IMAGE EVALUATION TEST TARGET (MT-3) {./ «^^^ -^^ 1.0 1.1 1^1^ 125 ■a Hi 12.2 S Hi "■ IL25 i 1.4 6" Sdeaces Carpcmtion 4S' V ^. , "f I; \? ,vil U 3 "WW— «^PI ) ] ^ Kwitreil |oitI|eni (oloaiutioa |y. (9. THE CHAETEE, PROVINCIAL AND FEDERAL LAWS, ( "ii^'i ■ * k * » JUDICIAL DECISIONS AND DIVKBS DOCUMENTS RESPECTING THE COMPANY, WITH Contract granted to Messrs. Duncan Macdonald & P>o. A ■M t\ \ MONTREAL : flAZKTri PBINTINO H0D8I, CORNER 8T. ntANCOIS .XATIKR ANP CRAIO STRUTS. 1873. HIUP I' ) I' ' ',' 1*^ -'■'til ^^^^^-m-'^p'r: ih / ■' ^ ■<' I ^ i i / * ^ 1 " I ■f ^ i.". k - '^?.' , r ' ; \ I . ' 1. "- • \ 1 y /; '.. / i ,-*"^ ERRATUA,.-Page 80, Ut line, for Wr.?, read second. / 'v ' •V « ■S^^'-V^VJA^^-Vfs.-, ;,";?, 'U'..;f f" '^ m ■M' ,t ■' , I ■> t 'A. • » V? *'. f I' C lit • j^'. ,. ( t 1 i,J, ?'' t. T '-.>h vir i > X si 4 ",«'.V te* ;^^,'.. ■r / 4,v .■4 r i- ,''} ! »' INTRODUCTION. This pamphlet contains a compilation of the act of incorporation of the Montreal Northern Colonization Railway Company, and of divers statutes which sub- sequently amended the original charter of that Com- pany, and enlarged the sphere of the works it is authorized to execute. , . ? "We have added to these legislative i>rovisions the Quebec Act of 1869, in aid of colonization railways and its different amendments ; the two acts granting public lands to this Company, and finally the text of the con- tract given by the Company to Messrs. Duncan Macdonald & Co., for the building of the first division of that rail- way, viz. : that which extends from Montreal to Aylmer, witii the branch line to St. J^rQme. The following is a brief summary of the several laws reproduced in theee pages : — ? * The Montreal Northern Colonization Railway Com- pany was incorporated by the Quebec act 32 Victoria, chap. 65. In ^irtue of that act the Company was authorized only to build a wooden railway, extending from Mile-End, near the city of Montreal, to Orenville, and further towards the city of Ottawa, on one side, and to Rawdon, on the other. Later by the Quebec act 84 Vic, c. 23, the Company was authorized to continue its line from Grenville to Deep-River, following the north shore of the Ottawa ▼I Rivor. Lastly, by the Canada Act 80 Vict., c. 82, it was ar.thorized to push its line to Lake Nipissing, in the direction of the Canadian Pacific Railway, to Lake Su- perior and to Georgian Bay. By the effect of this latter law, the Company became a federal enterprise in place of the provincial one it was before, and passed, ipso facto, under the control and exclusive jurisdiction of the Federal Parliament, in virtue of the British North America Act 1867, s. 92, ss. 10, § a. In 1868, the Legislature of the Province of Quebec, being desirous of favouring the construction of railways known as Colonization roads, passed the act 32 Victoria, c. 52, which grants an annual subsidy of three per cent per $5,000, for every mile of wooden railway built, pro- vided that the road is at least fifteen miles long. This grant, in virtue of a special clause, can 1)e capitalized at the rate of six per cent per annum, and the lieutenant- govcr]ior in council is authorized to issue debentures at twenty or thirty years for the amount of such capital, provided that half the length of the railway, or an ex- tent of 25 miles at least, be built and in working order. The said grant represents a sum of about |1,700 per mile. That act required the rails to be of wood, but by the act 33 Vict. c. 35, the Montreal Northern Coloniza- tion Railway Company was allowed to use iron rails, wholly or in part. By act 34 Vict., c. 21, s. 7, ihis subsidy does no more apply to that part of the railway forming part of the line between Montreal and Aylmer. The operation of this law restricted at first to the rail- ways built and working at the date of the first of July, 1872, was afterwards extended to the first day of July, 1875, by act 34 Vict., c. 21, s. 12. It was in 1870, that the provincial government of Quebec inaugurated the enlightened policy of granting ttt public lands in aid of the railways whoso construction might exert some influence on the prosperity of the pro- vince. By act 84 Vict., c. 21, a quantity of land averau^- ing 10,000 acres per mile, was granted to the Company for its line from Montreal to Aylmer. This aid was given on condition that the building of this line should begin on the first day of May ; 1878 ; but by the act 8G Vict. c. 42, 8. 8, the delay was extended till the first of May, 1874. The public lands allowed by this act are destributed in equal proportions, both as to quality and quantity, to the North Shore Railway Company, and to the Montrnil Northern Colonization Railway Company. Thoy arc to be taken in four blocks thus situated : block A, in tho county of Pontiac; block B, partly in the county of Quebec and partly in the county of Portneuf; block C in the county of Montcalm, and block I), partly in tho county of Champlain, and partly in the county of Chi- coutimi. These four blocks make a total superficies of 3,203,600 acres ; the greater portion of which is covero,»-, " If a map of the World could be dotted with the areas now covered by these forests, they would appear so small when compared with the remaining portion rf the Earth's surface, that it would almost require a Microscope to discover them, and yet, but a century or two ago, they undoubtedly occupied much the largest portion of the American Continent. Like the " Bed Man of the Forest," they are disappearing before the rapid advances of Civili- zation, to loturn, Never — More ! ! V la d^ \ \ I i X " Hence it is that the owners of the larsest Lumber Manufacturing Establishments, in the United-States and Canada, having millions of dollars invested in the business, are constantly reaching forward into the future, and securing these unoccupied tracks of timber lands, which will become so invaluable to them hereafter. ^: " The Canadian Government has, for many years past, adopted the policy of granting Licenses for cutting and removing the timber from the Forest, and has received a large annual revenue from that source. *' The Commissioner of Crown Lands, in his last Report says, that the. revenue derived by the 6-ovemment from this source during the past four years, has been as follows : For the year ending 30th June, 1868 196,115.90 *' " " " " " 1869 831,762.12 » " " " " " 1870 362,868.02 " " " " « " 1871 406,480.61 " Which shows a ratio of increase, equal to about 25 per cent, annually. ,, ,, ->. .^ ^, ' •' •;•;•?■>, '^'' ^..^P'tys :' -/'y|<'%:^:!uld appear 1 expedient, renue from ig Licenses tut I should Bven if the the annual ) numerous XI streams which flow through all parts of these lands, and run thence into the Ottawa or St. Lawrence Eiver, afford the most ample facilities, either for manufacturing the lumber on the spot ; or for driving the timber and logs to market, previous to being manufactured. " During the debate in Parliament upon the Act grant- ing the 8,2)3,600 acres of land; to the North Shore and the Northern Colonization Railways, it was stated by the Premier, and by the Commissioner of Crown Lands, that they constituted the best timbered lands at that time un* licensed and owned by the Government ; and that no timber had ever been cut from them ; and also that the^ e lands are of great value in consequence of the timber upon them, and that they wiU, if properly administered, enable the Company to construct the Railway, without the aid of subsidies from Municipalities. "The above lands, together with 1,200,000 acres f ranted in aid of the rauway from Quebec to Lake St. ohn, amounting to an aggregate of 4,503,500 acres, are the only lands that have been granted by the govern- ment, in aid of railways, upon the North side of the Ot- tawa and St. Lawrence rivers ; and it is not probable that any further grants of a similar character will be made in the future. - :/ vi . - " It will probably be policy of these railway com- panies, as it certainly is of the North Shore Railwav Company, to mortgage these lands in connection with their railways, in order to procure the means with which to construct their roads ; and to keep the timber upon them intact, until the maturity of their bonds. " In the mean time, the great and constantly increasing demands of the lumbering interests of the country, will compel the government to grant licenses for nearly all the available timber lands in the province; so that, at the expiration of twenty years, or at the maturity of the bonds, the timber upon the lands thus hel 1 by the rail- way companies, will command almost any price that may be asked for it. " It should also be borne in mind, that, after the valu- able timber is removed from these lands, by far the W^f ■:1 ( ■ i ■ i I, i ■ y , XJt greatest portion of them will be susceptible of cultiva- tlon ; and that, in all probability, they will bring from one to five dollars per acre, according to quality and location, for that purpose. "Manufacturing towns and villages will also spring up in the valleys, and along the numerous streams that flow through them ; and the extensive water powers which occur so often upon these streams, will eventually, be utilized ; which, together with the cultivation of the soil, and the raising of stock, will furnish employment to a numerous and hardy population. "Taking into consideration, therefore, the growing scarcity of valuable pine and other timbered lands, not only throughout the world, but upon the American Con- tinent, and even in the Dominion of Canada, where they were formerly supposed to be almost inexhaustible ; the present availability of these lands for the realization of a large and rapidly increasing revenue, by the sale of their timber product ; their future value for agricultural, graz- ing and manufacturing purposes ; and the fact, that, after the expiration of twenty years, or at the maturity of the mortgage bonds of the Company, they will be almost the only available timbered lands remaining upon the North side of the St. Lawrence and Ottawa Rivers, I am forced to the conclusion, that their present value to the company should not be estimated at less than $5 per acre ; or a total of $10,000,000." The lands given to the Company by the act 34 Vict. c. 21 , make a total of about 1,380,000 acres, at the rate of 10,000 acres per mile of road, the distance between Montreal and Aylmer being estimated at 128 miles. -^ The line from Aylmer to Deep-River has been subsi- dized in the same manner by act 36 Yict. c. 42, which allows the Company, for that part of its route, a grant of 10,000 acres of land per mile, or about one million acres, to be taken in the counties of Argenteuil, Ottawa and Pontiac. The condition of the grant is that the road be commenced on the first of January, 1875. xni >f cultiva- >rmg from nality and iso spring earns that sr powers jventually, on of the oyment to growing lands, not lean Con- here they ible ; the ation of a le of their iral, graz- that, after ity of the >e almost upon the rers, I am le to the Ml $5 per net. c. 21, of 10,000 itreal and )en subsi- 12, which grant of ion acres, »wa and ) road be Act 36 Vict. c. 49, cited below, was passed to ratify and confirm definitively all the by-laws voted by difibrent municipalities with the view of aiding the building of the railway, the amount of which had risen at the date of the act, to the considerable sum of $1,274,000. Since then the county of Pontiac adopted a by-law granting $150,000 to the Company, and several other by-laws for less sums have been voted. The municipal by-laws, ratified by act 86 Vict. c. 49, were all valid and legal ; they had all been approved by the Lieutenant-Governor of the Province. Still to give to the debentures, which will be issued to pay the subscrip- tion made by these by-laws a greater value, by rendering their legality altogether unquestionable, the Company thought it prudent to demand of the Provincial Legisla- ture a special act which makes them unassailable, and invests them with that strength and value which only a law can enjoy. The constitutionality of act 36 Vict. c. 49, was attacked before the Privy Council, by a petition for disallowance, addressed to His Excellency the Governor-G-eneral. On the sixth day of May, 1873, the Privy Council rendered its decision leaving the provincial law^ to its own opera- tion, and refusing tiie disallowance. It was after these divers legislative measures that th3 company, on the 24th July, 1873, gave Messrs. Duncan MacDonald and Harry Abbott, the contract for the con- struction of that part of its line, known under the name -- of Division No. 1, extending from Montreal to Aylmer with the St. Jerome branch. The contract is reproduced ' further on with the full specification. Next year, the Company^hopes to be able to give out , the contract for the building of Division No. 2 of its line, from Aylmer to Deep-River, and thus make a fur- ther step towards the final aim of its unceasing efibrts — I if ^f^:.: ': XIV the direct communication of the Province of Quebec with the navigable waters of the great western lakes, at Georgian Bay. -jfv: X i' E. L£F. DE Bbllefeuille, Secretary and Treasurer, Montreal, 16th September, 1873, I- ■ i' ', 'I h ''.V "<■'(?.';>■*'■* ='' ' '!•-'«!?. ■"•''•' '••,'>' '^-*\ . ' ' ' ' » . ' i s I . . .,- • ,; I ; • of Quebeo n lakes, at ' r ■ «* E, Measurer, ■i-' '<'-.'■<--. • ,r-' '■' -->^^'i , >■;►■! S;";VJ. i -• i.^'' Vi-»'.' ■ / \\ 1 I THE CHARTER. 32 VICTORIA, CAP. LV. An act to incorporate The Montreal Northern Colo- nization Railway Company. [Asiented to 6th April, 1869.] TX7HERE AS Robert J. Reekie, Duncan Macdonald, ^^ Peter S. Murphy, David Pelletier, Charles J. Coursol, Louis Beauoien, Charles Legge, Godfroi Laviolette, E. Lefebyre de Bellefeuille, have, by their petition, prayed that they, as well as their legal repre- P«*n»»'uie. sentatives, and such other persons as may, together with them, become shareholders in the said company, be incorporated for the purpose of constructing a rail- way from the city of Montreal, from or near the place called Mile End, to or in the direction of St. Jerome, in the district of Terrebonne, and further north- wards, and as far as the interests of colonization may require, or as it may be deemed useful, and of the working of the said railway when completed ; 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 Legislature of Quebec, enacts as follows : 1. The persons above mentioned, together with such other persons as may become shareholders of any share or shares in the company to be created under this act, shall be and are hereby constituted and declared to be a body politic and corporate, by certain per- and under the name of " The Montreal Northern ^ntea?**'' Colonization Railway Company," and they shall con- stitute such corporation, and shall have perpetual succession and a corporate seal, with power to alter and modify the same at their pleasure, and to plead 2 Power to conttnict ralN way ov«r « certain line. !I ;! and be impleaded, answer and be answered unto, defend and be defended in all courts of justice, to purchase and hold lands and real estate, and also to sell, alienate, exchange or lease such lands and real estate. 2. The company is hereby authorized to lay out, and construct, maJce and finish, run and work a wooden or iron railway, from the place called Mile End, in the Parish of Montreal, near the city of Montreal, with the right of continuing the said railway to the city of Montreal and to the harbor in the municipality of Hochelaga, across the island of Montreal, to or near the village of Sault-au-B^collet ; thence across the river des Frairies, or southern branch of the Ottawa, to a point being within one hundred feet above or below the bridge belonging to MessieursY met and Company, or by traversing the island known as "Isle Lachapelle" now being the property of Mr. Bazile Pich^, over a bridge to be built as hereinbelow mentioned ; thence across the Isle Jesus, as far as the river of Mille Isles, to or near the village of Ste. Hose, or St. Eustache, or any intermediate place; from thence icross the river of Mille Isles, or north branch of the Ottawa, over a bridge to be erected as hereinafter stated, to the village of St. Jerome, in the district of Terrebonne, with such curve lines or deviations as may be deemed necessary for the purpose of continuing the said railway to or near the village of Ste. Therese, or the village of St. Janvier, or through any other such places as the company shall decide upon laying out the said railway. From the village of St. Jerome the said railway may be continued further northwards, either followmg the course of the North Biver, (Bividre du Nord,) 80 as to have stations at or near the places called St. Sauveur, Ste. Addle, Ste. Agathe, or through the township of Kilkenney into Bawdon so as to unite with the Lanoraye and Bawdon railway. And for the working of the said railway, it shall be law- ful for the said company to use steam-en^es or horse-power on part or whole of the said Ime, and the said company is also hereby empowered fo lay ont and construct a double track, on part or the DMcnptioB or whole of the said railway, if deemed necessary by ' '**'' the directors. And the gauge of the said railway- shall be of the breadth to be determined by the di- rectors of the said 'company ; and the building of the said railway may be commenced at such point or points of the main trunk, or the branch lines thereof, as shall bo decided upon by the directors of the said company. By the Canada act 36 Vict, c 8a, a. 4, this clause hu bean amended hj allowing the Company to build it* bridge over the RivUrt dti Prairiu at any point between the head of the rapid* known ai the Rapidtt du Gr0$ Smm/t, or Wm itmUim dm CtptArt, and the bridge known aa the Lachapelle bridge at L'Abord H Ploufla. 3. The said company is also empowered to lay ^^^^^^ ^ .^^^ out, construct, make, finish and run branch roads at such point or points from the main line to such places as may be hereafter determined upon through or near St. Eustache, Ste. Scholastique, Lachute, Gren- ville, and to continue the said railway so as to unite with the Carillon and Grenville railway, under the conditions hereby established for the said main line. And the said railway may be constructed beyond the limits of the district of Terrebonne, towards the city of Ottawa, so as to unite with such other rail- way as may hereafter be built by " The Canada Cen- tral Railway Company," or by any other company duly authoriised to construct a railway from the said city of Ottawa towards the city of Montreal. 4. The said company is empowered to take and La„j f„, appropriate, for its stations or depots, where such •t»tion». stations or depots may be required for any of the works, by this act authorized, lands to the extent of twenty acres, without the consent of the proprietor or proprietors thereof, but otherwise subject to the provisions of the Quebec Railway Act, 1869, in that behalf. 6. The company shall have the right to build all Bridges for the such bridges as shall or may be deemed necessary for the said railway, or any of its branch roads, over any part of any rivei ; but the company shall not com- mence the construction of any bridge over any river or Proviio. Dticriplion nf buch bridges. Bti'oam exceeding fifty yards in ))roadth, at high water, until the plans thereof, and of all the works connected therewith shall have been submitted to the lieutenant> governor in council and by him approved. Provided that nothing herein contained shul bo construed to authorize the said company to interfere in any way with the navigation of said rivers ; and provided further that public notice shall be given in the Official Oaxette under the signature of the i)rovincial secretary of the said plans being submitted to the lieutenant- governor in council and that the said plans shall remain deposited in the ofUce of the commissioner of public works for the period of three months before being so approved. 6. None of the bridges to bo thus constructed by the company, shall be adapted to the passage of horses, animals, vehicles or passengers except in the trains of the said company, but such bridges shall be so constructed as not to obstruct tho navigation of the rivers over which they shall be built, nor to impede the passage of any rafts that may be brought down the said rivers, and the principal arch of the said bridge crossing over the channel, shall not be less than two hundred feet, if the said bridge is not erected at a distance of one hundred feet from the said bridge, and if the bridge to be erected is so erected at a distance of one hundred feet, from the present bridge, the piers to be erected shall corres- pond with the piers of the bridge now already erected there, with regard to the distance between the piers. Provided always that should it be deemed necessary by the board of trade of the city of Quebec, the company shall be bound and obliged to place sufficient booms on each side of the principal channel to facilitate the passage of rafts under or beneath the main or principal arch, the whole under and in conformity with instructions of the commissioner of public works of this province : and the company after having erected the said bridge in conformity with the plans approved by the ueutenant-govemor in council shall not be liable for any damages suffered by rafts or otherwise. iffh water, connected ieuteuani- Provided nstrued to any way provided ;he Official secretary ieutenant- )Ians shall issioner of ths before ructed by assage of ept in the es shall be igution of |lt, nor to e brought ■ch of the all not be Ige is not from the cted is so from the ill corres- ^ already between B deemed r Quebec, to place 1 channel Heath the r and in isioner of any after ity with ernor in sujQTered 7. The said company shall also have the right to f;j*^Y.h« oNtablish a telegraph line along the whole extent of t«iegi«*ph*tn«- the said railway, at such places along the said line, and with offices at such places, as shall be deter- mined upon by the directors, and the said telegraph may bo used by the public generally, in conformity with the rules and regulations that the company may adopt ; the whole subject to the provisions of chap- ter sixty-six of the consolidated statutes of Canada. 8. If any person or persons shiill wilfully or mali- Proiecution ana ciously, or to the prejudice ot the said company, Mnont injurinc, break down, damage or destroy any works, machine, wMk,!*''**" " or device to be erected or made by virtue of this act, or do any other wilful act, hurt or mischief, to disturb or prevent the carrying into execution, or completing, supporting or maintaining the said railway or works hereinbefore referred to, every such person or persons so offending may be summoned by the president or any of the officers of the said company to bo and appear before any one of the justices of tne peace for the district in wnich such offence shar have been committed, and on proof of such offence to the satis- faction of the said justice, such person or persons shall be adjudged and condemned to pay a fine or penalty not exceeding fifty dollars and costs, which shall be levied in due course of law, and in default of paying such fine and costs within fifteen days after judgment, the person or persons so offending shall be imprisoned in the common gaol of the dis- trict within which such offence shall have been com- mitted for a period not exceeding three months. 9. All deeds and conveyances for lands to be con- Form of deed, of veyed to the said company for the purposes of this '«'«»^i»n«»»- act, shall and may, as far as the title to the said lands or the circumstances of the party making such con- veyance will admit, be made in the form given in the schedule of this act marked A, and need not be Modeo'-registra- executed before a notary. And for the due registra- tion of the same, the said company is hereby re- quired to furnish, at its own expense, to the registrar of each county wherein such deeds and conveyances tion. 6 Capital of the Company. ;. 1 i ! mnBt be enregistcred, a book containing copies of the form given in the said schedule A, one to be printed on each page, leaving the necessary blanks for each case of conveyance, and in such book to enter and register the said deeds upon production thereof, and proof of execution, without any memorial, and to minute such entry on the deed ; and the company shall pay the said registrar for so doing the sum of fifty cents and no more ; which said enregistration shaH be held and deemed to be valid in law, — the provisions of any act for the enregistration of deeds now 111 force in this i»rovince to the contrary notwith- standing. 10. The capital stock of the company shall be half a million of dollars, to be divided into fifty thousand shares of ten dollars each, with the right of increasing the said capital stock to two millions of dollars when deemed advantageous by a majority of the stock- holders of the said company. The said capitel stock shall be raised by the persons and corporations who may become shareholders in such stock; and the said money so raised shall be applied, in the first place, towards the payment and discharge of all fees, expenses and disbursements for procuring the pass- ing of this act, and for making the surveys, plans and estimates relating to the works hereby autho- rized, and all the remainder of such money shall be applied towards making, constructing, maintaining and working the said railway and its branch roads, and for no other purpose whatsoever incompatible with this act or the law. Certain com. .11. All manufacturing companies or other com- ?hrrM. ""''**'" panics carrying on business in whole or in part in the city of Montreal, or at any place within the limits of the counties of Hochelaga, Laval, or the district of Terrebonne, whether incorporated by special or general act, may, by a vote of the share- holders representing at least three-fourths in value of the shares, but not o '-Iierwise, subscribe or other- wise purchase and hold any number of shares in the capital stock of the said company, and may divest Application thereof. themselves thereof by transfer in the form herein- after provided. 12. Whenever any municipality interested in the „^ . 1 a-i ft 1 i_ t_ • 11 • •• When Binniap*" said railway snail take shares in the said company utiMmaybere- or lend moneys thereto on mortgage under the terms diSHSr'tni^eiti of the Quebec railway act, 1869, such municiptJity shall not be bound to pay any instalment required by the directors of the company until the works of the said company shall have been commenced within the limits of the said municipality. 13. The said Eobert J. Beekie, Duncan Macdonald, Peter S. Murphy David Pelletier, Charles J. JS^*"""'**'* Coursol, Louis Beaabien, Charles Legge, Godfroi Laviolette, E. Lefebvre de Bellefeuille, are hereby constituted and appointed the first directors of the company, and until others shall be appointed as hereinaiter prescribed, they shall constitute the board of directors of the said company, with power to fill any vacancies that may occur therein, to open stock books and make a call on the shares therein subscribed, to call a meeting of subscribers for the election of directors in the manner hereinafter provided and with all such other powers as, by Quebec Bailway act, 1869, and the act thirty-first Victoria chapter twenty-four of the statutes of Quebec, are conferred upon such board of directors. 14. When and so soon as one hundred thousand dollars of the said capital stock shall have been Meetin|forei«c- ,..,,., ■* , 'J. J j.« tion of nnt diree- subscribed, the company may enter upon its duties ; ton. and it shall be lawful for tne said directors, or a majority of them, to call the general meeting of the shareholders at such place and time as they shall think proper, giving at least thirty days' public notice of the same in the Quebec Official Gazette, and also a previous notice not less than fiUPkeen days in two newspapers published in the city of Montreal, — one in the French language and the other in the English language, — and at such meeting, such number of the directors as shall be fixed by a by-law of the company shiJl be elected to act until the annual general meeting, and until their successors &aall have been 8 How corpora- tions may act at such meeting. Meetings for election of subsequrnt directors. Qnalificatioa of directors. Quoruni of directors. Powers of directors. Corporat'ons how represent- ed. appointed ; and at each such meeting any municipal or other corporation holding shares in the said com' pany to the amount of five mousand dollars or more, and not being in arrears for any calls on their shares, may act at such election as any other shareholder, and shall be each represented at such meeting by some one person authoiized by them for such purposes. By ad 34 Vict., c. 13, s. 8, this clause is amended by striking out all the words after the 15. The Itnnual general meetings shall be held on the first Thursday of June each year after the first meeting hereinabove mentioned, or on ^uch a day and at such place as shall be appointed by any by- law, and at such meeting the shareholaers thare present shall, in manner hereinafter mentioned, elect such number of directors as shall have been pre- scribed by the by-laws of the company, which number shall not be less than five nor more than nine, and notice of such annual meeting shall be published one month pieviously in the Quebec C^jicial Gazette^ or in any other manner that may be pre- scribed by the by-laws of the company. 16. No person shall be chosen or appointed director unless be ho: i, in his own name and right, shares in the capital sto 'k of the said company to the amount of two thousand dollars, and have paid up all calls on such shares. ; . . v^ > .fv<;- / ^.j 17. Three of the said directors shall form a qtiorum for the transaction of business ; and the said directors shall choose among themselves a president and a vice-president, and may employ one of their number as managing director, who may have a i^alary to be determined by the board of directors. 18. The directors shall have ail the powers men- tioned in the statute thirty-first Victoria chapter twenty-four, of the Province of Quebec. 19 Municipal corporations subscribing for stock in the capital stock of the said company shall be represented by the mayor and wardens of such cor}>oration8 for the time being, or by such perBons \r ' miinicipal > said com- rs or more, leir shares, lolder, and g by some arposes. he worda after the be held on )r the first uch a day >y any by- ders there oned, elect been pre- ly, which more than \ shall be \hec Official ly be pre- appointed and right, any to the 9 paid up 9. quorum directors nt and a r number ary to be ers men- chapter for stock shall be of snch persons Direeto/s to fia rate of duurgee. 9 as may be specially appointed by each mnnicipality, according to a by-law for that purpose. By act 34 Vic, e. 93, ■• lo, this daote U repealed. ". -'' 20. Each shareholder shall be entitled to a number voting. of votes e<][nal to the number of shares he shall have had in his own name at least two weeks prior to the time of voting ; provided that no party or parties shall be entiued to vote at the meetings of share- holders w!io shall not have paid up all the calls due ux>on his or their stock, at least eighteen hours before the hour appointed for such meeting. 2\. It shall be lawful for the directors of the said company, from time to time, to fix, regulate and receive the tolls and charges to be received for the transmission of property or persons on the said rail- way, subject always to the approval of the lieutenant- governor in council, and to be published in the Quebec Official Oazette. H-.'Yy, .;,*r;:; rir^v; ^vji,;- -^-v; ■■• '^r,-^- 22. In case of refusal or neglect to pay the toll or Detention of freight due to the said company on any goods, the p^e^of °^ said company shall have the power to detain the '**^«»' same untU payment of such toll or freight be made, and in the meantime such goods shall be at the risk of the owner ; and if such goods be of a perishable nature, the said company shall have the right to sell the same forthwith on the certificate of two competent persons establishing the fact of their being so perish- able ; and if such goods be not of a perishable nature, g« J^JS!**'' and shall remain unclaimed for a period of twelve months, it shall be lawful for the said company, after giving one month's notice in two newspapers, one in the French language and the other in the English language, published at or nearest the locality whore Huch goods may be, to dispose of the same by public auction, and to hand over to the owner the produce of such sale if he shall claim the same, after the deduction of the said tolls and freight and of the expenses incident to any such sale. 23. The said company shall have power to become Power to ime parties to promissory notes and bills of exchange for p^'-'i-onr notee sums not less than one hundred doUars ; and any such 10 i^ v\ promifisory note made or endorsed, and any snchbill of exchange drawn, accepted or endorsed by the president or the vice-president of the company, and countersigned hj the secretary^ and treasurer, and under the authority of a majority of a quorum of the directors, shall be binding tipon the said company ; and every such promissory note or bill of exchange so made, drawn, accepted or endorsed by me president or vice-president of the said company, and countersigned by the secretary and treasurer as such, after the passing of this act, shall be presumed to have been properly made, drawn, accepted or endorsed, as the case may be, for the company, until the contrary be shown ; and in no case shall it be necessary to have the seal of the company affixed to any such promissory note or bill of excnange ; nor Without indi- shall the president, vice-president or secretary and pel^w's^'mg?' treasurer of the company so making, drawing, accept- ing or endorsing any such promissory note or bill of exchange be thereby subjected individually to any liability whatever. 24. In the borrowing of moneys by way of loan, the debentures of the said company shall and may be in the form contained in the schedule B annexed to this act, or in any other form similar thereto, and need not be before a notary, and shall have the effect of creating a hypothec and mortgage upon the said railway and the lands and property thereof, and the registration at full length of a debenture (without the interest coupons thereto attached) in the said form in the registry office for the counties in which part of the said railway may lie, which said registration for the purposes of this act and of the loan to I a made in virtue thereof, shall be held and deemed to be a special registration of the saidrailwayand of all the lands and property thereof, in each county or locality through which such railway may pass or lie, shall perfect &e hypothec and mortgage created by such debenture as regards all parties whatsoever, and the debenture and hypothec and mortgage thereby created shall be to all intents and purposes binding upon the said company in favor of the holder Form of deben- tures. Hypothec- Effect of regis- tration thwreof. 11 of the debenture, and have the effect of mortgaginff and charging sJl the lands and property of the said company wimout any other more formal or partictdar description, but the description in the said schednle B shall be held to comprehend all the lands and tenements of the said company, all wharves and buildings of every nature thereon, and, in short, all the immoveable estate belonging to the said company, j including the rails and iron thereto affixed, any law or usage to the contrary notwithstanding. 25. If after the registration in the registry office of cancelling of de- the said county of a debenture of the said company *^°*"''**- creating a mortgage and hypothec, such debenture shall be presented at the said registry office with the word cancelled and the signature of Uie president, or other duly authorized director of the said company, or of the secretary and treasurer of the said company, written across the face of the said debenture, the registrar or his deputy, on receiving the fee of twenty- five cents in that behalf, and on proof of the cancella- tion by the oath of one credible witness, (which oath the registrar or his deputy is hereby authorized to administer,) shall forthwith make an entry in the margin of the register against the registry of such debenture, to the effect that the same has been cancelled, adding to such entry the date thereof and his signature, and thereupon the cancelled debenture shall be filed and remain of record in the said registry office. 26. And to facilitate the registration of the deben- Modeofregistn- tures of the said company cre&ling a hypothec and *'°"* mortgage and the cancellation thereof, — be it enacted that they, if they deem proper, may, at their own expense, deposit in the said registry office wherein such their debentures are hereby required to be registered, any number of their pruitedblank deben- tures in the form of the said schedule annexed to this act, without its being necessary to add the coupons thereto, bound togemer in a book, and having the pages thereof ntunbered and signed by the secretary of the company, and thereupon the registrar or his w it )f i ! 12 deputy shall be bound to receive and retain the same as one of the registry books of his office, and to regis- ter therein the said debentures of the company instead of registering them in the ordinary registry books of the office, receiving for the registration of each such debenture a fee of twenty-five cents and no more ; any ordinance or law to the contrary notwithstanding. intenectiiigor fS7. It may aud shall be lawful for the said com- iaUwayr?*"''"' pauy to cross, intersect, join and uiute their railway with any other railway, at any point on its route, and upon the lands of such railway, with the neces- sary conveniences for the purpose of such connec- tion, and the owners of both railways may unite in forming such intersection and in granting the facili- ties therefor ; and in case of disagreement upon the amount of compensation to be made therefor, or upon the point or manner of such crossing and con- nection, the same shall be determined by arbitrators to be appointed by one of the judges of the Superior Court for the Province of Quebec. Apeements with 28. It shall be lawful for the said company to enter f^utwrw 'of into any agreement with any other railway company property, track, j^ ^jjjg proviuce, for Icasiug the said railway or any part thereof, or the use thereof, at any time or times to such other company, or for leasing or hiring out to such other company any locomotives, cars, car- riages, tenders or other moveable property of the said company, either altogether or for any time or times, or occasions, for leasing or hiring from such other company any locomotives, cars, carriages, ten- ders or other moveable property, or for using either the whole or any part of such other railroad, or of the moveable property of such other com.pany of the railroad and moveable property of such other company, in common by the two companies, or gen- erally to make any agreement or agreements with any such other company touching the use by one or the other, or by botii companies, of the railroad or moveable property of either or of both, or any part thereof, or touching any service to be rendered by the one company to the other, and the compensation tain the same and to regis- ipany instead Btry books of of each such nd no more ; nthstanding. le said com- heir railway )n its route, th the neces- uch connec- lay unite in ig the facili- mt upon the therefor, or Ing and con- y arbitrators lie Superior >any to enter ay company Iway or any me or times hiring out I, cars, car- >erty of the my Ume or from such riages, ten- ding either Iroad, or of !om.pany of such other ies, or gen- nents with by one or railroad or ►r any part adered by ipensation 18 therefor ; and any such agreement shall be valid and binding, and shaU be enforced by all courts of justice in this province according to the terms and tenor thereof 29. And whereas ?t may conduce to the interests preamble. of the said " The Montreal Northern Colonization Railway Company," hereafter to unite and form a junction and amalgamation with other railway com- panies in this province ; Be it enacted, that it shall be lawful for the said " The Montreal Northern power to anui- Colonization Railway Company " to form such union, SS? wmSniet. junction and amalgamation at any time hereafter, with any other company which is also hereby au- thorized to form such amalgamation upon such terms and conditions as may be agreed upon at a general meeting of the stockholders of the said com- pany specially convoked for that purpose by a ma- jority of such stockholders, and thereafter the com- panies thus united and amalgamated shall form but one and the same company upon the 'terms, stipula- tions and conditions agreed upon between the said companies. And for the purpose of effecting such SrompaniM. amalgamation, the other companies with which this said company may consent to be amalgamated, are hereby authorized to stipulate and determine the conditions of such amalgamation at a general meet- ing of their stockholders specially convoked for that purpose by a majority of such stockholders. 30. It shall be lawful for the said company, and Amemenuwith for the Montreal city passenger Railway Company, p^'„^r rUi- to enter into any agreement or agreements for the way •« mutual , , J ^ . V i» • J • n ""e of track, &c. use by the one or the other of said companies or of both companies at the same time of the railroad of such other compar.y or of any part thereof, or of any station, cars, or any other moveable or immoveable object of eiljier of such companies or of both such companies, or touching any service to be rendered by tiie one company to the other, and the price or compensation of such services ; or for the construc- tion of one or more branch roads, one or more tram- ways in order to facilitate the junction of the rail- i!' ii! 1 (i ! iili 14 roads for both companies ; and any such agreement, ezecnted in due form of law by the two companies, shall be valid and binding and shall be enforced by all courts of justice according to the terms and tenor thereof; and if any such agreement be enterred into between the two companies, the cars and rolling stock, but not the locomotives, of the Montieal Nor- thern Colonization Railway Company may use and pass along the track of the Montreal City Fassenger Railway and vice versa. The company may, after being authorized to that effect by the corporation of the city of Montreal, lay a track in any street paral- ^ lel wim St. Lawrence street in the said city as far as * Craig street; so as to run its cars as far as Craig street aforesaid. kSiriki'llJnS ^^' ^* "^^^^ ^® lawful for the said com]>any, from fo?^rtain ^- time to time, to purchase, lease, detain, hold, receive SStim? ot'S" and use any lands along, or in the vic:inity of, or prodjceiheicoc separated from the railway track of the said com- pany, and if separated from the said trade, with the right of passage to communicate thereinith, that it shall please her majesty or any person or corpora- tion to give, grant, sell or make over to tlie said com- panies; and it shall be lawful for tho said com- pany to cut down timber and to extract out of the ground gravel or stone on the said lands to be used for the building, maintaining or working of the said railway, or to be sold ; to establish thereon stations, tram-ways, branch roads, work-shops,, wood-yards, and quarries ; and to sell the firewood and lumber that may be cut down on such lands, imd from time to time to sell or dispose of such portions of the said lands as may not be required by tiie company for the procuring of gravel or the erection thereon of tram- ways, branch lines, wood-sheds, stations, work- shops, or for any other need of iket said company ; and tiie said company shall have generally the power of buying, transporting and selling fire-wood. "''; Uf'/i', 16 / ..' ;n,t; m:-\^ SCHEDULE A. FORM OF CONVEYANCE. Know all men by these presents, that I, A. B. I of {name also the wife, if any,) do hereby, in consideration of {here state the sum) paid to me by " The Montreal Northern Colonization Railway Company," the receipt whereof is hereby acknowledged, grant, bargain, sell, convey and con- (iirm unto "The Montreal Northern Colonization j Railway Company," their successors and assigns forever, all that certain tract or parcel of land situated, {here describe the lands,) the same having been selected and laid out by the said company for the purposes of their railway ; to have and to hold the said lands and premises, together with the ap- I purtenances thereto, to the said " the Montreal Northern Colonization Railway Company," their j successors and assigns forever, {here the release of I dower, if any.) I Witness my {or our) hand {or hands) seal {or seals) I this day of one thousand eight hundred A. B. (L. S.) Signed, sealed and delivered at in presence of Form of convey- ance. : If}- ■'■' ' SCHEDULE B. FOBM OF DEBENTURE. " The Montreal Company." tiue. Northern Colonization Railway Fomof debtn- Number $ This debenture witnesseth tliat " The Montreal Northern Colonization Railway Company," under the- authority of the provincial statute passed in the year of Her Majesty's reign, intituled : " An act to incorporate the Montreal Northern Coloniza- tion Railway Company," have received from of ^ , , the sum of as a loan, to "^iii III ii ! iiill i ''1| r'l Id bear interest from the date hereof, at the rate of per centum per annum, payable half- yearly on the day of and on the day of which sum of the said company bind and oblige themselves to pay on the day of to the said or to the bearer hereof at Montreal, and to pay the interest thereon half-yearly as aforesaid on the production of the coupon therefor, which now forms part of this debenture. And for the due payment of the said sum of money and interest, the said company, under the power given to them by the said statute, do hereby mortgage and hypothecate the resJ estate and appur- tenances hereafter described, that is to say: T%e whole of the railroad from Montreal to ., , »., ^, . in* chiding all the lands at the termini of ihe said road, and and all lands of the company within these limits^ and all buildings thereon erected, and all and every the appur- tenances thereto belonging. In testimony whereof, , president of the said company, hath hereto set and affixed his sig- nature, and the seal of the said company, at this day of one thousand eight hundred and President, (L. S,) Countersigned and entered Secretary. I certify that this debenture was duly registered in the registry office for the county of in the district of on tiie day of one thousand eight hundred and at of the clock in the noon, in register page Registrar. . '•. * ■- • ■ . ■ '■>' . ' '■• •ii ■ -.■ : : ■ : . J 4> -i.-, THE COLONIZATION RAILWAY AID ACT ' • OF 1869. 82 VICTORIA, CAP. LII. An Act for the encouragement of certain Coloniza- tion Railways. (1 .,,,.. [Aiientod to 5th April, 1860.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as fol- lows: — 1. Provincial aid, to the amount, in the manner, Provincial aid to and subject to the conditions and limitations herein- """"""'"J'*' after set forth, is hereby asi^ured to the construction in wood, maintenance and working, of the follow- ing projected lines of colonization railway commu- nication, namely : The Quebec and Gosford Railway, » ; The Levis and Kennebec Railway, The Montreal Northern Colonization Railway, and The Richelieu, Drummond and Arthabaska Coun- ties Railway. .,,,,.,.,,„(, ;,,,,,.,, ...i...,., .: .....or..- By virtue of the Quebec Act 34 Vict. C ai, S. 7, the aid provided by this clauie does no more apply to such portion of the Montreal Northern Colonization Railway as shall form part of the route from Montreal to Aylmer, such part of the line having by the said act 34 Vict, c ai, received a grant of 10,000 acres of public lands per mile. ft. For such continuous and unbroken length, not conditions, less than fifteen miles of each of the said railways, \{S^TtXh^{i as shall have been constructed in wood, and be in ^y- bona fide operation, to the satisfaction of the Ueuten- ^ ant-governor in council, on or before the first day of yh' If. ,1'! i'lil I I.' !| .11 .1 lubfidy. 18 July eighteen hundred and Hevcnty-two, there shall bo paid from the consolidated revenue fund of the province, — by yearly payments to fall due on the lirst day of September in every one of the twenty years next following the first of such payments, dur- ing which such length of railway shall be continu- ously maintained in such bona fide operation, but not otherwise, nor for any longer term, — a subsidy at the rate of three per cent on the bona fide cost of the construction thereof; such cost however (unless for exceptional bridges) not to exceed the average amount of five thousand dollars per mile. By virtue of act 34 Vict. c. ai, 1. ia,tlM delay for aaming thii tubsiUy i* extended, as rcgarda the Montreal Northern Colonixation Railway, to the ist July, 1873. IhalTbeSned *' ^^ calculatiug such subsidy, any bridge over in ca'ciiiaiingi auy Hvor or stream exceeding fifty yards in breadth at high water, the reasonable and actual cost of which, at such site and of such plan, materials and construction, as shall have been approved before- hand by the lieutenant-governor in council to exceed five thousand dollars, shall be deemed an excep- tional bridge ; and shall be allowed for, not upon the length thereof, but at the exceptional rate of three per cent yearly on the established bona ftde cost thereof, not exceeding however such total as in each case the lieutenant-governor in council shall expressly limit and allow as the reasonable and true value thereof for calculation of such subsidy. 4. The lieutenant-governor In council may from time to time provide as may he deemed expedient, for payment of any such subsidy, or of any part or amount thereof, to any parties claimant from the company primarily entitled thereto ; and for assur- ing such payment, may issue any descriptions of conditional debenture, scrip or certificate, with or without coupons attached, payable to order or to bearer, and otherwise in such form, for such amounts, and subject to all such provisions in respect thereof, as shall be deemed to be in the public interest. After completion *. "Whencvcr oue coutinuous half of any such rail- of Miiway,''8u^ way, or not less than twenty-five continuous miles Mode of nayment of aubsidy. 19 of Main Une, for •uch conversion, may be treated as the whole. of unbroken length tiioreof, shall be satisfactorily ;j^^|2 ^ <^; shown to have been completed and to be in bona fide cmditiont'*'*' * operation, the lientenant-ffoycrnor in council, on de- mand to that effect from tne company, may declare the half of the subsidy thereof to have become and to be thereafter converted into a subsidy payable, not on the condition above set forth of the continue ous maintenance of the lailway in bona fide opera- tion, but on the terms and subject to the conditions following ; and whenever the whole or not less than fifty continuous miles of unbroken length thereof shall be satisfactorily shown to have been completed and to be in bona fide operation, the lieutenant-gov- ernor in council, on like demand, may declare the whole of the subsidy thereof to have become and to be thereafter converted in like manner : 2. If any company seeking such conversion subsidy, shall ask to have the main line of their rail- way, or the fair equivalent thereof, apart from any permitted branches or extensions, regarded (to that end only) as being the whole of such railway, the lieutenant-governor in council may ordain accord- ingly ; and in that case, the claim of such company shall thereupon become and be limited to such main or declared equivalent line only ; 8. Such conversion shall not, in any case, affect **»OTi«o- any portion of such subsidy represented by any still outstanding conditional debenture, scrip or certifi- cates; 4. Within such limits as to amount, the lieutenant Liaa».;Cov., in governor in council, for assuring payment of such raVd&nTum.*' converted subsidy to parties claimant from the com- pany primarily entitled thereto, may issue any des- criptions of debenture, scrip or certificate, with or without coupons attached, payable to order or to bearer, and otherwise in such form, for such amounts, and subject to such provisions in respect thereof, as shall be deemed to be in the public interest; „,_,;■ :',•■■■■ [,i^\- " -.rv,-'' 6. Such converted debentures, scrip or certificates Debentures th»\\ may in any case be issued, — as by the lieutenant- un^^y^^'t" I 11' ' I i Sinhing fund to redeem capital- ized subsidy. of iubtidr, or for goveriior in council shall be deemed to be most in the interest on Vi i i* • i i 'ii o • i. i» the total subsidy thc public mtercst,— either for assnnng payment oi capitalized. ^j^^ amount of such converted subsidy yearly, for the number of years required, or for assuring pay- ment of interest, at six per cent yearly, on the value of such converted subsidy, capitalized at the same rate of six per cent, and made payable as regards capital in not less than twenty nor more than thirty years from date of capitalization ; and shall be pay- able to all bona fide holders claimant from the com- pany, although not to the company if sHU holding the same, notwithstanding any failure of the com- pany to maintain thc railway in continuous bona fide operation throughout the full term of the sub- sidy ; 6. In case of issue of any such capitalized deben- tures, scrip or certificates, the treasurer of the pro- vince shall cause to be invested yearly, as a sinking fund for redemption thereof, in public securities of the Dominion or of this province, a sum equal to the difference between the amount of the yearly in- terest on such capitalized debentures, scrip, or cer- tificates, and that of the converted subsidy repre- sented thereby ; wuresl'ra^h^y *^ ■ Wheucver any converted debentures, scrip or to be subject to certificates shall have been so issued, the whole of inspection, C>'c. ., .■. . .. -i n i • the railway m question and all properties, appur- , tenances, and plant thereof, shall thereafter be sub- ject to all such special inspection by the railway board, or otherwise, as the lieutenant-governor in council from time to time may direct or authorize ; and the lieutenant-governor in council may at any time order the company, within any reasonable specified delay, to make any repairs or do any other act which from such inspection shall be deemed necessary in order to the keeping of the entire rail- way and the property, appurtenances and plant thereof, in a thorough state of efficiency, for the due operation thereof; If company re- 8. If at any time the company shall refuse to sub- IScSonl'ete.r mit to such spccial inspection, or shall interpose or 21 allow any obstruction thereto, or shall refuse or fail «'']*y.'o ^ to do (within the reasonable delay specified) any cro^.'" such act required by the lieutenant-governor in council by reason thereof, or shall fail to main- tain the railway in continuous bonafide operation throughout the full term of the subsidj-, then, im- mediately upon and by virtue of the first payment thereafter made from the consolidated revenue fund of the province, on account of any such outstanding debentures, scrip or certificates, the entire railway and all properties, appurtenances and plant thereof, and all the franchisto of the company, shall ipso facto become and be vested in the crown for the public uses of the province, subject only to such trusts as shall have been or thereafter shall be legis- latively declared or recognized in respect thereof; and, as so vested, the same shall thereafter be held, administered and (by sale or otherwise) disposed of by such public department or officer a,nd in such manner as shall have been or thereafter shall be legislatively designated to that end ; and, as the first trust afiecting the same, and in preference to every other, all proceeds thereof whatsoever, as realized, shall be carried pro tanto to account of the province, to or towards the discharge of such first payment aforesaid, and of all further payments on account of such outstanding debentures, scrip or certificates. 6, The lieutenant-governor in council, upon report what shaii be of the railway board, may from time to time define maintenance' of" by general or special regulations, as occasion may ^e^'^w^y- require, what shall or shall not be deemed to be a bona fide maintenance and working of the several railways in this act mentioned ; and the same shall for all purposes of this act be deemed to be in bona fide operation, so long, and so long only, as in the management and working thereof such regulations shall be in good faith complied with and carried out. ». The expression " the colonization railway aid short tide. act of 1869," shall be a sufficient citation of this act. I u m' h I : I- i AMENDMENT TO THE COLONIZATION RAIL- WAY AID ACT OF 1869. 33 VICTORIA, CAP. XXXV. An act to amend the Colonization Railway Aid Act of 1869. [Araented to 1st Febrnary. 18:0.] HER MAJESTY, by and with the advice and consent of the legislature of Quebec, enacts as fol- lows: Montreal North- 2. The Montreal Northern Colonization Railway luuJ^nntwS Company shall be entitled, upon its conforming to bliut of Sonf"*^ *^® provisions of the said act, to the aid assured by . the said act, notwi?;hstanding that the whole, or any part of the road of the said company shall have been constructed in iron. f i : f '■"■■•"■''■■•"". ^lON RAIL. ;i" :■'. V-'' ■ ' , ; ' - '" • , l FIRST LAND GRANT. MlAa <&Cta 34 VICTORIA, CAP. XXI. An Act to provide for the granting of certain lands in aid of the Railway Companies therein men- tioned. [Aseented to 24th December, 1870.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows: 1. From and out of the public lands of this Pro- ^^^tl^hl vince, certain lands hereinafter mentioned, forming t^? ?un»se» of a superficies of three million two hundred and eight thousand rivd five hundred acres, are hereby set apart for ' L o imrposes of this act, that is to say : all the lan^b '* scribed in the schedule to this act, under the o-i, nations of blocks A, B, C and D, and comprised within the four blocks or extents of ter- ritory coloured in red, and marked respectively A, B, C and D, upon a certain lithographed copy of map of the Province of Quebec, drawn at the crown lands department of this province, by EugCiie Tache, assistant-commissioner of crown lands, and dated Quebec, eighteen hundred and seventy, which lithogri; *hed copy is filed in the ofiice of the clerk o *^he legislative council of this province, to remain oi record for all the purposes of this act, and copies of which, in fnU, or on reduced scale, certified I s5 "tiii' 8f :: M ■;! |i! ! .( Mil 1 '•'HI I E': 1! a,ooo.ooo acres of luch land on cer 24 by *he said clerk, shall be deeired authentic for all legal purposes, S8. The lieutenant-governor in council, may, suh- uin conditions^^ jg^t to thc provisious of the next following section, to*^orth'sho*e grant to the North Shore Eailway and St. Maurice Railway Co. Navigation and Land Company, now to be called the North Shore Eailway Company, for building the North Shore Railway from Quebec to Montreal, and the road to the Grardes Piles, and the establishment ol" a line of steamerw on the St. Maurice, as men- tioned in the act of the late Province of Canada, intituled : " An Ace to incorporate the St. Maurice Eailway andNa "■•"^ion Company," two millions of acres of land, lo - chosen and aUotted by the lieutenant-governor i. council, on the report of the commissioner of crown lan^ls, from v^ithin the said blocks A, B, C and U, in a corresponding proportion, as regards quantity and quality, to those granted under this act for the construction of a railway from Montreal to Aylmer. 10.000 acres per S. Thc Heutenant-govemor in council may, subject ^nteTon^^cer- to the provisious of the next following section, grant Mon??e"a1"No"rth- *o thc Moutrcal Northcm Colonization Eailway Com- Raiiwa'°Co"'°° P^^Y ^^^ buildiug a railway from Montreal to Aylmer, upon the North Shore of the Ottawa, ten thousand acres of land for every mile of such railway, vO be chosen and allotted by the lieutenant-governor in council, on the report of the commissioner of crown lands, from within the said blocks A, B, C and D, in a corresponding proportion, as regards quantity and quality to those granted, under this act for the con- struction of the North Shore Eailway as aforesaid. cooditioiw on^ O. The said Montreal Northern Colonization Eail- b^Bude."" '°*^ way Company shall be entitied to the said grant on the following conditions only : 1. The railway from Montreal to Aylmer shall have been completed and in operation ; but according ' as the company shall have completed twenty-five miles of the railway, the lieutenant-governor in council may, if he think proper, grant to it a pro- m ■ 25 portionate quantity of the said lands at the reduced rate of five thousand acres for each mile completed within the section extending from Montreal to G-renville, and at a proportionately increased rate for every mile completed within the section between Grenville and Aylmer ; 2. The said railway shall connect with the said North Shore Railway from Quebec to Montreal at such point as shall be determined by the lieutenant Grovernor in council ; 3. The lieutenant-governor in council shall have the appointment of one third cf the Directors of the Company, without counting the ex officio directors or directors representing municipalities, and no city, town or municipality shall be represented in the Company by a greater number of directors than the lieutenant-governor in council. 7. The Colonization Railway aid Act of 1869 shall q., 3* v., c. sa, no longer apply to such portion of the said Montreal ?emrn pSnwlTof Northern Colonization Railway as shall form part of »*'d'^*»y' the route from Montreal to Aylmer. 9. All tracks of lands actually held under licei)ce HmVu^no^tolie for the cutting of timber, comprised within the comprislsd in" boundaries of blocks B. C. D.; described in the '""^ "'*'""'• schedule to this act, as hereinbefore mentioned, shall be excepted therefrom, and a superficies correspon- ding to the deficiency created by such limits now in existence shall be set apart for the purposes of the said grant out of the unoccupied lands of the crown in the nearest neighborhood to the said blocks B. C. D. IS. The delay mentioned in the second section of DeUyofseci.r the colonization railway aid act of 1869, is hereby tendik. * extended to the first day of July, one thousand eight hundred and seventy five. 15. Iron rails may be laid instead of wooden rails iron nils may be /111 .I*' .. :i'ii •1 i> substituted for on any of the railways mentioned in the said coloni- wooden without zation railway aid act of 1869, without affecting p"'"'"""'^"''*- the right of obtaining the aid thereby assured for the construction of such railway. ^■,. 26 Ludtmaybere- ift. The lieutenant-ffoveruor in council may re- •erved for road- i« i.- lo j i /» -i ^ way and stations seTve lOT hiinself and also for any railway company of raUways. ^ whom he may grant the same, the right of taking, without compensation, upon any lands granted under this act, as much land as may be deemed necessary for the road-way and stations of any railway that may pass over the lands so granted. 17. In case any one of the above named companies shall not have bona fide commenced to build its rail- way within two years from the first day of May next, it shall forfeit all claim to lands under this act. By act 36 Vict. c. 42, s. 8, the delay sranted by this clause is extended until the first day of May, 1874. Railways to be commenced lc« fr»»» ist May, i873. 'I' ■■; hi; i A ,.n! i li 'iiii I lit If SCHEDULE. Block A. The territory included in this designation being situated in the County of Pontiac, at the western extremity of this province, and being traversed by the principal branch of the Ottawa river and by that of the river called the Abittibi, is bounded as follows, that is to say: Beginning at the point of intersection of the meri- dian of the mouth of the river Blanche, on lake Tem- iscamingue, with the rear line of the Indian reserve, situate between such last mentioned river and lake des Quinze, at the point A as set forth on the map hereinabove mentioned ; thence prolonging such meridian line for a distance of thirty-one miles or thereabouts to the height of land separating the water of the St. Lawrence from those of Hudson's Bay to B ; thence following a line running north, 71 ® east, astronomically, a distance of 64 miles, to C ; thence in a true southerly direction, a distance of 60 miles to D, thence, following a western course, astronomically, a distance of 23 miles or thereabouts, to the intersec- tion of the most southerly bay of lake Missizowaja, ▼:W-. V'»~^"^^ ■ ded until the first 27 at the point E ; thence skirting the eastern and north- em shore of the said lake, and that of lake des Quinze, nntil opposite the point at -which it dis- charges itself, by means of the river of the same name, at the place designated by the letter F ; thence persuing a course usually north, to G-, to the stake planted by the surveyor, Charles Bouchette, in 1864, to mark the north-east angle of the Indian reserve aforesaid ; thence following the northern boundary of the said reserve, to its intersection with the meri- dian of the mouth of the river Blanche to the point of departure at A, a distance of 15| miles or there- abouts. The said block A comprising an extent of territory of 3,827,400 acres in superficies. Block B. The territory so designated, including the Island of Lake Edward, and watered by the river Batiscan and by the river known as the Pierre river, being situated partly in the county of Portneuf and partly in the county of Quebec, is bounded as folloyrs, that is to say : Beginning at the letter A, on the said plan, to the point of intersection of the line of survey drawn during the summer of 1870, by the surveyor Ignace Dery, with the north bank of the river Pierre, from thence following such said line, so already estab- lished, for a course north 45 ® west, astronomically, to the river Batiscan, a distance of 10 miles and 85 chains, and pursuing in the same direction a dis- tance of about 9 miles to the line of survey drawn by the surveyors Eugdne Casgrain and H. Legendre, in 1869, to the point B, from thence at a right angle following the said line of survey a distance of about 3 miles to D, to its junction with the south-western branch of the river Batiscan, known as the river Jeanotte, and ascending the left bank of the said river and following the windings thereof to its source in Lake Edward, and skirting the south shore I I 9» of such lake to itf. eaBtem extremity, and ascending to its sonrce (at tlie place marked D,) the little river which disoharffes itself at such place. From this point, the said olock to be bounded towards the north by a line running true east about 2 miles to the point E, situate at six miles at right angles to the general course of the river Metabetcnouan, then at ^e said distance following parallel thereto, in a south and south-westerly direction, the course and wind- ings of the said river to lake aux Rognons, and thence, by prolonging, at the said distance of six miles, a parallel line to the survey of the continua- tion of the Gosford road, fixed by the surveyor E. Casgrain, to the point of meeting the river Pierre, at me point F, and descending the course of the said river, to its intersection with the line of survey of Mr. Dery, at the point of departure already men- tioned. The said block B comprising 319,440 acres. P' i I- p Ml i.»m\ Block C. Situate in the county of Montcalm, bounded as follows, that is to say ; beginning at a distance of 10 miles from the nortn-western angle of the township of Doncaster on the division line between the coun- ties of Argenteuil and Montcalm, at the north-western angle of mo proposed Township of Archambault, at the point A, on tiie said map, following the said line, and, in continuation, the line dividing the districts of Montreal and Ottawa, to its meeting wi& the principal branch of the Riviere Rouge, a distance of about 26 miles in B ; thence ascending the course of the said principal branch to a point of intersection with the line between the counties of Montcalm and Joliette, in C ; thence following such line on a course, astronomically south, 45 *=* east, for a distance of 34^ miles to the north-east angle of the proposed Town- ship of Lussier, to about ten miles from tiie north-east angle of that of Chilton, in D ; thence following the rear liiie of the said proposed townships of Lussier 29 and Archambault, a distance of 20 miles, to the point of departure in A. The said Block C, comprising an area of 871,200 acres in superficies. t Block D. This extent of territory, situated on the eastern bank of the Eiver St. Maurice, partly in the county of Ghamplain and partly in that of Ghicoutimi, is bounded as follows, that is to say : Beginning at the mouth of the Grand Riviere Pierriche, on the St. Maurice, about ten chains from the 64th mile post planted by surveyor Bignelle in 1848, at the time of his survey of the said last mentioned river at the point A, on the said map ; thence following the meridian of the mouth v f the said Cfrand Riviere Pierriche, a distance of 37 miles to B, from such place, at right angles with the said meridian, on a course west astronomically, a distance of nearly 37 miles to the point of meeting the River St. Maurice, in C . Thence descending the left bank of the said river and follow- ing all its windings in a direction usually south and south-east, lo the point of departure at the mouth of the said Grand Riviere Pierriche, at the place marked A, and already discribed. The said Block D, comprising an area of 685,466 acres in superficies. ','' I A I ; ii . .1111,1 , FIRST AMENDMENT TO THE CHARTER. 34 VICTORIA, CAP. XXIII. An Act to grant additional powers to the Montreal Northern Colonization Railway Company, and for other purposes. [Assented to 24th Deoeiuber, 1870.] WHEREAS, it is expedient to grant additional powers to the Montreal Northern Colonization Rail- way Company ; therfore, Her Majesty, by and with the adyice and consent of the Legislature of Que- bec, enacts as follows : Power to eon- 1. The Said Montreal Northern Colonization Rail- frSm *Gre"^'' Way Compauy shall have power to extend their line to Deep KiTer. of railway from Q-renville to Deep River, or " Che- nail Culbute" on the 0+*awa River, in the Province of Quebec, and from any point on their line within the limits of the city of Montreal, to Point St. Charles or the Bonaventure Depot, and at the east- ern end of said city, the whole subject to the condi- tions and with the privileges and rights established and stipulated by an act incorporating the said com- pany for the original line of said railway, save only as regards their claim for a subsidy. Provided al- ways, that the aforesaid proposed communications to be made within the limits of the city of Montreal to Point St. Charles or Bonaventure Depot, shall not be commenced until a map or plan and survey of the line and extent of such communications shall be 81 laid before the Council of the Corporation of Mon* treal, and the sanction and approval of such council and the board of directors of the Grand Trunk Company of Canada, be first had and obtained. 3. The capital of said company shall be ten mil- c»piui. lions of dollars. 8. Should such course be deemed necessary to Pomn to pm facilitate the negotiation of bonds or debentures IliVbSdl^iluHri' issued or due by the said company, the shareholders Ihl^howfe^in of said company shall at all times, by a by-law, SSStorKSiTor passed at a meeting duly convened for that purpose, intemt. nave power to decide that if ut any time the bonds or debentures issued by the said company, or the interest coupons^ or any of them, become due and are not paid in a certain delay after maturity, the period of such delay to be set forth in said by-law, the right to vote conferred on shareholders of the said company shall then cease, and that subse- quently holders of bonds or debentures due and payable by the said company, shall have right to vote at all meetings of the said company, and shall also enjoy all the other powers conferred on the shareholders of said company by their act of incor- poration, or by the Quebec railway act of 1869, in the place and stead of shareholders, and that the bond or debenture holders shall also have the right to vote in proportion to the amount of bonds or debentures held by each, in the manner prescribed by said by-law ; and to provide for the restoration of the right to vote to shareholders, and for depriving bondholders of the said right to vote, as the share- holders of said company may think proper; and such by-law shall neither be revoked nor modified without the consent of all holders of the company's bonds negotiated subsequently to the passing of said by-law. 4. It shall not be necessary, for securing to their Registration or bonds or debentures priority over the said road, its ^<| *«<««>•«*•• rolling stock properties and revenues, according to the respective dates of their issue, to register said bonds or debentures, issued by the said company in i| n lll^ lii p' il M li j ii ; * 'III 111 I j |-:-.;|. t DtbraturM to coiwtituM a g«* mral mortgti* on iho lands of Iht company. ProvUion whan thtM tanda v •old and tha pur- chaaa money paid Investment of money*. Holders of de- bentures to elect three trustees, and directors to name three othetSjto manage binds etc. 82 virtue of the powers conferred on them notwith- standing article 2180 of the Civil Code. 5. AH debentures issued by the said company shall constitute a general mortgage on the lands which may in future be granted to the said com- f)any issuing such debentures, provided the said anas be mentioned or indicated in general terms as subject to such mortgage ; but the payment made bv any hona-fide purchaser of any of the said lands, of the purchase money to the treasurer of the com- pany, or to any other person appointed for that pur- pose, and the receipt given for the payment of such purchase money by the treasurer or other person named on behalf of such debenture holders, shall discharge all lands thus paid for from any such mortgage ; and until otherwise ordered by said com- pany, in virtue of the powers conferred on them by the present act, with reference to the reception of such moneys, the treasurer of the said company is hereby authorized to receive such purchase money on behalf of the holders of such debentures, and shall keep all moneys so received apart from the ordinary receipts of the said company, and he shall be responsible for the same as special trustee, until said moneys be disposed of in the manner hereinafter provided. The moneys thus received by the treasurer of the said company shall, from time to time, be in- vested in government securities, or shares of any solvent chartered bank doing business in Canada, for the purpose of forming a fund for the payment of the interest on such debentures as it becomes due, and for redeeming those debentures at maturity. 6. The holders of the debentures of the said com* pany, having hypothec on said lands, shall have the right to elect from among themselves three trustees, wnich election shall be made by such holders of debentures at a meeting of such holders called for the purpose, in the same manner as is provided by the act mcor][/orating the company for special meet- n notwith- 88 ings of the nhareholders thoroof ; and may be made by a majority in amount of Huch holders present at such meeting either in person or ))y proxy ; and the directors shall name three of their number to con- stitute with the said trustees, a board of six trus- tees, and such trustees shall have the control, man- agement, disposition and direction of the lands re- presented by the holders of the debentures, or in which they have any interest; and may sell and dispose of such land "nd collect and receive the proceeds thereof, as tney may see lit, and for that purpose may appoint an agent or agents and have an office or offices either in Canada or elsewhere, and on realizing the proceeds of the said lauds or any of them, may divide the proceeds among such holders or invest the same for the benefit of such holders, and otherwise manage and administer such lands in h manner as may bo prescribed by such holders, "^solution or by-law passed at a meeting thereof, called and held in the manner hereinbefore provided for the election of such trustees ; provided always, that the proceeds, after payment of expenses of Proviso. management to be audited and approved by the di- rectors of the company, of the sale of any such lands on being received by the said trustees or their agent in that behalf, shall pro tanto extinguish such debentures after the extinction thereby of the inter- est thereon then overdue. 7. The directors elected by the shareholders shall |Je"tort UmlVo- be eleven in number, exclusive of ex-officio directors, »"•». but the company shall have power, by a resolution adopted by a majority of the shareholders thereof, at a general meeting, to diminish from time to time the number of directors of the said company. But the quorum of the board of directors shall always remain five. 8. The fourteenth section of the act of the legis- sec «4^[^3»J<, lature of this province, thirty-second Victoria, chap- ter fifty-five, is hereby amended by striking out eJl the words in the said section, after the word " ap- pointed." m 34 ^greemmt ma^ 9. jf at any time the said company shall agree anothe'roonii^y with any othcT Toilway company for the construc- ofth^ibUr'^'^ tion of any part of the said line of railway, such agreement may be submitted to the lieutenant* kovernor in council, and if approved shall become binding on the parties thereto, and upon such approval the proportion of any land grant from the government of this province, which may be appli- cable to such portion of the said line, shall enure to the benefit of the company actually constructing the same, upon the conditions contained, in such agreement. Sec. i9of « v., lO. The nineteenth section of the act of the legis- c 55, repe ed. Iq^^q ^f ^j^jg province, thirty-second Victoria, chapter fifb, five, is hereby repealed. fi !' «M AMENDMENT TO THE COLONIZATION RAILWAYS AID ACT OF 1809. 35 VICTOEIA— CAP XXII. An Act to amend the Act of this Province, thirty- second Victoria, Chapter fifty-two, respecting aid to certain Colonization Railways. [Assented to 23rd December, 1871 . ] HER MAJESTY, by and with che advice and consent of the Legislature of Quebec, enacts as follows : 1. Notwithstanding anything to the contrary, con- tained in the act of this province, thirty-second Vic- fjbli/""^!'^*^ toria, chapter fifty-two, whenever one continuous half paid in certain of any of the railways named in the said act, or of the "*"' length of the St. Francis and Megantic International Rauway, defined in section thir^>een of the act of this ProAance, thirty-fourth Victoria, chapter twenty- one, or any continuous portion of such railways, not less than twenty -five miles in length, shall be completed and in operation, the lieutenant-governor in council may, on demand of the company, pay for such half, or for every such length of road, the full amount of the converted subsidy granted by the said act, in proportion to Ihe number of miles so completed. 3. Such payment may be made either in money it majrbe paid or by means of capitalized government debentures, or in capitalized and the provisions of sub-sections four, five, six, '>«'^°"'^*»- 86 seven and eight, of section five of the said act, shall apply to the said debentures in the same manner as to the converted debentures mentioned in the said e ibnsections, and shall subject the company and the railwav, and all the properties and appurtenances thereof, to the same obligations, conditions and lien, as ^hey would have been subject to in the case of the payment of the annual subsidy or of debentures, having been issued in virtue of the said act. ' * ■!■ hmv iM'iti; i-m SECOND LAND GRANT. Similar grant lay be made to ift Montreal -irthern Colo- ii.^ation R. Co. 36 VICTORIA—CAP. XLII. An Act to proyif^e for the granting of aid to certain railway companies. [Anented to 21th Dceamlwr, 1872.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 3. The lieutenant-governor in council may, sub- ject to the provisions of the next following sectio grant to "The Montreal Northern Colonization Railway Company " with a view of aiding in the construction of that part ox «he road lying between Aylmer and Deep river, ten thousand acres of land for each mile in length of the said portion of the railway, and such grants shall be taken from within the limits of the counties of Argenteuil, Ottawa and Pontiac; and the lieutenant-governor in council may, for the purpose aforesaid, select the lands to be so granted, from and out of the unoccupied lands of the crown in the said counties. 4. The said company shall be entitled to the said conditions of grant upon the following conditions only : wid grant. The said railway shall be begun within five years from the passing of this act ; The said oection of the said railway, from Aylmer to Deep River, shall have been completed and put «s^i;v*ri^^i4.i.-?« je-4«;. *i.vic* ffi ■ '- v^ .m : n I I 1i i 4 i mt i !iP! : Kin, I Mil) > Kill' ':! iii li '"3!l;i! ttAii! I ^ * •ililil 1 -]!^ lilll! I 'ii 88 into operation to the entire satisfaction of the lieu- tenant-governor i'l council. Nevertheless, the lieutenant-governor in council may, if he thinks proper, when it is established that the said company is actively engaged in the con- struction of the work, to grant unto the same as soon as twenty-five miles of such section of road shall have been completed, a part of the said lands in proportion to such length of road. Railway to be 5. lu casc the last named company shall not have !inwo"yeara,''or bontt fide commeuccd to build its railway or section feh"d.'° "" *"'' ^^ railway, as above mentioned, within two years following the first day of January next, then and in that case, it shall forfeit all claims to land under this act. Delay granted to 8. The dclay granted to the Montreal Northern era"coionUatbn Colouizatiou Railway Company, by section seventeen fef.'^i7op3Ayl of the act thirty-fourth Victoria, chapter twenty-one, c. 21, extended." is extcudcd uutil thc first day of May, eighteen hundred and seventy-four, and in case the said com- pany shall not hftve commenced to build its railway within the period mentioned, it shall forfeit all claims to land under the said act, and under this act. •:r-- CONFIRMATION OF BY-LAWS. 36 VICTORIA— CAP. XLIX, An Act to confirm certain By-Laws authorizing sub* scriptions of Stock in the Montreal Northern Colonization Railway Company. [Assented to 24th December, 1872.] WHEREAS, the Montreal Northern Colonization Preamble, Railway Company have represented by their petition that it was expedient to declare and pro- nounce valid, legal, and binding the by-laws passed and adopted by the Corporation of the City of Mon- treal, and by other municipal corporations in aid of the said company ; and, whereas tJie said by-laws, and each and all of them have been examined and approved by the lieutenant-governor in council, as provided by law and by the municipal code of the province of Quebec ; therefore. Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. By-law No. 59, entituled : " By-law to authorize Montreal By- the taking of Stock by the Corporation of the Mayor, vrd.**"'""* Aaldermen and Citizens of the city of Montreal, in the Montreal Northern Colonization Railway Company, to the extent of one million dollars currency, and to pay the same in cash, or in bonds or debentures, and to impose a yearly rate to pay interest and pro- vide for a sinking fund," passed and adopted by the if v'->^i'*«->,-'7"--.v t■v^7 'if 1' r4 (•I :! i;! Proviso. St. Andrews By-Law de- clared valid' 40 City Council of the said Corporatiou on the third day of April, one thousand eight hundred and seventy-two, and subsequently, to wit, from the twenty-ninth day of the said month of April (1872,) to the tenth day of the month of May of the same year, approved and ratified by a majority of the electors of the said City of Montreal qualified to vote on said by-law, copy of which is annexed to this Act under schedule A ; is by these presents de- clared legal and valid, and shall be considered and adjudged as having been legal and valid, and duly approved by the electors qualified to vote therein according to the statutes and shall be considered and adjudged as having been legal and valid, from the date of the passing thereof, and all taxes and assess- ments imposed, collected and levied, or to be im- posed, collected and levied, by and in virtue of the said by-law, are by these presents declared valid and binding ; but nothing herein or in the said by- law contained, shall entitle the corporation of the said city of Montreal to collect any further or larger assessment than shall be requisite to pay the interest and the sinking fund upon the amounts in cash or debentures, which the said corporation shall then have paid to the said company on account of the said subscription, and upon the amounts in cash or debentures which the company shall have the right to deinand from the said corporation upon or before the time at which such assessment shall become payable. 2. By-law No. 1 of the corporation of the Parish of St. Andrews, intituled : " By-law to authorize the Corporation of the Parish of St. Andrews, in the County of Argenteuil, in the District of Terre- bonne, to take stock in the capital stock of the Mon- treal Northern Colonization Railway Company to the extent of twenty-five thousand dollars currency, and to pay the same in bonds or debentures, and to impose a yearly rate to pay interest thereon, and provide for a sinking fund," adopted by the Muni- cipal Council of the said Parish on the nineteenth day of June, one thousand eight hundred and seven- m 41 ty-two, and unanimously ratified on the fifteenth day of July next following by the electors of the said Parish of St. Andrews qualified to vote on said by-law, a copy whereof is annexed to these presents under Schedule B ; is declared by these presents to be valid, legal and binding to all intents and pur- poses and so to have been since the passing thereof. 3. And, whereas, by clause C, section 1, of said Ameodingst. by-law, the subscription of the said Parish of St. tltT'* ^' Andrews is made subject to the condition that the line of the said railway shall pass at a distance of not more than one mile from the English Episcopal Church of the village of St. Andrews ; and whereas it may become expedient for the said corporation of the Parish of St. Andrews, to amend this condition by increasing:, to not more than two miles, the dis- tance within which it shall be lawful for the said company to construct the line of the said railway, and by diminishing' to not more than twenty thou- sand dollars the amount of said subscription, as mentioned in aforesaid clause : be it enacted that the municipal council of the said parish may amend such clause of the aforesaid by-law, in any of its sessions, called after due noiice, by resolution adopted by the majority of members of said council present at such session, and such amendment so adopted ^all hereafter be a part and parcel of such by-law notwithstanding all contrary legal provi- sions ; provided that such resolution will be ap- proved by the electors of the said parish, duly noti- fied according to the provisions of the municipal code for the approval of municipal by-laws. 4. The by-laws hereafter mentioned and named certain By-Laws and each and all of them are hereby declared valid, '*"='""<* '"^'^• legal and binding to all intents and purposes, and so to have been since the passing thereof respectively, to wit : 1. By-law No. 2 of the Corporation of the County county of otia- of Ottawa, entituled : "By-law to authorize the Cor- *='By-^''- poration of the county of Ottawa, in the province of Quebec, to take stock in the capital stock of the > , if iip Ml 'ill! 'i!li«' Ste Therese Village By-Law. Ste. Therese Parish By-Law. 42 Montreal Northern Colonization Railway Company, to the extent of two hundred thousand dollars, and to pay the same in bonds or debentures, and to im- pose a yearly rate to pay interest and provide for a sinking fund," adopted by the municipal council of the said corporation, at its quarterly session held on the twelfth day of June, one thousand eight hundred and seventy-two, and subsequently, to wit, on the ninth day of July next following, ratified and ap- proved by a majority of the electors of the said county q^ualified to vote on said by-law, a copy whereof is annexed to these presents under Sche- dule C. 2. By-law No. 2 of the corporation of the village of Ste. Therese de Blainville intituled : " By-law to authorize the corporation of the village of Ste. Therese de Blainville, to take stock or shares in the capital stock of the Montreal Northern Colonization Railway Company, to the extent of twelve thousand dollars, and to pay the same in cash or bonds, and to impose a yearly rate to pay interest thereon and pro- vide for a sinking fund," a copy of which is annexed to these presents under Schedule D, adopted the said by-law by the municipal council of the said village oi Ste. Therese de Blainville, on the second day of April, one thousand eight hundred and seventy-two, and subsequently, to wit, on the twenty-liinth day of the said month of April, approved and ratified unanimously by the qualified electors of the said village. 3. By-law No. 2 of the corporation of the parish of Ste. Therese de Blainville, intituled : •' By-law to authorize the corporation of the parish of Ste. Therese de BlainvUle, to take shares in the capital stock of the Montreal Northern Colonization Rail- way Company, to the extent of twelve thousand dollars, and to pay the same in cash or bonds and to impose a yearly rate to pay interest thereon and provi- de for a sinking fund," of which a copy is annexed to these presents under Schedule E, adopted the said by- law by the municipal council of the said parish of Ste. 43 Jerome Therese de Blainville, on the second day of April, one thousand eight hundred and seventy-two, and subsequently, to wit, on the twenty-ninth day of the said month of April, approved and ratified unani- mously by the qualified electors of the said parish of Ste. Therese de Blainville. 4. The by-law intituled: "By-law No. 62 to st.je authorize the corporation of the parish of St. Jerome ^*"*'' By-Law. to take stock or shares in the capital stock of the Montreal Northern Colonization Railway Company, to the extent of ten thousand dollars, and to pay the same in cash or debentures, and to impose a yearly rate to pay interest thereon, and provide for a sink- ing fund," copy of which is annexed to these pre- sents under Schedule F, adopted the said by-law by the municipal council of the said parish of St. Jerome, on the eighth day of July, one thousand eight hundred and seventy-two, and unanimously approved and ratified on the first day of August next following, by the qualified electors of the said parish of St. Jerome. 5. By-law No. 53 of the corporation of the village st. jerome of St. Jerome, intituled : 'By-law to authorize the ^"'•*^"»-^'** corporation of the village of St. Jerome, to take stock or shares in the capital stock of the Montreal Northern Colonization Railway Company, to the extent of fifteen thousand dollars, and to pay the same in cash or debentures and to impose a yearly rate to pay interest thereon and provide for a sink- ing fund, copy of which is annexed to these pre- sents under Schedule Gr, adopted the said by-law by the municipal council of the said village of St. Jerome, on the twenty-fourth day of July, one thou- sand eight hundred and seventy-two, and unani- mously approved and ratified on the nineteenth day of August next following, by the qualified electors of the village of St. Jerome. ■i i\\ i 44 SCHEDULE A. id I ,1 ' llMill n LUlll By-Law to authorize the taking of Stock hy the Corpor- ation of the Mayor f Aldermen and Citizens of the City of Montreal, in the Montreal Northern Colonization Railway Company, to the extent of One Million of Dollars currency, and to pay the same in Cash or in Bonds or Debentures, and to impose a yearly rate to pay interest and provide for a Sinking Fund. Whereas, in the opinion of the Council of the Cor- poration of the Mayor, Aldermen aud Citizens of the City of Montreal, the inhabitants of the said City are snfRciently interested in the Railway which the Montreal Northern Colonization Railway Company are authorized to construct from Montreal to Aylmer, with a branch to St. Jerome, to warrant the said Corporation in taking Stock in the said Company to the extent of One Million of Dollars currency, and to pay the same, either in cash, or in Bonds, or Deben- tures, at the option of the said City Council, and to impose a yearly rate sufficient to pay the interest upon such Bonds or Debentures, and two per cent, over and above such interest, as a Sinking Fund : And, "Whereas, all the requirements of the Act forming Chap. 25, of the Consolidated Statutes for Lower Canada, and of Chap. 83, of the Consolidated Statutes of Canada, and of all other Acts concerning the same, have been compiled with, before the passing thereof; Now, Therefore, the said Council of the said Corporation of the Mayor, Aldermen and Citizens of the City of Montreal, at a special meeting thereof regularly held at the City Hall in the City of Montreal on this third day of April, in the year of our Lord one thousand eight hundred and seventy- two, in the manner and after observance of all the formalities prescribed by the S.-.tutes in such case made and provided, at which said meeting at least 4A iiftoen membors of the said Council, to wit: the following members thereof, are present, viz : His Worship the Mayor,— sCharles J. Coursol, Esquire. Aldermen, — David, Masterman, Bastion, Wilson, Simard, Bernard, Alexander, McG-auvran. Councillors, — Nelson, Christie, Betournay, Rivard, Desmarteau, McShane, Stephens, Garth, Hood, Mullin, Loranger, Kay, BoUand, McCambridge, Kennedy, Brunet, Grenier, Munro, — of whom me majority then and there voted for the said By-Law, — have ordained and enacted, subject to the consent of the qualified electors of the City of Montreal, first had and obtained in the manner provided for in and by the several Acts of the Province of Quebec, and oUier Statutes in such case made and provided, and do hereby ordain and enact^as follows : Sec. 1. — Upon the terms and conditions hereinafter stipulated and provided for, the Mayor of the said City shall be, and he in hereby authorized and required for and on behalf, and in the name of the said Corporation of this City, to subscribe for, and take one hundred thousand shares of stock in the said Montreal Northern Colonization Railway Com- pany, chartered by Act of the Parliament of this Frnvince ; and the said terms and conditions are as follows : (1) — Fifty thousand shares of the said stock shall be bonafide taken by other Municipalities and by solvent persons competent to pay the amount of their subscriptions which shall be to the satisfaction of the majoiity of the members of the said Corporation who will form part of the Board of Directors of the said Railway. (2) — The said City Council shall appoint annually, by a vote of their own body, two persons to be Directors of the said Railway Company, forming, together with the Mayor of the said city, three directors thereof, who shall be members of the i .'! 11' r til 46 board of directors of iho Maid company : and tho riji^ht of appointing the Huid diroctors Bhall not bu aff'ectud by any change in the governing body or in the constitution of the company. (3) — The said Railway shall be commenced at the harbour of Montreal, near and within the eastern limits of the city, within which also the station, work shops and terminus of the said railway, shall be located near the harbour of the said city, and the said railway shall be proceeded with continuously and without intermission northward of the mountain of Montreal, in the direction of, and as far as Hull, in the district of Ottawa. (4) — The said company shall commence the branch line to the village of St. Jerome, in the district of Terrebonne, so soon as the main line reaches the point of junction, which shall be fixed at or near tho village of Sto. Thereso, and shall continue such branch line simultaneously with the remainder of the main line ; and the said branch line to St. Jerome shall be made and constructed in like manner and with the same quality of iron rails as the main road from Montreal to Hull. (6) — The amount of said subscription shall be payable, at the option of the finance committee, either in cash, or in bonds or debentures, to be taken at par ; and for the purpose of securing the due application thereof to the said railway, to Hull, it shall only be exigible as follows : a. Fifty thousand dollars, — on the completion of the bridge of the said railway across the Riviere- des-Prairies, and of the road connecting such bridge with Montreal. b. Twenty-five thousand dollars — on the comple- tion of the bridge of the said railway across the River Jesus or des Jl^Iille-Isles, and of the road con- necting such bridge vdth Montreal. c. Seven hundred and seventy-five thousand dol- lars — to be paid, as the work of the railway pro- ' i- L ' li i^l^ :^\'j ■ ifi..-^;^ 4t grosses, at iho ralo of iivu thonsp.nd dollars per milo (exclusive ol' the foregoing allowance for bridges,) such payments not to exceed, however, in any case, one third of the value of the work done on the lino from Montreal to Hull (including the ^i. Jerome branch) ; any balance remaining after the said pay- ments or instalments are mode, to be reserved und paid only after the road is iiually completed aH agreed upon, and in running order from Montreal to Hull : But before any payments are made to the said company for, or on account of the bridges, or mileage, as aforesaid, the estimates and certificates of the company's engineer, shall be verified and cer- tified correct as to work done, and all other particu- lars, by an engineer to be selected and appointed by the said corporation. (L One hundred and fifty thousand dollars — to be reserved for the purpose of purchasing in the name of the said Montreal Northern Colonization Kailway Company, the property belonging to the Govern- ment of Canada, known as the " Quebec Gate Bar- racks," and also other government property in the neighbourhood, and the property known as the •' Military Hospital," and any other property, for the purposes of the said railway, the terms, price and conditions of the said purchase to be fixed and determined by the said city council, and to be bind- ing upon the said Montreal Northern Colonization Rculway Company, who shall accept and carry out the same ; the properties so purchased to be used, enjoyed and disposed of for stations, for the said company or any other railway company, as the said city council may, from time to time, decide and order, by resolution thereof: the said Montreal Northern Colonization Eailway Company shall not hare the power to sell or dispose of any part of the said properties without the previous sanction and consent of the said city council: but a sufficient breadth shall be taken from the said properties to give to St. Paul Street a width of at least fiftjr feet, to Barrack Street, a width of at least forty feet, to Lacroix Street, a width of at least sixty feet, to ■M 48 Woodyard Street, in front of the government pro- perty, a width of at least forty feet, and to Water Street, a width of one hundred ?nd fifteen feet at the angle of said "Water Street and Barrack Street, and eighty-five feet at the angle of the said Barrack Street and Woodyard Street, by striking a straight line from the said angle of Barrack Street to the angle of Woodyard Street, — of which said breadth of properties the said company shall make a gratuitous cessior to the city, to facilitate the widen- ing of such streets, if deemed necessary by the said council. e. For the purposj of insuring a connection between the railway of the said company and the trade of the Upper Ottawa, the said company shall on or before the completion of the railway to Hull, make such arrangements with the Canada Central Railway Company, as shall enable them to run cars direct from Montreal through to the extreme western point then reached, or which may hereafter be reached, by the said Canada Central Railway, in which arrangements it shall be essential points, that a bridg shall be built si or near Hull, connecting the Northern Colonization Railway with the Canada Central Railway, and that the last named company shall either reduce and procure to be reduced the gauge of its railways and connections to the same gauge as the Montreal Northern Colonization Rail- way, or shall place on its track, and procure to be placed on the track of the Brockville & Ottawa Railway, between Carleton Place and Sand Point a third rail to enable narrow gauge cars to be run through from the Montreal Northern Colonization Railway on the Canada Central and Brockville & Ottawa Railways, v^estward. And in order to secure th3 making of such firrangements, fifty thousand dollars of tJ?.e said subscription shall be retained by the corporation of the said city out of the last in- stalments to be paid to the said Montreal Northern Colonization Railway Company, in and by sub-sec- tion c of the present by-law, until such arrange- ments are made. But in the event of its being ..«•, Aii;.K*«.*6*-^ ' '^a&ai^iaafg^iia^ 4d found impossible to make such arrangements, except upon terms which shall be considered too disadvantageous by the said last named company, and by the said City Council, then the said City Council shall make such special order as to the pay- ment of the said reserved sum of money to the said company, as the said council may deem expedient. (6) The gauge of the said railway shall be four feet eight inches and one-half; and in the construc- tion of the said railway, the bridges over the prin- cipal rivers along its route shall be built with sub- stojitial stone piers, and no bridge over any river shall be built with wooden piers without the con- sent of the City Council. The rails, if of iron, shall not be less tLan sixty pounds weight per iineal yard, and if of steel, not less than forty-eight pounds per lineal yard, and the railway generally, and its appurtenances shall be of equally good quality, material and construction with the Great western Railway of Canada, or any other railway in Canada. And if any of the conditions of this section be not complied with the payments, on account of the- subscriptions h* reby authorized shall cease, and shall not recommence until the engineer appointed by the City Council shall be satisfied that the default has been rectified, and that the work is being pro- ceeded with in conformity herewith ; and if the whole amount of the shares hereby subscribed for shall have been paid at the time or the breach of any of the conditions of this clause, the company shall ipso facto become liable to the corporation of the said city for interest on such amount, from the date of such breach, until the default of the Com- pany has been rectified. ^ (7.) The road from Montreal to Hull shall be completed within three years from the first of Octobei next. (8.) The place at which the Montreal Northern Colonization Eailway shall connect with the North Shore Bailway shall be fixed, and shall continue and reni^in so fixed, at a point near the bank of the river •I v\ liil "i^ ■I m 50 J' V 11 * • •i ' m I 'I ■4111 ft] St. Lawrence, and near and within the eastern boundary of the said City of Montreal. (9.) The said compcvny shall be bound at all times to cany with due mligence from any station on their line to the city of li^ntreal, or to any other station thereon, any fuel or fire-wood, in quantities of not less than six cords at one time, to be carried ill a car attached to any freight train, at such rates as may be approved by the lieutenant-governor in council, such rates not to exceed four cents per cord of dry wood, and five cents per cord of green wood, per mile, for a distance not exceeding twenty miles, three cents and one-half per cord of dry wood, and four cents and one-half pei; cord of green wood per mile, for a distance not exceeding forty miles, three Cents per cord of dry wood and three cents and one-half per cord of green wood, per mile, for a distance not exceeding seventy miles, and two cents and one-half per cord of dry wood and three cents per cord of green wood, per mile for a dis- tance not exceeding one hundred miles ; and should the Company or its employees refuse or neglect to comply with the above conditions, the proprietor of such fuel or firewood which the said Company or its employees, shall thus refuse or neglect to carry» shall be entitled to recover from the said compe^ny, by way of liquidated damages, the sum of ten dol- lars per day for each and every day, if the said Com- pany or its employees shall rerase or neglect to carry such fuel or firewood when requested so to do ; and in case the Corporation of the said City should de- termine to feed its aqueduct with water from the rivers or lakes at or oeyond St. Jerome, the said Company shall allow the free use of its bridges to lay the necessary pipes to bring water into this City, and shall grant gratuitously a width of twenty feet of land for the laying of the said pipes along the whole distance of the said railway to St. Jerome, the whole to be subject to the approval of the Super- intendent of the said aqueduct. Sec. 2. The bonds or debentures to be issued by the said Corporation shall be for an amount of not [eastem at all station other kiitities |carried ih rates [rnor in its per green Jwenty ^ wood, I wood r miles, 5 cents lile, for tid two I three a dis- should lect to ietor of •any or carry, npany, 3n dol- l Oom- > carry *; and ildde- tn the ) said ridfes this venty along rome, •uper- 3d by if not 51 less than one hundred dollars each, payable in twenty-five years, and bearing interest at six per centum per annum, said interest payable semi- annually. Sec. 3. For the purpose of paying the interest upon the said bonds or debentures, and for the pur- pose of establishing a sinking ftmd of two per centum per annum upon the amount of such sub- scription, over and above the interest thereon, a special rate or assessment is hereby imposed upon all rateable real property, in the said City of Mon- treal, as follows : The said rate or assessment shall, for every one hundred dollars of the assessed vcdue of the said real property be, Five Cents — For the current year (one thousand eight hundred and seventy-two.) Twelve and a Half Cents. — For the year one thousand eight hundred and seventy-three. Eighteen Cents. — For the year one thousand eight hundred and seventy-four, and for each and every subsequent year. . ,. ;, r , , Seo. 4. — The said special rate or assessment shall be due and payable the same as all other taxes and assessments which the said Corporation are author- ized to impose by their Charter and the several Acts amending the same, provided that in the event of an increase in the value of the rateable real property of the said city, or of a dividend being received from the said Montreal Northern Colonization Railway Company, upon -the stock thereof, the said City Council may gradually reduce the said speciid rate, or assessment; and in the latter case, such dividend shall be applied to the payment oi the interest on the said bonds or debentures and the sinking fund, as aforesaid. . ^^ ■; •; r'^ •!. :i| HI lit 4 .m ;>-f^ ?,.•■ M, , ' . 52 IVifi- III \ 1 W ■fl ^i'si!! li ;ii SCHEDULE B. BY-LAW to authorize the Corporation of the Parish of St. Andrews, in the County of Argenteuil, in the District of Terrebonne, to take stock in the Capital Stock of the Montreal Northern Colonization Rail- loay Company, to the extent of Twenty-five Thousand Dollars Currency, and to impose a yearly rate to pay interest thereon, and provide for a Sinking Fund. At a special session of the Municipal Council of St. Andrews, in the County of Argenteuil, in the District of Terrebonne, convened by Martin "Wan- less, Esq., Mayor of St. Andrews, and held at St. Andrews, aforesaid, on Wednesday, the nineteenth of the month of June, one thousand eight hundred and seventy-two, in conformity with the provisions of the Municipal Code of the Province of Quebec, at which were present : Mr. Mayor Martin Wanless, Esq., and the Councillors : Judah Centre, Edward Jones, Julien Paquin, Peter E. McMartin, Ferdinand Dorion, and Robert Q-ordon, forming the quorum of the Council, under the Presidency of Mr. Mayor ; it is ordained and enacted by By-law of the said Cor- poration, subject to the consent of the electors of t^e said Municipality, duly qualified to vote in approval^ or disapproval of said By-law, as follows: , ^ ,. Whereas, in the opinion of the said Municipal Council, the inhabitants of the said Municipality are sufficiently interested in the railway which the Montreal Northern Colonization Railway Company are authorized to construct, to warrant the saia Municipal Council in taking stock in the said Com- pany to the extent of twenty-five thousand dollars currency, and to pay the same in bonds or debentu- res, and to impose a yearly rate sufficient to pay the interest upon such bonds or debentures, and two per cent over and above such interest as a sinking fund. 1. Upon the terms and conditions hereinafter pro- vided for and stipulated, the Mayor of the said the Parish 'Uil, in the the Capital ition hail- J Thousand ate to pay Fund. Council of lil, in the rtin "Wan- aid at St. lineteenth hundred :)rovisions iuebec, at Wanless, 1 Edward 'erdinand uorum of *iayor; it said Oor- )rs of the approval [tmicipal )ality are lich the Company the said lid Com- doUars iebentn- pay tile knd two sinking ■ter pro- the said 68 Municipal Council shall be, and he is hereby author- ized and required for and on behalf, ana in the name of the Corporation of the Parish of St. An- drews aforesaid, to take two thousand five hun- dred shares of stock, of ten dollars each, in the said Montreal Northern Colonization Railway Company, and the said terms and conditions are as follows : (a.) One half of the aforesaid subscription, to wit : the sum of twelve thousand five hundred dol- jlars shall be due and payable to the said Company whenever, and as soon as the grading of the said Railway shall have been made and completed through the said Municipality of St. Andrews. (b) The second half, or balance of the aforesaid subscription, to wit : the sum of twelve thousand five hundred dollars, shall be due and payable to the said Company whenever, and as soon as the railway shall have been completed and in working order, from the station thereof in the parish of St. An- drews, to the City of Montreal. » * i : i {c.) A depot or station of the said railway shall bo placed and established within the limits of the Parish of St. Andrews, at the point of the said rail- road, that shall be the nearest to the village of St. Andrews, and within one mile of the English Epis- copal Church in the village known as the Village of St. Andrews ; but this condition will not prevent the payment of the first half of the said subscrip- tion wnenever it may become due according to the above condition marked (a), provided the line of the said railway be so located as to pass within the said distance of the said Village. {d.) The said Corporation shall have'the right of paying the said shares in bonds or debentures, wnich shall be taken at par by the said Company. (c.) In the event of the Corporation of the county of Argenteuil subscribing or taking stock in the capital stock of the Montreal Northern Colonization Railway, then the subscription of the Corporation of the Pansh made by this by-law will be reduced pro- rl \ \ i i! •r r.. 1 t m i 4' I u I I'll '•"•I II , . l».»*i: i: \ '•^', ■ t Mtm'. HI i i ■■. u portionately, and in such case the present subscrip' tion will be valid and binding only above the pro- portion this Corporation may be called to pay in vir- tue of the County By-law. (2.) The bonds or debentures to be issued by the said Corporation shall be for an amount of one nun- dred dollars each, payable in twenty-five years, and bearing interest at six per centum per annum, said interest payable semi-annually at the Mer^^ants Bank of Canada, in Montreal. (8.) For the purpose of paying the interest upon the said bonds or debentures, and for the purpose of establishing a sinking fund of two per centum per annum upon the amount of said subscription, over and above the interest thereon, a special rate or assessment is hereby imposed upon all taxable real property in the said Municipality of the Parish of St. Andrews, as follows : — The seid rate or assessment shall, for every one hundred dollars of the assessed value of the said taxable property, be of thirty-five (35) cents for the year following that in which the above condition, contained in me clause marked (a) shall ^ have been fulfilled, and seventy (70) cents for the year in which the condition mentioned in the above clause marked {b) shall have been fulfilled, and for each and every subsequent year until the full payment of the said bonds or debentures. (4.) The said special rate or assessment shall be due and payable the same as all other taxes and assessments which the said Municipal Council is authorized to impose, provided that in the event of an increase in the value of the taxable property of the said Municipality, or of a dividend being received from the Montreal Northern Colonization Kailway Company upon the stock thereof, the said Municipal Council shall gradually reduce the said special rate or assessment, and in the latter case such dividend shall be applied to the payment of the interest on the said bonds or debentures, and of the sinking fund as aforesaid. 65 J . :l\ 1 L ■. SCHEDULE 0. ; ,i '.r.;wi BY-LAW to authorize the Corporation of the County qf Ottawa^ in the Province of QuebeCy to take Stock in the Capital Stock of the Montreal Northern Colon- ization Railway Company to the extent of Two Hun- dred Thousand Dollar a^ and to pay the same in bonds or debentures^ and to impose a yearly rate to pay Interest and provide for a Sinking Fund. jj r; ^ "WHEREAS in the opinion of the Municipal Coun- cil of the Cotporation of the county* of Ottawa, the inhabitMits of the said county are sufficiently in- terested in the railway which the Montreal Northern Colonization Eailway Company are authorized to construct from Montreal to Aylmer, to warrant the said Corporation in taking stock in the said company to the extent of two hundred thousand dollats cur- rency. ('<»• «*i And, "Whereas all tlie requirements of the several statutes in such case made and provided, and of the Municipal Code of the Province of Quebec, have , been colnplied with before the ipassiug of tlie present By-law. : ,j X tJ Now, Therefore, the said Municipal Council of the said Corporation, at a quarterly meeting thereof, regularly held at the Town Hall in the Villag*e of Aylmer, in the said county, on this twelfth day ot* June in the year of Our Lord, eighteen hundred and seventy-two, in the manner, and after the observ- ance of all the formalities prescribed by the statutes ill such case made and provided — at which said meeting, the following members thereof are present, to wit : the Warden, Alexandre Bonr^eau, mayor of the Municipality^ of the village of Aylmer, aforesaid, and the following councillors, to wit: — F. Samuel Mackay, mayor of the municipality of the parish of Ste. Angelique ; Ezra B. Eddy, mayor of the muni- cipality of tne township of Hull ; Hiram Dunning , ; II i.^. :,. - 56 .1' ,1 ■.'■■ :im »«tiH I III >MI 1,,. |miI.i|1' fill)' i(,l N!..||t mayor of the municipality of the township of Bou- chette ; George Johnston, mayor of the Municipality of the township of Masham ; Seth Gates, mayor of the municipality of the township of Wakefield ; Hector McLean, mayor of the municipality of the township of Eardly ; Michael Lavell, mayor of the municipality of the parish of St. Malabhi ; Ma^tih O'Mealley, mayor, of the municipality of the tow'n- ship of Lowe ; Pi'an9ois Xiivier Bouvier, mftyor of the municipality of the township of Templetoh; Patrick Kelley, mayor of the municipality of the township of Buckinghiam ; Charles Major, mayor of the municipality of the paris)^ of Notre Dame de Bonsecours; Joseph Joubert, mayor pf the muni- cipality of the township of Ripon; Archibald Campbell, mayor of th% municipality of the towla- ship of Lochaber ; McPherson Lemoyne, mayor of the municipality of the village of Buckingham; William Weatherdon, mayor of the townships of Mulgraye and Derry ; and Edouard Leduc, nutyor of me municipality of the parish of St. Andr^ Avelin ; forming a quorum of the said Council under the presidency of tiie said Warden of the said coun- cil, have ordained and enacted, subject to the con- sent of the electors of the said county duly qualified by law to vote in approval or disapproval of said by-law first had and obtained, in £he manner pro- vided for in and by the Municipal Code of the Pro- vince of Quebec, and of the statutes in such case made and provided, and do hereby ordain and enact asfbllows: — •' -■■■■ •■/'•■^' .'■■■ "■■>' ■ i'"-i'!-;,"n Section 1 . Upon the terms and conditions here- inafter stipulated and provided for, tiie Warden of the said county shall be, and he is hereby author- ized and required for and on behalf, and in the name of the said Corporation to subscribe for and take twenty thousand shares of stock in the said Montreal Northern Colonization Eailway Company, and the said terms and conditions are as follows :[.,[, ... ' ■ ^ t.^ Section 2. The amount of the said subseriptiou shall be payable in debentures of the said Corpora- m tion, which debentures shall h,& for an amount of one hundred dollars each, and shall be payable in twenty-five years from the date of their issue re- spectively, bearing interest at six per centum per annum, said interest payable half-yearly, on the first days of January, and July in each year, at the Mer- chants' Bank of Ganada, in the city of Ottawa. And such debentures shall rank equally upon the taxable real estate in the said county, notwithstanding that they may bear different dates : and such debentures shall be accepted by the company at par, in payment of the said subscription. Section 8. For the purpose of insuring the due application of the said subscription to the construc- tion of the said railway, in the manner most favour- able to the interests of the said county, the said sub- scription shall only be exigible as follows : — a. One hundred and fifty thousand dollars as the work of the railway progresses within the said county of Ottawa, such payments not to exceed fifty per cent of the value of work done and ma- terials furnished on the line between the boundary of the county of Argenteuil and the village of Ayl- mer, and not to exceed thre^ thousand dollars on any one mile thereof. ,, i , b. Such payments on account shall be made monthly, as the work progresses, upon the certifi- cate of the Company's Engineer, which may be veri- fied, if required by the corporation, by an engineer to be elected by the Municipal Council of the said county. ■:-'^'-^ "'•- " -'•' .i "-.-■■ -'-'^^ "■'>' ■■ ■ c. The remainder of the said subscription, namely, fifty thousand dollars, shall be payable upon the completion of the said railway to Aylmer in running order, with railroad stock and appurtenances suffi- cient for the efiective working thereof ; said line to be in running order on or before the first day of December in me year eighteen hundred and seventy- five. 4 iji .f ■« H \.r I'n. I !i|il| I II If ,, IT' Hi !«sl->4i Nt 1 1) Wl ill Mm 1,11 Ni .1} Pi 5ft Section 4. In the construction of the said tail- way*, the bridj^s oyer the principal rirers alon^ its ronte, shall be btiilt •wiih. substantial stone piers ; the raUs, if of iron, shall not be less than sixty pounds i^filight per lineal yard, and if of steel, not less than forty-eight i>onnas per lineal yard ; and the ri^ilway, generally, and its ax>pnrtenances, shall be all eqnal m quality, material and construction to the St. Lawrence and Ottawa railway. Section 6. For the purpose of paying the in- terest on the said debentures, and for the purpose of establishing a sinking fund of two per centum per annum upon the amount of such subscription, oyer and aboye the interest thereon, a special rate or assessment is hereby imposed upon the real estate in the said county of Ottawa, as fo11<^WB : The s^d rate or assessment shall be for e\ dollar of the assessed yalue of said real estate, three mills in the dollar for the current financial year next after the commencement of the work of construction of the said railway within the coimty of Ottawa, and fiye and a half mills in the dollar for the second and eyery subsequent financial year, untill the said de- bentures are paid in full. Section 6. The said special rate or assessnient shall be due and payable, the same as all other rates, taxes and assessments which the said Corporation are authorized to impose ; provided, always, that in the event of an increase in the value of rateable real estate of the said county, or of a dividend being received from the said railway company upon the stock so to be subscribed for, the said Corporation of the said county, may gradually reduce the said special rate of assessment, and in the latter case, such dividends shall be applied to the payment of the interest, on the said debentures, and to the sink- ing fund aforesaid. ' i. 69 *'l SCHEDULE D. 1.1.(1 BY-LAW to authorize the Corporatioit of the village of Ste. Therese de Blainville to take stock in the Capital Stock of the Montreal Northern Colomxation Railway Company, to the extent of Twelve Thousand Dollars^ and to pay the same in Cash or Debentures, and to impose a yearly rate to pay Interest and pro- vide/or a Sinking Fund. (.1 i > At a special meet- ing of the Municipal Oooncil of the Tillage PROVINCE OF QUEBEC, Municipality of the village of St^. Ther«se de Blainville. of Ste. Therese de Blainville, in the county of Terre- bonne, in the district of Terrebonne, conyened by the Mayor, J. Y. Leguerrier, and held in the said vil- lage, at the ordinary place of meeting of the Coun- cil, the second day of the month of April, one thou- sand eight hundred and seventy-two, conformably to the provisions of the Municipal Code of the Pro- vince of Quebec, at which meetmg were present : The Mayor, Joseph Victor Leguerrier, and the councillors M. H. E. Gaudette, Seraphin Ouimette, J. Brunette, L. Deschambault, J^rlmie Descham* bault, George Graton, constituting a quorum of said Council, under the Presidency of the mayor, the said J. V. Leguerrier. All the members being pre- sent, the seven, having after verification, received notice of the convening of this meeting ; It is ordained and enacted by By-law of the Coun- cil as follows: I. The mayor of the said municipality is author- ized and required in the name of ^e said council, to subscribe for and take twelve hundred shares of stock, of ten dollars each, in the capital stock of the- said Montreal Northern Colonization Railway Com- pany, the whole subject to the following ctmaitions; (a.) The half of the said twelve hundred shares of stock, to wit : the sum of six thousand dollars^ ii •"I -iti k t f. 60 ■hall be due and payable to the said OompanT when- ever, and at soon aa the bridge to be placed aoroit the river Jeans or the river of Mille-Ialei, by the said Company, shall be bnilt, and the said railway shall be completed and in working order from the Oitv of Montreal to the extreme north-west of the said bridge in the parish of St. Therese de Blain- ville. , {b.) The second half or balance of the aforesaid shares of stock, to wit : the sum of six thousand dollars, shall be due and payable to the said com- pany whenever and as soon as the said railway shall be completed and in working order from the Oity of Montreal to within the actuu limits of the Muni- cipality of the said village of Ste. Therese de Blain- vule, or within the limits which may hereafter be set to the said Municipality, by an Act of the Legis- lature of this Province. , (c.) The point of junction between the principal line of the said railway and the St. Jerome Branch, as also a station or depot, shall be established within the actual limits of the village of Ste. Therese de Blainville, or within the limits that may hereafter be set to the said Municipality, by an act of the Legislature of this Proi/ince. , •• i..: {d.) The said Corporation will have the right of paying the said shares in cash or debentures, which shall be taken at par by the Company. . . . , ■ • II. For the purpose of paying the interest upon the said debentures, in case that debentures be issued to pay the subscription to the said shares, as afore- said, and for the purpose of establishing a sinking fond of two per centum per annum, upon the amount of said debentures, over and above the said interest, which interest shall be six per centum per annum, a special rate or assessment is hereby im- posed upon all taxable real property in the said Municipality of the village of Ste. Therese de Blain- ville, as follows : — n The said rate or assessment shall, for erery one hundred dollars of the auessed yalne of the said tax- able property for the first year, to wit : for the year following that in which the said payment shall be made to the said Company, of the first half of the aforesaid subscription, ninety-seven and a half cents ; for the second year, that is tor the year immediately following the payment made to the said Company of the second half of the aforesaid subscription, and for all the following years until the payment and extinc- tion of the said de bcnturcH, one dollar and eighty-five cents currency. III. The said special rate or assessment shall be due and payable the same as all other taxes and assess- ments imposed by the Municipal Council, provided that in the event of an increase in the value of the taxable property of the said Municipality, or of a dividend being received from the said Company upon the shares taken and subscribed for by the said Corporation in the capital stock of said Company, the Municipal Council of the village of St. Therese de Blainville, shall proportionally reduce the said special rate or assessment, and in the latter case such dividend shall be applied to the payment of the interest and sinking fund of said debentures. IV. The debentures which shall be issued by the said Municipal Corporation shall be for a sum of not less than a hundred dollars each, payable in twenty- five years, and bearing interest at the rate of six per centum per annum, the said interest payable semi- yearly. I) ■M'i . i ..-. J . hi 62 I •*.' ' SCHEDULE E. BY-LAW to authorize the Corporation of the Parish of Ste. Therese de Blainville, to take Stock in the Capital Stock of the Montreal Northern Colonization Railway Company to the extent of Twelve Thousand Dollars^ and to pay the same in Cash or Debentures^ and to impose a yearly rate to pay Interest and provide for a Sinking Fund. PROVINCE OF QUEBEC, ) At, a special meeting Municipality of the Parish | of the Municipal Coun- of Ste. Therese de Blainville. ) cil of the Parish of Ste. Theresa de Blainyille, in the county and distnct of Terrebonne, convened by the Mayor, and held in the Market Hall of the village of Ste. Therese de Blainville, the 2ud day of April, one thousand eight hundred and seventy-two, at ten o'clock in the forenoon, conformably to the dispositions of the Municipal Cede of the Province of Quebec, at which were present : The Mayor, Vital Aubin, and Councillors Octave Desjardins, Jjouis Jasmin, Jovite G-ratton, Toussaint Labelle, constituting a quorum of the Council, londer the Preside.aoy of the Mayor, the said Vital Aubin. It is ordained and enacted by By-Law of the Council as follows : I. The Mayor of the said Municiijality is author- ised and required in the name of the said Muni- cipality to subscribe for and take twelve hundred sLares of stock, of ten dollars each, in the capital stock of the said Montreal Northern Colonization Railway Company, the whole subject to the folio w- iiig conditions : (A) The half of the said twelve hundred shares of stock to wit : the sum of six thousand dollars shall be iue and payable to the said Company whenever, and as soon as the bridge to be placed across the river Jesus or the river of Mille-Isles, by said Com- 6d pany, BhaHl be built and the said railway shall be completed and in working order from the Gity of Montreal to the extreme north-west of the said bridge in the parish of St. Therese de BlainTille. (B) The second half or balance of the aforesaid shares of stock, to wit : the snm of six thousand dollars shall be due and payable to the said Company whenever and as soon as the said railway shall be completed and in working order from the City of Montreal to the point of ^nnction between the principal line of the said railway, and that pai I of the road known by the name of the St. Jerome branch. (C) The said Corporation will have the right of paying the said shares in cash or debentures, which shall be taken at par by the Company. II. For the purpose of paying the interest upon the said debentures, in case that debentures be issued to pay the subscription to the said shares, as afore- said, and for the purpose of establishing a sinking fund of two per centum per annum, upon the amount of said debentures, over and above the said interest, which interest shall be six per centum per annum, a special rate or assessment is hereby imposed upon all taxable real property ii> the said Municipality of the YUlage of Ste. Th^rdse de Blainville, as follows : The said rate or issessment shall, for every one hundred dollars of the assessed value of the said tax- able property for the first year, to wit : for the year following that in which the said payment shpll be made to the said Company, by the said Municipality of the parish of Ste. Therese de Blainville, of the first half of the aforesaid subscription, eighteen cents; for the second year, that is for the year immediately following the payment made to the said Company of the second half of the aforesaid subscrip- tion, and for all the following years until payment and extinction of the said debentures, tiiirty-six cents currency. H 1 i^i il 64 p:'-. III. The said special rate or assessment impose dby the said Corporation, shall be due and payable the same as other taxes and assessments imposed by the Municipal Council, provided that in the event of an increase in the value of ihe taxable property of the said Municipality or of a dividend being received from the said Company upon the shares taken and subscribed for by the said Corporation in the capital stock of said Company the Municipal Council of the parish of Ste. Therese de Blainville, shall propor- tionally reduce the said special rate or assessment, and in the latter case such dividend shall be applied to the payment of the interest and sinking fund of said debentures. IV. The debentures which shall be issued by the said Municipal Corporation, shall be for a sum of not less than a hundred dollars each, payable in twenty- five years, and bearing interest at the rate of six per centum per annum, the said interest payable semi- yearly. [IS:*! iii '•■♦•11 SMlIlt 1' SCHEDULE F. BY-LAW to authorize the Corporation of the Parish of St. Jerome, to take Stock in the Capital Stock of the Montreal Northern Colonizaiion Railway Com- pany, to the extent of Ten Thousand Dollars, and to pay the same in Cash or Debentures, and to impose a yearly rate to pay interest and to provide for a Sinking Fund. PROVINCE OF QUEBEC, ) At a special meeting Municipality of the Parish) of the Municipal Coun- of St. Jerome ) cil of the parish of St. Jerome, in the county of Terrebonne, convened by Louis Labelle, secretary-treasurer of said Council, held at the village of St. Jeroms, in the Market Hall, on Monday, the eighth day of the month of July, one thousand eight hundred and seventy-two, at which were present : ose dby .ble the )sed by )vent of >erty of eceived :en. and » capital il of the propor- issment, applied fund of by the a of not twenty- six per ie semi- Parish Stock of ay Com- J, and to impose a ■e for a meeting 3il Coun- ;h of St. med by Douncil, Market lonth of ity-two, 65 P. 11. T. Be Montign^, Esq.> Mayor, and the Councillors — Louis Gauthier^ Gnillaiitae Labrosse, Edouard Katel and Pierre Plouffe, constituting a quorum of the Council, under the Presidency of the Mayor, the other Councillors, Alelander Filion and Charles Maurice, having, after verification, received aiotice of the convening of this hieeting. -r It is ordained and enacted by by-law, as follows : I. The Mayor of said Municipality is authorized and required in the name of the parish of St. Jerome, to subscribe and take a thousand shares of stock, of ten dollars each, in the capital stock of the Montreal Northern Colonization Railway Company, the whole subject to the following conditions : (a) A station or depot of the said railway shall be placed or established, at the cost of the said Montreal Northern Colonization Eailway Company, at such point as shall be judged suitable by the said Company, witliin the limits of the Municipality of the village of St. Jerome, at a distance however which shall not be of more than about seven or eight arpents fro^n the parish chui;ch,,pf the parjsh 01 St. Jerome. , ;. ;,, , , a. . (b) The said Corporation will have the right of paying the said sha/es in cash or debentures, which shall be taken at par by the Company.. . {(•) In the event of the Corporatioii of th^ parish of St. Janvier not subscribing a sum of five thousand dollars in the capital stock of said Company, the said (Company shall not place, or shall not allow to be placed, a depot or station of said railway, within the oxtent of the parish of St Jfinvier. (d) The said shares shall be due and payable to the said Company whenever und as soon as the said road shall be in working order from the City of Montreal, to the locality chosen by the said company within the limits of St. Jerome, to be the terminus of said railway, and that the station shall be constructed with the buildings suitable to receive iVeight, that the said railway shall be built of iron in the same til nl m i m 66 m I'l' u of tii« Municipal Coun- of St. Jerome. ) cil «f the yiilkge of St. Jerome, in the county and distract of Terrebonne, convened by Louis Labelle, se<,retary-treawurer, and held in the village of St. Jerome, in the Market Hall, ordinary place of meeting of said council, on Wednesday, the twenty-fourth day of the month of July, one thousand eight hundred and seventy-two, and adjourned rroni that day to Thursday, the twenty-fifth day of the said month of July, at seven o'clock p.m., at which meeting were present : The Mayor, Godf. Laviolette, and the Councillors J. B. L. Villemure, Joseph Boisseau, William Oau- thier, Joseph Desfor^^es, J. B. Latour. and Jerome Longpr.,] I; ' ■ ■ ..!'! ' '•>;,:. 01..! BY-LAW OF THE COUNTY OF PONTIAO. Corporation of the County op Pontiao. BY-LAW NO. 8. BY-LAW to authorize the Corporation of tlia County of Pontiac in the Province of Quebec^ to take Stock in the Capital Stock of the Montreal Northern Colonization Railway Company to the extent of One Sundred and Fifty Thousand Bollan ; and to pay the same in Bonds or Debentures and to impose a yearly rate to pay Interest and provide for a Sinking Fund. Whereas in the opinion of the Municipal Council of the Corporation of the County of Pontiac, the inhabitants of the said County are sufficiently inter- ested in the Railway which the Montreal Northern Colonization Railway Company proposes to con- struct from Montreal westward in the direction of the terminus of the Canadian Pacific Railway at or near Lake Nippising, or in the direction of Georgian Bay, north of French River, or at Sault Ste. Marie, and the navigable waters of Lake Superior, or of any Railway built or to be built to the above mentioned points, or any of them, to warrant the said Corporation in taking stock in tho said Company to the extent of One Hundred and Fifty Thousand Dollars, provided such line of railway runs to Deep River or as far westward in that direction as can be found practi- cable by the said Company. And Whereas all the requirements of the several statutes in such case made and provided and of the Municipal Code of the Province of Quebec have been complied with before the passing hereof. (li: n hi' ■■4 Now Therefoke, the said Mimioi|ml Council ot' the said Corporation at a quarterly meeting thereoi", regularly held at the Town Hall in the Village of Bryson, in the said County, on this twelfth dajr of March, in the year of our Lord One Thousand Eight Hundred and Seventy-Three in the manner and after the observance of all the formalities prescribed by the statutes in such case made and provided : — At which said meeting the following members are present, to wit: — The Warden, Walton Smith, Esq., Mayor of the Municipality of Onslow; Walter Russell, Mayor of the Municipality of Bristol ; John Dale, Mayor of the Municipality of Clarendon ; James McG. Roney, Mayor of the Municipality of Portage-du Fort; Walter Rimer, Mayor of the Municipality of Bryson: Thomas McVee, Mayor of the Municipality of Litchfield ; Simon McNally, Mayor of the Munici- pality of Ca}umet Island ; Terence Smith, Mayor of the Municipality of Allumette Island ; John T. Coghlan, Mayor of the Municipality of Waltham ; W. J. Poupore, Mayor of the Municipality of Chichester ; Wm, Hayes, Jr., Mayor of the Munici- pality of Sheen ; Q^eo. Palmer, Mayor of the Munici- pality of Leslie; Alex. Proudfoot, Mayor of the Municipality of Mansfield : — And forming a Quorum thereof, the said Council, under the Presidency of the said Warden, have ordained and enacted, subject to the consent of the Electors of the said County duly qualified by law to vote in approval or disapproval of said By-law first had and obtained, in the manner provided for in and by the Municipal Code of the Province of Quebec, and of the statutes in such case made and provided, and do hereby ordain and enact as follows : — .11 Section 1. T[|),on the terms and conditions heroin- after stipulated, and provided for, the Warden of the said CoUiity gliall be' and he is hereby authorized and required for and on behalf and in the name of the said Corporation to subscribe for and take fifteen thousand shares of stock in the said Montreal Northern Colonization Railway Company, and the said terms and conditions are as follows : Section 2. The amount of the said subscriptiou shall be payable in debentures of the said Corporation which debentures shall be for an amount of one hundred dollars each, and shall be payable in twenty-iive years fVom the date of their issue respectively, bearing interest at six per cent per annum, said interest payable half-yearly on the first days of January and July in each year, at the Merchants Bank of Canada, at Ottawa, and such debentures shall rank equally upon the taxable real estate in the said county, notwithstanding they may bear different dates ; and such debentures shAll be accepted by the Company at par in payment of the said subscription. ■ , ... ,'..' ,■'■; Section 3. For the purpose of securing due application of the said subscription to the construction of the said Railway in the manner most favorable to the interests of the said county, a. The Company will be bound within one year from the passing of this By-Law to ascertain after exploration what length of road the Company shall find practicable to build in the said county of Pontiac, and such extent of the said road to be built in the said county having been so decided upon and notifi- cation of the same given by the Company to the Warden of the said county ,the amount of this present By-law divided by the number of miles of such length of railway decided to be built shall be payable to the said Company in the manner hereinafter mentioned as the work of the said railway pro- gresses ; the intention of this by-law being that the amount of its said subscription shall be payable in equal proportion for and by every mile of road to be built in said county ; such payment however not to exceed fifty per cent of the value of work done and materials furnished on the line, and not to exceed three thousand dollars on any one mile thereof. b. Such payments on account shall be made monthly, as the work progresses upon the certificate of the Company's Engineer, which may be verified, if required by the corporation, by an Engineer to be '4 I « I « ti 'li ♦"x IMAGE EVALUATION TEST TARGET (MT-3) A ^M 1.0 ■so "^ ■ 2? I.I ^ 1.25 1 1.4 1.6 < 6" ». OJ ^v'l^^ /I V Photographic Sciences CorporaBon 33 WIST MAIN STREET WEBSTER, N.Y. 14580 (716)872-4503 I;, i I, u selected by the Municipal Ooimcil of the said connty. c. The remainder of such sabscription if any shall be payable nxx>n the completion of the said Railway in numing order with rolling stock and appurtenan- ces sufficient for the effective working thereof, said line to be commenced on or before the first day of July, Eighteen Hundred and Seyenty-four, and to be m running order* on or before the first day of December, in the year Eighteen Hundred and Seventy-six. Section 4. In the construction of the said railway, the bridges over the several rivers along its route shall be built with substantial stone piers. The rails if of iron shall not be less than sixty pounds weight per lineal yard, and if of steel not less than forty-ei^t pounds per lineal yard, and the railway generaUy and its appurtenances shall be equal in quality, material and construction to the St. Law- rence and Ottawa Railway. Section 6. For the purpose of paying the interest on the said debentures, and for the purpose of esta- blishing a sinking fund of two per centum per annum upon the amount of such subscription over and above the interest thereon, a special rate or assessment is hereby imposed upon the taxable real estate in the said county of Fontiac as follows : — The said rate or assessment shall be, for every one hundred dollars of the assessed value of said real estate, forty one cents in the hurdred doUars for the current financial year in which shall be conunenced the work of the con- struction of the said railway within the said county of Fontiac, and eighty-two cents in every one hundred dollars for the following and every subsequent financier year until the said debentures are paid in fuU. ,..t ,v,.,', .^.^ -^iivjuj^m- -'-f Section 6. The said special rate or assessment shall be due and payable the same as all other rates, taxes and assessments which the said Corporation is authorized to impose, provided always that in the event of an increase in the value of rateable real ?J,y ■"^^" le said ij shall Railway ^rtenan- )of, said day of and to day of fed and ts route 8. The pounds 3SS than railway qnal in t. Law- interest of esta- annum i above mcnt is ) in the rate or >llars of e cents al year iie con- county •y one every intures isment ' rates, tion is in the e real n Estate of the said county or of a dividend bein^ received from the said railway company upon the stock so to be subscribed for; the said corporation of the said county may gradually reduce the said special rate or assessment, and in the latter case such dividends shall be applied to the payment of the interest on the said debentures and to the sinking fund aforesaid. \wn ■ >:'--n ^ j'^;!;!://! :•!.:.,? 'Ni:: '.rt 1 , . ' . t > ■,.s'< rou r). •■i:i. ) !■■|^ ■Jj ;■■;! 'I U:A- ,■;•:, -k;. 1 .1 lh\ ••S'VVit.l'l -s^ |i[iip,^jiiifu;ii'^,tny* V: ■{;.l:...l ' ;.<'.• ^ .' •: :" ••. ..■i / ;1 I ! I! I 11 1 BY-LAW OF THE PARISH OF ST. JERUSALEM D'ARGENTEUIL, (LAOHUTE.) BY-LAW No. 6. By-Law to autJiorize the Corporation of the Parish of St. Jerusalem d^Argenteuil^ in the County of Argenteuil^ in the District of Terrebonne^ to aid in the construction of the Montreal Northern Colonization Railway to the extent of Iwenty-five Thousand Dollars Currency., by granting the said sum to the ^^ Montreal Northern Colonization Railway Company " as a bonus ^ and to pay the same in Bonds or Debentures, and to impose a yearly rate to pay the interest thereon, and to provide for a Sinking Fund. WHEREAS it is the opinion of the Municipal Council of the Corporation of the Parish of St. Jerusalem d'Argenteuil, in the County of Argenteuil, in the District of Terrebonne, in the Province of Quebec, that the inhabitants of the Municipality of the said Parish of St. Jerusalem d'Argenteuil, are sufficiently interested in the Railway which the Montreal Northern Colonization Railway Company are authorized to construct, to warrant the said Municipal Council in granting assistance in the Con- struction of the said Railway by giving the sum of Twenty-five Thousand Dollars Currency as a Bonus to the said Railway Company and to pay the same in Bonds or Debentures and two per cent over and above such interest as a Sinking Fund. The said Council of the said Corporation of the Parish of St Jerusalem d'Argenteuil, at a general monthly session thereof, held in the Council Room, in the Court House in Lachute, in the said Parish of 11 SALEM sh of St. rgenteuil^ istruction my to the rency, hy Northern «, and to impose a provide anicipal 1 of St. ^enteuil, ince of Dality of !uil, are ich the oinpany tie said he Con- sum of I. Bonus le same '"er and of the general Eoom, arish of St. Jerusalem d'Argentenil, on Monday, the third day of the month of February, eighteen hundred and seventy-three, in conformity with tt^e proTisions of the Municipal Code of the Province of Quebec, at which session were present : — The Mayor, Thomas Barron, Esquire, and the following Councillors : William McOuat, Andrew "Walker, Patrick S. Dunbar, and James Fish, forming a quorum of the Council, under the presidency of the Mayor, 'doth ordain and enact, and it is hereby ordained and enacted by By- Law of the said Corporation, subject to thQ consent of the Electors of the said Municipality, duly qua- lified to vote in approval or disapproval of. said By- Law, as follows : — ■r-s. 1 ' ;'■> /(T'v .;i I. Upon the terms and conditfons hereinafter pro- ' vided for and stipulated, the Corporation of the said Parish of St. Jerusalem d'Argenteuil, shall and doth hereby promise and oblige itself to aid in the con- struction of the said Montreal Nortl^ern Colonization Railway by giving and gTa,nting the sum of Twenty- five Thousand Dollars Currency, as e. Bonus to the said Kailway Company, and the said terms and con- ditions are as follows : .'V . . '1^ ft- [fl] The said sum or bonus of Twenty-five Thousand Dollars Currency, shall become due and payable to the said Railway Company whenever and as soon as the said Railway shall have been consti'ucted and completed through the said Municipality of the Parish of St. Jerusalem d'Argenteuil, and in running order and carrying freight and passengers from the station thereof in the said Parish of St. Jerusalem d'Argenteuil to the City of Montreal, provided always that the main or trunk line of the said Railway be so located as to pass within half a mile from the Court House in the Village known as the Village of Lachute, in the said Parish of St. Jerusalem d'Argenteuil, and a depot or station of the said Railway to be built as hereinafter mentioned. [h\ A depot or station of the said Railway shall be built and established by the said Railway Company on the south or village side of the North River in the I. f Mil 78 fiaid Parish of St. Jerusalem d'Argentenil, and 'within half a mile from the Oonrt House in the said Village of Lachute, in the said Parish. [c] The said Corporation of the said Parish of St. Jer osalem d' Argenteuil shall have the right of paying the said sum or Bonus of Twenty-five Thousand Dollars Currency in Bonds or Debentures, which shall be taken atj)ar by the said Railway Company, and the Mayor of the said Municipal Corporation shall be and he is hereby authorized and required to si^ and execute in the name of the Council of tile said Cor;>oration, the said Bonds or Debentures, and to issue and deliver the same to the said Railway Company, on the fulfilment hj the said Railway Company of all the above mentioned terms and con- ditions, but not otherwise. [€£\ In the event of the Corporation of the County of Argenteuil subscribing or taking Stock in the Capital Stock of the said Railway Company, or of granting a Bonus to the said Railway Company, then uie grant or bonus of the said Municipal Corporation, made by this By-Law, will be reduced proportion- ately, and in such case the present grant or bonus will be valid or binding only above the proportion this Corporation' may be called to pay in virtue of such County By-Law. IL The Bonds or Debentures to be issued by the said Municipal Corporation of the Parish of St. Jeru- salem d'Argenteuil, shall be for an amount of One Hundred Dollars each, payable in twenty-five years, and bearing interest at six per centum per annum, said interest payable semi-annually, at the Merchants' Bank of Canada in Montreal. III. For the purpose of paying the interest upon the said Bonds or Debentures, and for the purpose of establishing a Sinking Fund of two per centum per annum upon the amount of the said G-rant or Bon as of Twenty-five thousand dollars currency, over and above the mterest thereon, a special rate or assessment is hereby imposed upon all taxable real property in and 17^11111x1 aid Village arlsh of St. it of paying Thousand lies, wMch J Company, Corporation reqniredto ancu of the Bntnres, and aid Railway lid Kailway ms and con- f the County Stock in the npany, or of >mpany, then Corporation, 1 proportion- ant or bonus le proportion in virtue of the said Municipality of the said Parish of St. Jeru- salem d'Argenteuil, as follows : — The said rate or assessment, shall for every one hundred dollars of the assessed value of the said taxable property, be of Ninety-two cents for the year in which the foregoing conditions of the present By-Law shall have been fulfilled, and for each and every subsequent year until the full payment of said Bonds or Debentures, provided that the total amount of the Valuation Roll then in force in the said Muni- cipality shall not be greater than that of the Valuation Roll in force at the time of the passing of the present By-Law, and in case of increase in the total amount of such Valuation Roll, the above rate or assessment shall be reduced proportionately. The said special rate or assessment shall be due and payable ^e same as all other taxes and assess- ments which the said Municipal Council is authorized to impose. /,,...; J- I I issued by the sh of St. Jeru- tnount of One aty-five years, n per annum, he Merchants' -.-t b '\ m ;erest Upon the h,e purpose of er centum per l-rant or Bon as jncy, over and ) or assessment lal property in ; '"<' ^ ' ' I. .7' • ' r -f.' ■•'■^^n.v- 1 ; '•; 'n - • • 1 V,! ■; C O iv5>/:M'U !i ■■ % ( i. M , 'J .. .' ;,..'• , :^'<; ' n . - .' THIRD AMENDMENT TO THE CHARTER. 86 VICTORIA, CAP. LXXXII. An Act to empower tJie Montreal Northern Colonization Railway Company to extend its line from Deep River to a point of intersection with theproposed CanacUan J^acific , Railway ; and also to eztenaits line to Sault Ste. Marie, the Georgian Bay and Lake Superior, or to unite its line with any line of Railway extending to the points above mentioned. .- ^< " ^'-^ n" ■: ;■:,•.;"-■•;:■;.■ .v -irir'ii ■ [Anented to 23rd Mar. 1878] Whereas the Montreal Northern Colonization * Railway Company have by their petition represented, that it is desirable that they should be permitted and authorized to continue their line of Railway to the terminus of the Canadian Pacific Railway, and also to be authorized to extend their line of railway to Sault Ste. Marie, the Georgian Bay and the navigable waters of Lake Superior, and to unite or amalgamate with any line of railway going to the aforesaid places, and have prayed that an Act be passed amending their Act of Incorporation in these respects ; and whereas it is expedient that the prayer of the said petition be granted : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : 1. The Montreal Northern Colonization Railway is hereby declared to be a work for the general advan- tage of Canada. 2. The Montreal Northern Colonization Railway Company may continue its line from any point on the North Shore of the Ottawa River, in the County of Fontiac, across the said Ottawa River, and for that 81 purpose constrnct a Bailway Bridge over the waters of the said Ottawa River, and thereafter to the eastern terminus of the Canadian Pacific Railway, or to a point on the line of the said Canadian Pacific Railway within sixty miles of its terminus, or to any line of railway to be built and connecting with the said Canadian Pacific Railway, and by which the Mon- treal Northern Colonization Railway Company might obtain access to the Canadian Pacific Railway. 3. The said Company is also authorized and em- powered to continue its line of Railway to Sault Ste. Marie, the Georgian Bay, north of French River, and to the navigable waters of Lake Superior, and to unite or amalgamate with any line of railway to be built and running to the aforesaid points, and also to construct and operate a telegraph line along the whole of l^s line of Railway. 4. The Montreal Northern Colonization Railway Company is hereby authorized to build a bridge across the branch of the Ottawa River known as the Rivi^re-des-Prairies, at any point between the head of the rapids known as the Rapides du Gros Sault or du Moulin du Crochet, and the bridge known as the Lachapelle Bridge at L'abord-^Plouffe, the spans of the said bridge to be similar to those that the said Company has been heretofore authorized to build; but the spans over the main channel shall not be less than two hundred feet. The Company shall erect suitable guide-booms and piers above such bridge, if required by the Governor in Council, and plans of the said bridge, guide-booms, piers and the location thereof shall be submitted for the approval of the Governor in Council. 5. The continuations of the said railway, and the bridges in the line thereof, and other works autho- rized by this Act, are and shall be held and deemed to be railways or a railv ^y to be constructed under the authority of a special Act passed by the Parlia- ment of Canada ; and the Montreal Northern Colo- nization Railway Company shall be held and deemed to be a Company incorporated for the construction ^i 82 « t and working of such railways or railway, according^ to the true intent and meaning of " The Railway Ant, 1868." ;l"'ll I !i i\\in :■ IS. From and after the passing of this Act, parts First and second of the Railway Act, 1868, shall apply to the whole line and extended line of the Montreal Northern Colonization Railway from Mile-End to Deep River, and to all the branches, continuations and extensions thereof, and to the Montreal Northern Colonization Railway Company as incorporated for the construction and working thereof, as fully and effectually to all intents and purposes as the same apply to the railways or railway authorized by this Act or to any other railway constructed or to be constructed under the authority of any act passed by the Parliament of Canada, and to any Company in- corporated by any such Act, for the construction and working of any such railway ; and no part or por- tion of the Quebec Railway Act, 1869, shall apply to the said railway or any part thereof or to the said Company. • ' -■tr t. From and after the passing of this act the act passed by the Legislature of the Province of Quebec in the thirty-second year of Her Majesty's reign, intituled, " An Act to incorporate the Montreal Northern Colonization Railway Company," and the act passed by the same Legislature in the thirty- fourth year of Her Majesty's reign, intituled " An Act to grant additional powers to the Montreal Northern Colonization Railway Company and for other purposes", shall be read and construed and have effect as if the words " Governor General in Council" were substituted for the words " Lieutenant- Governor in Council;" the words "Secretary of State of Canada" for the words •' Provincial Secre- tary ;" the words " Minister of Public Works" for the words " Commissioner of Public Works of Quebec ;" the words " Canada Gazette" for tJie words " Official Gazette" or "Quebec Official Gazette;" the words and figures " The Railway Act, 1868," for the words and figures " The Quebec Railway Act, 1869," and •^4«l|^^i'^ !Cording Railway ct, parts 11 apply ilontreal End to nuations 'STorthern rated for ally and le same d by this or to be massed by ipany in- Lction and rt or por- apply to the said 88 the words and figures "The Oanada Joint Stock Companies Glanses Act, 1869 " for words describing the Act of the Legislature of the Province of Quebec 81 Yictoria, chapter 24 " The Joint Stock Companies general clauses Act," whenever the same respectively occur in either of the said acts. And the said acts, so read and construed and taking effect, shall bo held and deemed to be special acts according to the intent and meaning of the Bailway Act, 1868, and part first of the said last mentioned act shall, so far as applicable to the undertaking, and except as expressly varied or excepted by the said special acts, or either of them, be incorporated with the said special acts, form part thereof, and be construed therewith as forming one act, and no part of the Quebec Railway Act, 1869, shall be incorporated with the said special acts, or either of them, or form part thereof, or be construed therewith as fonning one act. » !«' ict the act of Quebec y's reign, Montreal ," and the :he thirty- aled "An Montreal Y and for ;rued and 3-eneral in ieutenant- 3retary of lial Secre- £s" for the Quebec ;" 3 " Official ^e words the words 1869," and *M nil COMidODt. DEPOT AND WORKSHOPS AT HOOHELAaA. 84 VICTORIA CAP. XXXVII. An Act to amend the Acts relating to the Corporation of the City of Montreal, and for other purposes. lAwenUd to 24Ui Daoember, 1870.] Limiucf ih« 7. If any railway shall have its terminus or work- te nmluS Tl shops in the eastern section of the said City, and Sl^irt ta^nruu^ sl^tdl connect the same with the harbour by a line '—^'"— running into the Municipality of Hochelaga, or shall have its terminus and workshops within the said Municipality, the limit of the said City may in that case be extended by the Corporation of Montreal to a line to be drawn at a distance of ten arpents to the eastward of the point where such line joins the har- bour or where such workshops may be constructed and running from the River St. Lawrencx^ parallel with the present line until it strikes a prolongation of the northen boundary line of the City; but, before any portion of the Municipality of Hochelaga is included within the limits of the said City of Montreal, the rate-payers of that portion must declare by a vote of the majority that they desire to be included within said limits, but this shall only take place after the By-law, to be made by the City- Council of Montreal, authorizing any subscription in favor of the said railway, shall have been voted upon, and finally disposed of. iLAGA. rporation es. iber, 1870.] or work- ity, and y a line or shall the said T in that itreal to ts to the the har- structed parallel mgation ty; but, tchelaga City of n. must f desire all only ihe City cription n voted JUDICIAL DECISIONS CONCEBNING THE BY-LAW OF THE CITY OP MONTREAL. The first judgment which it is interesting to mention here is that of His Honor Judge Baudry, rendered on the 27th April 1872, on a Petition praying that the officers of the Corporation of the city of Montreal, be ordered not to submit ihe By>law to the electors of the city, but to suspend all proceed- ings thereon until the final judgment of the Court. The judgment was pronounced in french; we give here a translation of it : " After taking cognizance of the above Petition, and of the deposition of the said Petitioner accom- panying the said petition which prays for a pro- visional injunction on Defendants and all their officials and namely on the City clerk and all deputy-retuming-officers and poll-clerks, to sus- pend all proceedings connected with the voting by the electors on the By-law passed by the Council of the aforesaid Corporation under No. 69, in order" to authorize the Mayor to subscribe and take shares in Hie Northern Colonization Railway, we, judge of the Superior Court for Lower-Canada, Considering that tiie said Petitioner declares that the object of the action brought by him is to prevent the By-law of the Corporation mentioned therein being submitted to the electors or that a poll be asked and granted, on information received by him that said By-law is illegal; Considering that me law recognizes only in the Attorney-General of Her Majesty for Lower- C«knada, the right of proceeding against a Muni- cipal Corporation which violates its charter or li "t* I 86 usurps powers not belonging to it; Considering that private individuals may not, of their own accord, arret>+ the proceedings of municipalities, nor prevent the discuseion or voting by such munici- palities, or the members thereof, on measures sub- mittec* to them for the general interest, and that thoir sole recourse can take place only when an attempt is made to execute to their detriment, the illegal procedures of such municipalities; Consi- dering that the said Petitioner by no means shows that it is urgent to arrest the proceedings of the Defendants to obtain the ratification of the electors necessary to give efiect to the By-law adopted by the said Defendants and of which the said Peti- tioner complains ; Considering that it will be only the result of this voting, if it confirms the By-law submitted, which will be a thwarting of right (trouhle de droit), and which can encroach on the rights claimed by the said Petitioner, rights which are besides protected by his action ; Do reject the said petition in as inuch as it demands a suspension of the said voting." 1 The eleventh of May, 1872, His Honor, Judge Torrance, rendered the following judgment on a petition praying for an order of the Court ordering 1 The original toxt of the judgment reads as foiiows : " Aprds iiToir prig oommunication de la RequAte ci-de«8U8, ct pted by- id Peti- be only- By-law rf right i on the a which tject the ^pension ', Judge tit on a ordering la deposit,; - re enjoinu .. st au ttnffier ispendre tons le Oonseil de i soUMrira et Oolonisatioii iBiderant qua d'emptoher tieotanre oa ina la dUH<- urenr-6iu8 rrpressive quo preventive; si nous avons tou- " jours lo droit de demander r<^paration pour le dom- " mage accompli, nous n'avons que fort rarement "celui d'exiger des garanties centre le dommage " imminent. On a craint sans doute qu'une telle " faculty ne ddg«?n(irat en tracasseries vexatoires. " There are, however, some cases in wMch a judge, in a case of urgency, is justified in giving what is called a provisional order. From the numerous au- thorities cited by the Respondent in appeal, in the case of Stephens vs. The Mayor, ei al, I cite the following : " 1 Pigeau, 287. — " Les provisoires sont ceux par " lesquels les juges, voyant que la contestation pourra " etre longtemps h se decider, et que sa dur<^e pour- " rait produire des inconvdnients, y obvienten ordon- "nant ce qu'exigeut d'eux les circonstances parti- ** culi^res, statuent ce qu'ils estiment convenable, en '* observant toutefois de n'accorder le proviaoire que " lorsqu'il y a danger de ne pas faire autrement. " Again, Id, p. 110 — " Le juge doit bien peser les *' circonstrnces, examiner les raisons des parties, " sou rent leur solvability, et toujours les suites de la *' decision qu'on lui demande. " We see here that the judge is bound to exercise a discretion, and a wise and prudent discretion, in giving an order in cases where danger may arise from failure to give such order. " The case of Stephens vs. The Mayor, et al, S. C. No. — ^has been cited in support of the present appli- cation. There Mr. Justice Mondelet gave an order pending an action to set aside an assessment, by which order a levy of the assessment on the Plain- 80 ret with some of rence in Bonjoan, m moms ation est 'ons tou- le dom- arement ommage ne telle res. a judge, what is rons au- 1, in the cite the !eux par 1 pourra Se pour- 1 ordon- m parti- able, en >ire que 3nt. •eser les parties, es de la sxercise tion, in ly arise al, S. C. t appli- 1 order ent, by 3 Plain- tijBTs goods was prohibited, pending the action. The order complained of what was brought in appeal and there confirmed. It is to be observed the effect of that order was simply to suspend the operation of the assessment as regards the petitioner, but not as regards the citizens generally. ♦*Is this such a case as would justify the suspension of a by-law which is to affect, not only the Plaintiff, but'also a multitude of other persons, and, in fact, a whole community ? The grievance of the Plaintiff at the present time is, that a by-law is about to pass by which his moveables will be liable to seizure, and his immoveables will be hypotheceted, for this year, to the amount of 1-2000, or $120 on $240,000 ; in 1873, of $300 ; and in subsequent years of $432. *' Be it remembered that the order of the Judge must be based upon a wise and prudent discretion. On a careful consideration of the circumstances 1 have no hesitation in coming to the conclusion that I would not be justified in giving an order, the effect of which would be to paralize for an indefinite period the movements of an entire community. When an attempt is made to enforce the by-law as regards the Plaintiff's individualitv, the precedents in Stephens' case may apply to the extent of protect- ing him from annoyance, pending the suit. To go further than this might be in some cases, and probably in this instance, to sacrifice the interests of many who regard the matter from a different jK/int of view, to the will and determination of a single individual. Not a Bingle precedent applica|>le to tiie precise case under consideration has been cited, and I do not think that a judge, as an administrator of our laws, should give a provisional order in such a case. The petition is therefore rejected." On the 30th of June 1873, His Honor Judge Johnson rendered the last judgment recorded up to this date on this matter and dismissed th 3 action of Molson vp. The Corporation of Montreal, by which ibe legality of the City By-law had been attacked and 90 tried. His Honor made the following remarks when pronouncing the judgment : — " This case seems to be invested with whatever importance may attach to the subject of whaL is popu- larly called " the million by-law ;" but the questions before me are certainly not complicated, and can hard- ly be considered doubtful. This by-law is alleged in the declaration to have been passed by the Council on the 3rd of April, 1872, and one of its provisions, among a great number of others not necessary to refer to now, was that, subject to the consent of the qualified electors of the City of Montreal first had and obtained, in the manner provided by law, the Mayor should be authorized to subscribe for one hundred thousand sfiares of stock in the Montreal Northern Colonization Kailway Company, upon the terms, and conditions subsequently detailed at great length in the by-law in question, and another provision was that a special rate or assessment was to be imposed upon all rateable real property in the city for the purposes contemplated by tiie by-law. The declara- tion further avers that this by-law was published for the first time on the 5th of April, 1872, and was to be submitted to the vote of the rate-payers on the 27th, and concludes with the prayer that the Corporation and its officers may be ordered to abstain from taking further proceedings until final judgment in this cause, and that the by-law be annulled as illegal, upon the grounds (amongst others) that the Council cannot by law authorize the subscription of, nor borrow, nor issue debentures for $1,000,000, nor make an assessment for the same, and had no power to take shares ; and^ in fact, exceeded their powers in all the principal enactments and provisions of this by-law. The defendants plead, Ist, a demurrer to the declaration — denying, in their reasons in support of this plea, that any right of action accrues to any private person for the causes set forth in the present demand ; such right of action belonging under spe- cial provisions of law, to Her Majesty's Attorney- General onljr — and not to any individual member of the community, except in the case of actual trespass 91 ks when whatever is popti- uestions an hard- leged in Council Dvisions, ssary to it of the had and le Mayor fiundred Northern 'ms, and ingth in ion was imposed for the declara- ished for TsuB to be ^e 27th, poration n taKing in this i illegal, Council of, nor )00, nor o power powers LS of this arrer to support s to any present der spe- ttorney- mber of treepass against his person or property, a thing not even alleged to have occurred in the present instance, the action having been taken on the 25th of April, and the vote being appointed for the 27th, so that it could not be effectual lor any purpose at the time the action was instituted, and might, [for all that could be then known to the contrary) be negatived by the popular vote. By a second plea the defendants set up specially, that at the time of the action the plaintiff had no interest whatever in bringing it, the by-law not having at that time the force of law, which it could only acquire after the vote of approval. Issue is joined upon both these pleas, and in both the same question is presented, as far as the existence of the right of action at that time is concerned ; the point as to the existence of a right of action in a private individual being raised only by the demurrer to the Declaration. I am of opinion that the demurrer to the declaration should be maintained ; and that the Plaintiff's demurrer to the exception, which raises by itself the other point involved in the demurrer to the action, should be dismissed, and therefore that judg- ment must go for the Defendant upon both issues. On the first point, articles 997 and 1006 of the Code of Procedure are plain in their provisions : the 1st, that where any corporation or public body exercises anp power that does not belong to it, the action is vested in Her Majesty's Attorney-G-eneral in every case of public general interest. The other article is clear in restricting the rights of individuals to the cases there mentioned ; and subsequent articles, down to 1021 define the mode of proceeding. This is clearly a case of public general interest where the proceeding should have been taken in the discretion of the Attorney-G^eneral ; and not one of the cases where a private individual had a right of action ; the ground of action being alleged to be excess of power, and want of power on the part of the Corporation to do what it did. On the second point, raised by the demurrer to the exception, it is to be observed that the by-law was, as far as the Council alone could deal with it, before the approval of the electors, passed on 92 the 3rd April. The declaration avers that the 27th was fixed for the vote ; and before it could be ascer- tained whether it would ever have effect as law or not, viz., on the 22nd of April, the action is brought. The cases of McDougall and of Stephens, refei-red to in argument, are not only clearly distinguishable from the present, but cannot possibly be confounded with it in point of principle. McDougall's case decided that there was no wrong without a remedy. Here there is no wrong at all, and nothing to be remedied at present. There is only a complaint of a prospect of wrong which may be remedied when it arises. You must stop somewhere. Gould this action be brought while the By-law was being debated ? If not, the same reason applies why it should not be brought before the vote, viz : that it must have the form of law before it can be ques- tioned. The plaintiff cannot say that he is deprived of the same protection as McDougall or Stephens, when he does not ask the same protection, nor wait to be in a position to ask it. Demurrer to declaration maintained for reasons therein stated. Demurrer to exceptions dismissed, and action of plaintiff dismissed . with costs." THE CONTRACT WITH MESSRS. MAC- DONALD & COt On this twenty-fourth day of the month of July, in the year of onr Lord, one thousand eight hundred and seventy-three; i Before Mtre. Louis Napoleon Dumouchel, the un- dersigned Public Notary duly commissioned and sworn, practising and residing in the City and Dis- trict of Montreed, in the Province of Quebec, in the Dominion of Canada ; CAME AND appeared: "The Montreal Northern Colonization Railway Company," a body politic and corporate, duly in- corporated by an Act of the Legislature of the Pro- vince of Quebec aforesaid, passed in the thirty-second year of Her Majesty's Reign, chapter Iv, entitled " An Act to incorporate * The Montreal Northern Colonization Railway Company,' " and subsequently amended by an Act of the same Legislature passed in the thirty-fourth year of her Majesty's Reign, chapter zziii; which said Railway Company has moreover obtained in its favor certain Legislative enactments important to be referred hereto, both in the Local Legislature of the said Province of Quebec and in the Parliament of the Dominion of Canada to wit: specially by the Quebec Acts, 32 Victoria, chap- ter lii ; 33 Victoria, chapter xxxv ; 34 Victoria, chap- ter xxi ; 35 Victoria, chapter xxii ; 36 Victoria, chap- ter xlii, and by Act 36 Victoria, chapter Ixxxii of the Parliament of Canada ; herein styled the Company for the purposes of these presents ; represented and acting by Sir Hugh Allan, of Bavenscraig, ILnight, -J wmm \\ 94 President of the said Oompany, and by Edonard Lefebvre de Bellefeuille, Esquire, Secretary- Treasurer of the same ; both duly, in that behalf, authorized by a resolution of the Board of Directors of the said Gompauy, passed and adopted at a regular meetinff of the said Board dxdy called and held in the City of Montreal, on the 22nd day of July instant (1873) ; a duly certified copy whereof has remained annexed to these presents, after having been signed ne varietur by the said parties and the undersigned Notary; Parties hereto of the first part. And Duncan Macdonald, of the City of Montreal, in the said Province of Quebec, Esquire, and Harry Abbots , of the town of Brockville. in the Province of Ontario, Esq., Contractors and co-partners, carrying on business as such under the name, style and firm of " Duncan Macdonald & Co.," the Contractors, Of the second part. Whereas, the said Company, by said Acts of in- corporation, and subject to me provisions in said Acts set forth, was authorized and empowered to con- struct and build a railway from the city of Montreal to the village of Aylmer, together with a branch line leaving the main line at some suitable point at or near mc village of Ste. Therese, in the county of Terrebonne, and proceeding thence to the village of St. Jerome, all in the Province of Quebec ; Now, therefore, these presents am^ the said notary witness that the parties hereto have covenanted, agreed and contracted, and they do hereby covenant, agree and contract to, and with each other, as follows, to wit : — The said Contractors, for the considerations here- inafter undertaken by the said Company, do hereby jointly and severally, as such co-partners, as afore- said, agree and bind themselves to pay the Company the expenses of survey .and locating of the line, and bruQichy together with all expenses of engineering 96 and superintendence, until the completion of the works, and to construct and complete in a substantial and workmanlike manner the said railway from the said city of Montreal to the Tillage of Aylmer, together with the branch line to St. Jerome, afore- said, with all bridges, piers, abutments, farm cross- ings, gates, drains, ctuyerts, cattle-guards, fences, depots, stations, engine-houses, walls, iron rails and fastenings, ties, ballasting, sidings, turn-tables, water-stations, right of way and ground for station purposes, rolling stock and locomotive engines, and to erect a single wire telegraph, with idl oSier works therewith connected and belonging *-\ or forming part of a railway and its equipment, and to deliver the same to the Company finished in perfect running order; and for that purpose the Contractors bind themselves to furnish and provide, at their own costs and charges, all workmen and all materials of every kind of the best quality, and all implements, tools, apparatus, the whole as may be requisite for the con- struction and completion of the said road and branch line, or which may be incidental thereto, or connected therewith, and to procure, purchase and pay for the right of way and land necessary for the construction of the said railway and branch, and for all stations, engine-houses and all other works, and all legal and other expenses and damages in obtaining such lands and to convey the said lands to the company, as here- inafter provided. The whole to be of the best materials and workmanship, equal to a first class railway, say, for instance : " The Great Western Railway of Canada;'' and in the performance of all and every one of the said works, the said Contractors bind themselves to conform to the provisions of law and municipal by-laws in aid of the road binding on the said company in relation to said works. It is understood, however, that the erection of the station buildings at Montreal is excepted, and will not be performed by the said Contractors. , The freight houses, engine houses, car sheds, wood sheds, water tanks, and repair and machine diops, &c., ^c,> Ssc-t required at other statiomi along i^o.Uno, 96 11 Ih will be erected by the Oontractore, according to the plans and specifications to be furnished by the Ohief Engineer, and mnst bo equal, in every respect, to those at present existing on the Great Western Rail- way of Canada. The whole of the said works to be commenced, carried on, and completed in accordance with the specifications hereto annexed, made by Charles Legge, the Chief Engineer of the said Company, and signed by the parties hereto, and the said Notary, ne varietur ^ which are hereby declared to form part of this con- tract; and all such works shall be so carried on, subject to superintendence and control, and in accordance with the instructions and directions of the Company's said engineer, and to be subject to his approval or rejection. The precise location of this line of railway and branch line shall be determined upon and definitely fixed by the said engineer ; its general d irection being as described in the accompanying specification, and in the general survey thereof made, and shall be adopted by the contractors. And it is further agreed that the precise course to be selected for the said line of railway and branch, which has been generally surveyed but not definitely fixed, and the line and location thereof shall be finally fixed by the said en- gineer under the directions of the Board of Directors. That in the event of the. Company acquiring and using all or any portion of the Carillon and G-renville Railway, a deduction from the mileage rate, payable by the Company to the Contractors under the contract will be made in proportion to the value of the work so acquired from the Carillon and Grenville Railway Company ; which value will be determined by the Chief Engineer of the Montreal Northern Coloniza- *tion Railway Company. That the bed of the road of the said railway and branch so to be made as aforesaid, shall, wherever, and so far as practicable and consistent with the proper and convenient construction of the railway, be higher than the surface of the land adjoining the 97 nilway, so m to facilitate, fhe removal of the snow from the railway. The ffrade lines will in all cases be determined by the said Enginn^.r in order to comply with the above requirement. That the Company will, at all timt's, during the progress of the works, when required by the Con- tractors to do so, put in force all the powers, autho* rities and privileges belonging to them for the benefit and advantage of the Contractors, and so as to assist and enable the contractors to construct the said railway and branch, and will further, during the continuance ol iho. said contract, kcopup the organi- zation of the OompuLy as rcqiured by law; the Contractors agreeiig to pay the sum of twelve thousand dollars, ($12,000) currency of Canada, per annum, and payable quarterly in advance from the first of July, one thousand eight hundred and seventy-three, during the isaid continuance of con- tract in full for all expenses for the purpose of keeping up the organization of said Company, for which the Company will hand over bonds of company at seventy-nve or twenty-five per cent discount. That the said Contractors will pay the interest oil the bonds of the Company, pending the construction of the railway and branch, the Company agreeing to supply the said contractors with the necessary amount of bonds to make up this interest at the same rate as mentioned in the tender, to wit : at seventy- five per cent, or twenty-five per cent discount. That the said Contractors will cash an additional number of Company's bonds out of the first issue thereof, for the station houses, freight sheds, wood sheds, water tanks, engine and car sheds, engine and repair shops at Montreal, the land required therefor, preliminary expenses, &c. &c., and for any exigen- cies or contingencies not contemplated by the contract, for which the Company will pay over to the contractors a similar amount of company's bonds at twenty-five per cent discount, provided always that the total issue of such bonds does not exceed the amount hereafter named. ,7^ ^^ That the Haid Contractors will pay over to the Company the amount required for survey and locat- ing the railway and branch, and for engineering services and superintendence. That if any portion of the line shall be completed NO as to be ready for traffic before the completion of the whole railway, it shall be at the option of the Contractors to use such portions and to work the same at their owniiskandfor their own benefit. The said Contractors shall be bound to commence the work on or before the firidt day of September, one thousand eight hundred and seventy-three, and to finish and complete the entire line and branch with all the necessary adjuncts of rolling stock and appur- tenances whatsoever, in perfect running order for working trafiic over the same, on or before the first day of October, one thousand eight hundred and seventy-five (1875.) That, if at any time it should appear from the reports of the Chief Engineer, and to the satisfaction of the Company, that the Contractors are not prosecu- ting the work with sufficient force or diligence to secure its completion by the time above specified, the Company will have the right to annull and put an end to the contract, and to take possession of the works without any litigation or legal process, within forty-eight hours after having notified the contrac- tors by notarial protest served either at the office of the Contractors in Montreal or deposited in the post office at Montreal to the address of the said contractors. In consideration of the premises and obligations jfiereby undertaken by the said Contractors, the said Company herebj agprees and binds itself and promises to pay to the said contractors, their heirs, executors, administrators and assigns in manner hereinafter mentioned the sum of twenty-nine thousand seven hundred and fifty dollars (129,750) for each and every mile of the said main line and branch road, including sidings as specified ; but such sidingb shall not be included or charged for in the length of line . to be paid for, for the fVill completion thereof; the said Bum of twenty-nine thousand seven hundred and fifty dollars, currency of Oanada, per mile, beinff the price agreed on by the said Oontractors and said Company, and being based upon approximate sur- veys and calculations made for the said roads and branch, and which is assumed as the basis on which the present contract is entered into. And the said Oompany further promises to pay, as extra work for all work, of whatever nature, done under this contract, which sndl have been done by the contractors over and above the avorapfo work done on a first class railway (the Great Western Railway of Oanada, for mstanco), such increase or excess of work to be established by the Company's engineer, should any such extra work be ordered oy the Company. In the event of the Company deciding to use steel rails in place of iron rails for the permanent way, the Contractors will be allowed the difference in price between the iron and steel at the time of purchasing the same ; or in the event of the Company deciding to use iron bridges, or bridges partly iron and partly wood, as described in the specifications, then, the Contractors will build the same according to the Engineer's directions and be paid the extra cost as determined by the Engineer between bridges of this class and those of the Howe Truss princ\i)le, built in wood and described in the specification And in as much as the length of the road and branch line so to be constructed has been approxi- mately lascertained to be about one hundred and forty-two miles, more or less, which said distance, at the rate of twenty-nine thousand seven hundred and fifty dollars, per mUe, as aforesaid, would amount to the sum of four millions, two hundred and twenty-four thousand, five hundred dollars cur- rency of Canada, ($4,224,500), exclusive of said extra work, ycvp;.,,-. ._.., : .: -r^-;:. The Company hereby undertakes, promises and ■'/". 100 binds itself to pay said last mentionod snm to the said Contractors, as follows : Firstly. — ^In mnnicipal bonds of the city of Montreal and in government debentures, at par, or in cash, as received from the corpci'ation of the city of Montreal, the sum of not less than eight hundred thousand dollars ($800,000), together with the further sum of fifty thousand dollars ($50,000) when the Company shall be entitled to receive the same under iiie conditions of the Montreal city By-law. But if it should be necessary foi the Company to erpend the whole or any part of the said last mentioned sum in procuring the fulfilment of the conditions on which the same becomes payable, the Contractors shall have no claim to the amount which shall be so expended to the extent to which such expenditure is warranted by the terms of the said By-law. Secondly. — In other municipal bonds at eighty, or twenty per cent discount, the sum of two hundred and forty-nine thousand dollars ($249,000), and as much more as the Company may be able to obtain, in bonuses or subscription of stock from municipali- ties at the same rate. Tliirdly. — In Company's bonds, at seventy-five per cent, or twenty-five per cent discount, for the balance required to complete the line, together with the amouat of all extrao which may be agreed on ; but the total sum to be adjusted according as the line constructed is longer or shorter than one hundred and forty-two (142) miles. But the entire amount of bonds to be issued by the Company, for any cause whatever, having concurrent right of ranking with the bonds herein provided for, shall not exceed five million dollars ($5,000,000), together with fifteen thousand dollars ($15,000) per mile, for each and every mile, which shall hereafter be constructed by the Company west of Aylmer, in extension of the present line. a The bonds of the Company shall bear seven per cent interest, but the said Company shall be entitiled to one-half of any net advance that may be realized 101 by the Contractors over and above tbe price at which they receive the said bonds from the Compaiiy. The payments to be made by the Company to the Contractors in mtmicipal or government bonds, or cash, as the work progresses, in accordance with the stipulations of the by-laws passed and to be passed by the City of Montreal and other municipalities, subject to the conditions therein provided, and in bonds of the Company as the work progresses, on the monthly estimates of the Engineer, based on a schedule of prices hereunto annexed and signed ne varietur by the said parties and the undersigned Notary ; from wUich a deduction of ten per cent wiU be reserved in the hands of the Company until the said reservation amounts to the sum uf one hundred thousand dollars ($100,000), to secure the completion of the contract till the road is completed ; and on the final completion and delivery of all the said works to the Company, to the satisfaction of the Engineer, the sum so retained, to wit, one hundred thousand dollars ($100,000), shall be paid to the contractors within ten days after the engineer's final estimate shall have been made and received by the Company, but in case of failure by the Contractors to comply with and complete this contract, the said percentage, as well as all other monies and sums that may be due them at the time of such failure, shall be forfeited to and retained by the Company. Provided always, that should the said Company neglect or refuse, either to ^rant, when legally re- quired so to do, or to pay any such estimates, the Contractors shall be at liberty to suspend such work until such payment be made, and all damages accruing from such suspension shall be borne by the Company ; the time for the completion of the work being further equally extended. It is also agreed that no more first mortgage bonds shall be issued by the Company on the construction of the first division of the Montreal Northern Coloni- zation Railway from Montreal to Alymer, with the branch line to St. Jerome* than those contemplated by this contract. 102 And tho parties hereto, do further hereby covenant and agree as follows, to wit : — Firstly, — That on the requisition of the Contractors, subject to the engineer's estimate, the said Company shall and will ''^use the bonds of the said Company to be prepared and issued and delivered to the Con- tractors ; such bonds to be applied solely to procure funds for the prosecution of the said works. Secondly, — That if any serious difficulties occur in the execution of the work, which at the time of the execution of the contract were not foreseen, and beyond the control of the said Contractors, then and in such case, such an extension of time shall be allowed as may be mutually agreed upon between the said Contractors and the said Company, provided such extension of time does not affect the stipulations of time mentioned in the several municipal by-laws passed in favor of the said Company, or in the Land Act, or in any of the acts hereinabove cited and referred to. Tldrdly, — All materials for the said work shall, before being used, be subjected to the inspection and approval of the C;.mpany's engineer; and if any materials disapprove I of shall not be removed by the Contractors, when directed by the engineer, then the said engineer may cause the same to be removed at the cost, charges and risks of the Contractors, nor Bhall the preliminary inspection and approval of materials by the engineer for the purpose of his monthly estimates preclude the rejection of any such materials, if the same should, in his opinion, be unsound or unfit, when used or about to be used in the work. Fourthly, — That if any engineer, overseer, mechanic or workman employed upon the said work shall be guilty of neglect, or improper conduct, or prove himself incompetent, the Contractors shall, upon the complaint and request of the engineer, dismiss such person from the works, and sh^U not employ him again tht»reon without the consent of the said 103 engineer ; and if, after euch complaint and request, the Contractors shall persist in employing apon the works any snch person or persons, the said Contrac- tors shall forfeit to the Company ten dollars ($10) currency, for fiach and every day after snch complaint and request, and the sum so forfeited shall be stated in some subsequent estimate and certificate of t^.e Company's engineer, and be charged against the Contractors as a payment on account. Fiftly^ — AH work, during its progress, shall be subject to the supervision and inspection of the Company's engineer and shall be made to conform in every respect to the specifications and plans agreed upon, as herein is provided, and all bad or imperfect work shall be immediately removed, and the same rendered good and substantial to the satis- faction of the said engineer. Sixthli/, — All measurements herein and in the annexed specifications mentioned or referred to are imderstood to mean english measure. Seventhly, — The lands for the said road shall, in no case« be of a less width than eighty feet, and of such a greater width as the nature and extent of the work may require, and shall be acquired, purchased and paid for by the Contractors as hereinbefore is provided, and shall, by the said Contractors, be conveyed o-ver to the said Company by good titles from the several proprietors thereof; which titles or authentic copies thereof shall be deposited in the Company's office, at least, three months prior to the completion of the said railway. In addition to the above general width for the railway proper, the Contractors shaU also acquirefor the use and services of the Company such extra width of land for deep cuts and embankments, also for borrowing pits and gravel pits, and station purposes, as the engiiieer may require and direct, the titles for which will be transferred to the Company in the manner above directed; the said Company hereby giving the Contractors full power and authority to act in all matters respecting the purchasing and. taking 104 possession of said lands as the lawful attorneys or agents (^f said Company and to enforce in the name of the said Company, but at the costs and charges of said Contractors, the powers conferred on the Com- pany in virtue of the acts or statutes hereinbefore referred to. Eighthly, — The Contractors shall be responsible for all damages or loss done or sustained in the course of the progress of the works, either to the works them- selves, or to the materials provided for the same, by change pf season, or by fire or flood, or by robbery, theft or otherwise, alx of which shall be at the risk of the Contractors, and the Contractors shall hold the Company harml<^ss and indemnified from all damages and trespasses caused by neglect or omission, of whatsoever nature done or committed by the Con- tractors or by any person in their employ or in the employ of any sub-contractor, to or upon any neigh- boring lands, orchards, gardens or other premises, in the course of tiie progress of the works, and the Com- pany shall he entitled to charge to the Contractors all amounts paid by the Company from or by reason of the said neglect, omission or act, and to deduct the same as payments on account of this contract. Ninthly, — All notices and instructions to the Con- Iractors by the Company, or their engineer, or other engineers under him, shall be deemed to be suffi- ciently served and given, if the 6ame be given to the Contractors, or either of them, personally, or be left at their principal office, or if the same be deposited in any post-office near the line of road, directed to the said Contractors at the city of Montreal, un^'er the present name of their firm, but the Contractors may change the directions, notices or instructions to be sent through the post-office, by notifying the Com- pany and their engineer respectively in writing of their desire for such change. , ;.. n?, . Tenthly, — The Contractors shall not, in any way, traffic in any description of spirituous or fermented litj^uorr upon or in the vicinity of said works, and the vending and dispensing the same by other persons sh m 106 shall be disootintenanced by the Contractors by every means in their power. v ,. . « ■ Eleventhly t — Nothing contained herein shall be con- sidered or construed as being comminatory, but shall be held to be absolute, without which these presents would not have been passed, nor as constituting or creating personal liability upon, or by the president and directors of the said Company, or either of them, towards said Contractors. Twelfthly^ — All matters in dispute between the parties hereto arising, or to arise out of, or connected with the contract, shall be left to arbitration and final award and decision of the Chief Engineer, as sole arbitrator ; and in all cases, including those in which the Chief Engineer is hereby declared to be the referee in case the said Chief Engineer do not act, or one or either party is dissatisfied with his decision, then one arbitrator shall be chosen by the Com- pany and Miother by the Contractors ; and the said arbitrators may appoint a third, either before or after any difference of opinion between said two arbitra- tors, and the decision or award given by each arbi- trator or arbitrators, or the majority of them shall be final and conclusive between the parties hereto, in all matters so in dispute, under a penalty of twenty-five per cent of the amount in dispute, to be paid by the party not accepting the decision of the arbitrators to the party accepting it, before the former one can take legal process to have such decision reversed. In the event of the two parties not agreeing on the third arbitrator, the same shall be appointed by the ^Honorable the Commissioner of Public "Works of the Dominion. It is well understood between the said parties that these presents shall have effect only from and after the day that the said Contractors shall have furnished, in due form of law the securities {cautions) promised by them, and agreed to by the Company. Thu 3 done and passed at Montreal aforesaid, on the day, month and year herein above firstly written, ♦ f. ■.'^;fe/;.tUv.fc.iH.(.' U-*'.. ■n under the niimber fifteen hundred and thirty-four of the original deeds kept of record by the undersigned notary. And after due reading hereof, all the above named garties, in their own name or in their said capacities, ave signed these presents with the said notary ; the seal of the said The Montreal Northern Colonization BaUway Company having been affi'^ed thereto. [Signed] HUGH ALLAN, President, E. LEF. DE BELLEFEUILLE, ; jj Secretary-Treasurer, DUNCAN MACDONALD, H. ABBOTT, LS. N. DUMOUCHEL, N. P. [L. S.] ■. • i:.r-.^>->--' .,-.,■•■!;,.■ ■. -i. True copy hereof remaining of record in the un- dersigned notary's office. , . ,f . [Signed] LS. N. DUMOUCHEL, N. P. ?■." ;•. 1"^^ .\'^-iH:. m::. ^^f-'t,■^*f^ . ^J*-.I'■• ,W( QENERAL SPECIFICATION FOR THE CONSTRUCTION OF THE WORK. Ist. This specification refers to all works of con- struction required in making and building the rail- way known as The Montreal Northern Colonization Railway, from the harbor at the eastern end of the city of Montreal, to some suitable point of crossing the Back River above or in the neighborhood of Vinet's Bridge, at or in the neighborhood of Porteous crossing near Ste. Rose, Ste. Th(5rese, Grenville and Hull, to the Village of Aylmer, all in the Province of Quebec, a total distance of about one hundred and twenty-eight miles, more or less, together with a brancn line from Ste. Th^rSse to St. Jdrdme, of fourteen miles in length, more or less. It comprises clearing, close cutting, grubbing, fencing, excavation, embankment, draining, ditching, foundation works, bridge and culvert masonry, bridge superstructure, cattle guards, road and farm crossings, permanent way and ballasting, with rolling stock, a line of telegraph, with wire, posts, insulators and necessary apparatus for telegraphing, and all other works con- nected with the construction and completion of the line of the railway, together with, land purchase, station freight and engine houses, wood sheds and water tanks, with the exception of the station build- ings and station grounds, at the city of Montreal. The intention being that the contractors shall com- plete the road, with the above exceptions, in a manner equal, in every respect, to a first class railway, such, for instance, as the Great Western / Railway of Canada. 108 "Width op Land requibed. The width of land required to be taken for the railway will be eighty ^et, to furnish room for a double track when required — at certain points an additional quantity may oe required to accommodate increased cuttings, for embankments, or for borrow> ing pits, or for gravel pits. Extra quantities will also be required at the various stations to furnish sites for the buildings, sheds, sidings and fuel ground. The extra quantit^r so required, in either or all of the foregoing cases, will be determined and marked off by me engineer. , ^. :..ti. ■n:t: »■/■ I .'- 2. Where the railway passes through wooded sections, the land must be cleared to the width of forty feet, on each side of the centre line, or to such f greater or lesser width as the engineer shall direct ; arge trees existing exterior to the space cleared, and which might endanger the track by falling on it, will be cut down. 8. The clearing is to be done so that all the brush, logs, and other loose materials within its limits will be burnt — a sufficient quantity of fencing stuff, or suitable timber for ties, or other valuable wood may be reserved, cut into suitable lengths, and piled in such places as may be i)ointed out. The Contractors may also cut into cord wood such timber as may be suitable for the purpose, and pile the same in such places as may be directed by the engineer for safety from fire. , • . . _ / . - - . ! '.1 ■. In no case shall any of the brush or logs be cast back upon the adjacent timber land; ti^ey must invariably be made into piles near the centre of the space to be cleared, and then entirely consumed ; all. brush or trees accidently or otherwise thrown into the adjacent woods must oe dragged out and burned. The land, when cleared, must be left in a clean con- dition. The Contractors are to remove all wood and stone fences from within the railway limits, at their own cost. lot Close Cutting. 4. Where embankments are to be formed, less than four feet, and more than two feet in height, all the standing timber and stumps must be chopped close to the ground, within the limits of the embankment, and burnt, but where the embankment exceeds four feet in height, chopping as for ordinary clearing will be allowed. In wet, swampy places, 'brushwood not less than eighteen inches m thickness must be properly laid as directed, to form foundations for the embankments, and in specially soft places, the base of the embankment will be formed of round cedar or tamarack, twenty-five feet long, and not less than eight inches diameter at the smsjler end, laid close together, transversely with the line of the railwav, and these overlaid with brushwood, placed length- wise of the railway, having an average thickness of eighteen inches, and a uniform width of twenty feet. 6. Where excavations will not exceed three feet in depth, or embankments two feet in height, all stumps must be grubbed out, and if possible, burned ; those that will not burn, must be carried beyond the limits of the cuttings and embankments, where directed, and then piled. The space to be occupied by side ditches will also be grubbed. Directions will be given at the proper time, as to the extent required to be cleared, close cut and grubbed. ' '' ' ' ' '''"i ■ ' ■ Fencing. '"'" '■' / ' .:" ' The fencing will be of two kinds— 1st., that known as post and board fence ; and 2nd., tail fence with pickets and sills ; each to be built as hereinafter described. The engineer shall decide the kind of fence to be used in the various localities, but for the most part, the rail fence will be used. 1st. Post and Board Fence. — This fence to consist of cedar posts not less than five inches in their least dimensions, and eight feet six inches long, planted three feet six inches in the ground and well packed m and rammed ; the posts to be placed at intervals of from six to eight feet apart. >^« The boards to be of inch pine, (second qnality,) hemlock or basswood, of the respective width of twelve, ten, eight, and six inches; each board to embrace two panels, and only two joints to occur on any post. The boards to be secured to the posts by three inch cut nails, six to each, and over the jointe of the boards a ribbon of one inch pine, &c., three inches wide is to be properly nailed by four four inch cut naihi, the ribbon to extend to the top of the post, and this fence to consist of four boards spaced as directed. The top of the posts to be cut off uni- formly. In rocky ground where the post cannot be let in sufficiently deep, posts five feet six inches long to be used, and tenoned into cills four feet long, twelve inches -viride and six inches thick, the tenons to be wedged on the underside of the sill, upon which will be properly fixed a spur or strut ; the strut to be not les^ than three inches thick. The boards will be used as before mentioned as also the nails. The posts sills and struts must be of cedar. 2nd Glass. This will consist of two posts to each panel, and a cap and sill which must in all cases be made of cedar. The six rails properly spaced with sawn square cedar blocks between each, securely fitted so as to raise the fence to the height required, the rails in all cases to be straight and sound ; these may be made of suitable black ash, tamarack or cedar timbers, thirteen feet long and not less than four inches thick, or of a sectional area of twelve inches, sills to be four feet long, ten inches wide and six inches thick, and bored to receive posts, with a three inch augur. The caps to be two feet four inches long, eight inches wide and five inches thick, bored in same manner as sills. The posts or picketo to be of the necessary height required for each township, and to be not less than four inches in their least dimensions, or of a sectional area of fourteen inches, the ends to be neatly prepared and fitted truly to the mortices in the caps and sills. The posts to be m iOf of to on by mts placed ten inches apart in the clear at the bottom, and eight inches in ike clear at the top. In all cases, the fencing most be bnilt in strict accordance with the requirements of the by-laws of the respective townships and parishes in which the same are fixed, and must be kept uniform as to height and appearance, all stones, roots and other obstruc- tions to be removed, and the ground properly levelled to receive the sills. All timber must be sound and suitable in all respects: all holes and depressions under the lower rail that would admit small animals must be stopped up, with earth, stones, or blocks of wood. The farm gates will be light and strong of an approved design, similar to those on the Great Western Railroad; they will be finished complete with proper fastenings, and receive two coats of white paint, or one coat of tar. Wherever bars are required for owners as directed by the engineer, strong and durable posts shall be set, and the rails of the fence shall be morticed firmly into them : good substantial bars shall be made to enter mortices in the same posts. At all public crossings the fence shall be carried at right angles with the railway to the respective ends of each cattle guard. The Contractors will be required to take immediate steps to construct the fence along the line, or at such places as the engineer shall direct, and shall complete the whole with as little delay as possible. I'M ii u^. >fif^>l^i Cattle Guards. 7. Cattle guards of wood or stone according to plans to be ramished by the engineer, shall be placed at all the level crossings. ^ , ^^ .... Occupation Cbossinos. i.^ . • -. 8. Where side ditches occur at farm or occupation crossings, in the line of the gateways or bars, suitable bridges will be placed over the ditches, on either side of the track. These bridges may be made with a flooring of three-inch plank, supported on cross- 112 itringers of timb«r. and spiked or pinned thereto ; or flatted timber may be naed in place of the planks, and properly secarea to the stringers, as the engineer may direct. At such ulaces, where embankments or cnttinffs of the roadway occnr, the approaches to tho same from the occupation bridges will be graded in accordance with the directions of the engineer, so as to permit of an easy crossing of the railway being obtained. - ' PuBLio Road Orossinos. 0. At public road crossings, the approaches to tho railway will be ur^ulod oiiner in embankments or cuttiuffs, to comply witli the municipal requirements ; suitable culverts for drainage, either across the rail- way or the public roads, will be constructed, in such manner as the engineer may direct; "Railway Grossing" sign-boards will also be erected at the intersection of the railway with each public road, in the same manner as on the Great Western Railway. At certain places the line of the railway will be carried over the ordinary road by a bridge, or, on the other hand, the ordinary road may be carried over the railway by a bridge, ample space being left for the passage of locomotives or ordinary vehicles in either case. ,...-. . ... Gradin ',3 ■J J ■ 10. In woodland the grrvding will not be com- menced until the clearing, cltse cutting and grubbing required be completed, to the satisfaction of the engineer ; and the contractors will be held respon- sible for all damage to crops. 11. The width of embankment at sub-grade or for- mation level is intended to be fifteen feet ; the width of cuttings, as a general thing, will not be less than twenty feet, but they may vary according to the sec- tion of the country and other circumstances, as the engineer may direct; at stations and turn-outs the gradhiff will be executed for a double track, of say thirty Met in width the entire length of the sidings 113 )to; Leer or tho in sing tho required, and aluc for any additional siding accom- modation in connection with freight or wood sheds as may be indicated by the engineer. The slopes of earth work will be made one and a half horizomal to one perpendicular. In rock cnttings, should snoh occur, tne slopes as a rule one horizontal to four perpendicular. In cuttings or embankments of sand slopes to be two feet horisontal to one perpenicular. In cuttings partly earth and partly rock, a berm of six feet shall be left on the surface of the rock. The widths, slopes and other dimensions above defined may be varied by the engineer at any time to suit circumstances. 12. The material to be placed in the embankments must be approved by the engineer, and in places where the natural surface of the ground upon which the embankment is to rest is covered with vegetable matter, which cannot be burned off in clearing, and which would, in the opinion of the engineer, impair ihe work, the same must be removed to his entire satisfaction. All sloping ground covered with pasture shall be deeply ploughed over the base of the embankments, before me latter are commenced. 18. All side hill ground to be covered by embank- ments shall first be thoroughly underdrained, as thi enpfineer may see expedient, and all cuttings after bemg formed, and all slopes likely to be affected by wet, must be similarly underdrained, longitudinally or transversely, or both, as circumstances may seem to him to require. . These drains will be constructed in a similar way to that in which ordinary land drains are sometimes made : a trench will first be dug to a depth of four feet on an average, and barely wide enough for a man to stand. In the bottom of this trench three or four cedar or spruce poles, from two to three inches diameter, will first be laid by hand, and breaking joint ; over the pole? will then be placed two feet of coarse gravel or broken stones, not larger than ordinary road metal, over which will be placed a coating of brush, and then the trench will be filled up to tile surface of the ground with such material 114 convenient to the place as the engineer may approve of. Tho Contractors mnst find all the material rcqiiired in these drains, do all the work described, and' remove the surplus earth. These drains must always be made with a sufficient longitudinal fall for the easy flow of the water, and therefore may, in level cuttings, be deeper at one end than at the other ; hut the average depth in all cases may be considered lour feet. 14. On the completion of the cuttings and the underdrains provided for in last clause, ditches for the removal of surface water shall be formed along each side at the bottom of the slopes, according to the direction^ to be given — catch-water ditches shall also be formed some distance back from the top of slopes to exclude from the excavation any water flowing from" the adjoining lands ; the contractor shall also construct all other drains and ditches which the engineer may deem necessary for the perfect drainage of the railway and works. 15. All open ditches in cuttings and elsewhere, and all excavations required for turning, making, or changing water courses, other thf-u the underdrains above mentioned, the formation of public roads, grading depot grounds, branches or turnouts, and foundation pits for masonry must be excavated as may be from time to time directed, and the material deposited as ordered by the engineer. 16. The embankments must be made to such sufficient height and width as will allow for the sub- sidence of the same, and both ctittings and embank- ments shall be left at the completion of the contract at such heights, levels and forms as directed by the engineer. 17. The whole of the grading shall be carefully formed to the levels given, and the roadway in cut- tings shall invariably be rounded and left from 6 to 8 inches lower at the sides than on the centre line. In rock cuttings it will be sufficient to form a water channel about two feet wide, and eight inches deep along each side. All materials found in excavations 115 whether in road bed, cuttings, ditches, water chan- nels, road crossing, borrowing pits or elsewhere, must be deposited in snch places as the engineer may direct. In cases where the road-bed excavations are insufficient to form the embankments, the deficiency shall be supplied by widening the cutting, or from side ditches along the railway or from borrowing pits, but no material shall be so supplied without his con- currence, and not until the cuttmgs are completed, without his express directions. AU borrowing pits shall, if required by the engineer, be dressed to a good shape and properly drained. Where material to make embankr^ents is taken from side ditches, a berm of at least five feet on one side, and twenty feet on the opposite side from the bottom of slope of embank- ment, shall remain untouched. The side ditches shall be excavated with the declivities for carrying off the water and with sides properly sloped, of not less than a foot and a half horizontal to one foot ver- tical of the depth. All stumps, roots and stones which would obstruct the free flow of the water must be removed therefrom. Ditches leading from the various culverts will be excavated to the side ditches, to admit the water to freely pass from one side of the railway to the other. 18. Where the excavation in a cutting exceeds what may be required to make the embankments of the specified width, the engineer may direct that the embankments be increased in width with the surplus material; when this is done to his satisfaction, the remainder, if any, may be wasted ; but in every case where either borrowing or wasting is resorted to, the material must be taken and deposited as he may regulate and direct. Where the material in cuttings is of gravel fitted for ballasting, the engineer may direct such portion of the side slopes to remain unfinished, as he may think proper, in order to reserve it for ballasting the road when the permanent track is laid. In such cases the material required for making the adjacent embankment may be taken from side ditches or borrowing pits. When such occurs. 116 however, the road-bed for the track will be graded for its reception in the usual manner. 19. In cases where pitching or rip-rapping will be required for the protection of embankments contigu- ous to streams, all stones suitable for this work found in excavations may be removed and deposited in some convenient place, until required ; and all good building stone which may be found in rock excava- tions may, with the approval of the engineer, be preserved and used in masonry. ,:' .; iirv ^ k i ■- 20. Rip-rap work, whenever required and ordered for the protection of slopes of embankments, must be well and carefully performed, in such manner and of such thickness as may be directed. 21. Roads constructed to and from any point on the line of railway, for the convenience of the Contractors, for the conveyance of material or other- wise, must be at their own risk, cost, and charges. 22. Whenever the line is intersected by public or private roads, the Contractors must keep open, at their own cost, convenient passing places, and they shall be held responsible for keeping all crossings during the progress of the work, in such condition as will enable the public to use them with perfect safety, and such as will give rise to no just ground of complaint. Contractors will be held liable for any damages resulting from negligence on their part, or that of their men. i- : ■ 23. Where slips occur in cuttings, after the^ are properly formed, the material must be immediately removed by the Contractors, the slopes reformed, and such precaution adopted as the engineer may deem necessary, the whole work being done at the expense of the Contractors. , > ^ ! .^ j tr ? i 24. In forming embankments great care must be taken to place against the backs of all walls exposed to the action of the frost, three feet in thickness or any greater thickness that the engineer may direct, of rip-rap. backing, consisting of small stones blinded mmM. ,^, in with spalls or coarse gravel, to prevent the retention of moisture, and the action of frost thereon — and in forming embankments between wing walls, against abntmonts of bridges, viaducts or culverts, and over arches, the earth mhng must be carefully packed or punned in thin layers, and a proper quantit^r of material must be carefully placed equally against each side of, and over all bridges, culverts, or other work, before the embankment approaches it, and in forming embankments, the greatest care must be observed, and every precaution must be taken, to load the masonry of structures evenly. 26. In the event of the earth excavation being ]■ roceeded with in winter, no snow or ice must be pl> : d in embankments, or allowed to be carried up in them, and all frozen earth must be excluded from the heart of the embankments. 26. The Contractors shall, at their own cost, before the work is finally accepted, finish up cuttings and embankments, dress and drain borrowing pits when required, dress slopes to the required angles, repair all damages by frost or other causes, and complete everything connected with the grading of the road bed, bridging, &c., in a creditable and workmanlike manner, in accordance with the directions, and to the satisfaction of the engineer. Foundations. 2t. Fo rx^^.tion pits must be sunk to such depths as the engirit?o^ may deem proper for the safety and permanency of the rtructure to be erected ; they will in all cases be sunk to such depths as will prevent the masonry being acted on by the frost. The material therefrom will be deposited in embankment, unless the engineer direct otherwise: whenever timber or other artificial foundations may be found eipe lient, the pit« will be made of sufficient dimen- sion > ^o admit them without difficulty. Where rock fouiidations exist, for the abutments and piers of bridges, and beam culverts, the rocky bed will be 118 properly excavated and levelled off for the rece|>ti6n of ihe masonry, as the engineer may direct. ..„,,^ ^ 28. No masonry shall be commenced in any foun- dation pits, before they have been inspected and approved by the engineer, and fhey must be kept free from water, by suitable cofferdams during the progress of the work, until the masonry is brought above the level of the surface. 29. Foundation timbers, when required, will be of such dimensions, ^<.1 of such kinds as the engineer may direct. The iu. •* employed will be tamarack, hemlock, black sprucu pine, in planks from three to six inches, or timber flatted on two sides only, and ranging from six inches to twelve inches thick. The faces of the flattened timber will at least measure as much as its thickness, and the bark will be removed from the sides not flattened. ? u, y -vv 30. All spikes, bolts, straps, or other iron work found necessary to be used in timber foundations, or in the wooden superstructure of beam culverts or short span bridges, must be of the best quality of iron usually employed for similar purposes. i;'f"?0r' ' 31. Whenever the engineer may direct piling to be done, the timber shall be in every respect sound, and of such i ascription as he may approve ; where he thinks it necessary, tri'>l piles shaU first be driven. 32. The piles shall be carefully and truly pointed, . shod and hooped with iron as may be directed, they shall be driven to any depth the engineer may deem expedient, and the weight of the ram, as well as the faU, shall be such as ne may consider necessary. The greatest care must be taken to drive the piles plumb, or battered in such positions and distances apart as he may direct. A pile that may be damaged or too short, or out of line when driven, shiJl be taken up and replaced by another; the heads of piles must not be injured in driving. 33. Whenever concrete is employed, it wiU be composed of hydraulic lime, clean sharp sand, and •T T. • ' V"- 119 good gravel of approved quality and proportion. The proportion of sand and lime will be the same as in mortar, and in making the concrete, a sufficient (][uantity will be used with the gravel to fill up every interstice, and render the mass when set, perfectly solid and compact. ;x. , <. Masonry. 34. All the masonry must be of a substantial and permanent character, made of durable and suitable materials, and in every respect equal to the best description of masonry m railway works. 35. The masonry shall not be started at any point before the foundation has been properly prepared ; nor until it has been examined and approved by the engineer, nor until the Contractor has provided a sufficient quantity of proper materials and plant to enable the work to be proceeded with regularly and systematically. 36. Hydraulic lime mortar wiU be used unless otherwise directed, in building all masonry, from the foundations up to a line two feet above the ordinary level of the stream, it will also be used in turning arches, in laying girder beds, copings, covering of wells generally, and in lipping and in pointing. The hydraulic lime or concrete must be fresh ground, of the best brand, and it must be delivered on the ground and kept till used in good order. Before being used, satisfactory proof must be afibrded to the engineer ^f its hydraulic properties, as no inferior cement will be allowed. 37. Lime mortar must be made of the best common lime, and will be employed in all masonry (except dry,) where cement is not directed to be used. 88. Both cement and lime must be thoroughly incorporated with approved proportions of clean, large grained, sharp sand. The general proportions may be one part of lime to two parts of sand, but this may be varied according to the quality of the 120 lime or cement. Mortar will only be made as required, and it must be prepared and used under the immediate direction and to the satisfiBiction of an inspector, by the Oontractor's men, failing which the inspector may employ other men to prepare the mortar, and any expense incurred thereby shall be borne by the Contractor. Grout shall be formed by adding a sufficient quantity of water to well temper- ed and well proportioned mortar. 39. The stone used in all masonry on the line of railway must be of durable character, large, well proportioned and well adapted for the construction of substantial and permanent structures. 40. The masonry will be classified as follows : — in cement ** common lime " cement " common ilme " dry 41. First class masonry shall be in regular courses of large, well shaped stone, laid in mortar on their natural beds ; the beds and vertical joints will be hammer-dressed, so as to form quarter-inch joints. The vertical joints will be dressed back square nine inches ; the beds will be dressed perfectly parallel throughout. The work will be left with the "quarry face," except the outside arrises, ice-breakers, string and coping, which will be chisel-dressed. 42. The courses of first class masonry will not be less than twelve inches, and they will be arranged in preparing the plans to suit the nature of the quarries. Courses may range to twentv-four inches, and the thinnest courses invariably be placied to- wards the top of the work. 43. Headers will be built in every course not farther than six feet apart ; they will have a length in line of wall of not less than twenty-four inches, and they must run back at least two and a half times their height, unless where the wall will not First class masonry (( (( it Second class " l< (( t( f:Z,»,,. 121 allow this proportion, in which case they will pass through from front to back. Stretchers will have a miniraum length in line of wall of thirty inches, and their breadth of bed will at least be one and a half times their height. The vertical joints in each course must be arranged so as to overlap those in the course below ten inches at least. 44. The quoins of abutments, piers, &c., shall be of the best and largest stone, and have chisel drafts properly tooled on the upright arris from two to six inches wide, according to the size and character of the structure. 45. Coping-stones, string-courses and cut-waters shall be neauy dressed, in accordance with the plans and directions to be furnished during the progress of the work. 46. The bed-stones for receiving the superstructure shall be of the best description of sound stone, free from drys or flaws of any kind ; they must be not less than twelve inches in depth for the small brid- ges, and eight feet superiicial area on the bed. The larger bridges will require bed-stones of proportion- ately greater weight ; these stones shall be solidly and carefully placed in position, so that the bridge will sit fairly on the middle of the stones. 4*7. The backing will consist of flat bedded stone, well shaped, having an area of bed equal four super- ficial feet or more. Except in high piers or abut- ments, two thicknesses of backing stone, but not more, will be allowed in each course, and their joints must not exceed that of the face work. In special cases, where deemed necessary by the engi- neer to ensure stability, the backing shall be in one thickness ; the beds must, if necessary, be scabbled off, so as to give a solid bearing. No pinning will be allowed. Between the backing and face stones there must be a good square joint not exceeding one inch in width, and the face-stones will be scabbled off to allow this. In walls over three feet in thick- ness, headers will be built in front and back walls 122 alternately, and great care must be taken in the arrangement of the joints, so as to give perfect bond. 48. Every stone mnst be set in a full bed of mor- tar, and beaten solid ; the vertical joints must be flashed up solid, and every course must be perfectly level and thoroughly grouted. . . 49. Second class masonry shall be built of good, sound, large, flat bedded stones, laid in horizontal beds. It may be known as random work, or broken coursed rubble. The stones employed in this class of masonry will generally be not less in area of bed than three superficial feet, nor less in thickness than eight inches, and they must be hammer-dressed, so as to give good beds with half-inch joints. In small structures, and in cases where stones of good size and thickness cannot be had, they may, if in other respects suitable, be admitted as thin as five inches. All stones must be laid on their natural beds. 60. Headers must be built in the wall from front and back, alternately, at least one in every five feet in line of wall, and frequently in the rise of waU. In the smaller structures neaders shall not be less than twenty-four inches in length, and the minimum bed allowed for stretchers shall be twelve inches. In the larger structures all stones must be heavier in proper proportion. Every attention must be paid to produce a perfect bond, and to give the whole a strong, neat, and workmanlike finish. 61. Wing walls will generally be furnished with steps, formed of sound durable stone, and not less than from ten to twelve inches thick, and six feet superficial area. Other walls will be covered with coping of a similar thickness, and of seven feet or upwards superficial area. These coverings will be neatly dressed, when required, and as may be di- rected. The walls of the box culverts will be fur- nished with stones the full thickness of the wall, and the covers will be from ten to fifteen inches thick, according to the span; they mnst have a vjifa'^ ^imilM— 128 feeeB -wiU have a lour m . ,„„_ spons of twelve feet and upwardB, »»* ^ j t^i„B masonry, Sto.. The fo™" ^_''boi ctdveitB, of Beoond- tractoiB. . ^d gkilfxJly 66 All masonry n*"!* ?* ^„,V if from any potaied, l>»t.f^rreq^«"^^«'« '"^ImSt other cause it may l^^X^^ Contractors mnst make ^,°i^i:STr4'i'"^t^° ^* ^^'^ "- "^' ■"' cost. ' ...V. MlSOELLANEOrS WOBK. ' •' r " ■ • * fmrtllTe lia.8 1)6611 66. After the '»««?'?y/four « Eve weeks, the completed for a Pe™^"?"onnd it may be pr.^ fomation of the r^^ruTbe carefully punned Sed with. The e"* "'^ s ^^ ^ t^ „jmiex in thin layers «»™*„^TJ,p mnultaneously on ik« fillinB must be o^^l^^ZnO. be extremely tth sZ. The ^2'^^^^TZ^r^i culverts Suliuto"»'»8*''**Subrheld Uable for any and bridges, as they v^jj,"? Zj arise. The pun- damages to the Btructares ttM m y ^^^ ^^ ^j^^i^ ^^ust be oarefpUy attended ^ SkX b^^^^e^P of theembanlonen. 184 without loading one side of the masonry more than the other. 57. The bottoms of beam culverts will be paved with stones set on edge to a moderately even face, packed solid, and the .interstices filled with grout of hydraulic cement. The pavinff to be from 12 to 16 inches deep. In box culverts flat flags may be used for the bottom, with the side walls resting on their upper faces. 58. In places indicated by the engineer, wood culverts may be used, or flatted cedar timber, accor- ding to plans to be furnished. ■ ^ ' Bridge Supebstbuotube. All bridge and beam culverts of twenty feet span and under, will have timber superstructure of such form as may be directed, according to plans to be given and prepared, ready for the reception of the permanent way. The material to be of the best pine timber, free from shakes, knots or other imperfections. The iron in bolts, straps, &c., to be of the usual quality of iron for such purposes. The bridges with spans extending twenty feet may be described as follows : feet Ist Branch of Ottawa, or Biver des Prairies— length of super- structure about 960 2nd « (< Biver Mille Isles, " 800 3rd Biver Aux Chiens, " 100 4th Biver Rouge, 2 crossings " 200 5th North River, " 400 6th Calumet, " 100 7th Bouge, « 200 8th Salmon, «« 100 9th Nation, «« 260 10th Blanche, '« 100 11th Au Lievre, " 300 12th Blanche, « 100 13th ()atineau, « 600 14th Several minor streams, " 400 The superstruction of the bridges to span the fore- going rivers will be designed on the Howe Truss principle, of such spans and dimensions as may be 125 decided by the engineer, but ranging from 100 feet to 200 feet spans, with the usual laminated arches introduced in connection with the Truss, where spans are used from 150 feet and upwards. As a rule the superstructure of the bridges must be of sufficient strength to si;;stain a load of one ton to each foot lineal of the span, in addition to iis own weight, giving a tensile strain on the lower chords not ex- ceeding 800 pounds per square inch, and 10,000 pounds per square inch of sectional area of the iron rods. ■ "> • ' ' -vf'"'' ' ' ■ If an improved system of superstructure be intro- duced, with the top and bottom chords of wrought iron, or its bottom cord of steel or iron wire, and vertical diagonal braces of wood, the chords must possess sufficient sectional area to sustain the weight of the superstructure an.d a moving load of one ton to each lineal foot of span, giving a tensile strain on the lower chord of not more than 10,000 lbs. to the square inch, and a compression strain on the top chords not exceeding 8,000 lbs. to the square inch. The timber composing the bridges must be of the best quality of square edged white oak and white pine, perfectly sound and free from sap, shakes, loose or black knots, or any other symptom of decay, and sawed or hewed in a workmanlike manner so as to form sticks when hewed and seasoned, precisely of the sizes given in the drawings to be furnished. The kind, length, sizes, &c., of the timber of the different structures must conform to the bills furnished by the engineer, and the whole must be fornied and put together, in the most accurate and skilful manner, so as to secure the whole strength of the timber. The iron in the bridges will be of the best refined Staffordshire iron, properly and mechanically made up. The threads of the nuts and bolts, to be cut by machinery. All dimensions of bolts, straps, prisms, &c., to conform to those shewn in the drawings to be furnished by the engineer. All joints of the timber to be put together in white lead and oil. After completion, and when the timber has had time » \ 126 to become thorouffhly seasoned, the wood work and iron work of all the pridges to receive two coats of anti-septic and anti-corrosive paint of approved quality and color. Detailed drawings of abntments and piers of all the bridges by the engineer, will be famished, to which the Contractors will be required to conform. In case the piers supporting the superstructure of the bridges over certain rivers are unprovided with ice breakers, on account of want of sufficient nei|[ht, suitable ice-breakers will be obtained by placmg wooden cribs with sloping sides and filled with stones, in front of each pier, but at some distance above. The timber of which the cribs are composed, will be strongly dovetailed, treenailed and rag-bolted together, particularly the sheeting of the exposed sloping portions. The cribs will be filled up to the top with stones, which must be packed around the cross ties, and under the sheeting. The timber to be of cedar and pine, in sticks of 12 inches square, counterhewn on the outside and neatly finished to the satisfaction of the engineer. r(T»4 51 ,5 In putting in cofier-dams, in building the scafiblds or in doing other work in connection with the bridges, the Contractors must not interfere with the free passage of vessels, saw lo^s, timber, rafts, or of water to mills or factories, and m the event of crea- ting damage in that respect they must be responsible to the parties so injured. On the completion of the bridges or other mechani- cal structures, or buildings, all coffer-dams, scaffolds and rubbish must be removed by the Contractors, to the entire satisfaction of the engineer. ,, , , .. . Peemanent Way of Superstbucturb. '^i'.^ The gauge of the road wUl be four feet eight and one hau inches. The rails will weigh at least sixty pounds to the yar^l and be fish-plated and secured to ties in the most approved and modem manner. ■ -jiiMip^i;>. ' 127 The iron rails shall be of the best anality of English or American manufacture, and of tne form and pat- tern that may be decided upon by the engineer. The spikes, fish-plates, bolts, &;c., shall be of the first anality of Staflbrdshire refined iron, and of approved imensions and form. Should steel rails be adopted, they will weigh 56 lbs. to the yard. , . , The ties may be of white ash, tamarack, oak, rock elm, or other suitable s "d wood — eight feet long, hewn or sawn on two parallel sides so as to give a width of eight inches face — with a thickness ol» seven inches, and entirely out of winding. The ties will be laid at right angles to the lino of railway, and will be bedded in the ballast flush with the final grade of the road. They will be well rammed down to firm and continotls bearing, and the tops dressed ( a level and uniform surface to receive the rails. 'a^o ties will belaid two feet apart from centre to centre, or 2,640 per mile. When required by the engineer, the rails shall be bent to correspond with the curve of the road, and all rails for tangent lines, before being laid permanently, shall be straightened and taken out of wind : side tracks are to be laid at the termini and way-stations. These tracks will be of such length as shall be directed by the engineer, and will not exceed in the aggregate length ten per cent of the length of the main line, to be furnished with the necessary frogs, points and crossings, switches, signal levers, wire- roipe, &c., in a similar manner to those used in the Great Western Railway. The track to be laid under the ^dance of the engineer or of persons appointed by mm, and in strict accordance with the plans and instructions emanating from him. All condemned materials shall be removed from the track to such distance as shall be directed by the enginee *, in order to prevent their being used in the work. No rails will be allowed to be laid in the permanent track that have been used by the Contractor, during con- struction, and injured m any respect. ,... ,i,, , 128 Ballasting. .1 ..t The material to be used for raising the road-bed to the final or full grade, or " ballasting the road," shall consist of coarse sand or free gravel, to be approved by the engineer before being used upon the road. When material suitable for the purpose occurs in the excavation for the road-bed, or in close proximity to the road, the ballasting is to be done previously to the track being laid, for a distance each way of half a mile from the point of construction. When fitting mateyial is not to be had as above, the track is to be laid at " sub-grade," and well packed up with clay, &c., tr prevent irjury to the rwls, and subsequently be raised to full grade level, the material for which will be hauled over the rail. In lifting the rail to full grade, care must be observed to make it conform to me levels given by the engineer, and to preserve perfect alignment. In curves, the outer rail will be elevated as directed and the ballast sloped and dressed off in a neat manner. The quantity of ballast to equal 2000 cubic yards per mile. The rail will be at least one foot six inches above formation level and the top of the ballast ten feet in width WTtn side slopes of one foot horizontal to one foot perpendicular. * IloLLiNa Stock. The following will be the Boiling Stock required : 6 Express J ocomotive Engines, 10 Freight 12 First Class Carriages, 30 Second-Class " 5 Express and Post OflSice Carriages, 100 Freight Box Cars, 150 Platform Cars, 5 Snow Ploughs, 10 Hand Cars. The above engines and carriages will be the bee^ of their respective kinds, and constructed In accord- 129 ance with detailed drawings aud specifications to be furnished to the Contractors. ';>-h Telegraph. A telegraph line carrying a single wire will be built by the Contractors, the entire length of the line. The poles will be of cedar, with distance apart and depth in the ground similar in all respects to the Montreal Company's line : the wire, insulators, and working apparatus for each station will be complete in e;"?ry respect for working. - . . General Clauses. . All materials intended to be used in the construc- tion of the work in the foregoing specification, must be examined and approved by the engineer of the Company, before being used. The whole work to be done in a workmanlike manner subject to the constant supervision, inspection and acceptance of the engineer, or of some person appointed by him for that purpose. The engineer shall be the sole judge of the quality and quantity of the work, and his decision and admeasurement of the same shall be final and conclusive between the Railway Company and the Contractors. The term earth work shall comprise all excavations with the exception of solid rock and loose stones measuring one half of a cubic yard and upwards. The details of the character, proportions and dimensions of the work will be represented upon the plans, sections and bills of quantities which will be from time to time furnished. It is understood that the section of the railway at present in existence, is but an approximate one founded on the preliminary surveys in so far as they have extended. Some twenty-five miles in length from the Aylmer end in the direction of Montreal, have not yet been levelled over, but from examina- tion, the country presents no engineering difficulties. w 180 When the projected line is located on the gronnd, the profile or section then obtained for the centre line of railway to be built, may vary somewhat from the preliminary one now exhibited : the present proposed line may also be ypried in localities, either to shorten the entire distance between Aylmer and Montreal, or, for the purpose of easing the grades. Between Ste. Th^r^se and G-renyille, the line may be carried vid 8t. Andrews, or vid Lachute, as may be determined by the Company. In the event or the first route being selected, a section of the Carillon and G-renville Railway will be adopted, and will re- Suire to be repaired and put in good condition by le Contractors. The track will oe laid with new rails, and those now in use employed for sidings on the main line. The prices mentioned in the Tender and Contract to cover the cost of executing the several items of work. Payments to be made monthly on the esti- mates of the engineer as the work progresses, less ten per cent, until the total of said percentage amounts to the sum of one hundred thousand dollars, which will be reserved by the Company to insure the completion of the contract. The Contractor will be held responsible for the good and substantial quality of the entire work, for a period of one year after the completion and delivery to the Company. The work to be commenced immediately afker signing the Contract, and completed on and before the first day of October, 1875. Charles Legoe, , . r Engineer-in-Chief, M. N. C. R Countersigned, * • . ^ ■rittis^<-«'< MoNTKEAL, 15th March, 1873. E. Lef. de Bellefeuille, . <. .' ..-Secretary, M. N. C. R. ; t^i;,!'} ?*ltl%^S^.f;-'>«i^,|l'J#^jJt ,f.i itr*^ vi.;^t. :n: found, Jentre from (-■>--'^'-'<:,i'-'-5*>' ■;vi-''.- ■'■;' , ■, ' " • ■; • . ' ,"••'■ '*' '■■., ■ ■ : , - ■yfr ■ -.' . '■ ,, ■■■ ;, ■ -■ ■■''^, : f ■ SCHEDULE OF PRICES Tendered for the performance of the various descriptions of Work required in the construction of the Montreal Northern Colonization Railway, Montreal to Aylmer, including a Branch Line from Ste. ThSrese to St. JSr6me. description of work or material. Land purchase, per acre Engineering and Superintendance, cost of same. 1. Clearing, close cutting and grubbing per acre 2. Fencing per 100 lineal feet 3. Earth excavation, embracing all classes except solid rock and boulders of } cube yard and upwards, in> eluding brush foundations, Ac., &c.. .per cube yard 4. Rock excavation, including boulders from } cube yard and upwards per cube yard 6. Rip Rap per cube yard 6. Plank— Hemlock or Spruce, 'h work, per m feet, B.M. 7. Plank — ^Pine, in work per m feet, B.M. 8. Pine Timber, in work per cubie foot 9. Hemlock or other Timber, in work per cube foot 10. Piles not less than 12 inches diameter, driven and measured in work p«r lineal foot 21. Timber in crib work per lineal foot 12. Stones in crib work per cube yard 13. Cast Iron in work per lb. 14. Wrought Iron, including spikes, bolts, straps, Ac, in work per lb. 15. Concrete per cube yard 16. First-class Masonry, in cement per cube yard 17. First-class Masonry, in common lime., .per cube yard 18. Second-class Masonry, in cement per cube yard 19. Second-class Masonry, in common lime, per cube yard 20. Second-class Masonry, dry per cube yard 21. Paving per cube yard 22. Wooden Truss Bridges, of 50 to 100 feet span, includ- ' ing all the iron and wood work required, with work- s:££sb)p complete, per lineal foot of superstructure Entire Main Line. Montreal to Aylmer. Distance, 128 miles. 60 50 10 18 24 3 1 6 16 12 12 10 7 6 36 cts. 00 00 00 30 50 00 00 00 36 30 00 25 60 10 16 00 00 00 00 00 00 00 00 r- 23. 24. 25. 26. 27, 28. 29, 30. 31. 32. 33. Schedule of Prices, &c. — Continued. DESCRIPTION OF WORK OR MATERIAL. Wooden Truss Bridges, from 100 to 150 feet span, including all the iron and wood work required, with laminated archea, with workmanship com- plete per lineal foot of supersti ucture Wooden Truss Bridges, from 150 to 200 feet span, including all the iron and wood work required, with laminated arches, with workmanship com- plete per lineal foot of supersti-ucture Truss Bridges, with upper and lower chords of iron, from 50 to 100 feet span, per lineal foot of superstructure Truss Bridges, with upper and lower chords of iron, fr>m 100 to 150 feet span, including laminated arches per lineal foot of superstructure Truss Bridges, with upper and lower chords of iron, from 150 to 200 feet span, including laminated arches per lineal foot of superstructure Permanent way, including iron rails, chairs and spikes, fish-plates, ties, ballast, laying, tec, with all other materials, workmanship and expenses per mile Permanent way, including steel rails, ties, ballast, laying, kc, with all the materials, workmanship and expenses per mile Extra ballast required for Caiillon and Grenville road per cube yard Taking up and relaying track, including spikes, fish- plates, &c.. Carillon and Grenville Road, per mile Extra ties for do each Telegraph line, including all material and workman- ship per mile Entire Main Line. Montreal to H^ Aylmer. B, Distance, ■*' 128 miles. K 40 45 45 55 65 10,000 12,250 1,500 150 cts. 00 00 00 00 00 00 00 50 00 40 00 ROLLING- STOCK. 6 Express Locomotive Engines 10 Freight Locomotive Engines 12 First Olaas Carriages 30 Second Class Carriages 5 Express and Post Office Carriages 100 Freight Box Cars 150 Platform Cars 5 Snow Ploughs 10 Hand Cars Each. 12,000 11,000 2,400 2,000 2,400 1,000 800 2,000 100 ■-••:.?*■*' ' vlJ^^ii JC s**^•' U^f: U^