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'c*l

Photographic

Sciences
Corporation

23 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 872-4503

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J\k

EXTRACTS

FROM DOCUMENTS

AM) Al.sf,—

LETTERS AND EVIDENCE.

l<l-;i.AT[\r. T(_) TIIK RKIHTS (')'-' TIIK

GRAND TRUNK RAILWAY COMPANY

OK (WNADA,

iu<:t\vl:k\ (,)uke\ street, and i'iie east exd of

THE esplanade, IN THE

CITY OF TORONTO,

►•^■*-

THE EXTRACTS ARE lAIvEN FROM THE DEEDS
IN THE ORDER OF THEIR DA'I'ES. •

BELLEVILLE:

HR1NT::Ii at TIIK INTKI.LIUKNCKR OFFICK, liKl.l.l.VlI.l.K, ONTAKIO.

1880.

BE1

EXTRACTS

FROM DOCUMENTS,

-AND ALSO—

LETTERS AND EVIDENCE,

RELATING TO THE RIGHT OF THE

GRAND TRUNK RAILWAY COMPANY

OF CANADA,

BETWEEN QUEEN STREET AND THE EAST END OF THE
ESPLANADE, IN THE

CITY OF TORONTO.

THE EXTRACTS ARE TAKEN FROM THE DEEDS
IN THE ORDER OF THEIR DATES.

BELLEVILLE :
PRINTED AT THE INTELLIGENCER OFFICE, BELLEVILLE, ONTARIO.

1880.

AGREEMENT

BETWEEN THE CITY OF TORONTO

AND THE

GRAND TRUNK RAILWAY COMPANY

OF CANADA.

Dated, 2ist January, 1856.

THIS agreement, made the 21st day of January, in the year
of our Lord 185^, between the Mayor, Aldermen and Common-
alty of the City of Toronto, of the first part, and the Grand
Trunk Railway Company of Canada, jf the second part.

WHEREAS, by certain article, of agreement, bearing date
the 4th day of January, in the year of our Lord one thousand
eight hundred and fifty-four, the party hereto of the first part
contracted "ith Casimir S. Gzowski, D. L. Macpherson, L. H.
Holton, and A. T. Gait, for the construction of an Esplanade
along the front of the City of Toronto, upon the terms and con-
ditions in the said articles of agreement mentioned : and whereas
the said C. S. Gzowski, D. L. Macpherson, L. H. Holton, and A.
T. Gait, commenced operations under the said contract, and have
performed part of the work therein contracted to be performed,
and have certain claims and demands against the said party
hereto of the first part, under the said contract :

AND whereas the said party hereto of the first part has declared
the said contract at an end ; and whereas the said party hereto of
the second part have agreed to assume the settlement of all claims
and demands by the said Casimir S. Gzowski, D. L. Macpherson,
L. H. Holton, and Alexander T. Gait, against the said party
hereto of the first part, and to relieve and indemnify the said
party hereto of the first part from all the said claims and de-
mands :

And whereas, under the provisions of an act of the Legislature
of this Province, entitled "An Act to authorize the Grand Trunk
Railway Company of Canada to change the location of their line
in and near the City of Toronto," the said party hereto of the first
part are authorized and empowered to contract with the party
hereto of the second part for the construction of the said Esplan-
ade, or of any portion thereof. And whereas the said party hereto
of the first part are desirous of contracting with the: said party here-
to of the second part, for the construction of the works hereinafter
mentioned.

Now these presents witness, that the party hereto of the first
part, for themselves and their successors, and the party hereto
of the second part, for themselves and their successors, mutually
covenant, promise and agree, the one to and with the other, as
follows : —

First. — The party of the second part agree to assume the settle-
ment of all claims existing between C. S. Czowski, D. L. Mc-
Pherson, L. H. Holton, and A. T. Gait, and the party hereto of
the first part, and to indemnify and relieve the said party of the
first part of and from the same.

Second. — The parties hereto agree forthwith to submit the
said claims, as matters in dispute between them, to the award,
final end and determination of A. M. Ross and T. C. Kcefer,
Esqrs., and of a third arbitrator, to be chosen by the persons so
named before proceeding with the said arbitration, and the parties
hereto mutually covenant the one with the other, for themselves
and their successors, that they will vrell and truly stand to, abide
by, perform, fulfil and keep any award which may be made by
the arbitrators so named and chosen or by a majority of them.
Provided that such award be made in writing, ready to be de-
livered to the said parties, on or before the first day of March
next, the said arbitrators, or a majority of them, to have the
power to enlarge the time for making their award by writing,
under their hand, and to examine all persons a- id witnesses upon
oath. Provided always, and it is hereby agreed, that the said
party of the first part shall be at liberty, before the said arbitra-
tors, to dispute the quantity and prices of work, and materials
charged for, by the said C. S. Gzowski, D. L. Macpherson, L. H.
Holton, and A. T. Gr.lt, and each and every claim made by
them in like manner, as if such arbitration had been made be-
tween the said C S. Gzowski and his said partners and the party
of the first part.

Fourth. — The party of the second part covenant as aforesaid
forthwith to proceed with the construction of a Railway Track or

Way forty feet in width, with all necessary slopes in cuttings, in
the proportion of one-and-a-half horizontal to one perpendicular,
along the front of the City of Toronto, on the line and in the di-
rection marked, on the plan hereto attached, and which shall be
taken to be part of the contract.

Fifth. — The party of the first part covenant as aforesaid, that
in consideration of the sum of ;^io,ooo of lawful money ot Can-
ada, to be paid to the party of the first part by the party of the
second part they shall and will guarantee the exclusive right of way
for the said forty feet track, along the said line, from Brock Street
to Parliament Street, as shewn on the said plan, to the said party
of the second part and their assigns, and shall and will indemnify
and save harmless the party of the second part and their success-
ors, of, from, and against all claims and demands whatsoever, of
or by all person or persons whomsoever, for or by reason of the
construction of the said forty feet tract, and the said slopes, and
shall and will pay and discharge all claims for land, damages, and
all costs and expenses of any arbitrament or other legal proceed-
ings which may be necessary, or may be incurred in consequence
of the construction of the said tract of forty feet and slopes. It
being expressly declared and agreed between the parties herttO,
that the party of the second part shall not for or by reason of the
construction of the said Railway Track and Slope, be subjected
to the payment of a larger sum than ;^i 0,000, for any cause what-
soever.

* # # #

Seventh. — The said Railway Track of forty feet in width, with the
said slopes, to be constructed by the party of the second part, in
such manner as may be considered necessary by the Engineer
appointed by them to superintend the construction of the same.
Provided always, that no alteration in the line so marked on the
plan hereto annexed shall be made without the consent of the
party of the first part, and that the proportion of one-and-a-half
to one be observed.

Eighth. — The party of the second part covenant as aforesaid, that
in the construction of the said Railway Track they shall not and
will not obstruct the escape of the present public Sewerage of the
City.

And the party hereto mutually covenant the one with the other
for themselves and their successors, that they will well and truly
stand to, abide by, perform, fulfil and keep any award which may
be made by tne arbitrators so named and chosen, or by a major-
ity of them, or by such arbitrators as may be hereafter named and
chosen, as hereinafter provided, so that their award may be made

in writing, under the hands of the said arbitratorsor of a majority

of them.

# # # *

Fourteenth.— The party of tlie second part further covenant as
aforesaid, that they shall and will well and truly pay to the said party
of the first part the said sum of ^10,000, upon the said party of
the first part assuring to the said party of the second part and
their assigns the exclusive right of way over, upon, and along the
said railway track of 40 .oet.

Seventeenth. — And whereas, doubts have been entertained as to
the liability of the party of the second part, to make and erect
bridges and crossings over and upon the said tracks for and by
reason of the occupying and using the same by the party of the
second part as a Railroad Track. It is hereby expressly declared
and agreed, tiiat the party of the first part shall not require the
said party of the second part, to build, find, or procure any
Bridges, Ramps, Crossings, or any other approaches whatever,
over, along, or to the said Railway Track ; but shall provide all
such, if and whenever recjuired, at their own expense j it being
the intention of the parties to these presents, that the party of the
first part, for and in consideration of the said sum of ;^io,ooo,
so to be paid as aforesaid, do guarantee and indemnify the party
of the second part of, from, and against all claims and demands
whatever, for or by reason of the Railway of the party of the sec-
ond part being placed on said track of 40 feet.

Eighteenth. — The party of the second part do further agree,
that they shall and will assist the party of the first part, in so far as
may be necessary in contracting for, or constructing the Esplan-
ade along the front of the City of Toronto, under the second sec-
tion of the Act passed in the 1 8th year of Her Majesty's reign,
Chap. 175 ; and fixing upon and determining the plan and site of
the said Esplanade, and in taking any other benefit under the
said act for the purpose of conferring upon the party of the first
part the powers mentioned in the said act concerning the said
Esplanade, if the party of the first part shall deem it advisable to
require such assistance ; the party of the first part agreeing to pay
all costs and expenses thereby incurred. And the party of the
first part agree that they shall not let to contract nor construct
the Esplanade, or general earth-filling until after the party of the
second part shall have completed the said Railway Track and
Slopes. Provided always that the party of the second part shall
use all reasonable expedition to finish the said Railway Track
during the present year. It is also mutually agreed that the party
of the first part shall not interfere unreasonably with the party of

■>

the second part, nor shall the party of the second part interfere
unreasonably with the party of the first part, either in the forma-
tion of the Railway Track, or after the construction and occupa-
tion of the said Track by the said party of the second part, or in
the construction of the said Esplanade; but each shall and will
afford all proper facilities to the other.

And whereas the track ot the Ontario, Simcoe and Huron Rail-
road Company passes upon that part of Front Street aforesaid,
which will be required for the slope in the construction of the
said track of the party of the second part, and it is necessary that
some provision should be made in reference thereto :

Now these presents witness, that it is mutually agreed between
the said parties of the first aud second parts, that if the said party
of the first part shall at any time within one calendar month from
the execution of these presents desire to make any deviation from
the location of said track of the party of the second part, as
laid down upon the said plan, so as to prevent interference with
the said track of the Ontario, Simcoe and Huron Railroad Com-
pany, then that the said party of the second part, on notice there-
of within the period aforesaid, shall proceed to execute their
said track upon that part thereof lying between Bro':k and Bay
Streets, on such part of the frontage of the said city i shall not
be further south than twenty six feet from the southern linr of the
said forty feet, as laid down on the said plan ; and all the coven-
ants, agreements, and provisions herein contained and applicable
to the said forty feet track, as laid down on the said plan, shall
be applicable to the said substituted track as fully and effectually
to all intents and purposes as if such substituted track had been
the track originally laid out on the said plan, and had been
specially referred to in all the provisions of these presents.

AS witness the hands and seals of the said parties, the day and
year first above written.

(Signed) Q. W. ALLAN,

Mayor.

[L.S.] (Signed) JOHN ROSS,

President Grand Trunk Railway
Company of Canada.

(Signed) A. T. McCORD,

Chamberlain.
Signed^ sealed and delivered in
presence of
(Signed) C. GAMBLE.
(Signed) W. SHANLY.

'?■

Toronto, 21st January, 1856.

SiR,-

At your request I hereby consent and agree that the track of the
Northern Railway, along the south side of Front Street, between
Bay and Brock Streets, shall continue to be left where it is until
the 15th day of June now next ensuing; and further, that we
will construct our forty feet track for the City, and accept it
under an agreement with the City (if notice be given by the Cor-
poration within one month from this date desiring us so to do),
along the outside line of the proposed Esplanade, as shown and
pointed out by Mr. Shanly in pencil, on the plan which we have
signed ; and further, where the said forty feet track touches the
old line of Esplanade, the line to be carried along the south side
thereof, subject to all the conditions, covenants and provisoes
contained in the agreement this day executed between the City
and ourselves, if the City desire such change within one month
from date.

(Signed) JOHN ROSS,

Pres. G. T. R. Company.

To G. W. Allan, Esq.,

Mayor of Toronto.

P. S. — The covenant in our agreement with respect to the patent
for the property embraced in the license of occupation of 29th
March, 1853, I shall endeavor to get carried out as speedily as
possible Mr. Wilson requested Mr Attomey-Genv "al Macdonald,
in my presence, to get it ready as speedily as possible, and I have
no doubt that this is being done according to the terms read over
by you in piesence of Mr. Macdonald and Mr. Cayley, when we
met to agree upon the terms embraced in our present contract.

(Signed) JOHN ROSS.

Council Chamber, Toronto, Feb. nth, 1856.

Resolved. — That tht Solicitor of the Corporation be instructed
to give notice to the Grand Trunk Railway Company of Canada,
pursuant to the agreement of the 21st January last, that they are
required to remove their forty feet track from the foot of the
slope, so much farther south as will prevent interference with the
track of the Ontario, Simcoe and Huron Railroad Company.
Communicated by the City Solicitor to

The Hon. John Ross, President G. T. R. Co. of Canada.
February 19th, 1856.

*t / t

-^ '

Copy of Report of Standing Committee on
Wharves, Harbors, &c.

To the Worshipful the Mayor, Aldermen and Commonalty of
the City of Toronto, in Common Council assembled.

The Standing Committee on Wharves and Harbors beg leave
to bring up the first report.

That inasmuch as the arbitrators appointed between the City
and the Grand Trunk Company, under the contract entered into
between them, under the date of the 21st January last, have been
as yet unable to meet to enter upon such arbitration. And
whereas, it may be doubtful whether the time for such arbitration
may not expire before any meeting of such arbitrators.

The Committee hereby recommend to the Council to adopt a
resolution, agreeing to enlarge the time for making any award to
be made, under the said contract, for the period of two months
from the date.

All of which is respectfully submitted,

(Signed) GEORGE A. PHILLPOTTS,

Chairman.

Adopted in Council 21st February, 1856, and communicated
same day by the Clerk of the Council to the Hon. John Ross,
President of the Grand Trunk Railway Company.

-i, .;/

Award. Dated April 21st, 1856.

TO all to whom these presents shall come. We, Alexander
McKenzie Ross, of the City of Montreal, Esquire, and James
Cobby Street, Esquire, send greeting.

WHEREAS by a certain agreement bearing date the twenty-
first day of January, in the year of our Lord one thousand eight
hundred and fifty-six, between the Mayor, Aldermen, and Com-
monalty of the City of Toronto, of the first part, and the Grand
Trunk Railv ay Company of Canada, of the second part, it was
among other tl.ngs witnessed that the said parties thereto did
mutually covenant, promise and agree the one to and with the
other that they the party of the second part would forthwith pro-
ceed with the construction of a Railway Track or way forty feet
in width, with all necessary slopes in cuttings in the proportion
of one and a half horizontal to one perpendicular along the front
of the City of Toronto, on the line and in the direction marked
on the plan attached to said agreement, which it was agreed
should be part of the said agreement

AND whereas by the said agreement the parties thereto did
agree to submit certain matters in dispute between them to the
award, final end, and determination, of Alexander McKenzie
Ross and Thomas C. Keefer, Esquires, and of a third arbitrator
to be chosen by the persons so named before proceeding with
the said arbitration, the said parties thereto of the first part did
covenant and agree that they should and would pay to the party of
the second part for the construction of the said Railway Track
and slopes as follows : The prices and quantities of all works and
materials to be fixed by the arbitrators thereinbefore named,
within one month from the date of the said agreement, meaning
thereby of the said Alexander McKenzie Ross and Thomas C.
Keefer, and of the said arbitrator to be chosen by the persons so
named before proceeding with the said Arbitration.

AND the said parties did mutually covenant one with the
other for themselves and their successors, that they would well
and truly stand to, abide by, perform, fulfil, and keep any award
which might be made by the arbitrators so named and chosen or
by a majority of them, or by such arbitrators as might be there-
after named and chosen as in the said articles of agreement is

^ »

provided, so that the award be made in writing under the hands
of the said arbitrators or a majority of them.

AND whereas before proceeding with the said award, the said
Alexander McKenzie Ross and Thomas C. Keefer chose the said
James Cobby Street as the third arbitrator.

AND whereas the said the Mayor, Aldermen and Commonalty
of the City of Toicnlu, and the said the Grand Trunk Railway
Company of Canada under their respective corporate seals duly
enlarged the time limited in the said agreement for the arbitrators
to make their award of the prices and quantities of all works and
materials until the 21st day of April instant.

NOW know ye that we the said Alexander McKenzie' Ross
and James Cobby Street being a majority of the said arbitrators
having taken upon ourselves the burthen of the said reference and
having weighed and considered the matters and things thereby
referred to us, dc award and find :

THAT in the said Railway Track of forty feet wide the neces-
sary slopes on the line in front of the City of Toronto, according
to the plan attached to the said agreement, there will be required
the quantity of two hundred and forty-six thousq.nd cubic yards
of earth-work measured in excavation. There will be required
for passages for escape of the sewerage of the City through the
said Railway Track, thirty thousand cubic feet of timber, and a
brick drain near the Parliament Buildings, will in our opinion also
be required, and as in our opinion other brick culverts will be
necessary for conveying the drainage of the City across the Rail-
way, we do award that the sum of one pound and fifteen shillings
per cubic yard shall be paid fci- the brick work in the asmie, in-
cluding the necessary excavations, and we do award and find that
the sum of two shillings currency per cubic yard measured in
excavation be paid for all earthwork lying to thewestwcrd of the
east side of Beard's Wharf, as shewn on the said plan, which we
estimate at one hundred and si vty thousand cubic yards, and that
the sum of two shillings and three pence currency per cubic
yard be paid for all earthwork lying to the eastward of Beard's
Wharf, as shewn on said plan, which we estimate at eighty-six
thousand cubic yards.

AND we do award that the sum of one shilling and six pence
per cubic foot be paid for the timber required for the passages
for escape of the sewerage of the City through the said Railway
track.

AND we do award that the sum of one hundred pounds be
paid for the said brick drain near the Parliament Buildings.

AND we assess our charges as arbitrators for preparing this our
award at the sum of one hundred and five pounds, which we direct
to be divided equally between the said the Mayor, Aldermen and
Commonalty of the City of Toronto, and the said the Grand Trunk
Railway Company.

IN WITNESS whereof we have hereunto set our hands this
2ist day of April, 1856.

Signed, published arid )

delivered in presence of f

WILLIAM KINGSFORD.

ALEXANDER M. ROSS,
JAMES C STREET.

^ V

-+ i *

Agreement between the Oity of Toronto and the

Grand Trunk Railway Company of Canada.

Dated August 30th, 1856.

THIS indenture made the thirtieth day of August, in the year
of our Lord one thousand eight hundred and fifty-six, between
the Mayor, Aldermen and Commonalty of the City of Toronto,
of the first part, and the Grand Trunk Railway Company of
Canada, of the second part.

WHEREAS by certain articles of agreement bearing date the
twenty-first day of January, in the year of our Lord one thousand
eight hundred and fifty-six, and made between the said parties
hereto of the first and second parts, after reciting a certain con-
tract made between the said parties hereto of the first part, and
certain parties doing business together under the firm of " C. S.
Gzowski & Co.," for the construction of an Esplanade in front of
the City of Toronto, according to a certain plan or specificatior.
to the said contract annexed, and that the said parties hereto of
the first part, had declared such contract at an end, it was agreed
among other things that the claims of the said C. S. Gzowski &
Co. should be treated as claims by and on behalf of the said
parties hereto of the second part, and shall be referred to arbi-
tration as in the said agreement is mentioned and set forth.

AND whereas the arbitrators therein mentioned made their
award of and concerning the matters thereby referred to them,
which award is to be and remain in full force and virtue, not-
withstanding the execution of these presents.

AND whereas in a certain other portion of the said agreement,
it was provided that the said parties hereto of the second part
should construct a Railway Track or way forty feet in width
along the front of the said City of Toronto, according to a plan
and specification thereto annexed, and upon certain terms therein
set forth, and that the said parties hereto of the first part for the
consideration therein mentioned should guarantee to the said
parties of the second part the exclusive right of way for the said
forty feet track according to the line upon the said last mentioned
plan laid down.

AN D whereas since the execution of the said last mentioned
agreement, it has been discovered that an error was made in
locating the said Railway Track of forty feet, and that the said
parties of the first part had not the power to authorize any such
location of the said forty feet track, and it has been agreed be-
tween them to cancel the said agreement of the twenty-first of
January, one thousand eight himdred and fifty-six, so far as
relates to the con-iitruction of the sold forty feet track and the
guarantee of the right of way thereon, and to substitute these
presents therefor.

NOW this Indenture witnesseth that th^ said parties of the
second part do hereby for themselves and their successors, coven-
ant, promise and agree to and with the said parties of the first
part, their successors and assigns, in manner following, that is
to say : —

« « H} »

Sixth. That they the said parties of the second part, shall and
will well and truly pay or cause to be paid to the said parties of
the first part the sum of ten thousand pounds of lawful money
aforesaid for a right of way of forty feet in width over, upon, and
along the southern or front line of the said Esplanade as laid
down on the said plan, and which said track shall be used ex-
clusively for Railway purposes, and which said sum shall be paid
to the said parties of the first part upon the completion of the
said Esplanade according to the terms of this contract and the
guaranty of the said right of way to the said parties of the second
part. Provided always, that before the said work or any part
thereof shall be commenced or proceeded with, a schedule of
prices by which the monthly estimates hereinafter mentioned
shall be governed shall be agreed upon betv/een the Engineers
of the parties hereto of the first and second parts, which said
schedule shall be based upon the quantities of work to be
performed, and the said price or sum of seventy thousand pounds
it being expressly agreed nnd understood that such schedule and
estimates thereon based are only for the purpose of guiding the
Engineer in forming the monthly estimates and are not to be
held or taken in any respect to alter or vary the contract.

Seventh. And the said parties of the first part do hereby coven-
ant, promise and agree to and with the said parties of the second
part, that they the said parties of the first part shall and will
upon the execution of these presents forthwith give possession
of the lanr" upon which the said Esplanade is to be built, accord-
ing to the said plan, to the said parties of the second part, and
upon payment of the said sum of ten thousand pounds as afore-
said, they the said parties of the first part shall and will guaranty

to the said parties of the second part the exclusive right of way
of the same width from Brock Street westward over, upon and
across the Station ground of the Ontario,. Simcoe and Huron
Railroad Union Company to the Queen's Wharf, on the line laid
down on the plan hereto annexed free of charge to the said parties
of the second part, except the expense of preparing the same for
a Railway Track, which is to be at the expense, cost and charges
of the said party of the second part, and also that they the said
parties of the first part shall and will hold harmless and indem-
nified the said parties of the second part of, from and against all
claims and demands whatsoever of ail persons whomsoever for or
by reason or arising out of the construction of the said Esplanade,
or of the works hereby contracted to be performed under this
agreement. It being expressly declared and agreed by and
between the parties hereto, that the said parties of the second
part shall not for any reason whatsoever be subjected to the pay-
ment of a larger sum than ten thousand pounds, for or on account
of the said right of way along the line of the said Esplanade.

AND lastly for the performance of all the covenants and
undertakings herein contained on the part of the said parties cf
the second part, they, the said parties of the second pait bind
themselves and their successors to the said parties of the first
part and their successors in the sum or penalty of one hundred
thousand pounds of lawful money aforesaid, and for the perform-
ance of all the covenants and agreements herein contained on the
part of the said parties of the first part, they, the said parties of
the first part bind themselves and their successors to the said
parties of the second part, and their successors in the sum or
penalty of one hundred thousand pounds of lawful money afore-
said.

IN witness whereof the said parties have hereunto set their
corporate seals, the day and year first above written.

Signed, sealed and de- )
livered in presence of J

C. GAMBLE,
W. SHANLY.

JOHN BEVERLEY ROBINSON,

Mayor of the City of Toronto.

JOHN ROSS,

President G. T. R. Co. of Canada.

I Seal. I
I Seal. I

The City of Toronto never constructed the Esplanade 'vest
of Brock Street nor through the grounds occupied by the North-
ern Railway ; and, as the section of the Grand Trunk line west
of Toronto terminated at the Queen's Wharf — which is west of
the Northern grounds — the Grand Trunk had no connection be-
tween their line east of Brock Street and west of Queen's Wharf.

Various temporary arrangements were made by which the
passenger trains of the Grand Trunk from the West, in the first
place, came down Front Street, the trains from the East stopping
at the Don. After\vards arrangements were made by which passen-
ger trains from the East and West came to the temporary station
at York Street, but the freight business of the Grand Trunk was
done at the Queen's Wharf and the Don.

This was found by all concerned to be expensive and in-
efficient, and, as the City did not wish to go on with the work
west of Brock Street, and the Northern Railway Company ob-
jected to the Grand Trunk going through their freight sheds and
grounds, and the Government of the day, in the public interest,
desired to have the question of the railway service passing into
and through the Corporation of the City of Toronto, settled on a
permanent footing, they, at the instance of the City of Toronto,
the Northern Railway, the Grand Trunk and the Great Western
Railway Companies, caused conferences to be held, and reports
were made, which, in the end, led to the following arrange-
ment : —

The Grand Trunk did not insist on the City giving them
the right of way from Brock Street west, as agreed in the deed of
August, 1856.

The Northern withdrew from the claims then made by th em
to the piece of ground between Brock Street and Bathurst, or a
point near, but east of that street, and north of the present fence
of the Northern Railway, between die points named above.

It was agreed that the bank should be cut down and that
the lines of the Grand Trunk and Great Western should pass in
that way into the City, the ground to be divided as it now is
amongst the Companies. The Northern paid one part cf the
cost of this and the balance was divided and paid by the Grand
Trunk and Great Western in the same proportions as the land was
divided, viz : — two parts by the Grand Trunk and one part by
the Great Western.

As this did not connect ihe eastern and western divisions of
the Grand Trunk, and it was desirable to avoid the complaints of
the Northern Railway, and to "meet the wishes of the City, which
then regarded that company with especial favour, it was further

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arranged that the Grand Trunk track should be extended westward
to Queen Street, over the hundred feet then enclosed by the North-
em, and the Northern gave up to th' Gravid Trunk the
south fifty feet and kept the north fifty for their purposes.
This was brought about in i 86 1 or early in 1862, and as has
been stated at the urgent instance of the Government of the day,
the City of Toronto and the Northern Railway Company. Also
it may be added at an exceedingly large outlay to the Grand
Trunk in excess of what they had paid to the City for the right
of way to Queen's Wharf.

These matters being so arranged the Grand Trunk Railway
Company on the 3rd of December, 1862, bought from the City
of Toronto the Walks and Gardens property in Toronto, " situate
" south of Front Street, west of the Rees property, next Simcoe
" Street, east of Peter Street, and north of the general line of the
" Water Lots," in front of the City, containing about six acres, for
$16,500, and subsequently the City conveyed the lands to the
Company in fee.

On the 23rd of December, 1862, the Grand Trunk Railway
Company^ entered into an agreement with the City, which is as
follows : —

Agreement for Sale, Dated December 23rd, 1862.

THIS AGREEMENT made this twenty-third day of De-
cember in the year of our Lord one thousand eight hundred and
sixty-two. By and Between The Grand Trunk Railway Com-
pany of Canada of the first part, and the Corporation of the City
of Toronto of the second part.

WHEREAS the party of the first part have purchased, and
the party of the second part has sold to them the lands and tene-
ments in the said City situate between the property known as Dr.
Rees', immediately adjoining Simcoe Street on the east. Front
Street on the north, Peter Street on the west, and the northerly
general boundary or line of the Water Lots as laid down on the
original survey by the Crown on the south. ,

AND whereas the party of the first part are now in possession of and
have the right of way forty feet in width on the Esplanade and that north of
said forty feet there is a space sixty feet wide called Esplanade Street ;

AND whereas north of said forty feet and sixty feet (in all one hundred
feet) there is a piece of land extending from the north line of said one hundred
feet ip a direction northerly to the said boundary ur general line, north of the
said Water Lots as laid down on the original survey of the Water Lots as
aforesaid and which is immediately south of the said above mentioned purchase
and adjoining the same except on the west where it is bounded by the Furniss
Lot now owned by the said Company ;

AND whereas the fee of the said piece of ground so situate
south of said general line of the said Water Lots as laid down as
•foresaid and north of the said one hundred feet is vested in the
Crown. And the said party of the first part require the same for
their purposes and desire to get the Patent therefor from the
Crown or the title thereto in fee simple ;

And whereas the party of the second part claim compensa-
tion for the filling done by them on the space so described and
required as aforesaid.

THEREFORE this Agreement Witnesseth that the said
parties hereto have and do agree as follows each with the other,
namely :

THAT the parties hereto shall at once proceed to ascertain
what the filling done by the party of the second part on the said
piece of land bounded on the east by the property known as Dr.
Rees' propeny next adjoining Simcoe Street on the south by the
said northerly line of the said one hundred feet made up of the
said forty feet and sixty feet as aforesaid, on the west by the said
lands owned by the party of the first part and on the north by
the northerly general line of the Water Lots as laid down on the
original survey made by the Crown of the said Water Lots as the
northern boundary of the said Lots should have cose that is what
it should have been done for. And if the same cannot be agreed
upon that then each party shall choose a disinterested engineer,
that these two shall choose a third, and that the award of the said
three or any two of them fixing the amount calculating on the
basis of what the same should have been done for, that is, should
have reasonably cost, shall be final, provided however if the par-
ties can agree on one engineer as sole arbitrator and that they do
so, his award made on the basis aforesaid shall be final.

THAT immediately on this being fixed and the amount as-
certained what the Company are to pay for the said filling the
Company will consent to the Patent then issuing for the said
piece of land to the party of the second part upon the terms and
conditions however that the party of the second part do immedi-
ately on the Patent issuing grant in fee by the usual deed of
bargain and sale and free from all incumbrances and charges the
said piece of land so described as aforesaid by the boundaries
aforesaid as being required as above mentioned. And that on
the execution of the said deed of bargain and sale to the Com-
pany they the Company will for the amount so ascertained as the
sum to be paid as aforesaid for the said filling as above mentioned
give to the party of the second part a mortgage in fee on the said
lands and on the property purchased by the Company from the
party of the second part north of the property covered by this

agre'ement, such mortgage to be conditioned that so long as the
Company pay to the party of the second part the interest on the
said principal money at the rate of six per cent, per annum half-
yearly from the date of the mortgage they the Company shall
have the right to retain in their own hands the said principal
money, but that if the payment of the interest shall be at any
time one calendar month in default the City may proceed for the
said principal if they think proper. The option of paying off the
principal at any time to remain with the Company.

THAT the Company on this agreement being carried out
consent to the Crown granting to the City the land covered with
water immediately south of the lands covered by this agreement
to the Windmill Line, that is to the southern line of said Water
Lots.

THAT the City agree that the Company may cross the said
Esplanade Street at any point and in such manner and as often
and with as many tracks as shall be necessary for proper ingress
and egress to their Station and Elevator at Toronto.

THAT both parties agree to carry out this agreement with
the utmost despatch by every means in their power,

THAT nothing contained in this agreement or any conces-
sion made on either side shall affect either party further than in
so far as the same relates to the subject matter of this agreement
and the matters mentioned and referred to therein. And that
nothing in this agreement contained shall affect, prejudice or in-
terfere with the rights of either party in respect of or to any mat-
ter or thing not included in this agreement or mentioned therein
it being the intention of both parties that the rights of each shall
be in every respect as to all and every right matter and thing not
mentioned in this agreement and intended to be arranged by it
as if it never had been made.

PROVIUEU ALWAYS and it is understood by both the parties hereto
as to the land by these presents agreed to be sold that the Corporation of the
City of Toronto in agreeing to this sale made by this agreement to the Grand
Trunk Railway Company does not intend to give to the said Company nor
does the said Railway Company expect to receive the said lands agreed t&
be conveyed under this agreement or any of them for any other purposes than
those contemplated in the seVeral Orders in Council relating to the said lands.

IN WITNESS WHEREOF the said The Grand Trunk
Railway Company of Canada and the said The Corporation of
the City of Toronto have hereunto caused the Corporate Seals of
the said respective Companies to be affixed to these presents on
the day and year first above written.

Seal of City )
of Toronto. J

J. G. BOWES,
Mayor.

I 1

The Grand Trunk Railway Company of Canada,

A. T. McCORD, by JOHN BELL,

Chamberlain. Their Attorney and Solicitor^

On the 4TH OF July, 1864,

At the instance of the City of Toronto and the Grand
Trunk Railway Company, the Government issued the following
Patent :—

Patent for Lands or Water Lots between Rees Lot
and Peter Street. Dated 4th July, 1864.
Registered 4th July, 1864.

Seal of Province )
of Canada. j

PROVINCE OF CANADA,

Victoria, by the grace of God
of the United Kingdom of Great
Britain and Ireland, Queen, De-
fender of the Faith, etc., etc., etc.

MONCK.

To all to whom these presents
shall come, Greeting.

KNOW YE, that among the Rolls and Records in the Reg-
istrar's Office of the Province of Canada, in Lib. L K., Folio 163,
it is thus contained, to wit :

MONCK.

PROVINCE OF CANADA,
Victoria, by the grace of God
of the United Kingdom of Great
Britain and Ireland, Queen, De-
fender of the Faith, etc., etc., etc.

To all to whom these presents
shall come. Greeting.

WHEREAS, the Corporation of the City of Toronto, in
the County of York, in our said Province, did, under certain
orders of our Governor in Council, of our said Province, and a
certain license of occupation, bearing date on the twenty-ninth
day of March, in the year of Our Lord one. thousand eight hun-
dred and fifty-three under the hand and seal of our then Gover-
nor, or under the authority conferred upon them in and by
certain Statutes of the Parliament of our said Province, enter
into possession of certain lands and premises in the said city,
{whereof the lands hereby intended to be given and granted
form part,) for the formation of an Esplanade. And, whereas,
the Corporation of the City of Toronto, in pursuance of the said
Statutes, or of some or one of them, and of the authority thereby

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conferred, proceeded to the construction of an Esplanade in and
upon the said lands intended to be hereby given and grant-
ed, or some part thereof. And whereas, the Orand Trunk
Railway Company of Canada, subsequently, for the purpose of
their said Railway, entered into possession of a certain portion of
the lands and premises hereby intended to be given and granted
to the Corporation of the City of Toronto.

And, whereas, it is represented to us, that in and by a certain Deed of
Agreement made on the twenty-third day of December, in the year n( our
Lord one thousand eight hundred and sixty-two, by and with the Grand Trunk
Railway Company of Canada, of the first part, and the Corporation of the City
of Toronto, of the second part, if is recited that the party of the first part had

f)urchased, and the party of the second part had sold to them certain
ands and tenements in the said city, in the said recital particularly described.
And it IS further recited, that the party of the first part were then in posses-
sion of a deed of right of way, forty feet in width on the Esplanade, ana north
of which said forty feet there is a sp.ice sixty feet wide, called Esplanade
Street, And it is further recited, that north of the said forty feet and sixty
feet (in all one hundred feet), there is a piece of land extending from the
north line of said one hundred feet in a direction northerly to the boundary
or general line north of the Water Lots as laid down on the originel survey
of the Water Lots by the Crown. And it is further recited that the fee of the
said piece of ground so situated south of the said general line of the said
Water Lots as laid down as aforesaid, and north of the said one hun-
dred feet is vested in the Crown. And that the party of the first part required
the same for their purposes, and desired to get a patent therefor from the
Crown, or the title thereto in fee simple.

And further, that the party of the second part claimed com-
pensation for the filling done by them on the space so described
and required as last aforesaid. It is by the said agreement
witnessed, and the parties thereby agreed each with the other
that the parties thereto should at once proceed to ascertain what
the filling done by the parly of the second part, on the said piece
of land, bounded on the east by the property known as Dr. Rees'
property next adjoining Simcoe Street ; on the south by the said
northerly linj of the said one hundred feet, made up of the said
forty feet and sixty leet as aforesaid ; on the west by the said
lands owned by the party of the first part ; and on the north by
the northerly general line of the Water Lots, as laid down on the
original survey made by the Crown of the said Water Lots as the
northern boundary of the said Lots, should have cost, that is,
what it should have been done for; and that if the sum could
not be agreed upon, that then each party should choose a disin-
terested engineer, and that those two should choose a third, and
the award of the said three or any two of them, fixing the amount
calculated on the basis of what the same should have been done
for, that is, should have reasonably cost, should be final ; pro-
vided, however, if the parties could agree on one engineer as sole
arbitrator, and that they did so, then his awards made on the basis
aforesaid should be final.

a I

And further, that immediately on the same being fixed, and the amount
ascertained wliich the Company were to pay for the said filling, the Company
would consent to the Patent then issuing for the said piece of land to the party
of the second part, upon the terms and conditions, however, that the party
ofthe second part, should immediately on the Patent issuing grant in fee, by
the usual deed of bargain and sale, and free from all encumbrances and charges,
the said piect of land so described as aforesaid, by the boundaries aforesaid,
as being required as therein mentioned.

And that on the execution of the said deed of bargain and
sale to the Company, they, the Company would for the amount
so ascertained as the sum to be paid for the said filling as therein
mentioned, give to the party of the second part, a mortgage in
fee as therein mentioned, to be conditioned, that so long as the
Company ' hould pay the party of the second part the interest on
the said principal money at the rate of six per cent, per annum,
half yearly from the date of the mortgage, the Company were to
have the »-ight to retain in their own hands the said principal
money, but that if the payments of the mterest should be at any
time one calendar month in default, the City might proceed for
the said principal sum if they thought proper ; and that the option
of paying off the principal sum at any time should remain with
the Company.

And further, that the Company on the said agreement now in recital
being carried out, consented to the Crown granting to the City, the land
covered with water, immediately south of the lands covered by this agreement,
to the Windmill Line, that is, to the southern line of sait. Water Lots, as on
reference to the said deed now in recital will more fully appear.

f>.i' ▼

And, whereas, it i.> further represented to us, that in pursu-
ance ofthe said agreement hereinbefore recited, Sanford Fleming,
of the City of Toronto, in the County of York, Civil Engineer,
was appointed sole arbitrator for the purpose in the said agree-
ment mentioned. And that by his award, dated on or about the
seventeenth day of February, one thousand eight hundred and
sixty-thre *, he did award and determine that the cost of the fill-
ing done by the Corporation of the City of Toronto, that is what
it should reasonably have been done for, on the said piece
of land bounded on the east by the property known as Dr. Rees'
property next adjoining Simcoe Street ; on the south by the said
northerly line of the said one hundred feet, made up of the said
forty feet and sixty feet, in the said deed mentioned ; on the west by
the said lands owned by the said Railway Company ; and on the
north by the northerly boundary line of the Water Lots, as laid down
on the original survey made by the Crown of the said Water Lots
as the said northern boundary of the said Lots, is the sum of
three thousand seven hundred and Ffty-five dollars, which sum
w^as thereby fixed and ascertained as the amount to be paid by
the Grand Trunk Railway Company of Canada, to the Corpor-

; 111

ation of the City of Toronto, for the said filling, pursuant to the
said reference.

And whereas, it is further represented to lis that in pursuance of the
said agreement and award, the following agreement was entered into between
the Grand Trunk Railway Company of Canada, and the Corj)oration of the
City of Toronto, as follows :

Quebec, August 25th, 1S63.

" It is agreed that all questions between the City of Toronto and the
"Grand Trunk Railway Company, respecting the purchase of lands and
" payment for filling shall be finally settled by the latter agreeing to the sura
"of thirty-five thousand dollars, as the price for the Round House Lot and
"Water Front, in front thereof for the Elevators, &c. The previous agree-
" ment for Wharves and Harbours to be at once completed at the amount
" fixed by Fleming's award, and the sum of thirty-five thousand dollars to be
" secured by mortgage in the way, and on same terms as Wharves and Har-
" bor agreement. The Grand Trunk Company to have the right to lay down
" tracks on and across Esplanade Street, between Peter and Brock Streets, to
" the full extent that their business may from time to time render necessary.
" This agreement settles all matters in dispute for lands and filling done be-
" tween Brock Street and Dr. Rees' piwperty, adjoining Simcoe Street
"The Patent for the Round House Block on the above conditions to issue to
" the City, the deed to the Grand Trunk to be the usual deed of bargain and
" sale, and to convey the lands in question free from all charges, that is, by a
" clear title. The usual mortgage to be made in return on the same terms as
"mentioned above. The above agreement only includes the filling done
" on the Round liouse Block, and on the lands covered by the agreements of
" the 3rd and 23rd of December, 1862, and no others, and the words 'on and
"across Esplanade Street,* shall extend only to the right to cross the Esplan-
" ade Street as the business of the Grand Trunk Railway Company may re-
" quire."

AND whereas, we are willing and desirous that the said
deed, award, and agreement should be carried out. NOW
THEREFORE KNOW YE, that in consideration of the pre-
mises, and in aid of the furtherance of the hereinbefore recited
deed, award and agreement, WE, of our special grace, certain
knowledge and mere motion have given and granted, and by these
presents do give and grant unto the Corporation of the City of
Toronto, their successors and assigns, all those certain tracts and
parcels of land or Water Lots, and land covered with water,
situate in the said City of Toronto, and bounded on the north by
the northerly general line of the Water Lots, as laid down on the
original survey, made by the Crown of the said Water Lots ; on
the south by the line known as the Windmill Line ; on the east
by the western limit of the Water Lot known as Dr. Rees', and
situate west of Simcoe Street, and granted by our Letters Patent
in the year of oar Lord one thousand eight hundred and forty-
six, to one Joseph Beckett ; and on the west by the eastern limit
of the Water Lot granted to the Honorable J. Masson and A.
Furniss, on the east side of Peter Street produced and containing
twenty-eight acres, more or less. To have and to hold the

premises hereby given and granted, and every part thereof, unto
the said, the Corporation of the City of Toronto, their successors
and assigns forever ; saving, excepting and reserving, neveithe-
less, unto us, our heirs and successors all mines of gold and
silver, and the free uses, passage, and enjoyment of, in, over and
upon all navigable waters that shall or may be hereafter found on,
or under, or be flowing through or upon any part of the s"id
tracts or parcels of land hereby granted, subject, however, to and
upon the express trusts and conditions following, that is to say :

First. That no claim or demand of any kind or nature
whatsoever shall be made or preferred by the Corporation of the
City of Toronto, their successors or assigns, or by the Grand
Trunk Railway Company of Canada, their successors or assigns,
or by any party claiming by, from, through or under them or any
or either of them, upon or against us, our heirs and successors,
in respect to the said lands, land covered with water. Water Lots
and premises, hereby given and granted, or inrespectof any work,
labor or money, made, expended, or laid out, or liabilities in-
curred in respect thereof by them or either of them, in or upon .
the lands, land covered with water, Water Lots and premises
hereby given or granted ; or any levelling, excavating or filling up
of the same or any part thereof, whether in the construction of
an Esplanade in, upon, or adjoining the same premises, or in the
appropriation of the same for Railway purposes or othei,vise,
howso .^ver. And further, that the grant made by these our letters
patent, is, and shall be held and taken in full release and dis-
charge of any alleged or possible claim or demand of any nature
or kind whatsoever, as aforesaid, which might or may be made by
the Corporation of the City of Toronto, or the Grand Trunk
Railway Company of Canada, or either of them.

Secondly. Tha* nothing in these oui letters patent con-
tained, shall authorize, or be considered to authorize the Grand
Trunk Railway Company of Canada to close up or interfere with
the southern end of John Street, running through the said pre-
mises intended to be hereby granted, released and confirmed, as
aforesaid, further than is provided by "the Railway Act," or to
authorize the Corporation of the City of Toronto, to close up of
interfere with the said southern end of John Street, running
through the same premises.

Thirdly. That they, the Corporation of the City of Toronto,
do, and shall in pursuance of the hereinbefore recited deed,
award and agreement, with all reasonable despatch, execute ^nd
grant in fee, by the usual deed of bargam and sale to the Grand
Trunk Railway Company of Canada, their successors and assigns,
free from all encumbrances and charges, and for the considera-

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tion of the sum of three thousand seven hundred and fifty-five
dollars, to be secured by mortgage as hereinafter mentioned, all
that piece or parcel of land being a portion of the lands hereby
given and granted, and which may be known and described as
follows, that is to say : extending from the north line or bound-
ary of Esplanade Street in a direction northerly up to the said
boundary or general line north of the said Water Lots, as laid
down in the original survey of the Water Lots, and bounded on
the east by Dr. Rees' property immediately adjoining Simcoe
Street, and granted by letters patent, in the year one thousand
eight hundred and forty-six, to one Joseph Beckett, and on the
west by the Water Lot heretofore granted to the Honorable J.
Masson and A. Fumiss. And further, that upon execution and
delivery of such deed and bargain of sale, as aforesaid, they, the
Grand Trunk Railway Company of Canada, do and shall execute
and deliver to the Corporation of the City of Toronto, their suc-
cessors and assigns, and that the Corporation of the City of To-
ronto shall accept and receive from the Grand Trunk Railway
Company of Canada, a deed of mortgage in fee on the said lands
and premises, so to be conveyed to them as lastly hereinbefore
mentioned to secure payment to the Corporation of the City of
Toronto, of the sum of three thousand seven hundred and fifty-
five dollars, and that so long as the said Company pay to the
said City of Toronto, the interest on the last mentioned principal
sum of money, at the rate of six per cent, per annum, half yearly
from the date of the mortgage, the Grand Trunk Railway Com-
pany of Canada shall have the right to retain in their own hands
the said principal money ; but that if the payment of the interest
shall be at any time one calendar month in default, the Corpora-
tion of the City of Toronto may proceed for the recovery of the
said principal sum of money to be thereby secured, and that the
option of paying off the principal at any time shall remain with
the Company.

Fourthly. That nothing in these our letters patent contained shall be
taken as affecting any agreement heretofore made between the Grand Trunk
Railway Company of Canada, and the Corporation of the City of Toronto,
respectmg right of way on the said Esplanade.

Given under the great seal of our Province of Canada.

Witness our right trusty and well-beloved cousin, the Right
Honorable Charles Stanley, Viscount Monck, of Ballytrammon,
in the County of Wexford, Governor-General of British North
America, and Captain-General, and Govemor-in-Chief in and
over our Provinces of Canada, Nova Scotia, New Brunswick, and
the Island of Prince Edward, and Vice- Admiral of the same, etc.,
etc., etc. At Quebec, this fourth day of July in the year of o ur

Lord one thousand eight hundred and sixty-four and in the
twenty-eighth year of our reign.

By command of His Excellency in Couucil.

G. POWELL,

Act'g Ass't Secretary.

ANDREW RUSSELL.

Ass't Com. of Crown Lands.

All which we have commanded to be exemplified.

Given under the great seal of our Province of Canada.
Witness our right trusty and well beloved cousin, the Right
Honorable Charles Stanley, Viscount Monck, Baron Monck, of
Ballytrammon in the County of Wexford, Governor-General of
British North America, and Captain-General and Govemor-in-
Chief in and over our Provinces of Canada, Nova Scotia, New
Brunswick and the Island of Prince Edward and Vice Admiral of
the same, etc., etc., etc At Quebec this thirteenth day of July,
in the year of our Lord one thousand eight hundred and sixty-
four, and in the twenty-eighth year of our reign.

Examined,
Wm. KENT.

By Command,
E. A. MEREDITH, ■

Assistant Secretary.

On the 1 8th of July, 1864, the Corporation of the City of
Toronto did convey the lands so mentioned in said patent to the
Grand Trunk in fee simple.

The lands known as the Round House Block, between Peter
«nd Brock Streets, being in possession of the Grand Trunk, an
agreement was made for the purchase thereof by that Company
for $35,000. This agreement is fully set out in the patent issued
by the Crown at the instance of the City and the Grand Trunk
on the 13th of June, 1864, which patent is as follows :

Patent for Round House Block. Dated June 13th,
1864. Registered June 14th, 1864.

Seal of Province )

of Canada. J ;

PROVINCE OF CANADA,
Victoria, by the Grace of God
of the United Kingdom of Great
Britain and Ireland, Queen, de-
fender of the faith, etc., etc, etc

MONCK.

To all to whom these presents
shall come, Greeting.

■f \i

KNOW YE, that amongst the Rolls and Records in the
Registrar's Office of the Province of Canada in Lib. I. K., Folio
150, it is thus contained, to wit :

MONCK.

PROVINCE OF CANADA, 1

Victoria, by the grace of God ]
of the United Kingdom of Great [•
Britain and Ireland, Queen, de- |
fender of the Faith, &c., &c, &c. J

To all to whom these presents
shall come y Greeting.

WHEREAS, the Corporation of the City of Toronto, under
certain orders of our Governor in Council of our said Province,
r,nd a certain license of occupation being dated on the twenty-
ninth day of March, in the year of our Lord one thousand eight
hundred and fifty-three, under the hand and seal of our then
Governor, entered into possession of certain lands and premises
in the said city (whereof the lands hereby intended to be given
and granted form part) for the formation of an Esplanade.

And whereas, the Corporation of the City of Toronto, in
pursuance of the authority conferred upon them, in and by cer-
tain statutes of our said Province proceeded to the construction
of an Esplanade in and upon or adjoining said lands.

And whereas, the Grand Trunk Railway Company of Canada,
subsequently entered into possession of the lands and premises
hereby intended to be given and granted, and erected certain
buildings on the same, or on some part theresf for the purpose
of the said Railway.

And whereas, divers negotiations and transactions, have
from time to time been entered into between the Corporation of
the City of Toronto and the Grand Trunk Railway Company of
Canada, in respect to matters arising out of or connected with the
said lands and premises hereinafter described and intended to be
hereby given and granted.

And whereas, it is represented to us, that for the purpose of
settling long pending disputes between the Grand Trunk Railway
Company of Canada and the Corporation of the City of Toronto,
respecting the lands hereinafter described, and other matters
affecting the same, the following agreement was entered into be-
tween the said parties, in these words :

"Quebec^ August 25th, 1863.

" It is agreed that all questions between the City of Toronto
" and the Grand Trunk Railway Company, respecting the pur-

•(

" chase of lands and payment for filling, shall be finally settled
" by the latter agreeing to the sum of thirty-five thousand dollars,
" as the price for the Round House Lot and water front in front
** thereof for the elevators, &c. The previous agreement for wharves
** and harbours to be at once completed at the amount fixed by
" Fleming's award, and the sum of thirty-five thousand dollars to
" be secured by mortgage in the way and on same terms as
" Wharves and Harbour agreement. The Grand Trunk Com-
" pany to have the right to lay down tracks on and across Es-
" planade Street, between Peter and Brock Streets, to the full
*' extent that their business may from time to time render neces-
•' sary. This agreement settles all matters in dispute for lands
" and filling done between Brock Street and Dr. Rees' property
" adjoining Simcoe Street. The patent for the Round House
" Block on the above conditions to issue to the city. The deed
" to the Grand Trunk to be the usual deed of bargain and sale,
" and to convey the lands in question free from all charges, that
" is, by a clear title ; the usual mortgage to be made in return
" on the same terms as mentioned above. The above agreement
" only includes the filling done on the Round House Block, and
" on the lands covered by the agreement of the third and twenty-
" third day of December, 1862, and no others, and the words
" * on and across Esplanade Street' shall extend only to the right
" to cross the Esplanade Street as the business of the Grand
" Trunk Railway Company may require."

And whereas, we are willing and desirous that the said
agreement should be carried out. Now therefore, know ye, that
in consideration of the premises, and in aid and furtherance
of the hereinafter recited agreement, We of our special
grace, certain knowledge and mere motion, have given and grant-
ed, and by these presents do give and grant unto the Corpora-
tion of the City of Toronto, their successors and assigns, all that
certain tract and parcel of land in the above recited agreement
mentioned and described as "the Round House Block," that is
to say, all that tract or parcel of land situated in the said City
of Toronto, and bounded on the north by the south side of
Front Street ; on the south by the line known as the "Windmill
Line ;" on the east by the south side of Peter Street ; and on the
west by the east side of Brock Street, and containing by admea-
surement ten acres, be the same more or less, saving and excep-
ting thereout, and reserving to the Great Western Railway
Company of Canada, their successors and assigns, (upon pay-
ment to the Grand Trunk Railway Company of Canada, of such
sum of money as compensation therefor, as may be ascertained
as hereinafter provided,) a right of way m, through and upon the
piece or parcel of land hereinbefore mentioned, and hereby
given and granted for the purposes of a railway track. And

which said right of way is hereby defined and prescribed to con-
sist in a width of six feet, produced on either side from the
centre of the Railway track, as heretofore laid down between
Peter Street and Brock Street, hereinbefore mentioned, by the
Great Western Railway Company of Canada, and now occupied
and used by the last mentioned Company for such purposes, and
a plan of which said Railway track, whereof such right of way
is hereby reserved, shall be made and certified by a duly quali-
fied land surveyor, and filed or deposited within a period of six
months from the date of these our letters patent in the office of
our Provincial Registrar, and in the Registry Office of the City
of Toronto aforesaid, and which said right of way, as herein
defined and prescribed, shall be liable from time to time, to be
varied by the substitution of a right of way, to the same extent
as aforesaid, to the said Company for Railway purposes, in,
through and upon such other portion of the said piece or parcel
of land between Peter Street and Brock Street, hereinbefore
mentioned and hereby given and granted as may be agreed upon
between the Grand Trunk Railway Company of Canada, their
successors or assigns, and the Great Western Railway Company
of Canada, their successors and assigns, or as in case of dis-
agreement may be determined by arbitration as hereinafter men-
tioned, and which said right of way (upon payment therefor as
hereinafter mentioned) whether as hereinafter defined and pre-
scribed, or if varied as hereinbefore mentioned, shall be held,
used and enjoyed by the said the Great Western Railway Com-
pany of Canada, subject to the right, condition and power of the
Grand Trunk Railway Company of Canada, to cross such right
of way, and the track of the said the Great Western Railway
Company of Canada, thereon existing, as often and in such
manner as may be necessary for the purposes of their business.
And also subject to payment by the Great Western Railway
Company of Canada, their successors and assigns, to the Corpora-
tion of the Grand Trunk Railway Company of Canada, their
successors and assigns, of such sum of money as shall be
reasonable and adequate compensation therefor. And as
to which right of way, hereinbefore reserved, whether the
same be that defined and prescribed or varied as here-
inbefore mentioned or the crossing thereon by the Grand
Trunk Railway Company of Canada, or upon the track thereon
existing, or the points or manner of such crossing or the amount
of compensation to be paid by the Great Western Railway Com-
pany of Canada, as aforesaid, any disagreement shall be deter-
mined by arbitration and award, to be originated and con-
ducted under, and in pursuance of the sixty-sixth Chapter of
the Consolidated Statutes of Canada, entitled "An act respect-
ing Railways," to have and to hold the same and every part

thereof unto the said the Corporation of the City of Toronto,
their successors and assigns forever, saving, excepting, and re-
serving, nevertheless, unto us, our heirs and successors all mines
of gold and silver, and the free uses, passage and enjoyment of,
in over and upon all navigable waters that shall or may be here-
after found on, or under, or flowing through or upon any part of
the said piece or parcel of land hereby granted as aforesaid ;
subject, however, to and upon the express trusts and conditions
following, that is to say :

Firstly. That no claim or demand of any kind or nature
soever shall be made or preferred by the Corporation of the
City of Toronto, their successors or assigns, or by the Grand
Trunk Railway Company of Canada, their successors or assigns
or any party claiming, by, from, through or under them, or any
or either of them, upon or against us, our heirs and successors
in respect of the said lands and premises hereby given and
granted, or in respect of any work, labor or money made, ex-
pended and laid out, or liabilities incurred in respect thereof by
them or either of them, in or upon the lands and premises here-
by given and granted, or the levelling, excavation or filling up of
the same or any part thereof, whether in the constr action of an
Esplanade in, or upon, or adjoining the said lands and premises,
or in the i)reparation of the same for Railway purposes or other-
wise howsoever.

And further, that the grant made by these our letters patent
is and shall be held and taken in full release and discharge of
any alleged or possible claim or demand of any nature or kind
soever as aforesaid which might or may be made by the Corpor-
ation of the City of Toronto, or the Grand Trunk Railwily Com-
pany of Canada, or either of them.

Secondly. That they the Corporation of the City of Toronto,
do and shall with all reasonable dispatch carry out the agreement
hereinbefore recited, and do upon the terms therein expressed
for the purposes of their Railway convey to the Grand Trunk Rail-
way Company of Canada, their successors and assigns all the lands
hereinbefore described and hereby given and granted, except the Es-
planade of one hundred feet in width as constructed and extend-
ing through the said lands hereby given and granted, and also
saving and reserving, out of the said lands hereby given and
granted the easement or right of way to the Great Western
Railway Company of Canada, herein reserved in such express
manner and terms as the same is hereinbefore saved and reserv-
ed, and that such deed of conveyance so to be given by the
Corporation of the City of Toronto to the Grand Trunk Railway

.1
I

-<? fl If

IT-

Company of Canada, their successors and assigns shall be given
on the terms and for the consideration in the agreement herein-
before recited, expressed, and in pursuance thereof.

Thirdly. That nothing in these our letters patent contained shall be ta-
ken as aflfecting any agreement heretofore made between the Grand Trunk
Railway Company of Canada, and the Corporation of the City of Toronto
respecting right of way on the said Esplanade.

Given under the great seal of our Province of Canada.
Witness our right trusty, and well beloved cousin, The Right
Honorable Charles Stanley, Viscount Monck, Baron Monck of
Ballytrammon, in the County of Wexford, Governor-General of
F itish North America, and Captain-General, and Govemor-in-
Chief in and over our Provinces of Canada, Nova Scotia, New
Brunswick, and the Island of Prince Edward, and Vice-Admiral
of the same, &c., &c., ^zc, at Quebec this thirteenth day of June
in the year of our Lord one thousand eight hundred and sixty-
four, and in the twenty-seventh year of our reign.

By command of His Excellency in Council.

JOHN SIMPSON, ANDREW RUSSELL,

Secretary. Ass't Commissioner of Crown Lands.

All which we have commanded to be exemplified.

Given under the great seal of our Province of Cana da .
Witness our right trusty and well beloved Cousin, the Right
Honorable Charles Stanley Viscount Monck, Baron Monck of
Ballytrammon, in the County of Wexford; Governor-General of
British North America, and Captain-General and Governor-in-
Chief in and over our Provinces of Canada, Nova Scotia, New
Brunswick, and the Island of Prince Edward, and Vice-Admiral
of the same, etc., etc., etc., at Quebec, this eighteenth day of
June, in the year of our Lord one thousand eight hundred and
sixty four, and in the twenty-seventh year of our reign.

By Command.

(Signed)

JOHN SIMPSON,

Secretary.

On the 25th of June, 1864 the City, in accordance with the
trusts and agreements set out in the patent, conveyed to the
Grand Trunk Railway Company in fee, the consideration being
$35,000.

(Here see Appendix, Page 67.)

On the 15th day of May, 1866, an agreement was made for
the purchase of the lands on which the Union Station now stands.
This agreement is as follows :

Agreement. Dated May 16th, 1866.

THIS AGREEMENT made this fifteenth day of May, in
the year of our Lord one thousand eight hundred and sixty-
six.

BY and between the Corporation of the City of Toronto, of
the first part, and the Grand Trunk Railway Company of Canada,
of the second part.

WITNESSETH that the said parties have agreed as follows,
that is to say : That the party of the second part, hereinafter
called the Company, have agreed to purchase, and the party of
the first part, hereinafter called the City, have agreed to sell and
convey, and hereby do agree to sell and convey, subject
to the contingency hereinafter mentioned : All that part
of the Water lots in the City of Toronto, north of Esplan-
ade Street, and situate between Simcoe and York Streets,
the north line to be a parallel line to Front Street, and to be
fixed about one hundred and fifty feet south thereof, upon the
terms and subject to the conditions following, that is to say : —

THAT the price fcr the said lands shall be twenty thousand
dollars; that the City will surrender to the Crown if necessary the
present grant which they hold of the said Water Lots in so far as
it relates to the above described lands, on condition that the
Crown will grant the said lands in fee to the City or the Com-
pany as may be thought best.

THAT in case the patent issues to the Company direct,
then the Company will execute and deliver to the City a mort-
gage in fee with the usual covenants, but conditioned for payment
in all respects the same as the mortgage heretofore granted by
the Company to the City for the lands bought by the Company from
the City, and known as the Round House Block, that is, that
the Company paying the interest at the rate of six per
cent, per annum half yearly, the principal money shall not be
payable in the option of the Company until they elect to do so,
the conditions, provisions, and stipulations in this respect to be
the same as in the mortgage referred to, the patent to contain
conditions that the land in question is only to be used for a Pas-
senger Railway Station for the City of Toronto.

-I

Is.

In case the new grant issues to the City, they are to give a
deed free from incumbrances, and take a mortgage as provided
above similar in all respects. The company are to procure the
said grant which they undertake to do on said surrender being
made.

THAT the Company may at once take possession, and
that from this date the said interest shall be payable and the
Company may at once proceed with their works upon the said
premises.

THE effect of this agreement shall be, that upon and after
the execution hereof the Company will hold under this agreement
only.

THE Company agree to surrender to the City any lease or
leases they now hold, and that the covenants respecting said
premises now held by both parties hereto, and to said lease or
leases are by this agreement ended, and all liability on either
party thereunder is by this agreement also determined and
ended.

EACH of the above parties hereto covenants and agrees
with the other to abide by, perform and keep the other agreement
in all respects, and to perform the same.

IT is agreed also that the above described land is to be used
for the purpose of a passenger station, that the Company and
those Companies who may use the said station may and shall
have the right to cross Esplanade Street with their tracks as often
and in the manner required for the proper working of the traffic
in and out of the said station in the most safe and convenient
manner.

THE Company agree that they will permit and allow any
other Railway Company to enter upon the station to be erected
upon the said premises for the purpose of making the same a
terminal station at Toronto ; the privilege to be given on such
terms as to rent and otherwise as said Company and such other
Company or Companies may agree upon, or on failure of agree-
ment as may be fixed by arbitration.

PROVIDED always, and it is expressly declared and agreed
that while the City will by all reasonable acts assist 'n obtaining
the said patent from the Crown in the form necessary to the
carrying out of the said agreement in its true spirit and meaning,
still the Company assume the whole trouble and expense of get-
ting the new patent from the Crown, or of such legislation as may
be found necessary in case legislation has to be resorted to, and that
in case of failure to get the patent in a form to authorize the carry-

ing out of the sale in the manner above agreed upon, or of legis-
lation authorizing a conveyance in accordance with the terms of
this agreement, that in such casft this agreement shall cease and
be void, and each party shall reveil to their former position as it
was before this agreement was made.

AN I) further that the provisions of this agreement shall be
carried out with all reasonable despatch.

AND further that nothing in this agreement contained shall
be taken as conv'eying the idea that the mortgage now held by
Mrs. Hancox, of Bath, in this Province, or any other person on
one of the Water Lots, a part of which is covered by this agree-
ment, is to be paid by the Company, or that the said mortgage
forms any part of the said consideration money, or that the City
are directly or indirectly, or in any way liable for the said mort-
gage, or any part thereof, or that they directly or indirectly as-
sume any responsibility in respect thereof or of any part thereof.
But nevertheless the Company covenant with the City to save
the City harmless against the said mortgage and all monies pay-
able thereunder or any mortgage on said premises whoever may
have the same.

AND also that before this agreement is delivered the Com-
pany do pay all rents upon any part of said lands held by them
as tenants to the date hereof.

IN witness whereof the said parties hereto have hereunto
affixed their respective corporate seals the day and year first
above written.

Signed, sealed and de- )
livered in presence of /

A. T.

McCORD,
Chamberlain.

fSe
tof

Seal of City
Toronto.

In pursuance of the above agreement a deed in fee was
made by the City conveying the lands above described to the
Grand Trunk Railway Company and in that deed is contained
the following Covenant on the part of the City.

" And further that they the parties of the second part ( the
" G. T. R. Co.) their successors and assigns shall have the full
" right power and authority to lay down, upon and across Es-
'* planade Street in the City of Toronto west of the east side of
" York Street aforesaid all, and as many railway tracks as they
" may think necessary and as may from time to time be required
" by them or any other Railway Cbmpany using the station to be
" erected upon the said premises for the purposes of the

(- :>

" convenient and safe and easy ingress and egress to and from
" their said station so to be built thereon as aforesaid. That
" the parties of the second part covenant to indemnify and save
** harmless the party of the first pait from the Hancox mortgage
" in said agreement mentioned.

Memorandiim.

WHEREAS the Grand Trunk Railway Company of Cana-
da have this day executed a mortgage to the Corporation of
the City of Toronto upon certain lands therein described,
situate between York and Simcoe Streets in the City of Toronto,
and north of the Esplanade. It is hereby declared and agreed
that at any time after the construction of the station in said
mortgage mentioned, and on payment of the consideration mon-
ey in said mortgage named, and all interest then unpaid thereon
the Corporation of the City of Toronto shall discharge the said
mortgage by certificate in the usual form or otherwise as the
said Company may require.

IN witness whereof the said Corporation of the City of
Toronto have hereunto set 'heir official seal this twenty-ninth
day of February, in the year of our Lord one thousand eight
hundred and sixty-eight.

In presence of )

CHAS. W. COOPER, f ^

JAMES E. SMITH, Mayor.
A. T. McCORD, Chamberlain.

Seal of City
of Toronto.

■

■ *"■' On the lands so purchased as appears above, the Grand
Trunk Railway Company have caused an Elevator and Wharves
to be constructed, also two large Engine Houses, with various
other buildings, freight sheds, some seven hundred feet long and
the Union Station ; also the vast mass of tracks to meet the require-
ments of their freight and passenger business, including local and
through. And besides it is crossed by the Great Western and
the Toronto, Grey & Bruce. Also their double tracks to Queen
Street, and sidings. And east of York Street they have laid
down all the tracks contemplated by the agreement with the City,
dated the 19th day of April, 1865, and which is given above,
and they are now in use.

The total expenditure of the Grand Trunk in the City of
Toronto, is over half a million dollars.

The above shews first as regards the Esplanade east of York
Street, that the Grand Trunk hold not only by grant from the City,
but by agreement afterwards made under Act of Parliament, and
under the act of 1865. As regards the lands between York and
Brock Streets, the Grand Trunk hold them in fee mainly under
patents issued at the instance of the City, and under stipulation
by the Crown, that they should be conveyed to the Grand Trunk
for their purposes , and from Brock Street to Queen Street th j
Grand Trunk hold by agreement of all the Companies and of
the Crown, and in exchange for the right of way paid for by them
through the Northern grounds, and which they gave up for the
lands now occupied by them, with the consent and at the instance
of the Government and all the parties interested, including *\ie
City of Toronto ; and all this is in fact confirmed by the act and
agreement of 1865, in which the Grand Trunk abandon all their
claims to cross the Northern grounds.

These lands the Grand Trunk Railway require for the pur-
poses of their Railway, — the Crown and the City admit this, —
the Company's business is still increasing. Nevertheless, it is pro-
posed to take from them the lands they require and give them
to another Company, only because that other Company insist
that they require them, and that they must and shall use and do
with these as they please, no matter what the loss or detriment
to others may be.

To shew the feeling of the Grand Trunk Railway Company
towards other lines, it may be mentioned that they have given
every facility in their power to the Toronto, Grey and Bruce,
and the Toronto and Nipissing Railways ; and the Grand Trunk
in the same way have offered to deal with the Credit Valley
Railway as will appear from the following letters.

"J !>

*♦ Dear Sir,

Grand Trunk Railway of Canada,
"General Manager's Office,

" At Toronto, June 6, 1879."

" I was sorry that I could not see you when you called
at the Queen's Hotel yesterday morning. I was just in
the act of dressing and when I got down stairs I found you
had left. I sent up to your office to-day to see if you or Mr.
Ross could come down and have a conference with me re-
specting terminal accommodation in this city and I found
that you were both out of town. I also enquired for Mr.
Campbell, the Vice-President of your Company and I found
that he was out of town also. I rather regret this because
I intended to take up the subject which we proposed to
discuss in a general way with you, and to determine
whether it is possible for us to make a satisfactory arrange-
ment with your Company for an exchange of business and
terminal facilities in this city.

" I may say to you that we desire to give your Com-
pany accommodation in our station here, and to afford you
all the facilities which we reasonably can on fair terms.

'• If you do not -eturn to Toronto before I leave I hope
that you will run down to Montreal in order that we may
talk the matter over.

" I may in this letter indicate generally the sort of
arrangement which I think we could enter into.

•' I St. That you shall run your freight and passenger
trains to our stations in this city making use of our track
from the neighbourhood f Bathurst Street.

•• and. That we afford you accommodation for the
working of your freight and passenger traffic on and in our
premises.

" 3rd. That so far as your traffic in and out of this city
is concerned we do the work with our staff of booking,
billing and handling for you on terms agreed upon.

" 4th. That as regards rates and other arrangements
strictly pertaining to your business our staff are to carry
out the instructions of your officers.

•' 5th. Yo T trains and employes when on the premises
of the Grand Trunk Company to be subject to our regu-
lations and undei" the control of our officers.

" 6th. In consideration of our giving you ratep and
facilities for traffic from the line of your road to points east

of Toronto, you are to co-operate with us in developing
sucIj. traffic and not to enter into competition with us so as
to injure our business eastward.

" 7th. Your Company to have the right to send traffic
to and from our Elevator and as far as we are able to give
that right to you, to receive and deliver traffic along the
Esplanade.

"8th. The agreement to be lor such term of years and
such compensation to be paid as we may hereafter agree
upon.

" In a general way I have indicated the basis on which
I think we can make an arrangement with you. If this
basis will be satisfactory to you I will at once consider the
question of the compensation to be paid to us and have
prepared a draft agreement for the consideration of your
Company.

" I am

" Yours truly,

" J. HICKSON."
" Geo. Laidlaw, Esq,
'* President,

" Credit Valley Railway Co.,
'* Toronto,

" Grand Trunk Railway of Canada,
" General Manager's Office,

" Montreal, June 27, 1879."

" Geo. Laidlaw, Esq.,

President Credit Valley Railway Company, Toronto.' '
"Dear Sir, ^

"You are probably aware that I have been almost con-
tinually from home since the date of your letter of June gth
in reply to my communication addressed to you on the 26th
ult. That is the reason why you have not had an earlier
reply.

" I very much regret to see the persistent efforts which
are made to misrepresent this Company, and I think I have
cause to complain that a letter addressed to you in the
ordinary course of business should have been, without my
permission, published in the newspapers. * « *

" Your Company have sought to arrange with us for
accommodation for its business in the city of Toronto. I
have explained to you very frankly the nature of the ar-
rangement which we can make. You evidently entirely mis-
apprehend whrt I have written, and we are again misrepre-
sented as monopolists and obstructionists.

" The Grand Trunk Railway has not sought to pool
traffic with the Credit Valley Railway Company, nor has i
in any way sought to exercise undue control over the busi-
ness of the Credit Valley Railway line. As I have already
adviced you, the Grand Trunk Railway Company are willing
to afford your Company facilities for traffic going east of
Toronto, and this without any limit as to where the traffic
originates, although a portion would undoubtedly come from
places where, as you yourself represented, the Credit Valley
Railway would be in competition with the Grand Trunk
Railway. Does this look at all like an attempt to fetter
the action of the Credit Valley Railway Company ?

" Whatever sum the city of Toronto may have expended
on the Esplanade, it is a well known fact, of which you must
be personally cognizant, that the Grand Trunk Railway has
spent an immense sum of money, not only in the construc-
tion of works on the Esplanade, but in maintaining them
for many years past. The relations of the city to the Es-
planade, and to the railway companies who occupy it are
all settled by agreement and in a manner which, I think, is
perfectly intelligible.

'♦ It is not for me to enter into any controversy as to
the right of the city to interfere and upset existing agree-
ments. I shall very much regret if any such interference
takes place, because I believe your Company can acquire all
the facilities and accommodations which are necessary for
its business on terms which cannot but be considered reas-
onable, and ought by a reasonable people to be considered
satisfactory.

" I notice that you say in your letter that you cannot
consent ' to sign or become parties to an agreement which
would determine the rates of freight from points on the line
of the Credit Valley Railway westward to points eastward
on the Grand Trunk Railway.' Can you point out a single
sentence in my letter previously addressed to you which in-
dicates any intention or desire on my part to force you into
any such arrangement ? Are you not simply, in writing in
this way, setting up men of straw for the pleasure of knock-
ing them down ?

f I!

U I;
P 'I

" As regards the working of the traffic of this Company's
stations at Toronto I can only say that it will be utterly im-
possible for us to provide accommodation in our stations
where the work of your line could be done separately by a
separate staff, and independent of the staff of the Grand
Trunk Railway Company.

•' If we make an arrangement with you for your passen-
ger trains to run into the Union Station it will necessitate
some change in our arrangements with the Toronto, Grey
ft Bruce Railway Company. Whilst there is, I believe,
ample accommodation for the business of your line, if it is
worked in connection with the Grand Trunk Railway Com-
pany and by the Grand Trunk Railway staff, I am sure
there is not space enough in which to set up independent
establishments.

" I was careful to point out to you in my last letter that
our employes would act as if they were in the service of the
Company in all matters relating to rates, charges and ar-
rangements appertaining purely to our own business, and I
say now that we should not, an arrangement being made,
desire in any way to interfere in these matters.

" Such arrangements as I have indicated respecting ter-
minal accommodation are not novel. They are frequently
resorted to both in this country and in Europe. The busi-
ness of the Grand Trunk Railway at Buffalo, for instance,
is done in the depot of the New York Central Company,
and is attended to by the employes of that Company. In
a similar way the greater part of the work connected with
our passenger business in Detroit is attended to by the em-
ployes of the Michigan Central Company, and we are not
even allowed to run our own engines into that Company's
depot.

" We desire only friendly relations with the Credit Valley
Company. If you force another state of affairs upon us we
will endeavor, of course, to protect our own interests, and
especially to guard our own property. You have sought to
make an arrangement with us. If our terms are rot such
as you think you can expect, it is not compulsory apon you
to accept them.

" You must concede that we have some right to a voice
in the matter, especially looking at the enormous sum of
money which we have had to expend in order to provide
terminal facilities for the business of the Company in Toronto.

'TT

" It will be no fault of the Grand Trunk Railway Com-
pany if satisfactory arrangements are not made and friendly
relations do not exist in the future between the two Com-
panies.

*' I am, dear Sir,

" Yours very truly,

"J. HICKSON."

" Grand Trunk Railway of Canada,
•' General Manager's Office,

" Montreal, 29TH December, 1879.

" George Laidlaw, Esq.,

" President Credit Valley Railway, Toronto.

" Dear Sir,

" I find that misrepresentations still continue to be made
in Toronto on the subject of the attitude of the Grand Trunk
towards the Credit Valley Company. The latest which has
come under my notice is that traffic is being offered along
the line of the Credit Valley Railway which cannot be
brought into Toronto in consequence of obstructions placed
in the way of your Company by the Grand Trunk, and that
the public are thereby not only seriously inconyenienced
but heavy losers.

" I confess I cannot understand why you should, in face
of the facts which are known to you, persist in this line of
policy. From the Grand Trunk Company, ever since you
commenced to construct the Credit Valley Line, you have
met with more liberal treatment than from any neighboring
Company. All your crossing arrangements have been se-
cured without the slightest trouble or inconvenience. When
you asked us to connect the Grand Trunk with the Credit
Valley at the Wilson House, your request was promptly
and willingly complied with. A short time ago when you
asked us to remove this connection we were prepared to do
so, but left it there in consequence of a later request from
your Company that it should be allowed to remain. The
materials which you have required to receive and to send
by way of this connection have been carried by this Com-
pany on the most liberal terms and conditions. We have
stood ready to take your business to and from Toronto at
any time on terms which, if not in your opinio!) satisfactory

to you as a permanent arrangement, were, it cannot be de-
nied, such as to enable you to transact any business there
has been to do, and to enable you to avoid inconvenience
to the public if you desired to do so.

*' In order to avoid further misrepresentation on this
point, I beg to advise you that we are prepared to take the
traffic of the Credit Valley to and from our stations in To-
ronto via the Wilson House switch on the foUowi'^g terms,
viz:

" For each loaded car to or from the Shedden Com-
pany's elevator, or the freight station of the Grand Trunk,
or the esplanade, the contents of which have not to be
handled by us, $3.

" For traffic handled by the staff of the Grand Trunk
Company, actual expenses divided by the tonnage of both
companies handled, or if preferred a fixed rate of twenty
cents per ton additional.

" For traffic carted in Toronto, the charge paid for
cartage by the Grand Trunk Company additional.

'• For grain sent into the elevator, in addition to the
charge for hauling the cars between the Wilson House switch
and the elevator, the charges of the Shedden Company for
elevating.

" Note. — The Grand Trunk Company will use their
gopd offices to procure same terms and conditions as apply
to their own traffic.

" For empty cars passing between the elevator, the
esplanade, or the freight warehouses of the Grand Trunk
and the Wilson House switch, 50c per car.

" For passenger cars containing passengers between
the Wilson House switch and the Union Station, $3.50 per
car.

" i-or express, freight or baggage cars, $3 per car.

" In addition to these charges if the cars are to be
cleaned, lubricated, &c., by the staff of the Grand Trunk
Company, the actual cost of doing the work.

" Of course no mileage is to be charged by your Com-
pany on cars passing between the Wilson House switch and
the elevator, the esplanade, the freight warehouses, or the
Union Station in Toronto.

r >

" As regards through traffic we are prepared to supply
our fair share of the cars required for its transportation on
the usual conditions, namely, a payment of three-fourths
cent, per car per mile when the cars are off our own line,
and we shall be prepared to a? low your Company on its
cars which may come upon the Grand Trunk Railway, a
similar rate.

" We are prepared to book passengers to all your
stations from Toronto at such fares as you may desire to
charge.

" A list of rates for traffic to or from places on the
Credit Valley and places on the Grand Trunk Railway,
which has been prepared by the General Freight Agent of
this Company is attached, and a table showing the percen-
tage divisions of such rates is in course of preparation.

"These rates we are ready to at once put into opera-
tion for traffic, to be exchanged between the Credit Valley
and the Grand Trunk system.

" If the rates are not found to be satisfactory, the Gen-
eral Freight Agent of this Company will be prepared to
meet any officer of your Company who may be charged with
the duty of considering them, and to agree upon such modi-
fications as are necessary to meet the requirements of the
business.

** I shall send a copy of this letter to the Mayor of To-
ronto and to the President of the Board of Trade, in order
that it may be clearly understood if there is any interruption
to business between the section of country served by the
Credit Valley Railway and the metropolis of Ontario, that
it does not result from any obstruct'on on the part of this
Company, but simply from causes wholly within the control
of your Company to remedy.

" I am, dear sir,

" Yours truly,

"J. HICKSON,

" General Manager."

It would appear, however, that the Credit Valley, and, to
some extent, the City of Toronto, never seem to think that the
question is, not, how can this new railway get in with the greatest
advantage to itself and its neighbors, but, how can it, in getting
into the City, do the greatest amount of injury to the other Com-
panies, irrespective of whether it, as a Company, is benefitted or
not ; m other words, how can the Credit Valley shew the great-
est hostility to existing interests ?

The Grand Trunk have on the faith of deeds and statutes,
expended large sums of money, and they have done this on the
faith of the Acts of the Crown and agreements with the City.
They, therefore, cannot but feel surprised to see Parliament asked
to disregard all these when no adequate reason exists for such a
high-handed and extraordinary course.

Herewith is a statement which appeared in the Mail, and
also a judgment of the Court in the suit now pending : —

The following statement on behalf of the Grand Trunk and
Northern Railways of Canada, explains the nature of the dispute
between these companies and the Credit Valley Railway Com-
pany relative to the attempted entry into Toronto by the latter
Company over the lands of the Grand Trunk and Northern Rail-
ways.

For months past the Grand Trunk and Northern Railways
have been accused and denounced by various persons and news-
papers for attempting (as was alleged) to crush the Credit Valley
Railway and prevent its access to the Bay in the City of Toronto.

It has been stated repeatedly in the public press that neither
the Grand Trunk Railway nor the Northern Railway is en-
titled to the lands claimed by them, and public feeling has been
persistently aroused against these companies by adherents of the
Credit Valley Railway Company, by means of newspaper articles
and municipal resolutions.

Acting under advice of counsel, these railways have hitherto
refrained from replying to these attacks, awaiting the final deci-
sion of the Courts.

That decision having been rendered in favor of the Grand
,Trunk and Northern Railways, these companies desire now to
put the facts of the case before the public, relying upon their fair
judgment to justify the course adopted by them in defending
their rights.

The land in question is a strip of land of one hundred feet
in width, extending from Queen Street on the west to Bathurst
Street on the east.

In the month of June last the Credit Valley Railway Company
applied to Sir John A. Macdonald, the Minister of the Interior,
for a license of occupation for a portion of this strip.

The land in question formerly belonged to the Ordnance
Department, forming a portion of what was known as the Ord-
nance Reserve.

By an Act passed in the year one thousand eight hundred
and fifty-six, the Ordnance lands became vested in the Crown,
and it was contended by the Credit Valley Railway that the hnd
in question, meaning the strip of one hundred feet, became vest-
ed by virtue of that Act in the Crown, and in consequence the
application was made to the Minister of the Interior, the control
of the Ordnance lands being in his Department.

Sir John A. Macdonald accorded a patient and considerate hear-
ing to the claims of the different railways, but on the 19th day of
July, one thousand eight hundred and seventy-nine, granted a
license of occupation to the Credit Valley Railway.

Sir John A. Macdonald, however, while granting the license,
was careful to protect the interests of the Grand Trunk and
Northern Railways.

On the application for the license he pointed out to the
Counsel for the Credit Valley Railway that only a limited right
would be granted, and he used the following language : — "If the
Northern Railway or the other railways have any legal or equit-
able title the Government cannot interfere with that, and no mat-
ter what thfe Government might do, the Court would override any
decision they might arrive at as to getting across this Ordnance
Property. No grant, or patent, or license of occupation will be
of any value if the title is elsewhere, either legally or equitably.

Following out this statement, and with a due regard to the
rights of these Railways, the Order-in-Council on which the
license was based expressly saved the rights of these Railways.
The Credit Valley Railway, therefore, accepted the license with
the full knowledge that it might be of no effect.

It appears, from the Order-in Council, that the license of
o ccupation was granted on a representation that there was no
o ther entrance into Toronto except over this one hundred feet
strip.

But for this mis-representation the Minister of the Interior
would not, it is fair to assume, have granted the license.

With the view of explaning the unfairness of the proposed
attempt by the Credit Valley Railway Company, and that it was

not even justified by necessity, we insert the evidence of Frank
Shanly, Esq., given in the suit between the parties.

From reading this examination it appears that to the south
of the strip of one hundred feet there is vacant land almost to
Bathurst Street owned by the Government, and over which the
Credit Valley Railway might be laid. Between the wall of the
Central Prison and the south fence of the one hundred feet strip
there is a space of fifty feet. It appears from this examination
how easily the Credit Valley Railway could construct their rail-
way, if disposed to expend in construction a portion of what has
been spent in litigation.

Q. Have you measured the land south of this one hundred
feetat all to Bathurst Street ?

A. I haven't measured it specially.

Q. How many feet is there between the Prison wall and
the fence to the south of the one hundred feet at present !»

A. I can't tell you from memory but I think there is some-
thing like twenty paces, there would be in the neighborhood of
from fifty to sixty feet ?

Q. Running from Queen Street down to the prison wall I
am told it is clear south of the one hundred feet ?

A. Yes, I think so ; there is a large space of vacant
ground ?

Q. Roughly considered, more than one hundred feet in
width ?

A. Yes, considerably more than one hundred feet.

Q. And that land is owned by the Government ?

A. It is where the present brick-yards are, from Queen
Street to the corner of the prison wall, I should say would be
about 2,800 feet ; a little over half a mile.

Q. And in that half mile there is ample space to the south
of this one hundred feet owned by the Government ?

A. Yes, there is plenty of space ; it is just the same land as
the rest — the same level.

Q. And with fair engineering talent, there is no difficulty
in constructing a railroad over that land ?

A. It would hardly require an engineer to put a railway
there if you had the land ; all you would have to do is to widen
out the rest of the tracks : it is all the same level.

'V.

< ll>

- Q-

there ?

You see no difficulties at all in constructing a track

A. No.

Q. Is there any fence blocking up the land between the
prison wall and the one hundred feet strip ?

A. I am not sure about that ; I rather think there is a
wooden fence, but I don't know.

Q. Then you go on and there is about 50 or 60 feet south
of the one hundred feet strip between the southern fence and the
prison wall ?

A. Yes ; that space extends you may say down to Strachan
Avenue, or very nearly so at all events ; of course after you pass
the prison wall you come into Central Prison grounds, where
there is a plantation and garden.

Q. After you pass the easterly Prison wall, that is the brick
wall of the Prison, you come then into the Prison grounds which
are not fenced off except by the railway fence.

A. Yes.

Q. And from Queen street right down to Strachan avenue
the ground is all open ?

A. Yes.

Q. And a railway constructed from Queen street to Strach-
an avenue could be laid right down without knocking any fence
down ?

A. That is my impression, except the fence on King
street.

Q. There is no reason why a railway shouldn't be built
from Strachan avenue to the south of this 1 00 feet ?

A. No reason at all if you had the ground ; I have always
understood that the ground to the west of the prison wall be-
longs to the Government ; the land to the east of the prison
wall to Strachan avenue is a garden and plantation ; the prison-
ers are not confined there at all ; I think the Government own
that ; it is about 4,700 feet from Queen street to Strachan avenue
— nearly a mile.

Q. And you see no reason why a railway shouldn't be
constructed on that strip ?

A. No reason at all, provided they got the ground.

Q. When you go east of Strachan avenue what obstruct-
ions are there ?

A. You come right into the emigrant shed; I didn't
measure the space between the emigrant shed and this loo feet;
the emigrant shed is not over 25 feet from Strachan avenue.

Q. Between the emigrant shed and the southern fence of
this 100 feet strip there is about 21 feet open, I suppose?

A. Yes.

Q. Where one track might be run along ?

A. Yes, by excavating and removing the emigrant shed
platform ; after that you would come on to tl\e platform of the
Great Western railway and Northern railway before you would
meet with any other obstructions ; that is about the eighth of a
mile from Bathurst street.

Q. So that with these exceptions you could lay a track
from Queen street to within the eighth of a mile of Bathurst
street without removing anything ?

A. I am under the impression you couldn't do that witiiout
coming into the grounds claimed by the Great Western, but I
don't know of my own knowledge what the boundaries are.

Q. On the face of the ground, irrespective of title or what-
ever difficulty there might be in acquiring the land, you could
come down within an eighth of a mile of Bathurst street simply
by removing the platform of the emigrant shed.

A. Yes, and building a retaining wall.

Q. There is no engineering difficulty in the way ?

A, Not at all ; you just have to excavate the same as the
Northern railway and the Grand Trunk railway did ; it wouldn't
be very expensive ; the most expensive part would be after you
passed the emigrant shed; the Great Western railway and
Northern railway platform is within an eighth of a mile of Bath-
urst street ; they would have to be removed, and then you could
get to Bathurst street, but there the tracks would have to be ad-
justed or the new track would have to have running powers over
the other tracks under the statute.

Q. Looking at the third paragraph of your affidavit you
said " that the said strip furnishes practically the only approach
etc., that is to say the only constructed approach ?

-T ' r

-T T

<A >

A. Of course I am speaking of the loo feet strip alone;
I have no reference to any other land ; I am speaking of the
approaches contained within the loo feet strip.

strip ?

There is another approach to the south of this i< o feet

A. Yes, if you get the ground.

Q. Do you know of any difficulty in getting the ground?

A. No, but when I made this affidavit I had only this lOO
feet in view.

Q. And there is no engineering difficulty in constructing
the line to the south ?

A. No.

Q. What you meant was that there was no other approach
within the loo feet strip?

A. Exactly.

Q. But you didn't mean to say that there wasn't an ap-
proach outside the loofeet?

A. No, I didn't mean that ; because any body coming
along there can see that if you get the land and move the emi
grant platform there is plenty of room.

It may be asked what motive the Credit Valley railway
would have in attempting to appropriate the lands of the North-
em and Grand Trunk railways when they might have constructed
their railway over land to the south ; The answer is obvious.
The Grand Trunk railway and Northern railway have expended
over fifty thousand dollars in making this strip available for
their railways. The license of occupation requires the Credit
Valley railway to pay the large (!) sum of one hundred dollars a
year to the Government for a portion of this strip, extending
from Queen street to Bathurst street, one mile and a quarter in
length. They would merely have to lay their rails on land
prepared by the Grand Trunk railway and Northern railway.

Looking to the great increase of traffic on the Grand Trunk
railway and the Northern railway, of this year, and the further
increase which may be anticipated for the future, it is confidently
asserted that one hundred feet cannot be considered by any
impartial person too wide an extent of land for the uses of two-
railways, such as the Grand Trunk railway and the Northern.
The Act of Incorporation of the Northern entitles them to take

one hundred and twenty feet in width for their own purposes.
The Act of Incorpor?ition of the Grand Trunk railway authorizes
them to take ninety feet in width for their railway. The two
railways are therefore entitled to a width of two hundred and ten
feet although only in occupation of one hundred feet.

It is confidently hoped that a perusal of the foregoing state-
ment will satisfy all right-minded persons that the course pursued
by the Grand Trunk railway and Northern railway, in protecting
their rights against unjust aggression, has been a course not
actuated by motives adverse to the completion of the Credit
Valley railway, but required in the interest of their stockholders.

The judgment given by the learned judge who heard the
cause, and which was reported at length in The Mail and Globe
of 8th of January, shows that the action of the Grand Trunk
railway and Nort^^hem Railway was justified by their legal rights.

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Grand Trunk Railway vs. Credit VaJley Railway.

-^ I »■

Judgment of Vice Ohancellor Froudfoot, after
hearing the Cause and taking time to
consider.

The following is the Vice Chancellor's judgment in full : —

The evidence that was supposed to be in existence when the
motion for the injunction was made has been sought for, and the
search has resulted in the discovery and proof of a large mass of
documents, establishing the actual position of the Ordnance De-
partment, the original owners of the land in question, in regard
to the Northern Railway Company, and the action of the Depart-
ment upon the application of the Company for the acquisition of
the right of way.

There is a voluminous correspondence between the various
officers of the Ordnance here and in Britain, references from one
office to another, notes by the persons to whom they were ad-
dressed, minutes of the Board, matters brought under notice of
the Secretary of War and of the Secretary for the Colonies, com-
munications from the Inspector General of Fortifications and
from the Military Superintendent of Pensioners — ^all valuable as
showing that the application of the railway company had received
the fullest and most intelligent consideration, that the possi-
ble effect upon the military defences, and the injury that might
result to the just claims of the pensioners, had all been carefully
weighed, and that the final action of the Department was based
upon a perfect comprehension of the facts, and with the deliberate
intention of doing what appears in the correspondence.

With these observations I shall not think it necessary to
refer further to much of the correspondence, and shall only no-
tice what appears to me most material for the decision of the
matters now at issue between the Companies.

The nature of the suit and of the pleadings appears in the
report upon the application for an injunction, and of the re-hear-
ing of the order made upon it, to be found 26 Gr., 572. The bill

has, however, been amended since the hearing of the motion by
stating the license relied upon by the Credit Valley Railway,and
stating reasons why it should not affect the position of the plain-
tiff- and by setting out in detail the particulars of the title under
which the plaintiffs claim, through the dealings of the Ordnance
Department, and under the statutes of the Province.

I shall not repeat what was held by this Court upon the re-
hearing of the motion, viz : — That the Northern Railway Com-
pany are affected by the General Railway Act, and that the
Company was authorized by the statutes to take Ordnance lands.

On the 27 th October, 1851, Mr. Boul ton, the then President
of the Ontario, Simcoe, and Huron Railway, now represented by
the Northern Railway Company, applied by letter " for certain
portions of the Military Reserve in Toronto, which the Company
require as well for a portion of their line, as for convenient sites
for stations, workshops, and other appurtenances necessary for so
important a work." And Mr, Boulton also stated that "the Com-
pany propose on their part to offer to your honourable Board as
a consideration for the accommodations sought, to transport in all
time coming Ordnance and all other military stores along the
whole line of road to Lake Huron at the lowest rate at which the
heaviest and most bulky articles will be carried, and Her Majesty's
troops at the lowest rate which will be charged for any passengers."
He then referred to the sections of the Company's charter auth-
orizing the acquisition of the property, though belonging to the
Crowrt or otherwise, and added a suggestion as to the obvious
importance of the road in a military point of view.

After much correspondence between different officers of the
Ordnance Department and others, the Master-General and
Board of Ordnance authorized a letter to be written by the Sec-
retary, Mr. Butler, on the 9th Tmuary, 1852, to Mr. Merivalefor
the information of Earl Grey, « ich I quote at length as contain-
ing the final conclusion of the Department : —

War Office,

9th Jan., X852

Sir, — I have the honour, by command of the Master-General
and the Board of Ordnance, to acknowledge the receipt of your
letter dated the 12th and 27th ult, relative to the appropriation
of a part of the Ordnance Reserve at Toronto to the purposes of
thf; Toronto, Simcoe, and Lake Huron Railroad Company, and I
am to acquaint you, for Earl Grey's information, that reports on
the ijubject have also been received from the Inspector-General
of Fortifications, the Commanding Royal Engineer in Canada,
and the respective officers at Montreal. The Master-General and

. »•

Board have also availed themselves of the assistance of the Ord-
nance Solicitor, and of Mr. Elliott, the Ordnance storekeeper at
Montreal, now in this country serving on the Commissariat Com-
mittee at the Treasury, and the Inspector-General of Fortifica-
tions. The reserve reports of these parties are herewith trans-
mitted, Nos. I, 2, and 3.

It seems from these reports there is no doubt that under the
provisions of the lOth clause of the Act to incorporate the Toron-
to, Simcoe, and Lake Huron Railway the Company cannot be
considered to have acted illegally in entering upon the reserve
without previous consent, and that the Department can only insist
upon compensation in the manner prescribed by the Company's
Act, which will be to demand of the Company such a sum as
may be considered the fair value of the land taken, and if refused
to have the price fixed by the Chairman of the General Quarter
Sessions and the Justices, as provided by the 17 th section of the
Railway Act, allowing whatever sum may be so recovered to be
paid into the military chest to the public credit, and leaving it to
Her Majesty's Government to decide what proportion of the
.money should be granted as compensation to the pensioners by
improvements upon the adjoining aMocations, in which proposi-
tion the Master General and Board request the acquiescence of
the Secretary of State, and through his Lordship, of the Secretary
of War.

I have, &c.,

G. Butler.

The report of the Ordnance Solicitor referred to in that letter
is dated Dec 31, 1851, which I also quote at length : —
[51 M 1,736 Received 31 S ]

1,012

Office of Ordnance,

31st December, 1851.

Sir, — By the loth section of the Act to incorporate the
Toronto, Simcoe and Lake Huron Railway, the Company are
empowered to enter upon lands of the Queen's Majesty and all
other persons , and to appropriate the same to the making a
railroad, and the i6th and 17th sections prescribe the mode of
ascertaining the value, if the parties disagree. t..r\ .

By the 7th Vict, cap. 11, passed 9th Dec, 1843, (the Canada
Vesting Act,) the 15th section provides that nothing in that Act
shall prevent or restrain the Parliament of the Province from
authorizing the construction of any canal or railway over lands set
apart for military purposes.

f'^

It appears to me that the only course to be taken is to de-
mand of the Company such a sum as may be considered the fair
value of the land taken, and if refused, to have the price fixed by
the Chairman of the General Quarter Sessions and of the Justices,
as provided by the 17th section of the Railway Act

I have read over the papers with Mr. Elliott, the Ordnance
storekeeper at Montreal, now in England, serving on the Com-
missariat Committee at the Treasury. He has made the minute
which I enclose, in all of which I agree, excepting the recom-
mendation in par. 6 — that the ordnance should at once take steps
to restrain or eject the Company.

On the pointing out to Mr. Elliott the clause in the Railway
Act, he agrees with me that his suggestion cannot be adopted.

I am, Sir,

Your obedient servant,

Thomas Clarke,

Solicitor Ordnance.
3i$t December, 1851.

Submit to the Master General : —

The Board regret to have occasion to trouble his Lordship
so frequently on this subject, but at the moment they were about
to act upon his Minute of the 29th inst, (E. 1,813,) Mr. Meri-
vale's letter dated the 27th (S. 168,) came to hand, the leference
upon which to the Ordnance Solicitor has led to this report from
him.

The Board therefore propose to acquaint the Secretary of
State (explaining the nature of their intended communication to
him on the Master-General's Minute above mentioned,) with the
purport of the Solicitor's report, and to request if it meet his
(Lord Grey's) concurrence, that the Secretary of War may be ap-
prised of the facts and suggestions submitted by Mr. Clarke and
Mr. Elliott, so far as they agree, with a view of obtaining the
acquiescence of both these authorities in the mode of proceeding,
which appears to be the only alternative left.

C. F.

The M.-G. concurs.

C. P., Jan. 5th, 1852.

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9th January, 1852.

Ordered, that the communication contemplated by the fore-
going Minute be now made to the Secretary of State.

C. F.

Wrote Mr. Merivale, 12th.

A part of the report of Mr. EUiott, the Ordnance store-
keeper in Montreal, then in England, has been preserved, in which
he says : — " It seems to me a point of doubt whether, under the
provisions of the loth clause (of the Company's Act), the Com-
pany can be deemed to have acted illegally in entering upon the
reserve withoxit previous consent, but I apprehend the reserva-
tion of Her Majesty's rights provided m the 5 2nd clause. would
enable the Ordnance, unde*" ^.he Vesting Act 7 Vic, c. 11, to re-
strain or proceed against the Company for the trespass. If the
Department have no such power, then it can only insist upon com-
pensation in the manner presented by the Company's Act," and
the part of the letter objected to by Mr. Clarke, the Solicitor, is
this, "I think the better course would be for the Ordnance at
once either to take the necessary steps for restraining or e;"''ting
the Company if it be deemed advisable not to concede the ground,"
or, on the other hand, to claim compensation.

From these papers it appears that the Board of Ordnance
had adopted the opinion of their Solicitor, although it is stated as
doubtful by Mr. Elliott that the Company were acting within the
powers conferred upon them by this Act, and that aJl the De-
partment could require was compensation for the land taken.

Before this decision had been anived at, the respective offi-
cers of the Ordnance in this Province became aware that the
Company had taken possession of the land, and not only com-
menced operations by grading, but persisted in proceeding with
the work, notwithstanding repeated remonstrances from officers
of the Department, and they instructed Mr. Kirkpatrick, their
solicitor in Kingston, on Dec. 15, 1851, to take immediate action
to compel the Railway Company to desist from their trespass,
and also asked his opinion as to the right of the parties to take
such steps.

On the 24th Dec., 1851, Mr. Kirkpatrick gives his opinion
upon the questions submitted to him, and expresses it to be "from
a perusal of all the Acts, that the Ordnance land in question is
not exempted from the operation of any acts which may have
passed the Provincial Legislature, authorizing the construction of
railroads, provided the Companies take the necessary legal steps
to procure the land or make compensation therefor." He also

says that by their Act, in the first instance, the Company have
only the right to enter upon and survey the lands and mark out
.what is required for the work, * * * and the Company
must agree with the owners, and in case of disagreement lodge
the supposed value in the Court of Chancery before they can take
possession of the lands for the purpose of making the railroad.

On the 6th January, 1852, the respective officers at Montreal
report to the Board of Ordnance the proceedings they had direct-
ed to be taken and transmit copies of the correspondence, and
trust the Master-General and Board will approve of the instruc-
tions given to the Solicitor for the assertion of the Ordnance
rights and for resisting to the utmost the encroachments of the
Company.

The Board of Ordnance, on the and February, 1852, having
before them Mr. Kirkpatrick's opinion and the letter of the re-
spective officers of the 6th January, direct the respective officers
to be informed that the Board approved of their proceedings, but
to apprise them at the same time of the purport of the Board's
communication of the 9th January to the Secretary of State in
answer to a reference from His Lordship on this subject. This was
accordingly done by a letter of 2nd February from the Secretary
of the Board, and he enclosed an extract from the letter of the
9th January.

Meantime, on the 27 th January, the respective officers at
Montreal transmit copies of a further correspondence with Mr.
Kirkpatrick, and as the Company had engaged to discontinue
their operations until the arrangement was effected with the Ord-
nance Department, all further proceedings were stayed for the
present, and the respective officers were awaiting the decision of
the Board upon the Company's application. This wa» received
by the Board on the loth February, and on the i8th it was read
aL>d the respective officers were referred to the Board's communi-
catiorj of the 2nd February.

The Board has thus twice confirmed its action of the
gth of January, after becoming aware of the proceedings
taken to assert the rights of the Department and to restrain
what was considered the high-handed proceeding of the
Company in taking possession, without permission, of the
land for the road. They had before them the opinion of
Mr. Kirkpatrick, that until compensation was made the Com-
pany had no right to appropriate the land, but they do not
think proper to interrupt the progress of the work until the
amount be ascertained and paid. They, indeed, approve of
the course of the respective officers in taking proceedings to
assert the rights of the Department, but refer them to their

'f Mr

letter of the 9th of January. This approval, so far from im-
plying a direction to the respective officers to prosecute such
proceedings, as it has been argued, when coupled with that
significant but, seems to me to amount to an approval of
what had been done before a decision had been arrived at
— now that the decision had been made, they should cease.

The only further record, I think, in regard to the com-
pensation is an extract from the Treasuiy Minute of the 17th
Dec, 1852. "And lastly they should take immediate steps
(to recover) from the Toronto, Simcoe, and Lake Huron
Railway Company the value of the 34 acres of the reserve,
with the buildings upon it, which the Company appropriated
under their Local Act." This was sent to the Board of
Ordnance by the Secretary to the Treasury on the 20th of
Dec, 1852. But there is no evidence to show that any ac-
tion was taken upon it. To this further period it seems then
that the only claim the Board considered they had was one
for compensation.

It is said the Board were acting under a mistake of the
law — that the Company could acquire no right, and did not
acquire any, because the payment of the compensation was
a condition precedent to acquiring it — and that the Acts of
Parliament did not authorize the taking of Ordnance lands
at all.

This latter point scarcely seems open for my considera-
tion since the opinions given on the rehearing of'^the motion.
Were it still open, I see nothing to induce me to alter the
view I took when the motion was before me, and which co-
incides with that held by the Solicitor of the Ordnance, by
Mr. Kirkpatrick, and by this Court on the rehearing.

In regard to the former, that payment was a condition
precedent, I think I may assume for the purposes of this
case that Johnson v. The O. S. & Huron Railroad Co., 11
B. R. 246, correctly states the law as to the powers of this
Railroad Company, and that an owner of an estate might
prevent the Company from taking possession until compen-
sation was made — although if an occasion should call for it,
it may be found necessary to consider what effect the Gen-
eral Railway Act, to which this Company was also subject,
may have upon it — a subject not noticed in that <pase, nor in
the opinion given by Mr. Kirkpatrick. But the Board had
the conflicting opinions of Mr. Clarke and Mr. Kirkpatrick
and the doubt of Mr. Elliott before them when they cam&
to the decision of the 2nd of February. They, must, there-
fore, have known that it was at least doubtful if the Com-

})any had the right they were asserting, yet they deliberate-
y adopt the view that the Company could enforce this right,
and leave them only the subject of compensation to deal
with. Now, a conditioil precedent is not an iron rule form-
ing an insuperable obstacle not only to the action of one,
but of both parties to a transaction. When found in a con-
tract it can be waived, modified, or treated as non-existent,
by the person in whose favor it is inserted. And when
found in a statute it is inserted for the benefit of those aflfect-
ed by the enactment, and they may equally abandon its
protection, It is an elementary rule that Aliquis potest
renunciare juri pro se introducto, or as it is otherwise ex-
pressed Liceat sui juris persecutionem, aut spent futurce per-
ceptionis, deteriorem constittiere, Dig. 2, 14, 46, or Omnes li-
centiatn habere, iis quoe pro se introducta sunt, renuntiare, Cad.
2, 3, 29. The rule that private persons may not agree to
anything derogatory to the public interest — Privatorum con-
ventio juri publico non derogat, D. 50, 17, 45-1, has no appli-
cation here, for two reasons : — Because one of the parties
was a public body, having the care of the public interest,
and because it was after considering the interest of the pub-
lic, and being satisfied it would not be prejudiced, that the
resolution was adopted. In so far as the right to the money
was concerned, there was no act of the Board of Ordnance
derogatory from the right of the public to recover it ; if not
paid, a lien from it remained, and if it has been abandoned
it rests upon the action of a body whose acts I have no.
right to call in question, the Parliament of the Province.

The Company proceeded with the work in the spring of 1852.
The evidence is not very clear as to whether the Company then
had a copy of the letters of the 9th of January and 2nd February.
The Company's offices were destroyed by fire and their papers
burnt, but Mr. Cumberland says he believes there was among
them a letter from the Ordnance Board of the 9th of January or
2nd February ; recollects a paper of the Master-General to the
effect of the order of the Board of Ordnance. They are quite
familiar to him. They were in the custody of Sladden the
Secretary. It was always regarded as an express assent of the
Ordnance to the proceedings of the Company. Taking that in
connection with the agreement of the Company not to proceed
with the work till the decision of the Board was arrived at, and
which would naturally be presumed to be communicated to the
Company, I have no difficulty in determining, as a matter of
fact, that the letters of the 9th January and 2nd February, or the
purport of them, were in the possession of the Company in the
spring of 1852, and that the work was prosecuted under that
sanction. During the progress of the work it was frequently

"t |v

X J

inspected by officers of the Ordnance Department in their official
capacity. They were witnesses to the fencing it up from the rest
of the Ordnance property, to the expenditure of large sums of
money in the construction of the road, and I must assume that
they performed their duty in keeping the Department informed
of what was being done on their property — though it is scarcely
necessary to assume it, as the Board knew what the Company
wanted — that they only stayed work until the decision of the
Board should be made, and when that was made that the work
would be resumed and prosecuted. Before this the action of the
Company was resisted ; after it all opposition was withdrawn, and
the Company was allowed to go on and perfect their work in ^
peace. That being so, I apprehend the Board would not be per-
mitted to prevent the occupation of the land by the Company ;
that they would be restrained from doing more than realize their
lien.

I now proceed to consider the Act 19 Vic, c. 45, transfer-
ring the reserve at Toronto to the province. The 6th sec. enacts
^ that the lands in the reserved schedule, which had been vested
in the principal officers of Her Majesty's Ordnance, and which
had been used or occupied for the service of the Ordnance De-
partment, or for military defence, shall be and become absolutely
in Her Majesty the Queen for the benefit, use and purposes of
the Province, ♦ ♦ ♦ # but subject, nevertheless,
to all sales, agreements, lease or leases, already entered into with
or by the principal officers, and the 7th section that the Act should
affect the rights of any parties claiming any of these lands. The
Act was assented to on the 19th June, 1856. On the 5th Novem-
ber following a schedule was prepared by Mr. Walkem and Mr.
Pilkington, and sent to the Inspector-General of Fortifications on
the I sth November, showing more distinctly than the schedule
to the statute, the several properties transferred to the Provincial
Government. This schedule states that the Ontario, Simcoe, and
Huron, or Northern Railway, had been permitted to occupy a
portion of the reserve, but that no deed had been executed to
them. And on the 5th December, 1856, in reply to enquiries of
Colonel Coffin, the Ordnance Land Agent of «^lie Provincial Gov-
ernment, Captain Galway, of the Royal Engineers Department,
informs him that the Ontario, Simcoe, and Huron Company took
possession under authority of their charter, 12 Vic c. 196, and
the legality of the proceeding was recognized by the Master-Gen-
eral and Board order of 2nd of February, 1852. These documents
are only a repetition of what has already been established, but are
valuable as a recognition of the right of the Company down to
that period, and a notice of it given to the Provincial Govern-
ment. And it seems to me of little importance what Captain
Galway's powers were, for without any authority to do so he could

have notified the Government of the existence of the right, which
is established by other evidence, and if this were done in answer
to an application by the agent of the Government, they could not
complain of his having no authority to give them the information
they sought. I think that the Northern Railway Company had
an equitable right, at least, under their dealings with the Board of
Ordnance, and that the Government took the land subject to
that right.

I have not forgotten the argument resting upon the 7 Vic,
c. II, s. 15, that the power of the Parliament to authorize the
construction of railroads upon any lands which may have
been reserved or set apart for military purposes applied only to
such reserved lands, and that it was not proved that these lands
were so reserved. But the evidence does seem to me to establish
that they were reserved, not purchased. The title is deduced on the
map prepared by Mr. Fleming — the very name of the "Garrison
Reserve" indicates it — the action of the Board of Ordnance re-
cognizes it — and during the whole course of the correspondence
on the subject there is no hint, no suggestion, of any doubt that
the lands were such as the Parliament could deal with.

By the Act of 1859, 22 Vic, c 89, the road and line of the
Northern Railway Company were vested in the Crown ; and by
the Act of i860, 23 Vic, c 105, the whole was re-vested in the
Company, upon conditions which have been complied with or
waived. By a clause in the Order-in-Council recited in this Act,
the Governor-in-Council reserved the complete control and direc-
tion of the station and other ground in the City of Toronto occu-
pied by the Company, as well as of the alignment and disposition
of the track of the railway leading into and within the city, with
the view of completing such arrangements as may be deemed ex-
pedient by the Government for effecting proper connections with
the other Provincial railways in the City. It appears that for
some years proceedings had been pending before the Railway
Commissioners on the application of the officers of the several
railways coming into the City, with a view of enabling the Grand
Trunk Railway to connect the eastern and western sections of
their road, and of definitely settling the allowance of the three
railroads passing into and through the City. These resulted in a
report of the Commissioners to the Governor-in-Council in 1858,
m which they recommended that the Grand Trunk Railway
should make all the necessary arrangements with the two other
roads, without charge to the Government, for a more convenient
approach to the City, &c., and that so much of the Garrison Re-
serve as was then occupied by the three roads should be sur-
rendered to the Government for the purposes there indicated.
The Companies had not yet acted upon this. The Grand Trunk
Railway was straitened for means, and could not then conveni-

Tf l«»

- t

ently carry out the arrangement. Knowing these facts, the cir-
cumstances existing when the Act was passed, it is probable that
the reservation in the Order-in-Council was intended i ; apply to
the existing roads, to enable the pending arrangements for the
location of the lines to be finally adjusted. The language seems
to refer to existing roads, anri betrays no design to embrace future
undertakings. Whether it is permissible to have regard to these
circumstances in limiting the operation of the Act, when the In-
corporation Act (31 Vic, c. I, s. 6., s. s. 2) says that the law is to
be considered as always speaking, and whenever anything is ex-
pressed in the present tense, the same is to be applied to the cir-
cumstances as they arise, I shall not stop to enquire, as the Act
was repealed in 1875, as we shall immediately find. Within a
month after the passing of this Act the three railway companies
agreed to carry out the recommendations of the Commissioners,
with some modifications ; the work was placed under contract,
and completed at a cost of about $70,000. This contract is de-
scribed by the witnesses as being the outcome of what took place
before the Commissioners — though all that was recommended in
their report was not carried out. It was contended that the
action of the Commissioners was in excess of their powers — that
they only had authority to deal with crossings. I am not pre-
pared at present to assent to this limitation of their powers, but
it is not necessary to decide the general question, for I think that
to deal properly with crossings in a complicated network of rail-
ways entering a populous city the proper location of crossings
may, and in this instance did, involve the alignment of the roads
within the City, and that it was within the powers of ihe Com-
missioners. A perusal of the [)roceedings before the Commis-
sioners satisfies me that the chief matter before them was that of
the crossings, and that anything further was dealt with as incidental
to that subject. The Commissioners recognized the right of the
Northern Railway Company to their location on the Reserve,
and in recommending that it be surrendered, implied that they
had the estate to surrender, and the statute of i860, by reserving
a right in the property revested in the Company, implies that
everything not reserved is granted. From i860 till the present
time, the arrangements then made have been carried out, the
Government has never sought to interfere with them, thf Railway
Company have been publicly using and enjoying the rights then
acquired, and if any assent of the Government were required to
render them unassailable, that assent ought to be implied. Wel-
land V. Buffalo, 31 B. R., 539, is an authority for this.

It is said, however, that though the Government may be bound
not to disturb the Grand Trunk Railway Com any in the use of
the 27 feet assigned to them by the arrangements of i860, there
was still land enough left upon which again to exercise this re-

6io

served power in favour of the Credit Valley Railway Company.
But the Order in Council was repealed by the Act of 1875, four
years before the license to the Credit Valley Railway Company.
This Act, it is argued, being a private Act, could not affect the
rights of the Crown. The right of the Crown in this instance
was created by an Order-in-Council, confirmed by an Act of Par-
liament (i860), and the same power that had the authority to
confer the right had the power to put an end to it. It can be
dene either by a public or a private statute, and where a pre-
rogative of the Crown is concerned, it may be affected, not only
by i;!' 2 express words of the Act, but by necessary implicadon.
And, assuming the exercise cf this authority to be a prerogative,
or in the nature of a prerogative, it could only be extinguished by
express langUcige or by necessary implication. There appears to
me to be that necessary implication here. The authority was re-
set ved to the Govemor-in-Council by an Order-in Council. When
the Parliament repealed t\ i Order-in-Council, what oUonger in-
dication of iii.:en*^ion could there be i.hat tins power should no
longer be exercis^-d. Sir Peter Maxwell (Interp., of Stat., 116)
says : — " The Crown, however, is suffroi^ntl^ naji. ;d in a statute
within the meaning of the maxim, when an intention to exclude
it is manifest."

The rule commented on by Sir Peter Maxwell is " that the
Crown is not bound by a statute unless named in it." The In-
terp. Act, 31 Vic, c. I, s. 7, s. s. 33, says that no provision in
any Act shall affect in any manner the rights of Her Majesty, un-
less it is expressly stated therein that Her Majesty shall be bound
thereby. The rule is more specific than the law, for it say.
named ; but to take a case out of the rule necessary implicadon
suffices, and so it should to take it out of. the law Wsbst' ••,
under the verb "to express," explains it to mean to utter, to de-
clare in words, to speak, and also i.o show or make known, to
indicate — a downcast eye or lock may express humility, shame or
"I'i'^. Whence it would seem that if tlie intention may be in-
ferred irom tht terms used, the language of the Act would be
complied with, or as it has been stated, "expressum dicitur, quod
conjectuiis colligitur," and "illud est expressum quod continetur
mente legis, (^uod evidentibus signis colligitur."

The only distinction between public Acts and locU or per-
sonal enactments, applicable to this subject, seems to be that the
latter are to be construed more strictly when they cor.fer privi-
leges and powers interfering with the property or rights of others.
Maxwell, 268. But where the intention of the Legislature is
clear it does not matter whether it be expressed in a public or
private Act.

In 1875 the lien of the Government upon the road amount-
ed to nearly ^^600,000 sterling, and by the Act of 1875, c. 65,
passed to re-arrange the capital of the Company, and to consoli-
date the various Acts relatmg to it, the undertaking of the Com-
pany is declared (s. 26) to consist, among other things, of "its
main line of railway as the same now exists." And by another
Act of the same session, c. 23, the Government compromised its
lien for ;^i 00,000 sterling, which has since been paid.

When the Ordnance property was transferred by the Act of
1856, subject to any agreements, &c., that phrase was for the
benefit of the persons who had agreed with the Ordnance De-
partment. It did not mean to reserve to that Department the
benefit of the agreements ; that benefit was transferred to the
Province, and therefore any lien for purchase money that existed
passed to the Province.

When, therefore, in the Act of 1875, c 23, it was recited
that the lien of the Dominion on the railway and property of the
Northern Railway Company amounted to the sum of ^570,000,
that must be taken to include all the claims of the Dominion in
whatever manner they might have accrued, and to have been
settled by the compromise. It would be impossible to hold that
any lien was retained — it would have been a breach of faith with
the creditors of the Company, and there is no difficulty in sup-
posing that when parting with ^^470,000, they would hesitate to
extinguish the comparatively trifling sum representing the value
of the 34 acres of this reserve nearly thirty years ago.

I conclude, therefore, that the Northern Railway Company,
under the dealings with the Board of Ordnance, and under the
various statutory enactments noted above, acquired a title, free
from any lien for purchase money, to the 34 acres of the reserve
taken by them.

The estate that a railway company takes in the land required
for its road is not of the absolute untrammelled nature of the fee
simple of a private individual, it is obtained for a particular pur-
pose ; and while that purpose is served, it will not be permitted
to assert rights that a private owner might ; and that is the effect
of the decisions to which I was referred ; of Bostock v. North
Staffordshire Railway Co. (5 DeG. & S, 584, 3 L. & G. 291, 4 E.
& B., 798,) United Land Co. v. Great Eastern Railway Co., L.
R., (17 Eg., 158, 10 Chy., 589,) Norton re London and North
Western Railway Co. (9 Ch. D., 623,) MuUinerv. Midland Rail-
way Co. (11 Ch. D., 611.) But there is nothing in these cases
to establish that another railway company, on account of this
peculiar quality of the title, may treat it as if no title existed, and
take possession for its own purposes of the location of the line,

with no better right than that of the strong hand. By their
charter the Northern Railway Company had a right to take lao
feet in width. They only took 99. And under the General
Railway Act other railway companies were empowered to use the
lineifbefoi ft 30th June, 1858, without, and if after with, the
assent of a department of the Government. And if that could be
done contrary to the wish of the owner of the line, it certainly
might be done by the agreement of the parties. The Judge has
expressed his opinion to this effect in the judgment upon the
rehearing, to which I then assented, and now assent. Such an
agreement is wanting in the characteristics of an ordinary aliena-
tion or abandonment, because it was not needed for railway pur-
poses- The first agreement between these Companies was as
'"Afly as 1856 or 1857. It had expired before the 8th January,
1858, and on that day a new agreement was made for the use of
the track of the Northern Railway Company by the Grand Trunk
Railway Company for a part of the distance, and for laying a
separate track for the remainder, to continue for a year, but in
view of a permanent location of the Grand Trunk Railway tracks
in the rear line laid down on a plan exhibited by Mr. Fleming.
The pern' \nent location was not made, I think, till i860, but
ought to be treated as made in pursuance of this agreement of
January, 1858, and therefore not requiring the assent of the Gov-
ernment. If '* is to be considered as made later than June, 1858,
then under the circumstances already detailed, and upon the
principles enunciated in Welland v. Buffalo, 31, B. R., the
assent of the Government ought to be presumed, and especially
considering the long time that the user under the agreement has
been permitted without interruption, and its recognition in various
ways by the Government. But this answer of the Credit Valley
Railway is not an information for intrusion at the suit of the Crown

-the Crown has taken no steps to have the right declared
forfeited for abandonment or alienation — the license to the Credit
Valley Railway was made under an Order in Council expressly
reserving the rights of the other companies, and it is not com-
petent for the Credit Valley Railway to intervene and claim a
forfeiture. Besides, if the alienation or agreement between the
Grand Trunk Railway and the Northern Railway was an improp-
er use of the right of ownership, the result would not necessarily
be %rfeiture ; it might have the effect of depriving the Oand
Trunk Railway of the use of the line and restore the Northern
Railway to their old dominion. In that case it would not
benefit the Credit Valley Railway j but it would be impossible
for the Crown, after all that has occurred, to treat the permission
to the Grand Trunk as a thing that ought not to have been
granted. It would be barred by its acquiescence, by its recog-
nition of the existence of the actual condition of the compan-

T t

ral
he
he
be

ies, and by its endeavour to secure a proper connection over this
99 feet for the sections of the Grand Trunk.

And further, the Northern Railway Company are parties to
the suit, and pray for the same relief as the Plaintiffs. Indeed,
I do not see why they may not be treated as Plaintiffs ; they
have throughout contested the right of the Credit Valley Rail-
way, and all the evidence affecting the questions now attainable
having been given, there can be no injustice done in treating
them as Plaintiffs, in administering relief as between co-defendants.
The Northern Railway Company do not contest the right of the
plaintiffs, they admit it, and seek its enforcement, as well as the
enforcement of their own.

I think the plaintiffs entitled to a decree restraining the
Credit Valley Railway, &c., from trespassing on the lands in
question, and to a declaration that no title passed to them under
the license of occupation, and to an enquiry as to the damages
sustained by the trespass with costs.

'•.'

SI'

'^,'i^'.
.-?'

APPENDIX.

The Grand Trunk Railway, after the transactions mentioned
on page 31 and preceding pages, bought and obtained a deed in
fee, from the grantees of Dr. Rees', the land on which the Betz
Tavern stood, on the Comer of Esplanade and Simcoe Streets,
also the property spoken of as the Rees Lots, on Simcoe Street,
and the lands north of this up to Front Street.

In the meantime, questions having been raised by the City
and Great Western Railway Company as to the validity of the
agreement between the City of Toronto and the Grand Trunk
Railway Company respecting the Esplanade right of way, an
agreement was entered into between the parties for the iSnai
settlement of all these disputes, and this agreement was confirmed
by an Act of Parliament. The agreement and the Act were pre-
pared by the present Mr. Jusi e Cameron, at the request of all
parties ; the agreement is given as a schedule to the Act, and the
Act and agreement are as follows : —

CAP. XXXIV. ^

"j.,^ \

AN ACT to legalize and confirm an agreement made between
the Grand Trunk Railway Company of Canada, the Great
Western Railway Company and the Northern Railway
Company of Canada, relating to the Toronto Esplanade,
and for other purposes therein mentioned.

[Assented to i8th March, 1865?^

WHEREAS an agreement, bearing date the twenty-second
day of December, in the year of our Lord one thousand eight
> hundred and sixty-four, has been made between the Grand,

Trunk Railway Company of Canada, the Great Western Railway
Company and the Northern Railway Company of Canada, for
the settlement of differences, and to define the rights, privileges
and obligations of the several Companies towards each other in
respect to the Esplanade in the City of Toronto, and the use
thereof, and ibr other purposes therein set forth, which said

agreement is set oat in the schedule to this Act ; and whereas
the said Companies have petitioned that the said agreement
may be confirmed, and it is expedient to grant the prayer of the
said petition : Therefore, Her Majesty, by and with the advice
and consent of the Legislative Council and Assembly of Canada,
enacts as follows :

1. The said agreement, bearing date the twenty-second day
of December, in the year of our Lord one thousand eight hun-
dred and sixty four, and which forms the schedule to this Act,
is hereby confirmed, and all and singular the provisions, stipu-
lations, covenants and agreements, and other matters and things
in the said agreement contained, shall be valid and binding upon
the said several Railway Companies according to the tenor and
effect of the said agreement.

2. Esplanade Street shall be deemed a public highway, and
it shall and may be lawful for the Corporation of the City of
Toronto, to grant to the said several Railway Companies, a right
of way over, upon and along twelve feet six inches of the south
part thereof for railway purposes, as in the fifth clause of the said
agreement provided ; and the said right of way of twelve feet six
inches, and of the twelve feet six inches off the north part of the
south forty feet of said Esplanade, shall be thereafter used and
enjoyed by the said Railway Companies for railway purposes as
in the said agreement mentioned.

3. It shall and may be lawful for the said Railway Companies
to exercise, have and enjoy, in and upon the Toronto Esplanade,
all and singular the rights, easements, privileges and powers in
the said agreement mentioned ; but the south twenty-seven feet
six inches of the said south forty feet of said Esplanade shall,
for railway purposes, be exclusively used and enjoyed by the said
Grand Trunk Railway Company, as in the said agreement men-
tioned ; provided that nothing in this Act or in the said agree-
ment contained, shall be understood or construed to grant or
convey to the said Railway Companies or any of them, an estate
in fee in the said Esplanade or any part thereof.

4. It shall, from time to time, as the same may be required
for public use, be the duty of the said Railway Companies, at
their own expense as hereinafter specified, so to construct the
spaces between the rails and between the tracks, and all the
spaces on and over the southerly fifty-two feet six inches — (the
Grand Trunk Railway Company as to the south twenty-seven
feet six inches, and the said three Companies as to the twenty-five
feet north thereof) — as shall be proper and suflficisnt for crossing
the said rails and tracks at any point, and shall so construct the
same as to the level at which the same shall be, relatively to the

^t^

said rails and otheiwise, and as to the materials to be used, such
as ballast, broken stone, paving or planking, and as to the man-
ner in which the same shall be so constructed, as the said Cor-
poration of the City of Toronto shall approve, and shall always
thereafter keep and maintain the same in an efficient state of
repair upon notice from the said Corporation of the City of
Toronto.

5. The said companies shall not, nor shall either of them
leave standing upon the said tracks or upon the switches, or upon
the said twenty-five feet, any trains, cars, engines, materials, ap-
pliances, stock, freight, goods, or other things, other than those
cars, engines and trains required for the purposes of their trade
with the City of Toront<> in loading or discharging freight and
for passenger traffic, nor for any longer time nor more frequently
nor otherwise than shall be, necessary for such purposes, nor
shall they discharge or unload their cars on any street crossing.

6. In the event of differences arising at any time between
the Corporation of the City of Toronto and the said Railway
Companies as to the loading, unloading, or discharging of freight,
or the alleged inconvenience of the places where the same is con-
ducted, or the times and manner of doing so, or any other ob-
structions arising out of any of the matters or causes in the last
preceding section mentioned, the same shall be settled by refer-
ence to the Railway Inspector appointed or to be appointed by
the Railway Commissioners.

7. It shall not be lawful for any or either of the said Rail-
way Companies to run their engines or trains over or along said
Esplanade at a greater rate of speed than four miles an hour,
unless permitted so to do by by-law of the said Corporation of
the City of Toronto, but in no case to exceed the rate of six
miles an hour.

8. In case the Corporation of the City of Toronto shall
refuse to grant the said twelve feet six inches of the south part of
Esplanade Street to the said Railway Companies, the agreement
in the schedule to this Act and this Act shall become inopera-
tive, and the said Corporation of the City of Toronto and the
said Railway Companies shall severally be remitted to the posi-
tion in which they severally were before the making of the said
agreement first hereinbefore mentioned, notwithstanding any-
thing in the said agreement or in this Act contained.

9. This Act shaU be a public Act.

SCHEDULE TO THE FOREGOING ACT.

ARTICLES of agreement had, made, entered into, and fully
agreed upon, the twenty -second day of December, in the year of
our Lord one thousand eight hundred and sixty-four, by and be-
tween the Grand Trunk Railway Company of Canada of the first
part, the Great Western Railway Company of the second part, and
the Northern Railway Company of Canada, of the third part :

WHEREAS differences have arisen between the said Rail-
way Companies parties hereto as to their respective rights upon
the Esplanade, in the City of Toronto : — For the settlement of
these differences and clearly to define the rights, privileges and
obligations of the said several Companies towards each other in
respect to the said Esplanade, and the use thereof, they have
mutually and respectively agreed to become parties to these pres-
ents, and to be bound by the covenants, provisions and stipula-
tions, hereinafter contained.

Firstly. It is hereby declared and agreed by and between the
several companies, parties hereto, that it shall and may be lawful
for the said Northern Railway Company, and their successors,
and they are hereby fully authorized and empowered at any time
when judged expedient by the said Company so to do, to lay down,
construct, maintain and keep on the north twelve feet six inches
of the south forty feet of the said Esplanade, a track or tracks ex-
tending from their present railway station easterly to a point a short
distance west of the lot known as Dr. Rees' lot, being the point
where the main line of the Grand Trunk Railway now crosses
Esplanade Street, near Rees' Wharf and at the said point to join
and connect with the said Grand Trunk main line, and to run the
trains, locomotives, and cars of any description of the said North-
em Railway Company, on and over the said Grand Trunk main
lina, from the said point of intersection to York Street, subject,
ne> ertheless, to the provisions contained in clauses eight and
nine of this agreement ; and until such track shall be laid and
constructed, it shall and may be lawful for, and the said Northern
Railway Company are hereby expressly declared to have the right,
easement, privilege and power to use one of the tracks of the said
Grand Trunk Railway now laid from Brock to York street afore-
said, for the running of trains, cars and locomotives, and to con-
nect at Brock Street aforesaid with the said Grand Trunk line by
means of the necessary switch for that purpose.

Secondly. It is hereby further declared and agreed by and
between the said several Railway Companies, parties hereto, that
it shall and may be lawful, from time to time, and at all times
hereafter, for the said Great Western Railway Company, and they

» t

;.'''*»*-* <^s^--*i^«|i«»*'.»*- ^m^:"^

are hereby declared to have the right, easement, privilege and
power to join and connect with the said Grand Trunk Railway
Company's main line by means of a switch at a point near Peter
Street, and to run the trains, locomotives and cars of any de-
scription of the said Great Western Railway Company, on and
along the said Grand Trunk line from the point of junction afore-
said, easterly to York Street aforesaid ; subject, nevertheless, to
the provisions contained in the eighth and ninth clauses of this
agreement.

Thirdly. It is hereby further declared and agreed by and
between the said several Railway Companies, parties hereto, that
it shall be the duty of the said Grand Trunk Railway Company,
with all reasonable speed, and on or before the fifteenth day of
May, in the year of our Lord one thousand eight hundred and
sixty-five, if the Act for legalizing and confirming the agreement
hereinafter mentioned be passed during the next ensuing Session
of Parliament, to make, build and lay a railway track of the proper
gauge, and in a substantial and workmanlike manner on the north
twelve feet six inches of the said south forty feet of the said Es-
planade, extending easterly to the end of the said Esplanade from
the point at York Street, where the privilege of running over the
said line of the Grand Trunk Railway granted to the said North-
em Railway Company and the said Great Western Railway under
clauses one and two of this agreement terminates, and it shall
and may be lawful for the said several railway companies, parties
hereto, to use and enjoy the said track so constructed, in com-
mon, for the traffic and running purposes of the said several rail-
ways ; Provided always, that it shall not be lawful for the said
Grand Trunk Railway Company to use the said track in any
manner for the through traffic purposes of that Company,

Fourthly. It is hereby further declared and agreed by and
between the said several railway companies, parties hereto, that
the south twenty-seven feet six inches of the said south forty feet
of the said Esplanade, shall for railway purposes be vested in and
exclusively used and enjoyed by the said Grand Trunk Railway
Company.

Fifthly, It is hereby further agreed by and between the said
several companies, parties hereto, that application shall be made
on behalf of said companies to the Corporation of the City of To-
ronto, to grant to the several railway companies, parties hereto,
and their respective successors, twelve feet six inches in width of
the south part of Esplanade Street, adjoining the northern limit
of the said south forty feet of the Esplanade along the whole
length of said Esplanade Street, for railway purposes ; and the
said piece of land so granted shall be vested m the said several

II.

railway companies in common, to be used for sidings for loading
and unloading freight, and purposes necessarily incidental there-
to ; such sidings to be completed on or before the fifteenth day of
May, in the year of our Lord one thousand eight hundred and
sixty-five.

Sixthly. And it is hereby further declared and agreed by
and between the said several railway companies, parties hereto,
that application on their behalf shall be made to the Parliament
of this Province for an Act to legalize and confirm this agreement
and the provisions therein contained, and to vest in the said
several railway companies in common for railway purposes the
said two strips of land of twelve feet six inches each, being the
north twelve feet six inches of the said south forty feet of the said
Esplanade, and the south twelve feet six inches of the Esplanade
Street, together making a strip of land twenty-five feet in width
along the whole length of the said Esplanade easterly from York
Street, subject nevertheless to the respective rights of the said
several railway companies as herein declared in relation to each
other ; and the manner of working the several trains of the said
companies upon the said tracks on the twenty-five feet to be used
common, easterly from York Street to the end of the Espla-
nade, shall be mutually agreed upon between t*- ^ said com-
panies, and failing such agreement shall be ■ ..i by arbitra-
tion in the manner provided for in clause twelve of this agree-
ment ; and that upon the said Act being obtained, the grant by
the City of Toronto of twenty-five feet of land along said Espla-
nade to the Great Western Railway Company and the Northern
Railway Company shall become and be null and void ; provided
always, that nothing contained in clauses four, five, and six of
this agreement shall be held or taken in any way to interfere with
the rights of the public as now existing, to cross for the purposes
of ordinary traffic the fifty-two feet six inches used for making
tracks, nor to prevent the said Railway Companies in the same
manner as and as part of the general public crossing the same,
but nothing herein contained shall authorize the crossing the
same by means of railway tracks or rails.

Seventhly. It is hereby further declared and agreed by and
between the said several Railway Companies, parties hereto, that
upon, from and after the passing of the said Act, all claim and
right whatsoever which the Grand Trunk Railway Company may
have, or pretend to have, to any right of way or easement or
privilege upon or through the grounds of the said Northern Rail-
way Company, as now enclosed between Brock Street and Bath-
urst Street, shall cease, determine, and be wholly void.

Eighthly. It is hereby further declared and agreed between
the said several Railway Companies, parties hereto, that from the

-J

rr *

•>

points where the Northern Railway and Great Western Railway
respectively join the Grand Trunk line to York Street, the use of
the said Grand Trunk line shall be in accordance with, and un-
der the running regulations of the Grand Trunk Railway Com-
pany, and trains shall have precedence or rights in the following
order : —

I St. Grand Trunk passenger trains.

and. Passenger trains of the said other Companies.

3rd. Freight trains of the Grand Trunk.

4th. Freight trains of the said other Companies.

5th. Special and irregular, and other trains to be run in
the same order. Grand Trunk first, and the trains of the same
class or denomination as the Grand Trunk, of the other Com-
panies, next in order.

Ninthly. It is hereby further declared and agreed by and
between the said Railway Companies, parties hereto, that the
switches and signals used in getting on and off the Grand Trunk
line, when the said line is used by the said other Companies as
well as at other times, shall be under the sole control and man-
agement of the Grand Trunk Railway Company, and the servants
thereof.

Tenthly. It is hereby further declared and agreed by and
between the said Railway Companies, parties hereto, that the line
of sidings to be laid and constructed on the said twelve feet six
inches of the south part of Esplanade Street, as mentioned in the
5th clause of this agreement, shall be divided among the said
several Railway Companies in the manner to be hereafter mutual-
ly arranged between said Companies, or in case of disagreement,
by arbitration as hereinafter provided.

Eleventhly. It is hereby further declared and agreed by
and between the said Railway Companies, parties hereto, that if
the Act for the legalizing and confirming of this agreement is
passed during the next ensuing Session of Parliament, the present
track used by the Great Western Railway Company from Peter
Street to the Esplanade, shall be discontinued and removed by
the fifteenth day of May in the year of our Lord one thousand
eight hundred and sixty-five.

Twelfthly. It is hereby further declared and agreed by and
between the said Railway Companies, parties hereto, that the
payments or compensation to be made by the said Companies
respectively to the others or other of them for the facilities here-
in provided and exchanged between them respectively in relation
to the use of the lines and sidings as set forth in this agreement

shall, in case the same cannot be mutually agreed upon within
three months from the passing of the said Act, be settled and de-
termined by the President of the Pennsylvania Central Railroad
Company for the time being, and in the event of his refusing to
act in the settlement thereof, then such payment or compensation
shall be settled and determined by some other person to be mu-
tually agreed upc^n by the said (Companies respectively, and if the
said Companies cannot agree upon such arbitrator, then upon
application of any of the parties hereto, it shall be lawful for any
one of the Judges of the Supreme Court at Toronto to nominate
and appoint an arbitrator to determine such compensation : pro-
vided always, that any award to be n e by the arbitrator
under this agreement, so far as t'.e same shall determine any
charge (not being a payment for past capital expenditure) to be
paid by any of the said companies to the others or other, shall be
open to reconsideration and redetermination at the expiration of
five years, and at the expiration of every succeeding five years,
the arbitrator to be mutually agreed upon or appointed by Judge
as hereinbefore determined.

Thirteenthly. It is hereby further declared and agreed
by and between the said several railway companies, parties hereto,
that all legal proceedings at law or in equity now pending be-
tween the said Companies or any of them, in relation to the said
Esplanade, or the rights of the said Companies or any of them,
to lay down tracks upon, or otherwise use the said Esplanade or
any part thereof, or in any manner relating to the matters in this
agreement provided for, shall for the present be suspended, and
upon the passing of the said Act, shall be absolutely abandoned ;
and in case the said Act shall not be obtained, all such legal proceed-
ings whether at Law or in Equity, shall or may be taken up and
continued, as if this agreement had never been made ; provided
always, that the party who had to take the next step on the
twenty-second day of December, in the year of our Lord one
thousand eight hundred and sixty-four, shall have two weeks next
after the end of the session of Parliament in which the said Act
shall be rejected, to take such step.

Fourteenthly. It is hereby further declared and agreed by
and between the said several railway companies, parties hereto,
that it shall and may be lawfiil for the said Great Western Rail-
way Company to make the connection of their line with the
Grand Trunk line at Peter Street at once ; provided always, that
their present line shall remain as it is until the said Act is ob-
tained, or if the said Act be obtained before the fifteenth day of
May, one thousand eight hundred and sixty-five, then until the
said fifteenth day of May, one thousand eight hundred and sixty-
five.

Fifteenthly. It is hereby further declared and agreed by and
between the said several Railway Companies, parties hereto, that
it shall and may be ' iwful for the said Great Western Railway
Company, and the said Northern Railway Company to use in
common with the Grand Trunk Railway Company, the present
sidings of the said Grand Trunk Railway Company on the said
Esplanade, east of \'or1 Street, until the arrangements by this
agreement provided for, are carried into effect, or until the said
Art shall be rejected.

Sixteenthly. It is hereby further declared and agreed by and
between the said several Railway C( iipanies, parties hereto, that
each of the said Companies shall and will use every exertion and
all fair and legitimate means to procure and obtain the passing
of the said Act by the Parliament of this Province to legalize and
carry into effect this agreement, and that they shall and will bear
the expenses of obtaining the said Act or of the attempt so to do,
and all necessary proceedings connected therewith and with this
agreement, in eq^al proportions.

The said Grand Trunk Railway Company hereby covenants
to and with the said Great Western Railway Company and the
said Northern Railway Company respectively, that the said Grand
Trunk Railway Company shall and will from time to time and at
all times hereafter well and truly observe, perform, fulfil and
keep all and every the stipulations and agreements hereinbefor"
contained, and which on the part and behalf of the said Grand
Trunk Railway Company according to the tenor and effect, true
intent and meaning of this agreement ought to be observed, per-
formed, fulfilled and kept ; and shall not, nor will wilfully or
improperly hinder or prevent the said Great Western Railway
Company and the aid Northern Railway Company, or either of
them, in due and proper use and exercise in accordance with
this agreement, of any of the lines, switches, sidings or rights,
easements or privileges to wl ch they or either of them are by
this agreement entitled, or to which they or either of them shall
by the said Act become entitled, and shall .md will at all times
hereafter do all things necessary on their part to enable the said
other Companies to use the said portion of the said Grand Trunk
line on which, by the terms of this agreement the said other
Companies have the right to run their trains, locomotives, and
cars in the manner hereinbefore in that behalf provided, according
to the tenor and effect, true intent and meaning of these presents.

And the said Great Western Railway Company hereby
covenants to and with the said Grand Trunk Railway Company
and the said Northern Railway Company, and each of them,
that the said the Great Western Railway Company shall and will

in all things, on their part and behalf, well and truly observe,
fulfil, perform, and keep the stipulations and agreements herein
contained, and shall not nor will, in the use of the said (}rand Trunk
line or sidings, or of the tracks and sidings to be constructed
or jointly used as aforesaid, wilfully or improperly hinder or ob-
struct the just and reasonable use thereof by the said Grand
Trunk Railway Company or the said Northern Railway Company
contrary to the true mtent and meaning of this agreement.

And the said Northern Railway Company do hereby covenant
to and with the said Grand Trunk Railway Company and the
said Great Western Railway Company respectively, that the said
Northern Railway Company shall and will in all things on their
part and behalf well and truly observe, perform, fulfill, and keep
the stipulations and agreements herein contained, and shall not
nor will in the use of the said Grand Trunk line or sidings, or of
the track and sidings to be constructed or jointly used as afore-
said, wilfully or improperly hinder or obstruct the just and reason-
able use thereof by the said Grand Trunk Railway Company or
the said Great Western Railway Company contrary to the true
intent and meaning of this agreement.

AND lastly, it is hereby further agreed by and between the
said Railway Companies, parties hereto, that each Company shall
have power at any time hereafter, to establish and work any
passenger and freight station on the north side of Esplanade Street,
east of Bay Street, that it may select, and shall have authority lo
purchase land for the same, and shall be at liberty to cross Espla-
nade Street to such place and in such manner as may be neces-
sary for convenient access to such station ; provided always, that
no such crossing or access shall, in any way, interfere with or
inconvenience any crossing or access to the station grounds of
the other.

IN witness whereof, the said several Railway Companies
have hereunto set their respective Corporate Seals, the day and
year first above written.

Sealed with the Corpor-
ate Seal of the Grand
Trunk Railway Company
by the Hon. James Ferrier,
who at the same time and
in my presence delivered
the same on behalf of the
said Company and affixed
his signature thereto.

W. Wainwright.

J. FERRIER, f Corporate Seal of
•' , . ' <GrandTrunk

Chairman. 1 Railway Co.

Seal d with the Corpor-
ate Seal of the Great
Western Railway Company
by the Hon. William Mc-
Master, who at the same
time and in my presence
delivered the same on be-
half of the said Company
and affixed his signature
thereto.

Geo. B. Spriggs.

W.McMASTER, f gTarWclm
Chairman, i Railway Co.

Witness to signature of
Frederick Cumberland.
J. P. Macphersom

'■1

3M. )

F. CUMBERLAND,
Managing Director,
N. R. Co.

Witness to the signature of
Thomas Hamilton.

Geo. R. Hamilton.

}

! Corporate Seal
of Northern
Railway Co.

THOS. HAMILTON,

Secretary,
N. R. Co.

On the passing of the above Act the City made the following
conveyance :

Conveyance. Dated April 19th, 1865.

THIS INDENTURE madr the nineteenth day of April
in the year of our Lord one thousand eight hundred and sixty-
five, between the Corporation of the City of Toronto, of the first
part, the Grand T unk Railway Company of Canada, of the sec-
ond part, the Great Western Railway Company of the third part,
and the Northern Railway Company of Canada, of the fourth part.

WHEREAS by a certain act of the Parliament of Canada,
passed in the twenty-eighth year of the Reign of Queen Victoria,
entitled " An Act to legalize and confirm an agreement made
between the Grand Trimk Railway Company of Canada, the
Great Western Railway Company, and the Northern Railway
Company of Canada, relating to the Toronto Esplanade, and for
other purposes therein mentioned," power was granted to the
Corporation of the City oi" Toronto to convey to the parties here-
inafter described of the second, third and fourth parts a right of
way over, upon and along twelve feet six inches off the south
part of Esplanade Street from York Street to the easterly limit
of the said Esplanade for Railway purposes, which said right of
way the said Corporation is willing and has determined to grant.

NOW this indenture witnesseth that the said Corporation
of the City of Toronto in pursuance of the said Act of Parliament
doth hereby grant unto the said several Railway Comppnies,
parties hereto of the second, third and fourth parts, a right of
way over, upon and along twelve feet six inches in width off the
south part of Esplanade Street adjoining the northern limit of
the south forty feet of the said Esplanade, and extending along
Esplanade Street, from York Street to the easterly limit of the
said Esplanade for Railway purposes as in the said agreement
mentioned, subject to, and upon the terms and conditions in the
said Act of Parliament, and in the said agreement which forms
the schedule thereto mentioned.

i l<^

V I ^

AND subject also to the further condition, that the said
Railway Companies, parties hereto, shall not nor will any or
either of them block up or obstruct any of the public streets or
crossings leading over the railway tracks to the wharves or water
frontage with any trains, cars, engines, materials, stock, freight,
or other Railway appliances.

TO have and to hold the same unto the said three Railway
Companies, parties of the second, third and fourth parts, their
successors and assigns, to and for their own use for ever, subject
to, and for the purposes, and upon the terms and conditions
mentioned in the said Act of Parliament, and in the said agree-
ment

AND the said Grand Trunk Railway do hereby covenant
and agree with the Corporation of the City of Toronto, that any
person or persons owning or leasing a wharf or wharves south of
said Esplanade, may at any time lay down and construct from
the south side of the Grand Trunk Railway a siding or switch
and connect the same with the southerly track of the Grand
Trunk Railway.

PROVIDED always, however, that the said/ siding and
switch shall before being laid down and constructed, be submit-
ted to and approved by the said Grand Trunk Railway Company
in writing.

AND further that the said siding and switch as to its use,
shall be under and subject to the exclusive control of 'he said
Grand Trunk Railway Company.

AND each of the said Railway Companies, parties hereto of
the second, third and fourth parts, do hereby covenant with the
Corporation of the City of Toronto to observ(., perform, and
faithfully discharge all the duties, obligations, matters, and things
which in and by the fourth, fifth, sixth, and seventh clauses of
the said Act, or in and by the schedule thereto, or in and by this
Indenture, are required to be done separately or jointly by one
or eiilier of the said Companies.

AND each of them doth further covenant to conduct their
business with the said City of Toronto upon the said tracks and
switches in all respects, so as to produce as little inconvenience
to the general traffic on Esplanade Street and other streets lead-
ing to the wharves as is practicable or < an reasonably be expect-
ed from them.

AND the said Corporation of the City of Toronto do here-
by for themselves, and their successors, covenant with the parties
of the second, third, and fourth parts, respectively, that they the

said parties shall, and each of them shall, for the purposes in the
said Act and agreement mentioned, have the quiet possession
and enjoyment of the said right and easement hereby granted.

AND that they, the said party of the first part, and their
successors will, upon the request and at the costs and charges of
the said parties of the second, third, and fourth parts, make such
other and further Act and deed, as may be necessary for the full
and proper carrying out of the said Act and agreement, accord-
ing to the true intent and meaning thereof, as they the said
parties of the second, third, and fourth parts may reasonably re-
ouire or be advised to have done.

AND lastly, the said Corporation of the City of Toronto, for
themselves and their successors, covenant with the parties of the
second, third, and fourth parts respectively, that the time men-
tioned in the said agreement for the completion of the sidings
therein mentioned, shall be extended to the first day of June, now
next ensuing the date hereof.

IN witness whereof the said Corporation of the City of To-
ronto hava hereunto affixed their corporate seal, and signed the
same by the hand of Francis H. Medcalf, Esquire, Mayor of the
said City. Countersigned by Andrew T. McCord, Esq., Cham-
berlain of the said City. And the said respective Railway Com-
panies, parties of the second, third, and fourth parts, have here-
unto affixed their respective corporate seals, and signed the :;ame
by the hands of their respective Presidents, on the day and year
first above written.

Signed, sealed )
and delivered /

F. H. MEDCALF,

Mayor.

/Se
tof

Seal of City
Toronto,

\ ■/

Statement of Expenditure by the Grand Trunk
Railway Oompany of Canada, west of York
Street, on the Esplanade, for Land and Build-
ings only.

I'hc following shews the cost of the hind occupied by the
(Irand Trunk, west of York Street, incUiding the right to run on
the ICsplanade ; also the cost of the buildings now standing there-
on, l)Ut exclusive of all tracks, super-structure, machinery and
appliances connected with the working of the line : —

I <and, including right of way $ 247 00°

IJuildings, as above 345 000

Total $592 000

#■

Statement.

The following is a statement of the number of trains and
engines crossing Simcoe Street, for twenty -four hours, on
the 5th March, 1880, and may be taken as a fair average of the
traffic passing that point : —

PASSENGER. FREIGHT. SINGLE ENGINES.

Trains 86 I Trains 43

Cars 301 I Cars 767 141

■*?9

INDEX.

^l/

VM.V.

Agreement between the City of Toronto and the ( Jrand |

Trunk Railway Company of Canada, dated Janu- > i

ary2ist, 1856. (Esplanade right of way.) )

Correspondence and Report, &c. 8

Award, dated April 21st, 1856 10

Agreement between the City and the Cirand Trunk Rail- 1

way, dated August 30th, 1856, (Esplanade right V 13

of way) )

Agreement for sale, dated December 23rd, 1862 - - - 17

I'atent for Water Lots between Rees' Lot and l*eter

Street 20

Patent for Round House Block 26

Statute confirming Agreement between (Irand Trunk, k

Great Western, and Noithem Railway Com- ' ,

panics, dated March i8th, 1865. (See Api)en ( '

dix ). }

Agreement referred to, forming Schedule to said Statute 70

Conveyance in accordance with tin- said Statute and ( j.

Agreement. i

Agreement between the City of I'oronto and the (Irand |

Trunk Railway for sale of land for Union Sta- . 32

tion, dated May 15th, 1866. )

Explanation 36

Letter from J. Tlickson to (i. Laidlaw, dated June 6th,

1879 ' ^ ":- .u.'. ^"^

Do June iytri, 1879 38

Do ...... ... Dec. agtb, 1879 41

Explanation and Statement - 44

Judgment of V. C, Proudfoot 51

.Statement of expenditure of (Srand 'Trunk, west of York I ^

Street, for land and buildings. j

Statement shewing nuiriber of engines and trains passing | ^^

Simcoe Street, daily. /