IMAGE EVALUATION TEST TARGET (MT-3) /, ^ J^4e. 1.0 I.I 1^12.8 L25 M 1.4 2.5 2.2 2.0 111^ 1.6 V] <^ /2 .> rlluiL^'cipiiiu Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 \ iV '^ ^^. ^.\ WrS u Wb'^" ^'l,*' i/j CIHM ICIVIH Microfiche Collection de Series microfiches (l\/lonographs) (monographies) Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques ©19 no C70 Tf!chnical and Bibliographic Notes / Notes techniques et bihiiographiques The Institute has attempted to obtain the best original copy available for filming. Feature: jf this copy which may be bibiiographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D D D Coloured covers/ Couverture de couleur Covers damaged/ Couverture endommagee Covers restored and/or laminated/ Couverture restauree et/ou pelliculee □ Cover title Le titre de missing/ couverture manque n n n n n Coloured maps/ Caites geographiques en couleur Coloured ink (i.e. ether than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Relie avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La reliure serree peut causer de I'ombre ou de la distorsion le long de la marge interieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajoutees lors d'une restauration apparaissent dans le texte, mais, lorsque cela f-tait possible, ces pages n'ont pas ete filmees. Additional comments:/ Commentaires suppiementaires: L'lnstitut a microfilm^ le meilleur exemplaire qu'il lui a et^ possible de se procurer. Les details de cet exemplaire qui sont peut-£tre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite. ou qui peu.ent exiger une modification dans la methode normale de filmage sont indiques ci-dessous. □ Coloured pages/ Pages de couhur □ Pages damaged/ Pages endommagees □ Pages restored and/or laminated/ Pages restaurees et/ou pellicul^es Pages discoloured, stained or foxed/ Pages decolorees, tachetees < ' ou piquees □ Pages detached/ Pages detachees Showthrough/ Transparence □ Quality of print varies/ Qualite inegale de I'i gale de I'impression □ Continuous pagination/ Pagination continue □ Inclu Comi des index(es)/ Comprend un (des) index Title on header taken from:/ Le titre de Ten-tSte provient: □ Title page of issue/ Page de titre de la livraison □ Caption of issue/ Titre de depart de la livraison □ Masthead/ Generique (periodiques) de la livraison This Item is filmed at the reduction ratio checked below/ Ce document est filme au taux de reduction indique ci-dessous. 10X 14X 18X 12X 16X 20X r?y 265 ji;;« y 24X 28X 22X The copy filmed here has been reproduced thanks to the generosity of: National Library of Canada L'exemplaire film6 fut reproduit grSce i la g6n6rosit6 de: Bibliothdque nationale du Canada The images appearing here are the best quality possible considering the conoition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol — ^ (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method- Les images suivantes ont 6td reproduites avec le plus grand soin, compte tenu de la condition et de la nettet6 de l'exemplaire film6, et on conformit6 avec les conditionp du contrat de filmage. Les exemplaires originaux dont la couverture en papier est imprim6« sont filrn6s en commenqant par le premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, selon le cas. Tous les autres exemplaires originaux sont film6s en commenpant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ^ signifie "A SUIVRE ", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent Stre filmds d des taux de reduction diffdrents. Lorsque le document est trop grand pour Stre reproduit en un seul clich6, il est film6 d partir de Tangle supdrieur gauche, de gauche it droite, et de haut en bas, en prenant le nombre d'images n^cessaire. Les diagrammes suivants illustrent la mdthode. 32 X 1 2 3 1 2 3 4 5 6 All Act to hicorpoialo the Noithorn, N'ortli-Wcstcrn juid Sault Stc. Mario Railway Company. WHEREAS the construction of an indepondeni lino ol" ruiiway running from the village of Gravenhurst. in tho District oi Muskoka, to Callaiuler Station on (he Canadian I'acilic Railway at Lake Nipissing, and from a point on the t) line of the said Canadian. Pacific Railway at or near Wharnaiiit liivcr on tho said Canadian Racihc l^ailwav to the town of Sault Ste. Marie, with power to the Company incorporatd to lonstruit the same, to bridge the Sault Ste. Marie River, and io connect the railway system 10 of Canada with that of the North-western States of the United States of America, open to all the railwavs that could connect therewith, and affording equal traffic facilities to all railway companies, and also from Callander Station on the _ Canadian Pacihc Railway to the waters of the Upper Ottawa, 15 would 1)0 of general benefit to the Dominion ; and whereas a petition has been presented for that purpose, and it is expedient to grant the prayer of such ]ietition : Therefore Her Majesty, by and with tho advice and consent of the Senate and House of Commons of Canada, enacts as fol- 20 lows : — 1. The Honorable Frank Smith, of the city of Toronto merchant. Senator of the Dominion of Canada ; Adam Erowni of the city of Plamilton, merchant ; Noah Darnhart, merchant • theJIonorable Alexander Morris, M.P.P. ; D'Alton McCarthy' 25 M.P., and Frederick W. Cumberland, Esquire, all of the city ol Toronto ; John Stuart, merchant ; John Proctor railway contractor ; A. T. Wood, merchant ; Alexander lurner, merchant; E Gurnev, manufacturer; "William on if^&')^' railway contractor ; M. Leggatt, merchant ; oO 1 . D. Daylort, merchant ; Thomas Robertson, M.P Q C • Francis Edwin Kilvert, M.P. ; Britton R. Osier, Q.C. '; James Turner, merchant, and Alexander Mclnnes, mer- chant, all of the city of Hamilton ; C. W. Buntino- M P newspaper publisher ; Samuel Piatt, M.P., Esquire Tjames 35 Beaty, Junior, M P, Q.C. ; G. D' \rcy Boulton, barrister-at- law; Frederick W. Strange, M.l'., physician ; John Fisken merchant ; Wilfiam B. Hamilton, President of the Board of Irade of the city of Toronto, merchant; William F McMaster, merchant ; William Thompson, merchant ; A. 40 M. Smith, merchant; William Tnce, merchant ; Alderman David Walker ; William B. Scarth, broker ; Eugene OKeefe, brewer; the Honorable John McMurrich merchant ; R. W. Elliott, merchant ; Alfred Boultbee, M.P. ' 79—1 Alderman A. R. Boswoll, and liohovi Hay, MP, luniitur" manutaetmvr, all of the city of Toronto ; 'Ihomas Ark(>l] M.P., oftho town of St. Thomas ; Timothy Couohlin Mp' of OHa; 1). Macmillan, M.P, of thf city of London' barristtM-at-law ; S. li. Hf.sson, M.P., of the town of Stratford" 5 )n the county of Perth; William O'lJrion, of th(> towii.shii) of Oro, 111 the county of Simco(\ farmer ; William Carruthers Little, M.P., of the township cf Inni.sHI. Esouire • Thomas Lony, M. P. P., of the town ol Colliii"wood' merchant ; Charles Cameron, of the same ])hice, sl(«um- 10 boat owner; George Moberlev, of the same place, i>arrist.>r- \l;^^^'\^''^^''^"^''''^ ^- ^^''iJ'"^'". ^I-l'- ol' Woodbrid-e; John White, M.P., ol Roslin ; Alexander Robertson, M.P.P of Hellc- ville ; and Arthur Rankin, of the town of Windsor, Esquire • together with all sirch persons and corporations as shall' 13 under the provisions of this Act, become shareholders in the Cornpany hereby incorporated, are hereby constituted and declared to be a body corporate and politic by the name ol " Ihe Northern, North-Western and Sault Ste. iXjarie RalUviv Company," (hereinafter called the Company,) and shall J)a v"e 2 ) all the powers and privileges conferred on "such corporations by " The Comolidated Rauinuj Act, 187!)," or any Act relatino- thereto which may be passed during- the present sessifu oi Parliament, subject, however, to the pros isions hereinai' er contained. 25 3. The Company and their agents and servants shall have lull power and authority to lay out, construct, complete and operate a double or single line of railway, of lour l(>et ei..-ht and one-half inches gauge, from a point on the line°of the JSorthern ifailway of Canada at or near the villa«n' 30 of Gravenhurst, in the District ol ^Muskoka, \^id IJracebndge, and thence through the Districts of Muskoka and Parry Sound to C^dlander Station at Lake Nipissin-r on the Canadian Pacific Railwav, and from a point at or near the point of intersection of the Wharnnpit l{iver by the 35 C^.madian Pacific Railway, through the district of Alo-oina to ' the town of Sault Ste. Marie, in the District of Aj.voma and Irom some convenient point at or near Callander Station aioresaid on the Canadian Pacific Railway, at or near J ake Nipissmg, to the River Ottawa at or near the Long Sault, 40 on the Upper Ottawa, or to some convenient point in navio-I able connection with Lake Temiscamingue ; and shall have lull power and authority to lav out, construct and complete as an extension of the said firstly inentioned line of railway' a spur or branch from at or near the town of Sault Ste 45 Mane to the navigable waters of Lake Superior. 3. The Company shall have such running powers over the line of the Canadian Pacific Railway from the point of junction at or near Callander Station, to the point of junction at or near Wharnapit Ri^er, as have been or may be ao-reed 50 79—2 = .^v 1 10 1 ipouby the (^anadian racific -Railvvay Company and the Cxovornment oi Canada, in pursuance of niid xmder the terms and provisions of the resolution of the iJoard of Directors the Canadian Pacific IJaihvav Companv, whi-^ IS appended as schedule 1{ to this Act, and subject to the authority oi theCxovernor lu Council and to such'couditions stipulations and terms as may be imposed by order of the Governor lu Council. 4. The Company shall have full power and authority to lU lay out and cons luct, complete, maintain, work, manao-e, and use a railway bridge over the River Ste. Marie froni some convenient i)oint on their line of railwav, to connect TTnU f'iy /^"l^^^ i'V the State of Michigau", one of the U m ed htivtes of America; and the sections of " The Con- L) so/tM Railwa/j Art, 1870,- or of any Act n,.atin..- tliereto passed in the present ses.sion of Tarliament, under the heads VdnrH-r-'' ,}^'"^%^"'i Surveys," and " Lands and their valuation, shall, so far as necessarv, apply to the power hereby g-iven. " i"v>ci 20 5. The undertaking hereby authorized shall be divided into two sections, which shall be known as the " Railway fecctiou and the " Bridjre Section," resi>ectively The rail- way section shall consist of the lines of railwav which the Company is hereby empowered to construct and operate 3^ her with all its rollino. stock, plant and equipmeSits ;' and the bridge section shall consist of the bridie over the Juver Ste. Mane and its approaches, and all the machinery and plant thereol ; and the capital account, tolls and reve- nues ol each section shall be kept separate and distinct. 30 O. The Company shall not commence the said brido-e or any work thereunto appertaining, until the Company °sh?ll have subnjitted to the (Governor in Council j^lans of such bridge and ol all the intended works thereunti appertainino nor until the plans and site of such bridge shall have been ' :;PP^;«7^ by the Governor in Council, and such condition as he shall have thoiight fit for the public good to impose touching the .said bridge and works shall have been cC phed with, nor sha any such plan be altered, nor any de- 40 r^n""'' ^^^'■^'f^'""^ "^ °^'ed except upon the permission of the 40 Governor m Council, and upon such conditions as he shall impose : Provided always, that if the said bridge be placed over the said river at a place where the same & navigable It shall be constructed so as to have one draw in the main ebaniiel ol the river, which draw shall be of such width as 4o the Governor in Council may determine, and shall otherwise give Iree and unobstructed passage to vessels of every des- cription navigating the said river ; and the said draw shall at all t'.mes during the season of navigation be kept open except when actually required to be cdosed for the pas.Stge 7y — 3 of railway trains, and sluvll be otherwise tended and moved at the expense ol' the Compiiny so as not to hinder imneces- sarily the passage ol'any vess<'l. From sundown \in(il sun- rise, durinu' tlie season (,!' naviuation, suitahh' liuhts sliall be maintained upon the said bridge to guide vessels approach- 5 ing the said draw. 7. Tlu' Company shall have jiower to unite with any other Company incorporated, or which may be in(or[)or!it»'(l, under and })y virtue of the laws of the Uniti'd i^tatcs of America, or of any of the said States, or with any body politic or eorpor- 10 ate, in building the said bridge and aj)proaches, and in maintaining, working, managinu- and using the same, and lo enter into any agreement with such Comjiar y or Corporation respecting the construction, maintenance, management and use thereof; and it shall be lawful for the Company to levy 15 and collect rates, tolls, rents and compensations lor the use of the said bridge and its approaches, and to hypothecate, pledge and apjiropriate the receipts derivable from such bridge, alter payment thereout of the other workinu' ex- penses and the cost of maintenance, to the payment exclu- 20 sively of the principal and interest of any bond, security or debt contracted for or in the ( (nistrxiction thereof, or to agree that the interest on sirch bond, secu'ril y or debt shall form part of the working expenses of the railway. 8. So soon as the said railway bridge is completed and 25 ready for traffic, all trains, locomotives and cars of all rail- ways connecting with the same, either in Canada or the United States, now constructed, or hereafter to be construct- ed, and also the trains, locomotives and cars of all companies whose lines shall connect with any company so connecting 30 with the said bridge audits approaches, shall have the right to use the said bridge and its approaches at corresponding tariff rates for the persons and property, including that of the Company, which may pass over the said bridge, so that no discrimination in tarill for such transportation shall be 45 made in favor of or against any railway, including the railway of the Company, whose trains, locomotives or cars may pass over the said bridge, under such regulations for the use of the said bridge as may, from time to time, be made, which shall, before the same are put iu force, be submitted to and 40 approved of, and which may, from time to time, be revised, after notice to the Company, by the Governor in Council O. Tolls for the use of the bridge shall be, from time to time, fixed and regulated by the by-laws of the Company, or by the directors, if thereunto authorized by the by-laws', or by 4^ the shareholders at any general meeting, and may be de- manded and received for all trains, locomotives and cars, and all passengers and property transported thereon, and shall be paid to siich persons and at such places near to the bridge, 70—4 in such maniior and uiidor such regulations as the by-laws dirt'ct ; ^ « 2. In case of denial or nei^lect of payment on demand of any such tolls, or any part thereof, to siich persons, the same 5 may ])e sued for and recovered in any competent court, or the agents or servants of the Company may seize the goods lor or in respect wht^reof such tolls ought to be paid, and. detiiiu the same until payment thereof ; ami in the mean-' time the said goods shall be at the lisk of the •wners thereof; 10 3 If the tolls are not paid within six weeks, the Company may sell the whole or any part of such goods, and out of th(i money arising Iroui such 'sale retain the' tolls payable, and all _ charges and expenses of such detention and sale, rendering 1 i th(> surplus, if any, or such ot the goods as remain unsold, to the person entitled thereto ; 4. If any goods remain in the possession of the Company unclaimed for the space of twelve months, the Company may thereafter, and on giving public notice then^of by advertise- 20 ment for six weeks in the 0/AV;m/ Gazette of the Province in which such goods are, and in such other newspapers as they deem necessary, sell such goods by public auction at a time iiud place to be mentioned in such advertisement, and out of the pro(',eeds thereof pay sui-h tolls and all reasonable charges 25 for storing, advertising and selling such goods ; and the balanc(^ of tht> proctHHls, if any, shall be kept by the Com- pany lor a further period of three months, to be paid over to any party entitled thereto ; 30 .5. In default of such balance being claimed before the ex- piration of the period last aforejaid, the same shall be paid over to th' )>eceiver-(reneral, to be applied to the general purposes ol 'ituada, until claimed by the party entitled purposes thereto ; (i. All or any of th' tolls niiiy, by any by-law, be reduced 3j and again raised as often as deemed necessary ibr the inter- ests of the undertaking ; l>ut the same tolls shall be paya})le at the same time and under the same circumstances upon all trains, locomotives and cars, including those of the Com- pany, and by all persons, so that no undue advantage, privi- 40 lege or monopoly may be allorded to anv •■ompany, includ- iuii- the Company hereby incori)orated." person or class of persons by any by-laws relatiui? to the tolls ; 7. The Directors shall, from time to time, print and stick up, or cause to be printed and stuck up, in the office, and in 45 all and every of the places where the tolls are to be collected, in some conspicuous place there, a printed board or paper 79—6 ^ cxhihitiuir all the tolls piiyiiblc, and i>artii:ularizinof ; ami after an Order in Council, 10 reducing the lolls lixed and regulated bv any by-law. has been twice published in the Cantidn (laz'cllt, th(> tolls men- tioned in such Order in Council shall be substituted lor those mentioned in the by-law, so long as the Order in Council remains unrevoked ; 15 10. The Parliament of Canada may, from time to time, reduce the tolls upon the bridge, but not without consent of the Company so as to produce less than ten per cent, per annum prolit on the capital actually expended in its con- struction ; nor unless, on an examination made by the 20 Minister of Public Works of the aipount received and ex- ' pended by the Company, the net in*ome from all sources in connection with Mie bridge for the year then last passed, is found to have exceeded ten per cent, upon the capital so actually expended ; 26 11. No by-law of the Company by which any tolls are to be imposed or altered, or by which any party other than the members, olTicers and .servants of the Com- l)any are intended to ))e bound, shall have any force or elfect until the same has been approved and sanctioned by the 80 Governor in Council ; 12. The said word " capital" as used in this section means the paid up stock and share capital of the Company, with interest added for periods during which no dividend is paid, to the exclusion of all .subsidies and bonuses and of 35 any debt of the Company contracted on the pledge thereof, or of any part thereof; but the interest on such debt shall,' lor the purpose of this section, be deemed part of the woik- mg expenses of the bridge. lO. In ca,se the State of Michigan or the United States 40 shall at any time provide for the appointment of a Commis- sion for regulating the working of the said bridge, the use thereof, and the compensation to be made therefor, and for settling any disputes arising in resi^ct thereof, it shall be lawlul lor the CJovernor in Council to join in the appoint- 45 ment oi the said Commission on such terms as he shall •yo— 6 think proper, and to iii)poiiit oiio or more persons as mem- bers ol the said Commission ; and in the eviMit of any such appomtm.Mit, the said Commission shall have the powers hereby conferred on the (Jovernor in Council, and the deci- 5 sion ol the said Commission shall be Jinal and conclusive to the extent to which the same are linal and conclusive by virtue ol the provisions which may be made by the State of ^'"''"" ^" "^ ' Uniti'd States of America. Michigan or the iA 1 nV^' ^^^" ^''"'^ hndgi- shall ))e constructed, the Company 10 sliall have power to construct, purchase, charter, own and navigate scows, boats and steam and other vessels for the purjiose of crossing the said KiverSte. Marie, and of carrvimr the purpose ol traflic m connection with the railway, and shall also have power to make tralHc arrangements with any line or hues of steam vessels or other water craft tradin"- 20 Lake Superior. * ou 13. In addition to the powers and rights conferred by sec- tion nine of " Tlie Comnlidnted Rnilnui,; Act, 187'J," or of any Act relating thereto which may be jiassed durino' the present session of Parliament, and uotwithstandino^ ^5 anything therein contained, the Company may, without the assent of the proprietors th(M-eof, acquire for the pur- poses ot the undertaking and hold on the sides of or aloim- the hue of the railway, wherever it may be needed for the erection of snow-drift fences or barriers, such addi- ;^0 tional Ijreadth of land as may be requisite and necessary so as to prevent the ob.struction of the line by driftiii"- snow • and the sections of th(! said - Consolidaiel Raihoai/ Art 187!>," under tjie heads of " I'owers," "Plans and Survevs,'' and " Lands and their Valuation," so Jar as may ))e, shall S5 iipply to the addilional i)owers hereby given. i:$. The per.'-ons named in the first section of this Act shall be and are hereby constituted provisional directors of the Company (of whom twelve shnll be a quorum), and shall hold olhce as su.h until th.' lirst election of directors 40 under this Ad. The provi.sional directors .shall have povA'er forthwith to open stock books and procure subs.riptions of stock for the undertaking, and to receive payments on account of stock subscribed, and to deposit in any chartered bank of Canada all moneys received by them on account of Ah stock subscribed and to cause surveys and plans to be made and executed; and upon a siiilieient subscription of stock bein;r ol)tained as hereinafter provided, they shall call a meeting of the shaivholders of the Company for the election of directors. 79—7 II. Tht> f!iipital 8tOi-k of the Coia|)any hIuiII be iwo million oi' dollars, to bo divided into shart's of oiu» liundrcd dolliirs t'uih ; and the money so raised .shall l»i> applied in the lirst plare to (he payiiieni of all fetss, expenses and dis- huisemenls i(>r piocurin'^' the passing' ol this Act ; secondlv, 6 lor makinu; or aeqtiiriniy the surveys, plan* and esliniates connected with the works hereby authorized ; andallliie remainder of such money shall l)e applied to the miikinL;', e(juippini!', completing and maintaining' (»|' ihe saitl railway and uliier purposes of this Act. 15. When and so soon as shares to the amount ot two hundred thousand dollars in tho capital stock of th(» Company liave been sultscril)ed and ten per cent, paid thereon, the provisional directors shall call a 'general meetiiii;' of the subscribers to the said capital stoctk, at the city of 15 Toronto, for the jnirpose ol ejectiunr directors of tho Company, giving at least two weeks' notice by pul)lic advertisement in the Cdtimhi Gazette and in a Uiuvspaju'r published in ihe city of ''J'oronto and in one published in the city of Hamilton, of the time, placu and purpose ol' such 20 meeting'. lO. The mayors of thi! cities of Toronto and Hamilton and the warden of the county of Simcoe shall be ex-o/ficiu direi tors of the Company. 17. There shall be twelve directors, exclusive of the 25 mayors and warden in the last preceding section named, who. together with the mayors of the said cities and the warden of the .said county, shall manage the affairs of the Company, ni;e a quorum ; and the said board of directors nuiy employ one or more of their meml)ers as paid 30 director or directors ; and no person, except the mayors of the said cities and the wardeii of the said county, shall be quali- iied to l)e elected a director, un^'ss he be a shartdiolder hold- ing at least twenty shares of the stock of the Company absolutely iji his own right and is not in arrears for any 35 calls made thereon. The president, vice-president and a majority of the board of directors shall be Ihitish subjects. IS. At the Rrst general meeting the shareholders who have paid ten iier cent, on the capital stock subscribed by them, shall elect the directors who shall hold olHce until the 40 iirst annual i^vnoral meeting thereafter. 1!>. The annual general meeting shall be holden on the .second AVcdnesday of the month of February in each year, or such other day as the directors may by by-law from time to time enact, at the city of Toronto "or at the city of Ha- 45 milton, notice of which and of the holdnig of aiiy gem'- ral meeting of shareholdeis (allofwhi h meetings shall be 7y~« t '• i holdt'ii 111 llic said .ity of Tdroiili) or ih." city lA' Hamilton, OH th<' ilirt'ctors may I'rom linn' to liiuf l)V by-law direct) Nliall l»(' liivt'ii Ity pxiblif adv»'iti>.'mt'iil iiis.'ili'd in ihi» Ciinmla (luzdle and in a iic\vs|)ai)tT puMishcd in I ho 5 city <>r Toronto and also in a newspaper puhlishrd in thn city oC Hajnillon. al Irasl two weeks bi-fon" the day iiamt'd lor the holdinyol'suc!! mcctinu'; and in the said noliee sliall he specilied the partieular iilaee in tlie said cily ol Ton-iilo or Hamilton w lieri' >n]\ ni 'etiim' i -^ to he held. 10 ^<>. No call shall he math' ibv more than ten jier erutura at any one time on I ho amount suhserihed, intr sliall morn than iil'ty per rentiim ol the stock be .ailed up in any one year. 21. The directors ol' the Company elected by tho share- 15 holders may make and issue as paid up sUn-.k shares in the Company, whether subscribed lor or not, and niav allot and hand over such stoek and the moitua^e birnds oY the Com- pany in payment of ri<)-ht of way, plant, ndlino- stock or materials of any kind, i:id also for "the services ol' , for sums not less than one hundred dollars ; and any'' such 40 promissory note, made or endorst>d by the Tresident or Vice-President of the Company, and countersign(>d by the Secretary and Treasurer of the Company, and under the authority,. general or special, of a majority of a quorum of the Directors, shall be binding on the Company ; and every 45 such promissory note or bill of exchange so made, shall he. presumed to have l)een made with proper authority until the contrary be shewn ; and in no case shall it be necessary to have the seal of the Company affixed to such promissory 79—9 note or bill of exchange, nor shall the said President or Vice- 1 resident, or the Secretary and Treasurer be individually re- sponsible for the same, even if the same bt> made, accepted or endorsed by him or them on behalf of the Company, provi- ded the consideration for the said bill or note was received bv 5 1 he Company, unless the said promissory note or bill of exchanp. has been issued without the sanction and authority ot the iJoard ol Directors as h(^rein provided and enac^ted • Tro- yided however, that nothino- in this section shall be nonstrued toautiiorize the Company to issue notes or l)ills of exchaiK^e 10 payal)le to bearer, or intended to be circulated as monev or as the notes or bills of a bank. 3-.^ The Directors of the Company, after the sanction of the .^h.nvholders shall have b(-cn ihst obtained at any special -en.'ral meetino- to be called from time to time ibv such 15 purpose, shall have power to issue bonds, made and signed by the President or VJce-IVsident of the Companv and countersigned by the t>ecr<"tary, and under the seal of the Company, for th(> purpose ol' raising money for prosecntiiiff each of he said sections of the said undertaking ; and such 20 bonds shall without registration or formal conveyance be taken and considered to be the lirst and preferential claims and charges upon thfe section for the purpose of which the same may be issued and the tolls and proiierty, real and personal, of and belonging to each of the said sections then 25 existing and at any time thereafter acquired, after deduc- tion Irom such tolls and revenues of the working expenses of he railway and the bridge, respectively ; and each holder ot the said bonds shall be deemed to be a mortga^-ee or in- cnmbrancer upon the said securities, respectively, pro rata 30 with all the other bondholders of their resjiective sections ' J-rovided however, that the whole amount of the issue of bonds on the railway section shall not exceed in all the sum oi twenty thousand dollars per mile, to be issued in proiior- tion to the length of railway constructed, or under contract 35 to be constructed, and on the bridge section the sum of six hundred thousand dollars ; and provided also, that in the event at any time of the interest upon the said bonds remaining unpaid and owing, then, at the next ensuing annual general meeting of the Company, and at all 40 other general meetings as long as the said default shall con- tinue, all holders of bonds-shall have and ])ossess the same rights, privileges and qualifications for directors and for voting as they would have had if the bonds they held had been shares proNided that the bonds and any transfers 45 thereol shall have been first registered in the same manner as IS provided lor the registration of shares ; and it shall be the duty of the Secretary of the Company to register the same on being required to do so by any holder thereof; and the Company may provide for the paym<>nt annually of a 50 sum by way of a sinking fund towards the payment of the 79—10 • 10 15 • I 25 principal of the saul bonds, and such sinking fund may b'^ 1'ivo.stcd m the IV puvcha.so or rodouiption of (ho bonds of tho Company ; and it shall bo lawful for any other railway coiupaiiy or companies whose line or Hues caii .-onnect with & the railway hereby authorized, l)v means of runnin'r powers toag-reefor the loan of its or their credit, either by direct guarantee or Irailic contract or otherwise, to secure the i>ay- inent of the interest or the sinking fund or any part of the interest or sinking fund of siicli bonds. 10 25. The Company may secure such bonds by a deed or deeds of mortgage executed by the Company, AVith the authority of its shareholders, expressed hv a resolution passed at such special i-vneral imn'tin"-; anil any such deed may contain such description of the irropertv lo mortgaged by su.h deed, and such conditions respt-ctin'.- the payment of the bonds secured thereby and ol the interest thereon, and the remedies which shall be enjoyed by tlie holders of sucli bonds or by any trustee or triistees lor them m default of such payment, and the enforcement JU of such remedies, and may provide for such forfeitures and penalties m default of such payment, as may be approved by such meeting; and may also contain, with tfie approval aforesaid, authority to the trustee or trustees upon such default, as one of su.h remedies, to take possession ot tfie railway and property mortgaged, and to hold and run tluM-ailway on the railway section, and to work the bridge on the bridge section respectively, for the bLMiefit of the bondholders thereof respectively,' for a time to be 1 united by such deed, or lo sell the said railway ami dU prop(>rty, or bridge and property, after such d.day and upon such terms and conditions as inav be stated in such deed; and wath like approval anv such deed mav contain provisions to the effect that upon such default and upon such other conditions as shall be described in such 6b deed the right of voting possessed by the shareliolders of the Company shall cease and determine, and shall thereafter appertain to tlie bondholders : and such deed mav also pro- vide for the conditional or absolute caiiC(dlation lifter such safe of any or all of the shares .so deprived of voting power, 4Uand may also, oither directly by its terms, or indirectly by reference to the l)y-laws of the Com.^anv. provide for the mode of enforcing and exercising the powers and authority to be conferred and defined bv such deed, under the pro- visions hereof. And such deed, and the provisions thereof, 45 made under the authority hereof, and such other provisions tliereof as shall purport (with like approval) to grant such lurther and other powers and privileges to such trustoR or trustees and to such bondholders, as are not contrary to law 'A r l"" P Pi'ovisions of this Act, shall be valid and binding ; ou but If any change in the ow^nership or po.ssession of the said railway and property, or bridge and property, shall 79—11 ^ at any time take place under the proviNioJis hereof, or ol' any such deed, or in any other manner, the said 1 way and bridi^e property shall continue to be held and railwi oporattnl under the prcn-isions hereof and of " The Con- sofidahid Railwai/ Act, 187!V" and of any Act which may })e 6 passed during the i>resent s(>ssion of Parliamcmt relatin"- thereto, as hereby modified. ° 2«. The bonds authorized by Ibis Act to be issued by the Company, may })e so issued in whole or in part in the deno- minal ion of dollars or pounds sterlinq-, or in either or both 10 of them ; iind the coupons may be for jinvment in denomina- tions similar to those of the bond to which they ar(> attached, and payable at such plac(^ or places in Canada* or elsewhere,' and bearing such rale of interest, as the Directors may think proper. A ad the whole or any of such bonds may be 15 pledged, negotiated or sold iipon such conditions and at such price as the Board of Directors shall Irom time to time determine. 27. It shall not be necessary, in order to preserve the priority, li(>n, charge, mortgage or ])rivilege, purporting to 20 appertain to or be created by any bond issued, or mortgage deed executed, under the provisions of this Act, that such bond or deed should be registered in any manner, or in any place whatever. But every such mortgage deed shall be depo- sited in the office of the Secretary of State of Canada, of which 25 deposit notice shall lie given in the Canada Gazette. And m like manner any agreement entered into by the Company under section thirty-three of this Act, shall also be deposited in the said oflice. And a copy of any such mortgage deed, or agreement, certihed to be a true copy by the Secretary of' 30 State or his Deputy, shall be received as/ninu/ facie evidence of the original in all courts of justice, without proof of the signatures or seal ujion such original. 2S. The Company may, from time to time, for advances of money to be made thereon, mortgage or pledofe any bonds 35 Avhich they can, iinder the provisions of this^Act, issue for the construction of the railway section or bridge section but only ibr the purposes for which such bonds have been issued. 29. All the bondi, debentures, mortgages and other 40 securities hereby authorized, and the ccmpons and interest warrants thereon respectively, may be made payable to bearer, and shall in that case be transferable by delivery ; and any holder of any such bonds, debentures, mortgages 'or coupons so made payable to bearer, may sue at law fhereon in his AH own name, unless and until registry thereof in the manner provided in this Act, and while so registered they shall be transferable by written transfer, registered in 'the same 79—12 10 20 25 30 35 10 ?5 manner as m the raso ol' shaivs, but thoy shall ap-un h.romo ranslerable by dchvory, upon ili.. rcoisl ration ol' :i (ransfer to l,oar,.r, which the Com])any shall br boun.l (o iv-i,!, , on the demand ol the registered holder lor the time bein.r ' 6 »0 The Company may re.eive from the (iovernnient of Canada or Irom the (Government of any of th(^ riovinces or liom private individuals or munieipal or other corporations who may have power to make or giant the same, inonev or securities for money in aid of the .•(,nslru<'li(m,e(iuipm,'nl'and 10 mainteiianceollhesai.l railway and biidnv.ai.d the samemav be received by way of bonus or oift or by way of loan. And in like manner and for the same pih-pose the Company mav receive take and hold grants of land from either or any of the said Covernmenis or from private individuals, munic'ipol 15 or other corporations who inav have power to "rant the same, and upon accepting- such aid from either or aiiv of the (governments aforesaid, may agieo to give su-di runnn,..- powers to,or to make such 1 laliic arrang-enients with any otlun- railway compan.v or companies, as the said (^.overn.nent may -U require to be made or given, as acondition of such -rant • but nothing herein contained shall render it lawful fo" the(:om-- pany to make any arrangement whcivby one company may ot)tain advantages over any other company. »l. The Company may hold, and may alienate and mort- 2o gage any lands that may be granted to it, not required for the purpos.^ ol the undertaking, and apply the proceeds tlieieol lor the purposes ol the undertakin'T- «2. The Company shall make running arranaements with, and give running powers to any railway company or 30 companu^^ 111 the Dominion of Canada (whether incoJ-po- la ed by the J)ominion or any of the Provincial J.effislatures) whi.h are now or may hereafter be situate on the line or lines hereby authorized, or which touch or cross the same or any hue or lines which connect with any of such lines' 35 upon terms 10 be agreed upon; and .such running power.s shall include a.l proper and necessary facilities in sidin-s lor obtaining iuel and water, and generally for the passim., and working ol the trains of the company or companies exercising the same ; and the iacilities ,so to be given shall 4U be equal to all companies exercising such power.srso that no unlair advantage shall be given to any one company over another m. the use of the said lines ; and all the powers mentioned m this Act shall be so given upon the payment ot a leasonable compensation therefor; and any railwav 45 company or companies as aforesaid which may claim and use the running powers and facilities oyer the line or lines ot the Company as hereby authorized shall grant similar running arrangements and powers over any line or lines of railway which such Company may own or control and 79—13 Uhich may now or may horoaflor I.o situate on, or may touch or cross the same, or anv liiu" or Hues whi.h con^Ji AV.th any of such lines, and all such p^vve itdl be o given and exerc'ised upon the payment o [a reasonable com ponsat.on herefor: Provided (hat the ruiuiin./ ow<^ 5 mentioned m this Act shall not include any rio^U br om ^Z!ll^ ^"='^S^ -participate in, or operate upon o ove the 1 n(. ol any other company, or on any part thereof anv local traffic served by, collec'ted or distributed at, or belo o^ ng to places upon the line or lines of the co njiny ove 10 Avhose lines running pouers are exercised, or at xvh ch si cl ui t hei,that the company or companies exercisin-v the runnint powers as herein provided shall have the ri^ht to tei h n": ihrough tralhc with any other rail wav romjany or comiW^ Nhose line or lines of .railway shall reach to ancronue •? Avith the hues of the Companj- at CaPander 01 S.nlf iT. Mane : and provided lurthei th^t the runni^Vowc"? We^ given oyer the lines of the Companv heivby ii corporit d sha not be extended or -ontinued to^any eoLZ'^wh t 20 Sa3?:;.t^of0Sir^^' ''''''' ^^""^^^^"^' -^^'^ ^^- . 33. It shall b;> lawiul lor the Companv to enter into inv a_^'rec.ment ^vlth any other railway comp u.y ' v ose liiu ?s 0. situa e on the line h,>reby authorized or whose line can on ne.'t therewith, or leasing- th. railway liereby authoriVec or any part thereof, or the use thereof at any tLe o t nes or lor leading or hiring from any such other compan ^nv ailway or part thereoi; or the use thereof, or for G,o oV 30 hiring any locomotives, tenders, plant, or any Itocl o^her property, or either or both or any Jart thereof, or < oufchin ' mv service to bo ivndered by the one company o the other" 'J the compensation therefor : Trovided the arrai ige im'nts or agreements therefor shall be approved of by Co-thh-ds 35 ot the shareholders voting in person or by proxy at a sneci d general mee ing to be called for IhatVuriiL uT'nv company ^vho may become su.h lessee Xll be W IS authorised and .empowered to exercise a 1 the riXtt jmd privileges n this Act conferred : Provided also th-t 40 u'v inrrfhe^of ^T=n"' ^^/^^-^^y herebV autSed" '' any pait tfiereol shall not take eiiect unless .mrl ,,„fii approved of by the Governor Generd in Cound • 1^^^! ' lurther, that the company who may become lessees hereof and the railway leased shall be subject to all thl obli Ations 4^ hereby imposed on the Company hereby incorpoiS 34. In order to afford reasonable farilitie- to si! -— -,, • nectfd, mediately or immedialely, with the railway of tho Company hereby .ucorpora^M io| the receiviug, Karfilg! 60 10 15 10 5 doli\ Avay ■eying, ill!,. rchange and working of traffic unon of the soveral raihvavs b,.ln„.n-,f.v f '„'',. '^' dh and h shall, Jor the purposes of all tr 5 passengers and tl modation for indud leir b o or \vorked by .siH'h ^)y incorporated vt-T, w lie the r alHc whatso( ex aggage, including the usual aecom- .shall mi press matter, or J'reinht ,,{' ino stock and niinen.ls, and whcih originate or tenninat liny description, ' or such tral]i( 10 companies or either oft) som )thei mediately or immediate] ui)on I he railway systeins of such H'ui. or come irom or "be destined to carriers conned in"' r railway or railways or other . , i . ----- — ...I. i V \\11H (III ticket, bill, invoice and forward (h Its railway from such y with them, at all t (rain. destinatio) 1, an d del eonnectiiii lines receive, ui)on and over 15 either in linal del iveranyand all such traffi point ■• , .Tudge.s of one of the Superior Courts of Ontario ; and in the vxcni of either of the said companies refusing or neglecting to appoint such arbitrator for the space often days after being req\iest(>d or notified so to do by the other company, then the said Judge t-hall appoint such arbitrator for the companv so neglectin"" or refusing ; and the decision and award of the saidlirbitnr- tors, or a majority of them, shall be final and binding on the said companies, and may be enforced in any court of law or equity having jurisdiction in the promises. 36. The Company shall have full power and authority to construct, work and operate such line or lines of telegraph 30 in connection with and along the line of their railway and branches as may be necessary or xiseful for the purposes of their undertaking, and may also, pending the construction of the bridge over the RiA-er Ste. Marie by this Act authorized, lay, maintain, keep in repair and operate a su])-aqueous 35 electric telegraph cable across the said river ; and for the purpose of constructing','w^orking or protecting the telegraph lines to be constructed by the Company on their line of railway, the powers conferred on telegraph companies by the Act chapter sixty-seven of the Consolidated Statutes of 40 the late Province of Canada, intituled, '' An Act respecting Electric Telegraph Companies," are hereby conferred on the Company ; and the other provisions of the said Act for the working and protection of telegraph lines shall apply to such telegraph lines constructed by the Company. ' 45 37. Conveyances of laud to the Company ibr the purposes of and exercise of the powers given by this Act, made in the 79—16 10 15 20 25 50 \6 [0 :5 form set out in tho s.hodule heromidor writUm .n^vl^.^ A he like effort, shall be sufficient ..onveyauc'otrfw'''^ their successors and assijrns.ol'the (-statV- ml i, ? *''^'-'«"^P''"iy. ciont bar of dower rosm°ti veil n '.i '»terest,and suffi- 5 same; and such com^;:a:i^h:it Sere^^^^^ ^'^ =the;4ir^rors;L^^ I)uny may own, charter or navio-ate on tliP .. l^ ,^°™' which may be run in .onnec ion wit h^ i ^'''^^' ^' heivbyaiithorized- 'ind tbornri^,. < he said railway any such purpose. ""'' '"• '^°""<' ™P'-''""ottS to,- SCHEDULE A. Know all men by these mesenfs i>i.,f r / \ /• paid to mc (»,;u.) by the Nonhem, Nonh-Woste™ and sin T purposes of their railway oLidJ'i ,P^«^I^^^^i^, *°^' ^^^ thif ' ^'it-ess my (o. our) hand and seal (.. hands and seals) and ^ °''^ thousand eight hundred Signed, sealed and delivered ) in the presence of \ CD. 79—17 A. B. LS. SCHEDULE J]. And vvhoreas in llie course of th.« debate upon the Cana- dian lacific Kailway Act ••ertain (|ue«tions arose whi.h the oontraclors present at Ottawa deemed it exj)edient to meet by aore,ino that this Company AvouJd enlrv into ertain Tinder akings M'lth tlie (Jovernment of Canada so soon as i should be organized, and it is exi)edient to provide Ibr enter- JvSu'; ."i r .Vr*'';?"'"'"'*' • /^'h^^^-^^«'''' ^^ is unanimously u-sohed that this Company is prepared to enter into an agreement with the Dominion Government to the eflect ih owing:, that is to say : il any Company other than the Can la Contral 1 ailway Company l,uilds a line from any point on he Caiuuhan racilie Kuilvvay at or about the Wharnapit r ver to any point on Lake Huron or Lake Superior, or on the river Ste.Marlc^s^lch Company shall have runnino- j.oweis over he Canadian Paciiie Railway from the point of junction to Callander fetation on condition that such Companv shnll grant to he Canadian ]'acilie Railway Company similar • reciprocal running powers over its railway west of sur^li point ol ,unction.-ln the event of the Coinpaiiv mr! chasing, acquiring, amalgamating with, leasing or Koldin- and operating the Canada Central L-ailw^y. the sakl ( allander fetation shall continue to be a neutral or receiv- ing and distributing point common to the Canada Cen- tral Railway and any railway in the I^rovince of On- ario, running southward from said Callander Station, and m that u'ase all traflTu! to or from any point in the West or iNorth-l\ est coming from or destined for any such Ontario railway shall be carried to or from Callander Station at the same mileage rate as similar, tralfit. to or from such point coininglrom or destined for the said;Canada Central Railway • and such nnleage rate shall not be greater than the averaoe rate per mile charged ibr similar tiaffic Irom the iwint of Shipment on the Canadian Pacilic Railway to the point of des- tination on the Canada Central Railway, or from the point ol shipment on [the said^Canada Central Ifailway to the point oi destination on the Canadian Pacific Railway as the ease may be And lor the purposes of this section the word traftc mc udes not only passengers and their bagffaffe goods animals and things conveyed by railway, but afso cars, trucks and vehicles of any description adapted for running over any railway if olferedjfor carriage as freight iiut this agreement shall not be construed as consentin«T to any running powers by any railway over the Canadian 1 acihc Railway. This agreement to be subject to the con- aitious as to special rates for the purchasers of land, or for emigrants, or intending emigrants, which are contained in the twenty-fourth section of the charter of this Company It at any time the Canada Central Railway should be pur- chased acquired, leased in perpetuity by, or amalgamated with this Company, such amalgamation, acquisition, pur- 79—18 chase or lease shall bo made subject to the cxi.stiiiff loiral obligations o that Company created by its charte «r anv amendment thereof in respect of running powers or rS arrangements, as well as in respect of the matter and thTn^s referred to m the letters patent incorporating this Companf! 79-19