IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I u& 1^ III 2.5 2.2 1^ M 111^ L25 1 1.4 1.6 ^ 6" ► V] <^ ^^ " / w# fi: ■e^^^y '> V Photographic Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 f/j t \ 9 4 CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notas/Notet tachniquaa at bibliographiquaa Tha Instituta has attamptad to obtain tha bast original copy available for filming. Features of this copy which may be bibliographically unique, which may altar any of the imajes in tha reproduction, or which may significantly change the usual method of filming, are checked below. 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Coloured pages/ Pages de couleur Pages damaged/ Pages endommag^as Pages restored and/or laminated/ Pages restaurias et/ou palliculies Pages discoloured, staineid or foxed/ Pages dAcolories, tacheties ou piquAas r~~| Pages detached/ Pages ditachies Showthrough/ Transparence Quality of prir Qualiti inigala de I'impression Includes supplementary materii Comprend du matiriei supplimentaire I I Showthrough/ r~~| Quality of print varies/ r~n Includes supplementary material/ Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc.. have been refilmed to ensure the best possible image/ Les pages totalement oi< partiellement obscurcies par un feuillet d'errata. une pelure, etc., ont M filmias A nouveau de facon d obtenir la meilleure image possible. 10X 14X 18X 22X 26X XX y 12X 16X 20X 24X 28X 32X ^^^ ^^^-^ ^'"smmv ■ ''. -■ f ■' ■ *' ails " ■;■ du tdifler une Tb« copy film«d h«r« has b««n r«produc«d thanka to tha ganaroaity of: D. B. Weldon Library University of Western Ontario (Regional History Room) L'axamplaira film* fut raproduit grica i la gAniroalt* da: D. B. WaMon Library University of Western Ontario (Regional History Room) Tha imagaa appaaring hara ara tha baat quality poaaibia conaidaring tha condition and lagibiiity of tha original copy and in Icaaping with tha filming contract apacificationa. Original eopiaa in printad papar covara ara filmad baginning with tha front eovar and anding on tha laat paga with a printad or iiluatratad impraa- sion, or tha bacic covar whan appropriata. All othar original eopiaa ara filmad baginning on tha firat paga with a printad or iiluatratad imprao- •ion, and anding on tha laat paga with a printad or iiluatratad Impraaaion. Tha laat racordad frama on aach microflcha shall contain tha aymbol — i»>(maaning "CON- TINUED"), or tha symbol ▼ (maaning "END"), whichavar appliaa. Mapa, plataa. charta, ate, may ba filmad at diffarant raduction ratioa. Thoaa too larga to ba antiraly includad in ona axpoaura ara filmad baginning in tha uppar laft hand comar, laft to right and top to bottom, aa many framaa aa raquirad. Tha following diagrama illuatrata tha mathod: 1 2 3 Laa imagaa suh^antaa ont At* raproduitaa avac la plua grand soin. compta tanu da la condition at da la nattati da l'axamplaira film*, at an conformit* avac laa conditiona du contrat da filmaga. Laa axamplairaa originaux dont la couvartura on papiar aat imprim*a sont film*s wn commandant par la pramiar plat at w\ tarminant soit par la darni*ra paga qui comporta una amprainta d'impraaaion ou d'illustration. soit par la sacond plat, salon la eaa. Toua laa autras axamplairaa originaux sont filmte an comman9ant par la pramiAra paga qui comporta una amprainta d'impraaaion ou d'iiluatration at an tarminant par la darni*ra paga qui comporta una taila amprainta. Un daa symbolaa suivants apparaitra sur la damiAra imaga da chaqua microflcha. salon la caa: la symbola — »> signifia "A SUIVRE". ia aymbola y signifia "FIN". Laa cartaa. planchaa, tablaaux. ate. pauvant Atra filmte * daa taux da rMuction diffirants. Loraqua la documant aat trop grand pour Atra raproduit mn un saui ciich*. il aat film* * partir da I'angia aup*riaur gaucha. da gauclw * droita. at da haut t\ baa, an pranant la nombra d'imagaa n*cassaira. Laa diagrammas suivants illuatrant la m*thoda. 1 2 3 4 5 6 f ■/■ --^rrJV' '■■" ., ■ . .,.. ■■, ' -J ' - - 1 (; *r BY-LAW No. 916 RESPECTING The London Street Railway Company Ml iloiilion, Oni. : THE I.ONHOM I'RINIINI! & I.ITHOORAPHINC. CO. ■89^ BY-LAW No. 916 KRHPROTINO THE Sandott <^tiiit«t |laihu;t|r ^am^mi^ WIIEHKAS tho Legislature i.f the I'mvince of Ontario, on the 29tli day of March, 1873, passed iin Act entitled "An Act to IncuriKnute the London Street Kailway Company," by which the said Conijiaiiy (hereinafter called the Coinjiany) are authorized and einpowereil to construct, niaintuin, complete and openitti a double or single Iron railway, with the necessary side tracks, switches and turn-outs, for the puasage of cars, carriages and other vehicles adapted to the same, \ij)on and along such of the public streets and highways within the jurisdiction of the Corporation of the C'ity of Loiulon (hereinafter called the Corporation) as the Company may be authorized to pass along, under and siilijcot to any agreement to be made betwi^eii the Council of the Corporation and the Coiiiiiany, and under ami subject to any iJy-law of the Corporation, and to take, transport and carry passengers and freiglit upon the same by tho force or jtower of animals, or such otlier powtu' as tlie Corporation may by By-law from time to time authorize to be used, and to construct and maintain all necessary works, buihiings and conven- iences therewith connected, and full power is given to the Director.ii to make all By-laws for the management of the Company. AND WIIKUKAS the Corporation iin I the Company are, by the said Act, respectively authorized to make and enter into any iimeenients or covenants relating to the construction of the said railway ; for tho paving, macadamizing, repairing and grading of tho streets or highways ; and the construction, opening of and r('])airiiig of drains or sewers, and tho laying of gas and water ))ipes in the said streets ivnd highways ; the location of the railway and the ))articular streets along which tho same shall be laid ; tho jjattern of tho rail ; the time and speed of running the cars ; tho time within which the works are to be commenced ; the manner of jiroceoding with the same, and tho lime (or completion and generally for the safety and convenience of passengers, the conduct of the agents and .servants of the Company, and the non-obstructing or impeding of the ordinary Iraflic. AND WHKUKAS the Corporation ire, by the said Act, authorized to pass any By-law or By-laws for the purpose of carrying into ell'ect any such agreements or covenants, and containing all necessary clauses, i)rovi.sioiis, rules and regulations for the conduct of all parties concerned, including the Company, and for the enforcing obedience thereto, and also for the facilitating of the running of the Company's cars, and for regulating the tratlic and conduct of all j)ersons travelling upon the streets and liighways tliraugh which the said railway may pass. AND WHEREAS the Council of tho Corporation, by By-laws passed respectively on the eighth day of ilarch, A. D, 1875, the tiiirtieth day of July, A. D., LN8.S. tho' third day of December, A. 1)., 188.S, and the twenly-sixtii day of August, A. D., 188',l, and the Councils of tlie Corporation of the Village of London Kast and of the Corporation of the Town of London Efist (which Town has been annexeil to and now forms part of the said City of London) and the Council of the Corporation of the Township of Westminster (a portion of which said Town- ship of Westminster has been annexed to and now forms Ward No. IJ (jf the said Cityi, and the Council of tho Corporation of the County of Midcllesex, by certain By-laws, conferred certain rights and privileges upon the Company, subject to the conditions contained in such By-laws, and it was thereby provided tli it the privileges granted to tho Company should extend for the period of fifty years from tho eighth day of March, A. D., 1875. AND WHEREAS it is, by the said i5y-laws, provided that tho cars to be used on the said railway shall be drawn by horsjs or mules only, and the Company and the Corporation desire that the t'ompany should constnu't a surface Electric Street IJailway, on the trolley system, in i)lace of their present railway, oii the streets hereinafter mentioned, and it lias been agreed between tho Company and the ( 'ovporation that the said liy-laws shall be consolidated and amended so that the same shall read as this By-law reads, and all portions of the said several By-laws inconsistent herewith shall be repealed. Itecit al of Act of Incor por Ik 1 1 o n of To in puny. Corporatliin and Companjr may make aKreomentH uh to pavinx, grading, etc. Power of Corporation to pasa By-law», Dates of By- laws passed under Act ot 1873. Ki'cital UK to motive power. HK IT THKKKFOUE E^fA(JTKl) by the Municipal Couiioil of the Corporation of the City of Ix)ndon, as follows :— 1. Tlie consent, permission and authority of the Corporation Is hereby given ai-d granted to the Coniiiany to construct, comiilutu, luuintiiin und operate, during the remainder of the term of Hfty years from the eighth day of Marob, A. !>., 1N75, a surface Kloctric Street Railway, on the trolley system, consisting of double tracks, with necessary cross-overs, or single tracks with necessary side tracks, turn-outs or switcbtts, for the passage of cars, carriages and other vehicles adapted to the same upon ami along the streets of the said City of London, mentioned in Hub-section 2 of Section fiO of this Uy-law, and to erect all necessary i)oles and wires, electric appliances and overhead construction along such streets for the completion of the railway on the trolley system and to oi>erattj such railway by running cars thereon by means of electricity as the motive power, during the term herein si)ecifled, upon and subject to the conditions and agreements hereinafter luuntioned or contained. 2. The construction of the said Klectric Street Uailway shall be commenced immediately after the passing of this By-law, and shall be continued thereafter without unnecessary inter- ruption or delay, andthesuid railway shall Ite completed, und the electric cars running eillciently, and the whole of the works in full o|K3naion upon all the streets and portions of the streets mentioned in Subsection 2 of Suction 50 of this lly-law, within eighteen months of the passing of this By-law, in default of which all of the privileges granted to the Company by this By-law shall cease, determine, and Ix; at au end, and in that event the Corporation may exercise the other powers contained in Section TiCi hereof. Provided, however, that nothing herein contained shall bind the Company to build their said railway on Kichmond Street, from St. James Street north to the northern limit of the city, unless or until the Company "r the Corporation has obtained the consent, permission and authority to do so from the Proof Line Koad Company, on terras not more stringent or onerous upon the Company than those applicable hereunder to that portion of Uichmond Street south of St. James Street, if such permission and authority be reijuisite, and the same be duly sought by the Company. 3. The tracks of the said railway, and all works necessary for constructing and laying the same, shall be built and made in a substantial manner, and according to the best modern practice, under the supervision of the ( 'ity Eiiyineer for the time being, and to the satisfaction of the said Engineer; and the streets in which any work is done by the Company shall, by and at the expense of the Company, who shall furnish at their own expense all necessary materials, be left in as good a state and condition, and to the satisfaction of the said Engineer, when the rails are laid, and the other necessaiy work of the Company is done, as they were at the time they were broken up, opened or interfered with by the Company, and the said Engineer shall be the judge as to the said best moderti practice, and his decision in ilie premises shall be binding on the Corporation and the Company. 4. The said railway shall be of the gauge of four feet, eight and one-half inches, and the rails shall be what are known as grooved girder rails, to weigh not less than 61) lbs. per yard, and of such pattern as shall be approved of by the said Engineer, and shall be laid, kept and maintained flush with the said streets, and in such manner as shall least obstruct the free and ordinary use of the streets, and the passage of vehicles and carriages over the .same. 5. The said railway shall, unless otherwise directed by By-law of the Council of the Corporation, be laid, if and where a single track shall be used, in the centre of the street, and if and where a double track shall be used, so that the inside rail of each track shall be within two feet of the centre line of the street. 6. (1) The tracks shall conform to the grades of the several streets upon or along wliich the same shall be laid, as the same are now, or shall hereafter be established or such other grade as the said Engineer shall direct, and shall not in any way alter or change the same or vary therefrom, and the said Engineer shall witliiu four weeks after the request in writing by the Company to do so give the Company the grades and such notice shall be sutticiently given if mailed by registered letter addressed to the said Engineer at the said City of London. (2) Wlienever in this By-law the words "track allowancea" are used the same shall mean all the roadway between the rails and the space of eighteen inches outside of each Aiitho ritf ■ranted to Coni|ian7 to ooniitniol and oiinrate >n Kl. Hl.Kr.-trolli)jr •ritdin. Time within wliich RIootrlo »j»lnn m u a t M oom|iiet«d. ProviHOMta Kichmond St. mirth of St. Jamua Ht. Conitruction to be under HuperviRion of Clt7 Knglneer. Company to f umiah mater- ials, and leave Htreete in good condition. Oauge or railway, and quality of rail. Rails to be flush with Htieet. Traolts -where to be laid on street. Tracks, and grade. s of streets. Grades fur- nished by City Engineer. I IV i; rail where single tracks are or shall bo laid, and, where double tracks, y's, turn-outs, switches or sidetracks are or shall be laid, the words "track allowances" shall mean the whole space between the rails of the doul)le tracks, switches, side tracks, y's and turn-outs, and between the double tracks and between the tracks of the y's and between the tracks and the switches and between the tracks and the turn-outs and eighteen inches outside of the outer rails of such double tracks, y's, turn-outs, switches and side tracks, and, where loops are or shall be laid, the said words shall mean the roadway between the rails and the space (>f eighteen inches outside of each rail. (3) If the grade given by the said P^iigineer conforms to the existing surface, or is above the same, the Company shall, at tlieir own exi)ense, make up the " track allowances " to the required height, and put the same in giHjd condition under the direction and to the satis- faction of the said Engineer, and, if the gnule so given be below the existing surface, the Company shall, at their own expense, lower the " track allowances " in such manner as the said Engineer shall direct, so that the said street may be made and kept in a fit and proj^er state for public travel and to the satisfaction of the said Engineer The Company shall, in restoring the streets, use similar material to that of which the roadway is composed, to the satisfaction of the said Engineer, removing all rough stone and diit, and shall roll and make the surface finn and compact, to the satisfaction of the said Engineer. (4) All the work and material necessary to be done and supplied by the Company in order to comply with the provisions of this section shall be done and supplied under the super- vision and to the satisfaction of the said Engineer. 7. (1) The '• track allowances " shall be paved, macadamized, or gravelled, conforming in that respect with the roadway on each side thereof, by and at the expense of the Company, when and as their system is being changed under the provisions of this By-law, and when and as their rails are being laid or re-laid ; and tlie " track allowances " shall be kept and maintained by the Company, during the continuance of this By-law or of the extension of the Company's rights thereunder, level with the rails, and free from ruts, hollows, depressions or defects of any description, and in thorough repair, to the satis- faction of the said Engineer, or renewed from time to time by the Company at their own expense, to the satisfaction of the said Engineer, all the materials to be furnished by the Company, and to be satisfactory to tlie said Engineer, and all the said work to be done to his satisfaction and when and as required by him (2) The Company shall construct and maintain in good repair, crossings, similar to those for the lime being in use by the Corporation on the said streets, at the intersection of each railway track with any street which the sanio sliall cross, to the extent of the width of the " track allowances," the materials to be furnisluMJ by the Coinpauy. (3) Whenever the Company break up, open or interfere with any street, the same shall be restored by the Company, at their own expense, to its previous condition, under the super- vision and to the satisfaction of the said Euyinoer, and with all practicable speed, as to which the said Engineer shall be the judge. 8. While the rails are being laid, ur any of the works of the Company ere in course of construction or rejiair, the Company shall cause a free passage to be kept open for carriages and vehicle.*, and all surplus street material sliall be either removed or spread over the street, from which the same shall be taken, a.s shall be directed by the said Engineer. 9. The Corporation, the Council of the Corporation, the Water Commissioners for the City of London, and their respective oftieevs, servants and contractors, shall have the right to take up the streets, and remove the Conijiany's tracks therefrom and from the bridges of the Corporation, traversed by the said railway, either for the purpose of altering the grades thereof, constructing or repairing of drains, sewers or culverts, or laying down or repairing gas or water pipes, or for any other purpo.50 for the time being within the powers, privileges, duties or obligations of the Corporation, without being liable to the Company for any damage that may ' be thereby occasioned to the said railway or the works coiuiected therewith or the working thereof or to the Company, and the Corporation shall not be liable to the Company for any damage the Company may sustain from the breakage, leakage, or stoppage of sewers or water pipes, or from the exercise by the Corporation of any of their said powers. "Track allow- anci'8," mean- inK of. Duty of Co. aH to grade* within "track allowances." Material to be used in co n - struction, etc., to be Rimilar to balance of roadway. Material to be approved of by City Engi- neer. " Track aUow- ances " to con- form to grade of roadway. And be made and repaired by >'.o. at its expense. Crossings. Duty of Co. upon breaking up roadway. PafisaKO of vehicles dur- ing conntruc- tion. Rights of Corporation, Water C o m - missioner x, etc., to open streets. Without being liable to Co. 10. (1) Whenever it shall be deemed expedient by the Corporation or the Council thereof under the provisions of the local improvemeut clauses of "The Consolidated Municipal Act, 1892," or under any other act or authority to pave or re-pave, whether with materials different from what are now in use or not, any street or portion ufa street, upon or along which the railway tracks of the Company, or any of their ^ r shall be laid, the " track allowances " shall at the same time that the paving or re-paviu^ leing done on the adjoining portions of the street be paved by and at the expense of the Company, with the like materials, or such other materials as shall be approved of by the Council of the Corporation, and in the same manner as the adjoining portion of the said street is so paved or re-paved, and to the satisfaction of the said Engineer, the Company furnishing the materials, and the specifications for all such paving or re-paving to be done by the Company, including the foundations therefor, under the provisions of this sub-section, shall be submitted to and approved of by the said Engineer before any of the said work is commenced by the Company, and thereafter the same shall be paved and kept in repair, to the satisfaction of tlie said Engineer, by and at the expense of the Company, the Company furnishing the materials, and the Company shall be responsible for and make good to the Corporation all loss, damages, costs, charges and expenses which the Corporation may incur or be put to by reason of any failure of the Company to conform to the provisions of this sub-section, or any delay on the Company's part in so doing. (2) It shall be the duty of the Company, whenever any street, or portion of a street, is to be so paved or re-paved, to take up its tracks and substructures thereon, if and when ttie said Engineer shall deem it necessary to do so, and re-lay the same according to the best modern practice and to the satisfaction of the said Engineer. 11. In case the Company shall fail fo do to the satisfaction of the said Engineer any work or thing which, by the terms of this By-law hereinbefore or hereinafter contained, they are to do, or in case the Company shall fail to keep in a proper and sufhcient state of repair the several tracks of the said railway or those portions of the streets which it is herein provided that the Company shall be bound to keep in repair, or the said crossings, the said Engineer may give written notice to the Company (which may be served by leaving the same at the office of the Company in the said City of London, or by mailing the same by registered letter addressed to the Company at the said City of London), sjH'oifjing in general terms the nature of the work or thing which the Company has failed to do, or the approximate locality of any such want of repair and, if the Company shall not, within .seven days thereafter, have done such work or thing, or put in proper repair such track, street or crossing, to the satisfaction of the said Engineer, then such work or thing may be done and such repairs may be made by the Corporation, or the Council thereof, at tlu' expense of the Company, and the amount so expended may be recovered from the Company in any court of competent jurisdiction, and, in case of the failure of the Company to pay the same for the period of two months after the recovery of a judgment for any amount, all rights and privileges hereby, or by any Agree- ment or By-law of the Corporation, heretofore or hereafter granted to the Company, shall cease, determine and be at an end, and in that uveut the Corporatio'- may exercise the other ])owers contained in Section 5(1 hereof. Provided that such delay shall not relieve the Company, iu any case, from their liability, under the provisions of this Hy-kw, to indemnify the Corporation against loss or damage arising from the default or neglect of the Company to do the work, or thing, or make the repair, in respect of which such notice shall be given. 12. No part of the said railway shall be opened to the public or put in operation until the said Engineer shall have given his certitii-ate in writing that such part is in good condition and has been constructed in all resjiuets conformably to the provisions of this By-law. 13. (I) Before breaking up, opeuiiii; or interfering with any part of the said streets for the purpose of constructing or re-constructing tlu' said railway, or any part thereof, the Company shall give to the said Engineer for the time lieiiiy ten days' notice, in writing, o.' their intention so to do, and no more than three thousand lineal feet of the .said streets shall, unless authority from No. 2 Committee of the Council of the Corjioratinn. or sueli other Committee as may have charge of the streets, to do so shall be first obtiiiiied, be broken up or oj)ened or interfered with at any one time, and, wlien the work theivnii shall have been commenced, the .same shall be proceeded with without intermission oi' delay, and as rapidly as the same can be carried on. Companjr to pave trao k allo'.vances" Blmllar to bal- ance of road- way at its own expense. And to keep same In repair. At time of paving, Co. to re-lay trac k s if required. In case of neglect of Co. to repair. Corporation may do same at expense of Company. Certificate of Kngineer necessary be- fore opening of road to public. Length of struct that may be opened at one time when con- atructing Ry. t y^ •I with due regard to the proper and efiicient construction, or re-construction (as the case may bo) of the same, and subject to tlie supervision and to the satisfaction of the said Engineer. (2) Before commencing any other woriv of alteration or any repair the Company shall give to the said ilngineer notice of their intention so to do and no .nore tiian 100 lineal feet of the streets shall, without his authority in writing, be broken up or open at any one time or place and, when tiie work of such alteration or repair shall have been commenced, the same shall be pro- ceeded with without intermission and as rajjidly as the same can be carried on with due regard to their proper alteration or repair, and subject to the supervision and to the satisfaction of the said Engineer. 14. During the construction or repair of the said railway or of any work in connection therewith due and proper care shall be taktiu to leave sufficient space and crossings, so that the trathc on the said streets and other streets running into or crossing the same shall not be unnecessarily impeded and that the watercourses of the said streets shall be left free and unobstructed, and lights, barriers or watciiinen and all other efficient mean and precautions shall be provided, taken and kept by tlie Company, when and where tlie same shall be necessary or shall be required by the said Engineer and to his satisfaction, to prevent accidents or injury. 15. It shall be lawful for all and every person or persons whatsoever to travel upon and use the said tracks, except for street railway purposes, with horses, carriages or other vehicles, loaded or not, when and so often as they may please, so that they do not unnecessarily impede or interfere with the cars of the Company running thereon. 16. The Company shall construct, maintain and operate their system without causing any injury to or interference with any system of waterworks, telegraph, telephone, electric light, gas, fire alarm or other service now or hereafter having the use of or !,eing operated in, upon or under any of the streets of the said City of London, and shall be liable for all damages arising from or by reason of the construction, maintenance or opi ■ ation of their railway system, and shall from time to time adopt and use the bust modern means, satisfactory to the said Engineer, to prevent any such injury or interference as aforesaid, and, should the Company fail to adopt and use such means, the Corporation may adnjit and use the same and charge the cost thereof to the Company, who shall pay the same to llie Corporation on demand. 17. (1) The Company shall indenuiily and save harmless the Corporation at all times from all loss, damages, costs, charges and expenses of every natiu'e and kind whatsoever which the Corporation may incur, be put to or hav. to pay by reason of the exercise by the Company of their powers, or any of them, or by reason of neglect by the Company in the executing of their works, or any of tliem, or by reason of tlie improper or imperfect execution of their works, or any of them, or by reason of the said Wdiks becoming unsafe or out of repair, or by reason of the neglect or failure of the Company to remove any snow or ice, which it is tlieir duty to remove under the provisions of tliis r>y-l;iw, or by reason of the neglect, failure or omission of the Company to do or permit anything lierein agreed to be done or permitted, or by reason of any act, default or o.aisson of the Company or otherwise howsoever; and, should tlie Corporation incur, pay or be put to any such loss, damages, costs, charges or expenses, tiie Company shall forthwith, u])on demand, ivpiiy tiie same to the Corporation. (2) The Company sliall, by the use of guard-wires or other sulHcient means, protect all the city fire alarm wires, and all telegraph, electric light, telephone and other wires, from contact with the electric wires which may be used by the Company for the working of their railway. The said Engineer .shall be the judge as to the suHicieiicy of the means from time to time to be adopted for the purposes aforesaid, ami his decision in the premises shall be binding on the Corporation and the Company. 18. (1) The Company shall place and continue on said railway new combination motor cars of the same pattern, and equal in finish and equipment to those now used on Euclid Avenue, in the City of Cleveland, in the State of Ohio, and the same shall be in every respect equal or superior to the said cars; the Company for this purjjose to have the right to build loops, y's, liength nf St. to be open- ud in caie of repairs. Trafflc on streets, and protection t o public at time of ronstmct- ing or repair- ing. Tracks of Co. may be used by public. Co. not to in- terfere with waterworks or other ser- vices. Co.to indem- nify Corpor- ation from loss, etc., caused by con- struct in K or operating Uy. Protec t i n for Are alarm and other wires. Style of car. 6 or turntables at the end of each route ; and all cars, whether motor cars or not, used by the Company shall contain all the modern improvements, for the convenience and comfort of passengers, including lighting and heating', and shall be lighted and heated at such hours and for such periods of the year as the said Engineer may from time to time recjuire, and to his satisfaction, and the i)latfortiis shall be provided with gates or bars and each car shall be supplied and maintained with fenders of the most improved design, for the safety of the public, and with vestibules for the [irotection of the motormen, all such gates, bars, fenders and vestibules to be satisfactory to the said Engineer, and the Company shall run the cars on tlieir said railway and provide such service as, in the opinion of the Council of tlie Corporation, the public convenience may, from time to time, require, tinder such directions as the Council of the Corpo^'ation may from time to time prescribe ; the said oars shall be kept clean inside and out, and no business signs shall be carried on the outside of the cars except hanger-s advertising entertainments, and the Company shall improve their cars from time to time in accordance with the improvements iu use on the best-equipped lines. All questions as to the cars to be used and improvements therein arising under this section shall be determined by the said Engineer. (2) Cars shall not be crowded (a comfortable number of passengers for each class of cars shall be from time to time determiuud by the said Engineer, and approved by the Council of the Corporation) ; and no greater number of passengers shall be carried upon or permitted to be in any car than the number so authorized, if any passenger on board the car objects and calls the attention of the conductor to the crowding. 19. If the Company shall at any time ])ermit any portion of the railway, or that portion of the roadway which is to be kept in rejjair by the Company, to become out of repair, or in such condition as in the opinion of the said Engineer it ought not, having regard to the terms of this By-law, to be, the said Engineer may give to the Company written notice (which may be served by leaving the same at the office of the Company in the said City of London or by mailing the same by registered letter addref.sed to tlie Company at the said City of London), specifying iu general terms the approximate locality .so by him considered to be out of repair or in such condition, and, if the same .shall not liave been within seven days thereafter put in proper repair and condition by the Company, to the satisfaction of the said Engineer, then the Company shall not, if so required by the Corporation, operate such part of the railway as may be reported by the said Engineer to be, or may adjoin the said portion of the roadway so reported to be out of rei)iiir, or not in such proper condition, until the said Engineer shall have certified that all necesssry repairs and changes have been made to his s itisfaction. Provided that such delay shall not relieve the Company, in any case, from their liability, under the provisions of this IJy-law, to indemnify the Corporation against loss or damage arising from the default or neglect tiF the ('ompany to do the work or thing or make the repair in respect of which such notice shall be given. 20. (1) Tlie privileges granted by this By-law shall extend until the eighth day of March, 1925, and the Corporation may, after giving at least one year's notice, prior to the expiration of the said term, of their intention .so to do, assume, at the expiration of the said term, the ownership of the said railway of the Company, and all real and personal property used or employed in connection with the working thereof, on jiayment of the value thereof, to be deter- mined by arbitration, and any arbitration under this section shall be subject to the provisions of "The Consolidated Municipal Act, lS'.t2," and of the Act respecting Arbitrations and References, or any Acts substituted therefor or for ths time being dealing with the said matters and the arbitrators shall have all the powei's of arbitrators appointed under the said Acts, and each party shall pay half the costs of the aiintration. (2) After the Corporation shall have given such notice, they may at once proceed to arbitrate under the conditions in that behalf, and Iwlli the Corporation and the Company shall in every reasonable way facilitate such arbitration, luul the arbitrators appointed in the matter shall proceed so as, if possible, to make their aw.ud not later than the expiration of the said term ; but, if from any cause the award shfvll not be miule by such time, or if either party be dissatisfied with the award, the Corporation may, nevertlu'le-is, take possession of the said railway and all the prop- erty and clfects thereof, real and jjersonal, neces.sary to be used or employed in connection with the working thereof, on itaying into t'ourt tlie amount of such award, if the award be made, or, if not, on jaying into Court, or to the Ci)iiii>ai!y, such sum of money as a Judge of the High ContrivanocA for safety of pubUo. Bub t neaa Higna. Crowding of oara. Provision in case of Rail- way or "tracic allowanceH" being out of repair. Liability of Co. to remain. Corporatio n may ass u m e ownership at end of term, upon notice, And subject to arbitration. Coriioration may as s u m e control, if award not made before end of term. Court of Ju^^''0 may, nfter notice to tlie Coiuptiiiy, order, nnd, upon and subject and according to si.- .. terms, stijjulations and conditions a^: tiio said .Fudge shall, by bis order, direct and ])rescril)e, provided always that the rights of the piirtios, excei)t in so far as herein specially provided, shall not be afl'ected or prejudiced tiiereby. In determining such value, the rights and ])rivilegt's hereby granted, and the revenue, jiroilts and diviilends being or likely to be derived from the enterprise, are not to be taken into consideration, but the arbitrators are to consider only the actual value of the actual and tangible property, plant, pavements, equip- ments and works connected with and necessary to the operation of the said railway, which is not to include any land, property or rigiits aaiuired or used in connection with the said railway and which do not actually form a part of the said railway undertaking or are not necessary to the carrying on of the same, but no allowance shall be made in respect of pavements except such only as shall be hereafter constructed by the Con)pany under the provisions of Section 10 of this By-law, and in arriving at the allowance for such pavements due regard shall be had to the average life of such pavements and their state of repair and condition at the time of the arbitra- tion, and the original cost shall not be estimated higher tlian the price paid by the Corporation for the same class of pavement on the same street laid by the Corporation at the same time, and the arbitrators shall allow the Company for the bridges and superstructures which shall be con- structed by the Company under the provisions of Sub-sections 1, 2 (a), 2 (b), :> (a) and 3 (b) of Section 49 hereof, regard only being had to tiie value of the said bridges and superstructures as structures and to their state of repair and condition at the time of the arbitration, less one-half of the value of the superstructure of Victoria Bridge as found by the said arbitrators if the same be constructed by the Company under the provisions of the said Sub-section 2 (a), and less also one-half of what shall be allowed by the said arbitrators for the superstructure mentioned in Sub- section 3 (a) of Section 49 hereof, if the same be consttucted by the Company under the pro- visions of the said sub-section 3 (a). (3) In arriving at such value the arbitrators are to consider and award only the value of the said several particulars to the C'orj)oration at the time of the arbitration, having regard to the requirements of a railway of the best kind and system then in operation and applicable to the said city. (4) In the event of the Corporation nut exercising at the expiration of the said period of fifty years from the eighth day of March, A.D., 1875, the right to take over the railway and che real and personal property necessary to bo used in connection with the working of the said railway, the Corporation may, at the expiration of any fifth year thereafter, and so at the expiration of periods of live years, reckoned from the expiration of the previous five y iP.rs, exercise such right, upon giving not less tlian one year's previous notice to the Con pany of their intention so to do; and the privileges, duties, obligations and liabilities hereunder of ihe Company shall continue until the ownership is assumed by the Corporation as aforesaid or possession taken under the provisions of this section as above mentioned, provided always that whenever the Corporation exercise such rigiit of taking over the said property, the provisions for determining the value thereof herein contained and the other provisions of Sub-section 2 of this Section shall apply mutatis mutauiHi in the same manner as if the Corporation had exercised their rights at the expiration of tlie said period of fifty years, that is to say on the eighth day of March, A. D, 1925. 21. The Company shall establish and lay down new lines and extend the tracks and street car service on such streets or \nuts thereof as may from time to time be directed by the Council of the Corporation within such iiciioiis (not being earlier than one year from the passing of the 15y-law or By-laws respectively) as may from time to time be fixed by a By-law or By-laws pa&setl by a vote of two-thirds of all tiie nieniliers of the Council of the Corporation, and all such extensions and new lines shall be regulatod by the same terms and conditions as are in this By-law contained, and tlie right to operate the same sliall terminate at the expiration of the term limited by this By-law with respect to the existing,' system. Provided that no such new lim' or extension shall render the ju'oportion of addition il track mileage to poiiulation more than one mile of track, exclusive of side tracks, switches, y's, loops, turntables and turn-outs, to every two thousand inhabitants of the city as now existing or hereafter extended, in excess of a population of 35,000, and the new line or extension shall be of single or double track according as the portion of the track to which it is to be added or connected is single or double. Each mile of double track How B r b I - trntord a h a 1 1 OHtlmato ac- tual value of plant, Pavements , And bridges. Value to be at time of ar- bitration. Provi 8 in oasu Corpor- ation does not exercise right to take over Ky. at end of term. Compa n y compelled t o extend lines, But not more than une mile to 2.000 in ex- cess of present population of 35,000. shall ho rocknncd an two niilcH of sin^lo track, hut Hide tracks, switches, y's, loops, turntahles and turii-outH shall not be included in nny sucli leckonin^, and lor the imrposes of this Ily-law except where otherwise provided the population as ascertained by the lust Dominion or Municipal Census, whichever shall he tlu' latest, shall be deemed the actual population, 22. In case the Company fail to estulillMli and lay down any new line as aforesaid and to o|)en the same fur trafllc, or to extend ami iiiuintiiii the tracks and service on any street or streets or parts thereof within such perioils us may Imj lixed as aforesaid, the Corpomtion,hy resolu- tion of the Council thereof, may declare that the Company lias forfeited all privilegeis and rights which it may have acquired by this By-law or any other IJy-Iaw heretofore or hereafter |)assed or by any ayteement with the Cnrporatioii heretofore or hereafter made and may repeal the Hy-laws connected therewith, and the said privileges and rights shall be forfeited accordinjily and the said agreements resniuded, and in such case the Corporation sholl have the right to reipiire all obstructions and materials placed in said streets by the Company under any agreement to be removed therefrom and tlie said Street" to bo put in as good condition and repair as they were before the said materials and obstructions were placed thereim, ami the expense thereof shall be paid to the Corporation by ihe Company ; and the Corporation shall also have the right to run the said liailvvay and to grant the same rights and privileges to any other Company, free from all chargps or lialdlities for damage on account thereof. No new lines, or extensions of existing lines, shall be opened for trallic until the Company shall have obtained a certificate in writing from the sjid Kiigineer that the same have been constructed to his satisfaction, and in accordance witli the terms of this l?y-law. '2.'i. The Company, in changing their system and performing the other work provided for by this By-law, and in maintaining and operating their railway, will, so far as is practicable so to do, employ residents of the City of London. 24. No more switches, side tracks and turn-outs than are necessary shall be laid and not more than one of any or either kind in a distance of fifteen hundred lineal feet (except at curves on lines where the track changes its direction from one street to another, at which jJaces the Company may lay double tracks around such curves under the direction and to the satisfac- tion of the said Engineer) without the consent in writing of the said Engineer, and any rails, curves, switches, side tracks, turn-outs or any j)ortions of the tracks or work not satisfactory to the said Engineer shall be forthwith made satisfactory to the said Engineer or removed by the Company at their own expense, and the street on which the same shall liave been laid restored to its original condition, to the satisfaction of the said Engineer. 25. The following rules and regulations in regard to the working of the railway shall be observed by the Company and the ollicers and servants thereof: (a). The cars to be used on the said railway shall ba proi)elled by electricity as the motive power, and smoking will be allowed on the rear two seats and rear platforms of open cars. (b). The Council of the (Jorporation may require that the cars used shall commence running as early as six o'clock in the forenoon of each day of the year (Sundays excepted) and that they shall continue to run for seventeen hours thereafter, but the Company may, at their own option, lun their cars for more than seventeen hours in each day. (c). The Company shall use only passenger cars, mail cars, cars used for the construction of the Comiiany's railroad whilst the same is being constructed, cars for hauling gravel for the Corporation, or for the maintenance of the Company's railroad, cars for street watering, snow- cars for the purposes mentioned in this By-law, and such other cars as the (.'ouncil of the Corporation may from time to time by by Liw permit; and all cars, of every description used by the Company, shall be used and run under and subject to such regulations as the Council of the Corporation may from time to time by by-law prescribe. (d). The Company may charge ami collect from every person, on entering any of their cars, for a continuous journey of any distance on tiieir railway, from any point thereon to any «ither point on a nuiin or branch line, within the limits of the City of London, as now existing or here- after extended, a sum not exceeding live cents, except for children under five years of age acconqianied by a ]>arent or other person having them in charge, such children to travel free ; and shall sell tickets at the i)rice of twenty-live cents for seven tickets, each ticket to entitle the holder to one continuous journey on the cars as aforesaid, between the hour when the cars Power of (,'oriiarutlon If Cii. (alln to Inj down new linex. Klectrloity. Smoking. Hours for running of earn. Car ■< that may be used by Company. Fari'K / Citli! enH ti> be t'mplnyed aa far aH poHglblo. ' '> Swit chori, sldv traokK and turn-oulK, laying of. \/ /, cotiunoiuM! running and 12 o'clock inidiiiKlit, mul sliiill nUo huU nnotlmr cIiihh of ticktitn at tliu ]iri(;i) of tWLMity-fl vu coiiU for iiiiiu tickuts, tlit; Mume to I'lilitlo tliu lioldor l(< out; contiiiiioiiM journey on the cars an afort'siiid, Wtwetin thu hourit of 6,:)0 a. in. and 8 a. ni., and iHttwuun tho liunrn of 5 and ti.DO ji. ni , and shall also curry ilul ' ii In'twuen the anos of live iind twelvts years lor a cash fare* of thrcu (u>nts and shall hoII tvvu i liildriin's tii^kuts, ^ood for ciiildrun Uttwcfii thu u^eH of fivH and lwtdvi« years, at the price of fivu cents, .iiid shall also carry free of char;^e all |>oli(;o constahk-N in nniforni.and all city tircnien in luiiforui or \v,' from a lini, health and water ins|ie( tors, und i ity di'ti'ctives weorin({ hadj^es; and the (,'oin|iany Nhall ^rant transfers without any additi nul churj^e lui doth adults and children, from any ])r)int on their linos to any other point thereon, within the limits uf tho C!ity of London, as now existing or lieicafter extended, fur a continiMus join iii'V, which is not u I'tnrn trip, and shall from time tu time make proper and sullicient arran>{emunts, to the satisfaction of the said Kn^ineer, for the purpose of such transfers The fares set out in this section shall not ap))ly to chartered or private cars. No person, save us aforesaid, and save also eiii|>loyees in the service of tho l'oiii|iany, shall he permitted to travel free upon any of the cars of the Company. (e). Cars running' in the same direction, or in opposite directions, un the sann track shall nut a|i|ir(mch each other within a distance of sixty feet, except in cases of accident or when it may he nece.ssary to connect them to^'ether, or at stations and turn-outs, and the rate of sjieed of all cars shall he from tinut to time suiiject to the direction of the said Council of the Corporation ; and the rates of speed mny vary on dillerent |)arts of the lines. (f). While the cars are turninj,' the corners of streets they shall be run at ,i rate of not more than three miles au hour. (k). No car shall be allowed to stop on or over a crossing or in front of any intersecting street except to avoid collision or to prevent danger to persons in the streets, or lor other unavoidable reasons, and no car shall be left or remain standing in the street a^ any time uidess waiting; for passengers, and no more than three cars shall be coupled together. (h). There shall be not less than two men in ( harge of each motor car, and at least one man in charge of each trailer or other car. (i). Careful, sober and civil agents, conductors and ollicers shall at u!l times be employed to take charge of the cars on the said railvay. (jj. It shall be the duty of the inotormen in charge of cars while on the road to keep a vigilant watch for all teams, carriages ami pi.Tsons on foot (and especially children) either ujion the track or moving towards it, and to stuji the car in the shortest time and space possible on the slightest appearance of danger. (k). The conductors shall announce to the passengers tho names of the streets and public squares as the cars approach them. (1). The conductors and motornien sliall bring the cars to a stop (when passengers request to get on or oil" the cars) at all street intersections and such other places as may be from time to time designated by the said Engiiucr, [jrovided that two stopping places are not so designated within a distance of 400 feet. (m). The conductors shall not allow any woman or child or aged or infirm person to enter or leave the cars while in motion. :ind no passenger shall be allowetl to enter or leave the cars on the left side (looking forward i ot the car. (n). The cans, after sunset, shall be jtrovided with colored signal lights of a dillerent color for each route and a bright head-light on every motor car, all to be approved of by tho said Kngineer, and each motor car shall Inive a gong attached to it which shall be kept ringing at all times when approaching a crossing or when necessary to give warning. (o). The cars shall be entitled to the track, and any horse or vehicle upon the track of the Conii>any shall turn out when any car odiues up so as to leave the track unobstructed, and any one i)laciiig an obstruction on the track, except as authorized by this Hy-law, or the driver of any vehicle refusing to turn out when vciiuested so to do by the motorman of any car, shall be liable to a penalty not exceeding ten dollar.s, and the costs of prosecution on conviction before the I'olice Magistrate, and such penalty may be imposed for every day that such obstruction may continue, but the imposition of any penalty under this liy-law shall not relieve the persons causing such obstruction from liability for damages or from any other liability or penalty imposed ('•rlKln par- III < III li<' >-mr- rli'il (ra* ot charKt. Hpari' lii>- twei'ii cani mi HaniB track . Hpeed at cor- neniof Ktri'ctH, HtoppsKe of OUT". NumlxT of, und dutle«o( por- Hon-' In cliarge of cafH. Signal lights. rtight-of-war fi)r cars. ' 10 by law ; but, if any person or persons shall have any cause to remove any building or other large and heavy substance, such person or persons shall be allowed reasonable and sufticient time between the hours of lip. m. and G a. m. to remove, load or unload the same without being liable to the penalty attached by this sub-section, provided that any person or persons before removing any building along or across the railway track shall first obtain the consent in writing of the said Engineer for such removal and shall give reasonable notice thereof to the President, Secretury, Manager or Superintendent of the Company and shall pay the Company the cost of cutting their wires and splicing them. (p). Ten hours shall constitute a working day and no employee of the Company shall be permitted to work in the service of the Company for a longer period than 240 hours in any lunar month. (q). Any conductor or other employee of the Company who shall request or demand from any passenger more than the fare prescribed by this By-law shall, on conviction thereof in the Police Court, pay a fine of not less than five dollars for each offence. (r). The Company shall keep a sufticient supply of tickets for sale at some place in the business portion of the City convenient from time to time for the public, and also upon all their cars in service, and they shall sell tickets to all persons desiring to purchase the same at the rates mentioned in sub-section '' d " of Section 25 hereof and each conductor or person in charge of a car shall furnish necessary change to the amount of $2, but not more, when required by any passenger. (s). The speed and service necessary on each main line, part of same or branch shall be determined from time to time and may be altered, changed or varied by the order of the said Engineer, approved by the Council of the ( 'orpovation, and all cars shall be run at such intervals as the said Engineer, with the approval of the Council of the Corporation, may from time to time determine. And the Council of the Corporation may from time to time, as they may see fit, by a vote of Iwo-thirds of all the members of the Council of the Corporation change or vary any route or routes adopteii or changed from time to time by the Company, and the Company shall thereafter run their cars according to the route or routes so changed or varied by the Council of the Corporation for at least six consecutive months, and the Company shall not make any change in any route move often than twice in any year. The Company shall furnish the Council of the Corporation with a written statement of the routes first adopted by the Company within six months from the passing of this Hy-law, and each and every change in such routes shall immediately after such change be notified iu writing by the Company to the Council of the Corporation. (t). When crossing any bridge of the Corporation or the Dverhead railway bridge on the Wharncliffe Highway and whilst within the distance of 100 lineal feet from any bridge of the Corporation or Company or the said overiicad railway bridge no car shall be run at a ;"fe of speed exceeding four miles an hour and not more than one car or train of attached cars shall at any one time be allowed to cross or bo upon any bridge of the Corporation. (u). The Corporation shall be at liberty from time to time by By-law or resolution to change the time fixed by sub section (d) of Section 25 hereof at between 5 p. m. and 6:o0 p. m., when the holder of a ticket purchaseil at the price of twenty-five cents for nine tickets shall be entitled to one continiimis journey on the cars as aforesaid, to such other time in the afternoon as the Council of the ('oi]M)ration may from time to time deem expedient to suit the convenience of the working classes returning from work, provided that the times between which the said tickets may be sn used as aforesaid and so fixed from time to time by the Corporation shall not exceed an liuur and a-half in each afternoon and all said tickets issued by the (Jompany before such ch:iii_L;e and not used at the time of sucii change shall thereafter be good only for the hours siilistituted by the Council of the Corporation as afore- said and between the hours of 6:30 a. m., iiiid S a. m. 2G. In case of a breach on the part (if the Company of any of the provisions of the foregoing regulations lettered h, c, d, e, f, g, li, k, I, m, n, p, r, and t, the Company shall pay to the Corporation for every day in which default or breach shall happen, as liquidated and ascertained damages, the sum of ten dollars, and, in case such breach of any of the said regulations lettered d, r and s shall continue for ten davs lifter notice in writing forbidding it shall havo been Proviso as to removal of buUdlngs, etc. Hours of labor ExccHaive far» Sale of tickets Speed and service. Subject to direction of Council. Speed at and upon bridges. Proviso for change of time for use of working men's tickets. Dam ages, etc., in case of default by Company. ¥1 11 given by the Corporation to the Company, the Corporation may put an end to the powers con- ferred on the Company by this By-law, or any other By-law or agreement heretofore or here- after passed or made, and in that event the Corporation may extrcise the other powers contained in Section 56 hereof. 27. The Company shall cause to be painted in large, plain letters, on a conspicuous place on the outside of each car, the number tiieieof and the name of the route or street along or upon which the car is to be run, so that such name and number may be readily seen and read by day or night, and to the satisfaction of the said Eiiginei ■ , and each person employed in running a car shall, when so employed, have his number conspicuously shown. 28. The Company shall from time to time adopt and use all the most improved safe- guards against and means of preventing accidents and injury in the working and running of their railway and the same shall be from time to time subject to the approval and direction of the said Engineer. 29. The location of the line of the said railway on the said streets and the position of the rails, switches, turn-outs and other works thereon shall be shown upon plans, with figured dimensions showing the distance of all their works from the side lines of the streets, which shall be submitted to the said Engineer and the Council of the Corporation, and none of the said works shall be commenced until the said plans Iiave been submitted to and approved of by the Council of the Corporation and the said Engineer. 30. The points, switches and appliances to be used by the Company in the construc- tion of the track, the radius of all curves and the position, location and extent of the switches, side tracks, curves, loops, y's, turntables and turn-outs shall be subject to the approval of the said Engineer, but the said Engineer sliall not limit the length of any switch or side track, if and where such switch or side track is allowed by him to be constructed, to less than 250 feet over all from outside points to outside points. 31. No motive power, other than electricity, shall be used by the Company except with the approval of the Corpi iation, unless in cases of accident or necessity and then only under the written permission of the said Engineer, when horses or mules may be used for the time so permitted by the said Engineer. 32. The Company shall not in any case connect any of their wires with the water pipes or service pipes or with any of the appliances in connection therewith without the consent in writing of the Corporation, and the Company siiall and will at their own expense remove any such comiections, whether made with such consent or not, when required to do so by the Corpor- ation, and shall and will make good to the Corioration all lo.ss, injury, damage and expense that the Corporation may have incurred or may be put to or incur by reason of the said connections having been made whether made With sucli consent or not. 33. It is hereby reserved to the Couiii il of the Corporation to make and tlie Council shall have the right to make such further rules, regulations, orders and By-law.s in relatiou to the repairs and operation of the said railway ;i> from time to time may be deemed neces.sary to protect the interests of the Corporation, or to provide for the safety, welfare or accom- modation of the public, but no alteration in these rult-s shall be made which shall have" the effect of impairing the substantial riglits of llie Company under this By-law. 34. Nothing herein contained shall entitle the Company to run their cars or operate their railway on Sundays, and the Company shall not run or permit any car to be run on their railway or any jjortion thereot upon any Sunday. 3"). Nm new line or extension or ailditional track shall be built by the Company on any of the streets of tlie said City of London except under authority first obtained by By-law of the Council of the Corporation. 3(1. (1) The iioles to be used for the ( oinpany's wires on Richmond Street from the Grand Trunk Railway Company's track to Centr.i! .\ venue, and on Dundas Street between Kidout and Wellington Streets, shall be iron and of lilt' mo.st inijiroved pattern, exce])t where the Com- })any shall, with the written consent of the said Engineer, and while they are so permitted, use the poles of any telej;raph or teiephoiu' cunipany, and on all other streets traver.sed by the Railway the Comiiany may use for tl:eif wiies fur said Railway, wooden poles, and the wooden poles used by the Company shall all be -iiaii;lil and perpendicular, and as nearly as possible Lettcrintr and number- ing of cars. Safeguards against acci- dents. Plans for lo- cation of line. Appllan CCS to be approved of by City En- gineer. Motive power. Protection uf water pipes. Council may make furtiier regulations. Sunday ser- vice I) 1' I) h i b- ited. New By-law fur further ex- tension. Pole- 12 ' I of the same shape aud size, and shall bo dressed throughout, and all poles, both iron and wooden, shall be painted throughout and shall l)e i)laced on the sides of the streets, unless otherwise directed by tlie said Engineer, and all the jioles of the Company shall be placed in such manner as to obstruct as little as possible the use of the streets for other iiurjKJses, and the pattern and description of all the said poles shall be approved of by and they shall be placed under the supervision and to the satisfaction of the said Engineer, and the poles shall be kept in repair and painted as aforesaid to the satisfaction of the said Engineer, and all earth and refuse placed upon the streets or any portion thereof in digging the post-holes and erecting the polb.s shall he immediately removed by the Company and, in default thereof, the same may be removed by tlie said P^ngineer at the expense of the Company and the cost of such removal shall be paid by tiie Company to the Corporation on demand. (2) In case any pole shall be placed or erected otherwise than in accordance with the provisions of this section, or shall not be kept in repair or be re-painted as aforesaid, the said Engineer or the Corporation may require it to be immediately removed and replaced by a proper one, or to be repaired and re-painted, and, in default of that being done, may remove such pole or remove and replace it by a proper one, or repair and re-paint it, as the case may require, at the expense of the Company ; but the said Engineer or the Corporation shall not exercise the rights by this sub-section conferred with respect to re-painting the poles or any of them until thirty days' notice in writing has been given by the said Engineer to the Company (which may be served by leaving the same at the office of the Company in the said City of London, or by mailing the same by registered letter, addressed to the Company at the said City of London), requiring the Company to re-paint the said poles or pole, nor if the ("ompany, within the said tiiirty days, re-paint the said poles or pole to the satisfaction of the said Engineer. 37. Where, in case of fire, the Chief Engineer or person there in charge of the Eire Brigade, or portion thereof there engaged, shall deem it necessary, he shall have the right to cut or pull down any wires of the Company which in his judgment obstruct the operations of the Firemen, or to direct that they shall be cut or pulled down, and also to require the Company to stop tlie running of their cars to or near the building or buildings which may be on fire, or the fire engines, hose or other appliances in use at such fire, and the Corporation shall not be liable for any loss or damage caused thereby. 38. (1) The Company shall, at their own expense, from time to time remove from such streets or portions of streets as the Council of liie Corporation may from time to time by by-law direct (not exceeding in all under this sub-section two miles in length thereof),from curb to curb, and where there are no curbs, from sidewalk to sidewalk, the snow and ice which shall fall or form thereon, and the snow and ice which .shall fall or form on the roofs of buildings on such streets and fall or be removed therefrom and be deposited on such streets and the snow and ice which shall fall or form on the sidewalks of siieli streets and be removed therefrom and deposited on such streets. Provided, however, that snow to such depth as may be from time to time determined by the said Engineer shall be left on the roadway outside of the " track allowances" for sleighing. Provided also that the Company shall not be compelled to remove any snow or ice under the provisions of this sub-section, unless the dei)th of the snow or ice exceeds six inches, and then only to within six inches of the surface of the roadway. (2) The Corporation may from time to time change the streets or portions of the streets from which the snow and ice shall ba so lenioved by the Company, provided that the total length of streets or portions of streets from which the snow and ice is to be so removed does not exceed the total lengtli of streets or portions of streets provided for by Sub-section I of this Section, but no sucli change .shall, if made after the first snowfall of a winter, come into force until the following,' winter, and in the meantime the former streets or portions of tiie streets shall govern. (oj In the event of the Company neglecting to remove the snow and ice from the said streets as and when directed by the »aid Engineer, the same may be renxoved by the said Engineer acting on behalf of the Cor|)oration, and the cr,t of such removal shall be paid by the Company to the Corporation on demand. The Company shall not deposit any of the snow or ice so removed on any of the streets of the City without the written permission of the said Engineer. Must painled l>e and apprnvod of hy Uity Kn- Klneer, Pro^-iso In oasu of default by Company with regard to pole.'i. WireH may be cut at time of flre, etc. Removal of snow or ice. Council may designate Stu. whert' C o. t o remove snow. Prov i 8 o in case of default by Co. to re move snow. J i I 13 I I i (4) The Company shall not use salt for the removal of any snow or ice. (5) The total length of the streets or portions of streets from which the snow and ice shall ba removed by the Company, as by Sulvsection I of this Section provided, may be increased by the Corporation according to the growth of the population of the City, as now existing or hereafter extended, to the extent of otie-riuarter of a lineal mile of street for every four thousand increase in population of the City as now existing or hereafter extended, the population of the City for the purpose of this sub-section to be deemed and taken to be now 3r.,ooo. (0) Should the Corporation desire to remove the snow and ice from any of the other streets traversed by the said railway or any portion thereof, not provided for in Sub-section 1 of this Section, or the extensions made as provided by the next preceding sub-section, the Company shall be bound to furnish from time to time free of charge, when reejuired so to do by the Council of the Corporation or the said Engineer, snow-cars for the purpose of removing the snow and ice from such other streets or portions thereof, and, when and so soon as the same shall be loaded by the Corporation or its servants or workmen, to haul the same free of charge to sucli place or places on their line of railway as the said Engineer shall direct, and the Corporation shall un- load the said cars. Provided that the hauling of such cars shall not interfere with the general traffic of the Company, but the Corporation may require tlie use of the said cars and the haul- ing of the same by the Company as aforesaid between the hours of lip. m. and (5 a. m., and in such events this proviso shall not apply. (7) Provided, however, that the Company shall not be bound to furnish cars as by the next preceding sub-section provided whilst the same are actually and necessarily being used by the Company for the removal of the snow from the " track allowances." 3!). Nothing in tlie next preceding section contained shall be deemed to authorize or permit any person to deposit on the streets of the City any snow or ice removed from the roofs of the buildings. 40. (1) Whenever the Company shall remove any snow or ice from the " track allowances " or any part thereof, the same shall be entirely removed by them from the streets or shall be evenly spread over the streets of ihe City, under the direction and to the satisfaction of the said Engineer, if and so long as the said Engineer directs the Company by notice in writing so to do, and wherever the snow or ice is removed from their tracks, the Company shall, when removing the same, slant down the adjoining snow and ice to such a distance outside of their tracks as to make the streets safe and convenient for tlie travelling public and to the satisfaction of the said Engineer. (2) In the event of the Company at any time neglecting to perform the work in the next preceding sub-section mentioned aa therein provided, and as and when directed by the said Engineer, such work may be done by the said Eugin t acting on behalf of the Corporation, and the cost of such removal shall be paid by the ('ompany to the Corporation, on demand. 41. The Company may, under the supervision and to the satisfaction of the said Engineer, lay sucli curves, switches, loops, y's or turn-outs as the said Engineer shall deem necessary for the purpose of connecting their operating tracks with their power houses, car barns, storage slied.s, yards or repair shops. 42. All workshops, principal repair shops ainl car sheds of the Company shall be and con- tinue, during the continuance of this By-law, or tiie extension of the Company's riglits there- under, in the said City of London. 48. In tiie event of any other jierson, iiersous or company i)roposing to construct a railway or railways on any of the streets of the said City of London, other than the streets and portions of the streets mentioned in Sub-section 2 of Section 50 of this By-law, the matter and substance of the proposal shall l)e notified to tlie C!om]iaiiy ami the option of constructing such proposed railway or railways on the conditions coiitaiiiod in tlii.s 15y-law, or tiie conditions contained in such proposal as the Corporation may elect, shall be oH'erMl to tlio Company, but, if such option .shall not be accepted by the Coni])any witiiin thirty day.-; alter such notification, or, if the same iuiving been accepted, tlie Company shall not proceed with tlie necessary work and coni])lete the same within the time by the Corporation ti.\ed for tliat purpose, tlien the Corporation may grant the privilege to any otlier person, persons or company, and the Corporation and its grantees shall be entitled Use o( salt prohibited. Proviso aoto length ot at. front w h i h Ci). to remove Hnow. Comiiany 'r ADow-carfiinay lirUHedbyCor- pordlion. Proviso an to. Snow not to be deposited on streets. Regulat i o n governing re- moval of snow by Co. Provi so in case of default by Co. Co. may lay tracks to power house, etc. Work and repair .ithops ti> be in city. Proposals of others to con- struct railway on city streets to be submit- ted to Co. 30 days option. 1 14 I i ft 1 i to cross the railways of the Company hy oilier railways traversing other streets; provided always that nothiny herein contained shall bn tiikon to l)ind the Corporation to grant to the Company or any one else the right to construct a ruilway or railways upon any streets other than those herein specially named. 44. In case of non-i)ayment of any fine and costs imposed under sub-section " o" '^^ sub- section " 4 " of .Section 25 of this By-law, the same may be levied by distress and sai the goods and chattels of the offender; and, in cast; of non-payment of the fine, and there being no distress found out of which the same can be levied, such olfender shall be liable tol)e imprisoned in the Common Gaol of the County of Middlesex, with or without hard labor, for any jwriod iiot exceeding twenty-one days. 45. All rights hereby granted are so gmiitod subject to any existing rights, statutory or otherwise, which are now possessed by any gas, telegraph, telephone, electric light or other company in or in resjiect of the streets r.nd highways in the said ('ity. 4ti. In all the sections of this Hy law in which the time of the day is mentioned, such time shall be understood to mean what is known at tlie said City of London as Eastern standard time. 47. Permission h hereby giveu and granted to the Company, within twelve months from the jiassing of this Hy-law, to take up and remove their tracks and works from fall Alall Street in the said City, leaving the said street in as good condition after as before such removal, and to the satisfaction of the said Engineer. 48. Should the Company at any time cease to regularly use for the purposes of their railway, for a period of five months, tlu> poles and wires and overhead appliances and con- struction which shall be placed by the (Company in the streets, the said Engineer or the Council of the Corporation may give written notice to the Company (which may be served by leaviiin; the same at the office of die Company in the said City of London, or by mailing the same by registered letter addressed to the Comj)any at the said City of London) directing the Company to remove the said poles and wires and overhead appliances and construction and, if the Company shall not within one month after the service of such notice, at their own expense, remove such poles, wires and overhead appliances and construction and put the streets in proper repair, and to the satisfaction of the said Engineer, the Corporation may do so and charge the expense thereof to the Comp'iny, who shall pay the same to the Corporation, on demand. 49. (1) The Company shall, at their own expense and to the satisfaction of the said Engineer, be permitted and they shall be bound to extend the abutments of the Westminster, otherwise called \ ork Street, Bridge, on the North or South side of the said bridge at the option of the Corporation, doing no injury to the existing abutments or bridge, and to construct and erect upon such abutments so extended by them a good, safe and sufHcient bridge for the purposes of their railway only, and if the Corporation contributes $300 towards the cost thereof the Company siial! also be bound to construct a sidewalk five feet wide for the use of the public on the outer side of their said bridge, and to make and construct the necussuiy approaches thereto, such bridge so to be constructed by them as not in any way to interfere with the existing Westminster, otherwise called York Street, Bridge, and siicli additions to the abutments, bridge, sidewalk and approaches shall be so made and constructed by them to the satisfaction of the said Engineer, and be maintained and kept in repair during the continuance of this By-law or of tlie rights of the Com|)aiiy tliereunder by and at tlie expense of the Company and to the satisfaction of tiic said Engineer; and the works by this Sub- section provided to be done by the Company shall be done and completed by the Company within eighteen months from the passing of tliis By-law and in tie preparation for and in the performance of such works the (Company shall not in any way that the said Engineer may deem to be unnecessary or avoidable interfere with the traflic over the said Westminster, otherwise called York Street, Bridge, or the approaches thereto. 2. (a) The Company slhall, at their own expense, and to the satisfaction of the said pjUgin eer, be permitted, and they shall be bound, either to remove the present superstructure of Victoria Bridge, and to erect and construct a good and sufliciont superstructure in its place, with a roadway of the width of at least twenty-five feet, and a sidewalk of the width of at least five Pi'OVIhO. Pen :jr u n- diT nil )>-HeOrt. "11" and "()" of -ii't'. !iV Ite-orvatioii nf rights (if ga,' andiithiTconi paiili'-. Standard time. Removal (i f preKent tracki on Han Mall >^trot't. Kemoval of wlri'H, 4u., of Co, if unused fill' 5 monthri. ItogulationH as to use of bridges. Voi'li street bridge. Victoria bridge. i:. ^ J fuel; iiiid to cross such now siiixjistructiire by tlicir truck to Iw Iniil as providad >»y Shjb-sectli. r slinll (l«>t>ni it neceSMt^ to do s> aliiill Htrungtlicii and add to tliu iibiitnuMits of tiio iitiil bridge, iind do sucli other wivrk us iikx. said Kn<{inut>r may duuiu necessary, so that the said hriil^'o sliall bo absolutely safe for the l>iissaj{o of uhictric cars, and for tho citizi-iis iiiid |iubUc ^{oiiuraliy, and the Conipnny shall, at thuir own expense, divide and separate the Hidiwidk and tlu; nmdway from the portion of the said bridj^e, which shall be occupied by their Huiil track, by iron fences or railings satisfactory to the said Kn^inecr (tiie material in the old super.'^tructure, if and when removed, to become and Iks the property of the Cimipiiiiy) ; (bi or, at the option of tho Company, they shall at their own expense extend the nbiitmenf.s of thy said Victoria llridge, doing no injury to the existing abutnienta or bridge, and construct and erect upon such abutments so extended by them a good, ssfo and sulhcient bridge, for the jjiirposes of their railway oidy, anil shall make and construct tho necessary apphtaclies thereto, such bridge to be so constructed by them as not in any way, that the said Engineer may deem to he unnecessary or avoidable, to interfere with the existing bridge, or the approiiches thereto; and the performance of tho work jiro- vided for by sub-sections 2 (a) and 2 (b) of this section sliali be completed within twelve weeks from the time of the commencement of the same, and within eii^htcen months from the passing of this Hy-law; and all of the work jirovided to be done under Sub sections 2 (a) and 2 (b) of this section and the materials therefor, shall lie done and ])rovided to the satisfaction of the said Kngineer; and the Corporation will during the continuance of this Hy-law, or of the rights of the Company thereunder, if the Company remove the old superstructure and construct a new BUperstruct'iro as hereinbefore provided, maintain and keep in repair and if and when necessary renew tlu; said bridge, both sub-structure and superstructure, and the Company shall from time to time on demand being made therefor pay to tiie Corporation ono-half the necessary and reason- able cost of maintaining and keeping in repair and of renewing, if necessary, the said bridge, both sub-structure and superstructure, the amount thereof, in case of dispute between the said parties, to be settled by tiie said Kngineer whose decision shall be final and conclusive ; but if the Company elect to construct a new bridge for the purposes of their railway only, as horeinbeforo provided, they shall at their own expense during the continuance of this Hy-law or of the rights of the Company tiiereunder maintain and keep in repair, and of suflicient strength, their new bridge, including the additions to the abutments and the approaches, to the satisfaction of the said Kiij,'ineer, and not more than one bridge on the South branch of the Kiver shall be closed by tiie Company to traffic whilst they are performing any work under the provisions of this SectidU. B. (a) The Company shall, at their own expense, and to the satisfaetion of the said Engineer, be permitted, and they shall be bound, either to remove the present superstruc- ture of Clark's Ikidge, and to erect and construct a good and sufficient superstructure in its place, with a roadway of the width of at least twenty-tive feet, and a sidewalk of the width of at least five feet ; ami to cross such new superstructure by their track to be laid as provided by Sub-section 8 of Section 50 hereof, and, if the said Engineer i-hall deem it necessary to do so, shall strengthen and add to the abutments of the said bridge, and do such other work as the said Engineer may deem necessary, so that the said bridge shall be absolutely safe for the passage of electric cars, and for the citizens and public generally, and the Company shall, at their own expense, divide and separate the sidewalk and the roadway from the portion of the said bridge, which shall be occupied by their said track, by iron fences or railings satisfactory to the said Engineer (the material in the old supei'struc- ture, if and when removed, to become and be the property of the Company) ; lb) or, at the opti'jnofthe Company, they shall at their own expense extend the abutments of tiie said Clark's Bridge, doing no injury to the existing abutments or bridge, and construct and erect upon such abutments so extended by them a good, safe and sufficient bridge, for the purposes of their railway only, and shall make and construct the necessary approaches theieto, such bridge to be so constructed by them as not in any way, that the said Engineer may deem to be unnecessary or avoidable, to interfere with the existing bridge, or the approaches thereto ; and the performance of the work provided for by Sub- sections (3 (a) and IJ (b) of this Section shall be completed within twelve weeks from the time of the commencement of the same, and within eighteen months from the passing of May b>< » "ttmalt •■m erwMibr ' Or Company mar iTvol nidc- brldRu. Proviso for malntrnanoo and repair of new K u p (' r- rtlriicturc of Hide bridge. Clark'rt bridge. May bu a new ^. u p u r s t r uo- turo erected by Co, or Co ni p a n y may frect new •ilAv bridge. I s I / i if i / •i J thin Hy-law ; and all of tlio work providfd l> In- done under Siil)-HectlonH H (a) and « (h) of tbiM Ht'ction, and tho niatoriaiH tbiTufor, hIiuII Iki dono and provided to tlif HatiHfaction of tli« Raid Kn^inuor ; and tlu< Corporation will during the continuance of thin Bylaw, or of tho ri^litB of thr Company thtrfuniltT, if the Coinpany reniov« thu old Biiperntructuro and •onr'tnict a new HUi«iHtriirtur») iih hereinbefore pri>vided, main- tain and keep in repair and if and when neccHHaiv renew the Maiipnriition one-half the iitieHHary and reiiHonahle cost of maintaining and kee])inK in repair an I of renewiiij?, if iieceHsary, tlie said hridj^e, both Huh-Htructure and HUperstrueture, tlu amount thereof, in caHo of dispute between the said partieu, to be Mettled by the said Engineer whowe deciHioii sliall l)e tinal and cimelusive ; Init if the Company elect to cotiHtruct a new lirid^'t^ for the |iurpoHe of their railway only, as herein- before provided, they shall during the continiuime of thiH By-law or of tho riKlita of tho Company tliereunder, at their own expenne, maintain and keep in repair, and of huIVi- cient 8trenj?th, their new bridKe, inchulinf,' tho additions to the abutments and tho npproachoH, to the satisfaction of the said En^iDier. (4) The Company shall lie st liiierty, at their own expense, so fur as the Coiporatinn have power to j^rant the faiiie, to extend the iibutiuciits of the Dundiis Street, otherwise called Kensington, Hiidge, doiiij; no injury to the said abutinents or briilj,'e, and build a separate bridfjjo, alongside of the saul Duiiilas Street, otiierwise called Kensiiijjton, Bridge, for the use of their railway, jirovidcd that such extension of the abutments and building of tho bridge bu done to the satisfaction of tho said Engineer and so as not to interfere, iti any way that the said Kngineer may deem unnecessary or avoidable, with tlio trallic upon the said Duiidas Street, otherwise called Kensington, Bridge, and that any Hpi)roache8 necessary to Ijc made for such separate bridge shall be made by and at the expense of the Company and to the satisfaction of tho said Kngineer and without interfering in any way that the said Engnn 'T may deem to be unnecessary or avoidable with tho trallic over the said briilge or the ttafli on the streets adjacent thereto in the said City, and thereafter the Company shall during the continu- anee of this By-law or tho rights of the Company thereunder, at their own exiionso, maintain mid keep in repair their said separate bridge, including thu additions to the abutments and the approaches. (r>) The Company shall be at liberty, at their own expense, so far as tho Corporation have power to grant the same, insteatl of extending the abutments as provided by Sub-sections 1, 'l{h), Jldt) and 1 of this section, to construct and erect steel cylinders, and to lay from the said steel cylinders to and upon the abutments and piers of the existing bridges girders to BUpport the said separate bridges of the Company and shall make and construct the necessary approaches thereto, and in the prepar- ation for and in the performance of the said works, the (.'ompany shall not in any way, that the said Kngineer may deem to be unnecessary or avoidable, interfere with the existing bridges, or the tratlic over the same, or tho approaches thereto, and the perform- ance of the work permitted by this sub-sertioii shall be completed within eighteen months from the i)a8sing of this By-law, and all of the said works and the materials therefor shall be done and |)rovided to the satisfaction of the said Engineer, and the Company shall, at their own expense, during the continuance of this By-law or of the rights of the Company thereunder, maintain and keep in repair and of sutiicient strength thtir said separate bridges, including the said works and approaches, to the satisfaction of the said Engineer; and before commencing any of the said works, the Company shall submit plans of the proposed works to the Corporation, and the same shall be first api)roved of by the said Kngineer. In the event of the works or any of them permitted by this sub-section to hi done by the Company being done by the ('ompany and any injury or damage arising or being done by reason of the construction, maintenance, repair or want of repair of the said works or any of them to the piers or abutments or any of them or any portion of the bridges of the Corporation or to the Cor- poration by reas(m of the said works or any of them, or to the said Kensington Bridge, the Company shall indemnify and save harmless the Corporation at all times from all loss, damages, costs, charges and expenses of every nature and kind whatsoever which the Cor- friivUo for niKlhli'iinno* Km) r«|i«ii' of now Nil |ii>r ■ •triioliirs or Hide bridge. niindM Ht. bridge. if Abutment may bu i' x - tended for Co.'- purpoHt'H. Steel cylln- derH and Klrd- crii may be uaed by Com- piny inxtead iif extendi n g a li 11 1 men t8 of e X 1 8 1 1 n K lirldgOH. Liability of Co. in caxe of damaRO to ex- isting bridges. ■/ 17 }. 1 ■i poration may incur, be put to or have to pay by reason of the construction, maintenance, repair or want of repair of the said works or any of them. Provided that the Corporal ion shall not be liable for any delays that may be caused by reason of the works in this section referred to or any of them. (6) The Company shall not construct any track upon or use the said bridges or any of thera except under the couditious and for the purposes mentioned in this Section and the Company shall, before commencing any work in connection with the alteration, addition to or strengthening of the said bridges or abutments or any of them, submit plans of the proposed works to the Corporation and the same shall be first approved of by the said Engineer. 50. (1) The Company shall, within one year from the passing of this By-law, construct an electric surface railway to the property of the Corporation of the City of London known as Springbank, in the Township of Westminster, or to a point on the north side of the River Thames opposite thereto, on such route as the Company shall decide upon, and the said railway shall be completed and connected by their railway in the Village of London West or otherwise with the railway, the construction of which is provided for by this By-law, and the electric cars shall be running, efficiently thereon and the whole of the works be in full operation upon such railway within one year from the passing of this By-law, and the Company shall continue to operate the said railway during the months of May, June, July, August, September and October in each year during the continuance of this By-law or of the rights of the Company thereunder in a proper and efficient manner for the accommodation of the citizens of the said City of London from the time of the completion of the same. (2) The streets referred to in tiie first section hereof and to which the permission and authority hereby granted shall extend are Dundas Street from the Kiver Thames Easterly to the Easterly limit of the City ; Itichmond Street from Horton Street to Huron Street ; Oxford Street from Adelaide Street Westerly to Richmond Street ; Central Avenue from Richmond Street Easterly to Adelaide Street ; Adelaide Street from Central Avenue South to Dundas Street ; Ridout Street from Horton Street South to Elrawood Avenue ; York Street from Richmond Street to the River Thames and over the River Thames by the bridge to be constructed by the Company under Sub-section 1 of Section 49 hereof ; Stiinley Street from the River Thames to the Wharnclitte Highway; the Wharnchfl'e Highway from Stanley Street to Askin Street; Askin Street from the Wharncliffe Highway East- erly to the Wortley Road ; the Wortley Road from Askin Street Southerly to Elmwood Aveime ; Elrawood Avenue from the Wortley Road East to Ridout Street South ; Thames Street from York Street Southerly to Hoiton Street; Horton Street from Thames Street Easterly to the Hamilton Road ; Wellington Street from Horton Street Southerly to Front Street ; High Street from Front Street to Maryboro' Place ; Hamilton Road from Horton Street to Rectory Street ; Hamilton Road from Rectory Street to Egerton Street, and Egerton Street from the Hamilton Road to Pine Street. (3) The Company shall, instead of extending their tiacks on the Hamilton Road from Rectory Street to Egerton Street and on Egerton Street from the Hamilton Road to Pine Street, provided a free crossing be obtained over the Grand Trunk Railway Company's tracks on Rectory Street, within one year from the passing of this l>y-law, lay their tracks on Rectory Street from Dundas Street Southerly to the Hamilton Road, within the said period of Eighteen months from the passing of this By-law. (4) The Company shall, within two years from the passing of this By-law, provided that within one year from the passing of this By-law the permission and authority of The Proof Line Road Company, referred to in Section 2 hereof, be not obtained by the Company as in tie said section provided, construct their tracks on St. James Street from Richmond Street to Wellington Street and on Wellington Street from St. Tames Street to the Northerly limits of the City. (5) The Company may within two years from the passing of this liy-Iaw, extend their tracks to the Easterly end of tiie Oxford Street Bridge and they may also, within the said period, extend their tracks on Ridout Street from Dundas Street to York Street, on Adelaide Street from Central Avenue to Oxford Street, on liectory Street from Dundas Street Plana (or bridges to bo aiiprovedofby City Knglneer. Springban k line. Streets or partsof streets that maybe used by Co. Proviso as to Ham. Rd.from Hi'Ctory to Kgerton. Provisoasto Richmond St. from St.James to Huron Sts. Extensions that may be constructed within 2yoars. ^ 18 i) to King Street, on King Street from Rectory Street to Ontario Street, and on Ontario Street from King Street to Dundas Street, and a\ the Pipe Line Road from the Whamcliffe Highway Westerly to the City limits, and on Batlmrst Street from Richmond Street Easterly to Clarence Street, and on Clarence Street from Bathurst Street Southerly to Horton Street. Provided, how- ever, that, if the Company do not within the time above limited construct their tracks upon the streets or portions of the streets in this Subsection mentioned, all rights conferred upon the Company by this Sub-section shall, as to such of the streets or portions of the same as the Company shall not within the said time construct their tracks upon, cease and determine in the same manner as if the said streets or portions of the streets had not been mentioned in this Sub-section. (6) A single track only, witii the necessary switches, side tracks and turn-outs, shall be laid on Stanley Street and on that part of Ridout Street between Horton Street and Elmwood Avenue and on Wellington Street from the North side of Clark's Bridge to Front Street and on High Street from Front Street to Maryboro' Place. (7) Double tracks shall be laid on Piichmond Street from Oxford Street to Horton Street and on Dundas Street from Ridout Street to Quebec Street and upon such other streets or portions of the streets mentioned in Sub-section 2 of Section 50 hereof as may be agreed upon between the Corporation and the Company. (8) One track only, without any switches, y's, loops, turntables, cross-overs, side tracks, turn-outs or other works, shall be laid on Clark's Bridge and the said track shall be laid in such place thereon as the said Engineer shall direct. (9) One track only, without any switches, y's, loops, turntables, cross-overs, side tracks, turn-outs or other works shall be laid on Victoria Bridge and the said track shall be laid in such place thereon as the said Engineer shall direct. (10) The position of all the switches, y's, loops, turntables, cross-overs, side tracks and turn-outs, and the length of such switches, y's, loops, turntables, cross- overs, side tracks and turn-outs, shall be subject to the approval of the said Engineer, but the said Engineer shall not limit the length of any switch or side track, if and where such switch or side track is allowed by him to be constructed, to less than 250 feet over all from outside points to outside points. (11) The laying of the tracks upon any of the streets or parts of streets mentioned in this section shall not be deemed a laying down of new lines or an extension of tracks within the meaning of Section 21 hereof 51. The Company are, so far as the Council of the Corporation have power to grant the same, exclusively authorized to construct, maintain and operate, subject to the conditions and agreements in this By-law contained, a surface electric street railway on the streets and portions of streets mentioned in the next preceding section hereof 52. (1) The Company shall, if recjuirod so to do by the Corporation, receive and forward with all diligence and despatch, free of charge, except as hereinafter provided, the passenger, mail, express, freight and baggage cars, and tlie passengers and goods thereon, of all Radial or other Electric Railway Companies, whicii may during the continuance of this By-law, or of the rights of the Company thereunder, desire the Company so to do, over the tracks of the Company from the City limits to the centre of the City or such other place or places within the City as the said Radial or other Electric Railway Companies or Company may have their station or stations and, if and when desired, back again to the said City limits, to the same point or any other point on the line of the Company's Railway and. when the Comi-any's tracks and trolley wires do not extend to the City limits at the point or points where the Radial or other Electric- Railway Company or Companies desire to enter and the Company refuse oniogloct.with-'i thirty days after being notified, to agree to make such extensions, or if, having agreed within the same time to make the said extensions, the Company shall not proceed with the necessary work and complete the same within the time fixed by the Council of the Corporation for that purpose, the said Radial or other Electric Railway Companies or Comjiany shall have tlie right, if permitted to do so by By-law of the Corporation, but not otherwise, to enter upon tlie said highways and make, construct, maintain and operate an Electric Railway between the said Radial Electric Railway Company's or Companies' lines and the tracks of the Company and, subject to the provisions and conditions of any such Single tracks. Double tracks. Single track on Clark's bridge and on Vic- toria brld;y-law devolving or conferred upon the said Engineer. 55. In all arbitrations under this liy-law a majority of the arbitrators shall be com- petent and are hereby autiiorized to make an award, and an award so made sinll be as valid and bindirg as if assented to by all the arliitrators. 56. In the event of the Company failing' or neglecting to construct their said Railway or to alter or change the whole of their sy.stem as hereinbefore provided, or to construct and complete their said Railway to Springbank in substantial conformity with the provisions of this Hy-law, or, in the event of the Company failing or neglecting for the space of thirty days, computed as iiereinafter mentioned, to maintain and operate their said Railway in substantial conformity with the provisions of this B>-law,o'r to maintain and operate their said Railway to Springbank in like substantial conformity with the provisions of this and c » 1 1 V c t fares. Springbank rxccptL'd. Proviso for arbitration in case of non- agreement. Proviso for damages In case ofdefault by Co. UiglitsofCo. in ca.Ho of a- malgamation of adjoining territory. Springbanic line not to be taken over by city. "City F^ngi- neer." Arbitrators. i'roviso for fiirfeiture of rights by Co. in case they make default as to constnic- tioii or mains" tenance of Ky. under this By- law. 20 By-law for tho space of thirty days, wlutlier consecutive or not, in any year (in reckon- ing the said thirty days, parts of days shall he counted, and seventeen working hours, whether consecutive or not and whether in the same twenty four hours or not, shall he counted as one day), th(^ Corporation hy resolution of tho Council thereof may declare that all the privileges and rights which tho Corapiiny may have ac(iuired by this or iiny other liylaw heretofore or hereafter passed, or hy any agreement with the Corporation heretofore or hereafter made, are at an end, and may vupeal the By-laws connected therewith and the said privileges and rights shall thereupon uease and he at an end accordingly and the said agreements rescinded and, in such ease, Uw Corjioration shall have the right to reipiire all olistructions and mateiials placed in said streets hy the Company under any such ]5y-law or agreement to bi' removed therelroni and the said streets to be put in as good condition and repair as they wero bi'l'orc the said materials and obstructions were ])lajed therein, and the expense thereof shall \H. The Corporation will join witii the Company in applying to the Legislature of the Province of Ontario for legislation couth'ming and ratifying this By-law and the agree- ment to be entered into between the Corporation and the Company referred to in the (iOth section hereof and declaring the same to l)e valid and binding upon the parties hereto, all expenses in connection with the procuring of such legislation to be paid and borne by the Company, provided that the Act of the Legislature so confirming and ratifying this By-law and the said agreement shall contain as a section thereof the words following, or to the like etfect, that is to say : — If the Company shall fail or neglect to keep, observe, perform or comply with any of the provisions of this By-law, in which the residents of the Municipality, or the Corporation or any other person or Corporation are interested, then, in a(ulition to all other remedies hy law enforceaide against the Company, the Corporation may bring an action in the High Court of Justice against the Company, and all other necessary parties, to compel the keeping, observing, performing of and complying with such provisions; and the Court shall have full power and jurisdiction in the premises and to enforce, by injunction or otherwise, the due observance, performance and fulfilment by the Company and its officers and other persons of all provisions of this By-law in which residents of the municipality or the Cor|ioration or any other person or corporation are interested. oi). (1) There may be an appeal to tlia Council of the Corporation with regard to the said Engineer's decision as to " the best nioilern practice" mentioned in Section 3 hereof, as to "the best modern juactice" mentioned in Sab-sectioii 2 of Section 10 hereof, as to "the cars to be used and the improvements therein " mentioned in Sub-section I of Section IfS hereof, and as to "the most improved safeguards" mentioned in Section 28 hereof Xotice of such appeal must be given within live days from the decision appealed from and such notice shall be served on the opposite party at least two weeks bel'ore the meeting of the Council of the Coriioration at which the appeal is to be heard and the decision of the Council of the Corporation shall be final and conclusive. (2) There may be an ajipeal with regard to the said Engineer's decision as to "the best modern means" mentioned in Section 1(3 hereof (except as to the best modern means to be from time to time adopted and used by the ( 'ompany to prevent any injury to or interference with any system of Waterworks or Fire Alarm now or hereafter having the use of or being operated in, upon or under any of the streets of the said City of 1 oiuloii, as to which there shall be no appeal, but the said Engineer's decision shall be final and conclusive) and as to "the sufficiency of the means" referred to in Sub-section 2 of Section 17 hereof. Notice of such appeal nmst be given to the o])posite party within ten days from such decision and such appeal shall be to a board of three ('n)-.inK of St or. Ill Ity. Irack>. Applicntion til Lefji-liitufe lo confirm Uj- law. Clause to he liicorporat id inSpi'Cial Act. "Be^t mod- ern practice," appeal fro m decision of City Kngineer a^ to. "Bc>t m od- iTti means," appeal f r o m City Engineur a- to. 21 arbitrators, each of whom shall be a qunlifiud Civil Kiiaiiieer, one of whom shall bo appoiiiteil by thu party appealiii<{ and shall bo named in th"ir iioticj of appeal, and the second arbitrator shall be appointed by the o])])08ite party and notice liiereof ^ivin to the other i)arty within three weeks after service of the said notice of appeal, and the third arbitrator shall be appointed by the two arbitratcjrs so appointed as aforesaiil witliin three weeks after thu appointment of the second arbitrator. In the event of the opposite jiarty failing to appoint their arbitrator within three weeks after the service of the notice of ajijieal upon them as hereinbefore provided, a .Judge of the High Conrt of Justice inny • ,i ni)plication by eitiier parly, appoint an arbitrator for the party in default, and, in defaui. oi the appointment of the third arbitrator as and wiiiiin the time hereinbefore provided, a Judge of tlie High Court of Justice moy, on the application of either ]iarty, apiioint such thiid arbitrator, and the sni'' arbitrators, or a majority of them, shall, without taking any evidence, other than the evideucv. ♦" the said Kngineer and of one oUicer of the Company if the same be tendered and tlie arbitratois see fit to receive the same in the niattei appealed from, but from their own skill and knowledge, make their award within two months from the time of tlic appointment of the third arbitrator, and the award of the said arbitrators, or a miijoiity of them, if so made within the said time, shall be final and conclusive, but, if not so made within the said time, the decision of the said Engineer shall be final and conclusive, and the costs of any such arbitration shall be in the discretion of the arbitrators, or a maj(jrity of them, and shall be paid as directed by any such award. (j(l. This liy-law and the powers and privileges hereby granted shall not take ellect or be binding on the Corporation unless or until formally accepted by the Company witliin Forty days ofter the passing thereof by an agiwment which shall legally bind the Company to pay to the Corporation the sums mentioned in this By-law, and to perform, observe and coni])ly with all the agreements, obligations, terius and conditions herein contained, and shall be approved by the City Solicitor; and such agreement, when so approved, shall also be executed under the City seal by the Mayor or tiie Chairman of No. 1 Committee and the City Clerk. 61. Such portions of tlie By-laws relating to the Company referred to in the preamble of this By-law as are inconsistent herewith, and all other by-laws inconsistent herewith, are liereby repealed, such repeal to take effect only on and from the coming into force of this By-law and the agreement referred to in the last preceding paragraph hereof, but tlie Company shall be at liberty to run their cara with liorse.^, subject to the conditions and regulations contained in this By-law, as tar as applicable, until the time fixed by this By-law for running electric cars. PASSED in Open Council this twnity-tirst day of :May. A. D., 18U5. Spi'olal arbl- t rstor^. A |i piiin t- iiient of arlil- tratcii-fi. By-law lobe accop t e il b y Co. within 10 dayr.. Repeal of in- conslHtent By- laws, Co. may use horHocaradur- i 11 g coDHtruc- tlon of El. sys- tem. C. A. KINGSTON, Clerk. {-•} J. W. LITTf-E, Mayor. ARTICLES OF AGREEMENT made the sixth day of June, A.D., 1895, BETWEEN The Corporation of the City of London (hereinafter called the Corporation), of the First Part, and The London Street Railway Company (hereinafter called the Company), of the Second Part. WHEREAS, by an Act of the Legislature of the Province of Ontario, passed on the twenty-ninth day of March, A.D., 187:i, entitle^' " An Act to Incorporate The London Street Railway Company," it is amongst other things provided that the Council of the Corporation and the Company may make and enter into any agreements or covenants relating to the construction of the said Railway, for the paving, macadamizing, repairing and grading of the streets or highways, and the construction, opening of and repairing of drains or sewers and the laying of gas an;l water pipes in the said streets and highways ; the location of the Railway and the particular streets along which the same shall be laid ; V -V^ \ ■ i 00 i th(> pattern of tlie mil; the tiino and Hpt't'd of running tlio cars; the time within which the worliH are to he commcncoil ; the inannor of proceeding witli the Hiime and tliu time for coiiiplition aihl ^jenerally for the Hiifcty and coiivenienci' of passengers ; the conduct of the agents and Hervams of the Company and the nonohstructing or impeding of the ordinary trathc. AND VVIIEUHA8 the Council of the Corporation, on the twenty-lirat day of May, in the year of our Lord, \H{)r>, passed a By-law, tniinhered !»U>, granting to the Company certain riglits for the construction, raainteuaiice and operation of a Street Railway upon and along certain streets of the said City of London, upon and suhject to the terms, conditions, agreements, stipulations, regulations, ohligations, provisions and thingi therein contained, a true copy of which said By law is hereto annexed. AND WHEREAS these presents are intended to give eflfect to the said Bylaw, and the same have heen approved of hy the City Solicitor. NOW THESE PRESENTS WITNESS that, in conHideration of the granting of the riglits and privileges which are hy the said By-law granted by the Corporation to the Company, tlio Company do. for theinHolves, tlieir successors and assigns, covenant, promise and agree to and with the Corporation and their successors in manner follow- ing, that is to say : That the Company do hereby accept the said By-law and that the Company, their successors and assigns, will in all thinj^s conform to, obey, perform, obsorvo, lulHl and keep all and every, the terms, conditions, agniements, stipulations, regulations, obliga- tions, provisions and things in the said By-law contained, upon, under and subject to which the said rights and privileges are by the said By-law granted to the Company, and will do and perform all acts, matters and things which the eaid By-law provides are to be done by or on behalf of the Company and will not do anything which the said By-law provides is not to be done by the Company. And thi Corporation do hereby ratify and contirm the said By-law and the rights and privileges thereby granted to the Conii)any, subject, however, to all the terms, conditions, agreements, stipulations, regulations, obligations, provisos and things in the said By-law contained. IN WITNESS WHEltEOF the Corporation have caused to be affixed their Cor- porate Seal and the Mayor and City Clerk have set their hands and the Company have caused to be affixed their Corporate Seal and their President and Secretary have set their hands the day and year first above written. Signed, Sealed and Delivered, in the presence of (Sd.) T. G. MEREDITH, by the Mayor and City Clerk. (8d.) CHAS. H. IVEY. (Sd.) J. w. LITTLE, Mayoh. C. A. KINGSTON, City Clebk. H A. Corporate Seal of the City of London. EVERETT, President. S. R. BREAK, Secretary. Corporate Seal of the London St. Ky. }