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The following diagrams illustrate the method: Lee cartae, planches, tabiaeux, etc., peuvent Atre fllmte i dee taux da rMuction diffArents. Lorsque le document est trop grand pour Atre reproduit en un seul cliche, il est film* A partir do I'angle sup4rieur gauche, de gauche k droite, et de haut en baa, en prenant le nombre d'imeges nicessaira. Las diagrammes suivants illustrant la mAthoda. ly errata ad to int ne pelure, ipon d 32X 1 2 3 1 2 3 4 5 6 I PR A CONSOLIDATION OF THE STATUTES "'. <* RELATING TO |b |0rtbrn |ailttfa8 C^mpang OF CA]SrA.DA, WITH AN INDEX. FOR THE USE OF THE COMPANY. BY J. T. SMALL, M. A., BAHRI8T1R-AT-LAW UNDER THE DIRECTION OF FREDERIC CUMBERLAND, Esq. MANAOINU DIRKCTCR. PRINTED BY HUNTER, ROSE & CO, 25 WELLINGTON STREET. 1876. »/\^ V C-^ m^ c^ PREFACE. DuRiNO the last Session of the Dominion Parliament, twt) Special Acts relating to the Compan}' were pa«sed. The first of these "An Act re- specting the Lien oj the Dominion on the Notihern RailvKiy of Canada',' and the second, "The Novtheim Railvmy Company Act, 1875." The greater part of "The Maihvay Act, 1868," its amendments and some gene- ral Acts respecting Railways are incorporated in this latter Act by mere reference ; so that, in order to ascertain the state of the law aflecting the Company it Wiis necessary to examine the statute books of many years. It was therefore thought expedient to arrange, for the use of the Company and its officers, all these Acts in the form of a single consolidated enact- ment with an index. The parts of the general Railway Acts which aflfect the Company are printed in a smaller type than those of the special Acts of the Company. Wherever changes, rendered necessary in many places for the sake of uniformity, have been made, italics have been used. The two above-mentioned special Acts have also been printed separately ; the former will be found at page ninety-seven, and the latter at page seventy -five of this book. ei tl: fe ai ar er sa A. CONBOLIIDATIOM^ OF THE STATUTES RELATING TO THE Hort^em llailtoag Compang of (ffanaba. WHEREAS, for the proper accommodation and develop- Preamble, meut of the traffic of the district served by the North- ern Railway Company of Canada, it is necessary to change the gauge of the said railway from five feet six inches to four feet eight and one-half inches, and that additional rolling stock and other equipments should be provided, and additional works and improvements executed on the said railway, and new ex- penditure on capital account will thereby have to be incurred : And whereas the present share and loan capital of the North- ern Railway Company of Canada, hereinafter called " The Company," consists of the following particulars (that is to say) :— ■ (a) First ])reference bonds to the amount of £250,000 ster- ing, in bonds of XlOO sterling each : fh) Second preference bonds to the amount of £283,900 sterling, in bonds of j£100 sterling each : (o) Class A, third preference bonds to the amount of .£50,000 sterling, in bonds of £100 sterling each : (d) Class B, third preference bonds to the amount of £100,000 sterling, in bonds of £100 sterling each : (e) The lien of the Dominion, amounting to £475,000 ster- ling : (/) The share capital of the Company, amounting to £203,800 currency, divided into 40,760 shares of £o cur- rency each : 2 Northern Railway of Canuila. And whereas besides the lien, tho Government holdw X50,00() in amount, of the said second preference bonds, and jG60,000 in amount, of the said Chiss B, third preference bonds : And whereas by this Act provision ia made for the discharge of the lien of the Dominion upon certain conditions and pay- ments to be made by the Company : And whereas to enable the Company to comply with the said conditions and to make such payments to the Governmenc of the Dominion for the discharge of the lien it is nececsary to re-adjust the (Company's share capital : And whereas, the Company and the Northern Extension Kailvnys Company, hereinafter called "the Extension Com- pany," have presented petitions praying that the railways of the Northern Extension Railwuys Company may be de- clared to be works for the general advantage of Canada, and that powers may be granted for the amalgamation of the said companies : And it is expedient that the prayers of the said respective petitions should be granted : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — PART I. On what, con- ditions the lien of the Dominion may be re- leaned. Proviso : the bonds held by the Grovem- ment not to be affected. 1 . If the Company or any Company formed by its amalgama- tion with any other Company under this Act do, on or before the first day of April, one thousand eight hundred and seventy- six, or within such extended time as the Governor in Council may grant, not exceeding three months thereafter, pay to the Receiver-General of Canada, or to the financial agents of the Dominion in England, the sum of one hundred thousand pounds sterling, such payment shall operate as a full discharge and release of the said lien and of all principal and interest due in respect thereof, and the Receiver General or the said financial agents (as the case may be^ shall give the Company a certifi- cate of such payment, whicn shall be sufficient evidence of the discharge of the lien and of all claim in respect thereof: Pro- vided always, that the said bonds of the Company held by the Government shall not be affected by the payment aforesaid, but shall hold their present rank and priority in any re- arrangement that may be made of the aflfaii-s of the Company, and that the accrued interest on the second preference bonds shall be paid under the terms of the several repealed Acts re- lating to the said railway. (38 V. Can. c. 23, s. 1.) Northei'n Railwiiy of Canada. 9. The Directoi'8 of the Corapaiiy shall call a spocial general SiM^dai pne- ineotingof the Cunipanv, to Im held at Toronto within six [,*JrJ"rHeS '''' months after the eighth day of Apinl, one tfumsand eight hun- thi» Act, and dred and seventy-jwe, to consider the question of the oxtin- "„ *n"'*',('",|'rji. guishment (»f the existing ordinary share capital of the (' in- nary Hhare pany, for a price to be paid out of money to be raised b\ ' ') capital, issue of new stock under this Act, or the commutation of tie said ordinary shares into such new stock as aforesaid, such price or SP-h new stock to bo accepted by the shareholders in fuil s^tLtfaction and extinguishment of their respective hold- ing of original shares : And [)rovided such extinguishment of R**"!"**"" « t'.ie present ordinary shares for a price stated, or commutation, i^ bindinB. at a rate and on terms stated, into new stock, be sanctioned by resolution of the Company and aHirmed by two-thirds of the votes of the shareholders present or represented atsucli sj)ecial general meeting of the Company, to be duly called and held at Toronto within the time aforesaid, the resolution to that effect agreed to and })as8ed as aforesaid, shall be binding upon all the holders of the present share capital of the Company, and upon the Company : And for the purpose of the separate vote of the Scale of shareholdei"s ainong themselves upon the said question of ex- v"t*'»8t- tinguishment or commutation, each and every share in the capital stock of the Company represented at such meeting, shall entitle the holders thereof, to one vote for every such share : Provided always that it shall be lawful for the Company to Proviso, agree separately with any one or more of the shareholders for the extinguishment or commutsition of his or their shares, and in the event of such agreement or agreements taking effect, the shareholder or shareholders so agreeing shall not have any vote at the special general meeting to be held under this section ; but such agreement or agreements shall not take effect unless or until the same shall have been sanctioned at the special general meeting by resolution of the Company and affirmed by two-tliirds of the votes of the shareholders as aforesaid present or represented as aforesaid, excepting the shareholder or share- holders so agreeing as aforesaid. (38 V. Can. c. 65, s. 1.) 3. When and so soon as such resolution as in the last pre- Proceedings if ceding section mentioned, has been duly agreed to and passed "'^ necessary as aforesaid, there is hereby created, and the Company may properiy^p^., issue, pursuant to the provisions in that behalf hereinafter con- ed. tained, new ordinary stock of the amount of five hundred thou- sand pounds sterling, the holders of which shall be entitled to participate rateably one with another in the net profits of the Company, and the said ordinary stock hereby created shall hold, with regard to the bonds of the Company, the same rank and position as the share capital of the Company held before the passing of this Act. (38 V. Can. c. 65, s. 2.) 4. It shall be lawful for the Directors of the Company to Appi cation raise by the issue of new ordinary stock, part of that hereby proceeds of created, at such prices as shall be obtainable for the same, so ^^^ ^^^^ much money as shall be necessary for discharging the Govern- NoHheni Railway of CatuiUa. metit linn, and, if such oxtin^^iiisluutMit sluill hrivi' Ixson a;,'i«M«ihi|)nii, Cor payirii,' iiU'antl extinguishing,' tlio cxiMting .share cupitiil, puisuant t<» tho proviHions in that hohalf lioreinhotbre contained ; or, in tho event of the .shaiehctldeiH having agreed upon the commutation nf the original share capital l)y tho ex- change tliereot' for a portion of the new ordinary stock hereby created as hereinheforc provided, it shall ')e lawt'id for the Di- rectors, in additi(m t » tiie issue tor discharging the Government lien, to issue a sutHcient portion of tho said new ordinary stock liereby created, tor tlio |iurposf of ^ucll coinniutation of the original share capital. (38 V. Can. c. 155, s. 3.) ReHi(luiofnt;w !i. It shall Ih^ jawful for the Directors nf the (Company to "*<*''.' 'y^' '^"* issue for the licnelit of the Company, tho residue of the new onlinary stock hereby created, at such prices as shall ho from time to time obtainable for tho same, and in such amounts and on such terms and conditions as the Directors may think pro- per, and to apply the proceeds of such issues to tho general pur- poses of the Company properly chargeable to cai)ital a(;count: PMvitM). Provided that no new ordinary stock in the excess of tho amount re([uired for discharging tlie Gu'-e'-nment lien, and ex- tinguishing or conunuting the original share capital as herein provided, shall be issued without tho previous sanction of a special general meeting of the Company. (38 V. Can. c.Oo, s. 4.) Nature of new rttock - traiiHft:!-, &i'. 6. The said new ordinary stock shall be, and shall luvve all the incidents of personal estate, and shall be transmissible and transferable in any tpiantities not involving fractions of a pound sterling, as nearly as may be in the .same manner, and subject to the same regulations as the share capital of the Company has hitherto been. (38 V. Can. c. (55. s. .).) When the old T. When and so soon as the payment shall have been made, i,t«)ck Hhall he as hereinbefore provided in discharge of\ the lien of the Go v- *" ernnient, and the afore.sai. There is hereby created, and the Company may issue iw«ie(l™'itH'"^ pursuant to the provisions in that behalf hereinafter contained, rank and ])referential stock to the amount of three hundred and fifty priniefe'es. thousand pounds sterling, and the said preferential .stock here- by created shall hold with regard to the bonds and ordinary Nvrtltttni Hailway oj Ciumda. share capital of the Compaii. he winm rank and powtion iw the lien of the Dotninioit nchi at the time of t'.ie pa^Hing of thiH Act ; and tlie holdiT* of the prufe rontial stock herchy created, or ot «o much thereof as may trom time to time be iuaued under the provisions herein contained, shall he entitled to receive out of the net protits of the Company interest at the rate of six nor cent, per annum upon such preferential stock, i before any dividends or interest whatevei' shnll become payable out of the profits of the C^)nlp(lny upon the said existing or- dinary share cai)ital ; and if at finy time hereafter, any surplus A|>)ilicfttloii of revenue applicable to dividend sliall renmii\ after the said ordi- uiiy •tpIum nary stock has received six per cent, dividend, then such sur- """"'""' plus shall be divided ratealijy between the holders of the said preferential and ordinary stock. {',]H V. Can. c. (J 5, s. 8.) 10. It shall bo lawful for the Directors of the Company to Amount re- raise by the issue of preferential stock, part of that hereby JjV'J,*-j|'|j' created, at such prices as shall be obtainable for the same, so (}ov«iiiniunt much money as shall be nece.s.sarv for dischar'nnir the (Jovjrn- li«'" *'•''«* fi«t ment hen pursuant to the jirovisions in that l»elialt iierein- Httwk. before contained, and the first charge upon the proceeds of such preferential stock shall be the payment to the (Jovernment of the Domiiuon of the amount refpiired for the discharge of the Goverinuent lien. {'AH V. Can. c. U5, s. 9.) 11. It shall be lawful for the Directors of the Company to Ibhuc of reai- issue for the benefit of the Company the residue of the prefer- duo and appli- ential stock hereby created, at nuvh prices as shall be from j,roceedn. time to tinie obtainable for the .same, and in such amounts as the Directors maj' think proper, and to appi)- the procaeds of such issues to the general purjxwes of the Company properly chargeable to capital account; Provi ied, that ni • preferential p^.^^,.^,^ stock in excess of the amount re((uircd foi- discharging the Government lien, as herein provideil. .shall lie i.ssued without the previous sanction of a special general meeting of the Com- pany. (38 V. Can. c. (i5, s. 10.) 19. The .said preferential stock shall be and shall have all Nature and tlie incidents of r ersonal estate, and .shall lie transmissible and intidents of transferable in any (piantities, not involving fractions of a pound .sterling, as nearly as may be in the same manner and subject to the same regulations as the .share capital of the Com- pany has hitherto been. (38 V. C^an. e. 0-'), s. 11.) 13. No share heretofore existing in the capi^.J of the Com- lonversion panv .shall be transierred after the thirtieth Junt, •■> thirty-first ^f '="""?"*=y V-. 1 /• II • ii 1 1 1 • sliares into December next following the date when the payuu-at to extili- Hterlingsharee: guish the lien of the Dominion shall have been made, but imme- "'"^'**^''** diately after such thirtieth June or thirty-H. st Decembei', all currency scrip issued in respect of such share capital shall be cancelled, and every corporation or pers()n registered as a share- holiler at that any shall have power to change the gauge of f*et^eight°and ^^ I'ailway, or any line of railway leased to the Company or one-half belonging to a Company aiualgamated with it, to the width of inches. fom- feet and eight and one-half incii 15.) PART II. !S. (38 V. Can. c. 65, s. Northern Ex- tension Rail- ways' works (or benefit of Canada. Northern Ex- tension Com- pany and Northern Railway Cv a major- ity of the "County Council. (35 V. Ont. c. 43, s. IG.)' 20. The Company shall have power to enter into any agree- Disposition of ment with municipalities, corporations or individuals that have '^o'i™<'S' granted or hereafter ma}' grant a bonus or gift in aid of the said railwav, res])ecting the conditions or disposition of any such gift or bonus. (35 \. Ont. c. 48, s. 17.) 12 Northern Railway of Canada. PART III. Recital of And whereas the Loan Capital of the Northern Railway consolidaUng Company of Canada consists of several classes of bonds : loan capital of statutM^relaf '^^'^^ wherearf tlie statutory enactments and regulations affect- ing to it. ing\, years ;aid Company are contained in tlie. statutes of many And vhereaa the said Company has petitioned that provi- sions may ue made for the consolidation of the said Loan Capital, and that the various statutorj' provisions applicable to the said Company may be consolidated into one enactment : And whereas the Toronto, Simcoe and Huron Railroad Acts of Pro- ada, " Union Company was incorporated by an Act, being chapter 12 V. 0. 196. one hundred and ninety-six of the statutes passed in the twelfth year of Her present Majesty, by the Legislature of the late Province of Canada : twen empr to m othei 13-14 V.c. 131. And whereas the name of the said Comijany was changed to the Ontario, Simcoe and Huron Ruihoad Union Company, and the limits of the authorized railway of tlie said Company were extended by an Act, being chapter one'htmdred and thirty-one of the statutes passed by the same Legislatuic in the thirteenth and fourteenth years of Her present Majesty : 13-14V. c. 81. And wheieas by an Act, being cha[)tor eighty-one of the statutes passed by the same Legislature m the last mentioned years, the Municipal Corporations tlirough whose jurisdictions the railway of the sail Company might pass, were empowered to assist in its construction, and to appoint Directoi's of the' said Company in case they should so assist hs tlierein mentioned : And whereas, in pursiu nee of the power so conferred, the Municipal Corpt)rations of the City of Toronto and of the County of Simcoe assisted in the construction of the said railway, and became entitled to appoint Directors of the sair,s of the" lentioned : erred, the he County Iway, and le statutes ar of Her construct :e Huron : dred and ire in tiie '^ay of the j^any was n\: ee of the enth and twentieth years of Her present Majesty, the said Company was empowered to have and employ steamers on Lake Simcoe, and to make arrangements with the proi)rietors of steamers on other lakes for running vessels in connection with its railway : And whereas various other provisions relating to the said 20 V. c. 143. Company were contained in all the aforesaid Acts, and in an Act, being chapter one handled and forty-three of the stsitutes passed liy the said Legislature in the twentieth year of Her present Majesty : And whereas, by an Act, being chapter one hundred and 22 V. c 117. seventeen of the statutes passed by the said Legislature in the twenty-second year of Her present Majesty, and the year of our Lord one thousand eight hundred and fifty-eight, the name of the said Company was changed to " The Northern Railway of Canada," and various other pi-ovisions were made concerning the said Company ; but ever since the passing of that Act the said Company has, both in subsequent statutes and otherwise, been always in fact called "The Northern Railway Company Name of Com- of Canada," and its railway is called the " Northern Railway (^f pa"y- Canada :" And whereas by an Act, being chapter eighty-nine of the 22 V. c. 80. statutes passed by the said Legislature in the twenty-second year of Her present Majesty, and the year of our Lord one thousand eight hundred and fifty-nine, the railway, property and corporate rights ot the said Company were vested in the Crown, for the pur[)0ses therein mentioned, and the Governor in Council was empowered to transfer the same to such parties, and upon sucti terms, and to make such provisions relating to the said Company as therein mentioned : And whereas by an Order in Council made pursuant to the Order in Coun- last-mentioned Act on twelfth May, one thousand eight bun- Jjli,!''^'^^ -^^y- dred and fifty-nine, it was ordered that the said railway, [)ro- perty and rights should Ijc re-vested in the said Company on the conditions therein mentioned, and in the said Order various other provisions relating to the said Company were contained : And whereas V)y an Act, being chapter one hundred and fiv'e 2:> V. c. 105. of the statutes passed liy the said Legislature in the twent}'- third year of Hei' present Majesty, it was declared that the said Company had, up to tluit time, conij)lied with all the require- ments of the last-mentioned Art and of the said Order in Coun- cil, and the said Ordei- in ('onncil was 'Confirmed : And whereas by an Act, l)eing chapter fifty-five of the 27 V. o. .55, statutes passed by the said Legislature in the twenty-seventh year of Her jiresent Majesty, provision was made for the con- struction of a branch from the railway of the said Com|)any to he town of Barrie, and it was enacted that such branch, when 14 Northern Railmiy of Canada. so constructed (which it has since been), should form part of the railway of the said Couipaiiy : Act of Canada, And whereas by an Act of the Parliament of Canada, being • 1 V. c. 8«. ciij^pter eighty-.six of the statutes f)assed l)y that Parliament in the thirty-first year of Her present Majesty, it wjis declared that the Northern Railway of Canada is a work ♦or the general advantage of Canada, and various other provisions were maile concerning the said Company : And whereas by this Act various provisions are made con- certnng the Company and the Extension Company, including a declaration that the railways of tlie last mentioned Com\)any are works for the general advantage of Canada, and a pre , iaiou that under certain conditions therein set forth the said Com- panies may be amalgamated : And whereas, of the provisions contained in the hereinbefore- mentioned Acts and Order in Council, many have been repealed or amended by others of the said provisions, many were enacted for temporary purpospw wjiich have been fulfilled, and many have been incorporated, and sometimes with amendments, in " The Railway Ad, 1808 :" And whereas, if the amalgamation of the Northern Extension Railways Company with the Northern Railway Com]iany of Canada, contemplated by this Act, should take ett'ect, many further changes will be introduced into the system of the Com- pany : And whereas under these circumstances a consolidation of the statutory and other regulations affecting the said Company will greatly tvssist in the understanding of its affairs, and will therefore be very beneficial : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, further enacts as follows : INTERPRKTATION. lanil 68, (31 gO({ (31 In this Act. 30. The following words and expressions in tliis Act shall have the meanings hereby assigned to them, unless there is something in the subject or context repugnant to such construction, that is to say : (31 V. Can. c. 68, s. 5, sub. 5.) "The under- 2. The expression " the undertaking" shall mean the Railway taking." and works, of whatever description, by tlds Act authorized to be executed ; (31 V. Can c. 68, s. 5, sub. 4.) " The Lands." 3, The expression " the lands " shall mean the lands which by tkis Act are authorized to be taken or used for the purpose hereof; (31 V. Can. c. 68, s. 5, sub. 3.) Northern Railway of Canada. 15 4. The word " Lands" shall include all real estate, messuages, "LandH." lands, tenements and hereditaments of any tenure ; (31 V. Can. c. 68, s. 5, sub. 6.) 5. The word "Lease" shall include any agreement for a lease , "l^e«'«" (31 V. Can. c. 68, s. 5, sub. 7.) 6. The word "Toll" shall include any rate or charge or other "Toll." payment payable undcT tliiH Act for any passenger, animal, carriage, goods, merchandise, matters or things conveyed on the Railway ; (31 V. Can. c. 68, s. 5, aub. 8.; 7. The word "Goods" shall include things of every kind that "Goods." may be conveyed upon the Kailway, or upon steam or other vessels connected therewith ; (31 V. Can. c. 68, a. 5, sub. D). 8. The word "County" shall include any union of Counties, " County." County, Eiding, or like division of a County in any Province ; (31 V. Can. c. 68, s. 5, sub. 10.) 9. The word " Highways " sh^U mean all public roads, streets, " Highways." lanes and other public ways and communications ; (.'il V. Can. c. 68,8. 5, sub. 11.) 10. The word "Sheriff" shall include Under Sheriff, or other " sheriff." legal competent Deputy ; and where any matter in relation to any lands is reqiared to \w done by any Sheriff or Clerk of the Peace, the expression "the Slierifl'," or the expression " Clerk of the Peace," 'Clerk of the shall in such case be construed to mean the Sheriff or Clerk of the P«aoe." Peace of the District, County, liiding. Division or place where such lands are situate ; and if the lands in question, being the property of one ami tlic same party, V)e situate not wholly in one District, County, liiding, Division or place, the same expression shall be construed to mean the Sherifl' or Clerk of the Peace of any such District, County, liiding, Division or place where any part of such lands are situate ; (31V. Can. c. 68, s. f), sub. \'l.) 1 ]. The word " .Justice " shall mean a Justice of the Peace acting "justice." for the District, County, Riding, Division, City or place where the matter requiring the cognizance of a Justice arises, and who is not interested in the matter ; and where the matter arises in respect of lands being the propel ty of one and the same party, situate not wholly in any one District, County, Riding, Division, City or place, the word " Justice " shall mean a Justice acting for the District, County, Riding, Division, City or place where any part of such lands are situate, and who is not interested in such matter ; and where any matter is authorized or required to be dont; by two Justices, the expression " two Justices " shall be understood to mean two Justices „™ , assembled and acting together ; (31 V. Can. c. 68, s. 5, sub. 13.) tices." 12. The word " owner," wliere, under the provisions of this Act, " Owner.' any notice is required to be given to the owner of any lands, or where any act is authorized or required to be done with the consent of the owner, shall be understood to mean any Corporation or person who, under the provisions of this Act, would be enabled to sell and con- vey lands to the Company ; (31 V. Can. c. 68, s. 5, sub. 14.) 16 NoHhern Railway oj Canada,. "The Rail- way. Tho said ao ti repealed. Ezoeptioo, Exception. 13. Tho expression " tho Railway " shall moan tho Railway and works by this Act authorized to bo constructed. (31 V. Can. c. 68, h. 15, sub. 10.) !ll. On and from the coming of this Act into operation, all tho Acts of the Legislatiiro of tiio former Province of Canada, and of the P»irliament of Canada, and the Order in Council in this Act recited, shall stand repealed, and be of no further force or effect as to anything thereafter to be done ; except only the declaration that the Northern Railway of Canada is a work foi- tho general advantage of Canada ; and except also such por- tions of the said Acts as authorized the construction and com- pletion of the works in this Act mentioned, and which works have not been constructed or completed, and the time for the completion whereof ha.s not ex{)ired l)efore the passing of this Act : Provided, that every right acquired and every obligation or liability undertaken or incurred previous to the repeal hereby made shall be saved, nor shall such repeal affect tho validity of anything done previous thereto, pursuant to any of the repealed enactments. Order in Council, or of anything of which the validity depends on its having been confirmed by any of the re- pealed enactments, or of any by-law of the Company, whether fixing any tariff of tolls or otherwise. (38 V. Can. c. 66, s. 24'.) Company to 33. The Company shall continue to be a body corporate by "orlt'e'rightr ^^^ name of the Northern Railway Company of' Canada, with and name and perpetual succession and a common seal, and all other the usual property. powers and rights of bodies corporate, not inconsistent with this Act, and especially with the power of purchasing, holding, let- ting, and conveying real estate without incurring any penalty or forfeiture. (38 V. Can. c. 65, s. 25.) Proviso : Saving rights and liabilities existing. Undertaking defined. Main line. 33. The undertaking of the Company shall consist of: First. Its main line of railway, as the same now exists, or may be completed or extended within the meaning of the follow- ing words, that is to say, from some place in the City of To- ronto to some place on the southerly shore of Lake Huron, touching at the town of Barrie, or at some point or place on the shore of Lake Simcoe ; (38 V. Can. c. 65, s. 26. sub. 1.) BarrieBrancb. Second. Its Barrie branch I'ailway, as the same now exists, or may be completed or extended to a place known, or known in the year one thousand eight hundred and sixty-three, as "Mc- Watt's Wharf" in the I'own of Barrie, including the requi- site station ground and buildings at or near the said wharf, together with such borrowing pits as may be requisite, the whole as laid down on a diagram, filed in the year one tliou- sand eight hundred and sixty -three, with the Secretary of the Railway Commissioners at Quebec, marked with ihe letter A, and signed by Frederick ( 'umberland and T. D. McConkey , or in substantial conformity with the .said diagram; (38 V. Can. c. 65, a. 26, sub. 2.) Northern Railway of Canada. 17 lailway and ^an. c. G8, h. oration, all Dt' Canada, Council in irther force pt only the a work for .such per- il and com- lich works mo for the ing of this obligation f)eal hereby validity of he repealed which the y of the re- ly, whether I. G5,s.24.) orporate by mada, with er the usual ntwith this molding, let- ny penalty list of: ists, or may the foUow- City of To- ake Huron, or place on (J. sub. 1.) w exists, or or known in ree, as "Mc- l the requi- said wharf, iquisite, the ir one thou- etary of the 1 the letter McConkey, vm ; (38 V. Third. All such extensions and branches a« may bo made by the Bxtemion and Company within the meaning of the following words, that is u'ke^iSron to say : " It shall be lawful for the said Company to extend »nd Ueorgian " the line of their railway, or to branch from any point or ^*'* " place on the line thereof which has l)een or may bo adopted " by the Directors of the said Company, to such point or " places lying between the easterly limit of tho Georgian Bay " and a point on the east main shore of Lake Huron, not fur- " ther south than the southerly limit of the Township of " Saugeen, as tho Directors of the said Company may tix ;" (38 V. Can. c. 05, s. 2- boats or vessels on other lakes, by elinrtering oi' otherwise, to run vessels in connection with their said line of railway. {'-^^ V. Can. c. 05, 8. 27.) Powers. To receive grants of lands, &a. Purchase of land: Occupy public lan 19 «r N 5. Tho Company Hhall hiiv.) power unil iiutliority to miike, carry '''>«'orioo»rrJ' or phico tln! riiilwiiy iutohh or upon tlio InndH of iiiiy ( 'orpottttion AT K»iu»«y' porHon on tht) lint; of *.m liiulwiiy, iiltnougli tlirouj^li error or other df c.rimra- ciuiHe, tht> niuiit) ot Hiich party hnn not been *>nter(Ml in the Book of tlonn, »■nK "mimii, which it intersects or touches ; but the stream, water-course, high- *"• way, canal or railway so intersected or touched, shall be restored by the ('ompany to its former state, or to such state as not to impair its usefulness ; and the Company shall further have power to make use, for the purpose of its Railway, of the water of any stream or water- course, over or near which its Railway passes, doing, however, no unnecessary damage thereto, and not impairing the usefulness of such stream or water-course ; (31 V. Can. c. C§, s. 7, sub. 6 ; 38 V.Can. c. 65, s. 28.) 7. To make, complete, altor and keep in repair the Railway with To complete one or moro sets of rails or tracks to bo worked by tlie force and R»"'»»y "'"> power of steam, or of the atmosphere, or of animals, or by mechani- "nick» &o!* cal power, oi by any combination of them; (31 V. Can. c. G8, s. 7, sub. 7.) 8. To erect and maintain all necessary and convenient buildings, Erect necei- stations, depots, wharves and fixtures, and from time to time to al- narybuiiaingi, ter, repair or enlarge the same, and to purchase and acquire station- "''*'■''*'• *<=• ary or locomotive engines and carriages, waggons, floats and other machinery necessary for the accommodation and use of the passen- gers, freight and business of the Railway ; (31 V. Can. c. 08, s. 7, sub. 8.) 9. To make the branch Railways required and provided by this Branch Rail- Act, and to manage the same, and for that purpose, to exercise "^y- all the powers, privileges and authorities necessary therefor, in as full and ample a manner as for the Railway ; (31 V. Can. c. 68, s. 7, sub. 8.) 10. For the purpose of connecting any city, town, village, manu- Power to factory or manufactories, mine or mines, or any quarry or quarries Company to of stone or slate, or any well or spring with the main line of the hranch*^' railway of the Company, or with any branch thereof, or with any linos for c»r- Railway worked or leased by the Company ; and for the purpose of ''"" purposes, giving increased facilities to business, or for the purpose of transport- ing the products of any such manufactory, mine, quarry, well or s])ring, it shall be lawful for the Company to build, make and con- struct and to work and use siding, switches, or brancli linefj of rail- way, not to exceed in any one case six miles in length: Provided pjoyij^. always, that the Company shall not proceed to locate or build any notice to be branch line of more than one quarter of a mile in length , under this 8>*'on. section of this Act, until public notice shall have been given for six 20 Northern Railway of Canada, weeks in sume paper published in the county or counties through or in whicli such hrancli line is to be made, that it is the intention of the Company to apply to the Governor in Council to sanction the building of such branch line, and to appropriate the necessary lands for that purpose, under the compulsory powers vested in them by this Act, nor unless the Company shall, prior to the first publication of such notice, have deposited in the Registry Office of any city, county or juirt of a county in which the line or any part thereof is to be conslrucled, the maps and plans indicating the location of the line, por until the Company shall have submitted the same to and such maps and plans shall have been approved by, the Governor iu Council, after the expiration of the notice ; and provided further, that the order of the Governor in Council, approving the said maps and plans, shall limit the time, not exceeding two years fi'om the date of such order, within which the Company may construct such branch line; (38 V. Can. c. 24, s. 1.) Powers o( the 11. For any and every such purpose the Company shall have and Compiiny aa to may exercise all the powers given it with respect to its main line by this Act ; and each and all provisions of this Act which are applica- ble to such extension, shall extend and apply to every such siding switch or branch line of Kailway ; (38 V. Can. c. L'i, s. 1.) Maps and plans to be deposited and approval of Ooveruor in Council obtained. Proviso ; time for cinstruc- tion to be limited. such branch lines. All o:her mat- 12. To construct, and make all other matters and things neces- ters and things jjaj.y an J convenient for the making, extending and using of the STy^ Railway, in pursuance of this Act ; (31 V. Can. c. 68, s. 7, sub. 10.) To convey per- 13. To take, transport, carry and convey persons and goods on sons and ^jj^ Railway, to regulate the time and manner in which the same Railway : shall be transported, and the tolls and compensation to be paid therefor, and to receive such tolls and compensation ; (31 V. Can. c. 68, s. 7, sub. 11.) Tu enter upon 14. To enter into and upon any lands of Her Majesty without lands, Ac. previous license therefor, or into and upon the lands of any Cor- poration or person whatsoever lying iu the intended route or Tomakesur- jj^p yf j^jj^ Railway; and to make surveys, examinations, or '*^ " other necessary arrangements on such lands necessary for fixing the site of the Railway, and to set out and ascertain such parts of the lauds as are necessary and proper for the Railway ; (31V. Can. c. 68, s. 7, sub. 13.) To remove trees ; To oro»3 or mnite with other Rail- ways. 15. To fell or to remove any trees standing in any woods, lands or forest.s, where the Railway passes, to the distance of six rods from either side thereof; (31 V. (Jan. c. 68. s. 7, sub. 14.) IG. To cross, intersect, join and unite the Railway with any other Kailway at any point on its route, and upon the lands of such other Railway, with the necessary conveniences for the purposes of such connection ; and the owners of both Railways may unite in forming such intersection, and grant the facilities therefor ; and in case of disagreement upon the amount of compensation to be made therefor, or upon the point or manner of such crossing and connection, the same shall be determined by Arbitrators to be appointed by a Judge of one of the Superior Courts in the Province in which the point of junction or intersection is situated; (31. V. Can. c, 68, s 7, sub, 15,) Northern Railway of Canada. 21 17. But the. Company shall not avail itself of any of the powers Butnotwith- contained in the next preceding sub-section without application to "."' appiioa- the Railv/ay Committee, constituted by the twenty-tliird section of Railway Co- \- *' The Railway h.ci, 1868,"((t) for approval, of tht? mode of crossing, mittae union or intersiction proposed ; of which application, notice in writing shall be given to any other Railway affected, by sending the same by mail or otherwise, to tbe address of the President. Superin- tendent, Managint; l)ireci.oi or Secretary of any such Railway Com- pany, and when sucli ai)proval lias been obtained, it .shall lie lawful for either Railway, in ciiSi' of disagreement as to the amount to be paid tor compensation, to proceed foitlie (leterniiiiation (if siuli com- pensation as provided in the said subsection ; (31 V. Can. c. 08, s. 7, sub. 16). 18. The Company may construct a l)ranch or branches not ex- The Company ceeding six miles in lengt'i from iiny terminus or station of its "^*y construct Railway, whenever a Ry-law sanctioning the same uas been passed ,yyyg qu jg,.. by the Municipal Council of the Municipality within the limits of tain oondi- which such proposed branch is situate, and no such branch shall, as ''°°'- to the cjuality and construction of the road, be subject to any of the re- strictions contained in this Act, nor shall anything in either of the said Acts authorize the Company to take for such branch any lands be- longing to any party without the consent of such party first obtained ; (::U V. Can. c. 68, s. 7, sub. 17.) 19. If the Cojiipany desires at any time to change the location of Changes may its line of Railway in any particular part for the purpose of lessening J'n^^/Rau!^^ a curve, reducing a gradient, or otherwise benefiting such line of ^ay at any Railway, or for any other purpose of public advantage, // may make time for cer- such change ; and all and every the clauses of this Act shall refer as **'° purposes, fully to the part of such line of Railway so at any time changed or proposed to be changed as to the original line ; but the Company shall not have any right to extend its line of Railway beyond the termini mentioiunl in this Act. (31 \. Can. c. 68, s. 7, sub. 18.) PLANS AND SURVIOYS. 36. Plans and Surveys shall be made and corrected as follows : Provisions re«- peoting sur- 1. Surveys and levels shall be taken and made of the lamls through loveli. which the Railway is to pass, togetlier with a Ma[> or Plan thereof. Map and Book and of its course and direction, and of tlie laiuls intended to be of Reference ; passed over and taken therefoi', so far as tlieu ascertained, and also "'""tpnt*- a Book of Reference for the Railway, in which shall be set f(Uth — I a. A geneial description of the saiil lands ; h. The names of the owners and occupiers tliereof, so far as they can be ascertaiiu'd ; and, c. Kverytlung necessary for the right understanding of such Map or Plan ; (31 V. Can. c. 08, s. 8, sub. 1.) 'J. The Maj) or Plan and Book of liefercncc si: ill be examined and To b» exam- certihed by the Minister of I'ublic Works or his Deputy, an.l a du- I^^^d'copies deposite 1. (ft) Incorporatcil in tliiM Act aw Sfction nr). 22 Northern Raihvay of Canada. plicate thereof, so examined and certified, shall be deposited in the office of the Department of Public Works, and the Company shall be bound to furnish copies of such Map or Plan and Book of Reference or of such parts thereof as relate to each District or County through which the Railway is to pass, to be deposited in the offices of the Clerks of the Peace for such Districts or Counties respectively ; (31 V. Can. c. 68, s. 8, sub. 2.) 3. Any person may resort to such copies, and make extracts or copies thereof, as occasion requires, paying to the Clerks of the Peace at the rate of ten cents for every hundred words ; (31 V. Can. c. 68, s. 8, sub. 3.) 4. Such Map or Plan and Book of Reference so certified, or a true copy thereof certified by the Minister of Public Works, or by the Clerks of the Peace, shall be good evidence in any Court of Law and elsewhere ; (31 V. Can. c. 68, s. 8, sub. 4.) 5. Any omission, misstatemont or erroneous description of such lands, or of the owners or occupiers thereof, in any Map or Plan or Book of Reference, may, after giving ten days' notice to the owners of such lands, be corrected by two Justices on application made to them for that purpose, and if it appears to them that such omission, misstatement or erroneous description arose from mistake, the Jus- tices shall certify the same accordingly ; (31 V. Can. c. 68, s. 8, sub. 5.) Certificate re- 6. The certificate shall state tlie particulars of any such omission, lating thereto, ^nd the manner thereof, and shall be deposited with the Clerks of the Peace of the Districts or Counties respectively in which such lands are situate, and be kept by them along with the other docu- ments to which they relate ; and thereupon such Map or Plan or Book of Reference shall be deemed to be corrected according to such cer- tificate ; and the Company may make the Railway in accordance with tlie certificate ; (31 V. Can. c. 68, s. 8, sub. 6.) Acoeis tn copies. Certified cop- ies to be evi- dence. Omissions r errors, how remedied. AlteratioDs froDt original surrey. 7. If any alterations from the original Plan or Survey are in- tended to be made in tlie line or course of the Railway, a Plan and Section of such alterations as have been approved of by Parliament, on the same scale and containing the same particulars as the original Plan and Survey, shall be deposited in the same manner as the ori- ginal Plan, and copies or extracts of such Plan and Section so far as they relate to the .several Districts or Counties in or through which such alterations have been authorized to be made, shall be deposited with the Clerks of the Peace of such Districts and Counties ; (31 V. Can. c. 68, s. 8, sub. 7.) Railway not 8. Until such original Map or Plan oi' Book of Reference, or the ^"d^d'^'th Plans .and Sections of the alterations, have been so deposited, the until map, Ac, execution of the Railway, oi' of tiie part thereof aftected by the alter- depositeii. ations, as the case may he, shall not be proceeded with ; (3 1 V. Can. c. 68, s. 8, sub. 8.) Olerka ofthe 9. The Clerks of the Peace shall receive and retain the copies of Peace to re- the original Plans and Surveys, and copie,s of tlie Plans and Sections •riginalpfaD, of alterations, and copies and extracts theriH)f respectively, and shall 4c. permit all persons interested to inspect any of the documents afore- Northern Raihvay of Canada. 28 said, and to make '-opies and extracts of and from the same, under a Copieg or penalty for each default of four dollars ; (31 V. Can. c. G8, s. 8, sub. 9.) "t"i<=t»- 10. The copies of the Maps, Plans and Books of Reference, or of Copies oer- any alteration or correction thereof, or extracts therefrom, certified *^f^^ ^^ ^^ by the Clerk of the Peace, shall be received in all Courts of Justice good evidence or elsewhere as good evidence of the contents thereof, and the Clerk >n Courts. of the Peace shall give such certificate to all parties interested when required ; (31 V. Can. c. 6S, s. 8, sub. 10.) 11. No deviation of more than one mile from the line of the Rail- Je'vi^Je more way or from the places assigned thereto in the said Map or Plan than a mile and Book of Reference, or Plans or Sections, shall be made into, from Plan, through, across, under or over any part of the lands not shewn in such Map or Plan and Book of Reference, or Plans or Sections, or within one mile of the said line and place, save in such instances as are provided for in this Act; (31 V. Can. c. 68, s. 8, sub. 11.) 12. The Railway may be carried across or upon the lands of an^ As to errors In person on the line, or within the distance from such line as afore- ierjon'^ntered said, although the name of such person has not been entered in the in a Book of Book of Reference through error or any other cause, or though some Reference, otjier person is erroneously mentioned as the owner of or entitled to convey, or is interested in such lands ; (31 V. Can. c. 68, s. 8, sub. 12.) 13. A Map and Profile of the completed Railway and of the land Map, Ac, of taken or obtained for the use t'l-reof, shall, within six months after i^gj'7n^he *** completion of the undertaking, l)e made and filed in the ofiice of the Board of Minister of Public Works, and like Maps of the parts thereof, Works Office, located in different Districts and Counties, shall be filed in the Registry Offices for the Districts and Counties in which such parts are respectively situate ; and if the Company fails or neglects to furnish such Map within the said period, it shall incur a penalty of two hundred dollars, and a like penalty for each ami every month such failure or neglect shall continue, recoverable in Her Majesty's name in any Court of competent jurisdiction ; (31 V. Can. c. 68, s. 8, sub. 13.) 14. Every such Map shall be drawn on such a scale, and on such 0" what scale paper, as may from time co time be designated for that purpose be tir^'aw'" '° by the Minister of Public Works, and shall be certified and signed by the President or Engineer of the Corporation. (31 V. Can. c. 68, s. 8, sub. 14.) LANDS AND THEIU VALUATION. 37. The lands which may betaken without the consent of the Extent of proprietor thereof, shall not exceed thirty-three yard.s in breadth, |*j^||^ *wi^houi except in places where the Railway is raised more tlKiM five feet ggi,jj,nt ^f higiier, or cut more than five feet deeper than the surface of the line, proprietor, or where offsets are established, or where stations, depots or fixtures are intended to be erected, or goods to be delivered, and then not moie than two hundred and fiftv yards in length by one hundred and fifty yards in bicadtli, without the consent of the person ^fj^pot^ authorized to convey such Imids: iunl the places at which such extra breadth is to be taken shall b*; shewn on the Map or Plan, or Plans 24 Northern Railway of Canada. Extent of publio beach to be taken. Corporations, Ac, may oon yey lands to Company, or Sections, so far as the same may be then ascertained, but their not being so shewn shall not prevent such extra breadth from being taken, provided it be taken upon the line shewn or within the dis- tance aforesaid from such line ; (31 V. Can. c. 68, s. 9, sub. 1.) 2. Tlie extent of the public beach, or of the land covered with the waters of any river or lake in Canada, taken for the Railway, shall not exceed the quantity limited in the next preceding sub-section ; (31 V. Can. c. 68, s. 9, sub. 2.) 3. All Corporations and perpons whatever, tenants in tail or for life, yreves de suhstitutvm, guardians, curators, executors, administra- tors, and all other trustees whatsoever, not only for and on behalf of themselves, their heirs and successors, but also for and on behalf of those whom they represent, whether infants, issue unborn, lunatics, idiots, jemes covert, or other persons, seized, possessed of, or interested in any lands, may contract, sell or convey unto the Company all or any part thereof; (31 V. Can. c. 68, s. y, snl). 3.) Limitation of 4 Yiwt the powers by the next preceding sub section conferred tein'coses. "" "P**" Rectors in ixis-ession of Glebe lands in the Province of Ontario, Ecclesiastical and other Corporations, Trustees of Land for Church and School purpo;e.s, or either. Executors appointed by Wills in which they are not invented with any power over the real estate of the Testator, Adniinistratois of persons dying intestate, but at their death seized of real t state, shall only extend and be exercised with respect to any of such lands a{ituidly I'equired for the use and occu- pation of any Railway Company ; (31 V. Can. c. 68. s. 9, sub. 4.) all Eflfectof sale 5. Any contract, agreement, sale, conveyance and assurance so ""'^suh'seo-*'^ made under the two preceding sub-sections, shall be valid and tion. eflfectual in law to all intents and purposes whatsoever, and shall vest in tb' Cmnptimj, the fee simple in the lands in auch deed de- ■^cribed, freed and discharged from all trusts, restrictions and limita- tions whatsoever ; and the Corporation or person so conveying is hereby indemnified for what it or he respectively does by virtue of or in pursuance ot this Act ; (31 V. Can. c. 68, s. 9, sub. 5.) Disposition '.f G. The Ctjmpany shall not be responsil)le for the disposition of moMv'^ any purchase money for lands taken by them for theii' purposes, if jiaid to the owner of the land, or into *'onrt for his benefit, as here- iiiat'te: provided ; (31 V. Can. e. t!S, s. 9, sub. 6.) Effect of con- tracts miiilc before deposit of map. 7. Any contract or agreenu'nt made by any party authorized by this Act to convey lands, made l)efore the deposit of the. Map or Plan and Hook of Reference, and before the setting out and ascer- taining of the laiiiis required for the Railway, shall be b nding at the price agreed upon for the same lands, if they are afterwards so set out and ascertained within one year from the date of the contract or agreement, and although such land may, in the meantime, have be- come the pioperty of a third party ; and possession cf the land may be taken and the agreement and price may be dealt with, as if sucli price had been fixed by an award of Arbitrators as hereinafter pro- vided, and the agreement shall be in the place of an award ; (31 V. Can. c. 68, s. 9, sub. 7 ) Norther ii Railway of Canada. 25 8. All Corporations or persons who cannot in common course of Corporatlone law sell or alienate any lands so set out and ascertained, shall agree T.n'' °tv°airi«« /5 1 1 .1 1 . *. I sell mil/ >|{ro« upon a nxed annual rent as an equivalent, and not upon a principal upon a fixed sum, to be paid for the lands ; and if the amount of the rent is not ren'- fixed by voluntary agreement or compromise, it shall lie fixed and all proceedings shall be regulated in the manner herein prescribed ; and for the payment of the said annual rent, and every other annual rent agreed upon or ascertained, and to be paid for the pur- chase of any lands, or for any part of the purchase money of any lands, which the vendor agrees to leave unpaid, the Railway ami the tolls thereon shall be liable and chargeable in preference to all other claims and demands thereon whatsoever, the deed creating such charge and liability being duly registered in the Registry Office of the proper District, County or Registration Division ; (31 .'. Can. c. 68. 8.9, sub. 8.) 9. Whenever there is more than one party proprietor of any land As to proprie- as joint tenant or tenants in common, or par indims, any contract or torsp"'" agreement made in good faith with any pavty or parties proprietor or being together proprietors of one-third or more of such land, as to the amount of compensation '^r the same or for any damages thereto, shall be binding as bet en the remaining proprietor orpro- prietors as joint tenants or tenants in common and par indivis; and the proprietor or proprietors who have so agreed, may deliver posses- sion of such land, or empower the entry upon the same, as the case may be ; (31 V. Can. c. 68, s. 9, sub. 9.) 10. After one month from the deposit of the Map or Plan and After one Book of Reference, and from notice thereof in at least one news- ["^g ^f deposit paper, if there be any, published in eacli of the Districts and of map, Ac, Counties through which the Railway is intended to pass, applica- application to tion may be made to the owners of lands or to parties empowered lands!"'*'^ ° to convey lands, or interested in lands which may suffer damage from the taking of materials or the exeicisu of any of tlic powers granted for the Railway, and thereupon agreements and contracts may be mad'^ with such parties touching the said lands or the compensation to be paid for the same, or for the damages, or as to the mode in which such compensation shall be ascertained, as may seem expedient to botii parties, and in case of disagreement between them, or any of them, then all (juestions which arise between them shall be settled as follows, that is to say : (31 V. Can. c. 68, s. 9, sub. 10.) 11. The deposit of a Map or Plan and Book of Reference, and Deposit of the notice ot such deposit, shall be deeme.l a general notice to all ^e*^^*^;^"* the parties, ot the lands which will be rcjuired for the Railway and notice, works ; (31 V. Can. c. 68, s. 9, sub. 11.) 1?. The notice served upon the party shall contain : Notice to op- posite party : ... . and what it a. A. description of the lands to be taken, or ot the powers in- must contain. tended to be exercised with icgard to any lands, describing them ; b. A declaration of readiness to ])ay some certain sum or rent, as the cast' luiiy bt , as coiiiinMi.satioii for .such lands or for such damairos ; lunl. 26 If the oppo- site party be absent or un- known : appli- oation to a Judge. If County Judge be in- terested. Northern Railway of Car da. c. The name of a person to be appointed as the Arbitrator of the Company, if their offer be not accepted ; and such notice shall be accompanied by the certificate of a sworn Surveyor for the Province in which the lands are situated, disinterested in the matter, and not being the Arbitrator named in the notice : a. That the land, if the notice relate to the taking of land, shewn on the said Map or Plan, is required for the Railway, or is within the limits of deviation hereby allowed ; b. That he knows the land, or the amount of damage likely to arise from the exercise of the powers ; and c. That the sum so offered is, in his opinion, a fair compensation for the land, and for the damages as aforesaid ; (31 V. Can. c 68, s. 9. sub. 12). 13. If the opposite party is absent from the District or County in which the lands lie. or is unknown, then, upon application to the Judge of the County Court for the County, accompanied by such cer- tificate as aforesaid, and by an affidavit, of some officer of the Company that the opposite party is so absent, or that, after diligent enquiry, the party on whom the notice ought to be served cannot be ascertained, the Judge shall order a notice as aforesaid, but without a certificate, to be inserted three times in the course of one month in some news- paper published in the District or County ; or if there be no newspaper published therein, then in a newspaper published in some adjacent District or County ; (31V. Can. c. G8. s. 9, sub. 13.) 14. Whenever any County Judge is interested in any lands taken or required by the Company within the County in which he is such Judge, any Judge of any of the Superior Courts in the Province in which the lands are, shall, on the application of the Company, exer- cise in such case all the powers given by this section to the County Judge in cases in which he is not interested ; (31 V. Can. c. 68, s. 9, sub. U.) Party not :ic- 15. If within ten days after the service of such notice, or within cepting the Qjjg month after the first publication thereof, the opposite party does offer and not ^^^t notify to the Company his acceptance of the sum offered l>y them, appointing an or notify to them the name of a person whom he appoints as Arbitrator, Arbitrator. jjiy,! t}^g Judge shall, on the application of the Company, appoint a sworn Surveyor, for the Province, as the case may be, to be sole Arbitrator for determining the compensation to be paid as afore- said ; (31 V. Can. c. 68, s. 9, sub. 15.) by ii|ip»site party : thir4 Arbitrator. Appointment 16. If the oppo.site party, within the time afore,said, notifies to the ul '^'^i!ifi°" Company the name of his Arbitrator, then the two Arbitrators shall jointly appoint a third, or if they cannot agree upon a third, then the Minister of Public Works shall, on the application of the party ur of the Company (previous notice of at least two clear days having been given to the other party), appoint one of the Official Arbitra- tors to be a third Arbitrator; (31 V. Can. c. 68, s. 9, sub. 16.) Duties o» Ar- 17. The Arbitrators or two of them, or the sole Arbitrator, being bitrators. sworn before some Justice of the Peace for the District or County in which the lands lie, faithfully and impartially to perform the duties of *"*-i Northern Railway of Canada. 27 their office, shall proceed to ascertain the said compensation in such way as they o*^ ne, or a majority of them, deem best, and the award (;f such Arbitrators, or any two of them,or of the sole Arbitrator, shall be final and conclusive : but no such award shall be made or any official act fiT"*!,,. '''*' , J 1 ' , -111- , to be gum- be done by such majority, except at a meeting held at a time and oient. place of which the other Arbitrator has had at least two clear days' notice, or to which some meeting at which the third Arbitrator was present, had been adjourned ; and no notice to either of the parties shall be necessary, but each party shall be held sufficiently notified through the Arbitrator appointed by him, or whose appointment he required ; (31 V. Can., c, 68, s. 9, sub. 17.) 18. The Arbitrators, in deciding on such value or compensation. Arbitrators to are authorized and required to take into consideration the increased "onsider in- value that would be given to any lands or grounds through or over of^r^mainUg' which the railway will pass by reason of the pa' sage of the railway lands, through or over the same, or by reason of the construction of the railway, and to set off the increased value that will attach to the said lands or grounds, against the inconvenience, loss or damage that might be suffered or sustained by reason of the Company taking pos- session of or using the said lands or grounds as aforesaid ; (31 V. ('an. 0. 68, s. 9,sub. 18.) 19. If in any case where three Arbitrators have been appointed, Costi, how the sum awarded is not greater than that of!ered, the cost of the arbi- ?»•<*• tration shall Ije borne by the opposite party, and be deducted from the compensation ; but if otherwise, they shall be borne by the Com- pany, and in either case they may, if not agreed upon, be taxed by the Judge ; (31 V. Can. c. 68, s. 9, sub. 19.) 20. The Arbitrators, or a majority of them, or the solo Arbitrator, Arbitrators may examine on oath or solemn afPrmation the parties, or such wit- "**^ oxamino nesses as voluntarily appear before them or him, and may administer such oath or affirmation ; and any wilfully false statement made by any witness, under such oath or affirmation, shall be deemed wilful and corrupt perjury, and punishable accordingly; (31 V. Can. c. 68, s. 9, sub. 20.) 21. Any party to an arbitration under this Act, may, without leave Partius to or order, obtain and issue out of any one of the .Superior Courts, Kailwiiy Arbi- upon prfficipe, setting forth the names of the witnesses to l)e sub- ohni'iT^sub"-^ poenaed, the names of the Arbitrators and the place and time of meet- pcgims. ing, a subpojiia commanding the attendance for examination of any witness, and also the production of any docume t to or before the Arbitrator or Arbitrators, and at the time and place mentioned in sucli subpoena ; and the disobedience of such subpoena shall be deemed Disobedience a contempt of Court, and shall be punishable in the same manner j^,'g^*^y^"^^f and to the like extent as in the case of subpoenas issued out of such tempt of Court in a civil case; (38 V. Out. c. 15, s. 1.) Court. l!2. The same fee shall be payable for such subpoenas as in the case Fees and con- of subpoenas issued out of such Superior Court in civil cases, and the y the Arl)ittators to the Clerk of Kecords and Writs of the Court of Chancery, with ap- propriate stamps, and shall be tiled by such Clerk with the Records of the Court; (38 V. Ont. c. 16, s. 3.) A*bit*'*ti** ^* "^"y party to such arbitration may, within one month after re- may appeal to ceiving a written notice from one of the Arbitrators of the making Judges of of the award, appeal therefrom upon any question of law or fact to a Judge of any of the Superior Courts of Law or Equity, and upon the hearing of such appeal, such Judge shall, if the same be a ques- tion of fact, decide the same upon the evidence as in a case of origi- nal jurisdiction ; (38 V. Ont. c. 15, s. 4.) Superior Cuurta. Practice and 25. Upon any such appeal the practice and proceedings shall be, as upoiTap"*^ near as may be, thn same as upon an appeal from a decision of the Judge of the County Court in Insolvency ; (38 V. Ont. c. 15, s. 5.) Existiag prac- 26. The right of appeal hereby given shall not affect the existing tice continued. 1^^ or practice as to setting aside awards ; (38 "V. Ont. c. 15, s. 6.) Time within which award may be made. Arbitrator dy- ing Sie. 27. A majority of the i\.rbitrators at the first meeting after their appointment, or the sole arbitrator, shall fix a day on or before which the award shall be made, and if the same is not made un or before such day or some other day to which the time for making it has been prolonged, either by the consent of the parties or by resolution of the Arbitrators, then, tiie sum offered by the company as aforesaid^ shall be the compensation to be paid by them ; (31 V. Can., c. 68 s. 9, sub. 21.) 28. If the sole Arbitrator appointed by the Judge, or the Official Arbitrator appointed by the Minister of Public Works, or any Arbi- trator appointed by the parties, dies before the award has been made, or is disqualified, or refuses or fails to act within a reason- able time, then, in the case of the sole Arbitrator, the Judge, upon the application of either party, and in the case of the Official Arbitrator, the Minister of Pul)lic Works, ujxjh a like application, the Judge or Minister being satisfied by affidavit or otherwise of such dentil, ilisqualification, refusal or failure, may appoint another Arbitral' r in his place, and in the case of any Arbitrator appointed by the partu s the Company and jmrty respectively may each appoint an Arbitrator in the place of hi.s Arltitrator sodecea-sed or not acting, but no recommencement or repetition of ])rior proceedings shall be required in any case ; (31 V. Can. c. 08, s. 1). snii. 22.) Company < »y 29. Any such notice f.r lands, as aforesaid, m.iy be desisted from, costs. '"'" ' '' '"^'"1 "^^^ notice given, with regard to the same or other lands, to tlie same or any other party, but in any such case, the lialiility to the party first notified for all damages or costs by liim inenrred in <;onse- ((uenci^ of such first notice and lii Histnient. shall subsist ; (31 V. Can. c. 6S. s. 1). sub. 23.) Northern Railway 0/ Canada. 29 irbitrators Mie making fierein, and award, be |iitrators to with ap- |i<' Records |th after re- le making I or fact to and upon I be a ques- be of origi- Oiall be, as ion of tlie 15, 8. 5.) lie existing 15, s. 6.) after their or before ade on or king it has sohition of aforesaid an., c. 68' lie Official any Arbi- has been a reasoii- le Judge, le Official plication, ?rwise of ' another ippointed 1 appoint '>t acting, shall be <'d from, s, to tlie y to the n conse- V. Can. SO. The Surveyor or other person offered or appointed as Valuator or Surveyor or as sole Arbitrator, shall not be disqualified by reason that he is pro- '^'j' '5*'°' .. fessionally employed by either party, or that he has previously expressed flgj un'lisi an opinion as to the amount of compensation, or that ho is related par«unally or of kin to any member of the Company, provided he is not himself 'nt*''*''"*- personally interested in the amount of the compensation ; and no Vf lien JUqu^l- cause of disqualification shall be urged against any Arbitrator j,e urged""* appointed by the Judge, after his appointment, but the objection njust be made before the appointment, and its validity or invalidity shall bo summarily determined by the Judge ; (31 V. Can. c. 68, s. 9, sub. 24.) 31. No cause of disqualification shall be urged against any Arbi- No objection trator appointed by the Company or by the opposite party after the "^'"'"'''•f appointment of a third Arbitrator ; and the validity or invalidity of ArWitruor hai any cause 0/ disqualification urged against|any such Arbitrator before betu appointed the appointment of a third Arbitrator, shall be summarily deter- mined by the Judge, on the application of either party, after two clear days' notice to th« other, and if the cause is determined to be valid, the appointment shall be null, and the party offering the per- son so adjudged to be disqualified shall be held not to have appointed an Arbitrator ; (31 V. Can. c. 68, s. 9, sub. 25.) 32 No award shall be invalidated from any want of form or other Awards not technical objection, if *he requirements of this Act have been com- "'voided for plied with, and if the award state clearly the sum awarded, and the lands or other property, right or thing for which such sum is to be the compensation ; nor shall it be necessary that the party or parties to whom the sum is to be paid be named in the award ; (31 V. Can. c. 68, 8. 9, sub. 26.) 33. Upon payment or legal tender of the compensation or annual Powession rent to awarded or agreed upon to the party entitled to receive the ^n'^aVinen'or same, or upon the deposit of the amount of such compensation iu tender, &o., of the maaner hereinafter mentioned, the award or agreement shall vest «um awardtd. in the Company the power forthwith to take possession of the lands, or to exercise the right, or to do the thing for which such compensa- tion or annual rent has been awarded or agreed upon ; and if any re- sistance or forcible opposition be made by any person to their so doing, the Judge may, on proof to his satisfaction of such award or Warrant of agreement, issue his warrant to the Sheriff of the District or County, POMe^sion. or to a Bailiff, as he may deem most suitable, to put the Company in possession, and to put down such resistance or opposition, which the Sheriff or Bailiff, taking with him sufficient assistance, shall accord- ingly do (31 V. Can. c. 68, s. 9, sub. 27.) 34. (a) Such W'^arrant may also be granted by any such Judge, When warrant without such award or agreement, on affidavit to his satisfaction that of possegsion the immediate possession of the lands, or of the power to do the thing f„re award, mentioned in the notice, is necessary to carry on some part of the Kailway with which the Company are ready forthwith to proceed ; and upon the Company giving security to his satisfaction, and in a Sieurity being sum which shall not be less than double the amount mentioned in the ^"'„g/t''®° '° notice, to pay or deposit the compensation to be awarded within one pensation. month after the making of the award, with interest from the time at (a) Tbifi and tbo following lub-iettion ma«t be read togetlier. 30 Northe.rn Ridlway of Canmhi. which possession is given, and with such costs hs may be lawfully pay- able by the Company ; (31 V. Can. c. 68, s. 9, sub. 28.) On what tin- 35. No Judge shall grant any warrant under the preceding mb-mciion '}'''"°' "'"'y * unless ten days' previous noMce of the time and place, when and gnint"ii* war- where application for its granting will be made to him has been rant under the served upon the owner of the land, or the party empowered to con- '.?"'!'„''f'in!l'''' ^^y ^^^^' I'ind, or interested in the land sought to be taken, or which ... . .„« n„- ^^^ Hufl'er damage from the taking of materials sought to be taken, or the exercise of the powers sought to be exercised, or the doing of the thing sought to be done by the Company ; nor shall any Judge grant any such warrant except upon the Company giving security to his satisfaction and in a sum larger than his estimate of the probable compensation, and not less than double the amount mentioned in the notice served under sub-section twelve of this section ; and the cost of the application to and of any hearing before the Judge shall be borne by the Company, unless the compensation awarded shall lie less than they had declared their readiness to pay ; (38 V. Can. c. 24, s. 3.) sub-Ncotion. When oom- penaation to stand in the plaoe of the land. 36. The compensation for any lands which might be taken with- out the consent of tlie proprietor shall stand in the stead of such lands ; and any claim to or incumbrance upon the said lands, or any portion thereof, shall, as against the Company, be converted into claim to the compensation, or to a like proportion thereof, and they shall be responsible accordingly whenever they have paid snch com- pensation or any part thereof to a party not entitled to receive the same, saving always their recourse against such party ; (31 V. Can. c. 68, 8. 9. sub. 29.) Astoinoum- 37. If the Company has reason to fear any claims or incumbran- brances, Ao., ces, or if any party to whom the compensation or annual rent, or any upon lands, ^ pj^j,^ thereof jg payable, refuses to execute the proper conveyance and or taken. guarantee, or if the party entitled to claim the same cannot be found, or is unknown to the Company, or if for any other reason the Com- pany deems it advisable, the Company may pay such compensation into the office of one of the Superior Courts with the interest thereon for six months, and may deliver to the Clerk of the Court an authentic copy of the conveyance, or of the award or agreement if there be no conveyance, and such award or agreement shall thereafter be deemed to be the title of the Company to the land therein mentioned ; (31 V. Can. c. 6S, s. 9, sub. 30.) What notice to 38. A notice, in such form and for such time as the Court rU liooi of thia Act tn the Itod ocrtitud as neoeaaiiry. fffect, ami ilecluring it to ho iieccHHiiry in tlm piihlic iiitereHt thiif tlie ground hIiowii mi hucIi plan, or niiy Iohh quantity, hIiouM bt iiccjuirt'il l)y thu (Jomimny ; and Huch ctTtilirato hIwiII he aniioxoil to oii)^ (if tlitt (liiiilieatcs of tht) naiil plan and Htatttnu'ut, and thtt othui diiplicaU; shall ri>aiain in the otBcu of thu Miniattjr; (34 V. Can. c. 4:J, 8. 2.) 44. Upuu the granting of such certificate as aforcnaid, by th«> Minister of I'nhlic VVorkH, and by virtue tluTcof, the Company Hhail have powi^r to take the ground shown on the said plan as recpiired foi' th»( purpo8t!8 aforesaid, without the consent of the proprietors, and the Company, and all corporations or parties who could not otherwise convey the same t(» the Company, shall have, with respect to any such ground, all the powers grantetl by thi' thirty-seventh seditm (if this Ad to the Comimny, corporations, and parties who could not otherwise convey the same, witli respect to lands which may be taken without the consent of the proprietors thereof; and tlie emictments and piovisions of the said section, except such as refer to the map or plan anil book of reference therein mentioned, or as limit the ext«nt of land to be taken, shall apply and are hereby extentled to the ground mentioned in the said certificate of the Minister of Public Works, and to all the proceedings connected with or consecjuont upon the acquiring or taking of such ground or any part thereof, with or without the consent of the proprietor ; and if at any time thereafter the Company shall not require the whole or any portion of the land acqtiired under this provision for Railway purposes, then such land as is not so required shall be sold by auction after thirty days' notice thereof in any local newspaper ; (34 V. Can. c. 43, s. 3.) Proof of oerti- 45. Any such certificate as aforesaid, purporting to be signed by Boat*. (;jjg Minister of Public Works, shall be received as authentic in all Courts of kaw or Equity, without proof of such signature or other evi- dence unless its authenticity be called in question on behalf of the Crown ; (34 V. Can. c. 43, s. 4.) HIGHWAYS AND BRIDGES. Railway not (0 be oarried along any highway without leaT* from muoi- oipal authorl- tl«a. 8S. The Railway shall not be carried along an existing highway, but merely cross the same in the line of the Railway, unless lejive has been obtained from the proper Municipal or local authority therefor ; and no obstruction of such highway with the works shall be made without turning the highway so as to leave an open and good passage for carriages, and, on completion of the works, re- placing the highway, under a penalty of not less than forty dollars for any contravention ; but, in either case, the rail itself, provided it does not rise above nor sink below the surface of the road more than one inch, shall not be deemed an obstruction ; (31 V. Can. c. G8, s. 10, sub. 1.) Railway not 2. No part of the Railway which crosses any highway without to riie more being carried over by a bridge, or under by a tunnel, shall rise above aboVlVverof' ^^ ™^^ below the level of the highway more than one inch ; and the any highway Railway may be carried across or above any highway within the when croaiing limits aforesaid; (31 V. Can. c. 68, s. 10, sub. 2.) theaama. ' ^ > > / Northern Riiilvmy oj Canada. 33 r«iHt thiit liDuM ht lOXOll to 111) otiiui ^ Can. c. hy th.' iiriy Hhall re(|uirfliil«" Hallway each crossing at such htught as to leave sixteen feet from the high- h^u'way way to the lower edge of the signb(jard, and having the words " Railway Crossing " painted on eacli side of the signboard, in letters not less than six inches in length ; and for any neglect to comply with the reijuirements of this sub-section, a penalty not ex- ceeding forty dollars shall be incurred. (31 V. Can. c. 08, a. 10, sub. 5.) FENCES. titt. Within six months after any lands have been taken for the Fences to be use of the Railway, the Company shall, if thereunto required by the erected on proprietors of the adjoining lauds, at their own costs and charges, °*^'i|^° ^m, erect and maintain on each side of the Railway, fences of the height gates and and strength of an ordinary division fence, witli sliding gates, com- «ro«"ing». monly called hurdle gates, with proper fivstenings, at farm crossings of the road, for the use of the proprietors of the lands adjoining the Railway ; and also cattle-guanls at all road crossings, suitable and sufticient to prevent cattle and animals from getting on the Railway ; (31 V.Can c. G8, s. II, sub. 1.) 2. Until such fences and cattle guards are didy made, the Com- Liability of pany shall be liable for all damages wiiich may be done by their Company until trains or engines to cattle, horses or other animals on the Railway ; erected (31 V. Can. c. «J8, s. 11, sub. 2.) 3. After the fences or guards have been duly made, and while When to be they are duly maintained, no such liability sliall accrue for any such exempted, damages, unle.^.s negligently or wilfully done ; (31 V. Can. c. 68, s. 11.. sub. ?».) ay without 1 rise above 1 ; and the within the 4, If any per.soii ride.s, leads or drives any horse or any other Persons pro- animal or suflers any such horse or othei- animal to enter upon such hibited from Railway, and within the tVnces and guards, other than the fiirm *'|."|j'"^ "^g* ® crossings, without the consent of the Company, he shall for every with cattle, such offence forfeit a sum not exceeding forty dollars, and shall also *«• pay to the party aggrieved all damages sustained thereby ; (.31 V. Can. c. 68, s. 11, sub. 4.) 34 Northern Raihvay of Canada. Or walking thereon. 5. No person other than tliose connected with, or employed by the Railway, shall walk along the track thereof, except where the same is laid across or along a highway ; (31 V. Can. c. 68, s. 11 sub. 5.) Proviso : as to 6. Provided always, that in every case in which the owner persons who of any lands, or other person or ijersons authorized and capaci- compensation tated to convey, shall in their arrangements with the Company for the railway have received or agreed to receive compensation lor gates, stiles, ?and8.°^ ""^ bridges, arches or culverts, instead of the same being erected or found by the Company for the purpose of facilitating the passage to or from either side of the land severed or divided V)y the Company's RaihA ;iy, it shall not be lawful for any such owner, or those claiming under him, to pass, and they shall ever be prevented from passing or crossing the said Railway from one part to the other part of their lands so severed and divided otherwise than by a gate, stile, bridge, arch or culvert to V)e erected and maintained attlie charge of such owners, under the inspection and direction of, and according to plans and specifi- cations to be furnished and approved by the engineer of the Company ; (38 V. Can. c. 65, s. 28.) Power to erect 7. The Company shall have the right, on and after the first day ad^oininr* °° °^ November in each year, to enter into and upon any lands of Her lands. Majesty, or into and upon the lands of any corporation or person whatsoever, lying along the route or line of the Kailway, and to erect and maintain snow fences thereon, subject to the payment uf such land damages (if any) as may be thereafter established, in the man- ner provided by law with respect to the Railway, to have been Proviso. actually suffered : Provided always, that any snow fences so erected shall be removed on or before the first day of April then next fol- lowing. (36 V. Can. c. 80, s. 1.) TOLLS. Tolls to be fixed by B" laws or 0*- wise. 40. Tolls shall be from time to time fixed and regulated by the By-laws of the Company, or by the Directors, if thertjunto autho- rized by the By-laws, or by the Shareholders at any general meeting, and may be demanded and received for all passengers and goods transported upon the Railway or in the stf^am vessels to the under- taking belonging, and shall be paid to such persons and at such places near to the Railway, in such manner and under such regulations the By-laws direct ; (31 V. Can. c. 08, s. 12, sub. 1.^ as How payment of Tolls enforced. 2. In case of denial or neglect of payment o)i demand of any such tolls, or any part thereof, to such persons, the same may be sued for and recovered in any competent Court, or the agents or servants of the Company may seize the goods for or in respect whereof such tolls ought to be paid, and detain the same ujitil payment thereof ; and in the meantime the said goods shall be at the risk of the owners thereof; (31 V. Can. c. 08, s. 12, sub. 2.) When if Tolls 3_ jf the tolls are not paid within six weeks, the Company may goods^dis. ^^11 the whole or any part of such goods, and out of the money trained may arising from such sale retain the tolls payable, and all charges and be sold. Northern Railway of Cawida. 86 expenses of such detention ami sale ; rendering the siirphis, if any, or such of the goods as remain unsold, to the person entitled there- to ; (31 V. Can. c. 68, s. 12, sub. 3.) 4. If any goods re nain in the possession of the Company un- when goods claimed for the space of twelve months, the Company may thereafter, distrained or and on giving public notice thereof by advertisement for six weeks in detained may the Official Gazette of the Province in which such goods are, and in such other papers as they deem necessary, sell such goods by public auc- tion at a time and place to be mentioned in such advertisement, and out of the proceeds thereof pay such tolls and all reasonable charges for storing, advertisinii; and selling such goods ; and the balance of Proceeds, how the proceeds, if any, shall be kept by the (Company for a further *'^''^' ^^^^' period of three months, to be paid over to any party entitled there- to; (31 V. Can. c. 68, s. 12, sub. 4.) 5. In default of such balance being claimed before the expiration How balance of the period last aforesaid, the same shall be paid over to the Re- 1" be disposed ceiver General, to be applied to the general purposes of Canada, " until claimed by the party entitled thereto ; (31 V. Can. c. 68, s, 12, sub. 5.) 6. All or any of the tolls may, by any By-law, be reduced and Tolli— how again raised as often as deemed necessary for tlie interests of the un- raided or dertaking ; but the same tolls shall be payable at the same time and under the same circumstances upon all goods and by all persons, so that no undue advantage, privilege or monopoly may be afforded to any person or class of persons by any by-laws relating to the tolls ; (31 V. Can. c. 68, s. 12, sub. 6.) 7. In all cases, a fraction in the distance over which goods or pas- A fraction of sengers are transported on the Railway shall be considered as a ™''^ •"■ ,*°° whole mile ; and for a fraction of a ton in the weight of any goods, j^ chargi ' a proportion of the tolls shall be demanded and taken, according to tolLs. the number of quarters of a ton contained therein, and a fraction of a quarter of a ton shall be deinned and considered as a whole quar- ter of a ton ; (31 V. Can. c. 68, s. 12, sub. 7.) 8. The Directors shall, from time to time, print and stick up, or Table of tolls cause to be printeil and stuck up, in the office, and in all and every to be stuck up of the places where the tolls are to be collected, in some conspicuous '° offices and place there, a printed board or paper exhibiting all the tolls pay- aVjle, and particularizing the price or sum of money to be charged or taken for the carriage of any matter or thing ; (31 V. Can. c. 68, s. 12, sub. 8.) 9. No tolls shall be levied or taken until approved of by the Gov- Tolls to be ap- ernor in Council, nor until after two weekly publications in the P''"^^'^ "f^y Canada Oazdic of the by-law estaVjlishing such tolls, and of the Order in^Coumsil""'^ in Council approving thereof; (31 V. Can. c. 68, s. 12, sub. 9.) 10. Every by-law fixing and regulating tolls shall be subject to The Governor revision by the Governor in Council from time to time, after approval ™iy "vise By- thereof ; and after an Order in Council, reducing the tolls fixed and jo^g_ ''""^ regulated by any by-law, has been twice published in the Canada Gazette, the tolls mentioned in such Order in Council shall be sub- 36 Northern Railway of Canada. When Par- liament may reduce tuUs on Railways, stituted for those mentioned in the by-law so long as the Order in Council remains unrevoked, (:U V. Can. c. 68, s. 12, sub. 10.) 11. The Parliament of Canada may from time to time reduce the tolls upon the Railway, but not without consent of the Company, or so as to produce less than fifteen per cent, per annum profit on the capital actually expended in its construction ; nor unless, on an ex- amination made by tho Minister of Public Works of the amount received and expended by tlie Company, the net income from all sources, for the year then last passed, is found to have exceeded fifteen per cent, upon the capital so actually expended ; (31 V. Can. c. 68, s. 12, sub. 11.) By-luw8 im- 12. No by-law of the Company by which any tolls are to be im- posing tolls, posed or altered, or by which any party other than the raembei'.s, proved by tho officers anil servants of the Company are intended to be bound, shall G(ivern«r in have any force or efifoct until the same has been approved and sane Council. tioned by the Governor in Council ; (31 V. Can. c. G8,s. 12, sub. 12.) 18. It shall and ma}'^ be lawful for the Directors of the Company from time to time to regulate, fix and establish the rates of wharftige, tolls, dues, or duties payable by persons navigating or using rafts, vessels, boats, or other craft on Lakes Ontario, Huron, Siuicoe, Muskoka, Rousseau and Joseph and who may tiom time to time partake of the benefits and advantages of any harbour, wharves, docks or railway forming parts i>f the Company's undertaking, or of the storehouses or other )n-otection.s and erections for the safe keeping, repairing and refitting of all vessels, boats, crafts or rafts of any descrip- tion, and of goods, wares and merchandise shipped or unloaded within any such hai'bour, and to alter the said tolls, dues, duties and demamls as they may deem proper and expedient, a copy of which tolls, rates and dues shall be affixed up in not less than three places at oi* near to ever}' such harbour respectively ; Provided always that such tolls, rates and dues .shall be subject to the approval of the Governor-General in Council ; (38 V. Can. c. 65, s. 59.) Rates of tolls for use of wharves, Ac., how til be fixed. Proviso. BY-LAWS, NOTICES, &C. By-laws to be 4|. All by-laws, rules and orders regularly made, shall be put Fn"e and* ""* "^*" writing and signed by the Chairman or person presiding at the signed by meeting ai which they are adopted, and shall be kept in tlie office Chairman, of the Company ; and a printed copy of so much of them as relates to or att'ects any jiarty other than the nieml>ers or servants of the Com- pany, shall be affixed openly in every place where tolls are to be gathered, and a printed copy of so much of them as relates to the safety and liability of passt-ngers shall be openly affixed in each passenger car, and in like nianner so often as any change or alteration is made to the same ; and any ci>py of the same, or of any of them, cer- tified as coirect by the President or Srnor in Council, or any person authorized by him, place any Electric Telegraph, and the tipparatus and oi)erators they may have, at the exclusive use of the Government, receiving thereafter reasonable compensation for such service ; (31 V. Can. c. 68, s. 22, sub. 2.) 3. Any further enactments which the Parliament of Canada may hereafter make, for the carriage of the Mail or Her Majesty's Forces, and other persons and articles as aforesaid, or the tolls therefor, or in any way respecting the use of any Electric Telcgra} a or other service t(» be rendered to the Government, shall not be deemed an infringement of the privileges intended to be conferred by this Act ; (31 V. Can. c. 68, s. 22, sub. 4.) 4. (rt) After the opening of the Railway or any part thereof to the public, tual within the first fifteen days after the opening of each Session of Parliament, an account shall be annually submitted to the three branches containing a detailed and particular account, attested upon oath of the President, or in his absence of the Vice-President, of the moneys received and expended by the Company, and a classi- fied statement of the passengers and goods transported by them, with an attested copy of the List annual statement ; (31 V. Can. c. 68, s. 22, sub. 7.) 5. The Company shall annually prepare returns of its capital, traffic, and working expenditure for the last preceding financial year of the Company, in accordance with the form contained in Schedule One {h) to this Act, so far jvs relates to the particulars therein men- tioned, and as to all other details in the forms used by the Company for the information of its shareholders ; and a copy of such return signed by the President or other head officer of the Company resi- dent in Canada, and by the officer of the Company responsible for the correctness of each return or any part thereof, shall be forwarded by the Company to the Minister of Public Works not later than three months after the end of the said financial year ; and /'/ the Company causes its accounts to be made up half-yearly, it shall pre- pare the aforesaid returns of its capital, traffic, and working expendi- ture for the preceding half-year, in accordance with the said Schedule One, and in the same manner and form forward the same to the Minister of Public Works not later than three months after the end of the said half-year ; la) See the six following sub-sectinus. (b) See Appendix li. Northern Ralhoay of Canada. 43 If the Company fails to forward the said returns in accordance PenHlty for with the [trovisions of t\\\-, wection it shall ho liahle to a penalty not "^^f*""- exceeding ten dollars for ay/ary day iUiy to the Minister of Pub- lic Works within seven days from the day in each week to which the said returns shall hiive been prepared ; and another copy of each of such returns, signed by the same officer, shall be posted up by the Company within the same delay, and kept posted up for seven days in some conspicuous place in the most public room in tiie head office of the Company in Canada, and so as the same can be perused by all comers, and free access thereto shall be allowed to all comers dur- ing the usual hours of business at such office on each day of the said seven not being a Sunday or holiday ; And if the Company fails to forward the said weekly return to the Minister of Public Works, or fails to post up and keep posted up a copy thereof as aforesaid, nnd allow free access thereto as aforesaid, it shall be liable to a penalty not exceeding ten dollars for every day dur- ing which any such default continues ; (38 V. Can. c. 25, s. 3.) 7. If any return which is required by the two preceding sub-sections Penalty for of this Act is false in any particular to the knowledge of any person '""'^o return, who signs the same, such pers(Mi shall be liable, on conviction thereof, on indictment to fine and imprisonment, — such fine not to exceed two hundred and fifty dollars ; (38 V. Can. c. 25, s. 4.) 8. The Minister of Public Works shall lay before both Houses of Report to Parliament, within twenty-one o. ysfrom the commencement of each ParliLment Session, the returns made and rendered to him in pursuance of the Jljtit. .^lib-section of this section ; (38 V. Can. c. 25, s, 5.) 9. All returns made in pursuance of any of the provisions of the Kotums to be four 2'ireceding subsections of this section., shall be privileged com- privileged, munications, and shall not be evidence in any Court whatsoever ; (38 V. Can. c. 25, s. G.) U). No further provisions which Parliament may hereafter make porms or de- witli regard to the form or details of such account, or the mode of tails of account atteoting or rendering the .'^ame, shall be deemed nn infringement of ""> ^^. ''■^"^^ the privih'ges hereby granted :o the Company ; (31 V. Can. c. 6S, s. ^ " ""*" ' 22, sub. 8.) 11. Parliament may at any time annul or dissolve the Company ; pHriiament but such dissolution shall not take away or impair any remedy given luay dissolve against the Company, its shareholders, officers or servants, for any ""^ Company. (c) Sue Appcudix li. 44 NoHho')) Rit'ihiHiii of Cduiuhi, liability wliicli Imil been previmisly incurred; (.'U V. Can. c. t)8, » 22, siih. !».) Stvlng of Her I'j. Notliing herein contained siiall affect in any manner the rights rlBhtB'Vo. "^ ^''''' •^'".i''^fy' "r "'^ '^"y l>»'i""«'» or of ii'»y hody politic, corjMirate or eolleiriate, such only excepted as are herein mentioned ; (31 V. Can. c. OS, 8. 22, mil). 10.) Oarriago of muils to tri- butary districts. 13. The ('(iiui)any shall also have power to enter into con- tracts with the PostnuLstcr (jenornl.on belialf of tlie Dominion, for the carriaj^c of mails to any district or territory tributary to its Railway. (3S V. Can. c. (55, s, 58.) tii'ir ni 'rt istin the and the : UONDS AND li()NUUOU)KHS. Loan capital. -| 'pi,^. |,,^„ capital of the Company shall consist of its ex- isting first, second, and third preference bonds. (3H V. Can. c. G5, s. 29,) Rights of bondholders. Register to be kept. New bonds may be issued for redeeming those maturing. 58. All bonds forminj^j part of the loan capital of the Com- pany for the time being, and all cou))ons attached thereto re- spectively, sliall carry the same priorities and the same rights in all other res})ect8 as if this Act had not been pa.ssod, and the Directors shall keep registers in which they shall cause to bo entered all particulars which shall come to their knowledge concerning transfers of any such bonds, or the names and ad- dresses of the holders thereof. (.SM V. Can. c. (!'), s. 80.) •59. The Comi)any may, upon the maturity of any Ixmds forming part of the loan ca])ital of the Company for the time being, rai.sti the .sums required for paying off the matured bonds, or any part of such sums, eithei- out of any funds of the CoraT pany applicable to capital services, whether arising from the issue (jf ordinary stock or arising otherwise, or by issuing, selling or pledging other bonds of the ( \)mpany, beai'ing interest at any rate not exceeding six per cent, per annum, at such price and upon such terms and conditions as the Directors of the Company may think tit ; and the Ixinds upon the security of which any sum required for ])a\'ing (jti' the i-espective matured bonds shall be raised, may, to the amount of the res})eclive matured bonds, but not f\n-ther or otherwise, be so issued as to take the place of and be entitled to the respective privileges and priorities attached to the respective matured bonds fui oi- towards paying off' which such sums rcspeetively shall have been raised, or may be issued with such other privileges ov priorities not limiting, restricting, or pie judicially affecting the rights of holders of then existing bonds, (»• without any pre- ference or priority, as the Directors of the Company shall think lit. (38 V.' Can. c. G.5, s. 31 ) ge'nerlTcoS ^^ ^^ "^^^^^^ ^'^ I'^^^'f"^ f^»»' ^^^ Company to create a gen.Tal solidated Consolidation mortgage upon and over all its pro])erties, i-'al mortgage on and personal, tolls and revenues, and to .secure the .same upon all property of ' ' i Company, Not to exceed amount of bonds maturing. da No like 111 Railway of Qinada, sucli trustH aH to the ( 'ompiiny iniiy Hoeiii expedient, and there- upon to consolichitc into one or more ranks or classes any of the now existing,' Ijonds of the Company, or of the lionds of any other (Company (jr (Companies witli which the ('oni|)any may hereafter bo ainaljfainated, l»y the issue on the security of such ni )rt^'aj?e of ;L,'eneral niort^ayo bonds to the holders of the ex- istinj,' bonds and in t!Xcliaii<,'(^ therefor : I'ldviiled always thiit the {general jnortf^a;^e hereby iiuthori/.ed and the consolidation and issue of the bonds to be made thereupon shall not increase the aggregates bonded debt of the Company beyond the aggre- gate amount at par of all the said existing bonds, and the said mortgage shall provide for the voting powers upon such con- solidated bonds, but the aggregate votes of the consolidated bonds shall not exceed the votes to which the holders of said existing bonds are now entitled: and provided that such con- solidation and exchange be sanctioned and approved by resolu- tions atHrmcd by not less than two-thirds of the separate holders in the amounts of each of the said respective ranks or classes of the said existing bonds, present, m person or hy proxy, at a special mtjeting to V)e held in LonS \. Can. c. Go, s. 33.) 6*4. The holders of any portion of the paid-up stock of the Liability of C..tui.any shall not bo liable to the creditors of the Company, ii*°1t„^j"''*'^" but shall stand towards the < 'ompany and its creditors in the position of holders of fully paid-up shares. (3S V. Can. c. Go, s. 34.) J 46 Noi'thfvu Hitilvuii/ oj (himida. StookholdcM ||]{. rortions of ntofk rn.'iy, by tli«' parties, h»^ Hold and difiposcfl of nooy aiipo«u of |,y iiiKti'iiTiU'nt in writing', to he niiulf in iluplicfttc, one part of winch Hliall Ix' tlfliviTcd to tlic |)iii'rti>i'8, to he (ilcd and kept for the use of , the I'onipanv, and an entry tliereof shall be nuidi^ in a l)ook to be kept for that piirpo.se; provided that it shall not l)e necesHary for transfers to be made in diiiiluate, and if they .shall not be ho inado the tratiHfers ihetnselve.s Hhall l)e dt^livered to the Directorn, to be tiled and kept fur the use of the CJoinpanyund no interest on the .s7 '^' transferred shall be paiil liy the i)iircha.ser until such duplicate m tninsfir is so delivered, hied and entered ; (31 V. Can. c. 08, 8. 17, sub. I , .'18 V. Can. c. C.'), s. 35.) Form of «b1c. 2. SalcH shall be in the form following, varying the names and de.^criptions of tlie contracting parties as the case may re- quire : I, A. 15., in con.jiiiy hIuiII not m boiiiid to 8t'() to thtt apphcation of the inoiiuy pjiid iipoii Niich rccL'iptK ; (31 V. Can. u. GH, h. 17, miiI). 5 ; :\6 V. Can. c. Of), h. X).) a. Tho funds of tho f'ompiuiy .shall not he t-niploycd in tlu' pur- Company not cliaHu of any stock in Us own or unv other Company. (31 \. Can. c. '" '»'«<» "o"!* 08,8. 17, sub. 0) ' lnlu..wnor ' ' ' any other CiimpaDjr. U4. Tho Ojuipiiny mIuiII koep at its ofticos in Toronto, luul oiBoea an.i ill Loudon, En<,'laiuJ, registers of tho holders of preferential oi- 'e«i"t«»«of ordiiniry stock. t'ontainin;jf the lunoiuits I, eld liy them, and tho "'"'""''^* dates of i.ssue, tian.>i(er ov transmission ; and every tiansfer or transmission shall he ro^dstored, which shall ho eoinniiinicated to the Company for that purpose, accompiinied with such evi- dence of title as may be reasomibly retjuired, ami with tho Itayment of a fee of ono d«)llar at Toronto or four shillings in .ondon. (38 V. Can. c. (]5, s. 3(].) as. The said registers shall bo aece.ssiblo for inspection and UoKiitem upon perusal without fee, at all reasonable times, to (ivery b(»nd- ''"^""' '•=«■ holder or ordinary stockholder of the Company. (38 W Can. 0. iio, s. 87.) 6H. The Com|)any sluill deliver to every stockholder a certi- stock cato stating the amount of stock held l>y him, and such eertiti- ''«''tifl?afo. cate sliiill l)e surrendered on the transfer oi' the stock comprised therein en* any poi ion thereof, and a now certiticate, or, as the case may require, new certiticatcs shall be issued. (38 V. Can. c. G.5, s. 38.) 61. The clear j)roHts of tlie Company shall belong to the Dividends of onlinary stockholders, and dividends at a per (;entago rate on <'lcar profit, the stock shall l)e from time to time declared thereout by the general meetings, and bo payable to tho stockholders who shall appear in the Coin|)any's registers at their opening on the morn- ing on the first of January and first of July in each year, im- mediately after which dates certified copies of the said registers .shall be transmitted and exchanged to and from Jjondon and Toronto respectively. (38 V. Can. c. 05, s. 39.) 6M. No dividend .shall be declared whereby the capital of Dividends the Company is in any degree reduced or imi)aired, or shall be •'"lite'l- paid out of such capital. (38 V. Can. c. (!o, s. 40.) GENERAL MEETINUS. 69. General meetings .shall only be convened by the Dlrec- General meet- tors, or by not fewer than ten stockholders, holding together '"*-''; h"" not less than one-fifth part of the stock of the Company, fur '"'"*®°* ' the time being issued, and in the latter case, only after ten stockholders holding such part as aforesaid of the stock of the Con)pany^ shall have reciuired the Directors in writing to con- ..™.- ,j 48 Nortliern Eaihvay oj Canada. n. vene a general meeting for objects expressed in such recjuisi- tion, and the Directors shall have omitted to do so for one calendar month from the receij^t of such requisition, at the office of the Company, either at Toronto or in London. (38 V. Can. c. 65, s. 41.) Notice if in ^0. General meetings to be held in Toronto or London ron°8°° °^ (England) shall be convened by advertisement published in two Toronto or two London daily newspapers, as the case may be, not less than two weeks before the day of meeting, and expressing the objects of the meeting. (38 V. Can. c. 05, s. 42.) Ordinary and 71. The ordinary general meetings shall be held twice a meeti^g^s!"*'^'*' jear, on such days aiul at such places, whether in Canada or in England, as the Directors shall from time to time determine ; and special general meetings shall be held in the first instance at such places, whether in Canada or in England, as the Direc- tors or the stockholders convening the same shall appoint : Provided that any such meeting convened by the Directors on the requ' ition of stockholders shall be held in the first in- stance at such place, if any, s^s shall be specified in the requisi- tion, and any general meeting may be adjourned to such place, whether in the same or in the other country, as the meeting shall determine. (38 V. Can. c. 05, s. 43.) Proyiso. PRESIDENT AND .DIRECTORS — THEIR ELECTION AND DUTIES. duration of office, aovernment 1^. It shall be lawful for the Governor in Council, at any be"apiwinteT- ^^™® ^^^^^' *'^® passing of this Act,(a) to nominate and appoint his powers and one additional Director of the Company, who shall in all things have the same )H)wers as an ordinary Director, but who.se con- currence shall bo necessary to any future expenditure upon new works oi equipment undertaken after such appointment : Provided that such right to .appoint a Government Director, and his right to a seat at the Board, shall subsist only so long as the lien of the Dominion shall remain undischarged by the payment that may be made by the Company under the provi- sions hereinbefore contained. (38 V. Can. c. 23, s. 2.) Corporations 'J'JJ. The Municipal Corporation of the City of Toronto may Simooe^to "ap- annually, on or before the day of the first ordinary general point each meeting of the Company in every year, nominate one of the onea Director, aldermen of the .said City to be a Director of the Company ; and the Municijial Corporation of the County of Simcoe may also annually, on or before the day of the first ordinary genei-al meeting of the Company in every year, nominate one of their councillors to be a Director of the Company, and the said two Directors shall have the .same rights, powers and duties as any Proviso. of the other Directors of the Company : Provided always tliat the said Corporations, so long as they shall nominate a Director under this section, .shall not be entitled to vote as shareholders for the election of Directors at any general meetings of the Com- pany. (38 V. Can. c. 05, s. 44.) (a) Passed 8th April, 1875. Nortliern Railway of Canada. 49 requisi- for one at the (38 V. 741. The number of the Directors of the Company, including Number of the two Directors provided for by the last section hereof, shall ^ireotorg. be twelve, exclusive of any Director to be appointed by the Government under this Act ; and of the Directors three at Where to least shall, and five may be resident in England ; and if the '*' *' whole number of Directors be not twelve at the date when this Act shall come into operation, it shall be filled up to that num- ber by election at the first ordinary general meeting after tliat date. (38 V. Can. c. 65, s. 45.) 15. The annual election of a Board of Directors, other than Annual eiee- tho.se nominated by the said municipalities, shall take place at ''°° the first ordinary general meeting in every year. All retiring ii«-e'igibility. Directors shall be re-eligible if otherwise qualified. (38 V. Can. (-'. 65, 8. 46.) 70. The shareholders and stockliolders{a) may assemble together Sharehoiaers at general meetings tor purposes connected with or belonging to the °**y *^"^'' undertaking, and at any annual general meeting may elect Directors fngg.'" in the manner provided by the next succeeding .section. (6) (31 V. Can. c. 68, .S; 13.) " 77- The Board of Din^ctors of the undertaking to manage its Direotors to be affairs shall be chosen annually by a majority of the shareholders and obosen by stockholders(c) entitled to note at such election, and if such election is ^areholdera. not held on the day appointed, the Directors shall cause such elec- tion to be held within as short a delay as possible after the day ap- pointed ; (31 V. Can. c. 68, s. 14, sub, 1.) 2. No person shall be admitted to vote on such subsequent day ex- If meeting cept those who would have been entitled to vote had the election ^"^^""vote. been held on the day when it ought to have beon held ; (31 V. Can. c. 68, s. 14, sub. 2.) 3. All shareholders, aiid stockliolders{c) whether resident in Caua- Proxies who da or elsewhere, may vote by proxy if they see fit ; but no appoint- ™*„,gj *''' went of a proxy shall he valid unless in favour of a person being himself and at the time of exercising the power of appointment a sJiareholder or ttockJwlder{c) of the Company ; Provided that such proxy produce from his constituent an appointment in writing (which need not he under seal) in the words or to the effect following, that is to say : /, of one of the shareholders or stockholdcrsfc ) po™inen*!' of the Northern Railway Company of Canada, do hereby appoint of to be my proxy, and in ray absence to vote or give my assent to any business, matter or thing relating to the said undertaking that may bo mentioned or proposed at any meeting of tlie shareholders and stockholders(c') of the said Company, or any of them, in such manner as he, the said thinks proper. In witness whereof, I have hereunto set my hand, the day of in the year 18 (31 V. Can. c. 68, s. 14, sub. 7 ; 38 V. Can. c. 63, s. 52.) ((I) III tliiH and the following section the word " shareholders " or " stock- holders " has tit-en inserted in some places for the sake of uniformity. (/i) This .section was not actually incorporated in the Company's Act, but was evidently iiiteudeil so to l)e. See l!8 V. ('an. c. 65, s. .51, (<■) See Note a. 66 Northern Railway of Canada. VoteibyiiToiy 4. The votes by proxy shall be as valid us if the principals had to be >alid. voted in person j and every matter or thing proposed or considered in any public meeting of the shareholders and slockholders((i) shall We determined by the majority of votes and proxies then present, and given by persons entitled to vote or be appointed proxies, and all decisions and acts of any such majority shall bind tlie Company, and be deemed the decisions and acts of the Company ; (31 V.Can. c. 68, s. 14, sub. 8.) Terms of office 5. The Directors appointed at the last election, or those appointed of DireotoH. j^ their stead in case of vacancy, shall remain in office until the next ensuing election of Directors; (31 V. Can. c. 68, s. 14, sub. 9.) President. Term of office. Vioe-Presi- dent- Qnomm. 6. The Directors sliall, at their first or a^ some other meeting after the election, elect one of their number to be the President of the Company, who shall always, when present, ho the chairman of and preside at all meetings of the Directors, and shall hold his office until he ceases to be a Director, or until another President has been elected in his stead ; and they may in like manner elect a Vice-President, who shall act as chairman in the absence of the President ; (31 V. Can. c. 68, s. 14, sub. 11.) 7. The Directors at any meeting at which not less than a quorum are present, shall be competent to use and exercise all and any of the powers vested in them ; (31 V. Can. c. 68, a. 14, sub. 12.) Aots of ma- 8. The act of a majority of a quorum of the Directors present at ♦h"'V'i *""'* ^'^y meeting regularly held, shall be deemed the act of the Directors : tbewnoie. ^^^ ^ ^^^ ^ gg^ ^ ^^^ ^^^ ^^^ Casting vote. 9. No Director shall have more than one vote except the Chairman, who shall, in case of a division of equal numbers, have the casting vote ; (31 V. Can. c. 68, s. 14, sub. 14.) Directorsto be 10. The Directors shall be sulyect to the examination and control of the shareholders and stuckholdcrs^a) at their annual meetings, and be subject to all by-laws of the Company, and to the orders and direc- tions from time to time made at the aimual or special meetings, such orders and directions not being contrary to any express directions or provisions of this Act ; (31 V. Can. c. 68, s. 14, sul). 15.) subject to Shareholders and By-laws. Ofifcers of Company cannot be Directors or contractors. By-laws for management of stock, Ac May appoint offiMrs. 11. No person holding any office, place or employment in or being concerned or interested in any contracts under or with the Company, shall be capable of being chosen a Director, or of holding the office of Director, nor shall any person being a Director of the Company enter into, or be directly or indirectly, for his own use and benefit, interested in any contract with the Company, not relating to the pur- chase of land necessary for the railway, or be or become a partner of any contractor with the Company; (31 V. Can. c. 68, s. 14, sub. 16.) 12. The directors shall make by-laws for the management and disposition of the stock, pi op»Tt y, ousiness and affairs of the Com- pany, not inconsistent with the laws ot Canada, and for the appoint- ment of all officers, servants and artificers, and prescribing their respective duties; (31 V. Can c. 68. s. 14, sub. !7.) 13. The directors shall, from time to time, appoint such officer (a) See note a page 49. ^mihern Railway oj Caiuuia, 51 as they deem requisite, and shall take sufficient security, by one or more penal bonds, or by the guarantee of the European Assurance Society, or of any society incorporated for like purposes, as they may deem expedient or otherwise, from the manager and officers for the time being, for the safe keeping and accounting for by them respectively of the moneys raised by virtue of this Act, and for the faithful execution of their offices, as the directors tliink proper ; (31 V. Can. c. 68, s. 14, sub. 18.) 14. In case of the absence or illness of the president, the vice Vioe-Presi president shall have all the rights and powers of the president, and '^"°' '** *"* "* may sign all notes, bills, debentures and other instruments, and of the Presi- perform all acts which, by the regulations and by-iaws of the Com- tent. pany or by this Act, are required to be signed, performed and done by the president ; (31 V. Can. c. 68. s. 14, sub. 19.) 15. The directors may at any meeting require the secretary to Absence of enter such absence or illness among the proceedings of such meeting, bo ^Itererf'^a^ and a certificate thereof signed by the secretary shall be delivered the minutes, to any person or persons requiring the same on payment to the and certified, treasurer of one dollar, and such certificate sliall be taken and con- *°* sidered as pima facie evidence of such absence or illness, at and during the period in the said certificate mentioned, in all proceedings in courts of justice or otherwise. (31 V. Can. c. 08, s. 14, sub. 20.) 78. Any general meeting may remove a Director, not being Removal of one of those appointed by the said municipal cor{)orations, fining °of*° or the Goveriinient, by a resolution of the intention to pro- vacancies. pose which notice shall have been given in the advertisement convening the meeting, and the same or any other general meeting may elect another Director in the place of the one so removed, and any casual vacancy otherwise occurring either by death, absence or rei^lg nation in the Board of Directors among those not ai)pointed by the said municipal corporations, pyo^jg^ may he filled up by the Directors : Provided that any person chosen under either part of this sectii>n shall retain his office so long only as the vacating Director would have retained the same; but if such appointment be not nude, such death, absence, or resignation shall not invalidate the acts of the re- maining Directors. (31 V. Can. c. (58. s 1 4, sub. 10 ; 38 V. Can. c. 66, s. 47.) 70. The qualification of a Director, other than those appoint- Qualification ed by the said municipal corporations, or by the Government, "*"' Director, shall be the hoMing in his own right, or in right of his wife, of stock or bonds to the amount of two hundred pounds sterling ; and the office of a Director shall be vacated on his ceasing to hold such qualification. (38 V. Can. c. 05, s. 48.) 80. The quorum for any general meeting of the Company (iiiorum »t shall be the presence, either in person or by proxy, of the ""»'»'>gs» holders of stock or l)ondholders entitled to vote to the amount of one hundred thousand pounds sterling. (38 V. Can. c. Go, s. 49.) 62 Northern Railway oj Canada. Right of BoDclho!der8 to TOt«. 81. Every hundred pounds sterling of stock shall entitle the holder thereof to one rote at general meetings. (88 V. Can. c. 65, 8. 50.) to be deemed stookholders for that pur- pose. Certain of them 83. The holders of all outstanding bonds of the Company heretofore entitled to vote, and upon amalgamation of thf Extension Company with the Company under the provisions of this Act, such holdei's of bonds (if any) as may for the time being be entitled to vote and qualify as Directors under the eighty-third section oj this Act shall be deemed to be stock- holders within the meaning of the sixty-ninth, seventy-Jirat, seventy-sixth, seventy-seventh, and eighty-first sections of this Act, the amount of stock deemed to be held by them being equal to the nominal amount of their bonds respectively. f^38 V. Can. c. 65, s. 51.) Rights of bondholders npon default of Company. h 1 Proxies of Directors. Proviso, Meetings of Direntors. Quorum. 83. After the amalgamation oJ the Company and the Exten- sion Corapany, if the Company shall make default in paying the principal or interest of any of the bonds authorized by the Act of the Legislature of the Province of Ontario, thirty-fifth Vic- toria, Chapter forty -three, at the time when the same shall by the terms of the bond become due and payable, then at the next ensuing general annual meeting of the Company, and all subsequent meetings, all holders of bonds so being and remain- ing in default shall, in respect thereof, have and possess the same rights and privileges and qualifications for Directors as would be attached to them as shareholders if they had held fully paid up shares of the Company to a coiTespond- ing amount : Provided, nevertheless, that the right given by this section shall not be exercised by any bondholder unless the bonds in respect of which he shall claim to exercise such rights shall have been first registered in his name in the same manner as is provided by law for the registration of the shares of the Company, and for that purpose the Company shall be bound on demand to register any of the said bonds in the name of the holder thereof, and to register any transfers thereof in the same manner as a transfer of shares; Provided also that the ex- ercise of the rights given by this section shall not take away, limit or restrain any other, of the rights or remedies to which the holders of the said bonds shall be entitled. (35 V. Ont. c. 43, s. 28.) 84. It shall be lawful for. any Director to give, and at his pleasure revoke, a general proxy to any other Director to vote for him at the Board ; but no proxy or power of attorney by which the Director holding it might be obliged to vote in a par- ticular sense on any question shall be permitted. (38 V. Can. c. 65, 3. 53.) 85. The Directors may meet together for the despatch of business, adjourn and otherwise regulate their meetings as they think fit, and determine the quorum necessary for the transac- tion of business. Unless and until the Directors otherwise de- c. NoHhern Railvay oj Canada, 53 termine, the quorum for a meeting of the Board shall be four, present in person or represented by proxy. (38 V. Can. c. 65, 8. 54.) 86. The Board may from time to time appoint anj' Directors Committee ot in England as a committee, of which a majority shall be a B"X'n" '" quorum, and may delegate to such committee all such of its powers as the Board shall from time to time determine. (38 V. Can. c. ()5, s. 55.) 87. The Board may cause a special common seal of the Com- Common seni pany to be made for use in England, and may commit the use °* *" ' of such seal to a committee composed c." Directors being from time to time in England. (38 V. Can. c 65, s. 56.) 88. It shall be lawful for the Board to give and at its plea- Power of at- sure revoke a general proxy or power of attorney under seal of ^'n®? J" the Company, to any Director or to the General Manager for ager, Ac. the time being of the Company, to act in England on behalf of such Board, and for such purjjose to delegate to such Director or General Manager all such of its powers as the said Board may see tit. ('?8 V. Can. c. 05, s. 57.) PHOMISSORY NOTES, WORKING EXPENSES, &;0. 89. The Compan}'^ shall have puwei- to draw, make, accept Company may and endoi"se all bills of exchange niid proniis.sory notes in sums |""""?f **"ufg of not less ohan one hundred dollais, necessary for the carrying Ac., and how.' on of the business of its railways, and the Directors may, from time to time, by instrument iindoi' the seal of the Com- pan}', appoint any agent or agents to umke, draw, accept and endorse such bills and notes on behalf of the Ctmipany, and every such bill or note so made, drawn or accepted or endorsed, shall be binding upon the Com[»any, and in no case shall it be necessary that the seal of the Compan}'^ be affixed to any such bill or note, nor .sl)all the agent making, ilrawing, accepting or endorsing the same on behalf of the Conqiany bo individually responsible therefor ; Provided that nothing in this section ProviRo, .sliall be construed to autliorize the Cinnpany to issue notes or bills of exchange payable to bcai'or, or intended to be circu- lated as money, or as the notes or bills of a bank, (.ta V. C.nn. c. 65, s. 60.) 90. The (Jouqmny may enter into any arrangements with company may any other Railway Company or Companies for the working "»»''« "V^^se- of their railways (jn such terms anil conditions as the Direc- |!ther''c()'m- tors of the several Companies may agree on, or for leasing or panies for hiring from such other Company or Companies any portion purpose?. of their railway, or the use thereof, or for the leasing or hiring any h>comotives or other movable property from such < ora- panies or persons, and generally to make any agreement or agreements with any other Com|)any touching the use by one or the other, or by both Companies, of the railway or rolling 54 Northern Railway of Canada. Proviso. stock of eitlier or both, or any [)art thereof, or touching any service to be rendered by the one Conipnny to the other and the compenaation therefor : and any such agreement shall be valid and binding according to the terms and tenor thereof; Provided that the assent of at least two-thirds of the share- holders present at a general special meeting of the lespective Companies to be called for the purpose shall be first oblained. (38 V. Can. c. 65, s. 61.) vrorking «xpenge8. of outlay* ma ^'' '^^^ Company shall pay, as working expenses, in be paid as priority to any payment of principal or interest on any bonds forming part of the loan capital of the Company other than any interest already made, a charge in the nature of a rental upon the earnings of any railway of the Company, which interest is still to be recogMi.-ed and included in the working expenses of the railway upon the earnings of which tlie same is charged, the expenses ft-llowing, that is to say, all ex|)en8ea of maintenance of its raihvay.s, and of its stations, sidings, buildings, work.s, warehouses, elevators, appliances and con- veniences belonging thereto, and of the rolling and other stock and movable plant used in the working of its railways, and also such rents or annual sums as may be paid in respect of warehouses, wharves, or other propeity, including land leased to or held hy the Company, and also all exf^enses of and incident to working the railways of the Company, and the traffic thereon, including stores or consumable articles ; also, rates, taxes, insui'ance and compensation for accidents or losses : also all salaries and wages of persons employed in or about or for the working of the said railways and traffic, and all secretarial and establishment expenses, including Directors' fees, agency, legal and all other incidental working expenses whatsoever ; Provided always, that nothing herein contained ^*^'°8."gh»« shall limit, restrict, or i)rejudicially affiict the rights of any bondholders, holders of bonds charged upon any separate part of the under- taking of the Company. (38 V. Can. c. 6-5,8. 62.) Proviso. H. M. vessels free from toll at Harbours, KuDninL'- powers grant- ed to Midliiud and GriiDd JunotioD Railway Onm- panieB on cer- tain condi- tions ; com • pensatioD, hov settled if not agreed upon. 99. All ships and vessels owned by or belonging to, or in the use of Her Majesty, or the Government of the Dominion, shall from time to time have free access and privilege of occu- pancy and sheltering under, and using the ))rivileges, safeties, vrharves and dry-docks or railways forming part of the Com- pany's undertaking, under the fourth and tifth heads of the thirty-third section hereof, free of all tolls or duties whatso- ever. (38 V. Can. c. 65, s. 63.) 951. Upon the opening for traffic of any line of Railway ex- tending northwards from Gravonhurst for the purpose of es- tablishing a connection with the Pacific Railway or the Georgian Bay branch thereof, the Company shall grant through running powers over its line as far as Gravenhurst to the Mid- land Railway and to the Grand Junction Railway Company, , from the point of intersection of the Midland Railway, at or near Atherley, for the benefit of the said respective Companies Northern Railway of Canada. 56 and for the working of their through traffic from ami to all points south of such point of intersection ; Provided that such running powers shall not include any right to the said respec- tive Companies, or either of them, to engage or |)articipate in or to operate upon or over the line of the Company, any local traffic served by, collected at, or belonging to the places at or for which the Com[)any shall have established stations on any part of the line of the < onipany, including Atherley and Gravenhurst ; and provided also, that the terms and conditions of such running {)owers, and the tolls and compensations to be paid for the same, shall be mutually agreed upon between the Company and each of the oth.er C()m|)anies respectively, and in the event of disagreement, such terms and conditions, tolls and compensations, shall be settled by three arbitrators, one arbitrator to lie appointed by each Company, and the third by the Governor-General in Council, and the award in writing of such arbitrators, or of the majority of them, shall be binding upon the said Companies : and provided also that this Act ProvUo. shall not prejudice or interfere with any running powers to which any Railway Company may now be entitled under any Order in Council made by the Lieutenant-Governor of Ontario. (38 V. Can. c. 65, s. 64.) 94. Nothing herein contained shall be construed to exempt Company «ab the Company or its undertaking from the provisions of any i'Mn/lot general Act relating to Railways which may be passed during the present or any future session of Parliament. (38 V. Can. c. 65, s. 65. ) ^ THE RAILWAY COMMITTKE. 95. The Governor -General may, from time to time, appoint such Railway members of the Privy Council, to the number of four at least, as he ^?"'* "'^ ^"™' may see fit, to constitute the Railway Committee of the Privy Coun- tmed, cil, and such Committee shall have the powers and perform the duties ouUes. assigned to them by this Act. (31 V. Can. c. 68, s. 23.) OO. The Railway Committee shall appoint one of its members to May appoint a be Chairman, and the Deputy of the Minister of Public Works or ^ g*j™?° *°* some other fit person appointed by the Committee shall be the Secre- * *°'* "^' tary of the Committee. (31 V. Can. c. 68, s. 24.) 9T. The Company shall not open any Railway or portion of any Railway not to Railway for the public conveyance of passengers until one month ^^, op«ned till after notice in writing of the intention to open the same has been ^on'th'g notice given by the Company to the Railway Committee, and until ten days to Railway after notice in writing has been given by the Company to the Rail- Committee of way Committee of the time when the Railway or portion of Rail- o°p'on thTsame. way will be, in the opinion of the Company, sufficiently completed for tlie safe conveyance of passengers, and ready for inspection. (31 V. Can. c. 68, s. 25.) 9H. If the Company opens any Railway or portion of a Railway Penalty for without such notices, the Company shall forfeit to Her Majesty the o"ntr«'f««ition 66 Northern Railway of Canad„„ ffioeer to oxa- gineer i mine the inspect any railway or works, may at all reasonable times, upon - . .. J • 1 • ii • •/. • 1 "^ 1 1 • 1 mine the producing \\u authority it required, enter upon and examine the said works, Jk«. railway and stations, fences or gates, road crossings, cattle guards, works and buildings, and the engines, cars and carriages belonging thereto. (31 V. Can. c. t5«, s. 33.) 106. The Vompany and the Officers and Directors thereof shall Compimy to afford to the Inspecting Engineer or Engineers such information as *f^gary infor- may be within their knowledge anrl power in all matters inquired mation to into by them, and shall submit to such Inspecting Engineer or Engineer. Engineers all plans, specifications, drawings and documents relating to the construction, repair or state of repair of such railway or any portion thereof, whether a bridge, culvert or other part ; (31V. Can. c. 68, s. 34, sub. 1.) 2. Any such Inspecting Engineer shall have the right, whilst Engineer to engaged in the business of such inspection, to travel without charge hy Company, on any of the ordinary trains running on the Railway, and to use the telegraph wires and machinery in the offices of or under the con- trol of the Company; (31 V. Can. c. 68, s. 34, .sub. 2.) 3. The operators oi' officers employed in the telegraph offices of or Telegraph under the control of the Company, shall, without unnecessary delay, °P"*^"j" '" obey all orders of any such Inspecting Engineer for transmitting orders messages, and any such operator or officer refusing or neglecting so to do, shall forfeit for every such oflence the sum of forty dollars ; (31 V. Can. c. 68, s. 34, sub. 3.) 4. Th" authority of any such Inspecting Engineer shall be suffici- Proof ot bi» ently ev. enced by instructions in writing, signed by the Chairman ""'''"'"y- of the Railway Committee and countersigned by the Secretary there- of. (31 V. Can. c. 68, s. 34, sub. 4.) 58 Northeiii Raihvay oj Canada. QoTernor may order perma- nent bridgi'K to bfl lubstitu- tfld for mov- able bridgOH. Penaltyfor neglect. respect to oroBsing pub- lic bighwaye, on a level. 107- The (lovomor in Council, ujwn the Report of thi* Railway Committee, may iinthorize or ru(iuiro the Company to fonfltniot fixed and j>ermanent bridges or to substitute such briil>,'»'.s in the place of the awing, draw or movable bridges on the line ot" /he liail- way, within such time as the Governor in Council directs ; and for every day after tlio period so fixed during wliich the Company uses such swing, draw or movable bridges, the Company shall forfeit and pay to Her Majesty the sum of two hundred dollars ; and it shall not be lawful for the Company to substitute any swing, draw or movable bridge in the place or stead of any fixed or permaueut bridge already built and constructed without tlie previous consent of the Railway Committee. (.Jl V. Can. c. (58, -s. 35.) Certain poworg |08- In any case where the Railway is constructed or authorized Railway Com- *'*' ^ ''*^"^''"'"^'''''^' '^'^'■"^** any turnpike road, stieet or other public mittee with highway, on the level, the Railway Committee, if it appears to them necessary for the public safety, may, with tlie sanction of the Gov- ernor in Council, authorize and require the Companji, within such time as the said Committee directs, to carry such road, street or highway either over or under the said Railway, by means of a bridge or arch, instead of crossing the same on the level, or to execute such other works as umler the circumstances of the case appear to the said Committee the best adapted for removing or diminishing the danger arising from such level crossing ; and all the provisions of law at any such time applicable to the taking of land by tlie Com- pany and its valuation and conveyance to it, and to the compensation therefor, shall apply to the case of any land requireil for the con- struction of any works for effecting the alteration of such level crossing. (31 V. Can. c. t)8, s. 36.) 109. Whenever any level crossing on any Railway of the Com- pany shall 'oe out of repair, the Chief Officer of tiie Municipality, or other local division, having jurisdiction over the Railway so crossed, may serve a notice upon the Company in the usual manner, requir- ing the repair to l>e forthwith made ; and if the Company shall not forthwith make the saine, such officer may transmit a copy of the notice .so served to the Secretary of the Railway Committee ; and thereupon it shall be the duty of the Committee, with all possible despatch, to appoint a day for an examination into the matter ; and shall, by mail, give notice to such Chief Officer, and to the Company, of the day so fixe««• /wn;/ shall forfeit to Her Majestv the sum of two thousand dollars. (.nV. Can. c. 68, s. M.) 111. The Coiiipavy shall, as soon as possible, and at least within Notice of ao- forty-eight hours after the occurrence ujion the Railway belonging <''^''""'°'" to the Company of any accident attended with serious personal in- committee.* jury to any person using the same, or whereby any bridge, culvert, viaduct or tunnel on orof the Railway has been broken or so damaged as to be imjtassable or unfit for immediate use, give notice thereof to the Railway Committee ; and if the Comjmni/ wilfully omits to give such notice the Compaiiij shall forfeit to Her Majesty the sum of two hundred dollars for every day during which the omission to give the same continues. (31 V. Can. c. 68, s. 39.) \\*i- No in.spettion had under tliiii Act nor anything in this Act Inspeetion no contained or done or ordered or omitted to be done or ordered under |^' relieve or by virtue of the piovisions of this Act, shall relieve or be con- (rom''nabiiity. strued to relieve the Conipimy, of or from any liability or responsi- bility resting upon it by law, either towards Her Majesty or towards any person, or the wife or husband, parent or child, executor or ad- ministrator, tutor or curator, heir or other personal representative of any person for anything done or omitted to be done by the Compain/, or for any wrongful act, neglect or default, misfeasance, malfeasance or nonfeasance, of the Company, or in any manner or way to lessen such liability or responsil)ility, or in any way to wearen or diminish the liability or responsibility of itii' Conipuny under the laws in force in tb(^ Province in which such liability or responsibility arises. (31 V. Can. c. 68, s. 40.) 113. The Oompany shall, as soon as possible after the receipt Company to of any order or notice of the Railway Committee or Inspecting "1'^^^ "/f*". T-i • • , !• 1 p • n. 1 ''» ooard to its Engineer, give cognizance thereof to each 01 its oilicers and servants, offluurs, 4o. in one or more of the ways mentioned in the one hundred and ninth section of this Act. (31 V. Can. c. 68. s. 41.) cient notiee thereof. 114. All orders of the Railway Committee shall be considered as What to be made known to tJie Company by a notice thereof signed by the f serious accidents occurring in the course of the public traffic upon the KaiUvay belonging to the Company, whether attended with personal injuiy or iu»t, in such form and manner as the Committee deem necessary aiul require for their information with a view to the public saf.ty. (31 V. Can. c. 68, s. 44.) ' Peiiilty for I IT. If 8U''h returns SO verified be lujt delivered within the res- neglect. p(>ctive times herein prescribed, or within fourteen days after the ■ same have been so required by the Committee, the Company shall forfeit to Her Majesty the sum of one liuiidied doUais for every day during which the Company m^glects to deliver the same. (31 V. Can. c. 68, s. 45.) Such returns to be privi- leged commu- nicatinnn. 118. AH such returns shall be privilegetl communications, and i;dl n " s. 46.) to be privi- q\\:\\\ not be evidence in any Court whatsoever. (31 V. Can. c. 6b, TKAFFK • A Kit A NliKM KNTS. The Company may agree with other Comp miea respoi'ting triffic. 119. The Directors of the Cmnpuni/ may, at any time, make agreements or arrangements with any other Company, either in Canada or elsewhere, for the rei;ulatit>n and ii\terchange of traffic passing to and from their Uailways, and for tlie working of the tniffic ovf the said Kailways respectively, or for either of those objects separately, and for the division and apportionment of tolls, rates and charges in respect of such traffic, and generally in relation to the management and working of tlu; Uailway.-^. oi' any of them, or any part thereof, and of any Railway or Railways in connection there- with, for any term not exceeding twenty-one years, and to provide, either by proxy or otherwise, for the appointment of a Joint Com- mittee or Committees for the better carrying into effect any such agreement or arrangement, with such powers and functions as may be considered necessary or expedient, subject to the consent of two- thirds of the Stockholders voting in person or by proxy ; (31 V. Can. c. 68, s. 48, sub. 1.) N(rrtli^,rn Raihiuiy of Canada, 2. But (ivjiry Kuilwny ('ompniiy Hhall, according t<> their resppc- live pow«rH, afford all reuminaldo faciliticH to any other liailway ' 'ompany, for the receiving and forwarding ami delivering of traffic u|)on, and from the Huveral Kailwaya belonging to or worked hy fiuch CompanieH rcHpectivoly, and f<»r the return of carriagen, tnickH :nid other vehicleH ; and no Company Hhall give or continue any pre- ference or advantage to, or in favour of any particular ('ompany, or any particidar description of trattic, in any renpect wliatHoever, nor shall any Company subject any particular Company or any particu- lar description of traffic, to any pr 'judice or disadvantage in any re- spect whatsoever ; and every KaiUay ('ompany having or w(trking a Railway which forms part of a continuous litu* of Railway, or which intersects any other Railway, or A'hich has any terminus, sta- tion or wharf of the one near any terminus, station or wharf of the other, shall afford all reasonable facilities for receiving and forward- ing by the one Railway all the traffic arriving by the other, without any unreasonable ilelay, and without any preference or advantage, or prejudice or disadvantage, and so that no obstruction may be offered in the uoing of such liailway as a continuous line of communication, and so that III! reiisoiuible accommodation may, at all times, by the means aforesaid, be mutually afforded by aiul to the said Railway '.Companies ; and any agreement made between any two or more Railway Companies, contrary to the foregoing provisions, shidl be un- lawful, null and void ; (31 Can. c. ()t<, s. 48, sub. 2.) 01 R«ltir»7 Oom- pADiul inudt afTnril «iiob other evary f»- nlllty (or tb« fi).-'varHi/;t»// shall «')< ci'ne any obstnictior in or impede Not to impodo the free navigation of any river, stream or canal to or across or along n«vigation. which their Railway is carried. (31 V. Can. c. 68, s. 54.) I3(J. If the Railway be carried .across any navigable river or Railways canal, the Company shall leave openings between tiu) al};itments or crossing piers of their bridge or viaduct over the same, and shall make the Jogulated." same of such clear helgiit above the surtace of the water, or shall construct such draw bridge or swing bridge over the cliannel of the river, or over the whole width of tlie canal, and shall l)e subject to such regulations as to the opening of such swing bridge or draw liridge as the Governor in Couiicil from time to time makes. (31 V. Can. c. 68, s. 55.) ViH. It shall not be lawful ' ir the Coinixiiii/ to construct any Plans to be wharf, bridge, pier or other work upon ov over any navigable river, submitted to like or canal, or upon the beach or Ir^.l o)' lands covered with the in^Coundh'"^ waters thereof, until they have first submitted the plan and proposed !. In all cases where the Railway passes any draw or swing When a Rail- bridge over a navigable river, canal or stream which is subject to "ay passu' be opened for tiu! i>urposes of navigation, the trains shall in every bri*!] VTtc.^ case l)e stopped at least three; minutes, to ascertain I'rom the Bridge train to stop Temler that the said In-idge is closed and in perfect order for passing, f^f throe and ill default of so stopping during the full period of three minutes ""°"'^^ the Company shall be suliject to a fine or penalty of four Imndred dollars. (31 V. Can. c. 68, s. 58.) 130- The Company shall provide and cause to be used in and Comp.i^iy to upon its passenger trains such known apparatus and arrau'^ements use the best as best aiford good and sufficient means of immediate connnunica- eou^'„u"fj.*'"^ 66 Northern Railway of Canada. t'on between tiou between the conductors and the engine-drivers of such trains 'jonduotors while the trains are in motion, and good and sufficient means of Sivors^and a^Pply^'g ^Y the power of the steam engine or otherwise at the for stopping or will of the engine-driver, or other person appointed to such duty, diBconneeUng the brakes to the wheels of the locomotive or tender, or both, or seats in cms, of all or any of the cars or carriages composing the trains, and Ac. of disconnecting the locomotive, tender, and cars or carriages from each other by any such power or means, and also such apparatus and arrangements as best and most securely place and fix the seats or chairs in the cars or carriages, and shall alter such ap- paratus and arrangements or supply new appaiatus and arrange- ments from time to time as the Railway Committee may order. (31 V. Can.c. 68, s. 59.) ^ I Penalty for 131- If (lie Company fails to comply with any of the provisions not complying contained in the next preceding section of this Act, // shall forfeit to Her Majesty a sum not exceeding two hundred dollars for every day during which such default continues. (31 V. Can. c. 68, s. 60.) with the last section. Further pre- caution at level cross- ings. 133. Every Railway (Company shall station an officer at every point on their line crossed on a level by any other Railway, and no train shall procei'd over such crossing until signal has been made to the conductor thereof that the way is clear. (31 V. Can. c. 68, s. 61.) Further pre- ISJJ. Every locomotive or Railway engine or train of cars, on cautwDs jyhen ^^^^ Railway, shall, before it crosses the track of any other Rail- croBsos ano- way on a level, be stopped for at least the space ot one minute, theronalevel, (31 V. Can. c. <:^^, S. 62.) Or runs 134. No locomotive or Railway engine shall pass in or through tn^n '^ A^ *''y» any thickly peopled portion of any City, Town or Village at a speed greater than six miles per hour, urdess the track is properly fenced. (31 V. Can. c. 68, s. 63.) town, ite. Or moves reversely. 135- AVhenever any train of cars is moving reversely in any City, Town or Village, the locomotive being in the rear, the Company shall station on the last tar in the train a person who shall warn parties standing on or crossing the track of such Rail- way, of the approadi of such train ; and tor any coiiiravcntion of the provisions of this and the three next preceding sections the Company shall incur a penalty of one hundrtid dollars. (31 V. Can. c. 68, s. 64.) fe^s'toTsr' l'*^- ^f ^^^^ Railway Committee orders the Company to erect at toot-bridge, if or near or in lieu of any level crossing of a turnpike road, or other provided for public highway, a foot-bridge ur foot-bridges over its Raiiw.ay for at Lvef^'**' the purpose of enabling persons passing on toot along such turnpike crossings. road or public highway to cross the Railway by means of such l)ridge or bridges, then, from and after the completion (jf such foot- bridge or foot bridges so required to be eivcttd, and while the Com- pany keeps the same in good and Hiitlicicnt repair, such level crossing shall not be used by foot jiassengiTs on the said tiuiipiku road or public highway, except during the time when the same is used for the passage of carriages, carts, horses or cattle along the said road. (31 V. Can. c. 68,s. 6.3.) Northern Railway of Canada. d7 such train» means of ise at the such duty, both, or rains, and riages from apparatus nd flx the such ap- d arrange- nay order. provisions mil forfeit ■s for every 68, s. 60.) r at every 'ay, and no en made to 68,s. 61.) )f cars, on other Eail- ne minute. or through ''illage at a ; is properly sely in any i rear, the lerson who such Rail- ivcntioii of actions the :s. (31 V. to erect at d, or other {aihvay for ;h turnpike lis of such ' such foot- le the C'oui- ve\ crossing ke road or is used for said road. tat- No horses, sheep, swine or other cattle shall be permitted No orUIb to to be at large upon any highway within a half mile of the intersec- be^l'l^^e o* tion of such highway with any Railway on grade, unless such cattle any highway" are in charge of some person or persons to prevent their loitering or within half a stopping on such highway at such intersection. (31 V. Can. c. 68, ?»leofany 8. 66.) Hallway. 15J8. All cattle found at large in contravention of the last pre- Such cattle ceding section may, by any person finding the same at large, be im- ™*y j^i™" pounded in the nearest })ound to the place where the same are so *' "" * * found, and the pound-keeper with whom the same are so impounded shall detain the same in the like manner, and subject to the like re- gulations as to the care and disposal thereof, as in the case of cattle impounded for trespass on private property. (31 V. Can. c. 68, s. 139. No person, any of whose cattle being at large, contrary to if killed owner the provisions of section one hundred and thirty-seven, are killed by °ot entitled to any train at such point of intersection, shall have any action against *°^ aot'O". any Railway Company in respect to the same being so killed. (31 V. Can. c. 68, s. 68.) 140. At every road and farm crossing on the grade of the Rail- Crossings to way, the crossing should be sufficiently fenced on both sides so as to ^^ fenced, allow the safe passage of the trains. (31 V. Can. c. 68. s. 69.) 141. The Company shall cause all thistles and other noxious Ground be- weeds growing on the cleared land or ground adjoining the Rail- longing to iho way and belonging to the Copipany to be cut down and kept con- be'ckared'of stantly cut down or to be rooted out of the same. (31 V. Can. c. weeds, 4o. 68, s.'70.) 14/4. If the Company fails to comply with the requirements of Consequences the last preceding section within twenty days after they have been ^|°™'"'°* '" required to comply with t\w. same, by notice from the Mayor, Reeve or Chief Officer of the Municipality of the Township, County or District in which the land oi' ground lies, or from any Justice of the Peace therein, the Company shall thereby incur a penalty o*' two dollars to the use of the Municipality, for each day during which they neglect to do anything which they are lawfully re(]iiired to do by such notice, and the said Mayor, Reeve or Officer or Justice of the Peace may cause all things to be done which tlie Conipany were lawfrdly re([uired to do by such notice, ami for that pur[)ose may enter by himself and his assistants or workmen upon such lands or grounds, ami may recover the expenses and chari^es incurred in so doing, and the said [tenalty with costs of suit, in any Court having jurisdiction ii. civil cases to the amount sought to be recovered. (31 "v. Can. c. 68, s. 71.) 143. The interest of the purcliase money or rent of any real pro- Interest of Dertv accfuired or leas(Ml by th'- ('')iiipanii, and necessary to tlie effi- l'"'' '''*'" ™o- '.•'', (. 1 71 1 I ..1 • 1 1' "ev (ir rent of cient working of the Railway, and the price or i)urcliase money ot ,,^1 pp.porty any real property or thing, without which fhr Railway could not to b> deemed be efficiently worked, shall be considered to Ik part of the expenses workinj; ex- of working the Railway, and shall be paid as such out of the earn- l"®*"""' ings of tho Company ; (31 V. Can. c. 6S, s. 72, sub. 1.) 68 Northern Railway 0/ Canada. PENAL CLAUSES. Penalty on porei'DS dam- aging Rail- way. • i Penalty on 144- Every person who, by any means or in any manner or way persons «b- whatsoever, obstrncts or interrupts the free use of the Railway, or uee^of Rail'** the carriages, vessels, engines or other works incidente an aggi'avation of the offence, and shall render the offence a felony, and sliall subject the offender to punishment by imprisonment in the Penitentiary for two years, or iu any other prison or place of continement for any period exceeding one year and less than two years. (31 V. Can. c. ()8, s. 73.) Acd i: .iny 140- If any person wilfully and inaiiciousiy displaces or removes person be ^ny liailway switch or rail of tlu' Railway, ' or breaks down, rips killed or his •' • . • , . ,, ., . I I. .| 1 •! -• * life b«> list "P> injures or destroys any Kail«'av track or Rauway bridge or fence tie offence to of the Railway or any portion thereof, or |)!aces any obslriiction be man- whatever on any such rail or Railway track or bridge, or does or causes to be done any act whatever wheniby any engine, niacliine or structure, or any matter or thing appertaining thereto is stopped, 1 f the offence be a felony. Punishment of persons doing any thing to Railway with intent to injure persons or property. An 1 if su :h . daoinge be ac tuiUy done. slaughter. tier or way lailway, or or relative demeanor, lent in the ction takes ntiary, for years ; (31 rejuJice of roying the ns, depots, devices in- doing any bstructing )rks, or ob Icting, sup- s, shall be i amounts, lO such ])er- t'ore whom to be i)Uii- [• felony, as in force in or removes down, rips Igt; or fence obstruction with intent r along thi be guilty of with hard !i in which ::eeding one of sue 1 1 act r and along ly prop.Tty sutfering or render the ishment by I any other ne year and or removes down, rips Ige or fence ubsir;'.ction , or does oi' machine or is stopped, Northern Railway oj Canada. 69 obstructed, impaired, weakened, injured or destroyed, with intent thereby to injure any person or property passing over or along the Railway, and if in consequence thereof any person be killed or his life be lost, such person so offending shall be guilty of manslaughter, and being found guilty, shall be punished by imprisonment in the Punishment. Penitentiary for any period not more than ten nor less than four years, (31 "V. Can. c. 08, s. 74.) 147. If any person wilfully and maliciously does or causes to be Committing done any act whatever whereby any building, fence, construction or ""^ '"l"'^'* work of the Railway, or any engine, machint! or structure of the \„ be a'miade- Railway or any matter or thing appertaining to the same is stopped, ob- meaner, structed, impaired, weakened, injured or destroyed, the person so offending shall be guilty of a misdemeanor, and be punished by im prisonment with hard labour not exceerling one year in the common gaol of the Territorial Division in which the offence was committed or has been tried. (31 V. Can. c. 68, s. 7^.) 148. Every person who bores, pierces, cuts, opens, or otherwise Punishment injures any cask, box or package, containing wine, spirits or other "'^ P*"""' ^ r 1 '^ 1 ° ," 11 c 1 ■ boring Of cut- iiquors, or any case, box, sack, vt^rapper, package or roll of goods, in, ting caska or on or about any car, waggon, boat, vessel, warehouse, station-house, pacliages on wharf, quay or premises of or belonging to tJie Company, with intent l^^'l^ay. feloniously to steal or otherwise unlawfully to obtain or to injure the contents, or any part thereof, or who unlawfully drinks, or wilfully spills or allows to run to waste, any such liquors, or any part there- of, shall, for every such offence, be liable, on summar- conviction before one or more Justices of the Peace, to a penalt . lot more than twenty dollars, over and above the value of the goods or liquors so taken or destroyed, or to imprisonment, with or without hard labour, for not more than one month. (31 V. Can. c. 68, s. 76.) 149. Every person wilfully obstructing any Inspecting Engineer Punishment in the execution of his duty shall, on conviction before a Justice of "^'^P*"""* "''" the Peace having jurisdiction in the place where the offence has spMtors in the been committed, forfeit and pay for every such offence any sum not execution o< exceeding forty dollars, and in default of payment of any penalty ^''"' *'"'y- so adjudged, immediately, or within such time as the said Justice of the Peace appoints, the same Justice, or any other Justice havin^ij jurisdiction in the place where the offender resides, may commit tht offender to prison for any period not exceeding three months , but such commitment shall be determined on payment of the amount of the penalty ; and every such penalty shall be returned to the next ensuing Court of General or of Quarter Sessions in the usual manner. (31 V. Can. c. 68, s. 77.) 150. If any officer or servant of, or person employed by the Com- Punishment pany, wilfully or negligently contravenes any By-law or regulation '^f officers, 4o. of the Company lawfully made and in force, or any Order or Notice By-law?, Jkof of the Railway Committee, or of the Inspecting Engineer or En- gineers, of which a copy has been delivered to him, or has been posted up or open to his inspection in some place where his work or his duties, or any of them, are to be performed, then if such con- travention causes injury to any property or to any person, or exposes any property or any person to the risk of injury, or renders such risk greater than it would have been without such contravention, al- though n(j actual injury occurs, such contravention shall be a mis- pemeanor, and the person convicted thereof shall, in the discretion f! I H-l 70 Penalty in oertain oases, and how re- covered. Northern Maihvay of Canada. of the Court bet'Die wliom the conviction is had, and according as such Court considers the offence proved to be mom or less grave, or the injury or risk of injury to person or property to be more or less great, be punished by fine or imprisonment, or both, so as no such fine exceeds four hundred dollars, nor any such imprisonment the term of five years ; aiul such imprisonment, if for over two years, shall be in the Penitentiary. (31 V. Can. c. 08, s. 78.) 151. If such contravention does not cause injury t'j any property or person, nor expose any person or property to the risk of injury, nor make such risk greater than it would havo been without such con- travention, then the officer, seivant or other person guilty thereof, shall thereby incur a penalty not exceeding the amount of thirty day's pay, nor less than fifteen days' pay of the offender from the Company, in the discretion of the Justice of the Peace before whom the conviction is had ; and such penalty shall be recoverable with costs before any one Justice of the Peace having jurisdiction where the offence has been committed, or where the offender is found, on the oath of one credible witness other than the informer. (31 V. Can. c. 68, s. 79.) Application of. t&H- One moiety of such penalty shall belong to Her Majesty for the public uses of Canada, and the other moiety to the informer, un- less he be an officer or servant of, or persoii in the employ of the Company, in which case he shall be a competent witness, and the whole penalty shdl belong to Her Majesty for the uses aforesaid. (31 V. Can. c. 68, s. 80.) The Company 153- The Company may in all cases, under the three nextpreced- n*t ^"nd d*' ^"^ sections, pay the amount of the penalty and costs, and recover duct from the same from the offender or deduct it from his salary or pay. (31 wages. V. Can. c. 68, s. 81.) APPLICATION OF PENALTIES. Uow penalties 154. All penalties recovered under this Act, in respect to the ap- recovered and plication of which no other provision is made, shall be paid to the app >e • Keceiver General of Canada to the credit of the " Railway Inspection Fund." (31 V. Can. c. 68, s. 82.) RAILWAY FUND. Railway In- 155. The Company shall so soon as any portion thereof is in use, spection Fund, pay to the Receiver General an annual rate to be fixed by the Rail- way Committee, not exceeding ten dollars per mile of Railway con- structed a!id in use ; such rate to be paid half-yearly on the first days of January and July in each year, and to form a special fund for the purposes of this Act, to be called " The Railway Inspection Fund." (31 V. Can. c. 68, s. 83.) CERTAIN SECTIONS LIMITED. What the word " Com- pany" shall include. 156. In the construction of the provisions of this Act, from and including section ninety-five, the expression " liailway Company " or " Company " shall include any person being the owner or lessee of or a contractor working any railway constructed or carried on under the powers of this Act. (31 V. Can, c. 68, s. 84.) t; Northern Railway of Canada. 71 APPENDIX " A." The section in the Act of the Extension Company (35 V. Ont. c. 43, 8. 25) authorizing and limiting the issue of bonds, reads as follows : Upon the union of the said "ompanies, as hereinafter pro- i«sue of new vided, and subject to the conditions hereinafter contained, it bond>. shall be lawful for the New Company to issue bonds, to any amount not exceeding in the aggregate three hundred and forty thousand pounds sterling or its equivalent, at such exchange as the Directors of the Company shall fix, in any other currency ; which bonds shall be under the seal of the New Company, signed by its President or other presiding officer and counter- signed by its Secretary, and may be payable in such money or moneys, at such times, in such manner, and at such place or pin; ', in this Province or elsewhere, and bearing such rate of inte .3st j the Directors of the New Company shall think fit ; P -^vidcii -hat the aggregate amount of such bonds, guaranteed 01 >jnguaranteed, issued at any time shall not excv.ed twelve thousand dollars for each mile of the said railway constructed or • ider contract for construction at the time of such issue, and provided also that the aggregate amount of such bonds as Tiay be issued without the guarantee of interest by the North- ern Railway Company unrler the said leases, shall at no time ex- ceed the amount of the paid-up insttilments on the share capital of the New Company, together with the amount of paid muni- cipal and othei' bonuses or subsidies ; and the Directors of the New Company shall have power to issue and sell or pledge all or any of the said bonds at such price and upon such terms and conditions as they may think fit for the purpose of raising money for prosecuting the said undertaking. The amalgamation provided for by sections 17-29 having been effected, these bonds now form a portion of the loan capital of the Company. APPENDIX " B." SCHEDULE ONE. Return, in pursuance of Chapter twenty-Jive of the Statutes passed by the Parliament of the Dominion of Canada in the thirty-eighth year oj Her present Majesty, by the Northern Maihvay Company o/ Canadk of its authorized Sbare and Loan Capital, and the sums received in respect of its Ordinary Capital and Preferential Capital, and Deben- ture Stock, or Funded Debt, on the 31st December, 18 , specifying the rate per cent, of the Dividends for the year 18 on each of the said Capitals, showing also the Loans outstanding on the 31st Decem- ber, 18 , classified according to the several rates per cent, of interest, W'-'i I ! P 1 I 72 Northern Rnibvay of Canada. and the Capital subscribed to other undertakings, whether such un- dertakings are on Lease to, or worked by, the subscribing Company, or are independent. Northern Railway Company of Canada. * Authorized Capital up to the Slot DeceniDer, 18 , in- eluding Capital authorized aa HuuHcriptionB to other underi;akingfi, whether fluch undertakings are on lease to, or worked by, the subscribing ('ompauy, or are independent. tUy ShareH. By Loans. Total. Paid up Stock and Share Capital at .'Ust De- cember, 18 , including HuoscriptionH paid up to other undertakings. 5 i1 ^ |g is I Is a 3 ^1 ^ 1.1 ■ ■5 "Is 111 H Capital raised by Loans and Debenture Stock at ^ilst December, 18 , i 1 IM a c S a s a M ^ M s J O JJ % .s ^ ++ 1 9 .SSgQ i 3 i O4 G a ta t B Pi Note. — This Return should be dated and signed by the officer or officers of the company responsible for its correctness, •This should include all capital authorized to be raised by Acts of Parliament, or by Pro- vincial Legislatures, but shoulcl not include capital authorized only for purposes which have lapsed by abandonment or otherwise. + In cases where a subscription is authorized out of existing capital, no addition should be made in respect of it to the sum entered in this column, but only to the sum entered in the last column. t Care should be taken not to confound debenture stock with ordinary debenture loans, ."nd not to enter the same sum under both heads. Huch uii- I'cimpany, lit ;nHt De- iptionH paid ■^3 • •v ■i S-* a i. aO . 3 S.K1S o-d 111 « Northet'n Railway of Canada, SCHEDULE TWO, Northern Railway Company of Canada. Return of Tmffic for week ending corrospoiuhng week, 18 7a 18 , nnd the Date. PaHRengen. Freight and Live Stock. Mails and SundrieH. Total. Miles open. 18 . ■■ 18 . Increase. Decrease. Aggregate Traffic from. 18. he company , or by Pro- which have >n should be d in the last • Date. Passengers. Freieht and Live Stock. Mails and Sundries. Total. • Miles open. 18 . 18 . I loans, .~nd 1 1 Ml 11^ , ■ ! 10 ■! - : I iill it 1 :-i V,' ANNO TIIR'KSIMO-OCTAVO VlCTORlTl^: UF.GINiE CHAP. LXV. An Act to re-arranj^e the Capital of tho Northern Railway Company of Canada, to consolidate the enactments relating to the said Company, to enable the said Company to change tho gauge of its rail- way, and to amalgamate with the Northern Exten- sion Kailways Company, and for other purposes. lAssented to Htk April, 1875.] WHEREAS, for the proper accomuiodation and develop- Preamble, ment of the traffic of the district served by the Nortn- Recital. em Railway Company of Canada, it is necessary to change the gauge of the said railway from five feet six inches to four feet eight and one-half inches, and that additional rolling stock and other equipments should be provided, and additional worka and improvements executed on the said railway, and new ex- penditure on capital account will thereby have to be incurred : And whereas the present share and loan capital of the North- P'eB""* *^*" em Railway Company of Canada, hereinafter called " The ^^JpiuT' Company," consists of the following particulars (that is to say) :— (a) First preference bonds to the amount of £250,000 stor- ing, in bonds of JlOO sterling each ; (h) Second preference bonds to the amount of £283,900 sterling, in bonds of jEIOO sterling each ; (o) Class A, third preference bonds to the amount of .£50,000 sterling, in bonds of £100 sterling each ; (A' ex- i^cale of tinguishment or commutation, each and every share in the ^"*'"*''- ca|)ital stock of the (Join|)any represented at such meeting, shall entitle the lioMers thei'oof, to one vote for every such share : Pi'ovided always that it shall be law^ful for the (Jomi)any to Proviso, agree se[)aratel3' with any one or more of the shareholders for the extinguishment or commutation of his or their shanks, and in the event of such agieement or agreements taking effect the shareholder or shareh(jlders so agreeing shall not have any vote at the s])ecial general meeting to Vje held under this section ; but such agreement or agreements shall not take effect unless or until the same shall have been sanctioned at the sjjecial general meeting by resolution of the CJompany and affirmed by two-thirds of the votes of the shareholders as aforesaid present or represented as aforesaid, excepting the shareholder or .share- holders so agreeing as aforesaid. 3. When and so soon as such resolution as in the last pre- I'ruoceilings if ceding section mentioned, has been duly agreed to and j»assod |.|i!^ ,'ut^J;^,''^i7 as aforesaid, there is hereby created, and tlie Company may piuperi) i)ass- issue, pursuant to the provisions in that l)elialf hercinaftiM- con- ^'^• tained, new ordinary stock of the amount of five hundred thou- sand pounds sterling, the lioldcrs of \\fhich shall be entitled to participate rateably one with aiKjther in tlie net pi'otits of tlie Company; and the s;iid ordinary stock hereby created shall hold, with regard to the bonds of the Company, the same raidc and ]»osition as the share capital of the Cum[iany held iiefore the ])assing of this Act. 3. It .shall be lawful for the Directors of th ■ Compau}' to .vpplii'ation of raise by the issue of new ordinary stock, part of that hereby pioiiee.is of created, at such prices as shall be obtainable for the same, so much money as shall be necessary foi' discharging the ( fovern- ment lien, and, if such extinguishment .^hall have been agreed upon, for paying olfand fxtingiii.shing the existing share ca))ital, pursuant to the provisions in that l)eiialf hereinbefore contained ; or, in the event of tlie shareholders having agreed upon the conuniUiition of tlie original share (-apital by the ex- change thereof for a portion of the new ordinary stock hereliy created as hereinbefoi'e provided, it sli^iil l>e lawful for the l)i- rectoi's, in addition to the issue tor discharging the (Government lien, to is.sue a sulHiMfiit portion (jf the said iiiiW ordinary stock hereby created, lor the purpose of such commutation of the original .share capital. •I. It shall Im; lawful for the ]-)irectors of the Company to ReNi.luu of new issue for the limelit of the Companv, the residue of the new '''"^■'^,' ''"^v''»«- ,. 11 • ! 11 1 !• poswl of. ordinary stock hereoy ci'cated, at such prices as sliall lie trom time to time obtainable for the same, and in such amounts and on such terms and conditions as the Directors may think |)ro- per, and to apply the proceeds of such i.ssues to the general purjio.ses of tlie Compmy pi'operly chargeable to capital ac- count: Provided that no new ordinary stock in excess of the Provi,-,.. i! ' ' I \l l^ ! M 1, 78 Nature of new stock ; transfer, &c. When the old stock shall be extinguishel. Northern Rcdlway of Canada. amount required for discharging the Government lien, and ex- tinguishing or commuting the original share capital as herein provided, shall be issued without the previous sanction of a special general meeting of the C'ompany. 5. The said new ordinary stock shall be, and shall have all the incidents of personal estate, and shall be transmissible and transferable in any quantities not involving fractions of a pound sterling, as nearly as may be in the saine manner, and subject to the same regulations as the share capital of the Comi)any has hitherto been. 6. When and so soon as the payment shall have been made, as hereinbefore provided in discharge of the lien of the Gov- ernment, and the aforesaid agreement for purchase or commu- tation of the original share capital shall have been carried out by the Company, the share capital of the Company heretofore existing shall be extinguished. Provision in <}, In the event of no arrangement being made and agreed to tcTcarry oit"'^*' by the holders of the present share capital for the extinguish- the foregoing ment or Commutation thereof under the provisions of and with- arrangenient. ^^ ^^^ ^-^^^ limited by the first section of this Act, then and thereafter the provisions hereinbefore made for the issue of new ordinary stock shall be void and of no efliect, and then, but not otherwise, the six following sections shall have efltect. Preferential 8. There is hereby created, and the Company may issue issiiMl'^tts^'' pursuant to the provisions in that behalf hereinafter contained, rank and preferential stock to the amount oi' three hundred and fifty privileges. thousand pounds sterling ; and tlie said preferential stock here- by created shall hold with regard to tho bonds and ordinary share capital of the Company, the same rank and position as the lien of the Dominion held at the time of the passing of this Act : and the holders of the preferential .stock hereby created, or of so much thereof as may, from time to time, be issued under the provisions herein contained, shall be entitled to receive out of the net profits of the Company interest at the rate of six percent, per annum upon such prefeiential stock, before any dividends or interest whatever shall become payable out of the profits of the Company upoii the said existing or- A.,..i;,.„t.;,„ ,.f dinarv share caiiital ; ami if at any time hereafter, any surplus any surplus revenue apphcable to divulend shall leniain alter tlie said ordi- revenue, nary stock has received six per cent, dividend, then .such sur- plus .sliall be divi(hMl rateably between the holders of the said preferential and ordinary stock. Amount re- 0. It shall bo lawful i'cr the Directors of the Cdiiipany tA'ith their respective common seals, and approved in extraor- dinary general meetings of the respective Companies, specially called for the purpose, by resolution, for which not less than two-thirds of the votes of the persons present or represented at such respective meetings shall have been given in the affirm- ative, .but so that such agreement shall contain ju-ovisions to the following effect : — 1. The franchise or charter of the Extension Company, with all its powers, authorities, rights, and privileges, and all its railways, plant and undertaking, with all its property, real and personal, shall be transferred to and vested in the Company, and the members of the Extension Company shall thenceforth be raeuibers of the body corporate of the Company: Provided always, that the Company, and the undertaking and works thereof shall continue liable upon all covenants and agreements in respect of the bonds of the Extension Company in the same manner and to the same extent as if such amalgamation had not taken place; and the holders of such l)on(ls shall retain their bonds with the same charge on the undertaking and rail- ways late of the Extension Company, and with the same rights and privileges in all respects (including the same conditional right ill the Company of voting and qualifying as Directors, as under the twenty-eighth section of the Act of the Legisla- ture of Ontario, thirty-five Victoria, chapter forty-three,) as if Xori!-ern Riii>'i.tf of Vanoda. 81 ihe amalgamation had not taken Piaciv ai 1 as if this Act had not been passed ; and any de*^*^ u .;e to t,he Company from the Extension Company, or to the Extension Compauy from the Company, shall merge and be ^^xdnj^uiiht'd. 2. The benefit of the fi'anchis.; '^ <'hf;rter of the Extension Estimated Company, with all its powers, autiKaities, rights, and ]>i'ivileges ofjlforth'em * to be transferred under the powers of this Act, and ihe rail- PJxten&ion ways, plant and undertaking, and all the property, real and jjg™^^*^^^* personal, of the Extension Company shall be deemed and taken property, to be worth when cleared of all debts and other liabilities in any way whatever embraced in the capital and construction accounts c f the Extension Company, and when cleared of its debenture debt, a sum not exceeding ftnir thousand one hun- Liabilities to dred and nine pounds sterlintj for every mile of the railways ^^ deducted of the Extension Company from Biirrie to Grnvenhurst in the value, and one direction, and from Collingwood to Meaford in the other ijaiance (iirection ; and such mileage shall be ascertained by the result stock of amal- of an actual survey and admeasurement of the railways when samated Com- completed ; and from the sum agreed to as the sum (not exceed- ^"*°^' ing four thousand one hundred and nine pcninds sterling per mile) for which the said Extension Railways may be purchased by the Company, all such debts and liabilities including the said debenture debt and the amount necessary for conipletiiig the said railway to Gravenhurst, shall be deducted, aiid the balance onl}- shall be payable to the shareholders of the Exten- sion Company in the ne'v of'.'.iii'ry iiv preferential stock of the Company, as the case may be ; ; ad thereupon after such amal- gamation and payment the share capital of tl e Extension Company shall be e vtinguished : Pi'ovided that in no event Proviso : shall the amount so to "le paifl by the Comjiany to the share- Amountnotto holders of the Exte-'^io.' C'nipaDy for the purchase and extin- capita) "^T "^ guishment of their s'iM'^s exce^ d in ti)e aggregate Mie anxHint of Extension the share capital ot ir^ Extension Company act-ially an(j ^owa [nt™,P^"^^^*"* iidc paid uji in cash 'xf .re lIk '"ommeni-ement of the session of premium, the Parliament of Caiiaia h.Od in the year one tliou.sand eitfht himdred and seventy-tive, 'vi^h interest thereon at the rate of tei. per centum per annum, tVom the date of the respective pay- ments, and a premium not exceeding twelve and one-half per centum upon such paid up stock. 8. All debts due from, liabilities of, and contracts sub.sisting Amalgamated with the Extension Cuiripanv, shall l:econio debts due from, lia- *-''»'T'i>«''y *" Viilities of, and contracts subsisting with the Comphny, and all Kxt.usion I'ights of action and suit which shall have accrned to or against ^ <'J»l"vny- the Extension C imnany shall enure and subsist for the Icnefit of and against the L'o'npany, and tlieiv shall be no abatenient of any action oi' suit whieli .-^hall li.'ive lieen conuuenecd by or against the Kxtensicm Company ; but itny sucb action or suit may, u])on a suggestion of the amalgamation rtl'ect(>fi under the ;>rovisions of this /ct, be continued and i loseeuted by or ay-ainst the Comi)anv in the same wav^ as it would have been continued and prost'cuted by oi' against the Extension Com- pany if snc!i anialganialion had not been eli'ccteU. () w^. ■:> I N 82 Company may isBue new Htouk up to £50.000. Northern Railway of Canada. 18. The Company shall be empowered to issue for the pur- poses of amalgamation on the terms limited by this Act, and so far as not required for that purpose for any object within tiie charters of either of the amalgamated Companies, additional, new oidinavy or preferential stock, as the case may bo, to an amount not exce«dingtifty thousand pounds sterling beyond the amounts, hereinbefore limited as to such stocks respectively, irrespective of amalgamation. May advance lt>. After such amalgamation the Company may advance tension ^oi ^^ '^^^ expend, on account of and as part of the compensation to railways, be made to the Extension Company, in consideration and as one of the terms of amalgamation, such sum of iMoney as may be necessary for completing the line and works of the said Ct)mpany from Severn River Bridge to Gravenhurst, and for such other services as the Extension Company might, before such amalgamation, have legally properly performed under their charter. Loan capital of Extension Company to fonn part of that of Amal- gamated Company. Provision as to issue, sale and redemp- tion of bonds. 30. After such amalgamation the loan capital of the Exten- sion Company shall be added to and form part of the loan capi- tal of the Company, and the Company sliali have the .same powers from time to time of issuing, selling, or pledging l)onds of the Company, and to the same extent and with the same privileges or priorities as to the undertaking and pr<'i>erty be- longing before the amalgamation to the Extension ompany, as the Extension Comi)any would have had as to bonds of that Company, if such amalgamation had not been efi'ected ; and nuiy upon the maturity of any bonds the Extension Company issued previously to the amalgamation, or of any further bonds is-ued under the authority of this section, raise the sums requirt'd for paying otfthe matured bonds or any part >>f such .sum>, either out of any fund of the Company a|)plicable to capital services (whether arising from the issue of ordinary or preferential .stock under the powers herein contained, or arising otherwise), or by issuing, selling, or pledging other bonds of he Comp ny bear- ing interest at any rate not exceeding six per cent })er aimum at such price and upon such terms and conditions is the Direc- tors of the Company may think tit ; and the bonds upon the security of which any sums r«^uired for paying otfthe res(»*H;- tive matured bonds shall be ru -. •], may, to the amount of the res])ective matured bonds, bu t further or otherwise, be so issued as to take the place ot i be entitled to the respective privileges and priorities att;. .i i to the res[)e<'tive mature*; bonds for or towards paying oti A^liifh .su h sums re.s])ectively shall have been raised, oi- may be issued, with such othei privi- leges and priorities not limiting, restrictinc or |)rejudicially affecting the rights of holders of thefi esistra^ bonds, or witli- out any preference or priority, as tht Directors of the Company shall tliink tit. Interim .lireo- S||. Until the first general meeting of the Company, held tinsionCcjm- after the date of the amalgamation, three ot the Directors of the pany. Northern Railtvay of Canada. 88 lie pur- ', iind ,s(> liin tlie litioniil, to all ond tlie ctively, Extension Company, to be nominated by the Board of the Extension Company a« existinjf at the date of the amalgama- tion, shall act a.s Interim Directors of the Company, in addi- tion to the other Directors of the Conipany under this Act. ?J3. Upon and after such amalgamation chapter thirty of After amalga- the Statutes ]»assed by the Legislature of the Province of ^J!t^*'"ypj!aied Ontario in the thirt3'-thirdyear of Her ])resent Majesty ; chapter thirty-six of the Statutes ])!issed by the same Legislature, in the thirty-fourth year of Her ])resent Majesty ; chapter forty- five of the Statutes passed by the Parliament of Canada, in the thirty-fourth year of Her present Majesty ; chapter forty-three of the Statutes passed by the Legislature; of the Province of Ontario, in the thirty-fifth year of Her present Majesty ; and chapter sixty-six of the Statutes passed by the Parliament of Canada, in the thirty-lifth year of Her present Majesty, shall stand repealed and be of no further force or effect as to anything thereafter to be done, excejjt only section three and the sections numbered from thirteen to seventeen, both inclusive, of the Act of the Legislature of the Province of Ontario, thirty-five Victoria, chapter forty-three, hereinbefore referred to, which said sections shall have the same force iis if tViey were re- enacted in this Act, with the substitution of the Comi)any for the new Company in the said last mentioned Act referred to: Provided, th;:t every right acquired and every obligation or Proviso: «av- liabil' v undertaken or incurred previous to the repoal hereby J"^, !''""'?* •aad( shall be saved, nor shall such repeal affect the validity of liabilities. anything done previous thereto j)ursuant to any of the repealed enactmt iits, or of anything of which the validity depends on its having been confirmed by any of the repealed enactments. S3. Upon such amalgamation with the Company, the rail- Works of ways of the Extension Company as the same now exist, or may p,^f^"^J°y t„ be completed or ext« aded before the expiration of .six years form part of from the second day of March, one thousand eight hundred and t',w^«"f N. R. • 1.1 • /. • I r 1 V-.onipaiiy or .seventy-two withm the meaning of section three of chapter Canada.' forty -three of the Act pas.sed by the Legislature of the Pro- vince of Ontario in the thirty-fifth year of Her Majesty's r^ugn shall form part of the undertaking of the Compaii}'. PAIIT III. .\ud whereas, the Loan Ca])ital of the Northern Railway Recital of * ompanv of Canada consists of several classes of bonds : iute>s.^ity of ' '' icmsolulating loan capital of And whereas the statutory enactments and regulations affect- <'onipany, and iiig the siv.a Conipany are contained in the statutes of many j,'^*}."'-^""* " years : And whereas th said Company has petitioned that jirovi- sions may be made for the consolidation of the said Loan Capital, 84 Acts of Pro vince of Can- aHa, i2 V. c. 196. NoHliem Railway of Canada. and that the various statutory provisions applicable to the said Company may be consolidated into one enactment : And whereas the Toronto, Simcoe and Huron Railroiid Union Company was incorporated by an Act, being chapter one hundred and tiinety-.six of the statutes passed in the twelfth year of Her present Majesty, by the Legislature of the late rrovince of Canada : 13-14 V. c. i;ll. And whereas the name of the said Conipauy was changed to the Ontario, Simcoe and Huron Railroad Union Company, and the limits of the authorized railway of the said Company were extended by an Act, being chapter (aie hundiod and thirty-one of the statutes juissed by the same Legislature in the thirteenth and fourteenth years of Her present Majesty : 13-14 V. c. 81. And whereas by an Act, being chapter eighty-one of the statutes passed by tlie same Legislature \n the last mentioned years, the Municipal Corporations through whose jurisdictions the railway of the said Company might pass, were empowered to assist in its construction, and to ap})oiiit Directors of tlie said Company in case they should so assist iis therein mentioned : And whereas, in pursuance of the power so conferred, the Municipal Corporations of the City of Toronto and of the County of Simcoe assisted in the construction of the said railway, and became entitled to appoint Directors of the said Company : 16 V. c. 51. And whereas by an Act, being chapter fifty-one of the statutes passp.l by the said Legislature in the sixteenth year of Her present Majesty, the said Company was empowered to construct a harbour at or nearthe terminus of its railway on Lake Huron : 16 V. c. 244. And whereas by an Act, being chapter two hundred and forty four of the statutes passed by the same Legislature in the last mentioned year, the liu its of the authorized railway of the said Company were again e.ctended, and the said Com|iany was empowered to construct other harbours on Lake Huron: 19-20 V. c. 73. And whereas by an Act, V)eing chapter seventy-three of the statutes passed by the said Legislature in the nineteenth and twentieth years of Her present Majesty, the said Company was empany ; hut ever since the passing of that Act the said Company has, both in subsequent statutes and otherwise, been alwaj's in fact called "Tiie N(»rthern liailway Company of Canada," and its railway is called the " Northein Railway of Canada :" And whereas by an Act, being cha[)ter eighty-nine of the 82 V. c. 89. statutes passed by tiie said Legislature in the twenty-second year of Her present Majesty, and the year of our Lord one thousand eight hundred and fifty-nine, the railway, property and corporate rights of the said Ci)m|)any were vested in the Crown, ibr the purposes therein mentioned and the Governor in Council was empowered to transfer the same to such parties, and upon such terms, and to make such provisions relating to the said Company as therein mentioned : And whereas by an Order in Council made pursuant to the Order in Coun- last-mentioned Act on twelfth May, one thousand eight hun- ig,-,;,"' *^' dred and fifty-nine, it was ordered that the said railway, pro- perty and rights should be re-vested in the said Company on the conditions therein mentioned ; and in the said Order various other provisions relating to the said Company were contained : And whereas by an Act, being cha])ter one hundred and five 2;< v. c. 105. of the statutes passed by the siid Legislature in the twentj'- third year of Her present Majesty, it was declared that the said Company had, up to that time complied with all the require- ments of the last-mentioned Act and of the said Order in Coun- cil, and the said Order in Council was confirmed : And whereas by an Act, being chapter fifty-five of the 27 V. c. 55. statutes passed by the said Legislature in the twenty-seventh year of Her present Majesty, provision was made for the con- struction of a branch from the railway of the said Company to the town of Barrie and it was enacted that such branch, when so constructed (which it has since been), should form part of the railway of the said Company : And whereas by an Act of the Parliament of Canada being Act of Canada, cliapter eighty-six of the statutes j)assed by that Parliament in 31 V. c. 86. the thirty-first year of Her present Majesty, it was declared that the Northern Railway of Canada is a work for the general advantage of Canada, and" various other provisions were made concerning the said Company : And whereas by this Act various provisions are made con- cerning the Company and the Extension Company, including a 1 1 86 Northern Railway of Canada. declaration that tlie railways of the liust mentioned Company are works tor the gtsneral advantage of Canada, and a provision that under certain lumditions therein set forth the said Coni- ))anies may be amalgamated : And whereas, of the provisions contained in the hereinbefore- mentioned Acts and Oi'der in '^'ouncil, many have been repealed or anientled by others of tlie saiil provisions, many were enacted for temporary pur{)oses which liave been fulHll(Ml, and many have been incorporated, and sometimes with amendments in "The Railway Ad, 1808:" And whereas, if the amalgamation of the Northern Extension Railways Company with tlie Northern Railway Company of Canada, contemi)lated bv this Act. should lake <;Hect manv further changes will be introduced into the system of the C(jm- pany : And whereas under tlu^se circumstance.^ a c.msolidation of the statutor}"^ and other regulations affecting the said Company will greatly assist in the understanding of its ;'.H;iiiK m.ikI will therefore be very beneficial : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, further enacts as follows : — Vfi r.i ExoeptioD. Exception. The said Acts ;J4 Q^ ^^^^\ from the coming of this Act into operation, all the Acts of the Legislature of the former Province of Canada, and of the Parliament of Canada, and the Order in Council, in this Act reciteil, shall stand repealed, and be of no further force or effect as to anything thereafter to be done ; except only the declaration that the Northern Railway of Canada is a work for the general advantage of Canada ; and except also such por- tions of the said Acts as authorized the construction and com- pletion of the works in this Act riienti(med, and v/hich works have not been C(jnstructed or completed, and the time for the completion whereof has not expired bef.)ie the [.assing of this Act : Provided, that pvery right accpured and every obligation or liability undertaken or incurred previous to the repeal hereby made shall be saved, nor shall such i-epeal affect the validity of anything done previous thereto, ])ursuant to any of the repealed enactments, Order in Council, or of anything of which the validity depends on its having been confirmed by any of the re- pealed enactments, or of any by-law of the Comjjany, whether fixing any tariff of tolls or otherwise. Company to jg^. The Company .shall continue to be; a l)ody corporate by poMtVrightr ^^ name of the Northern Railway (Vimpany of Canada, with and name and perpetual succession and a common seal, and all othei- the usual property. powers and rigius of bodies corpoi-ate, not inconsistent with this Act, and especially with the power of purchasitig, holding, let- ting and conveying real estate without incurring any penalty or forfeiture. Proviso : Saving rights and liabilities existing. oiupauy jiovision (1 CoiM- il)otbre- repeaied t^nactod many Kjuts in stonsioii )any of many a«. •t, 10 Com- atioii of 'oinpany iiul will consent er enacts ition, all Canada, luncil, in liei- forc't; only thu work fur ich poi- nd com- 1 works for the of this •ligation 1 hereby lid it}' of epealed ieli the F the re- vhether rate by a, with 10 usual ith this ng, lot- penalty Northern Railway of Canada. Tl)o undertaking of the Company shall conHiHt of, — 87 Uiiilertaking di'tineii. Fimt. Its main line of railway, as the sumo now exists, or Mbiii lint, may be com[)leted or extended within the meaning of the fol- lowing wonls, that is to say, from some place in the City of To- ronto to some plaoe on the southerly shore of Lake Huron, touching at tho town of Barrie, or at .some point or [)lace on the sliore of Lake Siincoe. Second. Its Barrie branch railway, oh the same now exists, Barrie Branch, or may be completed or extended to a place known, or known in the year one thousand eight hundred and sixty-three, as "McWatt's Wharf" in the Town of Barrio, including the re- quisite station ground and buildings at or near the said wharf, together with such borrowing pits as may be requisite, the whole as lait or depots, wharves, warehouses and other buildings and works, at any one or more point or points, on the shores of the lakes, bays and navigable waters, at or near to any of the termini of, or stations on the Company's railways. . > ?J1. The Company shall also have power to purchase, build, fit out, charter, sell, dispose of, work, control and kee|) in repair steam vessels on Lake Simcoe, to ply on that lake in connec- tion with its railway ; and all such steam vessels shall be deemed to belong to the undertaking of the Company ; and also to make arrangements and agreements with the proprietors of steam- boats or vessels on other lakes by chiirtering or otherwise, to run vessels in connection with their said line of railway. *i8. The filth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth and fourteenth sections of " The Railway Act, 1868," except the twelfth and nineteenth sub-sections of the said seventh section, and also sub-sections four and twenty-one of said section fourteen, shall be incorporated herewith, and shall apply to the Company, and this Act shall be deemed to be the special Act mentioned as well in the said sections as in any other portions of " The Railway Act, 1868," hereinafter incf>r- porated herewith : and the Company shall further have power to make use, for the purposes of its railway, of the water of jiny stream or water-course over or near which its railway passes, doing, however, no unnecessary damage thereto, and not impairing the usefulness of such stream or water-course : Provided always, that in every case in which the owner of any lands, or other person or persons authorized and capaci- tated to convey, shall in their arrangements with the Company have received or agreed to receive compensation for gates, stiles, bridges, arches or culverts, instead of the same being erected or found by the Company for the purpose of facilitating the passage to or from either side of the land severed or divided by the Company's Railway, it shall not be lawful for any such owner, or those claiming under him, to pass, and they shall ever be prevented from passing or crossing the said Railway from , one part to the other part of their lands so severed and divided, otherwise than by a gate, stile, bridge, arch or culvert to be erected and maintained at the charge of such owners, under the inspection and direction of, and accordinjj to plans and specifi- cations to be furnished and apj)roved by the engineer of the Company. Loan capital. Jj9. The loan capital of the Company shall consist of its ex- isting first, second, and third preference bonds. Use of streams, Ac. Proviso :, as to persons who have received compensation for the rerti- stock eate stating the amount of stock held by hiui, and such certifi- <^«'*'*°*'*' cate shall be surrendered on the transfer ol' the stock comprised therein or any portion thereof, and a new certificate, or, as the case may require, new certificates shall %e issued. . SO. The clear profits of the Company shall belong to the Dividends of ordinary stockholders ; and dividends at a per centage rate on "'*" •"""• the stock shall be, from time to time, declared thereout by the general meetings, and be payable to the stockholders who shall appear in the Company's registers at their opening on the morn- ing of the first of January and first of July in each year, — im- mediately after which dates certified copies of the said registers ' .'J shall be transmitted and exchanged to and from London and Toronto respectively. 40. No dividend shall be declared whereby the capital of Dividends the Company is in any degree reduced or impaired, or shall be •"°**®'''' paid out of such capital. ' 41. General meetings shall only be convened by the Direc- General meet- tors, or by not fewer than ten stockholders, holding together convened, not less than one-fifth part of the stock of the Company for the time being issued, and in the latter case, only after ten stockholders holding such part as aforesaid of the stock of the Company shall have required the Directors in writing to con- vene a general meeting for objects expressed in such requisi- tion, and the Directors shall have omitted to do so for one calendar month from the receipt of such requisition at the office of the Company, either at Toronto or in London. 43. General meetings to be held in Toronto or London Notice, if in (England) shall be convened by advertisement published in J;,°JjJ°° *" ''^'*- two Toronto or two London daily newspapers, as the case may be, not less than two weeks before the day of metting, and expressing the objects of the meeting. 43. The ordinary general meetings shall be held twice a Ordinary and year, on such day.s and at such places, whether in Canada or in England, as the Directors shall, from time to time, determine ; and special general meetings shall be held in the first instance at such places, whether in Canada or in England, us the Direc- tors or the stockholders convening the same shall appoint : Provided that any such meeting convened by the Directors on the requisition of stockholders shall be held in the first in- stance at such place, if any, as shall be specified in the requisi- tion ; and any general meeting may be adjourned to such place, whether in the same or in the other country, as the shall determine. special general meetings. Proviso. meeting 44. The Municipal Corporation of the City of Toronto may Corporations annually, on or before the day of the first ordinary general 0(1"°°^* *"'* .• i' 11 /-. • • J. c L-u Simooe to ap- meeting of the Company in every year, ncmmate one or the point each one a Direntor. I «2 Proviso. Number of Directors. Where to reside. Kortheim Railway of Canada. aide men of the said City to be n Director of the Company ; and lie Municipal. Corporation of the County of Simcoe may also annually, on or before the day of the first ordinary general meeting of the Company in every year, nominate one of their c-)uncillors to be a Director of the Company, and the said two Directors shall have the same rights, powers and duties as any of the other Directors of the Coinpany : Provided always that the said Corporations, so long as they shall nominate Director under this section, shall not be entitled to vote as sha eholders for the election of Directors at any general meetings of the Com- pany. 4S, The number of the Directors of the Company, including the two Directors provided for by the last section hereof, shall be twelve, exclusive of any Director to be appointed by the Government under any other Act ; and of the Directors three at least shall, and five may be resident in England ; and if the whole number of Directors be not twelve at the date when this Act shall come into operation, it shall be filled up to that num- ber by election at the first ordinary general meeting after that datb. Tacaaeiea. Annual eiec- 4g The annual election of a Board of Directors, other than ' those nominated by the said municipalities, shall take place at e-e igi 1 1 y. ^j^^ g^^ ordinary general meeting in every year. All retiring Directors shall be re-eligible if otherwise qualified. Removal of 47. Any general meeting may remove a Director not being fliiinK^of *"** one of those appointed by the said municipal corporations, or the Government, by a resolution, of the intention to pro- pose which notice shall have been given in the advertisement convening the meeting; and the same or any other general meeting may elect another Director in the place of the one so removed ; and any casual vacancy otherwise occurring in the Board of Directors among those not appointed by the said municipal corporations may be filled up by the Direcix)r8: Provided that any person chosen under either part of thit: sec- tion shall retain his office so long only as the vacating Director would have retained the same. Proviso QuallfioatioD of a Director. Quorum at meetings. 48. The qualification of a Director, other than those appoint- ed by the said municipal corporations, or by the Government, shall be the holding in his own right, or in right of his wife, of stock or bonds to the amount of two hundred pounds sterling ; and the office of a Director shall be vacated on his ceasing to hold such qualification. 49. The quorum for any general meeting of the Company shall be the presence, either in person or by proxy, of the holders of stock or bondholders entitled to vote to the amount of one hundred thousand pounds sterling. Noiikern Railway oj Vanacla. 9^ 50. Every hundred pounds sterling of stock ahall entitle the ▼ot««. holder thereof to one vote at general meetings. tSI. The holders of all outstanding bonds of the Company Right of heretofore entitled to vote, and upon amalgamation of the ^""oSi?*''*" Extension Company with the Company under the provisions certainofthem of this Act, such holders of bonds (if any) as may for the time to be dMmed being, be entitled to vote and qualify as Directors under the "ookhoiders twenty-eighth section of the Act of the Legislature of the pow. * '"*'" Province of Ontario, thirty-fifth Victoria, chapter forty-three, shall be deemed to be stockholders within the meaning of the thirteenth and fourteenth sections of " The Railway Act, 1868," as incorporate'! herewith, and of the forty-first, forty- third, fiftieth and fifty-.second sections hereof, — the amounts of stock deemed to be held by them being equal to the nominal amounts of their bonds respectively. 53. The appointment of a proxy need lotbe under seal, but Proxies, no such appointment .shall be valid unles.^ in favor of a person being himself, and at the time of exercising the powers of the appointment, a stockholder of the Company. S9. tt shall be lawful for any Director to give, and at his proxies of pleasure revoke, a general proxy to any other Director to vote Directors. for him at the Board ; but no proxy or power of attorney by Proviso, which the Director holding it might be obliged to vote in a par- ticular sense on any question shall be permitted. S4- The Directors may meet together for the despatch of Meetings of business, adjourn and otherwise regulate their meetings as they "*" °"" think fit, and determine the quorum necessary for the transac- tion of business. Unless and until the Directors otherwise de- Quorum, termine the quorum for a meeting of the Board shall be four, present in person or represented by proxy. 55. The Board may, from time to time, appoint any Directors Cummittee of in England as a committee, — of which a majority shall be a ^'"oto™ •" quorum, and may delegate to such committee all such of its powers as the Board .shall from time to time determine. 56. The Board may cause a special common seal of the Com- Common seal pany to be made for use in EngUind, and may commit the use ^"^ England, of such seal to a committee composed of Directors being from time to time in England. 57. It shall be la\vful for the Board to give and at its plea- Power of at- sure revoke a general proxy or power of attorney under seal of '?'"''^y *" the Company, to any Director or to the General Manager for ager, Ao. the time being of the Company, to act in England on behalf of such Board, and for such purpose to delegate to such Director or General Manager all such of its powers fis the said Board may see fit. u Korthar)). liaihoay of Canada. n Certain partB 58. Svbject to the other provisions hereof, the nineteenth Aouo apply ^^'^ twcnty-firsst sectioas, and sub-sections eleven, tv^^elve, thir- to the Oon). teen, fourteen and fifteen of section twenty, and the first, second, pmy- fourth, seventh, eighth, ninth and tenth sub-sections of the twenty-second section of "The Railway Act, IH6H" and the whole of part second of the same Act, and also the sections of the Acts amendinjif the said Railway Act, shall be incorporated herewith, and shall ap|)ly to the Company ; but the sections Lnd parts of sections included in Part First of the said Railway Act, and not herein exjlreasly incorpc'ifad, shall be excepted from incorporation herewith, and shall not ap{)ly to the Com- pany; and in addition to tlie i)ower8 conferred by the said Act, the Compan}^ shall also hj've power to enter into con- A» to oarrying tracts with the Postmaster Geneial on behalf of the Dominion for the c ariage of mails to any district or territory tributary to its Railway. Proviso. mails. Ratea of tolls for use of nharves, Ac. how to be fixed. Proviso. 59. It shall and may be lawful for the Directors of the . Company from time to time to regulate, fix and establish the ' rates of wharfage, tolls, dues, or duties payable by ))ersons navigating or using rafts, vessels, boats, or other craft on Lnkes Ontario, Huron, Simooe, Muskoka, Rousseau and Joseph, and who may, from time to time, partake of the benefits and advantages of any harbour, wharves, docks or railway forming part of the Company's undertaking, or of the storehouses or other protections and erections for the safe keeping, repairing and refitting of all vessels, boats, crafts or rafts of any descrip- tion, and of goods, wares and merchandise shipped or unloaded within any such harbour, and to alter the said tolls, dues, duties and demands .as they may deem proper and expedient — a copy of which tolls, rates and dues shall be affixed up in not less than three places at or near to every such harbour respecvively : Provided always that such tolls, rates and dues shall be subject to the approval of the Governor-General in Council. Company may ^Q The Company shall have power to draw, make, accept to'notes,''"lL, and endorse all bills of exchange and promissory notes in sums Ac, and how. of not less than one hundred dollars, necessary for the carrying on of the business of its railways: and the Directors may, from time to time, by instrument under the seal of the Com- pany, appoint any agent or agents to make, draw, accept and endorse such bills and notes on behalf of the Company ; and every such bill or note so made, drawn or accepted or endorsed, shall be binding upon the Company ; and in no case shall it be necessary that the seal of the Coni[)any be affixed to any such bill or note, nor shall the agent making, drawing, accepting or endorsing the same on behalf of the Com})any, be individually Proviso. responsible therefor : Provided that nothing in this section shall be construed to authorize the Company to issue notes or bills of exchange payable to bearer, or intended to be circu- lated as money, or as the notes or bills of a bank. Northern Railway 0/ Canada. 96 61. The CVmpany may entor into any armngetnents with Company may any other Rai.way Company or Companies for the working "^nu with '**' of thoir railways on such terms and conditions as the Direc- "thor Com- tors of the several ComiJanies may atfree on, or for leasintr or p*"'«» '"'"' \ • • c i_ ii n i-( • . • certain lii.'ing trom such otlier Company or Companies any portion purpoges. of their railway, or the use thereof, or for the leasing or hiring any locomotives or other movable property from such < 'om- panies or persons, and generally to make any agreement or agreements with any (jther Comi)any touching the use by one or the other, or by both Companies, of the railway or rolling stock of either or both, or any part thereof, or touching any service to be rendered by the one Company to the otlier and the compensation therefor ; and any such agreement shall be valid and binding according to the terms and tenor thereof: Provi»o. Provided that the assent of at least two-thirds of the share- holders present at a general special meeting of the respective Companies, to be called for the purpose, shall be first obtained. 6SI. The Company shall [)ay, lus working expenses, in Certain items priority to any payment of principal or interest on an;' bonds be^^'id^as""*^ forming part of the loan capital of the Company (other than woriiing any interest already made a charge in the nature of a rental expenses. u]wn the earnings of any railway of the Company, — which interest is still to be recognised and included in the working expenses of the railway upon the earnings of which the same is charged,) the expenses following, that is to say, — all expenses of maintenpnpp of ii;S railways, and of its stations, sidings, buildings, works, warehouses, elevators, appliances and con- veniences belonging thereto, and of the rolling and other stock and movable plant used in the working of its railways, and also such rents or annual suras as may be paid in respect of warehouses, wharves, or other property, — including land leased to or held by the Company, and also all expenses of and incident to working the railways of the Company and the traffic thereon, including stores or consumable articles; also, rates, taxes, insurance and compensation for accidents or losses ; also all salaries and wages of persons employed in or about or for the working of the said railways and traffic, and all secretarial and establishment expenses, including Directors' fees, agency, legal, and all other incidentsil working expenses whatsoever : Provided always, that nothing herein contained Proviso, shall limit, restrict or prejudicially affect the rights of any saving rights holders of bonds charged upon any separate part of the under- °* "^Iff^ taking of the Company. OSt. All ships and vessels owned by or belonging to, or in h. m. vessels the use of Her Majesty, or the Government of the Dominion, fr«e from toil shall, from time to time, have free access and jmvilege of occu- ^^^ *' °""' ] lancy and sheltering under, and using the privileges, safeties, wharves and dry-docks or railways forming part of the (Com- pany's undertaking, under the fourth and fifth heads of the twenty-sixth section hereof, free of all tolls or duties whatso- ever. 96 RuDning poweri grant- ad to Midland and Orand Junotion Railway Com- panlef on cer- tain eondi- tloni ; com- peniation, how i«ttl«d if not agreed upon. ProvlBO, Northeiifi Jiaikvay of Canada. 64. Upon tho opening tor traflic of any line of Railway ex- tending northwards from OraveiihurHt for the purpose of es- tablishing a connection with tho Pacific Railway or the Georgian Ba} branch thereof, tho Company shall grant through running powers over it« line as far as Gravenhurst to the Mid- land Railway and to tho Grand Junction Railway Company, from the point of intersection of tho Midland Railway, at or near Atherloy, for the benefit of the said respective Companies and for tho working of their through tratflc from and to all point'i south of sucii point of intersection: Provided that such running powers sliall not include any right to the said respec- tive Companies, or either of them, to engage or participate in or to operate u|)(jn or over the line of tho Company, any local traffic served by, collected at, or belonging to tho places at or for which the C(mipany shall have established stations on any part of the line of the ( 'ompany, including Atherloy and Gravenhurst; and provided also, that the terms and conditions of such running powers, and the tolls and compensations to l>e paid for tho same, shall be mutually agreed upon between the Company and each of the other Companies respectively ; and in the event of disagreement, sucli terms and conditions, tolls and compensations- sluill be settled by three arbitrators, — one arbitrator to be appointed by each Company, and the third by the Governor-General in Council ; and the award in writing of such arbitrators, or of the majority of them, shall be binding upon the said Companies : and provided also that this Act shall net prejudice or interfere with any running powers to which any Railway Company may now be entitled under any Order in Council made by the Lieutenant-Governor of Ontario. ^ Company sub ©5 Nothing herein contained shall be construed to exempt generaTA^f. the Company or its undertaking from the provisions of any general Act relating to Railways which may be passed during the pi'esent or any future session of Parliament. Short title. 60. This Act may be cited as " Tlu Nortliern Railway Com- pany Act, 1875." ,»•'»<♦' '"u. v-^».iiv«'.\ ifii v,i,y. 'III. If' ,if (^i ■I it I,,;,. j ANNO TRICESIMO-OCTAVO. VlCTORIiE REGINiE. CHAP. XXI il. An Act respecting the Lien of tlie Dominion on tha is'^orthern Railway of Canada. [Assented to Sth April, 1875.] WHEREAS the lien of the Dominion on the railway and Preamble, property of the Northern Railway Company of Ca- nada, amounts to the sum of four hundred and seventy-five thousand pounds sterling, and the Government of the Dominion holds also second preference bonds of the Company to the amount of fifty thousand pounds sterling, and third preference bonds of the Company to the amount of fifty thousand pounds sterling ; and it is expedient to make provision for the release of the said lien on the conditions hereinafter mentioned : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — 1. if the said Company or any Company formed by its amalgamation with any other Company under any Act of the present session, do on or before the first day of April, one thou- sand eight hundred and seventy-six, or within such extended time as the Governor in Council may grant, not exceeding three months thereafter, pay to the Receiver-General of Canada, or to the financial agents of the Dominion in England, the sum of one hundred thousand pounds sterling, such payment shall ope- rate as a full discharge and release of the said lien and of all principal and interest due in respect thereof, and the Receiver General or the said financial agents (as the case may be) shall give the Company a certificate of such })ayment, which shall be sufficient evidence of the discharge of the lien and of all claim in respect thereof: Provided always, that the said bonds of the Company held by the Government sliaJl not be attected by the payment aforesaid, but shall hold their present rank and prior- ity in any re-arrangement that may be made of the afiaii-s of On what con- ditions the lien of the Dominion may be re- leaHed. Proviso: the bonds held by the Govern- ment not to be affected. 98 Northefn Railway of Canadii, the C'oni{)any, and that the accrued intureHt on the Hocond nro- ferenco bonds Hhall be paid under the terinH of the several AotH relating to the Haid railway. anTarnnent */t. It shall be lawful for the Governor in Cotincil, at any be'i^po'inu'y- ^•'"® after the passing of this Act, to nominate and appoint bii powm and one additional Director of the Company, who shall, in all things, offlV '° "' y^A^fi the same powers as an ordinary Director, but whose con- currence shall oe necessary to any future expenditure upon now works or equipment undertaken after such a[)pointment : Provided that such right to appoint a Oovornmont Director, and his right to a seat at the Board, shall suVjsist only so long as the lion of the Dominion shall remain undischarged by the payment that may be made by the Company under the provi- sions hereinbefore conttiined. I - ■■ . t*. ■ d! : t i i (. ;■ I. ' ' ■ t '1 1 • ■ 1 ■ ,1^1 1 ■ 1 ' ' ! . 1 1. 1 1 .-ii ' .III 1 tf t 1 1 Ir 1 1 < 1 I !■: I I 1 , 1 ' 1 . : 1 i' 1 1. • i(. ' 1 ( 'Hi. ll 1 t iii.i 1 . "it 1 ,.| ... ll i III 1 ' 1 1 1 X ' 1 1 •-■4 1 .. . M II 1 1 1 . ,1 M I till' 1 1.,' ' II 1 ■ 1 1" ll . < ' i ; ll ''111 n i i I '. ■ I" - 1 .' -! I I I lilt ,' '" ..•■' Illl I. I',. I INDEX. ' wvxA^*'^ /w^/^/^/^/^/ y »/>/ 1 , t .1-' ■ ..< .11 _ I ui >• I ' ■ .11' 'i ' PAOB. \ 1i' Accidents. Notice of, to Railway CVnmnitteo 59 . , Penalty for neglect to give notice of. 69 ' ■ Return of, to Railway Committee 69,00 Railway Committee may appoint form for returns of. GO Penalty for neglect to make returns of. 60 Accounts. Showing amounts of receipts and expenditure to be sub- mitted to Parliament 42 Actions. See Contravention of Act. Limitations of Actions. Acts. After amalgamation certain Acts repealed 9 " " certain rights paved 10 Certain, repealed after passing of 38 V. Can. cap. 05 16 Agreement. See Amalgamation. Ahhangement. Aid to C Where arbitrator dies 28 Company may desist from, paying costs, &e 28 Sole arbitrator, appointment of. 26 Sole arbitrator, when only disqualified 29 No objection to arbitrators after third appointed 29 Award, not avo' i for want of fonn 29 See La^td. Arbitrator. See A.} ^i.ATR'i. Arches. .<• I '.. < ti I '.r. Erection o^ Army. , Carriage t Arrangements. 1 Mil,, )' ' {1. 11^' <•! •' ,i ) ■\-\'>)i:'A ;o, Dany \ 33, 34 \ al, Military 01^ Militia forces 42 iMay be made with other Companies respecting traffic 4.. 60 No preference to be given..., .,..., , 61 As to traffic, freight, rolling stock, &c., may be made with other Companiee. 53 Proviso as to assent of Stockholdow to . .. 64 Penalty for neglec^ or refusal to forward traffic 61 Award. See AuriTration. • I- "I •f- '.'N'. I 1. , I /' Badges. See Working the Railway. BAGjaAGE Cars. See Working t^e; Bailway. Bankers. Company not to actasii. ...... i. .*........ .^ 5S Ba^rie Branch. \ Defined : 16 Beaches. Jg,. Public Beaches, acquisition of 18, 24 Bells. See Working the Railway, Bills and Notes. Company may become parties to 53> Company may not act as bankers 53 BoAHp of Directors. (Sfee Directors. , , „, ,, , ,, ./ BoAEp OF Works. See Maps ani? Plans. Bondholders. See Directors. General Meetings, Bonds. I Held by Dominion not afiected by discharge of lien.. .. i ...... . 2" ,j jSee Capital. BONOSES. , ., „.' Company may agree as to disposition of bonuses............. 11 - ■ See Municipalities. Book of Reference. ,!,„,,,, , . , . , How made ■....'.. ....:.... .1.............. .....'.'. 21,22 Errors in 23 ''■ I /Sfe« Maps AND Plans. Surveys., ,,,i., , ., ;. , '■ Brakes. Best description of to be u.sed on passenger trains.,. ♦.. 66 Branch Railways. i , „ ; , , , ,'.' Power to make and manage 1 19, 20 Company may construct under By-law of a Municipality 21 - 1 »i Index. 101 «)• 1: ,.,: '■.Vvt^>.Hl■'J•>l^>^)■ .-lA r > PAGE. ..^RIDGES. i^ Height and span of '. i 33 I ..,...,, Ascent of, over highways. .'..'. 33 i Powers of Railway Committee over.... ;....' .. 68 i Swing — Trains to stop three minntes before crossing 65 I Passengers to use foot-bridges when provided........; 66 , Buildings. ' Erection of, &;c 19 , By-laws. ■ ■ ...- • , -■ : - '"' I Certain confirmed ', ....;...«...'.;<.''. 10 r". How notice of, may be proved 36,37 c To be in writing and signed by Chairman 36 {" Which affect persons not in Company's employ to be posted (. up 36 To be submitted to Governor in Council , 36 Company to make, for regulation and observance of its officers 63 May be repealed or altered 63 To be in writing-— Form of : 64 Employees offending against, to forfeit not exceeding $40... 64 Company may summarily interfere to prevent infraction of, in some cases 64 Governor-General to sanction ; 64 How notified to employees 64 Who bound by — proof thereof..; ' 64 Company may impose penalties, and retain same out of sala- ries 64, 65 See Municipality. Tolls. • ■• '•••'- ■ ('(■ ■ •') - ! I'l Calls. See Capital. Canada Gazette. See Tolls. Canals. U) .1 »■');' Capital. Company not to impede navigation of. 66 Railway may cross ■ 19 (; (. I,- ( 1 I ! '■ Loan and Share. ■>>.>■ run i Amount of 1st preference bonds 1 Amount of 2nd preference bonds — 1,2 Amount of 3rd preference bonds, class A 1 Amount of 3rd preference bonds, class B * 1,2 Amount of lien of Dominion 1 Amount of Share Capital 1 Recital as to readj ustment of share capital 2 Recital as to readjustment of loan capital 12 Special meeting to extinguish ordinary share capital 3 Proceedings of resolution to extinguish passed * 3 £500,000 sterlingnew stock mayTbe raised 3 Application of proceeds of such new stock , 3, 4 Loan capital, what to consist of. 44 Bondholders, rights of 44 Register of transfer of bonds to be kept 44 , New bonds may be issued for others maturing...., 44 Amount of such new bonds 44 New ordinary stock, proviso for mode and amount of issue 4 102 Index. Capital, — Continued. PAOB. New ordinary stock to be personal estate, &c 4 Original share capital when to be extinguished 4 Provision if share capital not commuted 4 New ordinary stock, when proviso for issue of, void 4 Preferential stock, issue of, to amount .of £350,000 sterling... 4 Rank and position of 5 Rate of interest on 5 Discharge of Dominion lien to be first charge on 5 Application of residue of 5 ,),■ To be personal estate . 5 In what quantities transmissible 5 Shares, conversion of currency into sterling 5 Transfer of existing shares when forbidden 5 "When present shares forfeited for benefit of Company... 6 ,-. .,'. Held by City of Toronto and County of Simcoe re- lease of 6 Company may issue £50,000 new stock after amalgamation 8 Extension Company's loan capital to be added to loan capi- ■■,, tal of Company 8 Amount and provisions as to issue of 9 Stock certificate to be given to holders 47 Declaration of dividends 47 Dividends to be limited 47 I . Amount of stock 45 I ,1 Liability of stockholders 45 Sale of stock 46 Form of sale 46 Stock to be perscmal estate 46 Transmission of stock otherwise than by transfer 46 Company not bound to see to execution of trusts 46 ] Company not to take stock in its own or any Company 47 See Directors. Returns. Carriage of Mail. See Mail. Carriages. Power to acquire 19 Casks. Punishment for boring or cutting 69 Casting Vote. See Directors. Cattle. . , . . Interpretation of word 39 Treatment and feeding of in transit 39, 40 To be unloaded for rest 40 Cars in which carried to be clearicl 40 Penalty for not feediiig, &;c 40 Constables may enter cars, &c., in which kept and inspect.... 40 Penalty for refusing constable adinissitm 40 Right of action for damages not affected 41 Penalty, application of. 41 Summary Conviction Act to a})ply to 41 Not allowed to be at large within half a mile of railway.... 67 If so at larg, may be impounded (i7 ,1 If killed when at large, owner not entitled to any action t7 '1 ': PAOB. 4 4 4 4 4 5 . 5 . 5 . 5 , 5 5 5 5 6 6 8 8 9 47 47 47 45 45 46 4G 46 46 46 47 19 69 ,.. 39 39, 40 .. 40 . 40 .. 40 .. 40 .. 40 .. 41 .. 41 .. 41 .. 67 ... 07 ... t7 Index. V,: Cattle Guards. .103 PAOB. Erection of and liability of Company as to 33 Certificate. See Capital. Lands required by Company. Change of Gauge. Changes may be made in line of railway •• 12 See Gauge. .r. ...-'.'m;. Checks. To be affixed to parcels, and penalty for refusal... 37, 38 Clerk of the Peace. >■ '■/ . h ; • Intel pre tation of words 15 •■ Duties of as to maps and plans, &c 23 Committee in England. /See Directors. / i (. Common Seal. See Directors. . i- u- .■■.' Company. ..,.,•■ ■ „ . , ... - " The, Interpretation of word 6 Interpretation of word in Sections 95 to 156 70 Extension Company's Works to form part of undertaking of. 10 May advance money for extension of railways 8 May run vessels on Lake Simcoe and other Lakes 18 May be dissolved 43 • Subject to Railway Act.. • 55 To use best apparatus for signalling, coupling, &c 66 Penalty fur non-compliance 66 »See Arrangements. By-Laws. Incorporation... Compensation. Sec Land. Running Powers. Completion of Railway 10 Conductor. . . . !•- Intoxication of, a misdemeanor 38 See By-Laws. Consolidation. Recital as to benefit of Consolidation of Statutes relating to Company 14 CoNSTABLKS. : . . w i" Appointment of 62 Oath of office 62 Powerof. 62 Duties of 62 Dismissal of. 62,63 Record of appointment of to be kept 63 Punishment for neglect of duty by 68 Punishment of person assaulting, &e 83 Contractors. Directors not to be 50 Contravention. Of this Act by Company, when to be misdemeanor 41 But not to exempt from action 41 Conveyance. Ot goods and passengers 20 Corporate Namk. See Namk. , ,. Corporation. Company to continue a 16 Railway may enter upon lands of, to make surveys, &c 20 Ml 104 Index. fi' PAGE. Costs. See Arbitration. ' County. ' . • ' m / iii -^ , . ■ .. , < ( Intrepretation of word ; 15 May exchange debentures of Township for those of County. 11 - County Judge. See Arbitration, Crossings. . ■.> :, .j ... .. Sign boards to be put up at ' 83 '• .^' Road and Farm, to be sufficiently fenced j 67 Certain power vested in Railway Committee as to 68 ^ ■ • Municipality may require Company to repair. 58 '• • Proceedings on default 58 • With other railways, officer to be placed at, and signal passing trains * 66 Trains to stop at crossings with other railways for one minute « 66 ' ' See Farm Chossings. Rivers. ' Crown Lands. Entry on 18 '' Mode of acquiring. 18 ' Culverts. Erection of, by Company 33, 34 ' ■ ■ ■ 1 -'.-■•. ■ Damages. ; Limitation of actions for 41 Damaging Railway. Penalty for 68 Dangerous Goods. , .. ' i '' Curriage of — nature of, to be marked 38 Company may refuse to take 39 Debentures. See County. i, ./) Deeds. See Lands required by Company. . , ; * Desistment. See Arbitration. Deviation from Original Line. See Maps and Plans. > ; - .'< ^ Directors. / ' General meetings, how convened 47 " notice of t 48 " ordinary and special, where and when held 48 Government Director, appointment of by Government 48 Not to sit after Government lien discharged 48 City of Toronto and County of Simcoe each to appoint a Director. 48 Interim Directors from Extension Company 9 Qualification of » 51 Number of 49 Where to reside 49 Arnual election of 49 May be re-elected 49 Meeting of Stockholders to elect 49 To be chosen by majority 49 Who may vote at adjourned meeting of Stockholdei's 49 Terms of office of 50 « V Index. i 105 15 11 83 67 58 58 58 66 66 18 18 41 08 38 39 47 48 48 48 48 48 9 51 49 49 49 49 49 49 49 50 Directors. — Continued, PAbB o . . President and Vice-President, election of by Directors 50 > •' .. Quorum may exercise powers of whole Board 50 \ ., Majority to bind whole by their acts : 50* Casting vote given to Chairman 50 To be subject to Stockholders and By-laws 50 a . Not to bo officers or contractors........... 50 I ! . To make By-laws for management of stock, business, ^c. ... 50 To appoint officers j..,. 50 Vice-Pi"esident to act in absence of President 51 •i President — absence of to be noted 51 u ; Removal of and filling vacancies — Term of office 51 Right of bondholders to be elected 52 May give other Directors proxies to vote and may revoke 52 i; ,/.r . Meetings of *..., 52 Quorum of. 52 Committee of, in England 53 ., . May adopt a common seal 53 May give Power of Attorney to General Manager 53 May pass By-laws to fix tolls .34 To call special meeting to extinguish ordinary capital 3 Dividends. *Sfee Capital. ,, i ,*/.,;. Dominion, Lien of. See Capital. Lien of Dominion. Security besides lien 2 Drawbridge. Trains to stop at ....... :65 Earnings of Company. Application of 54 Election of Directors. See Directors. Engineer of Railway Committee. See Railway Committee.,,^ m ; ■ i Exchange of Debenturf -. See County. Expenses. (See Workinc Expenses. / !/ Express Companies. All entitled to equal facilities 61 Extension Company. The, interpretation of words 2 Railways of, to form part of Company's undertaking after ; amalgamation 10 After amalgamation, to be represented on Board of Company it by three Interim Directors 9 Loan Capital of, to form part of Company's Loan Capital after amalgamation 8 Extensions To Georgian Bay and Lake Huron 17 To Lakes Musk oka and Rousseau.. 17 Of Railway, advances by Company for 8 Farm Crossings. Hurdle gates to be provided at Felony. See Manslaughter. •i.. 83 >^s 1C6 Fences. Index. h> PAOiC. To be erected on each side of railway 33 Liability of Company as to erection 33 '■ Road and farm crossings to have sufficient 67 See Snow Fences. Fines. ■•....■. , Under Sees. 1-80, — how recoverable i ' How applicable 41 Forfeiture OF Stock. See Capital. .,; = Form. Of appointment of Proxies 49 Of sale of stock , 46 Gates. Gauge, Erection of, by Company 33,34 See Farm Crossings. Recital, as to change of 1 Change of from 5 ft. 6 in., to 4 ft. 8^ in ... 6 General Manager. Power of Attorney to 63 General Meetings. Quorum at meeting, what shall be 51 Right of bondholders and stockholders t » vote at. . . 52 See Directors. Goods. ' Interpretation of word 15 Conveyance of 20 See Dangerous Goods. Returns. Tolls. Working the Railway. -'' ^ ' ' :■ ■ ■/ ■■ ■' > •■• ' Governor-General. To appoint a Government Director 48 May appoint four Privy Councillors a Railway Committee... 55 GOVERNOR-IN-COUNCIL. /See ToLLS. Grand Junction. ■ Running powers to 64 Harbour. . i - At Northern tei-minuf* 17 Her Majesty. Rights not affected 44 Highways. Interpretation of word 15 Railway may cross 19 Railway not to run along except with leave of municipality 32 Proviso where railway crosses 32 Hurdle Gates. iSee Farm Crossings. Incorporation of Company. • History of, recited .;... ..12, 1.% 14 Incumbranc':8. *S'ee Lands required by Company. Indian Lands. See Lands requirkd by Company. fi ■' Index. 107 PAOiS. . 33 . 33 . 67 1 6 53 51 52 15 20 17 15 19 32 32 PAOR. Injuring Propei.ty of Company. A misdemeanor 69 Inspectinq Engineer. See Railway Committee. Interkst. See Capital. Lands required by Company. Interpretation of Words. " The Company," meaning of G " The Extension Company," meaning of 2 "Company," in Sections 95 to 156 20 " The undertaking," ... 14 "The Lands" 14 " Lands," " Lease," " Toll," " Goods," " County," " Highways," " Sheriff," " Clerk of the Peace," " Justice," " Two Justices," "Owner," 15 "The Railway," 16 " Traffic," ()1 Intoxication of Conductor. >^ee Conductor. Justices. "Two Justices," interpretation of words IT) Lands. "The Lands," interpretation of words 14, 15 Power to enter upon and make surveys, &c 20 " to hold 18 " to purchase 18 " to cros.s lands of Corporations and persons, &c., though not in the Book of Reference 19 Lands Required by Company. Extent of, to be taken without consent of proprietor 23 Extent of public beach that may be taken 24 Of trustees, corporations and persons under disability, con- veyance of 24 ' Limitation, as to lands held by certain bodies and persons.. 24 Effect of sale in such case, and disposition of proceeds 24 Effect of contract before deposit of map 24 When Corporation cannot sell they may agree on a rent 25 When owned by joint tenants, &;c 25 When possession may be taken 29 Warrant of possession when issued, and terms 29, 30 When compensation to stand in place of 30 When incumbrances on it, procedure 30, 31 When Company to pay or receive interest on money paid into Court 31 When lands are Indian lands 31 When more required for stations, &c, Minister of Public Works to certify 31,82 When additional lands required [)roof of Minister of Public Works' certificate 32 See Arbitration. Lease. Interpretation of word 15 Level Crossings. >Sfr"e Crossings. 108 Index, FAOB. Lien of Dominion. Provision for discharge of. 2 Bonds held by Government not affected by discharge of. 2 *Se Index. 109 FAOB. . 2 . 2 .... 68 < / . ,) .. 21 .... 23 .... 22 .... 22 .22, 23 ... 22 .... 22 t • •• • ^A I • • ^O ■ • • • Zim .... 23 .... 23 .... 20 t M UNiciPALiTY. — Continued. 'Mil ''.•) May require Company to repair level Proceedings on default of Company. PAOK. level crossings '... 58 58 NAMfe OP Company. Norther^ Railway Company of Canada 16 Navigation. - . Company not to impede '... 65 Negotiable Instruments. See Bills and Notes. New Stock. See Capital. , , , , Northern Extension Railway Company. I Declared a work for general advantage of Canada See AMALGAMAI on. iNTERPRIfiTATlON OF WoRDS. Northern Railway. Declared a work for general advantage of Canada 14 Notices. • ■ . ■ Given by Secretary, valid 37 Not to stand on platform, to be exhibited conspicuously 38 See By-lav/. ',» I Oath. See Arbitraticn. Constable. , . . , j Obstructing Railway. - ' , Penalty for ;..... 68 Offickrs. Directors not to be 50 ( ' " to appoint....'.;...- > 50 Contravening By-laws, &c 6.9,70 I Offices of Company. ' i' ' Whereto be kept ;........ 4T Opening Railway. See Railway Committee. I Order in Council, . i ■ - • ■ ( Recited 13 I Orders of Railway Committee. f How notice of may be proved 65 i Owner. Interpretation of word 16 •'::''/ -M.r: J ! )i),f . -A / i ii. .'i i ■ ••' '>// -l.:t|ij Parliament. ' May annul or dissolve company 43 Passengers. :-i>r^''! < . ,..■ .<'! ,, ■,. /..,;.,, , Conveyance of i 20 /• Who do not pay may be put out 38 Injured on platform have no claim • 38 •( Notice to, not to siand on platform 38- I To use foot bridge where provided Qd '■ See Returns. Tolls. Working the Railway. ■ ■ • i Pei^altibs. Application of '70' I On persons obstructing free use of railway 68 To be guilty of a misdemeanor. ()8 On persons damaging railway 0>> To be guilty of a misdemeanor <>^ ,.( no- Ind^jc. Pknai.ties. — Continued. PAQH. '•• On persons placing obstruftion with intent to injure person 'i or property 68 To he guilty of a misdemeafior.... 68 If damage actually done, to be of a felony 68 I If any person killed, to l)e guilty j» manslaughter 68 When officers or servants contravene By-laws, &c 69,70 .( If person or property exposed to injury, to be deemed a mis- demeanor 69,70 For boring or cutting casks, cases, &c 69 See Cattle. Const vblk. Fines. Railway Committee. Personal Estate. Plans. Stock to be deemed 4, 5, 4 J Of wljarves, bridges, piers, &c., to be submitted to Rail- way Committee 6o . No deviation from plan to bo made without consent 65 Exception when special powers given 65 See Maps and Plans. Platform. See Notices. Possession of Lands. When Company may take, isee Lands rkquired by Com- >'.! PANY. Warrant of, See Lands jikquirkd by Company. . ... Postmaster-General. Mail contracts with 44 Powers. , , Defined '..'. ....".. 18, 31 Company may I'un vessels on Lake Simcoe and other Lakes.. 18 Preference Bonds. (SVc Capital. • •, ,, ..t Preferrntial Stock. See Capital. . ; _ , President, Election of. See Directors. Promissory Notes. (.Sfee Bills and Notes. ,, - ..:...•.< Proxies. Stockholders may appoint 49 See Directors. Public Works. See Lands. Minister of Public Works. Punishment. See Penalty. Qualification of Director. See Directors. • . > Quorum. See Directors. General Meetings. , , ' 'I .r ,: • Rafts. *See Tolls. , .. ,, ' ,, Railway, The. ^ InterpretH ti(m of words 16 Line of, rnay be changed 21 Of other Companies, Company may cross 19, 20, 21 Railway Committee. Appointment of, and duties 55 May appoint a Chairman and Secretary 56 Riiilway not to be opened till allowed by 55 Penalty for opening without notice or leave 65, 5b :r Index. HI 68 68 68 08 39,70 65 65 65 44 49 65 56 55 . 5t) :' Railway Committke. — Goatlnued. '. ,*.'., „. - PAOI. 5 * May cause roadway and works to be inspected 50 1. May condemn roadway, works, &;c 56 May order alterations an I' I''' PAOI. hf. J7. Fonn of (Schedule 1) 72 Minister of Public Worics may iiltor form 43 Sfs Railway CoMMrrfiK, RlVKRS. • ; ' ' ' 1 ,' *' Cornpany nofc it) inip« ■ • Power to en ter upon lands for purpose of. ...... 20 How made 21 1 'i 1 1 How altered 22 PAOI. 72 43 .1/ .....J... 65 18 m i ., 'F 54 h 65 37 69,70 37 ' .......15, 16 48 / \ ii » \ n 17 19 18 33,34 i' ;i 19 ........ 19 , 20 21 22 /nrfftB. SuuvBYS. — Continued. 118 PAOB. Must be concluded, and nmpH, &;c., deposited before railway begun 22 See Maps and Plans. SwiNu Bkidqes. See Bhidukh. Tkleoraph. Government to have control of, if required 42 Term of Offick. See DiuECToas. Tkhmini. Works on shoroH near 17 Thistles, Ground of Company to be kept clear of 67 Consequences of omission 67 Toll. Tolls. Inter[)retation of word 16 Not to be cliarged on Government vessels or those of Her Majesty 54 Power to regulate and receive 20 For passengers and goods to bo tixed by By-law 34 Enforcing payment of 34 Directors may fix rates of wharfage, &;c., for rafts, boats and vessels 86 May be reduced by Parliament 86 By-law iuiposing, of no effect till ap|)roveil by Governor 36 When UM|)aid for six weeks, Comi)any may distrain for 84 Sale of goods distrained, and application ot proceeds 35 Surplus after distress, how dispo.sed of 35 May be raised or reduced 35 Table of, to be stuck up in office and cars 36 To be approved of by Governor in Council 35 Table of, may be revised by Governor in Council 35 By-law fixing, to be published in Canada Gazette -85 Toronto, City of. To ajtpoint a director 48 Township, Doentures of. See County. Tracks. Com4iany has power to complete and keep in repair 19 Penalty lor riding or driving on 33 No (me to walk on 34 Traffic. Trains. Interpretation of word 61 Agreement with other Companies 60,61 See Arrangements. Returns. Railway Committe may limit number and speed of. 69 Speed of, through thickly peopled parts of cities, &c., not to exceed six miles an hour 66 Moving reversely, precautions to betaken 66 fSee Working the Railway. Index. FAQB. Transfer of Stock. See Capital. Trees. Power to fell and remove 20 Troops. See Army. Trusts. *^ Company not bound to see to execution of. 46 Undkutaking, The. Intrepretatiun of word 14 To consist of : 1. Mainline 16 2. Barrie branch 16 3. Extensions to Lake Huron and Georgian Bay.. 17 4. Harbour at Northern terminus 17 5. Works on shores near an^ terminus or station 17 6. Extension to Lakes Muskoka and Rousseau 17 See Extension Coaipany. Vacancies. See Directors. Vessels. See Tolls Her Majesty's free from Toll Vice-President% See Directors. Votes. See Directors. General Meetings. 54 Warrants of Possrssion. See Lands required by Company. Water. See Streams. Weeds. Ground of Company to ho kept cio ir of 67 Wharfage. See Tolls. Wharves. Erection of &c 19 Whistles. See WorkiJ^g the P^ailwav. Working Expenses. What to include 54 Interest of purchiisi' money, or rent of real propertj', to be deemed 67 See Returns. Working of Railway. Servants to wear badges 37 Trains to start at regular hours b7 Passengers and goods carriage of. 37 C .ecks affixing, and |)onalty f.r refusal 37, 38 Baggage cars to precede passenger cars 38 Provision as to bells and whistles 38 Intoxication of Conductor 38 Passengers may be put out who do not pay 3>S Pa.s.sengers injured on platform, proviso as to 38 Goods of dangerous nature 38 Company may refuse to take 39 See Railway Committee. Works. See Railway Committee. PAGE. 20 46 14 16 16 17 17 17 17 54 Y. 67 1.9 . •... 54 be 67 37 &7 37 . . 37, 38 38 38 38 38 38 38 39