 
 tion to the cars of The Toronto Eailway running east to the 
 Park, and passengers from Munro Park to any point on the 
 railway in the Village of East Toronto shall be entitled on 
 the payment of one single fare to a free transfer at the Wood- 
 bine Junction to the cars of the Toronto and Scarborough 
 Eailway running to any part of the Village. 
 
 ' 61 Vict. c. 66 (Ont.) 
 
 All Act to Incorporate the Toronto and York 
 Kadial Railway Company. 
 
 [Assented to 17th January, 1898.'] 
 
 WHEREAS Wilmot Deloui Matthews, of the City of To- Preamble, 
 ronto, in the County of York^ Grain Dealer; Edward 
 Frederick Clarke, of the City of Toronto aforesaid, Insurance 
 Manager; Charles Henry Ritchie, of the City of Toronto 
 aforesaid, one of Her Majesty's Counsel learned in the law; 
 James Gunn, of the City of Toronto aforesaid, Superintend- 
 ent, and Archibald Campbell,, of the Town of Toronto Junc- 
 tion, in the County of York, Merchant Miller, have prayed 
 for incorporation under the name of " The Toronto and York 
 Radial Railway Company," and for power to acquire and take 
 over the franchises, rights, powers, privileges and property of 
 the several and respective railway companies hereinafter men- 
 tioned, and for other powers; and it is expedient to grant the 
 prayer of the said petition ; 
 
 Therefore Her Majesty, by and with the advice and consent 
 of the Legislative Assembly of the Province of Ontario, en- 
 acts as follows: 
 
 1. The said Wilmot Deloui Matthews, Edward Frederick Incorporation. 
 Clarke, Charles Henry Ritchie, James Gunn and Archibald 
 
186 
 
 Campbell, and such other persons and corporations as shall 
 hereafter become shareholders' of the said Company, are here- 
 by incorporated and constituted a body politic and corporate 
 under the name of " The Toronto and York Eadial Eailway 
 Company/'* and are hereinafter referred to as " the Company." 
 
 " Vendors " 
 to mean cer- 
 tain com- 
 panies. 
 
 Acquiring 
 franchises, 
 etc., of 
 vendors . 
 
 2. The expression "the vendors/' wherever the same oc- 
 curs in this Act, shall mean all or any of the following com- 
 panies, namely : The Toronto and Scarborough Electric Eail- 
 way, Light and Power Company (Limited) ; The Toronto 
 and Mimico Electric Eailway and Light Company (Limited) ; 
 The Toronto Suburban Street Eailway Company (Limited), 
 and the Metropolitan Eailway Company. 
 
 3. The Company may, from time to time, acquire by con- 
 tract of purchase, lease, license, or other form of contract, 
 any undertaking, railway, franchise, right, power, privilege 
 or other real or personal property of the vendors, save as here- 
 inafter provided. 
 
 Agreements 
 with vendors. 
 
 4. The respective boards of directors of the Company and 
 of the vendors may enter into any contract or agreement for 
 any of the purposes aforesaid, but every such contract shall 
 be subject to the observance, performance and fulfilment by 
 the Company of all and every the terms, covenants, agree- 
 ments, provisoes and obligations contained in any agreement 
 with any municipal corporation with reference to the railway 
 to be acquired by virtue thereof, and no such agreement shall 
 be operative until it shall have been approved by a vote of 
 two-thirds in value of the shareholders voting in person or by 
 proxy at special general meetings of the Company and of the 
 vendors respectively duly called for the purpose of consider- 
 ing the same. 
 
 Company to 
 be liable for 
 debts of 
 vendors. 
 
 5. Upon the acquisition by purchase of any undertaking 
 of the vendors, the Company shall assume and be liable for 
 all the liens and charges upon the undertaking, and for all 
 the debts and liabilities of the vendors thereof. 
 
 Transfer of 
 franchises, 
 etc., from 
 vendors to 
 company. 
 
 6. After the approval by the shareholders of any such 
 agreement as aforesaid, the rights to be acquired by the Com- 
 pany by virtue of the agreement shall be transferred to them 
 by the vendors by indenture, and upon the execution thereof, 
 the Company shall be vested with and entitled to the under- 
 taking, railway, franchises, rights, powers, privileges and 
 other real and personal property of the vendors, together 
 with the full benefit of all agreements made by the vendors 
 
187 
 
 with any municipal corporatioiij and upon any absolute pur- 
 chase by the Company of the undertaking of the vendors^ 
 the Company shall be substituted for and shall stand in the 
 place of the vendors in every agreement with every such 
 municipal corporation and shall be entitled to the full bene- 
 fit of all renewals provided for in every such agreement or 
 by-law, and may construct and operate any extension of the 
 railwa}^, and shall have the absolute right to exercise all the 
 franchises, rights, powers and privileges of the vendors, save 
 as hereinafter provided. 
 
 7. The Company may from time to time acquire from any Acquiring 
 shareholder of the vendors any or all the shares of the capital "vendors' ct 
 stock in any undertaking which the Company is authorized p^'^^®^- 
 to purchase, and the directors of the Company may by by- 
 law appoint any person or persons to act for and represent 
 the Company at any meetings of the shareholders in any 
 undertaking in which the Company shall hold stock, and 
 every such person shall be deemed to hold such stock in his 
 own right and shall be eligible for election as a director 
 in respect thereof. 
 
 ^ ^ 4: & 
 
 23. Nothing in sections 3^ 4, 6 and 7 of this Act contained Act not to 
 shall confer any powers upon the Company other than those of ^vendorr^^^ 
 possessed by the vendors ; nor be taken or deemed to enlarge when^trans- 
 or extend the powers so acquired so as to confer upon the company 
 Company the right to exercise the powers and franchises 
 acquired from any other company named herein as one of the 
 vendors, in any other locality or to any greater extent than 
 
 may now be done by such other company under its Act or 
 charter of incorporation^ or any amendments thereto or un- 
 der any agreement or agreements entered into by such ven- 
 dors with any municipal corporation; nor shall anything in 
 this Act contained impair,, alter, affect or prejudice any 
 agreement between the vendors or any of them and any 
 municipal corporation or . any obligation thereunder, nor shall 
 anything herein contained alter or affect any agreement be- 
 tween The Toronto Eailway Company and the Corporation 
 of the City of Toronto or any obligations thereunder. 
 
 24. Notwithstanding any of the powers now' vested in any Company not 
 of the said vendors, nothing in this Act shall be deemed to ^^^^jSHn 
 confer on the said Company the right to sell or lease electric Toronto, 
 light or power within the present limits of the City of 
 Tor£)nto, and the said Company shall not have such rights. 
 
188 
 
 6 Edw. VII. c. 124 (Ont.) 
 
 An Act respecting The Toronto and York 
 Kadial Kailway. 
 
 [Assenied to IJ^th May, 1906.] 
 
 Preamble. VTTHEREAS by chapter 66 of the Statutes of 1898, 61 
 Victoria, the Toronto and York Eadial Eailway Com- 
 pany, hereinafter called the Company, was empowered to 
 acquire, as therein provided, the undertakings, railways,, fran- 
 chises, rights, powers, privileges and other real and personal 
 property of the Toronto and Scarboro' Electric Eailway, 
 Light and Power Company, Limited, the Toronto and 
 Mimico Electric Eailway and Light Compan}^, Limited, and 
 the Metropolitan Eailway Company, and has so acquired 
 the undertakings, railways, franchises, rights, powers, privi- 
 leges and other real and personal property of the said com- 
 panies ; and whereas it is desirable to extend the time limited 
 for the construction of the Company's railways and to grant 
 the Company certain additional powers; and whereas the 
 Company by its petition has prayed that it may be enacted as 
 hereinafter set forth ; and whereas it is expedient to grant the 
 prayer of the said petition; 
 
 Therefore His Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows: 
 
 Toronto and 1. The Company may lay out, construct and operate the 
 Ky. Co. railways,, extensions, and branches Avhich the Toronto and 
 iTy out^^con " Scarboro' Electric Eailwa}^, Light and Power Company, Limi- 
 structand ted, the Toronto and Mimico Electric Eailway and Light 
 Sin^^r^iiway.s Company, Limited, and the Metropolitan Eailway Company 
 
 were, by the Acts relating to such companies, empowered to 
 
 lay out, construct and operate. 
 
 Certain agree- 3. jSTothing in this Act Contained shall in any wise revive 
 {JJfaffected. Or affcct any agreement between the Corporation of the Oity 
 of Toronto or any municipal corporation and the Company, 
 or between the said Corporation or Corporations and the 
 Toronto and Scarboro' Electric Eailway, Light and Power 
 Company, Limited, the Toronto and Mimico Electric Eail- 
 way and Light Company, Limited, the Metropolitan Eailway 
 Company, the Toronto Eailway Company, or any or all of 
 said companies, nor enlarge or impair any right, obligation 
 or liability accrued, accruing or established under any such 
 
189 
 
 agreement; nor shall anything in this Act have the effect of 
 reviving any rights or powers heretofore possessed by any 
 of the said companies within the City of Toronto which have 
 expired. 
 
 6. The Company may pLircliane, lease or acquire and hold Furchaising, 
 for any estate in the same, and may sell, leasCj, alienate, or seiiing lands 
 morto^aoje any lands or premises intended and necessary or suitable for 
 
 o o J r J market or park 
 
 suitable for market or park purposes^ but no lands shall be j)urposes. 
 so purchased, leased or acquired for market purposes within 
 the limits of the City of Toronto without the consent of The 
 Ontario Eailway and Municipal Board. 
 
 7. The railways mentioned in the Acts relating to the p/g^f^^^^^^'"^ 
 Toronto and Scarboro' Electric Eailway Light and Power operation of 
 Company, Limited, the Toronto and Mimico Electric Eailway [f^l^^^^ ''^^^]' 
 and Light Company, Limited, and the Metropolitan Eailway tain Acts. 
 Company, and in this Act, shall be constructed and put in 
 operation within five years from the passing of this Act, other- 
 wise the powers granted for such construction shall cease and 
 
 be null and void with respect to so much of the said lines as 
 then remains uncompleted. 
 
 6 Edw. VII. c. 59 (Ont.) 
 An Act respecting the Toronto General Hospital. 
 
 [Assented to IJfth May^ 1906.] 
 
 HIS MAJESTY, by and with the advice and consent oi Preamble, 
 the liegislative Assembly of the Province of Ontario, 
 enacts as follows; — 
 
 1. This Act may be cited as The Toronto General Hospital ^hort title. 
 Act, 1906. 
 
 INTERPRETATION. 
 
 2. Where the words following occur in this Act they shall Meaning of 
 be construed in the manner hereinafter mentioned unless a ^^^^ 
 contrary intention appears. 
 
 (a) "The Hospital" shall mean the Toronto General "The 
 
 Hospital. Hospital." 
 
190 
 
 " 'l^he 
 Trustees." 
 
 'Subscribers. 
 
 " The 
 
 Corporation." 
 
 "The Board." 
 
 (h) "The Trustees" shall mean the Trustees of the 
 Toronto General Hospital. 
 
 (c) "Subscribers'' shall mean Benefactors and Annual 
 
 Subscribers as defined by this Act. 
 
 (d) "The Corporation" shall mean the Corporation 
 
 of the Trustees of the Toronto General Hos- 
 pital. 
 
 (e) " The Board " shall mean the Board of Trustees of 
 
 the Toronto General Hospital. 
 
 REPEAL OF PRESENT ACTS. 
 
 Extent of 
 repeal of 
 present 
 Acts . 
 
 3. Any provisions contained in any former Act relating 
 to the Toronto General Hospital which are inconsistent with 
 this Act are repealed. 
 
 Election and 
 appointment 
 of 25 Trustees 
 
 Appointment 
 
 INCORPORATION AND ELECTION OF TRUSTEES. 
 
 4. Until the appointment and election of the Trustees 
 under the provisions of this Act shall have been made and 
 held, the Corporation shall continue as at present constituted, 
 and thereafter twenty-five Trustees, eight of whom shall 
 be appointed by the Lieutenant-Governor-in-Council, five by 
 the Trustees of the University of Toronto, five by the Muni- 
 cipal Council of the Corporation of the City of Toronto, and 
 of whom seven shall be elected by the subscribers (as herein- 
 after provided), shall together be a body corporate by the 
 name of "The Trustees of the Toronto General Hospital." 
 
 5. Within six months after the passing of this Act the 
 said Municipal Council of the Corporation of the City of 
 Toronto shall appoint five Trustees who shall hold office 
 until the expiration of the year in which they are appointed 
 and until others shall have been appointed in their places; 
 and five shall be appointed annually thereafter in the month 
 of January by the said Municipal Council and shall hold 
 office during the remainder of the year in which they are 
 appointed and until others shall have been appointed in their 
 places. 
 
 Within the time aforesaid the Trustees of the University 
 
 Ui^verliTy o^f^ of Toronto shall appoint two Trustees to liol'd office from 
 Toronto. the date of their appointment until the 31st of January, A.D. 
 
 1908, two to hold office from the date of thVir appointment 
 until the 31st of January, A.D. 1909, and one to hold office 
 from the date of his appointment until the 31st of January, 
 A.D. 1910, and shall in the month of January, A.D. 1908, 
 and in the month of January in each year thereafter, appoint 
 Trustees in the place of those whoso terms of office shall have 
 
191 
 
 expired, to hold office for three years from the date of such 
 expiration. 
 
 The Lieutenant-Governor-in-Council may within the said Appointment 
 
 or X rustt?€JH ov 
 
 time appoint two Trustees to hold office from the date of Lieutenant- 
 their appointment until the 31st of January, A.D. 1908, [-T^^^^^^/^'^-'"- 
 three to hold office from the date of their appointment until . 
 the 31st of January, A.D. 1909,, and three to hold office from 
 the date of their appointment until the 31st of January, A.D. 
 1910, and may in the month of January, A.D. 1908, and in 
 the month of January in each year thereafter, appoint Trus- 
 tees in the place of those whose terms of office shall expire 
 in that month, to hold office for three years from the date 
 of such expiration. 
 
 And the subscribers shall within the said time, in the man- ^/rf^^"^^*"^^*^ 
 ner hereinafter provided, elect two Trustees to hold office subscribers. ^ 
 from the date of their election until the 31st of January, 
 A.D. 1908, two to hold office from the date of their election 
 until the 31st January, A.D. 1909, and three to hold office 
 from the date of their election until the 31st of January, A.D. 
 1910, and shall in the month of January,, A.D. 1908, and in 
 the month of January in each year thereafter, elect Trustees 
 in the place of those whose terms of office shall expire in 
 that month, to hold office for three years from the date of 
 such expiration. 
 
 All Trustees whose terms of office shall have expired shall Trustees to be 
 in all cases be eligible for reappointment or re-election as re-liection. 
 the case may be. 
 
 No one at the time being a member of the Hospital Staff Members of 
 shall be eligible for the position of Trustee, and if a member eif^b"e as 
 of the Board after his appointment or election accepts or Trustees, 
 occupies a position on the Hospital Staff, or goes to reside 
 out of the Province^ or becomes insane or otherwise incapable 
 of acting as a member of the Board, he shall ipso facto vacate 
 his office as a member of the Board, and a declaration of the 
 existence of such vacancy entered upon the minutes of the 
 Board shall be conclusive evidence thereof. 
 
 Should a vacancy arise from any cause in the Board of Vacancies. 
 Trustees, such vacancy shall be filled by the body possessing 
 power to appoint or elect under the provisions of this Act, 
 and the person appointed or elected to fill such vacancy shall 
 hold office for the remainder of the term of the Trustee 
 whose place he fills. 
 
 At all meetings of the Board nine shall form" a quorum. Quorum . 
 
 ELECTION OF TRUSTEES BY SUBSCRIBERS. 
 
 6. A meeting of the subscribers shall be held within six ^ibscr?bers[ 
 months after the passing of this Act for the purpose of elect- J'^^^^^ 
 
192 
 
 ing the Trustees to be elected by them under the provisions 
 of this Act and thereafter on the second Tuesday of the 
 month of J anuary, in each and every year in which Trustees 
 are to be elected by the subscribers; and in cases of elections 
 to fill vacancies^ at such time as the Trustees may by by-law 
 or resolution appoint. 
 
 7. The said meetings shall be held at the Hospital at such 
 hour as the Trustees shall by resolution appoint and the 
 Secretary of the Trustees shall for 10 days at least prior to 
 the holding of any such meeting give public notice thereof 
 in two newspapers published daily ixi Toronto.' 
 
 ^Vhotopreside ,8. The Solicitor of the Trustees or in his absence a person 
 ecre ary. ^^le meeting shall preside at such meeting as chair- 
 
 man, and shall call the meeting to order at the hour named 
 in the notice, and the Secretary of the Trustees shall .act as 
 the secretary of the said meeting and shall produce and lay 
 upon the table for jDublic inspection a certified list of the 
 subscribers with the amount of each individual subscrip- 
 tion. 
 
 Place of 
 election — 
 Notice. 
 
 Mode of 9. — (1) Such election shall be b}' ballot taken by two or 
 
 more scrutineers to be appointed by the chairman of the 
 meeting, and each subscriber shall at such election be entitled 
 to vote for Trustees, who must be residents of the Province 
 of Ontario. Such vote may be given in person or by proxy 
 under a power of attorney duly executed under the hand of 
 the subscriber, provided that the said power shall be held by 
 a subscriber entitled to vote at such election and shall be 
 valid only for one year, and the persons for Avhom the largest 
 number of votes shall then be given shall be the trustees 
 elected. 
 
 Determining (2) In case of an equality of votes between two or more 
 fn^case'of'tie^^ persons which leaves the election of one or more Trustees 
 vote. undecided, then the scrutineers shall forthwith put into a 
 
 ballot box a number of papers with the names of the candi- 
 dates respectively having such equality of votes, written 
 thereon, one for each candidate, and the chairman shall 
 draw from the ballot box in the presence of the scrutineers 
 one or more of the papers sufficient to make up the required 
 number of Trustees, and the persons whose names are upon 
 the papers so drawn shall be the Trustees elected. 
 
 POWERS OF TRUSTEES. 
 
 Trastees''^ 10. The Trustees shall have, hold, possess and enjoy all 
 under present the rights, powers, and privileges which they now have, hold, 
 tlnued"" possess or enjoy and shall have the usual powers and rights 
 
 < 
 
193 
 
 of bodies corporate and shall have and hold every such parcel 
 of land and premises as may have been heretofore granted by 
 Letters Patent, or assigned or conveyed to, or vested in any 
 former Trustees of the Hospital by any Act of the Legisla- 
 ture of the Provinces of Canada^ Upper Canada or Ontario, 
 or by any person or persons whomsoever, and every sucli 
 parcel of land and premises as may have been devised to 
 any former Trustees of the Hospital by any person or per- 
 sons whomsoever or has become vested in any former Trus- 
 tees of the Hospital in what manner soever ; and shall and Taking and 
 
 , IT J, . . nil- J? holding lands 
 
 ma}^ be capable oi receiving and taking irom any person or without 
 persons or any body corporate or politic by grant, gift, devise 
 or otherwise any lands or interest in lands or any goods, 
 chattels or effects which any such person or persons or body 
 corporate or politic may be desirous of giving, devising, 
 granting or conveying to them for the use,, support or pur- 
 poses of the Hospital; and the Trustees shall have power 
 to hold and take all lands subject to this Act for the pur- 
 poses of the Hospital without license of mortmain; and all 
 persons shall have full and unrestricted right and power to 
 give, grant, devise and bequeath to the Hospital any lands 
 and interest in lands or any goods, chattels or effects, any 
 Act or law to the contrary notwithstanding, and no real 
 estate or interest therein vested in the Trustees and used 
 for hospital purposes shall be liable to be expropriated by 
 any municipality, corporation or person for any purpose what- 
 soever without the consent of the Trustees. 
 
 The buildings and grounds of and attached to or other- Exeniption of 
 wise ho?}a fide used in connection with and for the purposes giolmds from 
 of the Hospital, so long as such buildings and grounds are^^^^*^°"- 
 actually used and occupied by the Hospital, and the personal 
 property belonging to the Hospital, shall be exempt from all 
 taxation. 
 
 All the rights and privileges belonging to and enjoyed by Limitation of 
 Crown lands under any statute limiting the time for bring- ' 
 ing actions either by the Crown or against the Crown shall 
 be deemed to belong to and be enjoyed by the lands vested 
 in the Trustees from the time they were so vested. 
 
 11. The Trustees shall have power to sell, dispose of or Po^^'^i" to^ 
 mortgage any lot or parcel of land and premises vested in pll^ent site 
 them (including the block of land at present occupied by 
 the Hospital, and being that block bounded by Gerrard, 
 Sumach, Spruce and Sackville Streets), upon such terms 
 as to payment of purchase money as to them shall seem best ; 
 or to lease the same for any period of time not exceeding 
 twenty-one years with right of further renewals forever, and 
 18 
 
194 
 
 subject to such covenants, conditions, agreements, stipula- 
 tions and provisoes as to them shall seem best. Provided, 
 however, that those lands vested in the Trustees which are 
 charged with certain debentures at present outstanding shall 
 remain subject to such charge until the same are paid, but 
 should the Trustees require the proceeds of any gales for 
 current expenses such lands may^ subject to the consent of 
 the holders of the said debentures, be sold freed from the 
 said debentures. 
 
 Power^to take 12. — (1) The Trustees shall have the right and they are 
 Hospital. hereby empowered to acquire, enter upon, take and use all 
 necessary and convenient lands and buildings for the pur- 
 poses of the Trustees, making compensation therefor to the 
 owners, occupiers and other persons having an interest in 
 the said lands and buildings and may pass by-laws for the 
 said purpose. 
 
 Application of (2) For the purposes of the preceding subsection the 
 3Edw°vll., Trustees shall have all the powers conferred upon municipal 
 19. corporations by The Consolidated Municipal Act, 1903, as 
 
 to acquiring, entering upon, taking and using lands required 
 for the use of such corporations, and, save as hereinafter 
 provided, sections 437 to 467, both inclusive, shall mutatis 
 mutandis apply to the Trustees and to the exercise by them 
 of the powers hereby conferred, as if the Trustees had been 
 named therein instead of any municipal corporation, and as 
 if the Secretar}^ of the Hospital had been named -therein in- 
 stead of the clerk of municipality. 
 
 Certain streets (3) Should the Trustees under the powers by this Act 
 S'fee ves'tfd Conferred expropriate the block of land lying south of the 
 in Trustees, southerly limit of College Street as originally laid out west 
 of the westerly limit of Elizabeth Street north of the north- 
 erly limits of Hayter and Christopher Streets and east of the 
 easterly limits of University Avenue (formerly University 
 Street) or any portion thereof, then that portion of College 
 Street which was formerly Avenue Street and those portions 
 of Chestnut Place formerly Avenue Lane, Chestnut and 
 Centre Streets, and of all public lanes lying within the said 
 limits or within the limits of such portion as may be ex- 
 propriated, shall be closed and the fee therein shall be vested 
 in the Trustees. 
 
 Third (4) Instead of the arbitrators appointed by or for the 
 
 arbitration. respective parties or the Court naming the third arbitrator, 
 Frederick Montye Morson, of the City of Toronto, Esquire, 
 shall be the third arbitrator in all arbitrations held under 
 this Act in respect of any of the above lands, and in case of 
 his being unable to act owing to death, illness or other dis- 
 
195 
 
 ability or in case of his resignation, then such third arbitra- 
 tor shall, if the parties cannot agree,, be named by the Lieu- 
 tenant-Governor-in-Council. 
 
 « (5) The Trustees may register any by-law passed for ^^^^ ^f^y^yX^^^n^ 
 purposes of subsection 1 of this section by depositing in 
 the proper registry office, a copy of such by-law certified 
 under the hands of the chairman and the secretary of the 
 Trustees and authenticated by the seal of the Corporation, 
 and the registration by them of such by-law shall vest 
 the lands therein described in the Trustees; for such regis- * 
 tration the registrar shall be entitled to fees Ti])on the scale 
 provided in paragraph 1 of pection 118 of TJic Ergistry Act. 
 
 13. — (1) It shall be lawful for the Trustees and they are I^orrowing 
 
 . . ' powers of 
 
 hereby authorized from time to time to borrow for the pur- Trustees, 
 poses of the Hospital such sum and sums of mone}' as the}^ 
 may lawfully require for the purposes of the Lospital and 
 to issue a debenture or debentures for the raising of such 
 loan in such sum or sums at such rate of interest and for 
 such period or periods as the Trustees may find expedient; 
 provided always that no such debenture or debentures shall 
 be issued for a longer period than forty years and that the 
 interest thereon shall be payable yearly, half-yearly or 
 quarterly, and provided further that the by-law authorizing 
 the issue of such debenture or debentures shall first be laid 
 before and approved by the Lieutenant-Governor-in-Council. 
 
 (2) Such debenture or debentures when so issued with the Mortgage to 
 approval of the Lieutenant-Governor in Council may be tuitT ^ ^" 
 secured by a mortgage to Trustees for the Debenture holders 
 upon such of the real estate then held by the Trustees as may 
 be then designated. 
 
 14. The Trustees by the name aforesaid shall have power Powers of ^ 
 to sue in any of the Courts of this Province having compe- suing for 
 tent jurisdiction for any cause of action touching the pro- P^'f^P^'ty. etc. 
 perty and rights of the Trustees and for any moneys due or 
 
 payable to them or their predecessors for the purchase money 
 or rents of any lands or buildings or on any account what- 
 ever, and to distrain for such rents when the same are in 
 arrear and unpaid and to distrain for interest due upon any 
 mortgage which may be held Ijy the Trustees and to act in all 
 matters touching the collection and control of the funds of 
 the Trustees and the management and disposition of any 
 property and lands belonging to the Trustees. 
 
 And the Trustees shall have power to invest in such se- Powers as to 
 curities as they may deem advisable, all moneys which may '"^^^ "^^ 
 at any time come into their hands for the use and support 
 
196 
 
 of the Hospital which may not be required for the imme- 
 diate exiDenditnre of the Hospital, or may deposit the same 
 in any chartered bank or financial institution of good stand- 
 ing, and generally and subject to the provisions of this Act 
 the government, conduct, management and control. of the' 
 Hospital and the property, revenues, business and affairs 
 thereof shall be vested in the Trustees. 
 
 NEW HOSPITAL BUILDINGS. 
 
 buiWinol etc ^^"^^^^^^^^ thereby limiting the general powers herein- 
 
 for Hospital. ' before conferred, it is declared "that the Trustees shall have 
 power to erect, equip and maintain all buildings that may 
 be required for the purposes of the Hospital upon such site 
 or sites as to them or a majority of them shall appear best; 
 and in the event of the Trustees abandoning the present 
 Hospital site and building a new Hospital it shall be the 
 dnty of the Trustees in erecting new Hospital buildings upon 
 another site to erect upon a portion of such site a building 
 suitable in every respect for the purposes of a lying-in hospi- 
 tal and to establish, maintain and support the same in con- 
 nection with the Hospital as part and parcel thereof upon 
 the terms and conditions set forth in the resolutions of the 
 lying in'^^*^ Burnsidc Lying-in Hospital, and the Hospital authorizing 
 Hospital." the merger of the Burnside Lying-in Hospital in the Hospi- 
 tal, and such building shall be called and known by the name 
 and designation of the " Burnside Lying-in Hospital " ; pro- 
 vided that a section or wing of the Hospital building shall 
 be deemed to be a building within the terms of this section. 
 
 MercerE e ^^^^ ^ portion of the said new Hospital shall be set aside 
 and Ear Infir- and shall be designated and known as "The Andrew Mer- 
 ""'^'y " cer Eye and Ear Infirmary." 
 
 EXECUTION OF DOCUMENTS. 
 
 Execution of^ 16. All grants, conveyances, assignments, mortgages, statu- 
 coiToi-.S^m .^^ tory and other discharges of mortgage, leases,, contracts, dis- 
 tress warrants and other documents requiring to be executed 
 under seal, shall be sealed with the corporate seal of the 
 Trustees and shall be signed by the Chairman or some per- 
 son thereto authorized by resolution of the Trustees and 
 countersigned by the Secretary, or some person thereto au- 
 thorized by resolution of the Trustees, and all cheques, pro- 
 missory notes and drafts shall be signed by the Chairman or 
 some person thereto authorized by the Trustees and counter- 
 signed by the Secretary, or some person thereto authorized 
 by resolution of the Trustees. 
 
197 
 
 BY-LAWS. 
 
 17. The Trustees shall have the power of appointment and A|)|)(>iiittiieiit 
 removal of the Secretary and the Treasurer, the Medical ^f;'^^,,';';^^^^^^^^ 
 and other Superintendents and their assistants and clerks «taff. 
 
 and of all other officers and servants of the Hospital em- 
 plo^yed in or about any of its premises, and may from time 
 to time enact such by-laws and regulations for the general By-laws and 
 management of the Hospital and the trust and for fixing ^•eR"l^"'ti'>n« 
 all salaries and wages, and for regulating the composition 
 of the Hospital staffs, their numbers, terms of office, privi- 
 leges and duties ; provided, always, that such by-laws or regu- Proviso, 
 lations shall be laid before the Lieutenant-Governor in Coun- 
 cil within 30 days after the same shall have been so enacted 
 as aforesaid, and shall come into force at the expiration of 
 one month thereafter unless they shall have been disallowed 
 by Order in Council within that time. 
 
 BENEFACTORS AND ANNUAL SUBSCRIBERS. 
 
 18. Every individual who shall up to the time of the who to be 
 passing of this Act have subscribed $500 and upwards to ^'be'nefactor " 
 the fund of the Hospital and every individual who shall after 
 
 the passing of this Act subscribe $1,000 and upwards shall 
 be called a " Benefactor of the Hospital, and it shall be 
 the duty of the Trustees to erect a tablet in the principal 
 entrance hall of the Hospital upon ^hich shall be inscribed 
 from time to time the names of the said Benefactors and the 
 amounts severally subscribed by them, and such Benefactors 
 shall also be Visitors of the Hospital. 
 
 19. Every individual who shall have subscribed $100 or who to be 
 more to the fund of the Hospital in the year immediately f.^^^^^J^^ .^^^ 
 preceding an election of subscribers' trustees at which hesciiber." 
 desires to vote shall be an " Annual Subscriber." 
 
 MEDICAL STUDENTS. 
 
 20. The Trustees shall allow any medical student of the Ri^jht of 
 University of Toronto to visit the wards of the Hospital and Sfcal' 
 attend them for the purpose of receiving instruction from schools to 
 the members of the Faculty of Medicine of the University hos^pitai. 
 of Toronto, upon the payment of such fees and under such 
 regulations and restrictions as the Trustees shall by any by- 
 law or resolution from time to time appoint. Provided, 
 
 also, that the Lieutenant-Governor in Council may from time 
 tQ time frame regulations and conditions under which the 
 Trustees shall admit other students in medicine, including 
 post-graduate students,, to receive medical instruction from 
 the said Faculty as hereinbefore provided. 
 
198 
 
 PAY PATIENTS. 
 
 Right of pay- 
 ing patients 
 to attendance 
 of their own 
 physician. 
 
 21. — (1) The Trustees shall allow or permit all patients 
 paying sufficient to cover all the cost to the Trustees of 
 their maintenance and support while in the Hospital, the 
 right of employing their own surgeon or physician, sub- 
 ject to the regulations of the Trustees. 
 
 (2) The words "paying their way" where they occur in 
 the 7th section of By-law No. 4579* of the City of Toronto 
 shall mean " paying sufficient ^o cover all the costs to the 
 Trustees of their maintenance and support while in the 
 Hospital/^ and the Hospital shall be the Hospital to which 
 the grant is authorized to be made by the said by-law. 
 
 CITY PATIENTS. 
 
 Patients sent 22. The Trustees shall afford accommodation as far as 
 Torontc?.^ ^ possible to patients sent into the Hospital on the order of 
 the Corporation of the City of Toronto upon the payment 
 to the Trustees of such rates as may from time to time be 
 agreed upon, and subject to such regulations and restrictions 
 as the Trustees may by by-law or resolution from time to 
 time appoint. 
 
 THE HOSPITAL STAFF. 
 
 Hospital staff. 23. The composition and number of the Hospital Staff, 
 the terms of office, the duties and the privileges of the mem- 
 bers thereof, shall remain as at present until altered by by- 
 law or resolution of the Trustees. 
 
 41 VIC, CAP. 71, SECS. 8, 9 and 10, repealed. 
 
 41 v., c. 71, 24. Sections 8, 9 and 10, of an Act passed in the 41st 
 repealed ^^^^ reign of Her late Majesty Queen Victoria, chap- 
 
 tered 71, are repealed. 
 
 STATEMENTS TO GOVERNMENT. 
 
 Additional 25. In addition to the returns required by section 10 of 
 returns to y'/^e CharlUi Aid Act,, the Trustees from time to time when 
 
 those required . '' • n 
 
 under Rev. required SO to do by the Lieutenant-Governor m Council 
 Stat.., c. .320. gj^^ji render an account in detail of all moneys received by 
 them as such Trustees, specifying the sources from which the 
 same shall have arisen or been received and the manner in 
 which the same shall have been invested and expended, and 
 all such particulars as may be necessary to show the state of 
 the fund and endowment of Ihc Hospital. 
 
 / 
 
199 
 
 ACT NOT TO CREATE NEW CORPORATION. 
 
 26. Nothing in this Act contained shall be construed as Present 
 creating a new Corporation, but the Corporation constituted ^JJ^fin'tfefL^ 
 by this Act shall be held to be the same with that constituted 
 by tlie former Acts of the l[os{)ital, so that all actions or pro- 
 ceedings brought by or against the former Trustees and pend- 
 ing at the time of the passing of this Act shall be continued 
 by and against the Trustees provided for by this Act, and all 
 matters and things done by the said former Trustees shall be 
 binding upon the Trustees hereby created until further or 
 other provision may be made in respect thereof by the la^^t 
 mentioned Trustees in conformity with this Act. 
 
 HEREAS a petition has been presented praying that it Preamble. 
 
 be enacted as hereinafter set forth, and it is expedient 
 to grant the prayer of the said petition: Therefore His 
 Majesty, by and with the advice and consent of the Senate ^ 
 and House of Commons of Canada, enacts as follows:— 
 
 1. Sir Thomas G. Shaughnessy, Charles M. Hayes, David Incorporation 
 McMcoll, Earl H. Fitzhugh, Francis H. McGuigan and 
 
 James William Leonard, all of the City of Montreal, together 
 with such persons as become shareholders in the company, 
 are incorporated under the name of " The Toronto Terminals Corporate 
 Railway Company," hereinafter called " the Company." na^me. 
 
 2. The undertaking of the Company is declared to be a Declaratory, 
 work for the general advantage of Canada, 
 
 3. The persons named in section 1 of this Act shall be the Provisional 
 provisional directors of the Company, and should any provi - 
 
 sional director die or resign before the first election of direc- 
 tors, the vacancy may be filled by the remaining provisional 
 directors. 
 
 6 Edw. VII. c. 170 (Dom). 
 
 An Act to Incorporate the Toronto Terminals 
 Eailway Company. 
 
 [Assented to 13th July, 1906.] 
 
 4. The capital stock of the Company shall be two million CapitaUtock. 
 dollars. No one call thereon shall exceed ten per cent, of 
 the shares subscribed. 
 
200 
 
 5. The head office of the Company shall be in the City of 
 Toronto. 
 
 6. The annual meeting of the shareholders shall be held 
 on the second Tuesday in September. 
 
 7. The number of directors shall be six, one or more of 
 whom ma}^ be paid officers of the Company. 
 
 8. The directors may annually appoint from among them- 
 selves an executive committee composed of not more than 
 three directors^ for such purposes and with such duties as the 
 directors determine by by-law, and the president of the Com- 
 panv sliall be ex-officio a member of such committee. 
 
 9. The Company may, for the purposes of its undertaking, 
 acquire all lands or interests therein, rights and easements 
 which the directors consider requisite or desirable, and may 
 construct, provide, maintain and operate at the City of 
 Toronto a uniion passenger station with such buildings, 
 structures, tracks, sidings, connections, yards, equipment and 
 appliances for the supply of^ heat, light, water and power, 
 terminal and other facilities as are suitable or advantageous 
 for the efficient, expeditious and economical handling and 
 interchange of all passenger, express and mail traffic of such 
 railway companies as desire to use the said station and facili- 
 ties, or for the convenience and accommodation of all business 
 usually appertaining to a terminal union passenger station, 
 and may from time to time thereafter enlarge, improve, re- 
 new and increase such passenger station, buildings, struc- 
 tures, tracks, sidings,, connections, yards, equipment and ap- 
 pliances and terminal and other facilities in such manner 
 and to such extent as the business of the Company renders 
 expedient, and in connection with its undertaking may erect, 
 
 ^ manage or control hotels, restaurants, offices, shops, storage 
 and other rooms and conveniences and lease them or any por- 
 tion thereof, apd ma}^, subject to the provisions of The Rail- 
 way Act, 1903, enter into agreements with any telegraph or 
 telephone company respecting the installation of its appara- 
 tus in the said station, the carrying on of the business of any 
 such company therein and the payment of such rents, tolls 
 and charges therefor as are from time to time fixed by the 
 Company, and approved by the Governo.r in Council upon 
 the report of the Board of liailway Commissioners for Can- 
 ada, and may establish and operate for hire a service for 
 the conveyance and transfer of passengers and baggage by 
 means of omnilmses, cabs, or other road conveyances, and 
 
201 
 
 may acquire,, hold, guarantee, pledge and dispose of shares feharef* 
 
 1 • i? r -i. u- ^ j-i J- UT 1 in trannfer 
 
 m any company having lor one oi its objects the establish- company, 
 ment or operation of such a service. 
 
 10. The Grand Trunk Eailway Company of Canada is Jj^^^J'"'"''' 
 hereby empowered to sell, assign, transfer and convey to the Company 
 Company, upon such terms, conditions and for such consid- Un^yn^Station 
 erations as are agreed upon between the directors of the said property to 
 Compan}^ and the Company, the whole or any part of -tj^g ^^"^P^'^^-'^ • 
 property in the City of Toronto known as the Union Station 
 property, together with all appurtenances thereto belonging 
 
 or used in connection therewith, and also any and all right, 
 title and interest of the said The Grand Trunk Eailway Com- 
 pany of Canada in any and all lands heretofore or hereafter 
 purchased, leased or otherwise acquired by the said Company 
 for the purposes of the undertaking of the Company, in- 
 cluding any lands or interests therein, rights and easements 
 heretofore or hereafter acquired by The Grand Trunk Eail- 
 way Company of Canada under and by virtue of the agree- 
 ment between the Corporation of the City of Toronto and 
 the said The Grand Trunk Railway Company of Canada, 
 bearing date the twenty-second day of April, one thousand 
 nine hundred and five, a copy of which is set out in schedule 
 B to chapter 84 of the Statutes of 1905 of Ontario, or under 
 the authority of an Order of the Board of Railway .Commis- 
 sioners for Canada, dated the twenty-third day of February, 
 one thousand nine hundred and five, a copy of which is set 
 out in the schedule to this Act,, and any conveyance to the 
 Company of the said lands or interest therein, rights and 
 easements duly executed by The Grand Trunk Railway Com- 
 pany of Canada shall vest in the Company the right, title 
 or estate of The Grand Trunk Railway Company of Canada 
 in the lands, interests, rights or easements set out and de- 
 scribed in such conveyance freed and discharged from all 
 securities, charges and encumbrances, if any, of every kind 
 and nature whatsoever, created or made a charge thereon by 
 The Grand Trunk Railway Company of Canada, or to which 
 the same may have become subject by virtue of the provisions 
 of any Act affecting the said Company, passed prior to the 
 execution of such conve3^ance. 
 
 11. The Canadian Pacific Railway Company is hereby em- Canadian 
 powered to sell, assign, transfer and convey to the Company, ^^iiwav 
 upon such terms and conditions and for such considerations Company 
 
 as are agreed upon between the directors of the said Com- th?c?mpany" 
 pany and the Compan}^, so much of any lands in the City of of^ToronuI*^"^ 
 Toronto owned by The Canadian Pacific Railway Company, 
 or such right, title or interest therein or thereto held or en- 
 
202 
 
 joyed by the said Company as the directors of the Company 
 deem it expedient and advisable to acquire for the purposes' 
 of the Company^ and any conveyance to the Company of the 
 said lands or any interest therein duly executed by The 
 Canadian Pacific Railway Company shall vest in the Com- 
 pany the right, title or estate of The Canadian Pacific Rail- 
 way Company in the lands or interests set out and described 
 in such conveyance, freed and discharged from all securities, 
 charges and encumbrances,, if any, of every kind and nature 
 whatsoever, created or made a charge thereon by The Cana- 
 dian Pacific Ptailway Company or to which the same may 
 have become subject by virtue of the provisions of any Act 
 affecting the said Company passed prior to the execution of 
 such conveyance. 
 
 Section of ^V^^^ ^^^^ ^lue execution and delivery to the Company 
 
 conveyances of the conveyances provided for in section 10 of this Act, the 
 h^Te^powevs Company shall be vested with all the powers and authority 
 ^nd authority conferred upon The Grand Trunk Railway Company of Can- 
 Grand Trunk ada by the said Order of the Board of Railway Commissioners 
 BoardT^^ for Canada, dated the twenty-third day of February, one 
 Railway Com- thousand nine hundred and five, a copy of which is set out 
 missionerh. ^-j^^ schedule to this Act, to the same extent as if the Com- 
 pany had been named therein instead of The Grand Trunk 
 .Raihv^y Company of Canada. 
 
 2. The Company shall be subject to the terms and condi- 
 tions of the said Order so far as they are applicable thereto, 
 and shall be subject to such amending or other Order in re- 
 spect of the said undertaking as the said Board may make, 
 to the same extent as The Grand Trunk Railway Company 
 of Canada would be subject thereto if the undertaking of 
 the Company had been carried out and operated by the said 
 Grand Trunk Railway Company of Canada. 
 
 Agreement 
 between the 
 Company 
 and other 
 companies. 
 
 13. The Grand Trunk Railway Company of Canada and 
 The Canadian Pacific Railway Company are hereby respec- 
 tively empowered to enter into agreements with the Com- 
 pany, and the Company may enter into agreements with the 
 said Companies, or either of them, or with any other 
 company, in Canada so empowered, respecting the use of the 
 whole or any part of the undertaking and property of the 
 Company, upon and subject to such terms and conditions, 
 and to the payment of such rental as will yield a fair and 
 reasonable proportionate return upon all the outlay for and 
 in respect of the Company's undertaking, and of such charges 
 and compensation for services to be rendered by the Com- 
 pany, as may be determined and agreed upon between the 
 
203 
 
 directors of the companies ])ai'ties to such a<^r('('iii('iil, and 
 any such agreements sha]]^ upon being sanctioned and ap- ^.^'^^^J.^^^^^^^ 
 proved of by the Board of Railway Commissioners for Can- lioard of 
 ada, be effective for the purposes therein set I'oi-t h and l)ind- Jj'^'^^^y . 
 ing upon the parties thereto. ers. 
 
 14. The Company may issue bonds,, d(ibentures or other Issue of 
 securities to an amount not exceeding in the whoh; three 
 million dollars, or the equivalent thereof in sterling money 
 of Great Britain, and secure the same by a mortgage upon 
 the whole or part of the property, assets and revenues of 
 the Company. Any such bonds, debentures or other securi- 
 ties may be issued in whole or in part in the denomination of 
 dollars or pounds sterling, and may be made payable both as Currency of 
 to principal and interest in Canada, the United States, or 
 Europe. 
 
 issue . 
 
 15. The Grand Trunk Railway Company of Canada and (irand Trunk 
 The Canadian Pacific Railway Company are hereby respec- Canadian """"^ 
 tively empowered to subscribe for, take and hold shares of J^acific 
 
 the capital stock of the Company to the extent of one-half may^ acquire 
 each of the total of such capital stock from time to time is- ^J^^^ , 
 
 . . . Company and 
 
 sued, and the said companies may from time to time jointly guarantee 
 or severally, and upon such terms and conditions as the di- fnteresTof"^ 
 rectors of the said Companies and the Company respectively securities, 
 agree upon, guarantee the payment of the principal and in- 
 terest of any bonds, debentures or other securities which 
 may from time to time be issued by the Company for the pur- 
 poses of its undertaking. 
 
 16. The Company may, subject to the sanction and ap- By-laws and 
 proval thereof by the Governor in Council upon a report by ^^^"^^^^^"^ 
 the Board of Railway Commissioners for Canada, make all management 
 such by-laws, rules and regulations as the directors of the 
 Company deem necessary and proper for the control, man- 
 agement, working and use of the said union passenger sta- 
 tion and facilities appurtenant thereto and of any other 
 premises and property of the Company, including the use 
 
 thereof by the public, and for the regulation and control of 
 all vehicular traffic to,, from and at the said station. 
 
 17. The Railway Act. 1903, shall apply to the Company 190.S, c. 58, to 
 
 and its undertaking. 
 
 apply . 
 
 18. The construction of the said union passenger station Time for 
 and appurtenances shall be completed on or before the twenty- f^^^ftJ^'^'^'^" 
 third day of February, one thousand nine hundred and eight, 
 or such later date as may from time to time be determined 
 and sanctioned by the Board of Railway Commissioners for 
 Canada. 
 
204 
 
 SCHEDULE. 
 
 The Board of Eailway Commissioners for Canada. 
 
 Meeting at Ottawa, Thursday, the 33rd day of February, 
 A.D. 1905. 
 
 Present: — A. C. Killam, K.C., Chief Commissioner; Hon. 
 M. E. Bernier, P.C., ¥.P., LL.D., Deputy Chief Commis- 
 sioner; James Mills, M.A., LL.D., Commissioner. 
 
 In the mattter of the application of The Grand Trunk 
 Eailway Company of Canada, hereinafter called " the Appli- 
 cant Company/' to the Board of Eailway Commissioners for 
 Canada, under the provisions of The Eailway Act, 1903, for 
 authority to take and expropriate certain lands additional to 
 those they now occupy lying north of Esplanade Street, and 
 between Yonge and York Streets, in the City of Toronto, in 
 the Province of Ontario, and required for the purposes of 
 the said Company. 
 
 This application having come on for hearing, upon notice 
 to the several parties interested, on the following days, 
 namely: The 26th day of May, the 22nd day of July, the 12th 
 day of October, the 27th day of October, the 9th day of De- 
 cember, and the 22nd day of December, in the year 1904, 
 and the 16th day of February in the year 1905, in the pre- 
 sence of the following parties or their Counsel : The Grand 
 Trunk Eailway Company of Canada; The Canadian Pacific 
 Eailway Company; The James Bay Eailway Company; The 
 Corporation of the City of Toronto; the W. W. Baldwin 
 Estate; the Eckardt Company; A. E. Williams; Michael 
 McLaughlin; the Land Security Company; the Dominion 
 Transport Company; the Toronto General Trusts Company; 
 the J. B. Smith Estate; the H. W. Petrie Co.; and the 
 owners of the "Walker House. 
 
 Upon hearing evidence and what was alleged by the said 
 parties or their Counsel, and it appearing to the Board that 
 the Applicant Company requires, at the City of Toronto, in 
 the Province of Ontario,, for the convenient accommodation 
 of the public and the traffic on its railway, more ample space 
 than it now possesses or may take under section"^ 138 of The 
 Railway Act, 1908, and that authority should be given to 
 the Applicant Company to take the lands hereinafter men- 
 tioned for the purposes hereinafter mentioned and upon and 
 subject to the conditions following: 
 
205 
 
 Now therefore the Board of Kailway Commissioners for 
 Canada doth hereby order and direct subject to the terms, 
 conditions, and stipulations hereinafter set forth, as 
 follows : — 
 
 That the Applicant Company be and it is hereby author- 
 ized to take the following described lands as shown on the 
 plan filed with the Board under number 13972, file number 
 588, and expropriate the same for the purposes hereinafter 
 set forth, that is to say — 
 
 All the lands coloured pink on the said plan situate, lying, 
 and being in the said City of Toronto, in the Province of 
 Ontario, and being composed of all and singular those cer- 
 tain parcels or tracts of lands and premises described as 
 follows :— 
 
 1. All and singular that certain parcel or tract of land and 
 premises, in the City of Toronto, composed of part of water 
 lot 38, registered plan 5a^ and the lands adjoining the same 
 to the north, particularly described as follows: — 
 
 Commencing on the southerly limit of Front Street,, at a 
 point distant 115 feet 7 inches, measured westerly thereon 
 from the west limit of Yonge Street ; thence southerly par- 
 allel with Yonge Street 160 feet, to the northerly limit of a 
 lane 20 feet wide, leading from Yonge Street to Bay Street; 
 thence westerly along that limit 2'9 feet; thence northerly 
 parallel with Yonge Street 160 feet to the southerly limit 
 of Front Street; thence easterly along that limit 28 feet 11 
 inches, to the place of beginning; together with a right of 
 way over the above mentioned lane in common with others 
 entitled thereto. 
 
 2. All and singular that certain parcel or tract of land 
 and premises, in the City of Toronto, composed of part of 
 water lot 38, registered plan 5a, and the lands adjoining the 
 same to the north, particularly described as follows: — 
 
 Commencing on the southerly limit of Front Street at a 
 point distant 144 feet 6 inches measured westerly thereon 
 from the west limit of Yonge Street; thence southerly par- 
 allel with Yonge Street, 160 feet to the northerly limit of a 
 lane 20 feet wide leading from Yonge Street to Bay Street ; 
 thence westerly along that limit 29 feet; thence northerly 
 parallel with Yonge Street, 160 feet to the southerly limit 
 of Front Street; thence easterly along that limit 28 feet 1 
 inch to the place of beginning; together with a right of way 
 over the above mentioned lane in common with others entitled 
 thereto. 
 
206 
 
 3. All and singular that certain parcel or tract of land and 
 premises in the Cit}^ of Toronto composed of part of water 
 lot No. 38^ registered plan 5a^ and lands adjoining the same 
 to the north, particularly described as follows: — 
 
 Commencing on the southerl}^ limit of Front Street at the 
 intersection of the centre line of the division wall between 
 warehouses numbers 11 and 13, said point being distant 172 
 feet 7 inches measured westerly along said limit of Front 
 Street from the west limit of Yonge Street; thence southerly 
 along said centre line of wall 160 feet to the north limit of 
 a lane 20 feet wide; thence westerly along that limit 4 feet 
 and 3 inches; thence northerly parallel with Yonge Street 
 160 feet to the south limit of Front Street; thence easterly 
 along that limit 4 feet and 3 inches to the place of beginning. 
 
 4. All and singular that certain parcel or tract of land and 
 premises in the City of Toronto composed of part of water 
 lot 39q, registered plan 5a, and lands adjoining the same to 
 the north, more particularly described as follows : — 
 
 Commencing on the southerly limit of Front Street at a 
 point distant 17'6 feet 10 inches measured southwesterh^ 
 along said limit of Front Street from the west limit of 
 Yonge Street; thence southerly parallel with Yonge Street, 
 1^3 feet to the north limit of a lane 20 feet wide (leading 
 from Yonge Street to Bay Street) ; thence westerly along that 
 limit 23 feet 5 inches to the intersection of the ^centre line 
 of the division wall between warehouses Nos. 13 and 15; 
 thence northerly along said centre line 163 feet to the south- 
 erly limit of Front Street; thence easterly along that limit 
 23 feet 5 inches to the place of beginning; together with a 
 right of way over the above mentioned lane in common with 
 others entitled thereto. 
 
 5. All and singular that certain parcel or tract of land and 
 premises in the City of Toronto composed of part of water 
 lot number 39q, registered plan 5a, and lands adjoining the 
 same to the north, more particularly described as follows: — 
 
 Commencing on the southerly limit of Front Street at the 
 intersection of the centre line of the division wall between 
 warehouses numbers 13 and 15, said point being distant 200 
 feet 4 inches measured westerly thereon from the west limit 
 of Yonge Street; thence southerly along said centre line 163 
 feet to the north limit of a lane 20 feet wide (leading from 
 Yonge Street to Bay Street)-; thence westerly along that 
 limit, 26 feet 11 inches to the intersection of the centre line 
 of the division wall between warehouses numbers 15 and 17; 
 
207 
 
 thence northerly along said centre line 163 feet to the south- 
 erly limit of Front Street; thence easterly along that limit 
 26 feet 11 inches to the place of beginning; together with a 
 right of way over the above mentioned lane in common with 
 others entitled thereto. 
 
 6. All and singular that certain parcel or ti'act of land and 
 premises in the City of Toronto composed of part of water 
 lot No. 39q, registered plan 5a, and lands adjoining the same 
 to the north, more particularly described as follows : — 
 
 Commencing on the southerly limit of Front Street at the 
 centre line of the division wall between houses Nos. 15 and 
 17, said point being distant 227 feet 3 inches measured west- 
 erly thereon from the west limit of Yonge Street; thence 
 southerly along said centre line 163 feet to the north limit 
 t)f a lane 20 feet wide (leading from Yonge Street to Bay 
 Street) ; thence westerly along that limit 26 feet 11 inches 
 to the intersection of the centre line of the division wall be- 
 tween warehouses Nos. 17 and 19; thence northerly along 
 said centre line 163 feet to the southerly limit of Front 
 Street; thence easterly along that limit 26 feet 11 inches to 
 the place of beginning : together with a right of way over the 
 . above mentioned lane in common with others entitled thereto. 
 
 7. All and singular that certain parcel or tract of land and 
 premises in the City of Toronto composed of part of water 
 lot number 39q, registered plan 5a, and lands adjoining the 
 same to the north, more particularly described as, follows : — 
 
 Commencing on the southerly limit of Front Street at 
 the centre line of the division wall between warehouses num- 
 bers 17 and 19, said point being distant 254 feet 2 inches 
 measured westerly thereon from the west limit of Yonge 
 Street; thence southerly along said centre line, 163 feet to the 
 northerly limit of a lane 20 feet wide (leading from Yonge 
 Street to Bay Street) ; thence westerly along that limit 27 
 feet 5 inches to the intersection of the centre line of the divi- 
 sion wall between warehouses numbers 19 and 21 ; thence 
 northerly along said centre line 163 feet to the southerly 
 limit of Front Street; thence easterly along that limit 27 
 feet 5 inches to the place of beginning : together with a right 
 of way over the above mentioned lane in common with others 
 entitled thereto. 
 
 8. All and singular that certain parcel or tract of land and 
 premises in the City of Toronto composed of part of water 
 lot 40q, registered plan 5a, and lands adjoining the same to 
 the north, more particularly described as follows: — 
 
 Commencing on the southerly limit of Front Street at the 
 
^08 
 
 intersection of the centre line of the division wall between 
 warehouses numbers 21 and 23„ said point being distant 295 
 feet 1 inch measured .easterly along said limit of Front Street 
 from the east limit of Bay Street ; thence southerly along said 
 centre line, 160 feet to the northerly limit of a lane 20 feet 
 Avide (leading from Yonge Street to Bay Street) ; thence 
 easterly along said limit of lane 2'5 feet 71/2 inches to the in- 
 tersection of the centre line of the division wall between 
 warehouses numbers 19 and 21 ; thence northerly along said 
 centre line to the southerly limit of Front Street; thence 
 westerly along that limit 25 feet 9% inches to the place of 
 beginning; together with a right of way over the above men- 
 tioned lane in common with others entitled thereto. 
 
 9. All and singular that certain parcel or tract of land and 
 premises in the City of Toronto composed of part of wate^ 
 lot 40q, registered plan 5a^ and lands adjoining the same to 
 the north^ more particularly described as follows: — 
 
 Commencing on the south limit of Front Street at the in- 
 tersection of the centre line of the division wall between ware- 
 houses numbers 25 and 27, said point being distant 244 feet 
 5% inches measured easterly along said limit of Front Street 
 from the east limit of Bay Street; thence southerly along said 
 centre line, 160 feet to the north limit of a lane 20 feet wide 
 (leading from Yonge Street to Bay Street) at a point dis- 
 tant 243 feet 6% inches measured easterly thereon from the 
 east limit of Bay Street; thence easterly along said limit of 
 lane, 51 f^t 3I/2 inches to the intersection of the centre line 
 of the division wall between warehouses numbers 31 and 23 : 
 thence northerly along said centre line 160 feet to the south 
 limit of Front Street; thence westerly along that limit 50 
 feet 7% inches to the place of beginning; together with a 
 right of way over the above mentioned lane in common with 
 others entitled thereto. 
 
 10. All and singular that certain parcel or tract of land 
 and premises in the City of Toronto, composed of part of 
 water lot 40, registered plan 5a, and lands adjoining to the 
 north, more particularly described as follows: — 
 
 Commencing on the south side of Front Street at the in- 
 tersection of the production northerly of the west limit of 
 said lot 40 as now defined by the centre line of the division 
 ■wall between warehouses numbers 27 and 29, said point being 
 distant 218 feet 81/2 inches measured easterly along said limit 
 of Front Street from the east limit of Bay Street; thence 
 southerly along said centre line of wall 160 feet to the north 
 limit of a lane 20 feet wide (leading from Yonge Street to 
 
209 
 
 Bay Street) at a point thereon distant 217 feet 1 inch mea- 
 sured easterly from tlie cast limit of Bay Street; thence east- 
 erly along said limit of lane, 26 feet 5% inches to the inter- 
 section of the centre line of the division wall between ware- 
 houses Nos. 2'5 and 27; thence northerly along said centre 
 line 160 feet to the south limit of Front Street; thence west- 
 erly along that limit 25 feet 9 inches to the place of begin- 
 ning; together with a right of way over the above mentioned 
 lane in common with others entitled thereto. 
 
 11. All and singular that certain parcel or tract of land 
 and premises in the City of Toronto composed of water lots 
 numbers 39q and 40q^ and lands adjoining the same to the 
 north, more particularly described as follows : — 
 
 Commencing on the southerly limit of Front Street at the 
 intersection of the production northerly of the division line 
 between water lots numbers 40q and 41?^ as now defined by 
 the centre line of the division wall between warehouses num- 
 bers 27 and 29, said point being distant 218 feet SVs inches 
 measured easterly along said limit of Front Street from the 
 east limit of Bay Street; thence southerly along said centre 
 line of wall and production southerly thereof 180 feet to the 
 southerly limit of a lane 20 feet wide (leading from Yonge 
 Street to Bay Street) ; thence easterly along that limit 208 
 feet to the intersection of the division line between water lots 
 38 and 39 ; thence northerly along that division line and pro- 
 duction thereof, 183 feet to the southerly limit of Front 
 Street; then westerly along that limit 206 feet 10 inches to 
 the place of beginning. 
 
 12. All and singular that certain parcel or tract of lands 
 and premises in the City of Toronto composed of part of the 
 east half of water lot 41p, registered plan 5a^ and lands ad- 
 joining the same to the north particularly described as fol- 
 lows : — 
 
 Commencing on the north limit of the Esplanade at the 
 intersection of the division line between water lots numbers 
 40 and 41p; thence northerly along that division line and 
 along the northerly production thereof to the south limit of 
 Front Street; thence westerly along that limit 76 feet 9^/2 
 inches to the intersection of the production northerly of the 
 division line between the east and west halves of said water 
 lot 41p; thence southerly along that production and along 
 that division line to the north limit of the Esplanade ; thence 
 easterly along that limit to the place of beginning. • 
 
 13. 1, All and singular that certain parcel or tract of land 
 and premises in the City of Toronto composed of part of the 
 
 14 
 
210 
 
 west half of water lot 41p, registered plan 5a, and lands ad- 
 joining the same to the north, more particularly described as 
 follows : — 
 
 Commencing on the north limit of Esplanade at the inter- 
 section of the division line between water lots numbers 41p 
 and 4:2; thence northerly along that division line and the 
 northerly production thereof to the south limit of Front 
 Street; thence easterly along that limit 76 feet SiA inches to 
 tlie intersection of the northerly production of the division 
 line between the east and Avest halves of said water lot 41p; 
 thence southerly along that production and along that divi- 
 sion line to the north limit of the Esplanade ; thence westerly 
 along that limit to the place of beginning; excepting there-, 
 out the lane 20 feet wide which crosses the above described 
 lands leading from Iniy Street to Yonge Street. 
 
 2. All aud singular that certain parcel or tract of land and 
 premises in the City of Toronto composed of part of water 
 lot 42, registered plan 5a, and lands adjoining to the north;, 
 more particularly described as follows: Commencing at 
 the intersection of the south limit of Front Street with the 
 east limit of Bay Street ; thence southerly along said limit of 
 Bay Street 90 feet ; thence easterly at right angles to Bay 
 Street CJfi feet 10 inches to the centre line of the division wall 
 betwoe]! warehouses numbers 39 and 41; thence northerly 
 along said centre line to the south limit of Front Street; 
 thence westerly along that limit 66 feet more or less to the 
 place of beginning. 
 
 3. All and singular that certain parcel or tract of land and 
 premises in the City of Toronto composed of part of water 
 lot 42q, registered plan 5a. and lands adjoining to the north, 
 more particularly described as follows: Commencing at a 
 point on the east limit of Bay Street distant 90 feet, measured 
 southerly thereon from the south limit of Front Street ; thence 
 easterly at right angles to Bay Street 66 feet 10 inches to 
 the centre line of the division wall betAveen w^arehouses num- 
 bers 39 and 41 ; thence southerly along said centre line and 
 along the easterly face of the building on the herein described 
 premises, 106 feet to the south-east angle thereof ; thence 
 westerly along the southerly face of said building 66 feet 10 
 inches to the east limit of Bay Street ; thence northerly along 
 that limit 106 feet to the place of beginning. 
 
 14. All and singiilai' those cei'tain ])arfels or tracts of land 
 and premises in the City of Toronto composed of — 
 
 1st. Of part of the west half of water lot nuuiber 41p, re- 
 gistei-ed plan 5a, and lands adjoiuing the same to the north. 
 
211 
 
 particularly described as follows : Commencing on the north 
 limit of the Esplanade at the intersection of ihe division line 
 between water lots numbers 41 and 42; thence northerly 
 along that division line and the northerly production thereof 
 to tlie south limit of Front Street; thence easterly along that 
 limit 7G feet 5^2 inches to the intersection of the northerly 
 production of the division line between the east and west 
 halves of said water lot 41r ; thence southerly along that pro- 
 duction and along that division line to the north limit of the 
 Esplanade; thence westerly along that limit to the place of 
 beginning ; 
 
 2nd. Of part of water lot 42q, registered plan 5a, and 
 lands adjoining the same to the north^ more particularly de- 
 scribed as follows: Commencing at the intersection of the 
 south limit of Front Street with the east limit of Bay Street ; 
 thence easterly along said limit of Front Street 66 feet more 
 or less to the production northerly of the division line be- 
 tween water lots numbers 41 and 42q; thence southerly 
 along that production and along that division line to the 
 northerly limit of the Esplanade; thence westerly along that 
 limit, 68 feet more or less to the east limit of Bay Street; 
 thence northerly along tliat limit 398 feet 6 inches to the 
 place of beginning. 
 
 15. All and singular that certain parcel or tract of land 
 and premises in the City of Toronto, being composed of part 
 of water lot Xo. 42q, according to plan Xo. 5a, filed in the 
 Kegistry Office for the Eastern Division of said Cit3',-more 
 ])articularly described as follows: Commencing on the east- 
 erly limit of Bay Street at a point distant 196 feet measured 
 southerly thereon from the south limit of Front Street; 
 Thence easterly at the right angles to Bay Street^ 66 feet more 
 or less to the easterly limit of said lot ^o. 42q; thence south- 
 erly along that limit to the northerly limit of Esplanade 
 Street; thence westerly along that limit,, 68 feet more or less 
 to the easterly limit of Bay Street; thence northerly along 
 that limit, 202 feet more or less to the place of beginning. 
 
 16. All and singular that certain parcel or tract of land 
 and premises in the City of Toronto composed of lots num- 
 bers 1 to 14, both inclusive, and Block A, together with the 
 hmes as shown on registered plan number 162e^ particularly 
 described as follows; Bounded on the north by the south 
 limit of Front Street, on the east by the west limit of Bay 
 Street, on the south by the north limit of the Esplanade, and 
 on the west by the division line between water lots numbers 
 46 and 47. registered plan 5a, and the production northerly 
 thereof. 
 
212 
 
 17. All and singular that certain parcel or tract of land 
 and premises in the City of Toronto being composed of lots 
 numbers 8 and 9 on the south side of Front Street, according 
 to registered plan number 162e, having a total frontage of 
 74 feet inches by a depth of 150 feet to a lane. 
 
 18. All and singular those certain parcels and tracts of - 
 land and premises in the City of Toronto being composed 
 of- 
 
 1st. Lots numbers 1 to 7, both inclusive, according to re- 
 gistered plan number 162e, together with parts of certain 
 lanes adjoining the same, more particularly described as fol- 
 lows: Commencing at the south-easterly angle of said lot 
 number 1^ being at the intersection of the northerly limit of 
 Esplanade Street with the westerly limit of Bay Street; 
 thence northerly along that limit to the north-easterly angle 
 of said lot number 7 : thenCe westerly along the northerly 
 limit of said lot and production thereof to the westerly limit 
 of the lane shown in rear of said lots ; thence southerly along 
 said westerly limit of lane to the northerly limit of Esplanade 
 Street ; thence easterly along that limit to the place of begin- 
 ning. 
 
 2nd. Lots 10 to 14, both inclusive, according to registered 
 plan number 162e^ together with parts of certain lanes ad- 
 joining the same, particularly described as follows: Commenc- 
 ing at the north-easterly angle of said lot number 10; thence 
 southerly along the limit between lots numbers 9 and 10 to 
 the north limit of a lane; thence easterly along that limit to 
 the west limit of Bay Street; thence southerly along that 
 limit to the north-east angle of lot number 7, according to 
 said plan; thence westerly along the northerly limit of said 
 lot and production thereof to the westerly limit of the lane in 
 rear of said lot number 7 ; thence northerly along said limit 
 of lane to the southerly limit of the lane in rear of the lots 
 fronting on Front Street; thence westerly along that limit 
 to the westerly limit of said lane ; thence northerly along that 
 limit and along the westerly limit of lot 14 aforesaid to the 
 south limit of Front Street ; thence easterly along that limit 
 to the place of beginning. 
 
 19. All and singular that certain parcel or tract of land 
 and premises, being composed of Block A on the north side 
 of Esplanade Street, in the City of Toronto, according to 
 registered plan number 162e. 
 
 20. All and singular that certain parcel or tract of land 
 and premises in the City of Toronto, composed of part of 
 
213 
 
 water lot number 47, registered plan number 5a, and lands 
 adjoining the same to the north, more particularly described 
 as follows: — 
 
 Commencing on the southerly limit of Front Street, at the 
 intersection of the east limit of Lome Street ; thence easterly 
 along that limit of Front Street 101 feet to the intersection 
 of the production northerly of the division line between water 
 lots numbers 46 and 47 on said plan ; thence southerly along 
 that production and along that division line to the north 
 limit of the Esplanade; thenc6 westerly along that limit 101 
 feet to the east limit of Lorne Street ; thence northerly along 
 that limit to the place of beginning. 
 
 21. All and singular that certain parcel or tract of land 
 and premises in the City of Toronto, being composed of part 
 of the lands lying bet^veen the south side of Front Street and 
 the top of the bank to the north of water lot number 48, 
 registered plan 5a, more particularly described as follows: — 
 
 Commencing at the intersection of the south limit of Front 
 Street with the west limit of Lorne Street ; thence southerly 
 along the west limit of Lorne Street 175 feet ; thence westerly 
 parallel with Front Street 36 feet 3 inches ; thence northerly 
 parallel with Lorne Street 175 feet to the south limit of 
 Front Street ; thence easterly along that limit 36 feet 3 inches 
 to the place of beginning. 
 
 22. All and singular that certain parcel or tract of land 
 and premises in the City of Toronto, composed of part of 
 water lot number 49, registered plan 5a^ and lands adjoin- 
 ing the same to the north, more particularly described as 
 follows : — 
 
 Commencing on the south limit of Front Street at the in- 
 tersection of the production northerly of the division line 
 between water lots numbers 48 and 49„ registered plan 5a^ 
 said point being distant 90 feet measured westerly along that 
 limit from the west limit of Lorne Street; thence southerly 
 along that production and along that division line 398 feet 
 6 inches to the intersection of the north-easterly limit of 
 York Street as diverted by City By-law No. 3113; thence 
 north-westerly along that limit to the intersection of the di- 
 vision line between water lots numbers 49 and 50, registered 
 plan 5a; thence northerly along that division line and pro- 
 duction thereof to the south limit of Front Street; thence 
 easterly along that limit 73 feet to the place of beginning. 
 
 23. All and singular those certain parcels or tracts of land 
 and premises in the City of Toronto, being composed of parts 
 
\ 
 
 214 
 
 of water lot number 48, according to plan 5a. filed in the 
 Registry Office for the Eastern Division of the said Cit}', 
 and of the land adjoining the same to the north, more parti- 
 cularly descrilied as follows, that is to say: — 
 
 1st. Commencing at the intersection of the north limit of 
 Esplanade Street with the west limit of Lorne Street as 
 widened ; thence northerly along that limit to a point thereon 
 distant 175 feet measured southerly thereon from the south 
 limit of Front Street ; thence westerly parallel with Front 
 Street 91 feet more or less to the west limit of said lot 
 number 48 ; thence southerly along that limit to the north- 
 easterly limit of York Street diversion ; thence south-easterly 
 along that limit to the north limit of Esplanade Street ; 
 thence easterly along that limit, 33 feet more or less to the 
 place of beginning. 
 
 2nd. Commencing on the south limit of Front Street at a 
 point distant 36 feet 3 inches measured westerly thereon from 
 the west limit of Lorne Street ; thence southerly parallel with 
 Lorne Street, 175 feet; thence westerly parallel with Front 
 Street 53 feet 9 inches to the division line between water 
 lots numbers 48 and 49, registered plan 5a ; thence northerly 
 along that division line and production thereof 175 feet to 
 the south limit of Front Street; thence easterly along that 
 limit 53 feet 9 inclies to the place of beginning; together 
 with a right of way over a lane 12 feet wide, leading easterly 
 to Lorne Street from the south-easterly corner of the above 
 described lands. 
 
 23. All and singular that certain parcel or tract of land 
 and premises in the City of Toronto, being composed of parts 
 of water lots numbers 50 and 51 according to plan number 
 5a. filed in the Registry Office for the Eastern Division of 
 said City and parts of the land known as the Walks and 
 G-ardens property lying to thje northward thereof, more 
 particularly described as follows ; being all that part of said 
 lots bounded as follows: — 
 
 On the west by part of the east limit of York Street; on 
 the south by part of the north-easterly limit of Y^ork Street 
 diversion; on the east by part of the easterly limit of said 
 lot number fifty (50) and production northerly thereof; and 
 on the north by part of the southerly limit of Front Street. 
 
 Saving out of the said above described parcels, and each of 
 the same, so much thereof as is used and enjoyed as a public 
 highway. 
 
 2. That the lands taken are to be used only as a passenger 
 
215 
 
 station and passenger station yards therefor, and for such 
 purposes as are necessarily or usually connected therewith. 
 
 3. That, subject to the provisions of this order, the above 
 described lands and any buildings and constructions erected 
 or placed thereon shall be a union passenger station, and 
 shall be available for use by all steam railways which now 
 enter the said city, or may hereafter do so ; the terms and con- 
 ditions of such use shall be agreed upon, settled and adjusted 
 in the usual manner, and upon reasonable and customary 
 terms, by the several railway companies interested, subject 
 to the approval of the Board, and to be revised and amended 
 from time to time as occasion may require ; and in case of the 
 railway companies failing to agree upon the said terras and 
 conditions or revisions thereof, the same shall he determined 
 by Order of the Board. 
 
 4. That there shall be expended by the Applicant Company 
 on the buildings of the said station and the appurtenances to 
 be placed on the said lands, the sum of at least one milli(Mi 
 dollars, and that the construction thereof shall be commenced 
 within one year and be completed within three years from the 
 date hereof, or within such further period as may be sanc- 
 tioned by the Board. 
 
 5. That the said station buildings and appurtenances shall 
 be located and constructed in accordance with plans to be 
 agreed upon by the railway companies interested, and ap- 
 proved by the Board. In case the companies cannot agree, 
 the points in dispute shall be determined by the Board. The 
 said plans and the stations and other buildings to be erected 
 on the said lands shall comply with the by-laws of the said 
 City in that behalf ; and in case the existing by-laws are 
 amended, and the Company or companies do not wish to com- 
 ply with the provisions of such amendments, any dispute aris- 
 ing therefrom shall be referred to and determined by the 
 Board. 
 
 6. That the Applicant Company make provision in the pres- 
 ent Union Station and yards, in the City of Toronto, for the 
 passenger trains and traffic of the James Bay Eailway Com- 
 pany, as soon as the said Company requires the use thereof, 
 and until the proposed New Union Station hereby authorized 
 is completed and ready for use, — which provision and accom- 
 modation shall be paid for by the James Bay Eailway Com- 
 pany on such terms as may be agreed upon between it and 
 the Applicant Company; and in case the interested companies 
 cannot agree on the amount to be paid or on other terms or 
 conditions, the points in dispute shall be settled hj order of 
 the Board. 
 
216 
 
 7. That the iVpplicant Company shall, if thereto required, 
 by notice in writing given to it by or on behalf of any owner 
 of or party interested in any of the said lands at any time be- 
 fore the appointment of an arbitrator or the last of the arbi- 
 trators to be appointed under The Railway Act,, 1903, to 
 ascertain the amount of the compensation to be paid for any 
 such land or interest thereon, pay to such owner or party 
 interested compensation to be ascertained, fixed and awarded 
 with reference to and as of the date of the first receipt by 
 such owner or party interested, or the predecessor in title or 
 interest of such owner or party, of notice of intention to take 
 the land of such owner, or in which such party is interested, 
 or of the proposed application to this Board for authority to 
 take the same, together with interest thereon at the rate of 5 
 per cent, per annum from that date until payment; and the 
 Applicant Company shall allow the arbitrator or arbitrators 
 who may be appointed to ascertain such compensation, to 
 ascertain, fix and award the same with reference to and as 
 of the date aforesaid,, instead of with reference to date other- 
 wise provided for by The Railway Act, 1903; provided that 
 in the case of any owner or party interested in any of such 
 lands, who has been in receipt of rent for or in the beneficial 
 occupation and use of any part of such lands at any time since 
 the receipt of such first notice as aforesaid, compensation shall 
 be ascertained and paid for such part only with reference to 
 the date fixed for the purpose by the said Act and to the 
 amount by said Act required. 
 
 8. That the Applicant Company, for the purpose of access 
 to, egress from and the use of the said lands, station^ and 
 appurtenances by it and any other railway companies shall 
 be and it is hereby allowed, authorized and empowered to 
 carry, place, operate and use upon and across the following 
 streets and highways, in the City of Toronto, that is to say : — 
 
 York Street, York Street Diversion, Bay Street, Lome 
 Street and Esplanade Street, such sets and numbers of tracks 
 of its said railway, and in such manner and according to such 
 plans and upon such terms and conditions as this Board shall 
 from time to time authorize and prescribe, but at all times 
 conformably to Tlie Railway Act, 1903, and any amendments 
 thereof. 
 
 9. That upon such street or highway,, or portion thereof, 
 being lawfully closed and ceasing to be a highway, such Ap- 
 plicant Company shall be and it is hereby authorized to take 
 or acquire the lands forming the soil of so much thereof as 
 shall be closed nnd have ceased to be a highway, the compen- 
 
217 
 
 sation, if not settled by agreement, to be ascertained with 
 reference to the date fixed by TJie Railway Act, 1903, and to 
 the amount required by said Act. 
 
 10. If that portion of Bay Street, south of Front Street^ 
 and shown in brown on the said plan, be closed and cease to 
 be a highway, provision shall be made at or near Bay Street, 
 at the cost of the Applicant Company, for access from Front 
 Street and Lake Street, and vice versa, by a bridge or other 
 safe and reasonable means above track level, for the use of foot 
 passengers; and the plans and specifications for the said 
 provisions shall first be submitted to the Board for inspec- 
 tion and approval. 
 
 11. The Applicant Company shall, within three months 
 from the date hereof, proceed to remove the debris resulting 
 from the fire on the land within the area covered by the appli- 
 cation, and push to completion, as soon as possible,, the work 
 of removing all rubbish and waste materials from the said 
 areas, provided that in case of the Applicant Company be- 
 ing unable to obtain possession of any such lands for the pur- 
 pose, this time may be extended by the Board as to any part 
 of said land. 
 
 12. The Applicant Company, in accepting this Order for 
 expropriation, is understood and deemed to have agreed that 
 the said shall be acquired, and the said work shall be under- 
 taken and prosecuted to completion, without undue or un- 
 necessary delay, and in accordance with and subject to the 
 terms of this Order and the direction of the Board. 
 
 13. Unless the Applicant Company notify the Board of its 
 acceptance of this Order on or before the tenth day of March, 
 
 , 1905, the said application shall be forthwith dismissed. 
 
 14. All questions as to the closing or acquisition of Sta^tion 
 Street or the placing of railway tracks thereon, and the terms 
 and conditions thereof, are hereby reserved to be settled by 
 agreement between the Applicant Company and the City of 
 Toronto, or by further Order of the Board. 
 
 15. The costs of the said application, in the event of its dis- 
 missal, are reserved to be subsequently dis]-)osed of by Order 
 of the Board. 
 
 A. C. Kill AM, 
 
 Chief Commissioner, 
 Board of Railway Commissioners for Canada. 
 
 Board of Eailway Commissioners 
 for Canada. 
 
218 
 
 6 Edw. VII. c. 142 (Ont.) 
 An Act respecting Trinity Church, Toroato. 
 
 [Assented to 14-th May, 1906.] 
 
 Sotitherly 
 boundary of 
 certain lands 
 
 whSland" ^- — (1) ^t is declared that the lands which by the Act 
 held. passed in the 51st year of the reign of Her late Majesty 
 
 Queen Victoria and chaptered 90, were vested in the Rector 
 and Churchwardens of the said -Church, were so vested upon 
 the trusts and for the purposes set out in the preamble of 
 the said Act, and that the said lands, except those part^ 
 thereof which have been sold, and except the parts of said 
 lands south of the limit defined in subsection 2 hereof, and 
 those parts mentioned in subsection 3, are now vested in the 
 Corporation hereby created upon the same trusts and for the 
 same purposes so far as such trusts and purposes continue 
 to be applicable to the said Church, subject, however, to the 
 provisions of subsections 2 and 3 hereof, and also subject to 
 the leases mentioned in section 9 hereof and to the deben- 
 tures mentioned in section 10 hereof. 
 
 (2) It is further declared that the true southerly limit of 
 that part of the land intended to be described in the pre- 
 amble of the said Act lying to the east of Erin Street consists 
 of a line commencing at a point in the easterly limit of Erin 
 Street at a distance of 111 feet and 7 inches measured along 
 the line of said easterly limit from the northerly limit of 
 Front Street, being the point at which said easterly limit is 
 intersected by the westerly production of the northerly face 
 of certain frame buildings which have for a period of 30 years 
 and upwards formed the existing southerly limit of Lot 12 
 shown on Eegistered Plan D 12, and thence easterly along 
 the said face of the said buildings and along the line of a 
 fence to and along the northerly face of an old frame dwel- 
 ling house now known as city number 80 Trinity Street, and 
 along the easterly production thereof,, being along the said 
 existing boundary in all a distance of 132 feet more or less 
 to the westerly limit of Trinity Street, being at a point dis- 
 tant 113 feet from the northerly limit of Front Street meas- 
 ured along the said westerly limit of Trinity Street. 
 
 Certain road- (3) It is further declared that the roadways shown upon 
 toX^uhii'r'^ the plan of said lands registered as Plan D 12 and therein 
 highways. described as Erin Street and Derby Street, except that part 
 of said Derby Street lying to the east of the easterly limit 
 of said Erin Street and shown as closed upon the amended 
 
219 
 
 plan of the said lands registered as Plan 263 notwith- 
 standing any description of said roadways appearing upon 
 said Plan 263 E, have become and are public highways, 
 and it is further declared that tliose parcels of land now 
 used in connection with said roadways, being parts of lots 
 9 and 10 shown on said Plan D 12, and parts of lots 16, 17, 
 18 and 19 shown on registered Plan 122, and part of the lane 
 shown on said Plan 122, and together described as follows: 
 Commencing at the point in the easterly limit of Parliament 
 Street at which the same is intersected by the westerly pro- 
 duction of the line of the most northei'ly face of the brick 
 building now standing at the north-ca-lei ly corner of Front 
 and Parliament Streets, the said Ijciiig the north-west- 
 
 erly angle of Lot 1 shown upon veuisicrcd Plan 122,, and being 
 distant 88 feet measured nortlierly along the easterly limit 
 of Parliament Street from the northei-ly limit of Front Street, 
 thence nortli seventy-four degj'ees and three minutes east 
 along said production of said line of the most northerly face 
 of said brick building 170 feet seven and a half inches, thence 
 north seventy-three degrees and thirty-two minutes east along 
 a fence and along the line of the northern face of a building, 
 being the line of the northerly limits of lots 7 to 16, inclu- 
 sive, shown on the said Plan 122 as the same are now occu- 
 pied 220 feet seven and a half inches to the westerly limit 
 of the continuation of Erin Street as the same is at present 
 used, thence south thirty-eight degrees and forty-eight min- 
 utes east along said westerly limit of the continuation of 
 Erin Street ninety-seven feet six and a half inches to the 
 northerly limit of Front Street, thence north seventy-four 
 degrees east along the northerly limit of Front Street twen- 
 ty-two feet three inches to the easterly limit of the continua- 
 tion of Erin Street as the same is at present used, thence 
 north thirty-seven degrees and fifteen minutes west along 
 said easterly limit of the continuation of Erin Street, as the 
 same is at present used. 111 feet seven inches to a point in 
 the easterly limit of Erin Street as shown on said Plan D 12, 
 thence south seventy-three degrees and thirty-two minutes 
 west on a line parallel with said line of the northerly limit 
 of lots shown upon said Plan 122 as the same are now occu- 
 pied and distant fourteen feet measured northerly at right 
 angles therefrom, 271 feet, thence north fifteen degrees forty 
 minutes west parallel with the easterly limit of Parliament 
 Street four feet, thence south seventy-four degrees and three 
 minutes west one hundred and forty feet to the easterly limit 
 of Parliament Street, thence south fifteen degrees and forty 
 minutes east along the easterly limit of Parliament Street 
 eighteen feet to the point of commencement, have become and 
 
220 
 
 are public highways, and are as such vested in the Corpora- 
 tion of the City of Toronto. 
 
 Corporation 12. The Corporation shall have power to take over the 
 tZTe^hind f^nd, amounting to $2;522.60, now held by the Municipality 
 j^oti. City of of the City of Toronto^ being the amount of damages arising 
 from the taking of certain lands which had been held by the 
 Incumbent of the said Church for the endowment of the said 
 Church under section 16 of The Church Temporalities Act, 
 for the widening of Pape Avenue in the said City, and now 
 held by the said municipality under section 444 of The Muni- 
 cipal Act^ and the Municipal Corporation of the City of To- 
 ronto is hereby authorized and empowered to transfer and 
 pay over the said fund, together with three months' interest 
 thereon in advance as agreed, to the Corporation. The said 
 fund shall be used by the Corporation exclusively for the pur- 
 poses for which they are authorized to borrow money on 
 debentures under the provisions of this Act, and the Incum- 
 bent of the said Church for the time being shall be entitled 
 to receive from the Corporation interest on the said fund at 
 the rate of five per cent, per annum, payable half yearly, 
 from the date at which the said fund is paid over to the 
 Corporation, which said fund of $2,522.60 and interest there- 
 on at the rate aforesaid shall be a charge upon the property 
 of the Corporation in favour of the said Incumbent for the 
 time being as valid and effectual as if payable under a deben- 
 ture issued under the provisions aforesaid. 
 
 Reference to 
 Act to be 
 marked by 
 Registrar on 
 certain plans. 
 
 13. The Eegistrar of Deeds for the Eastern Division of 
 the City of Toronto shall, forthwith after the passing of this 
 Act, mark in red ink upon each of the plans registered in 
 the Registry Office for the said Division as Plan D 12, Plan 
 122, and Plan 263 E, a reference to this Act; and shall also 
 with red ink upon said Plan 263 E mark as struck out the 
 word " private " before the word " roadways '' in the title of 
 said Plan and in the owners' certificate thereon endorsed and 
 the word '^^Lane" after each of the words "Derby" and 
 " Erin," and for the said word " Lane " shall in each case 
 substitute the word " Street." 
 
 4 
 
221 
 
 5 Edw. VII. c. 37 (Ont.) 
 An Act respecting the University of Toronto. 
 
 [Assented to 25th May, 1905.] 
 
 ^ 4c 4: 4c * 4: 
 
 11. The Council of the City of Toronto may pass a by-law city of 
 or by-laws for making grants, not exceeding $200,000 in all, au^^^o^^ized to 
 to aid in purchasing a site for the Provincial Hospital in this grant $200,000 
 Act mentioned; and for creating a debt therefor, and for the Ho^pitaL^'*^ 
 issue of debentures for the amount of such debt, and no such 
 by-law shall require the assent of the ratepayers of the mu- 
 nicipality before the final passing thereof. Any debentures 
 issued under the authority of this section shall be made pay- 
 able in forty years at furthest from the time or times when 
 the same are issued. 
 
 6 Edw. VII. c. 5'5 (Ont.) 
 
 An Act respecting the University of Toronto and 
 University College. 
 
 [Assented to IJfth May, 1906.'] 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 14. The real property demised to the Corporation of the Queen's Park. 
 City of Toronto for the purpose of a park under the authority 
 
 of section 66 of chapter 62 of The Consolidated Statutes of 
 Upper Canada shall, so long as the lease thereof remains in 
 force, form part of the City of Toronto, and the residue of 
 the re^l property adjacent to the said park which is vested in 
 the Board shall be subject to the police regulations of the 
 said Corporation and the Council thereof, and except as 
 herein otherwise provided to the by-laws thereof. 1 Edw. 
 VII., c. 41, s. 42. Amended. 
 
 15. All real property which is now or which hereafter shall Application 
 be vested in the Board shall, as far as the application thereto if Jitati'ons al 
 of any statute of limitations is concerned, be deemed to have ^ property. 
 
222 
 
 been and to be real property vested in the Crown for the 
 public uses of the Province. 2 Edw. YII.^ c. 43 s. 2. 
 A mended. 
 
 cation to ^'^''^^y declared that the dedication heretofore 
 
 University not bj the Crown for any purpose of any real property held for 
 oflandsaf'^'^^e purposes of the University and University College or 
 Crown lands, either of them has not taken away from such real property 
 any rights or privileges which it enjoyed as Crown lands 
 or prejudicially affected the same, but that all such rights 
 and privileges remain in full force and effect. 1 Edw. VII , 
 c. 41^ s. 6 (c),^ in part. Amended. 
 
 i^^BoarT^^'^ 17.— (1) The real property vested in the Board shall not 
 ex^JipriL^m^ ^^^^^^ entered upon^ used or taken by any municipal 
 
 ■ or other corporation or by any person possessing the right 
 of taking lands compulsorily for any purpose whatsoever; 
 and no power to appropriate real property hereafter conferred 
 shall extend to such real property unless in the Act con- 
 ferring the power it is made in express terms to apply to 
 such real property. 1 Edw. VII., c. 41, s. 6 (c), in part. 
 Amended. • 
 
 (2) The provisions of subsection 1 shall apply to real pro- 
 perty owned by or vested in any university or college feder- 
 ated with the Universitv. (Netc.) 
 
 18.— (1) The property real and personal vested in the 
 taxation. Board shall not be liable to taxation for provincial, munici- 
 pal or school purposes, but shall be exempt from every de- 
 scription of taxation; provided, always, that except as men- 
 tioned in subsection 2 the interest of every lessee and occu- 
 pant of real propert}^ vested in the Board shall be liable to 
 taxation. 
 
 (2) The liability to taxation of the interest of a lessee or 
 occupant mentioned in this section shall not extend to the 
 interest of a lessee or occupant being a member of the teach- 
 ing staff or an officer or servant of the University or of Uni- 
 versity College, who, or being an association of under-gradu- 
 ates or an incorporated society of undergraduates or of 
 graduates and undergraduates, which is the lessee or occu- 
 ])ant of any part of the property commonly known as the Uni- 
 versity Park, composed of the north halves of Park lots num- 
 bers eleven, twelve and thirteen in the first concession from 
 the bay, in the Township of York (now in the City of To- 
 ronto), and including that part of park lot number fourteen 
 in the said first concession, described in a certain conveyance 
 
223 
 
 to Her late Majesty Queen Victoria, registered as number 
 8654E- in the Kegistry Office of ttie Eastern Division of the 
 City of Toronto, but the interest of every such lessee or 
 occupant shall be exempt from taxation. 2 Edw. VIL, c. 43, 
 s. 3. Amended. 4 Edw. VIL, c. 35, s. 3, in part. 
 
 (3) Those parts of the lots mentioned in subsection 2 
 which are now or hereafter may be owned, leased or occu- 
 pied by any federated university or federated college for the 
 ])urposes of such university or college sliall also be exempt 
 from taxation in the same way and to the same extent as 
 the real property vested in the Board is by subsection 1 ex- 
 empted from taxation. (New.) 
 
 7 Edw. VII. 0. 54. 
 
 An Act respecting a Certain Agreement between 
 the University of Toronto and the Corporation 
 of the City of Toronto. 
 
 [Assented to 20th April, 1901] 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 1. Subiect to the provisions of section 2 of this Act, 5?"^®""®"*^ 
 
 ^ . . disputes 
 
 every dispute as to any of the matters mentioned m para- between City 
 graph 2 or in clause 1 of paragraph 9 of the agreement, set Univer- 
 forth in the Schedule to the Act passed in the fifty-second 
 year of the reign of Her late Majesty Queen Victoria, Chap- 
 tered 53, and intituled An Act validating a certain Agree- 
 ment between the University of Toronto and the Corporation 
 of the City of Toronto^ shall be settled by arbitration in 
 manner provided by The Arbitration Act, instead of in the 
 manner provided by the said paragraphs, and except as pro- 
 vided by section 2 of this Act, the proceedings in and in rela- 
 tion to any arbitration under the provisions of tlie said para- 
 graphs shall be liad and taken in accordance witli and be 
 covered by the provisions of The Arbitration Act. 
 
 2. The proN isions of sections 4 to 11 inclusive of The Hev. Stat., 
 Municipal Arbitrations Act shall apply mutatis mutandis to to^fpply. 
 every such arbitration and to everv award made tliereon. 
 
224 
 
 Constmction 3. Paragraph 2 and clause 1 of paragraph 9 of the said 
 of agreement agreement shall be read as if the provision for arbitration 
 tfon^ therein contained had been that which is prescribed by this 
 
 Act. 
 
 4. The reference shall be to a single arbitrator if the par- 
 ties so agree, and if they do not, then to three arbitrators, 
 one to be chosen by each of the parties, and the third by the 
 two arbitrators so chosen, and the award may be made by a 
 majority of the arbitrators. 
 
 8 Edw. VII. c. 117 (Dom.) 
 
 An Act respecting the Hamilton Eadial Electric 
 Eailway Company. 
 
 [Assmted to 16th June, 1908.] 
 
 Preamble. 
 Ont. 
 
 1894, c. 88 ; 
 
 1895, c. 101 
 
 1896, c. 103 
 1900, c. 112 
 1904, c. 77. 
 
 Yl^ HERE AS the Hamilton Radial Electric Railway Com- 
 ' ^ pany has by its petition represented that it was in- 
 corporated by chapter 88 of the statutes of 1894 of Ontario, 
 whereby, and by snbseqnent amendments of the said Act, 
 the said company was authorized to construct various lines 
 of railway from the city of Hamilton to different places 
 in the province of Ontario as in the said Act and amend- 
 ments set forth; and whereas doubts have been raised 
 whether, under and by virtue of the provisions of sections 
 306 and 307 of The Railway Act of 1888, and sections 91 
 and 92 of The British North America Act, 1867, the railway 
 of the said Company on crossing the line of the Grand 
 Trunk Railway Company at Burlington in the year 1897 
 became and has since been subject to the exclusive legisla- 
 tive authority of the Parliament of Canada; and whereas 
 applications have been made to the Legislative Assembly of 
 Ontario for Acts extending the time for constructing the 
 said company^s lines of railway, and such Acts have been 
 passed; and whereas the said company has by its petition 
 asked for authority to carry out certain extensions and 
 works beyond Provincial jurisdiction; and whereas it is ad- 
 visable that all questions as to jurisdiction should be set at 
 rest, and that the said company should be enabled to cany 
 out its various enterprises; and whereas the said company 
 has prayed that it be enacted as hereinafter set forth, and 
 it 'is expedient to grant the prayer of the said petition; 
 
225 
 
 Therefore His Majesty, by and witli the advice and consent 
 of the Senate and House of Coiiinions of Canada, enacts as 
 follows : — 
 
 1. In this Act the expression " the Company " means the interpreta- 
 body politic and corporate created by chapter 88 of the*^'""- 
 statutes of Ontario, 1894, and continued by the said amend- 
 ments thereof ; and for the removal of all doubts the lines Declaratory, 
 of railway which the Company is empowered to construct 
 
 are hereby declared to be works for the general advantage 
 of Canada. 
 
 2. Nothing in this Act, or in Tlie Baihvay Act, shall invali- P'owers 
 date any action heretofore taken by the Company pursuant confirmed, 
 to powers contained in the Acts mentioned in the preamble, 
 
 and the powers and privileges granted by the said Acts are h. s., c. 37. 
 hereby confirmed, subject to the conditions and obligations 
 imposed by the said Acts: Provided that hereafter The Rail- 
 way Act shall apply to the Company and the said railway 
 to the exclusion of any of the provisions of the said Acts 
 mentioned in the preamble which are inconsistent herewith 
 and in lieu of any general Eailway Act of the province of 
 Ontario. 
 
 3. The Company may lay out, construct and operate the Lines of 
 lines of railway 'referred to in this Act; and if the construe- ^^tl^^•i2ed 
 tion of the said lines of railway is not commenced, and fif- 
 teen per cent, of the amount of the capital stock of the 
 Company is not expended thereon, within two years of the 
 passing of this Act, or if the said lines of railway are not 
 completed and put in operation within five years of the 
 
 passing of this Act, then the powers of construction granted Limitation of 
 to the Company shall cease and be null and void as respects construction, 
 so much of the said lines of railway as then 'remains uncom- 
 pleted. 
 
 4. The Company may lay out. construct and operate an Extension of 
 extension of its heretofore authorized lines of railway from railway, 
 the town of Oakville, in the county of Halton, to some point 
 
 within the limits of the city of Toronto, in the county of 
 York; but it shall not construct its railway, or any extension 
 thereof, along any highway or public place within the limits Consent of 
 of the county ofYoTk or' the city of Toronto, without first i^es"'"'''''*^'" 
 obtaining the consent, expressed by by-law, of the muni- 
 cipality having jurisdiction over such highway or public 
 place, and upon terms to be agreed on with such municipal- 
 ity: Provided, however, that if the Company wishes to 
 construct its railway through or across High Park (one 
 15 
 
226 
 
 Park^ ^^^'^ public places or parks of the city of Toronto), it'may 
 
 construct it along the south limit of the said park, north of 
 and parallel with and contiguous to the right of way of the 
 Grand Trunk Railway Company of Canada, or along such 
 other location near thereto as may be agreed upon between 
 the Company and the Council of the said city; such railway 
 to be constructed and kept, from time to time, at the same 
 elevation as the tracks of the said Grand Trunk Eailway 
 Company; the Company to make compensation to the city 
 according to the provisions of The Railway Act for lands 
 taken or injurioiisly affected; and the Company to make 
 safe and suitable provision for crossing the roads entering, 
 or in the said park, by means of bridges or under-crossings 
 to be constructed at such places and according to such plans, 
 and at such elevations, as may be approved by the engineer 
 for the time being of the said city, or such engineer as may 
 be appointed for that purpose. 
 
 r ■ ■ 
 
 Toront?^ ^' ^^^^^^^ ^^^^^^ ^^^^ consent of the council of the city of 
 
 Toronto, expressed by by-law, the railway of the Company 
 shall not be constructed across any highway in the said city 
 east of Eoncesvalles Avenue, except by a subway under- 
 neath, or by a bridge over, such highway. 
 
 pla'cSln ^^^^ Company shall not, withont the consent of the 
 
 Toronto. council of the said city expressed by by-law, receive or dis- 
 charge passengers at more than two points (to be approved 
 by the said council) between its terminal in the said city 
 and the present westerly limit of the said city; and, if here- 
 after extended easterly, the Company shall not, without the 
 like consent, receive or discharge passengers at more than 
 two points (to be approved by the said council) between the 
 said terminal and the present easterly limit of the said city. 
 
 Branch lines. 5. The Company may lay out, construct and operate the 
 following branch lines: — 
 
 (a) From the city of Hamilton, running through the city 
 of St. Catharines, to some point on the Niagara River be- 
 tween Niagara Falls and Fort Erie, with a bridge over the 
 Niagara River in connection with the Company's line of 
 railway, or instead of constructing such bridge the Com- 
 pany may enter into an agreement or agreements for run- 
 ning rights over any bridge across said river already or 
 hereafter constructed; 
 
 (h) From the city of Brantford to a point on the Detroit 
 River at or near Windsor, running through the counties 
 of Brant, Oxford, Elgin, Kent and Essex and through or 
 near the cities of Woodstock and St. Thomas and the city 
 
227 
 
 of Chatham; and in connection with such branch the Com- 
 pany may construct, maintain and operate ferries across 
 the Detroit Eiver; 
 
 (c) Suburban lines oC railway within the limits of the 
 county of Wentworth, but not within the limits of the city 
 of Hamilton, save as hereinafter set forth: Provided, how- 
 ever, that the Company may construct a line on private 
 right of way connecting with the present line at a point 
 south of Cannon Street between Cannon and Wilson Streets 
 and running easterly to the city limits: 
 
 Provided further that the Company, having at the request 
 of the city agreed to abandon its proposed freight switch 
 line running south-westerly through private property from 
 near the intersection of Cannon Street and Birch Avenue 
 to the Company's property on the south side of Wilson 
 Street between Sanford avenue and Wentworth Street, and 
 the city consenting hereto, the Company may use its line of 
 railway for ordinary freight traffic from the point where 
 it runs upon Wilson Street between Birch and Stirton 
 Avenues westerly to the said property of the Company or 
 that portion thereof on w^hich it is intended by the Com- 
 pany to establish a freight warehouse between Sanford 
 Avenue and Wentworth Street. 
 
 2. Save as aforesaid, nothing in this Act shall empower Crossings in 
 the Company to lav out or construct any railway track upon, 
 
 along, under, over or across any highway in the city of 
 Hamilton without the consent of the Council of the said 
 city expressed by by-law. 
 
 3. Within the limits of the county of Wentworth and of Use of 
 the city of Hamilton steam may be used for the purpose of 
 constructing the said railway, but shall not be used as motive 
 power for its operation. 
 
 4. Instead of constructing the line of railway authorized Alternative 
 by paragraph (b) of sub-section 1 of this section, the Com- powers, 
 pany may construct a line of railway from the city of Brant- 
 ford to the city of London, and, subject to the provisions 
 
 of sections. 361. 362 and 363 of The Bailway Act, the Com- 
 pany may enter into an agreement or agreements with the 
 Windsor, Chatham and Lonrlon Eailway Company and the 
 Windsor, Essex and Lake Shore Rapid Eailway Company, 
 or with either of the said companies, for any of the purpose? 
 specified in the said section 361. 
 
 6. Save as otherwise in this Act specifically provided, the Consent of 
 Company shall not construct or operate its railway along J?^J^'C'P*l'" 
 any highway or public place without first obtaining the 
 consent expressed by by-law of the municipality having juris- 
 
228 
 
 diction over such highway or public place and upon terms 
 to be agreed on with such municipality. 
 
 7. Subject to the provisions of The Railway Act as to the 
 taking of lands and the compensation to be made therefor, 
 the Company may, from time to time, take and use such 
 lands as shall be required for the purpose of building, main- 
 taining and supporting the bridges, terminals, terminal 
 buildings, wharfs and ferries referred to in this x\ct. 
 
 8. Notwithstanding anything in the said Act of incor- 
 poration or in the said amendments thereof, the Company 
 may issue securities in respect of its several undertakings not 
 exceeding the amount of thirty thousand dollars per mile 
 of single track, with an additional amount of ten thousand 
 dollars per mile of double track; and such securities may be 
 issued only in proportion to the length of railway constructed 
 or under contract to be constructed. 
 
 9. The Company may issue also securities to the extent of 
 seventy-five per cent, of its actual expenditure upon or in 
 respect of a bridge, including the approaches thereto, across 
 the old Welland Canal, at the city of St. Catharines, a bridge, 
 including the approaches thereto, across the Niagara Eiver, 
 the purchase of right of w^ay, terminals and station build- 
 ings in the city of Toronto, and the ferries for operating 
 on the Detroit Eiver, including wharf accommodation at 
 or near Windsor, and the immediate approaches thereto. 
 
 10. Nothing in this Act contained, or done under or by 
 virtue of the powers hereby granted, shall alter or affect the 
 provisions contained in any by-law of any municipality here- 
 tofore passed relating to the Company, or to any portion of 
 the Company's railway heretofore or hereafter constructed, 
 or contained in any agreement between any municipality and 
 the Company; but all such agreements and by-laws shall 
 continue and remain in full force as between the municipal- 
 ity and the Company as continued and incorporated by this 
 Act ; and in case of any inconsistency between the provisions 
 contained in any snch by-law or agreement and the provi- 
 sions of The Railway Acl,^ the provisions contained in the 
 by-law or agreement shall prevail, and all such by-laws and 
 agreements and all rights, franchises, privileges and exemp- 
 tions of the Company therennder are hereby confirmed. 
 
 11. Paragraph (/) of seel ion 151 of The Railway Acl shall 
 not apply to the Company with respect to any such line of 
 railway as is constructed along or upon any public highway. 
 
229 
 
 12. The Company may, subject to the provisions of sec- Agreements 
 tions 3G1, 3G2 and 3(53 of The Railway AcL, enter into any y^j^pani^s! 
 agreement or agreements, for any of the purposes mentioned 
 
 in the said section 3()1, with the Brantford and Hamilton 
 Electric Kailway Company and the Hamilton and Dundas 
 Street Kailway Company, or either of them; but it shall not, R. S-, c. ?>i. 
 without the consent of the Council of the city of Hamilton 
 expressed by by-law, enter into agreement or agreements 
 for any of the said purposes with the Hamilton, Grimsby 
 and Beamsville Electric Eailway Company, the Hamilton 
 Street Railway Company, or any other street railway com- 
 pany whose railway may be constructed or operated in the 
 said city of Hamilton. 
 
 13. The Company shall not sell, dispose of, or distribute Saving as to 
 
 ^ -J , , ' i ' . municipal 
 
 electric power or energy withm, or for use within, the limits electric plant, 
 of any municipality which owns and operates its own electric 
 lighting or power plant without the consent, expressed by 
 by-law, of the Council of such municipality. 
 
 8 Edw. VII. c. 79 (Ont.) 
 An Act respecting the Town of East Toronto. 
 
 {Assented to l-kth April, 1908.'\ 
 
 TT^^HEREAVS the Municipal Corporation of the Town of Preamble. 
 ^ ^ East Toronto has by petition represented that it 
 is desirable that the elections for Mayor, Reeves, and Coun- 
 cillors of the said town should be held on New Year's day 
 in each year; and that authority should be granted to invest 
 certain moneys derived from tlic sale of debentures under 
 By-law No. 40 in local debentures of the town, and that 
 By-law No. 214, set out as Schedule A " to this Act, should 
 be confirmed and validated; and whereas the said Corpora- 
 tion has prayed that an Act may be passed for the said pur- 
 poses; and whereas it is expedient to grant the prayer of 
 the said petition; 
 
 Therefore His Majesty, by and with the advice and 
 consent of the Legislative Assembly of the Province of 
 Ontario, enacts as follows: 
 
 * ❖ * * sJ: i!< 
 
230 
 
 Purchase of 2. it is further L'luicted that the sum of $16,500, raised 
 mentdeben^^ ^^^^ Corporation under By-law No. 40 and confirmed 
 
 tureswith by Chapter 47 of the Acts passed in the fourth year of His 
 toXan^tcT^'^ Majesty's reign, for the purpose of loaning same to the 
 ^i^obe j^urni- Globe Fumiture Company, Limited, may be invested by 
 the said Corporation in the purchase of its own local im- 
 provement debentures, and said Corporation is hereby auth- 
 orized and empowered to make such investment. 
 
 By-law No. 3. That By-law No. 214 of the Corporation of the Town 
 Schedule"" A East Toronto, being the by-law ^et forth as Schedule 
 confirmed. " \ ^0 this Act, and all debentures issued or to be issued 
 thereunder and all rates levied or to be levied for the pay- 
 ment thereof, are confirmed and declared to be legal, valid 
 and binding upon the said Municipal Corporation and the 
 ratepayers thereof, notwithstanding any defect in substance 
 or in form or in the manner of passing the same or other- 
 wise and notwithstanding any want of authority or juris- 
 diction of the said Corporation or the Council thereof to 
 pass the same. 
 
 SCHEDULE " k:' 
 
 By-law^ No. 214. 
 
 A By-law to authorize the borrowing of the sum of $10,000 for 
 water works purposes. 
 
 Whereas the Corporation of the Village of East Toronto, 
 now the Corporation of the Town of East Toronto, hereto- 
 fore constructed water works and a reservoir for storing 
 water for the use of the said municipality, and raised the 
 money to pay for the constrnction of the same by a general 
 rate on the whole assessable property of the said corporation 
 under a by-law lawfully passed; 
 
 And whereas the said corporation, on or about the 28th 
 day of July, 1904, passed a By-law No. 49, for the purpose 
 of installing pumping engines, pumps and other suitable 
 plant and machinery, and to lay an intake main from Lake 
 Ontario and raise the sum of $55,000 by debentures as set 
 out in said By-law No. 49; 
 
 And whereas the said intake main was duly laid, but by 
 reason of severe storms on Lake Ontario the said intake 
 main was broken and misplaced, and was filled with sand 
 and great expense was entailed in repairing and replacing the 
 same; 
 
231 
 
 And whereas the cost of installing the said engines, 
 pumps, intake main and other plant (including the cost ol! 
 repairing and replacing said intake main) has exceeded the 
 estimate of $55,000 as set out in said By-law No. 49 by the 
 sum of $10,000; 
 
 And whereas it will be necessary to borrow money to pay 
 for the said shor,tage and to issue debentures of the said cor- 
 poration for the sum of $10,000, which is the amount of the 
 debt intended to be ci-eated under this by-law; 
 
 And whereas it is desirable to make the principal of the 
 said debt repayable by annual instalments during the period 
 of thirty years next after the issue of the debentures there- 
 for, such instalments of principal to be of such amounts 
 that the aggregate amount payable for principal and inter- 
 est in any year shall be equal as nearly as may be to what is 
 payable for principal and interest during each of the other 
 years ; 
 
 And whereas it will be necessary to raise annually for 
 the period of thirty years during the currency of the deben- 
 tures to be issued hereunder by a special rate sufficient 
 therefor on all the ratable property of the municipality, 
 the sum of $650.51^ for paying the several instalments of 
 principal and interest thereon at the rate of five per cent, 
 per annum; 
 
 Arid whereas the amount of the whole ratable property 
 of the said Town of East Toronto, according to the last re- 
 vised assessment roll, being for the year 1907, is the sum 
 of $1,859,355; 
 
 And whereas the existing debenture debt of the said Town 
 of East Toronto, exclusive of local improvement debenture 
 debt secured by special assessments therefor, amounts to the 
 sum of $173,603.04, and no part of the principal or interest 
 thereof is in arrear; 
 
 Therefore the Municipal Council of the Corporation of 
 the Town of East Toronto, enacts as follows: — 
 
 1. It shall be lawful for the Mayor of the said town to bor- 
 row on the credit of the Corporation of the Town of East 
 Toronto, the sum of $10,000 to pay for the said outstanding 
 liability, and for that purpose to issue debentures of the 
 said municipality for the said sum of $10,000 in sums of not 
 less than $100 each, which said debentures shall have cou- 
 po7is attached thereto for the payment of interest. 
 
 2. Tlie said debentures shall bear interest at the rate of 
 five per cent, per annum, payable yearly, and as to both 
 principal and interest, may be payable in any place in Great 
 Britain, or this Province, and may be expressed in sterling 
 money or Canadian currency. 
 
232 
 
 3. The Mayor of the said town shall sign and issue the 
 said debentures, and the said coupons attached thereto, and 
 shall cause the same to be signed by the Treasurer of the 
 said municipality, and the Clerk of the said municipality is 
 hereby authorized and instructed to attach the corporate 
 seal of the said municipality to the said debentures. 
 
 4. The said debentures shall be dated and issued within 
 two years next after the passing of this by-law, and shall 
 be payable in thirty annual instalments during the thirty 
 years next after the day on which the same are issued, and 
 the respective amounts of principal and interest payable in 
 each of the said years shall be as follows: — 
 
 Year. 
 
 Principal. 
 
 Interest. 
 
 Total. 
 
 1st. 
 
 
 "^1 
 
 
 00 
 
 
 
 2riri 
 
 
 04- 
 
 4Q9 
 
 47 
 
 
 51 
 
 3rd. 
 
 
 Q4. 
 
 4-S4- 
 
 O I 
 
 
 51 
 
 4th 
 
 1 74- 
 
 9S 
 
 /CO 
 
 476 
 
 
 \}0\J 
 
 51 
 
 5th 
 
 
 o o 
 
 4fi7 
 
 
 
 51 
 
 6th. ' 
 
 
 1 0 
 
 rtOO 
 
 4-1 
 
 
 51 
 
 ox 
 
 7th 
 
 901 
 
 
 448 
 
 81 
 
 O -L 
 
 6^0 
 
 \)0\} 
 
 51 
 
 O X 
 
 8th. 
 
 91 1 
 
 /C' JL X 
 
 7Q 
 
 TCOO 
 
 79 
 
 \iO\J 
 
 51 
 
 O X 
 
 9th 
 
 
 oo 
 
 498 
 
 1 s 
 
 
 51 
 
 O X 
 
 10th. 
 
 
 ^0 
 
 41 7 
 
 01 
 
 650 
 
 51 
 
 O X 
 
 11th. 
 
 
 1 7 
 
 4-0 T 
 
 ^4- 
 
 \}0\J 
 
 51 
 
 O X 
 
 12th. 
 
 /C o i 
 
 ■iO 
 
 oy o 
 
 HQ 
 
 OOU 
 
 01 
 
 ±0 Lil. 
 
 270 
 
 30 
 
 380 
 
 21 
 
 650 
 
 51 
 
 14th. 
 
 283 
 
 82 
 
 366 
 
 69 
 
 650 
 
 51 
 
 15th. 
 
 298 
 
 00 
 
 352 
 
 51 
 
 650 
 
 51 
 
 16th. 
 
 312 
 
 91 
 
 337 
 
 60 
 
 650 
 
 51 
 
 17th. 
 
 328 
 
 55 
 
 321 
 
 96 
 
 650 
 
 51 
 
 18th. 
 
 344 
 
 98 
 
 305 
 
 53 
 
 650 
 
 51 
 
 19th. 
 
 362 
 
 23 
 
 288 
 
 28 
 
 650 
 
 51 
 
 20th. 
 
 380 
 
 34 
 
 270 
 
 17 
 
 650 
 
 51 
 
 21st. 
 
 399 
 
 36 
 
 251 
 
 15 
 
 650 
 
 51 
 
 22nd. 
 
 419 
 
 33 
 
 231 
 
 18 
 
 650 
 
 51 
 
 23rd. 
 
 440 
 
 20 
 
 210 
 
 22 
 
 650 
 
 51 
 
 24th. 
 
 462 
 
 31 
 
 188 
 
 20 
 
 ' 650 
 
 51 
 
 25t]i. 
 
 485 
 
 42 
 
 165 
 
 09 
 
 650 
 
 51 
 
 26th. 
 
 509 
 
 70 
 
 140 
 
 81 
 
 650 
 
 51 
 
 27th. 
 
 535 
 
 19 
 
 115 
 
 32 
 
 650 
 
 51 
 
 28th. 
 
 561 
 
 95 
 
 88 
 
 56 
 
 650 
 
 51 
 
 29th. 
 
 590 
 
 04 
 
 60 
 
 47 
 
 650 
 
 51 
 
 30th. 
 
 619 
 
 54 
 
 30 
 
 97 
 
 650 
 
 51 
 
 $10,000 00 
 
 5. For the purpose of paying the said instalments of prin- 
 cipal and interest as the same become due respectively, the 
 said sum of $650.51 shall be levied and raised in each and 
 
233 
 
 every year during the said period of thirty years, the cur- 
 rency of the said debentures, by a special rate sufficient 
 therefor over and above all other rates and taxes upon all 
 the ratable property /)f the said municipality. 
 
 6. This by-law shall come into force and take effect on the 
 day of the final passing thereof. 
 
 7. The votes of the electors of the said municipality quali- 
 fied to vote on the present by-law shall be taken on Monday, 
 ,the 6th day of January, 1908, commencing at 9 o'clock in 
 the forenoon, and continuing until 5 o'clock in the afternoon 
 at the following places within the said municipality: — 
 
 Ward No. 1, Polling Sub-division No. 1, at the Public 
 School House on Pine* Avenue. • 
 
 Polling Sub-division No. 2, at the Fire Hall on Spruce 
 Avenue. 
 
 Ward No. 2, Polling Sub-division No. 1, at W. H. SnelFs 
 Hall at the corner of Main and Gerrard Streets. 
 
 Polling Sub-division No. 2, at the Fire Hall on Main 
 Street. 
 
 Polling Sub-division No. 3, at the Public School House 
 on Kimberley Avenue. 
 
 Ward 3, Polling Sub-division No. 1, at W. H. Grant's Law 
 Office on Main Street. 
 
 Polling Sub-division No. 2, at the Fire Hall on the Dawes 
 Road, and the Deputy Returning Officers and Poll Clerks 
 who shall act at the municipal elections shall be the Deputy 
 Returning Officers and Poll Clerks respectively in taking 
 tile vote under this by-law. 
 
 8. On Thursday, the 2nd day of January, A. D. 1908, 
 at the hour of ten o'clock in the forenoon, at the office of the 
 Clerk of the said town on Main Street, the Mayor shall 
 appoint, in writing, two persons to attend the final sum- 
 ming up of the votes by the Clerk, and one person to attend 
 the poll at each polling place on behalf of the persons in- 
 terested in and desirous of promoting the passing of this 
 by-law, and one person on behalf of tlie ])ersons interested in 
 and desirous of opposing the passing of this by-laAV. 
 
 9. The Clerk of the municipal council of the said town 
 shall attend at his office on Main Street in the said town at 
 12 o^clock noon, on Tuesday, the 7th day of January, 1908, 
 to sum up the number of votes given for and against this 
 ])y-law. 
 
 Read the first time, November 25th, 1907. 
 Read the second time, December 9th, 1907. 
 
234 
 
 Read the third time and finally j^assed January 27th 
 1908. 
 
 (Sgd.) Andrew McMillin, 
 
 (Sgd.) W. H. Clay, 
 
 Mayor. 
 
 Clerh 
 
 (L.S.) 
 
 , 8 Edw. VII. c. 22 (Ont.) 
 
 An Act to Validate Certain By-laws Passed and 
 Contracts Made Pursuant to ''An Act to Pro- 
 vide for the Transmission of Electrical Power to 
 Municipalities." 
 
 [Assented to lUh April, 1908.] 
 
 HIS MAJESTY^ by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 Certain By- 
 laws author- 
 izing con- 
 tracts with 
 Hydro 
 Electric 
 I'ower 
 Commission 
 confiriried. 
 
 1. The By-laws passed by the Municipal Corporation of 
 the Cities of Toronto, Hamilton, London, Brantford, Gnelph, 
 Stratford, St. Thomas, Woodstock; the Towns of Ingersoll, 
 Berlin, Gait, Toronto Junction, Hespeler, St. Marys, Preston, 
 Paris and Waterloo; and the Villages of New Hamburg and 
 Weston, purporting to authorize the said Corporations or 
 the Councils thereof, respectively, to enter into a contract 
 with the Hydro-Electric Power Commission of Ontario for 
 a supply of electrical power to be transmitted from Niagara 
 Falls, and the estimates therein set forth, if any, are de- 
 clared to be, in form and in substance, a sufficient com- 
 pliance with the provisions of the Act entitled " An Act to 
 provide for the Transmission of Electrical Power to Munici- 
 palities/' and the said by-laws are hereby confirmed and de- 
 clared to be sufficient, legal, valid and binding for the pur- 
 poses thereof. 
 
 By-iaw.s for 2. The by-laws passed by the said Coi-porations or any of 
 constructic^ ^^iem foT the issue of debentures to provide for the con- 
 
 6 Ed. VII., c 
 15; 7 Edw. 
 VII ., c. 19. 
 
 of distribution 
 
 lilantscon- struction of a plant to distribute the said power within 
 the limits of the said Corporations and all debentures to 
 be issued thereunder and all assessments to be made and 
 
 firnied. 
 
235 
 
 rates to be levied are hereby coiifirincd and declared to be 
 valid. 
 
 3. The contracts set . at as Schedules " A'^ hereto between (jontracts be- 
 the said Commission and the Ontario Power Company oi ^,"1^^^;",^!^^^^^^^ 
 Niagara Falls are hereby confirmed and declared to be Ontario Power 
 
 1 T T TT Co. confirmed. 
 
 legal and valid. 
 
 4. The form oi' contract set forth as Schedule " B here- Form of con- 
 to between the said Commission and the said Corporations ^^^^^^-^^p^jj^ 
 
 is declared to be a ^lufficient compliance with the provi- approved, 
 sions of the said Act, and the said Corporations, or any of 
 them, are authorized an 'i empowered to enter into a contract 
 with the said Commission in said form, or with such addi- 
 tions and alterations as may be approved of by the Lieuten- 
 ant-Governor in Council; and when executed the said con- 
 tract shall be legal, valid, and binding on the parties thereto 
 for the purposes of the said Act. 
 
 SCHEDULE " A.'^ 
 
 This Agreement made the nineteenth day of March, 1908, 
 between The Hydro-Electric Power Commission of On- 
 tario, acting herein on its own behalf and w^ith tlie ap- 
 proval of the Lieutenant-Governor in Council (here- 
 inafter called the " Commission party of the First 
 Part, and The Ontario Power Company of Niagara 
 Falls (hereinafter called the Company party of the 
 Second Part. 
 
 Whereas the Commission invited tenders for electric power 
 to be supplied at or near the Niagara Falls, and the Company 
 made the lowest tender for the supply of power to the Com- 
 mission for their purposes under the provisions of the Poiuer 
 Commission Act. 
 
 And whereas certain municipalities have applied to the 
 Commission for the maximum price of such power at Nia- 
 gara Falls and for estimates of the cost of transmission to 
 the said municipalities; 
 
 And whereas the estimates of the Commission will be based 
 in part upon this agreement, and the Commission will be 
 required to devote time and skill and expend moneys in the 
 preparation of such estimates, and such estimates are to 
 be used by said municipalities for the purposes fully set 
 forth in the said Act; 
 
 And whereas the Commission declined other tenders and 
 accepted the tender of the Company and entered into the 
 
236 
 
 agreement hereto attached, but it was provided that certain 
 additions might be made to the said agreement, and the 
 parties have agreed to var}^ the said agreement in the man- 
 ner hereinafter set forth; 
 
 Now therefore this Indenture witnesseth that in cons^id- 
 eration of the premises and of the mutual covenants and 
 agreements herein contained, the parties hereto have 
 mutually agreed and do each agree with the other as fol- 
 lows : — 
 
 1. That, except in so far as the said agreement is modi- 
 fied by this present agreement the same shall stand and 
 be of full force, virtue and effect and binding between the 
 parties. 
 
 2. The Company hereby agrees: — 
 
 (a) At the expiration of ninety days' notice in writing 
 by the Commission to the Company to deliver eight thou- 
 sand (8,000) horse power or more of electric power to the 
 Commission. 
 
 (h) At the expiration of three months' like notice, which 
 may be given from time to time during the continuance of 
 this agreement, to deliver from time to time to the Com- 
 mission in blocks of not less than one thousand (1,000) horse 
 power each, additional electric power until the total amount 
 so delivered shall amount to thirty thousand (30,000) horse 
 power. 
 
 (c) At the expiration of nine months' like notice, which 
 may be given from time to time during the continuance of 
 this agreement, to deliver from time to time to the Com- 
 mission in like blocks, additional electric power until the 
 total so delivered shall amount to one hundred thousand 
 (100,000) horse power. 
 
 (d) The Commission shall not be bound to take or pay 
 for any electric power until notice shall have been given 
 as above p'rovided. 
 
 (e) The Commission agrees to use all diligence by every 
 lawful means in its power to procure such i demand from 
 the municipalities, corporations, companies or persons for 
 the power dealt with by this agreement so that at as eatly 
 a date as possible the Commission will be in a position to give 
 the notice above referred to the Company for the supply of 
 power in question, and if notwithstanding the exercise of all 
 such reasonable diligence the Commission is not able within 
 a period of eighteen months from the date of this agree- 
 ment to give such notice, then the Company shall be at 
 liberty to determine the agreement and it shall thereupon 
 be no longer binding upon the parties hereto. 
 
237 
 
 (/) The Commission agrees to take power exclusively from 
 the Company up to the said 30,000 horse power, and also 
 in addition thereto one-half of the amount of power required 
 by the Commission up to the said 100,000 horse power; 
 thereafter the Commission may, at its option, take power 
 from other sources. 
 
 * 3. The Company hereby agrees to deliver, and the Com- 
 mission agrees to purchase and pay for the said several quan- 
 tities of electric power on the terms and conditions of this 
 agreement. 
 
 4. The Commission hereby agrees to pay to the Company 
 for such power so delivered under the terms of this agree- 
 ment at the rate of $9.40 per horse power per annum for 
 power at 12,000 volts, and at the rate of $10.40 per horse 
 power per annum for power at G 0,000 volts, and when the 
 amount reserved and held ready for delivery npon the order 
 of the Commission is in all 25,000 horse power or more, 
 payment shall be made at the rate of $9.00 per horse power 
 per annum for power at 12,000 volts, and at the rate of 
 $10.00 per horse power per annum for power at 60,000 volts. 
 If power is taken at a higher voltage than 60,000 volts the 
 price shall be determined as hereinafter provided. The 
 power shall be paid for monthly in gold coin of the present 
 standard of weight and fineness in twelve amounts in each 
 year at the office of the Company at Niagara Falls, Ontario, 
 and bills shall be rendered by the Company on the first 
 and paid by the Commission on or before the fifteenth of 
 each month. 
 
 5. The Commission shall pay for three-fourths of the 
 power ordered by the Commission and held in reserve for it 
 as herein provided, whether it takes the same or not. 
 
 6. When the greatest amount of power taken for any 
 twenty consecutive minutes during any month shall exceed 
 three-fourths of the amount during such twenty consecutive 
 minutes ordered by the Commission and held in reserve, 
 then the Commission shall pay for this greater amount dur- 
 ing that entire month. 
 
 7. The point of delivery shall be the property line between 
 the Company's distributing station and the right of way of 
 the Michigan Central Eailway at Niagara Falls, Ontario, 
 Canada, and at or near this point on the Company's land 
 the Commission shall have the right to erect and maintain 
 during the continuance of this agreement its initial line ♦ 
 structure or structures. 
 
 8. This agreement shall remain in force for ten years from 
 the date of the expiration of the said ninety da)^s' notice. 
 The Commission may, at its option, continue this agree- 
 
238 
 
 ment for one, two or three further consecutive terms of ten 
 years each by giving notice in writing of its intention to 
 continue this agreement for the second term of ten years, 
 at least three years before the expiration of the first term of 
 ten years, and if pursuant to such notice this agreemenl^ is 
 continued, by giving notice of its intention to continue this 
 agreement for the third period of ten years at least three 
 years before the expiration of the second term of ten years, 
 and if pursuant to such last mentioned notice this agree- 
 ment is continued, by giving notice of its intention to con- 
 tinue this agreement for the fourth term of ten years at 
 least three years before the expiration of the third term of 
 ten years. This agreement shall not in any event extend 
 beyond the 1st of April, 1950, the date at which the first 
 term of years of an agreement of the Company with the 
 Commissioners of the Queen Victoria Niagara Falls Park, 
 dated eleventh April, 1900, will expire. 
 
 9. The electric power herein contracted for shall be three 
 phase, alternating, commercially continuous twenty-four 
 hour power every day of the year except as provided in 
 paragraph 17 hereof. 
 
 10. It is agreed that the maintenance by the Company 
 of approximately the agreed voltage at approximately the 
 agreed frequency at the line switch or switches of the Com- 
 pany shall constitute the delivery of all power involved 
 herein and the fulfilment of all operating obligations here- 
 under: and that when voltage and frequency are so main- 
 tained, the amount of the power, its fiuctuations, load factor, 
 power factor, distribution as to phases, and all other electric 
 characteristics and qualities are under the sole control of 
 the Commission, its agents, customers, apparatus, appliances 
 and circuit. 
 
 11. The several blocks of power herein provided for shall 
 be the amounts which the Company shall from time to time 
 hold in reserve upon the order of the Commission, and the 
 Commission shall not at any time take more than the amount 
 so ordered and held in reserve for it. 
 
 12. The Commission shall so take power that the kilo volt 
 amperes so taken shall not at any time exceed by more than 
 ten per cent, the kilowatts held in reserve for it, and this 
 provision shall apply proportionately to each circuit and 
 phase. 
 
 13. The Company shall at all times use first-class, modern 
 standard, commercial, hydro-electric power apparatus and 
 plant and the power shall be delivered at approximately 
 12,000 volts or approximately 00,000 volts unless otherwise 
 agreed as hereinafter provided, and at approximately 25 
 
239 
 
 cycles per second; the Company shall use lirst-class, modern, 
 standard regulating apparatus and all due skill and diligence 
 to maintain the power at such voltage and frequency. The 
 Commission may require part of the said power to be de- 
 livered at more than 60,000 volts and the Company shall 
 be entitled to have the price for such higher voltage in- 
 creased to such an extent .as shall be relatively the equiva- 
 lent, but without increased profit, to the price of power de- 
 livered at G0,000 volts, and in case the Company and the 
 Commission cannot fix the higher voltage and the price to be 
 paid therefor, the voltage may be fixed and the price to be 
 paid determined under The Arbitration Act, Revised Statutes 
 of Ontario, 1897, Chapter 62, in a summary manner and 
 without appeal. N'ofwithstanding any award the Commis- 
 sion may decide to take power at 12,000 or 60,000 volts, 
 but in that event the Commission shall pay all costs of said 
 arbitration. The Commission shall with the ninety days' 
 notice before mentioned specify in writing to the Company 
 that the power is to be delivered at not more than two of 
 the said voltages or partly at one of the two and partly 
 at the other voltage, and the Company shall deliver power 
 or at the same time a certain part of the power at one volt- 
 age, and a certain part at the other so specified. The Com- 
 mission may from time to time vary the quantities to be de- 
 livered at the specified voltages and thereupon the Company 
 shall deliver the said power as varied, but the price for the 
 power specified at the higher voltage shall not be reduced 
 if the power is taken at the lower voltage. If part of the 
 power is specified at a voltage higher than 60,000 v©lts the 
 Commission shall give one yearns notice instead of ninety 
 days' notice for that part of such power. 
 
 11. The Commission and its customers shall select and 
 use transformers and all apparatus most suitable to receive 
 the electric power produced by the apparatus of the Com- 
 pany and the Commission's transmitting, transforming, trans- 
 lating, and all other apparatus and devices upon its circuits 
 when receiving power from the Company shall be of modern 
 standard design and construction and shall be operated and 
 maintained with special reference to securing the highest 
 efficiency and most perfect operation not only of its own 
 but also of the apparatus of the Company when receiving 
 power from the Company; and the Commission shall install 
 upon and equip all circuits with such approved protective 
 devices as are in commercial use, and operate its circuits in 
 such a manner as will to the then greatest extent protect 
 the apparatus and circuits of the Company from damage and 
 interruption by lightning, short-circuiting or otherwise, so 
 as to save harmless the Company from any damage that may 
 
240 
 
 arise in the use of the said power supplied by the Company 
 to the said Commission. 
 
 After the happening of any of the events provided for in 
 paragraphs 17 and 22, power shall be delivered first to the 
 Commission before re-establishing power to any other cus- 
 tomer or customers of the Power Company, provided that 
 the Commission's lines are ready to receive such power. 
 
 15. The power herein provided for shall be measured by 
 curve-drawing meters. These meters shall be subject to test 
 as to accuracy by either party hereto. 
 
 16. The engineers of the Commission, or one or more of 
 them, or any other person or persons appointed for this 
 purpose by the Commission, shall have the right from time 
 to time during the continuance of this agreement to insp(jct 
 the apparatus, plant and property of the Company and take 
 records at all reasonable hours on giving to the Company 
 six hours' notice of the intention to make such inspection. 
 The Company shall have a like right on giving a like notice 
 to inspect the apparatus, plant and property of the Commis- 
 sion and of the municipalities, companies and persons who 
 are using power supplied by it through or to the Commis- 
 sion. 
 
 17. In case the Company shall at any time or times be 
 prevented from delivering said power, or any part thereof, 
 or in case the Commission shall at any time be prevented 
 from taking said power, or any part thereof, by strike, lock- 
 out, riot, fire, invasion, explosion, act of God or the King's 
 enemies, or any other cause reasonably beyond their control, 
 then the Com|)any shall not be bound to deliver such power 
 during such time and the Commission shall not be bound to 
 pay for such power during such time, but as soon as the 
 cause of such interruption is removed the Company shall 
 without any delay deliver the said power as aforesaid and the 
 Commission shall take the same and each of the parties 
 hereto shall be prompt and diligent in removing and over- 
 coming such cause or causes of interruption. 
 
 18. If and so often as any interruption shall occur in the 
 service of the Company due to any cause or causes other than 
 those provided for by the next preceding paragraph hereof, 
 the Company shall pay to the Commission as liquidated and 
 ascertained damages, and not by way of penalty, as follows : — 
 For any interru])tion less than one hour double the amount 
 payable for power which should have been delivered during 
 the time of such interruption, and for any interruption of 
 one hour or more, the amount payable for the power which 
 should have been delivered during the time of such inter- 
 ru])tion and twelve times the last mentioned amount in ad- 
 
241 
 
 dition thereto and all moneys payable under this paragraph 
 when the amount thereof is settled between the parties may 
 be deducted from any moneys payable by the Commission to 
 the Company under this agrcernent, but such right of deduc- 
 tion shall not in any case delay the monthly payments for 
 power contracted for by this agreement. 
 
 19. It is recognized by both the parties hereto that the state 
 of the art of production, transmission and application of 
 electric energy is subject to constant advance, and that it is 
 impossible by contract to cover all the requirements and 
 conditions which time may develop; the Company and the 
 Commission, with the approval of the Lieutenant-Governor 
 in Council, while adhering to the provisions of this agreement, 
 will at any time upon the request of the other take up and 
 in good faith fairly consider with the aid of the respective 
 engineers any features or changes of the system as a whole or 
 any modifications of any of the provisions hereof, provided 
 it shall, appear to the party to whom such request is made 
 that compliance therewith shall tend to make this agreement 
 more effective and to make the venture of each party more 
 successful and certain; provided, however, that any such 
 action or the failure on the part of either party to require 
 of the. other exact conformity to the provisions of this agree- 
 ment, or any liberty or greater latitude beyond the pro- 
 visions of this agreement, allowed by either party to the 
 other in the course of the co-operation implied by the spirit 
 of this agreement, shall in no manner operate as or constitute 
 a precedent or amend or change the ''obligation of the parties 
 thereto. 
 
 20. This agreement is entered into subject to the pro- 
 visions of The Power Commission Act and neither the mak- 
 ing of this agreement nor anything herein contained shall in 
 any way limit or prejudice any rights and powers which the 
 Commission may now have to expropriate the plant and 
 apparatus of the said Company or any plant thereof or the 
 power generated by the said Power Company, or any other 
 power company, but nothing in this agreement shall be 
 taken to give or enlarge any such power. 
 
 21. It is agreed that in case any dispute shall arise re- 
 lating to the question of the performance and fulfilment of 
 any of the terms, provisoes or conditions of this agreement, 
 or as to the method or accuracy of the measurement of the 
 power, or as to any question which may arise under this 
 agreement, or as to the rights of any of the parties after the 
 termination of this agreement, under paragraph 22, the 
 same shall be determined by two independent persons, one 
 to be chosen by each of the parties to such dispute, and 
 
 16 
 
243 
 
 such persons before proceeding with the reference shall 
 appoint a third arbitrator to act with them, and the decision 
 of the said three arbitrators, or a majority of them, shall 
 be conclusive on both parties except as hereinafter provided, 
 and in case either of the said parties shall neglect or fail to 
 appoint an arbitrator within thirty days after the request 
 in writing by the other party, then the arbitrator appointed 
 by the other party may proceed alone and his award shall be 
 conclusive on both parties except as hereinafter provided. 
 The award shall be made within four months after the ap- 
 pointment of the first of such arbitrators, and in the event 
 of the two arbitrators appointed as aforesaid being unable or 
 unwilling to agree upon a third arbitrator for two weeks 
 after their appointment, or the appointment of the one of 
 them who was last appointed, then said third arbitrator shall 
 be chosen and appointed by the Chief Justice for the time 
 being of the King's Bench Division of the High Court of Jus- 
 tice for the Province of Ontario, or in the event of the said 
 Chief Justice being ill, absent from the Province or other- 
 wise unable or refusing to act, then such third arbitrator 
 shall be appointed by any Judge Qf the High Court of 
 Justice, or any Judge other than a local Judge. It is agreed 
 that there may be an appeal by either party from any deci- 
 sion or award of such arbitrators to the High Court of Justice 
 for Ontario in accordance with the provisions of The Arbi- 
 tration Act in that behalf. 
 
 22. In case the plant, apparatus, buildings or premises of 
 the Company, or any part thereof, shall at any time during 
 the continuance of this agreement be damaged or destroyed 
 so as to prevent the Company from supplying the said power 
 of the quantity and quality hereinbefore provided for to the 
 Commission, the Company shall use its best endeavour to 
 procure the said supply of power for the Commission other- 
 wise or elsewhere, and if the Company fails or neglects to 
 procure such power for the Commission then the Commission 
 may with the approval of the Lieutenant-Governor in Coun- 
 cil, procure such power at reasonable rates and charge the 
 same to the Company; and if the said power cannot be pro- 
 cured either by the Company or the Commission then the 
 Commission may with the approval of the Lieutenant-Gover- 
 nor in Council terminate this agreement. 
 
 23. If at any time that the quantity of power which is 
 being taken under this agreement by the Commission shall 
 amount to sixty per cent, or more of the total power which 
 the Company is developing and a complaint is then made 
 in writing by the Commission to the Company that the 
 Company has so continuously neglected or failed to perform 
 the terms of this agreement that the apparatus of the Com- 
 
243 
 
 mission or its customers camiot by reason of such neglect or 
 failure of the Company be operated to full efficiency and the 
 Company shall not within a reasonable time remedy such 
 neglect or failure, then the matter of complaint may be re- 
 ferred to the Lieutenant-Governor in Council, and if he de- 
 termine that there is a just ground of complaint he may 
 direct that the Company shall remedy such neglect or failure 
 within a time to be fixed by him, and if such neglect or 
 failure be not remedied as directed by him the Lieutenant- 
 Governor in Council may order that upon such terms as he 
 deem reasonable, including the rights of other parties 
 interested, the whole of the plant, apparatus and property 
 of the Company shall be transferred to the Commission, 
 whereupon, on payment and satisfaction of the said terms, 
 the amount of which payment and satisfaction is to be settled 
 by the arbitrators appointed as hereinbefore stated, the Com- 
 mission may, with the approval of the Lieutenant-Governor 
 in Council, take over the plant, apparatus and property and 
 the same shall be transferred to the Commission. 
 
 24. The Company agrees with the Commission that the 
 Company will not during the continuance of this agreement 
 exercise the right to cancel the agreement dated 11th April, 
 1900, between the Company and the Commissioners of the 
 Queen Victoria Niagara Falls Park. 
 
 25. In case any municipal corporation which shall con- 
 iract with the Commission for a supply of power, or any 
 })erson, firm or corporation which shall contract with any 
 such municipal corporation, or with the Commission for a 
 supply of power furnished to the Commission by the Com- 
 pany, shall suffer damages by the act or neglect of the Com- 
 pany, and such municipal corporation^ person, firm, or cor- 
 poration would, if the Company had made this contract 
 directly with them, have had a right to recover such dam- 
 •A'XQs or commence any proceedings or any other remedy, the 
 Commission shall be entitled to commence any such pro- 
 ceedings or bring such action for or on behalf of such 
 municipal corporation, person, firm or corporation, and 
 notwithstanding any acts, decision or rule of law to the 
 contrary the Commission shall be entitled to all the rights 
 and remedies of sucli municipal corporation, person, firm 
 or corporation, including the right to recover such damages, 
 but no action shall be brought by the Commission until such 
 municipal corporation, person, firm or corporation shall 
 have agreed with the Commission to pay any costs that may 
 be adjudged to be paid if such proceeding or action is unsuc- 
 cessful. The rights and remedies of any such municipal 
 corporation, person, firm or corporation shall not be hereby 
 y»rejudiced. 
 
26. Subject to the provisions of paragraphs 22 and 23 of 
 this agreement, notwithstanding there may be differences 
 betv/een the parties hereto as to the supply of sufficiency 
 of the said power or the payment therefor or any other 
 questions whatever which may arise under this agreement, 
 the Company shall continue to deliver the power and the 
 Commission to pay therefor and both parties shall continue 
 to carry out the contract notwithstanding such differences; 
 and when the matters v/hich may be so in issue shall be 
 finally determined by the reference to arbitration in the 
 manner provided by paragraph 21 hereof, the parties shall 
 deal with such matters according to the terms of the award 
 which may be made upon such reference. It being the 
 distinct agreement between the parties that there shall not 
 be during the period of this agreement any stoppage or ces- 
 sation in the supply of the said power or on the payments 
 therefor, but that the same shall be continued as if there 
 was no such difference. 
 
 27. The Company shall, not directly or indirectly deliver 
 power in Ontario to any person or corporation that it is 
 intended shall be supplied by the Commission under this 
 agreement. In case any difference arises as to the said 
 supply the same shall be settled with the said arbitrators. 
 This paragraph shall not be held lo cover or interfere with 
 the supply of power agreed to be delivered by the said 
 Company to any persons or corporations other than the 
 Commission at the date on which the first block of power is 
 ordered by the Commission from the Company under this 
 agreement, but the said supply of power shall continue 
 unaffected by this agreement. The Commission agrees it 
 will not supply power at less than 60,000 volts at a price 
 less than the price herein provided for power at 60.000 volts, 
 with the cost of transforming added thereto, to any person or 
 corporation in the territory supplied from the transmission 
 lines of the Company at the rate at which the first block of 
 power is ordered by the Commission from the Company 
 under this agreement. In case any difference arises as to 
 the extent of such territorv^ the same shall be settled by 
 said arbitrators. 
 
 28. This agreement shall extend to, be binding upon and 
 inure to the benefit of the successors and assigns of the 
 parties hereto. 
 
 29. Notwithstanding anything hereinbefore contained this 
 agreement shall not come into operation as against the Com- 
 mission or be binding upon the Commission until, in ad- 
 dition to any other Orders in Council, pursuant to said Act, 
 an Order in Council has been passed and approved by the 
 Lieutenant-Governor in Council expressly declaring that 
 
245 
 
 this agreement shall from the date of sueh order in Council 
 be binding upon the Commission, but this shall in no way 
 interfere with the agreement contained in paragraph 2 {e), 
 and the Commission undertakes to do all things lawful in 
 its power that may be needed to bring this agreement into 
 operation at as early a date as possible and to procure the 
 assent and declaration of the said Lieutenant-Governor in 
 Council above referred to, and the said Company agrees to 
 co-operate with the Commission by all lawful means in its 
 power to carry out the object of this agreement. 
 
 In witness whereof the said Commission has affixed its cor- 
 porate seal and has signed, sealed and executed the present 
 agreement ; and the Company by and through its President 
 and Secretary duly authorized for all purposes hereof has 
 hereunto affixed its corporate seal under the hands of its 
 President and Secretary. 
 
 (Seal.) 
 
 A. Beck, 
 
 John S. Hendrie, 
 W. K. McNaught. 
 
 The Ontario Power Company 
 
 OF Niagara Falls. 
 J. J. Albright. 
 
 President. 
 
 Robert C. Board, 
 
 Secretary. 
 
 (Seal.) 
 
 This Agreement made this 12th day of August, 1907, be- 
 tween The Hydro-Electric Power Commission of On- 
 tario, acting herein on its own behalf and with the ap- 
 proval of the Lieutenant-Governor in Council (here- 
 inafter called the "Commission^'), party of the First 
 Part, and The Ontario Power Company of Niagara Falls, 
 incorporated by the Parliament of the Dominion of 
 Canada, under and by virtue of Act. 1887, 50-51 Vic- 
 toria, Chapter 120; Act 1891, 54-55 Victoria, Chapter 
 126; Act 1893, 56 Victoria, Chapter 89; Act 1899. 62-63 
 Victoria. Chapter 105; Act 1900, 63-64 Victoria, Chap- 
 ter 115. and Act 1902, 2 Edward VII., Chapter 86 
 (hereinafter callerl the "Company^'), party of the 
 Second Part. 
 
 Whereas, the Commission is duly incorporated under the 
 provisions of an Act passed by the Legislature of the Pro- 
 
246 
 
 vince of Ontario, in the sixth year of His Majesty King 
 Edward VII., and Chaptered 15, and under the provisions 
 of said Act is authorized to contract with any company gen- 
 erating electrical power or energy for a supply of electrical 
 power or energy to the Commission: 
 
 And whereas, the Company, under the provisions of the 
 Statutes of Canada, above recited, and under the provisions 
 of certain agreements dated April 11, 1900, August 15, 
 1901, June 28, 1902, and February 28, 1903, between the 
 Company and the Commissioners of the Queen Victoria Nia- 
 gara Falls Park, to which agreements reference is speci- 
 fically made, has constructed a series of works in the vicinity 
 of Niagara Falls, Ontario, in which the Company is now 
 generating electrical power, and is prepared to sell and de- 
 liver the same in the quantities hereafter mentioned; 
 
 And whereas, the Commission invited tenders for electric 
 power to be supplied at or near the Niagara Falls, and the 
 Company made the lowest tender for the supply of power 
 to the Commission for their purposes under the provisions 
 of the said Act; 
 
 And whereas, certain municipalities have applied to the 
 Commission for the maximum price of such power at Nia- 
 gara Falls, and for estimates of the cost of transmission 
 to the said municipalities; 
 
 And whereas, the estimates of the Commission will be 
 based in part upon this agreement, and the Commission will 
 be required to devote time and skill and expend moneys in 
 the preparation of such estimates, and such estimates are 
 to be used by said municipalities for the purposes fully set 
 forth in said Act; 
 
 ^And whereas, the Commission has declined other tenders 
 and has decided to accept the tender of the said Company 
 under the terms of this agreement; 
 
 Now therefore in consideration of the premises and of 
 the mutual covenants and agreements herein contained and 
 of other valuable considerations, the parties hereto have 
 mutually agreed, and do each agree with the other as fol- 
 lows 
 
 1. The Company hereby agrees: — 
 
 (a) At the expiration of ninety days' notice in writing by 
 the Commission to the Company to deliver eight thousand 
 (8,000) horse power or more to the Commission and the 
 Commission hereby agrees to purchase and pay for the same. 
 
 (h) At the expiration of three months' like notice to de- 
 liver from time to time to the Commission in blocks of not 
 less than one thousand (1,000) horse power each, additional 
 
247 
 
 power until the total so delivered shall amount to thirty 
 thousand (30,000) horse power, and the Commission hereby 
 agrees to purchase and pay for the same. 
 
 (c) At the expiration of nine months^ like notice to deliver 
 from time to time in like blocks additional power until the 
 total so delivered shall amount to one hundred thousand 
 (100,000) horse power, and the Commission agrees to pur- 
 chase and pay for the same. 
 
 2. The Commission agrees to take power exclusively from 
 the Company up to the said 30,000 horse power, and also in 
 addition thereto one-half of the amount of power required 
 by the Commission up to the said 100,000 horse power; there- 
 after the Commission may, at its option, take power from 
 other sources. 
 
 3. The Company hereby agrees to deliver and the Com- 
 mission to purchase and pay for the said several quantities 
 of horse power on the terms and conditions of this agree- 
 ment as hereinafter provided. 
 
 4. This agreement shall remain in force for ten years from 
 the date of the expiration of the said ninety days^ notice. 
 The Commission may at its option continue this agreement 
 for one, two or three further consecutive terms of ten years 
 each by giving notice in writing of their intention to con- 
 tinue this agreement for the second term of ten years, at 
 least three years before the expiration of the first terai 
 of ten years, and if the term be thus extended on giving 
 notice of their intention to continue this agreement for the 
 third term of ten years by giving a like notice at least three 
 years before the expiration of the second term of ten years, 
 and if the term be then exjtended on giving notice of their 
 intention to continue »this agreement for the fourth term of 
 ten years by giving a like notice at least three years before 
 the expiration of the third term of ten years. This agree- 
 ment shall not in any event extend beyond 1st April, 1950, 
 the date at which the first term of years of the above recited 
 agreement of the Company with the Commissioners of the 
 Queen Victoria Niagara Falls Park, dated the 11th April, 
 1900, will expire. 
 
 5. This agreement is entered into subject to the provi- 
 sions of The Power Commission Act and neither the making 
 of this agreement nor anything herein contained shall in 
 any way limit or prejudice any right and power which the 
 Commission may now have to expropriate the plant and 
 apparatus of the said Company or any part thereof or the 
 power generated by the said Power Company or any other 
 Power Company, but nothing in this agreement shall be 
 taken to give or enlarge any such power. 
 
248 
 
 6. The electrical power herein contracted for shall be 
 three-phase, alternating, commercially continuous twenty- 
 four hour power every day of the year, except as provided in 
 paragraph hereof 
 
 7. It is hereby agreed by and between the parties hereto 
 that the maintenance by the Power Company of approxi- 
 mately the agreed frequency at the line switch or switches 
 of the Company shall constitute the delivery of all power 
 involved herein and the fulfilment of all operating obliga- 
 tions hereunder, and that when voltage and frequency are 
 so maintained the amount of the power, its fluctuations, load 
 factor, power factor, distribution as to phases and all other 
 electrical characteristics and qualities are under the sole con- 
 trol of the Commission, its agents, customers' apparatus, 
 appliances and circuits. 
 
 8. The Company shall at all times use first-class modern, 
 standard, commercial hydro-electric power apparatus and 
 plant and the power shall be delivered at approximately 
 60,000 volts and at approximately twenty-five cycles per 
 second, and the Company shall use first-class modern, stand- 
 ard, regulating apparatus, and all due skill and diligence 
 to maintain the power at such voltage and frequency. 
 
 9. The several blocks of power herein provided for shall 
 be the amounts which the Company shall from time to time 
 hold in reserve ready for the Commission, and the Commis- 
 sion shall not at any time take more than the amount so 
 held in reserve for it. 
 
 The Commission shall so take power that the kilo-volt 
 amperes so taken shall not at any time exceed by more than 
 5 per cent, the kilowatts held in reserve for it, and this pro- 
 vision shall apply proportionately to each circuit and phase. 
 
 10. The power herein provided for shall be measured by 
 curve-drawing meters. These meters shall be subject to test 
 as to accuracy by either party hereto. 
 
 The Commission shall pay for three-fourths of the power 
 held in reserve for it, as herein provided, whether it takes the 
 same or not. 
 
 When the greatest amount of power taken for any 
 twenty (20) consecutive minutes during any month shall 
 exceed three-fourths of the amonnt at that time held in re- , 
 serve for the Commission, then it shall pay for this greater 
 amount during that entire month. 
 
 11. The point of delivery shall be the property-line be- 
 tween the Company's Distributing Station and the right of 
 way of the Michigan Central E. H. at Niagara Falls, Ontario, 
 Canada, nnrl ;ii this point the Commission shall have the 
 
249 
 
 right to erect and maintain its initial line structure or struc- 
 tures. 
 
 12. In case the (company sliall he pj'evented from deliver- 
 ing said power, or in case the Commission shall be prevented 
 from taking said power, by strike, lockout, riot^ fire, invasion, 
 explosion, act of God, or the King's enemies, or any other 
 cause reasonably beyond their control, then the Company shall 
 not be obligated to deliver such power during such period; 
 and the Commission shall not be obligated to pay for such 
 ])ower during such period; but nothing Herein contained 
 shall be construed as permitting the Company to refuse 
 to deliver power, or the Commission to refuse to take 
 the same as soon as the cause of interruption is removed, 
 and each of the parties hereto shall be prompt and 
 diligent in removing and overcoming such cause or 
 causes. 
 
 13. If interruptions occur in the service of the Company 
 due to causes other than above, deductions shall, be made as 
 follows : — For interruptions less than one hour, double 
 the amount payable for power for the time of such default, 
 and for interruptions of one hour or more, the amount other- 
 wise payable for the day. 
 
 14. The Commission and its customers shall select and use 
 transformers and all apparatus most suitable to receive the 
 electric power produced by the apparatus of the Company, 
 and the Commission's transmitting, transforming, transjat- 
 ing and all other apparatus and devices upon its circuits shall 
 be of standard design and construction and shall be operated 
 and maintained with special reference to securing the highest 
 efficiency and most perfect operation, not only of its own,, but 
 also of the apparatus of the Company when receiving power 
 from the Company; and the Commission shall install upon 
 and equip its circuits with such approved protective devices 
 as are in commercial use and operate it? circuits in such a 
 manner as will to the then greatest extent protect the appara- 
 tus and circuits of the Company' from damage and interrup- 
 tion by lightning, short circuiting or otherwise, so as to save 
 harmless the Company from any damage that may arise in 
 the use of the said power supplied by the Company to the 
 «aid Commission. 
 
 After the happening of any of the events provided for in 
 ])aragraphs 12 and 13, power shall be delivered first to the 
 Commission before re-establishing power to any other cus- 
 tomer or customers of the Power Compan}', provided that 
 the Commission's lines are ready to receive such power. 
 
 15. St is recognized by both the parties hereto that the state 
 of the art or production and transmission and application 
 
250 
 
 of electrical energy is subject to constant advance, and that 
 it is impossible by contract to cover all requirements and con- 
 ditions which time may develop^ and the Company and the 
 Commission with the approval of the Lieutenant-Governor- 
 in-Council, while adhering to the provisions of this agreement, 
 will at any time upon the request of the other, take up and in 
 good faith fairl}^ consider, with the aid of their respective 
 engineers, any features or changes of the system as a whole 
 of the modifications of any of the provisions hereof, provided 
 it shall appear to the party to whom such request is made 
 that compliance therewith shall tend to make this agreement 
 more effective and to make the venture of each party more 
 successful and certain'; provided, however, that any such 
 action, or the failure on the part of either party to require 
 of the other exact conformity to the provisions hereof, or any 
 liberty or greater latitude beyond the provisions of this agree- 
 ment permitted by either party to the other, in the course 
 of the co-operation implied by the spirit of this agreement, 
 shall in no manner act as or constitute a precedent or amend 
 or change the obligations of the parties hereto. 
 
 16. The Commission hereby agrees to pay to the Company 
 for such power delivered under the terms of this agreement, 
 the sum of ten dollars and forty cents ($10.40) per horse 
 power per annum when the amount reserved and held ready, 
 upon the order of the Commission, for delivery under the 
 terms hereof, is less than twenty- five thousand (25,000) horse 
 power, and when the amount reserved and held ready for de- 
 livery upon like order exceeds twenty- five thousand (2'5„000) 
 horse power, the Commission agrees to pay the sum of ten 
 dollars ($10.00) per horse power per annum. The power 
 shall be paid for monthly in gold coin of the present stand- 
 ard of weight and fineness, in twelve amounts, in each year, 
 at the office of the Company in Niagara Falls, Ontario, and 
 bills shall be rendered for such payments on the first, ana 
 be paid on or before the fifteenth of each month. 
 
 17. At any time that the quantity of power which is being 
 taken under this agreement by the Commission shall amount 
 to sixty per cent, or more of the total power which the 
 Company is develo])ing and a complaint is then made in 
 writing by the Commission to the Company that the Com- 
 pany has so continuously neglected or failed to perform 
 the terms of this agreement that the apparatus of the Com- 
 mission or its customers cannot by reason of such neglect 
 or failure of the Company be operated to full efficiency, and 
 the Company shall not within a reasonable time remedy 
 such neglect or failure, then the matter of complaint may be 
 referred to the arbitrators appointed as hereinafter "ated. 
 and if the said arbitrators shall determine that there is a 
 
251 
 
 just ground of complaint they may by their award direct 
 that the Company shall remedy such neglect or failure 
 within a time to be fixed by the award, and if such neglect 
 or failure be not remedied as directed by the said award 
 the arbitrators may order that upon such terms as thqy 
 deem reasonable, including the rights of the other parties 
 interested, the whole of the plant, apparatus and property 
 of the Company shall be transferred to the Commission, 
 whereupon on payment and satisfaction of the said terms the 
 Commission may, with the approval of the Lieutenant-Gov- 
 ernor in Council, take over said plant, apparatus and pro- 
 perty, and the same shall be transferred to the Commission. 
 
 18. It is hereby declared and agreed that in case the 
 plant, apparatus, buildings or premises of the Company or 
 any part thereof shall at any time during the continuance of 
 this agreement be damaged or destroyed so as to prevent 
 the Company from supplying the said power of the 
 quantity and quality hereinbefore provided for to the Com- 
 mission and the Company is unable to supply the said power 
 within a reasonable time to be fixed if necessary by the said 
 arbitrators, the Commission may, with the approval of the 
 Lieutenant-Governor in Council, terminate this agreement, 
 and any questions as to terms of conditions connected with 
 such determination of the agreement shall be settled by the 
 said arbitrators. 
 
 19. It is further agreed by and between the parties hereto 
 that, in case any dispute shall arise relating to the question 
 of the performance or fulfilment of any of the terms, pro- 
 visoes or conditions of this agreement, or as to the method 
 or accuracy of the measurement of the power or as to any 
 other question which may arise under this agreement, the 
 same shall be finally determined by two independent per- 
 sons, one to be chosen by each of the parties to such dispute, 
 and such arbitrators shall, before proceeding with the refer- 
 ence, appoint a third arbitrator to act with them, and the 
 decision of the said three arbitrators or a majority of them 
 shall be conclusive on both parties, and m case either of 
 the said parties shall neglect or fail to appoint an arbitrator 
 within thirty days after the request in writing by the other 
 party, then the arbitrator appointed by the other party may 
 proceed alone, and his award shall be conclusive on all 
 parties. The award shall be made within four months after 
 the appointment of the first of such arbitrators, and, in 
 the event of the two arbitrators appointed, as aforesaid, 
 being unable or unwilling to agree upon a third arbitrator 
 for two weeks after their appointment or the appointment of 
 the one of them who was last appointed, then such third 
 arbitrator shall be chosen and appointed by the Chief Jus- 
 
252 
 
 tice for the time being of the King's Bench Division of the 
 High Court of Justice for the Province of Ontario, or in 
 the event of the Chief Justice being sick, absent from the 
 Province, or otherwise unable or refusing to act, then such 
 third arbitrator shall be appointed by any Judge of the 
 High Court of Justice other than a local Judge. It is agreed 
 that there may be an appeal by either party from any deci- 
 sion or award of such arbitrators to the High Court of Jus- 
 tice for Ontario in accordance with the provisions of The 
 Arbitration Act in that behalf. 
 
 20. Notwithstanding that there may be differences be- 
 tween the parties which may embrace the question of the 
 supply or insufficiency of the power or the payment there- 
 for or any other questions whatever that may arise under 
 this agreement, the Company shall continue to deliver the 
 power and the Commission to pay therefor and both parties 
 shall continue to carry out the contract notwithstanding 
 such differences, and when the matters which may be in 
 issue shall be finally determined by the reference as above 
 provided, the parties shall deal with such matters according 
 to the terms of the award that may be made on such refer- 
 ence. It being the distinct agreement between the parties 
 that there shall not be during the period of the agreement 
 any stoppage or cessation in the carrying on of the work, 
 but that the same shall be continuous and any matters in 
 difference shall not form a reason for interfering with the 
 same but shall be accommodated in the manner herein pro- 
 vided. 
 
 21. The Company will not, directly or indirectly, deliver 
 power in Ontario to any person or corporation that it is in- 
 tended shall be supplied by the Commission under this agree- 
 ment. 
 
 In case any difference arises as to such supply the same 
 shall be settled by the said arbitrators. 
 
 This clause shall not, however, be held to cover or inter- 
 fere with the supply of power agreed to be delivered by the 
 said Company to any persons or corporations other than 
 the Commission at the date on which the first block of 
 power is ordered by the Commission from the Company 
 under this agreement, but the said supply shall continue 
 unaffected by this agreement. 
 
 22. The Company agrees that it will not exercise the right 
 to cancel contained in the said agreement dated 11th April, 
 1900. 
 
 23. This agreement shall extend to and be binding upon 
 and inure to the benefit of the successors and assigns of 
 the parties hereto. 
 
253 
 
 2A. Tliis agreement shall have 'no force or ef¥ect until 
 approved by the Lieutenant-Governor in Council. 
 
 In witness whereof the said Commission has affixed its 
 corporate seal and has signed, sealed and executed the pre- 
 sent agreement; and the Company acting by and through 
 its President and Secretary duly authorized for all purposes 
 hereof has hereunto affixed its corporate seal under the 
 hands of the President and Secretary. 
 
 A. Beck. 
 
 John S. Hendrie. 
 (Seal.) W. K. McNaught. 
 
 The Ontario Power Company of Niagara Falls. 
 
 J. J. Albright, 
 
 President. 
 Kobert C. Board, 
 (Seal.) Secretary. 
 
 SCHEDULE " B.'^ 
 
 This Indenture made the day of 1908, 
 
 Between The Hydro-Electric Power Commission of On- 
 tario, acting herein on its own behalf and with the ap- 
 proval of the Lieutenant-Governor in Council (herein- 
 after called the "Commission"), party of the First 
 Part, and the Municipal Corporations of (hereinafter 
 called the •^Corporations"), party of the Second Part. 
 
 Whereas pursuant to An Act to provide for Transmission 
 of Electrical Power to Mundcipalities, the Corporations ap- 
 plied to the Commission to transmit and supply such power 
 from Niagara Falls, and the Commission entered into con- 
 tracts with the Ontario Power Company of Niagara Falls, 
 hereto attached, for such power at the prices set forth in 
 the schedule hereto attached, and the Commission furnished 
 the Corporations with estimates, as shown in said schedule, 
 of the total cost of such power, ready for distribution within 
 said Corporations, and the electors of the Corporations as- 
 sented to By-laws authorizing the Corporations to enter into 
 a contract with the Commission for such power, and the 
 Commission have estimated the line loss and the cost to con- 
 struct, operate, maintain, repair, renew and insure a line 
 to transmit horse power of such power to the Cor- 
 
 porations, and have apportioned the part of such cost to be 
 paid by each Corporation as shown in said schedule; 
 
254 
 
 Now therefore this Indenture witnesseth that in consid- 
 eration of the premises and of the agreements of the Cor- 
 porations herein set forth, subject to the provisions of said 
 Act and of the said contracts, the Commission agrees with 
 the Corporations respectively: — 
 
 1. (a) To construct a line to transmit the quantities of 
 electric power, shoAvn in column 2 of the said schedule, from 
 Niagara Falls to the Corporations shown in column 1, re- 
 spectively. 
 
 (b) On the day of 19 to supply said 
 power in quantities set forth in column 2 of said schedule, 
 or as a minimum per cent, less, to the said Corpor- 
 ations within the limits thereof, ready for distribution at 
 approximately the number of volts set forth in column 4 
 of said schedule, and approximately 25 cycles per second 
 frequency. 
 
 (c) At the expiration of three months^ written notice, 
 which may be given from time to time during the continu- 
 ance of this agreement, to supply from time to time to the 
 Corporations in blocks of not less than horse power 
 each, additional power until the total amount so supplied 
 shall amount to 30,000 horse power. 
 
 (d) At the expiration of nine months^ like notice which 
 may be given fromi time to time during the continuance 
 of this agreement, to supply from time to time to said Cor- 
 porations in blocks of not less than horse power 
 each, additional power until the total amount so supplied 
 shall amount to 100,000 horse powder. 
 
 (e) To use at all times first-class, modern, standard, com- 
 mercial apparatus and plant and to exercise all due skill and 
 diligence so as to secure the most perfect operation of the 
 said plant and apparatus of the said Corporations. 
 
 2. In consideration of the premises and of the agreements 
 herein set forth each of said Corporations agrees with the 
 said Commission: — 
 
 (a) To pay the Commission for the quantities of power 
 shown in column 2 of said schedule, or " per cent, less 
 as a minimum, to be supplied at said date, and for such 
 additional power supplied or held in reserve upon such 
 notices, the price set forth in column 3 of said schedule in 
 twelve monthly payments, in gold coin of the present stan- 
 dard of weight and fineness, and bills shall be rendered by 
 the Commission on or before the first, and paid by the Cor- 
 |)orations on or before the fifteenth of each month. If any 
 l)ill remains unpaid for days, the Commission may, in 
 jiddition to all other remedies and wiiliout notice, discon- 
 tinue the supply of such power until said bill is paid. 
 
255 
 
 (h) To pay annually interest at four per cent, per annum 
 upon a proportionate part of the moneys expended by the 
 Commission on capital account for the construction of the 
 said line. 
 
 (c) To pay an annual sum to form in thirty years a sinking 
 fund for the retirement of the securities to be issued by the 
 Province of Ontario, for the payment of a proportionate 
 part of the cost of the construction of said line. 
 
 (d) To pay a proportionate part of the line loss and the 
 cost to operate, maintain, repair, renew and insure the said 
 line. 
 
 (e) To keep, observe and perform the covenants, provisoes 
 and conditions set forth in said contracts, intended by the 
 Commission and the said Company to be kept, and observed 
 and performed by the said Corporations. 
 
 (/) To pay for three-fourths of the power supplied and 
 held in reserve at said date and upon said notices, whether 
 the said power is taken or not, and when the greatest 
 amount of power taken for twenty consecutive minutes 
 in any month shall exceed three fourths of the amount dur- 
 ing such twenty consecutive minutes, so supplied and held in 
 reserve, to pay for this greater amount during that entire 
 month. When the power factor of the greatest amount of 
 power taken for said twenty minutes falls below 90 per cent., 
 the Corporation shall pay for 90 per cent, of said power 
 divided by the power factor. 
 
 (g) To take no more power than the amount to be sup- 
 plied and held in reserve at said date and upon said notices. 
 
 (h) To use at all times first,class, modern, standard, com- 
 mercial apparatus and plant to be approved by the Commis- 
 sion. 
 
 {{) To exercise all due skill and diligence so as to secure 
 the most perfect operation of the plant and apparatus of 
 the said Commission and said Company. 
 
 (;■) To take such power exclusively from the Commission 
 during the continuance of this agreement. 
 
 3, Unless determined as provided in said contracts this 
 agreement shall remain in force for forty years from the 
 said day , 19 . 
 
 4. Said power shall be three phase, alternating, comme^^^ 
 cially continuous twenty-four hour power every day of the 
 year except as provided in paragraph 6 hereof, and shall be 
 measured by curve-drawing meters, subject to test as to 
 accuracy by either party hereto. 
 
256 
 
 5. The engineers of the Commission, or one or more of 
 them, or any other person or persons appointed for this pur- 
 pose by the Commission, shall have the right from time to 
 time during the continuance of this agreement to inspect the 
 apparatus, plant and property of the said Corporations and 
 take 'records at all reasonable times on giving to the Corpor- 
 ations six hours' notice of the intention to make silch in- 
 spection. The said Corporations shall have a like right, on 
 giving a like notice, to inspect the apparatus, plant and 
 property of the Commission. 
 
 6. In case the Commission or the Company shall at any 
 time or times be prevented from delivering said power, or 
 any part thereof, or in case the Corporations shall at any 
 time be prevented from taking said power, or any part 
 thereof, by strike, lock-out, riot, fire, invasion, explosion, 
 act of God or the King's enemies, or any other cause rea- 
 sonably beyond their control, then the Commission shall 
 not be bound to deliver such power during such time and 
 the Corporations shall not be bound to pay the price of said 
 power at Magara Falls during such time, but the Corpora- 
 tions shall continue to make all other payments, but as soon 
 as the cause of such interruption is removed the Commission 
 shall without any delay supply said power as aforesaid and 
 the Corpo'rations shall take the same and each of the parties 
 hereto shall be prompt and diligent in removing and over- 
 coming such cause or causes of interruption. 
 
 7. If and so often as any interruption shall occur in the 
 service of the Company due to any cause or causes, other 
 than those provided for by the next preceding paragraph 
 hereof, the Commission shall recover and pay to the said 
 Corporations as liquidated and ascertained damages, and not 
 by way of penalty, ^s follows: — For any interruption less 
 than one hour double the amount payable for power which 
 should have been delivered during the time of such inter- 
 ruption, and for any interruption of one hour or more, the 
 amount payable for the power which should have been de- 
 livered during the time of such interruption and twelve 
 times the last mentioned amount in addition thereto, and 
 all moneys payable under this paragraph when the amount 
 thereof is settled between the Commission and the Company 
 may be deducted from any moneys payable by the said Cor- 
 porations to the Commission, but such right of deduction 
 shall not in any case dqlay the said monthly payments. 
 
 8. The maintenance by the Commission of approximately 
 the agreed voltage at approximately the agreed frequency at 
 
 shall constitute the supply of all power involved 
 herein and the fulfilment of all operating obligations here- 
 under; and that when voltage and frequency are so main- 
 
•257 
 
 tained, the amount of the power, its fluctiiationR, load factor^ 
 power factor, distribution as to phases, and all other electric 
 characteristics and qualities are under the sole control of 
 the corporations, their agents, customers, apparatus, ap- 
 pliances and circuits. 
 
 9. In case any of the said corporations,, or an}^ person, 
 firm or corporation which shall contract with any of said 
 corporations for supply of power furnished to the Commis- 
 sion by the Company, shall suffer dama^^es by the act or 
 neglect of the said Company, and such municipal corpora- 
 tion, person, firm or corporation would, if the Company 
 had made this contract directly with them, have had a right 
 to recover such damages or commence any proceedings or 
 any other remedy, the Commission shall be entitled to com- 
 mence any such proceeding or bring such action for or oji 
 behalf of such municipal corporation, person, firm or cor- 
 poration, and notwithstanding any acts, decision or rule of 
 law to the contrary, the Commission shall be entitled to all 
 the rights and remedies of such municipal corporation, includ- 
 ing the right to recover such damages, but no action shall be 
 brought by the Commission until such municipal corpora- 
 tion, person, firm or corporation shall have agreed with 
 the Commission to pay any costs that may be adjudged to 
 be paid if such proceeding or action is unsuccessful. The 
 rights and remedies of any such municipal corporation, per- 
 son,, firm or corporation, shall not be hereby prejudiced. 
 
 10. The Commission shall annually adjust and apportion 
 the amounts payable by municipal corporations for such 
 power and such interest, sinking fund, line loss, and cost of 
 operating, maintaining, repairing, renewing and insuring the 
 line and works. 
 
 11. This agreement shall extend to, be binding upon and 
 inure to the benefit of the successors and assigns of the 
 parties hereto. 
 
 12. Notwithstanding anything hereinbefore contained this 
 agreement shall not come into operation as against the 
 Commission or be binding upon the Commission until, in 
 addition to any other orders in Council, pursuant to said Act 
 an Order in Council has been passed and approved by the 
 Lieutenant-Governor in Council expressly declaring that 
 this agreement shall from the date of such Order in Council 
 be binding upon the Commission. 
 
 In witness whereof. 
 
 * 
 
 1 
 
 17 
 
258 
 
 Column 1 
 
 Name of 
 Municipal 
 Corporation. 
 
 Toronto 
 
 O !- 
 
 10,000 
 
 o (X» 
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 CD O 
 
 ^ a 
 
 S3 
 
 Hi 
 
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 = |g 
 
 ^ if 
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 ce 1- o 
 — «*- --H .ir 
 
 $18.10 
 
 2 ^ 
 
 2 8 
 a. 
 
 2 o 
 
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 o :e g 
 
 ^i; o 
 
 t- CO 
 
 3 
 
 5 ^ n 
 
 .1' 02 
 
 73 C G 
 
259 
 
 8 Edw. VII. c. 2 (Ont.) 
 
 An Act respecting Kepresentation of the People 
 in the Legislative Assembly. 
 
 [Assented to IJ^th April, 1908.] 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 1. This Act may be cited as The Representation Act, 1908. Short title. 
 
 2. In this Act, unless the context otherwise requires : — Interpreta- 
 
 ^ tion , 
 
 {a) 'electoral district' means a place entitled to return Electoral 
 a member or members to the Legislative Assembly; defined. 
 
 (&) where counties and territorial districts are referred to Counties, 
 they shall, unless otherwise provided in this Act, be deemed districts, 
 to be such counties and territorial districts respectively as 
 constituted or defined by Chapter 3 of the Eevised Statutes 
 of Ontario, 1897, intituled An Act respecting the Territorial 
 Division of Ontario for Mmiicipal and Judicial Purposes, 
 and the Cities, Towns, and A^illages herein referred to are 
 those mentioned in the statutes, by-laws or proclamations 
 describing or defining the said Cities, Towns or Villages for 
 Municipal purposes. 
 
 (c) The boundaries of electoral districts as set out in 
 Schedules " A " and " B " hereto shall not be affected by any 
 alteration in Municipal boundaries, made after the passing 
 of this Act. 
 
 4. The several Cities which under this Act are entitled Cities consti- 
 to elect a member or members to represent them respec- torai distdcts 
 tively in the Legislative Assembly, shall not, for the purpose ^^^^^^^/^^^ 
 of representation in the Legislative Assembly, be deemed stituency in 
 to form part of the Electoral Districts within the limits J)'^^^^ ^^^^^ 
 whereof they respectively lie. 
 
 ^ * * ♦ 4i He 
 
260 
 
 Representa- 6. — (1) The Province of Ontario shall for the purpose of 
 memiier for representation in the Legislative Assembly be divided into 
 Sstrict^except ^^^^^^^'^^ districts as enumerated and defined in or by Sche- 
 Toronto. dules " A and " B " to this Act, and each of such electoral 
 districts shall return one member to the Legislative Assem- 
 bly, except the electoral districts of North, South, East and 
 West Toronto. 
 
 (2) For each of the electoral districts of the City of To- 
 ronto, there shall be two seats in the Assembly, to be de- 
 signated respectively as seat A and seat B, and each of such 
 districts shall be represented in the Assembly by two mem- 
 bers, one to be elected for each seat. 
 
 7. Every city, town, village, township or other place lying 
 within the territorial limits of any electoral district not 
 epecially included in any other electoral district by Sche- 
 dule " A " or " B " hereto shall form part of the electoral dis- 
 trict in which it is situate. 
 
 SCHEDULE B. 
 
 Being divisions of Cities, Counties, and Districts into Elec- 
 toral Districts. 
 
 ****** 
 
 75. The ElectoRx\.l District of East Toronto to 
 
 consist of the present Ward No. 1 of the City of 
 Toronto, and that part of the present Ward No. 
 2 lying south of the centre line of Carlton Street 
 and east of the centre line of Sherbourne Street, 
 and also that part of the City of Toronto known 
 as " Toronto Island." 
 
 76. The Electoral District of North Toronto to 
 
 consist of all that part of the City of Toronto 
 lying north of the centre line of Carlton Street 
 and College Street, bounded on the east by th^ 
 centre line of Sumach Street and the said line 
 produced northerly to the north boundary of the 
 City, and on the west by tlic centre line of 
 Palmerston Avenue. 
 
 Places nob 
 specified. 
 
261 
 
 77. The Electoral District of South Toronto to 
 
 consist of those parts of the present Wards Nos. 
 2, 3, 4, and 5 of the City of Toronto lying south 
 of the centre line of Carlton Street and College 
 Street and bounded on the east by the centre 
 line of Sherbourne Street^ and on the west by 
 the centre line of Palmerston Avenue and the 
 centre line of Tecumseth Street and said centre 
 line produced southerly to the Bay. 
 
 78. The Electoral District of West Toronto to 
 
 consist of that part of the City of Toronto lying 
 west of the centre lines of Palmerston Avenue 
 and Tecumseth Street and the centre line of 
 Tecumseth Street produced southerly to the Bay, 
 being that portion of the city not included in the 
 other three electoral divisions. 
 
 4« 4: ^ ^ « 
 
 8 Edw. VII. c. 134 (Dom.) 
 
 An Act respecting the Niagara, St. Catharines and 
 Toronto Eailway Company. 
 
 [Assented to 20th July, 1908.] 
 
 TXT^HEEEAS the Niagara, St. Catharines and Toronto Preamble. 
 
 Railway Company has by its petition prayed that it]899, c. 77 
 be enacted as hereinafter set forth, and it is expedient to HqI' I' gg 
 grant the prayer of the said petition: Therefore, His JgQg' ^* ' 
 jesty, by and with the advice and consent of the Senate and ' 
 House of Commons of Canada, enacts as follows: — 
 
 1. The Niagara, St. Catharines and Toronto Railway ^o^- ^^.^^J^^ o^"" 
 pany may commence the construction of the railways which railways 
 it has heretofore been authorized to construct, and expend extended, 
 fifteen per cent, of the amount of its capital stock thereon, 
 within two years after the passing of this Act, and may com- 
 plete the railways which it has heretofore been authorized to 
 construct,, and put them in operation within five years after 
 the passing of this Act; and if the said railways are not 
 completed and put in operation, within the said period, the 
 powers of construction conferred upon the said company by 
 
262 
 
 Parliament shall cease and be null and void with respect to 
 so much of the said railways as then remains uncompleted. 
 
 ?t?eef raUwly ^ "^^^ ^^^^ Company shall not operate its railway as a 
 in city or street railway in any city or town without the consent^ ex- 
 pressed by by-law, of the corporation of such city or town. 
 This section shall not, however, be interpreted as impairing 
 any consent already obtained in regard to any portion of the 
 said railway already in operation. 
 
 Crossings m 3 rpj^^ g^j^ company shall not construct or operate its 
 
 municipali- . . 
 
 ties. railway along any street or highway, or upon or along any 
 
 public park, market, square, or other such public place in any 
 municipality without the consent, expressed by by-law, of the 
 said municipality; provided, however, that the portion al- 
 ready constructed shall- not be subject to the provisions of 
 this section. 
 
 1905, c. 132, 4. The following parts of Acts are repealed: Section 1 of 
 c!^i32^^^' chapter 132 of the statutes of 1905; subsection 2 of section 1 
 amended. and section 4 of chapter 132, of the statutes of 1906. 
 
 8 Edw. VII. c. 51 (Dom.) 
 
 An Act to authorize the Sale or other Disposal 
 of certain Ordnance Lands in the Cities of 
 Toronto and Montreal. 
 
 [Assented to 20th July, 1908.^ 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Senate and House of Commons of - Canada, enacts 
 as follows: — 
 
 Council" 1- The three Orders of the Governor in Council forming 
 
 confirmed. the schedule to this Act, that is to say, 
 
 {a) an Order in Council, dated the sixteenth day of 
 May, 1904, authorizing the sale to the Corporation of the 
 City of Toronto of certain ordnance property in that 
 city consisting of the whole of the military property 
 lying between and including the Old Fort and the Ex- 
 hibition Grounds; 
 
263 
 
 are hereby ratified and confirmed, and His Majesty is 
 hereby given full power and authority to sell and dispose of 
 the said ordnance property in tlie manner and subject to the 
 conditions by the said Orders in Council respectively pro- 
 vided and subject to such further and other conditions as 
 may be imposed by His Majesty and accepted by the Cor- 
 poration of the City of Toronto and by the City of Montreal^ 
 as the case may be. 
 
 2. The purchase moneys received from the Corporation of ^ppl 
 the City of Toronto and the City of Montreal for the said 
 ordnance properties may be used and applied and are hereby 
 appropriated to and for the purposes of the purchase of sites 
 and construction of buildings thereon for Military Schools 
 of Instruction in connection with the Permanent Force in 
 those cities respectively. 
 
 SCHEDULE. 
 
 Extract from a Report of the Committee of the Honour- 
 able the Privy Council, approved by the Governor- 
 General on the 16th May, 1904. 
 
 On a Eeport dated 6th May, 1904, from the Minister of 
 Militia and Defence, stating that in October, 1899, the Cor- 
 poration of the City of Toronto applied for the transfer to 
 the said city of the property known as the Old Fort, in 
 order that the same might be preserved and maintained on 
 account of the association with the early military history 
 of the city. 
 
 The Minister further states that the said application was 
 referred to the General Officer Commanding the Militia, who 
 reported that it was inadvisable to part with the property in 
 question without dealing with the transfer of the whole of 
 the Military property lying between and including the Old 
 Fort and the Exhibition Grounds. 
 
 The Minister has carried on negotiations with the Cor- 
 poration of the City of Toronto, with a view to transferring 
 to the city the whole Military property referred to ; and after 
 careful inquiry and consideration, the sum of $200,000 has 
 been agreed upon by the Corporation of the City and the 
 Minister as a fair valuation for the property. 
 
 The Minister, having regard to the desire of the Muni- 
 cipal Corporation to be allowed to acquire this property, and 
 believing that the public interests will be served in accepting 
 
264 
 
 therefor the amount stated, or its equivalent, and utilizing 
 tlie same for the erection of barracks in another part of the 
 cit}^, recommends that a Patent of the lands be issued to 
 the Corporation of the City of Toronto upon the convey- 
 ance to the Crown of a piece of land known as the Batty 
 Farm, situated in the Township of York, in the Town of 
 AYest Toronto Junction, County of York, valued at $30,000 
 and the payment by the Corporation of the City of Toronto 
 to the credit of the Minister of the Interior, of the sum of 
 $180,000, and that for this purpose the said property be 
 transferred to the Department of the Interior, in order that 
 such sale may be carried out. 
 
 The Committee submit the same for approval. 
 
 John J. McGee, 
 Cleric of the Privy Council. 
 
 The Honourable 
 
 The Minister of Militia and Defence. 
 
 y ^ "i* ^ 
 
 DEER PARK ANNEXATION. 
 
 THE ONTARIO RAILWAY AND MUNICIPAIi BOARD. 
 
 [Saturday, the 11th day of July, 1908.^ 
 
 Before 
 
 James Leitch, Esq., K.C., Chairman. 
 
 A. B. Ingram, Esq., Vice-Chairman, and , 
 
 H. N. Kittson, Esq., Member. 
 
 In the matter of the application of Benjamin Sinclair, and 
 other ratepayers of the portion of the Township of York, 
 known as Deer Park, for an order for the annexation of 
 the same to the City of Toronto. 
 
 UPON" the application of the said applicants made on the 
 sixth day of July, 1908, and upon reading the resolu- 
 tion of the Council of the Corporation of the City of Toronto, 
 passed on the 22nd day of June, 1908, the petition of the 
 said applicants, the affidavit of Benjamin Sinclair, Ida Wil- 
 liams and Ida Talbot, and upon hearing what was alleged 
 
2G5 
 
 by counsel on behalf of the applicants, the Corporation of 
 the City of Toronto, and the Corporation of the Township 
 of York, and by Mr. Elias Eogers, on his own behalf, and 
 judgment having been reserved until this day: 
 
 The Board orders and proclaims that the lands and pre- 
 mises in the Township of York, mentioned in the said peti- 
 tion, and being described as: Commencing where the centre 
 line of the creek, which flows through Summerhill Park, in- 
 tersects the present northerly limit of the City ; thence south- 
 westerly, north-westerly, westerly, northerly, Avesterly, north- 
 erly and westerly, following the present limits of the City to 
 a point thereon distant one hundred and thirty feet measured 
 westerly from the easterly limit of the Upper Canada College 
 grounds; thence northerly, parallel with the said easterly 
 limit of said grounds, to the production westerly of the 
 most southerly limit of J^orth Toronto ; thence easterly along 
 said production, and along said southerly limit of North 
 Toronto to the easterly limit of township lot Number Twenty- 
 one, in the third concession from the Bay; thence southerly 
 along said easterly limit of said lot to the production west- 
 erly of the southerly limit of township lot Number nine- 
 teen, in the said third concession; thence easterly along said 
 production, and along the southerly limit of said lot nineteen 
 to the centre line of the said creek; thence southerly follow- 
 ing said centre line to the place of beginning, be and the 
 same are hereby annexed to the City of Toronto; the said 
 annexation to take effect on the fifteenth day of December, 
 A.D. 1908, upon and subject to the following terms and con- 
 ditions, namely: — 
 
 1. The portion of the said lands east of Yonge Street shall 
 be added to Ward No. 2, and the portion of the said lands 
 west of Yonge Street shall be added to Ward No. 3 of the 
 said City of Toronto. 
 
 2. That the taxes and rates imposed for the year 1908, or 
 any prior year, upon any of the lands included in the territory 
 hereby annexed which shall not have been collected before 
 the first day of Januar}^, 1909, shall be collected by and belong 
 to the Township of York, and all right to collect the same, 
 including distress for non-payment, or, if necessary, the sale 
 of the said lands, or any of them, shall remain in the said 
 Township as though this order had not been made, and all 
 adjustments between the City of Toronto and the Township 
 of York shall be made as of the first day of January, 1909. 
 
 3. The said City of Toronto may, at any time in the year 
 1909, prior to the passing of a by-law striking the rate of 
 taxation for the said year, assess (subject to the rights of 
 appeal provided by The Assessment Act), the lands included 
 
266 
 
 in the territory hereby annexed, and the owners and occu- 
 pants thereof, for the year 1909, as though the same had 
 been made in the year 1908; and the assessment so made 
 shall be the assessment on which the taxes in the said district 
 for 1909 shall be collected. 
 
 4. The Corporation of the City of Toronto shall be Hable 
 for the maintenance of the portion of Yonge Street south 
 of the southerly limit of North Toronto, 
 
 James Leitch, 
 (Seal) Chairman. 
 
 BALDWIN ANNEXATION (No. 2.) 
 
 THE ONTARIO RAILWAY AND MUNICIPAIi BOARD. 
 
 [Monday, the llfth day of SeptemheVy 1908.1 
 
 Before 
 
 James Leitch, Esq., K.C., Chairman, and 
 A. B. Ingram^ Esq., Vice-Chairman. 
 
 In the matter of the application of Margaret Fry Baldwin 
 and other ratepayers of the portion of the Township of 
 York known as the southerly part of lot number 23 in 
 the third concession from the Bay in the Township of 
 York, for an order for the annexation of the sams to 
 the City of Toronto. 
 
 UPON the application of the said applicants made on the 
 fourteenth day of September, 1908, and upon reading 
 the resolution of the Council of the Corporation of the City 
 of Toronto passed on the fourteenth day of July, 1908, the 
 petition of the said appellants and upon hearing the evidence 
 of Lawrence Heyden Baldwin and what was alleged by counsel 
 on behalf of the applicants, the Corporation of the City of 
 Toronto, and the Corporation of the Township of York, the 
 Board orders and proclaims that the lands and premises in 
 the Township of York mentioned in the said petition, and 
 being described as: Commencing at a point one hundred 
 and thirty feet north of the northerly limit of Lonsdale 
 Avenue in the Upper Canada College grounds, and on the 
 limits between lots 22 and 23 in the third concession from 
 the Bay in the said Township of York, and being: at an angle 
 
267 
 
 in the present limits of the City of Toronto; thence westerly 
 on a line drawn parallel to Lonsdale Avenue and produced 
 until the same intersects the limits between township lots 
 23 and 24 in the said third concession from the Bay; thence 
 southerly following the westerly limit of said lot 23 and the 
 same produced to the centre Hne of St. Clair Avenue, and 
 thence to the angle in the present limits of the City of 
 Toronto on St. Clair Avenue and approximate thereto; 
 thence easterly along St. Clair Avenue following the present 
 limits of the City to a point opposite the western limit of 
 lot 20, on plan 280, E., registered in the Registry Office for 
 the City of Toronto; thence northerly, easterly and northerly 
 following the present limits of the City to the point of com- 
 mencement; be and the same are hereby annexed to the City 
 of Toronto; the said annexation to take effect on the fifteenth 
 day of December, A.D. 1908, upon and subject to the follow- 
 ing terms and conditions, namely : — 
 
 1. The said lands shall be added to Ward No. 4. 
 
 2. That the taxes and rates imposed for the year 1908, or 
 any prior year, upon any of the lands included in the territory 
 hereby annexed which shall not have been collected before 
 the first day of January, 1909, shall be collected by and 
 belong to the Township of York, and all right to collect 
 the same, including distress for non-payment, or, if neces- 
 sary, the sale of the said lands, or any of them, shall 're- 
 main in the said Township as though this order had not been 
 made, and all adjustments between the City of Toronto and 
 the Township of York shall be made as of the first day of 
 January, 1909. 
 
 3. The said City of Toronto may, at any time in the year 
 1909 prior to the passing of a by-law striking the rate of 
 taxation for the said year, assess (subject to the rights of 
 appeal, provided by TTie Assessment Act), the lands included 
 in the territory hereby annexed, and the owners and occu- 
 pants thereof for the year 1909 as though the same had been 
 made in the year 1908, and the assessment so made shall be 
 the assessment on which the taxes in the said territory for 
 1909 shall be collected. 
 
 (Sgd.) James Leitch, 
 
 (Seal) 
 
 Chairman of the Ontario Railway 
 and Municipal Board. 
 
EAST TORONTO ANNEXATION. 
 
 THE ONTARIO RAILWAY AND MUNICIPAL BOARD. 
 
 [Tuesday, the 29th day of September , 1908.] 
 
 Before 
 
 James Leitch, Esq., K.C., Chairman. 
 A. B. Ingram, Esq., Vice-Chairman, and 
 H. K Kittson, Esq., Member. 
 
 In the matter of the annexation of the Town of East Toronto 
 to the City of Toronto. 
 
 UPON reading the by-law of the Town of East Toronto, 
 passed on the 28th day of January, 1907, and the 
 resolntion passed by the Council of the City of Toronto on 
 the 14th day of Jul}^, 1908; upon hearing the evidence of 
 W. H. Clay, Clerk of the said Town, and what was alleged by 
 counsel on behalf of the Corporation of the City of Toronto, 
 and no one appearing and objecting hereto: 
 
 The Board orders and proclaims that the Town of East 
 Toronto be and the same is hereby annexed to the City of 
 Toronto, the said annexation to take effect on the 15th day 
 of December, 1908, upon and subject to the following terms 
 and conditions, namely: — 
 
 (a) That any sewerage system adopted by the City shall be 
 constructed so as not to injure the property along the lake 
 shore, or any property in Town. 
 
 (b) That the local improvement debenture debt for water 
 mains and construction, and the general debenture debt of 
 the Town of East Toronto be assumed by and become part of 
 the general debt of the City of Toronto; otherwise the local 
 improvement system to be dealt with in the same way as in 
 the City of Toronto. 
 
 (c) That as soon as practicable after annexation the City 
 shall seek to have the Toronto Street Eailway service extended 
 
 • to the northerly part of the Town, as part of the Toronto 
 Eailway system, at single fares. 
 
 (d) That the City of Toronto establish a sewerage system 
 in the Town of East Toronto when petitioned for. 
 
 (e) That the present scavenger system of the Town of 
 East Toronto be continued and extended and otherwise dealt 
 with, as the Medical Health Officer of the City of Toronto 
 considers advisable. 
 
269 
 
 (f) That provisions be made by the City for maintaining 
 the present electric light and water works systems until 
 adequate substitution therefor is made. 
 
 (g) That the City take into its employ the present Town 
 officials and employees. 
 
 (h) That Ward 1 of the Town of East Toronto shall be 
 made and set aside as a residential district free from factories 
 and hotels. 
 
 The said Town when so annexed shall be added to Ward 
 No. 1 of the said City. 
 
 The said City of Toronto may, at any time in the year 
 1909, prior to the passing of a by-law striking the rate of 
 taxation for the said year, assess (subject to the rights of 
 appeal, provided by The Assessment Ad), the lands included 
 in the territory hereby annexed, and the owners and occu- 
 pants thereof, for the year 1909, as though the same had 
 been made in the year 1908, and the assessment so made 
 shall be the assessment on which the taxes in the said terri- 
 tory for 1909 shall be collected. 
 
 (Seal) 
 
 James Leitch, 
 
 Chairman. 
 
INDEX 
 
 Page. 
 
 ADELAIDE STREET. 
 
 York County's share for pavement on 86 
 
 ASHBRIDGE'S BAY. 
 
 Power to raise $400,000 for improvement of 132 
 
 Construction of railway siding for industries 148 
 
 Agreement with railways for operation 148 
 
 Section 70 of Ontario Railway Act to apply 148 
 
 AVENUE ROAD DISTRICT. 
 
 Proclamation for annexation validated 134 
 
 Assessment of property of William Mackenzie 134 
 
 Proclamation for annexation, dated 3rd March, 1905 136 
 
 BALDWIN ESTATE. 
 
 Annexation of, No. 1 6 
 
 Annexation of, No. 2 266 
 
 BAY STREET. 
 
 Tracks upon and across in connection with new station.... 216 
 
 Foot-bridge at 217 
 
 BELL TELEPHONE COMPANY. 
 Act respecting (1902). 
 
 Company to furnish telephones and service upon application. 46 
 
 Governor-in-Council to regulate rates 46 
 
 Principles of regulation 46 
 
 Governor-in-Council may order enquiry 46 
 
 Expense 46 
 
 Powers of Judge 46 
 
 Enforcement of orders 47 
 
 Act respecting (1906). 
 
 Power to increase capital 47 
 
 Subject to Railway Act 47 
 
 BOARD OF CONTROL. 
 
 Salaries of 41 
 
 Nomination of Controllers 41 
 
 Qualification of Controller 42 
 
 Powers of Controllers 42 
 
 Duties of 42 
 
 Preparing estimates 42 
 
 Drawing contracts 42 
 
 Inspecting municipal works 43 
 
 Nominating officers of corporation 43 
 
 Suspension or dismissal of officers 43 
 
 Other duties 43 
 
 Controlling appointment and duties of subordinate officers. . 43 
 
 Submission of By-laws, etc 44 
 
 Secretary of Board 44 
 
 Council may impose other duties on Board 44 
 
 Referring back matters for reconsideration by Board 44 
 
 Recording votes on action of Board 44 
 
 School Boards, etc.. to send in estimates 44 
 
 Certain officers not to be nominated by Board 44 
 
 Exclusive rights of Board 44 
 
272 
 
 PAGE 
 
 BOARD OF EDUCATION. 
 
 Act respecting in certain cities (1903). 
 
 Constitution of Board 48"^ 
 
 Mode of election 48 
 
 Term of office of members 49 
 
 Determining the question of retirement where two members 
 
 have equal number of votes 49 
 
 Votes 49 
 
 Vacancies among elected members 49 
 
 Appointment by Separate School Board 49 
 
 Term of office of appointed member 49 
 
 Members of Separate School Bonrd not eligible 49 
 
 Vacancy in representation of Separate School Board 49 
 
 First meeting of Board ^ F ^ 
 
 Chairman, Secretary, Treasurer 50 
 
 Quorum 5'^ 
 
 Equality of votes in election of Chairman 50 
 
 Chairman to vote, and tie to negative question 50 
 
 Representatives of Separate Schools not to vote on Public 
 
 School matters 50 
 
 Qualificntion of members 50 
 
 Disqualification 50 
 
 Board to be a corporation 
 
 Appointment of Inspectors 51 
 
 Division of City into territorial districts 51 
 
 Special and advanced courses of instruction in High Schools. 51 
 
 BRITISH ASSOCIATION., 
 
 Appropriation for meeting of in 1897 6"^ 
 
 BRITISH MEDICAL ASSOCIATION. 
 
 Grant of $2,500 to in 1906 148 
 
 CANADIAN PACIFIC RAILWAY COMPANY. 
 
 Right to have certain By-laws declared invalid not affected. 67 
 
 Agreement as to York Street Bridge validated 70 
 
 CITY BUILDINGS, NEW. 
 
 Power to issue debentures to amount of $200,000 to complete 69 
 Debentures for cost of completion and furnishing to amount. . . . 
 
 of $220,000 87 
 
 CITY DEBT. 
 
 Rate of interest on Queen Street subway debentures 67 
 
 Statutes confirming debenture By-laws 68, 70, 74, 86, 
 
 90, 92, 102. 104, 111, 122, 133, 149, 152, 157 
 
 Rate of interest on debentures changed 67 
 
 Amendments of certain By-laws by changing rate of in- 
 terest on debentures 85 
 
 By-law for purchasing fuel for charitable institutions and 
 
 citizens confirmed 108 
 
 Authority to issue debentures to the extent of one mill on 
 
 the dollar for five years for parks 109 
 
 Power to issue debentures to amount of $191,500 for various 
 
 purposes, 1904 122 
 
 Power to issue debentures to amount of $110,500 for various 
 
 purposes, 1905 136 
 
 Power to issue debentun^s to amount of $220,500 for various 
 
 purposes in 1906 149 
 
 Power to issue debentures to amount of $463,500 for various 
 
 purposes in 1907 152 
 
 CITY LIMITS. EXTENSION OF. 
 
 Annexation of Summerhill Avenue lands 1 
 
 Annexation of North Rosedale 4 
 
 Annexation of Bnldwin Estate. No. 1 6" 
 
 Proclamation ag to Avenue Roid district validated 13 4 
 
273 
 
 PAGE. 
 
 CITY LIMITS, EXTENSION OF —Comtinued. 
 
 Annexation of Deer Park 264 
 
 Annexation of Baldwin Estate No. 2 26G 
 
 Annexation of East Toronto 
 
 CONBOY, D., & COMPANY. 
 
 Power to fix assessment at $25,000 for ten years 147 
 
 CONSUMERS' GAS COMPANY. 
 
 Act to further extend powers (190 Jj). 
 
 Increase of capital stock 52 
 
 Stock may be issued in parcels 52 
 
 Notice of meetings 52 
 
 Stock to be sold by public auction 53 
 
 Application of surplus over par value 53 
 
 Payments on new stock 53 
 
 Act to be read with Company's Act of 1887 53 
 
 Aid to J. T. Johnston in action against 69 
 
 City authorized to purchase stock in , 123 
 
 Miyor to be ex-officio director if City holds $10,000 of stock 123 
 
 Power to purchase shares not to be subject to limitation of bor- 
 rowing powers 124 
 
 COUNCIL. 
 
 Of whom to consist 41 
 
 Election of Controllers 41 
 
 Nomination of Controllers 41 
 
 Remuneration of Aldermen 45 
 
 CROWN ATTORNEY. 
 
 City to provide proper ofiices, etc., for 45 
 
 DEER PARK. 
 
 Annexation of 264 
 
 DERBY STREET. 
 
 Declared to be a public highway 218 
 
 DON IMPROVEMENT. 
 
 Certificate of Engineer as to completion dispensed with 75 
 
 Power to straighten Don River from G. T. R. bridge southerly 131 
 
 Expropriation of land 131 
 
 Payment for land 131 
 
 Power to issue debentures to amount of $400,000 132 
 
 Income from lands, how to be applied 132 
 
 Amendment of Act of 1886 as to Don improvement roadways. 147 
 
 Act of 1886 amended as to certain lands 153 
 
 DUPPETRIN STREET. 
 
 Power to close md use lands west of for exhibition purposes 151 
 DUNDAS STREET. 
 
 Power to remit portion of special rate for sewer on 158 
 
 EAST TORONTO. 
 
 Act respecting (1908). 
 
 Purchase of local improvement debentures with moneys 
 
 raised for loan to Globe Furniture Company 230 
 
 By-law No. 214 confirmed 230 
 
 Text of By-law No. 214 for borrowing $10,000 for Water 
 
 Works purposes 230 
 
 Annexation of 268 
 
 ELECTIONS. 
 
 Electoral districts for Legislative Assembly defined 259 
 
 Representation of Toronto 260 
 
 18 
 
274 
 
 PAGE. 
 
 ELECTRICAL POWER. 
 
 Act to validate hy-laws and contracts of municipalities {1908). 
 
 By-laws of municipalities authorizing contracts with Hydro- 
 Electric Power Commission confirmed 234 
 
 By-laws for distribution plant confirmed 234 
 
 Contract between Commission and Ontario Power Company 
 
 confirmed ^ . . 235 
 
 Form of contract with municipalities approved 235 " 
 
 Agreement dated 19th March, 1908, between Power Commis- 
 sion and Ontario Power Company 235 
 
 Agreement dated 12th August, 1907, between the Power Com- 
 mission and Ontario Power Company 245 
 
 Form of contract between Power Commission and munici- 
 palities 258 
 
 ELLIS, J. E., COMPANY, LIMITED. 
 
 Authority for paying account of in 1899 100 
 
 ERIN STREET. 
 
 Declared to be a public highway 218 
 
 ESPLANADE. 
 
 Power to sell water lot at south-west corner of Esplanade 
 
 and Frederick Street 152 
 
 ESPLANADE STREET. 
 
 Tracks upon and across in connection with new station.... 216 
 FERRIES. 
 
 By-laws for licensing, etc 67 
 
 Act respecting Toronto Chain Ferry (1899). 
 
 City authorized to operate chain ferry between mainland 
 
 and Island 90 
 
 FIREMEN'S RELIEF FUND. 
 
 Trust deed as to validated 108 
 
 Payment towards by City of $25,000 108 
 
 Trust deed dated 8th August, 1902 112 
 
 City Treasurer added to Board 152 
 
 FIREMEN'S SUPERANNUATION AND BENEFIT FUND. 
 
 Annual grant to for forty years 153 
 
 GARRISON COMMONS. 
 
 City empowered to purchase from Government Ill 
 
 Power to use Park funds for improvement of water lots in 
 
 front of 151 
 
 Order-in-Council authorizing sale to City ratified 262 
 
 Application of purchase moneys 262 
 
 Order-in-Councii, 16th May. 1904, authorizing sale 263 
 
 GLADSTONE AVENUE. 
 
 Confirmation of By-law as to extension 68 
 
 By-laws for cost of extension 73 
 
 GRAND TRUNK RAILWAY COMPANY. 
 
 Agreement with as to additional lands for station, etc., 
 
 validated 135 
 
 City authorized to expropriate lands for lane 135 
 
 Agreement as to additional lands for station, etc.. dated 
 
 22nd April, 1905 : 140 
 
 HAMILTON RADIAL ELECTRIC RAILWAY COMPANY. 
 Act respecting il908) . 
 
 Meaning of word " company." 225 
 
 Powers confirmed 225 
 
 Lines of railway authorized 225 
 
275 
 
 pa(;e. 
 
 HAMILTON RADIAL ELECTRIC RAILWAY COMPANY— Continued. 
 
 Consent of municipalities to extensions 225 
 
 Extension to Toronto 225 
 
 Crossings in Toronto 226 
 
 Stopping places in Toronto 226 
 
 Branch lines 226 
 
 Taking of lands 228 
 
 Securities on bridges and terminals 228 
 
 Saving as to agreements with municipalities 228 
 
 Trees not to be cut 228 
 
 Agreements with other companies 229 
 
 Saving as to municipal electric plant 229 
 
 HOSPITALS. 
 
 Statute of 1893 as to Isolation Hospital amended 89 
 
 Site for Smallpox Hospital confirmed 92 
 
 Grant of $50,000 to Toronto Hospital for Incurables 156 
 
 Grant to Toronto Free Hospital for Consumptives and Mus- 
 
 koka Free Hospital for Consumptives 156 
 
 Grant to St. Michael's, Grace and Western Hospitals 156 
 
 Use of portion of Riverdale Park for hospital for minor con- 
 tagious diseases' 157 
 
 Agreement with Toronto Hospital for Incurables, dated 28th 
 
 October, 1907 158 
 
 Aot respecting the Toronto General HospitG^l (1906). 
 
 Meaning of certain words „ 189 
 
 Election and appointment of trustees 190 
 
 Powers of trustees 192 
 
 Taking and holding lands 193 
 
 Exemption of buildings and grounds from taxation 193 
 
 Limitation of actions 193 
 
 Power to dispose of present site and other lands 193 
 
 Power to take lands for hospital 194 
 
 Application of provisions of Municipal Act 194 
 
 Closing of certain streets 194 
 
 Registration of By-laws 195 
 
 Borrowing powers of trustees 195 
 
 Powers of trustees as to sujng for property 195 
 
 Powers as to investments 195 
 
 Erection of new buildings 196 
 
 Execution of documents by corporation 196 
 
 By-laws 197 
 
 Who to be deemed a benefactor 197 
 
 Who' to be deemed annual subscriber 197 
 
 Right of medical students to attend hospital 197 
 
 Right of paying patients to attendance of their own physi- 
 cian , 198 
 
 Patients sent from City of Toronto 198 
 
 Hospital staff 198 
 
 Statements to Government 198 
 
 Present corporation continued 199 
 
 City authorized to grant $200,000 for Provincial Hospital 221 
 
 INDUSTRIAL EXHIBITION ASSOCIATION OF TORONTO. 
 
 Act to amend Act of Incorporation (1905). 
 
 Members of Association 54 
 
 Directors 56 
 
 Entertainments 57 
 
 Power to use certain lands west of Dufferin Street for pur- 
 poses of 151 
 
 Power to raise $200,000 for rebuilding buildings destroyed by fire 151 
 Act of incorporation amended as to appointment of Directors 
 
 by City Council 157 
 
276 
 
 Agreement with Toronto Railway Co. as to street car ser- 
 
 vice on 74, 76 
 
 Power to City to sell electric energy or light on 133 
 
 Power to issue debentures for $40,000 for same 133 
 
 ISOLATION HOSPITAL. 
 
 Statute of 1893 as to amended 89 
 
 Site for Smallpox Hospital confirmed „ 92 
 
 Use of portion of Riverdale Park for minor contagious 
 
 diseases 157 
 
 JACKSON, M. B. 
 
 Taxation of lands of 5 
 
 LAND SECURITY COMPANY. 
 
 Rights of under agreement not affected by statute 68 
 
 LEVER BROS.. LIMITED. 
 
 Agreement with confirmed 91 
 
 Ass'essment of 92 
 
 Text of agreement dated 29th June, 1899 93 
 
 LORNE STREET. 
 
 Tracks upon and across in connection with new station.... 216 
 MARKETS. 
 
 Debentures to amount of $50,000 to complete St. Lawrence 
 
 Market 101 
 
 Debentures for improving Cattle Market to amount of 
 
 $50,000 in 1902 103 
 
 Debentures for Cattle Market improvements, 1904 122 
 
 Power to raise $50,000 for completion of St. Lawrence Market 149 
 Power to raise $45,000 for Cattle Market improvements.... 149 
 
 MERRITT, WILLIAM HAMILTON. 
 
 Taxes upon lands assessed to, on south side Bloor Street, 104, 111 
 METROPOLITAN STREET RAILWAY COMPANY. 
 Act respecting (1895). 
 
 Transportation of milk on Lord's Day 57 
 
 Act respecting (,1897). 
 
 Name of company changed 59 
 
 Carrying railway along streets and highways 59 
 
 Motive power 59 
 
 Supplying electric power 59 
 
 Proviso as to extension of City of Toronto 60 
 
 Agreements with other companies 60 
 
 Running arrangements with other railways', etc 60 
 
 Authority to enter into agreement with Toronto Suburban 
 
 Street Railway Company, Limited 60 
 
 Crossing other railways 61 
 
 Application of Electric Railway Act, 1895, to extension out- 
 side of York County 61 
 
 Act not to confer rights to operate by electricity or cable 
 
 in Toronto 62 
 
 Act respecting (1900). 
 
 Agreements with other Electric Rnilway Companies 62 
 
 Time for commencement and completion of extensions 63 
 
 Act respectir\g (1901). 
 
 Power to acquire Schomberg and Aurora Railway 63 
 
 Rights of creditors preserved 64 
 
 Agreements as to acquiring the property of other companies. 64 
 
 Bonds, etc., of, may be invested in by Toronto Railway Co 66 
 
 May be acquired by the Toronto and York Radial Railway Co. . 186 
 
 Time for completion and operation of 189 
 
277 
 
 PAGE. 
 
 MUNICIPAL ARBITRATIONS. 
 
 Act respecting (1895), R. S. 0. (1897), Chapter 227. 
 
 Appointment of Official Arbitrator 174 
 
 Powers 175 
 
 Commencement of proceedings under Act 175 
 
 When Arbitrator to state reasons in writing 175 
 
 Filing award or report ■ 175 
 
 Fees to be paid before award made public 176 
 
 Appeal to Court of Appeal 176 
 
 Transferring Actions to Arbitrator 176 
 
 Taxation of costs 176 
 
 Fees of Official Arbitrator 176 
 
 Appointment of Assessor 177 
 
 Rules to be made by Supreme Court 178 
 
 Application of Act 178 
 
 NIAGARA, ST. CATHARINES AND TORONTO RAILWAY CO. 
 
 Act respecting (1908). 
 
 Time for construction of railways' extended 261 
 
 Operation of street railway in city or town 262 
 
 Crossings in municipalities 262 
 
 OSGOODE STREET. 
 
 Agreement with Dominion Government respecting validated. 159 
 Agreement dated 26th March, 1896, as to 160 
 
 OTTAWA CITY. 
 
 Aid to 93 
 
 PARKS. 
 
 Authority to set apart lands purchased at tax sales fqr 109 
 
 Authority to issue debentures to the extent of one mill on 
 
 the dollar for five years for 109 
 
 Mode of payment for 109 
 
 Queen's Park to form part of City 221 
 
 POLICE MAGISTRATES. 
 
 Appointment and salaries of 57 
 
 Not to act as director of company or to practice law 57 
 
 ROSEDALE, NORTH. 
 
 Annexation of 4 
 
 ROSEDALE VALLEY ROAD. 
 
 Debentures to pay proportion of cost of opening 87 
 
 By-law as to assessment for confirmed 88 
 
 ROYAL GRENADIERS. 
 
 Authority for paying account for Band of, in 1897 100 
 
 SCHOOLS. 
 
 % Debentures for erection of new Technical School, 1899 88 
 
 SEA WALL. 
 
 Power to employ Park Funds for construction of between 
 
 Bathurst Street and Dufferin Street 151 
 
 SOUTH AFRICAN MEMORIAL ASSOCIATION. 
 
 Grant of $5,000 to 133 
 
 SOUTH AFRICAN WAR. 
 
 , Validating money spent in receiving contingent, etc 102 
 
 STATION STREET. 
 
 Agreement with G. T. R. as to paving of confirmed 89 
 
 Tracks upon and across in connection with new station.... 216 
 
278 
 
 SUMMERHILL AVENUE LANDS. 
 
 Annexation of 1 
 
 South-westerly boundary of City defined 2 
 
 TAX SALES. 
 
 Sales up to and including that held in 1902 validated 110 
 
 Act of 1903 amended 148 
 
 Sales made in 1903 and 1904 validated 149 
 
 Sales prior to 31st of December, 1904. validated 153 
 
 TORONTO AND HAMILTON RAILWAY COMPANY. 
 AGt to incorvorcfte HVOS). 
 
 Line of railway 161 
 
 Agreements with other companies 162 
 
 Rights of municipalities 163 
 
 Acquired lines to continue under Provincial Ry. Act 163 
 
 Authority as to constructing railway on highways 163 
 
 Telegraph and telephone line- 163 
 
 Railway Act to apply 164 
 
 Act respecting and to change name {1906). 
 
 Name changed 164 
 
 Agreements with other companies 165 
 
 Time for construction limited 165 
 
 TORONTO HOTEL COMPANY. 
 
 Power to fix assessment of 90 
 
 Agreement with confirmed 92 
 
 Text of agreement dated 19th July, 1899 98 
 
 TORONTO AND HUDSON BAY RAILWAY COMPANY. 
 
 Act of incorporation {1898) 165 
 
 TORONTO LACROSSE AND ATHLETIC ASSOCIATION, LIMITED. 
 
 Taxation of lands of 5 
 
 TORONTO AND MIMICO ELECTRIC RAILWAY AND LIGHT COM- 
 PANY, LIMITED. 
 
 Bonds, etc., of, may be invested in by Toronto Railway Co.. 66 
 Act respecting {1903). 
 
 Name changed 172 
 
 Power to connect with other Companies 172 
 
 Carrying freight 173 
 
 Changing gauge 173 
 
 Rates for perishable goods 173 
 
 No exclusive franchise for transmission of electrical energy 173 
 
 No increase in present fares 173 
 
 Deviation from right of way in City of Toronto 174 
 
 Application to City of Toronto 174 
 
 Time limited by any Agreement not extended 174 
 
 May be acquired by the Toronto and York Radial Railway Co... 186 
 
 Time for completion and operation of 189 
 
 TORONTO AND NIAGARA POWER COMPANY. 
 Act of incorporation {1902). 
 
 Motive power 179 
 
 Company may acquire water and steam power 180 
 
 Company may supply power 180 
 
 Powers of expropriation 180 
 
 Works for conveying power 181 
 
 Stock in 181 
 
 Stock in other Companies 181 
 
 Telephone and telegraph line 182 
 
 Company may make surveys 182 
 
 Sections of Railway Act to apply 182 
 
279 
 
 PACK. 
 
 TORONTO RAILWAY COMPANY. 
 
 Connections and running arrangements with Toronto and 
 
 Scarborough E. R. L. & P. Co 10 
 
 Act respecting (WO'i). 
 
 May form reserve fund 65 
 
 May invest in stocks, etc., of other Companies 65 
 
 May guarantee bonds, etc., of other Companies 65 
 
 Powers to be exercised by Board of Directors 65 
 
 Penalty for default in service 65 
 
 Rights of City at termination of franchise not affected 66 
 
 May contract with City for haulage of scavengers' material . f. . 66 
 
 Agreement as to Island service validated 74 
 
 Sunday Car Agreement confirmed 75 
 
 Text of Agreement, dated 26th March, 1897 76 
 
 Text of Sunday Car Agreement, dated 1897 79 
 
 Power of Court to enforce Agreements 100 
 
 Right to enforce specific performance of Agreement with 101 
 
 Construction of Agreement with 155 
 
 Agreement with Toronto and Scarboro' Railway as to tickets-.. 184 
 
 TORONTO AND SCARBORO' ELECTRIC RAILWAY, LIGHT AND 
 POWER COMPANY, LIMITED. 
 
 Act respecting Company (1893). 
 
 By-laws and Agreements confirmed 8 
 
 Power to extend time for beginning or completing work .... 8 
 
 Acquiring land for Parks 9 
 
 Acquiring land for Stations. Gravel Pits, etc 9 
 
 Telegraph and Telephone Lines 10 
 
 Agreements with other Companies as to Rolling Stock 10 
 
 Agreement with Electric Light Companies 10 
 
 Connections and running arrangements with Toronto Rail- 
 way Company 10 
 
 Agreement with County, dated 16th November, 1892 11 
 
 Agreement with Towns'hip of York, dated 6th February, 1893 19 
 
 Agreement with Village of East Toronto, dated 16th November, 
 
 1892 26 
 
 Agreement with Township of Scarboro,, dated 16th November, 
 
 1892 33 
 
 Bonds, etc., of, may be invested in by Toronto Railway Co 66 
 
 Act to amend (189S). 
 
 Location of line on Queen Street 183 
 
 Powers of Company not to be exercised until Agreement 
 
 entered into as to tickets 184 
 
 Hours at which cars' to run 184 
 
 Transfers to and from Queen Street line 185 
 
 May be acquired by Toronto and York Radial Railway Co 186 
 
 Time for completion and operation of 189 
 
 TORONTO SUBURBAN STREET RAILWAY COMPANY. LIMITED. 
 
 May be acquired by the Toronto and York Radial Railway 
 
 Co 186 
 
 TORONTO TERMINALS RAILWAY COMPANY. 
 
 Act to Incorporate (190G). 
 
 Incorporation 199 
 
 Head Office 200 
 
 Powers of Company 200 
 
 Maintaining Union Passenger Station 200 
 
 G. T. R. may convey Union Station property to Company.. 201 
 
 C. P. R. may convey lands to Company 201 
 
 Company to have powers of G. T. R. under Order of Board 
 
 of 23rd February, 1905 202 
 
 Company to be subject to terms of said Order 202 
 
 Agreements with otli^r Companies 202 
 
280 
 
 PAGE. 
 
 TORONTO TERMINALS RAILWAY COMPANY —Continued. 
 
 Iss'ue of securities 203 
 
 Railway Companies may acquire stock in 203 
 
 By-laws for management of Station 203 
 
 Time for construction limited 203 
 
 Order of Board of Railway Commissioners dated 23rd Febru- 
 ary, 1905 204 
 
 TORONTO AND YORK RADIAL RAILWAY COMPANY. 
 
 Bonds, etc., of, may be invested in by Toronto Railway Co. 66 
 Act to incorporate (1898). 
 
 Acquiring franchises of other Companies 186 
 
 Act not to enlarge powers of Companies acquired 187 
 
 Not to dispose of electricity in Toronto 187 
 
 Act respecting (1906). 
 
 Authorized to lay out, construct and operate certain railways 188 
 Agreements with City of Toronto and others not to be af- 
 fected 188 
 
 Power to purchase, etc., land for market or park purposes. . 189 
 Time for completion and operation of railways 189 
 
 TRINITY CHURCH. 
 
 Act respecting (1906). 
 
 Trusts upon which lands held 218 
 
 Southerly boundary of certain lands 218 
 
 Certain roadways declared to be public highways 218 
 
 Corporation empowered to take over certain funds in hands 
 
 of City 220 
 
 Reference to Act to be marked by Registrar on certain plans 220 
 
 UNION STATION. 
 
 Agreement with Grand Trunk as to lands required for 140 
 
 Power to raise $30,000 for widening of Front Street between 
 
 Bay Street and Customs House 149 
 
 Order of Board of Railway Commissioners, 23rd February, 1905. 
 
 G. T. R. allowed to expropriate lands for 204 
 
 Description of lands 205 
 
 Lands to be used for passenger station purposes only .... 214 
 
 Station to be used by all steam railways 215 
 
 Amount to be spent on buildings for . . . : 215 
 
 Time of commencement and completion of 215 
 
 Plans of 215 
 
 Provision for James Bay Railway Company 215 
 
 Ascertaining compensation for lands 216 
 
 Placing tracks upon certain streets 216 
 
 Acquiring portions of streets to be closed 216 
 
 Foot bridge at Bay Street 217 
 
 Removal of debris 217 
 
 No delay in closing or work 217 
 
 Terms as to closing or acquisition of Station Street reserved 217 
 
 UNIVERSITY OF TORONTO. 
 
 City authorized to grant aid to 45 
 
 Agreement as to local improvements on Duncan Street con- 
 firmed lOB 
 
 Agreement as to Duncan Street, dated 5th May, 1902 116 
 
 City authorized to grant $200,000 for purchasing site for 
 
 Hospital 221 
 
 Queen's Park to form part of the City 221 
 
 Lands adjacent to Park subject to police regulations of City 221 
 Act respecting (1906). 
 
 Application of Statute of Limitations as to property 221 
 
 Former dedication not to affect status of lands as Crown lands 222 
 
281 
 
 PAGE. 
 
 UNIVERSITY OF TORONTO— Continued. 
 
 Lands vested in Board not liable to expropriation 222 
 
 Exemption of property from taxation 22' 
 
 Interest of certain Lessees exempt 222 
 
 Lands occupied by federated University exempt 223 
 
 An Act respecting Agreement between the University of Toronto 
 and the Corporation of the City of Toronto (1907). 
 Settlement of disputes between City and University 223 
 
 VICTORIA STREET. 
 
 Opening of, between King and Colborne Streets 92 
 
 WATER WORKS. 
 
 Debentures for cost of water mains in 1890 87 
 
 Debentures for water mains in 1902 
 
 Debentures for $50,000 for new house services authorized, 
 
 1904 12? 
 
 Act of 1872 amended 123 
 
 WINDMILL LINE AGREEMENT. 
 
 Validated 120 
 
 Act not to apply to section 5 (f) 121 
 
 Nor to location of Lake Street 121 
 
 Patent referred to is that of 18th December, 1893 121 
 
 Text of Agreement 124 
 
 WOODBINE AVENUE. 
 
 Power to grant $11,000 for construction of sewerage system 
 
 east of 122 
 
 YORK COUNTY. 
 
 Share for pavement on Adelaide Street 86 
 
 Agreement with validated 103 
 
 Agreement with City as to share of cost of administration 
 
 of justice dated 11th February, 1892 104 
 
 YORK STREET. 
 
 Tracks upon and across in connection with new Station.... 216 
 
 YORK STREET BRIDGE. 
 
 Agreement with C. P. R. respecting 71 
 
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