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K "^IIF, '9' Ml M -*r-*« T-t- '!ar' ss 31 %S 37 fl loXK j,T 1* n'^m^u^. it SS -~ 40 3t /S A MAP PRQWf^R N\;.( >*, A < * i '\ ti m ■\ \*. ■ r. , '(,>■■ ■ >» s?i m 100 104 tf$ bl'. ' l,.''t'. ■.*• " ^:^ik: :^ ;-x^''-s;W7^'|,^^;a> « ' ':.\ % ^,i. i»^> m IB"' VT i^m^. ja Wf'^ fc": K ^ m.- 99 ,#. > A. flj>;\y ' Wt" , 3;.i'> - M l" i-K>5^^ wf^ l> ■■ > .•„.i ) m' v;fy, ■•;>^"i-' REPORT OF THE ENGINEER UrON THB PRELIMINARY SURVEYS FOR THB NIAGARA & DETROIT RIVERS RAIL ROAD, WITH A I MAP, PROFILE, AND PLAN OF COxN'STRUCTION. t MAY, 1837. h t'i^^nt^^:t MP /> I//VV? t .^k^„^rovement, in which every settlement already formed feels a lively concern, nnd every new-comer finds the principal motive to determine his individual residence, in- volves in every step of the progress, much rare and anxiety, and these arc rendered still more grave, when the survey is looked to, for eliciting facts, and suggesting plans, which shall lead to large investments of money for stock, already in part subscribed for, aid for opening such expansive means and facilities of internal communication, as will strikingly advance private interest, and the general prosperity. Under such cir- cumstances, it is due to those interested in the survey, on either side of the proposed hnes, as well as to myself, to say, that I have been compulled to confine my instrumental exa- mination to a single line. This compulsion has been the re- sult of limited ap|)ropriations to meet expense, and the short- ness of the time, alter the survey was commenced, before uncon- trollable impodiinents would ariso from the approach of Spring. The provisions of the charter authorize the adoption of the shortest and best route, throughout the whole line, which the country between the extremities will admit, prescribing no intermediate places as indispensable points of contact ; and the settlements and business of the country atfocted by the location, are in no way empowered to discounige or inllnence the selection of the best phiu of proceeding. This is of much importance, as it leaves the Enirineer to the unembarrassed control of his judgment in determining the location, at all points. It is olu'ious, that the sliortest practicable route should al- ways be preferred, where e(piid facilities of construction and accommodations to business, are olllred. Otherwise, needless cost is encouiUcred, in the lirst construction, for noother pur- pose but to ensure needless expense of aiuiual repair, and some gratuitous labor of traction at every trip. The same remarks apply to all unnecessary ascent and descent, in the grade line. In the use of a Kail Koad between any two leading points, it is always presumed, the proprietors will charge the greatest amount they can expect to obtain, in competing with other lines of passage. All extra expense of outlay must, there- fore, operate as sheer loss to them. Enterprising individuals project plans of improvement, and apply to the competent authorities I'nr chartered rights. The Parliament, receiving such fi[)plications, are often uninformed of the merits of the work in ([uestiou, and its bearings upon the best plan of internal policy. In such cases, an Engineer may be employed to subserve views and promote schemes, which are inexpedient or impracticable ; and he may not know that they are so, until long continued actual examination. The examinations for your work have been undertaken, on and conducted, AVithout any other views, than to ascertain tlie best pracliiublc route and to devise the best plans of procee- ding in its construction. In schemes of great magnitude and expense, .sensible men will take care to rely upon no loose .speculations, or merely conjectural data, but will found their mvestmcnts and ex))ectations solely upon the results of sobei thought, and tiie appUcation of scientific principles. They will be governed by their anticij)ations of pecuniary con.se- quences to themselves and their children, and of i)robablc advantages to their country. In this age of extrusive ()I)servation, and bold projects for niternal improvement, your road will attract the approbation of inteliigent men, and the confidence of capitalists, as a mea- sure of extraordinary iiicility of execution, in proportion to its extent, and of wise adaptation to the natural and artificial features of the vast and very thriving regions, with which it will be connected. It is shown to be highly worthy of being vigorously prosocuted, l)y every consideration of its local de- tails, and ensured of abundant remuneration, by the soundest estimate of the various and extensive business it will command. Too much care, in the collection and comparison of facts, affecting the location, security, resources, future business, and natural advantages of a new region, through which a great avenue of comnnmication is to be constructed, can scarcely be taken, before the work is commenced. A proper care in these relations, demand^!, that whatever influences private and public interests in the immediate vicinity, in im- portant points throughout the entire Province, and in the wide range of neighboring territories, from which travel and trans- port may be derived, should enter into the consideration of the Engineer, and properly qualify his whole course of decisions. Portions of your line must closely approach, and run parallel with steam navigation, while other large portions lying farther inland, need fear no competition, as the tracts which they tra- verse must exclusively depend upon your work for facilities of communication. The inducements to construct tlie road, which constitute the subject of this report, are such as belong to the country 8 through whidi it is to run, and such ns are connected with the neighborinjT states and territories, which should be duly considered by the Eii<,'ineer in the plan and views of location. The chief motive to such works l)y incorporated companies, are founded in the profits expected. These may arise from the recei|)ts of the road directly, or indirectly from the inthi- ence of the road upon property of the stockholders lying iti the vicinity. Besides other indirect advantages to he derived from con- structing your road, and which are generally understood, a less obvious but very important one, ad'ecting the health of the adjacent country and the value ol lands, will be experi- enced in the drainage it will ell'ect. hi the progress of ma- king the road, great care must be taken to conduct the surplus waters, which it crosses, into natural channels for their dis- charge. This will in your case roclaiuito the most profitable cultivation, large iraf'ts of great fertility now too wet for the purposes of bushaudry. The direct profits will depend upon the extent of its use, and that again upon tlic condition and wants of the entire resjion, which it will accommodate. Your road will olfer im- portant facilities to large portions of the United States. From these, therefore, you will expect a great share of the remune- ration, which is to reward your enterprise, and the plan of location, in that case, may vary to command sectional divi- sions of that territory. The shrewd, wachful and active inhabitants of the United States adjacent to your Province, or at least within the reach of the attraction of your road, are projecting improvements in all directions, and are thriving and multiplying rapidly, under the burthens of an out-lay for roads and canals, beyond all former precedent. In past times, the world has never wit- nessed such facilities of intercourse, as now, every where, awaits the use of man. This is partly the effect, and partly the cause, of a universal activity so animated as almost to make nations giddy. The spirit of these improvements has bepn most efTicaciously developed in New York, which has already opened very easy ^-Metai #• 9 channels of iniercourse from all her most important positions to your borders. In her train, New England on the east, and Pennsylvunia and Ohio on the south, have followed with oncrjrfnir emulation. And the new states of Michigan, In- diiuiaand Illinois, with the territory of Wisconsin, all increas- mfr as by encliantiDcnt, are pursuing a policy which cannot foil to connect the south-west and west with your Provincial iinprovemeuts by numerous and profitable reciprocations of business and intercourse. If wo explore a little more minutely the nearest sections of this vast field of republican enterprise, we see Rail Roads pro- jected, and some of them in the course of construction, from the principal poiuts of business lying between Sandusky Bay and the outlet of Lake Huron, across the States of Ohio and Michigan, to the interior and Lake of that name, and con- nected "'••111 similar projects, some of which extend to the mouth of the Mississippi, and others to the far west. It is true, these avenues will not all, as a matter of necessity, send the throngs with which they will in future be peopled, to pass along the southern part of your Province. But with reasona- ble cllbrts, and judicious arrangements, an invitation may be extended to them which will infallibly call many of them into that course which should come under the observation of the Engineer in the plans and suggestions he has to offer. Extensive business from all the regions westerly and south- westerly from you will always be maintained with New Eng- land, and the city of New York, the great metropolis of the Union. Yoai road will most conveniently favor much of the travel growing out of this business, at all times, after it shall be completed. During portions of every year, it will favor more of it. It will be shorter and cheaper than any road which can be constructed through Ohio, to the roads leading to New York or further east. It is now ascertained by expe- rience, that locomotives may be well employed, in the winter, on Rail Roads, notwithstanding the severe frosts and deep snows of that season. This will call for extended use of your road, while navigation is impracticable. The exigencies of extensive commercial transactions, along the immense line of 10 interior navigation, require, in rxcliniiges, rcniitfnncrs, and other couiminiications, Irciiucnt iiifcrcoursi! afUT the close of navigation, in the fall. Tliis is increased by ariangemcnts preparatory to tiu; next season, and the pro|)er elosing np oi largo accounts for the past. The pressure of the very heavy business referred to, during all the season of navigation, leads to deferring to the greater leisure of winter, whatever mny ns well be done then. From all which, inferences may rea- sonably Ix! drawn in avor of your undertaking. The greater the distance to which business is conducted in the interior from the scats of connnerce, the more important it is to provide, at all times, the best possible means of commu- nication. If a road north of Lake Eric can be made, ret to be cautious. 'I'hey witness the luilure of many wild schemes, and distrust titeir own judgment, in respect to all iujprovemcnts recommended, far from the great cities, in which they commonly reside. These motives of caution, stron, except at or near tlio toriiiiiiatini,^ points, exteiidin^'^ Iruiu Niagara to Detroit rivers, aloii;,' tin; nortli shore of Lake I'lrie. 'J'liis belt is l»oiiiHle(l on tlio north by the river 'riian:e» — n ranpfn of hit,'Ii lands strttchtnL' from Westminster easterly be- yond Norwich — and iIk; Welland Uiver. I'rom the Niaj^ara westerly llio most favorable location is Ibniid in a direct line Jiear tli(t lakes. To this lino onr work is conlincd, by exten- sive low lands and swamps, further north, discharjjing into AVellaiid riv(M". It is expedient to avoid the soutlusrly bend of oi the Welland Canal fe(>der, which reipiires passin;,' aloufr the south side of Hroad Creek, both of whicli objects may b(! answered, by a continuation, on favorable jrround,of the samo direct lino to (inmd Uiv(!r and far beyond. This location is very fortunate, in all respects, as the surface which it occu- pies is mibroken by water courses, and rises but little above the Lake level. From I'lack Creek to Patterson's Creek, there IS but one direction, in which an imiform and easy grade can be secured, in rising from a lower to a higher table of country. And this direction falls in with a continuation further west- ward of the same straight line with wliich we commenced. From ( Jrand River to Black Creek, the table hmds are every where of easy passage. But the valley of this Creek, as well as that of Patterson's Creek, present increasing dilliculties, at every pomt, approa<'hing the liake, which, with the projection of a high ridge from the north as far down as the village of Sitnco, designate that as the most eligible, for the location of our line. From Simco westward, the general elevation of the country is two hundred feet above the lake level ; and the streams by which it is intersected, plow it into ravines, deep, wide, with abrupt banks, in proportion to the length of their progress from their sources. Besides, tlic drainage of the country, in this section, originates longer water courses than exist else where on the route, in consequence of the greater space be- tween the various points of its discharge, into the Thames, Grand River, and the liake respectively. These circum- stances result in ofJering diminished dilTiculties, on a route further from the Lake shore. On such a route the difficulties 14 may he oonfiriod to the crossing of llig Croeic, Otter Crcok, and Kettle Creek, wliich draw their sii[»i)lies from a higher range of country lying in hetwecn the Thames and Grand River. This presents the possihility of finding a hne further north, but north of he hne as sliown upon the map, higlier land makes down between the streams, creating an increase of summit, and producing inequaUties of surface much more unfavorable. On the Otter creek, from the proposed line southerly to the lake, greater diHiculties present. The surface is diversified by numerous ridges and ravines, bold and deep, many of then) lying at an angle of ascent vertically of 30 deg. The soil is sand and clay, greatly indurated, and covered by extensive forests of pine. On the south of the proposed line, lie Yar- mouth heights, between the Catfish Creek and Kettle Creek, along the line of Talbot street. These heights will rcipiire the curve which must be adopted in pursuing our course westerly, to be established in the vicinity of Kettle Creek ; where the final arrangement of \he curve, and connection of the tangents, cannot be judiciously dctorniinod, without ex- tensive and careful surveys. The valli^y of this crock, ofi'ers difficulties not to be enconntercd below St. Thomas. From St. Thomas westerly, the high levels of sand forma- lion continue in a narrow belt terminating at the O. At this point and farther along the Lake shore, the waters of the liako have evidently encroached upon, and worn away, the dividing ridge, from which the drainage pas;.cs northerly into the Thames. This tract is broken by numerous short and deep ravines, and intersected by small ridges of snnd in a part of its surface, making it unfavorable, and in places impracticable to locate a line upon it. Between this and the Thnnies the land is lower and of a more favorable description. Portions of it in the vicinity of the dividing ridge are encumbered by Kwamps, but nearer the river, and yet above the short ravines extending southerly from it, is a very favorable line of country, the soil being clay covered with oak, inn pie, black walnut, and other varieties of timber, and gradually descending toward the west, to a low level occupying the whole distance between 15 »ttcr Crcplf, n a higluT ivnd Grand iiie further np, hiijriier II increase lucJi more erly to tlie divxTsified ly of them \'ho. soil is extensive S lie Yar- tle Creek, II rc(|nire IT course «3 Cref^i ; lection of liout ex- k, oilers d forma- At this 10 Lake ividinjT nto the id deep part of Ptirahle les the ortions red hy avines )untry, Jt, and oward tvveen the I.akc shore and the Thames. West of tlie and Chat« ham, the same level without ruvines or undulations continues to tl'.e Detroit river, ^JMie settlements on the lake shore have been fostered and will continue to rely cliicfly upon the commerce of the lake. They will be somewhat affected by the location of your road, but much more concerned to encourage facilities of communi- cation extcndinif at right angles across it, from their own doors to the intoriur. By these alone will interior productions come down to them, and the demands of the country for merchan- dise, salt, and otlif r articles from abroad, hi made conducive to tliG increase of their trade and wealth. But there are sev- eral important settlements more inland, which cannot fail to be greatly, and most of them, beneficially interested in your cnterprize. Simco, situated in what has been long known as t!ie liong Point Settlement, is now designated as the centre of a new district, and growing in importance. St. Tliomas, a flour- ishing village upon Kettle Creek, at the crossing of Talbot street, Chatham, occupies a point of much promise at the head of steam navigation on the Thames, and is putting forth lau- dable efforts to call out all of the advantages of her position. Dunville, on the Grand river, at the point where the Welland canal intersects it, is secure of i rapid augmentation of popu- laiton and business. The water power produced here, by the dam erected lor feeding the canal, with the navigation of the river above and below it, and of the canal itself into lake On- tario, and by moans of the Chippawa river, into the Niagara, make its advantages conspicuous. Already it has become the site of extensive lumber establishments ; which are begin- ning to turn to good account the valuable forests extending far and wide within its reach. The demands for lumber axe greatly increasing upon lakes Erie and Ontario ; and the ease with which saw logs may be brought to Dunville from large and unculled regions, and after being manufactured there, shii)ped at the mills, for either a southern or northern market will first call into activity large amounts of capital and enter- prise at this point ; arid they will be augmented by every open- ing of the adjacent counti/ to other branches of productive « ; "Ji 16 labor, and by a growing commerce with the Lakes in other articles. The residue of the belt, being a great proportion of its en- tire extent, is ye. so little settled and known, as to leave im- portant positions for towns, (between the Grand Kiver and Chatham particularly, on the proposed line of road) to be de- termined chiefly by your road, and future improvements to connect with it. It will be perceived, by the foregoing description, and the Map herein referred to, that the most favorable location of your road, will give it an extraordinary character. The phy- sical condition of the country, the position of its leading set- tlements, and the largest accommodation of rich agricultural tracts, all conspire to point out a route from the Niagara to Detroit Rivers to consist of two tangent lines, each over one hundred miles long, and connected in the centre, by a curve so gradii&l as not to be distinguishable from a straight line, in short distances, by the eye ! The formation of the country is peculiarly favorable for a Rail Road ; the surface being level or uniformiiy ascending and descending in such a manner as to admit every where of easy grades. The principal dilficiiltics will be encountered at five places on the line, to wit, at Grand River, Patterson's Creek, Big Creek, Otter Creek, and Kettle Creek, and none of these are very for- midable ! The first, will require a draw bridge and an em- bankment under favorable circumstances ; the second an extra amount of both deep cutting and embankment, and culvert, at Patterson's Creek. The other three streams are proposed to be crossed by bridges, after the form of Long's or Town's, en- closed with a double track supported by timber piers from the bottom. These piers are to be covered for half their height, with cones of earth brought on the road and dropped around their base, the upper portions enclosed in connection with the main trunk. The object of this is to strenghten the piers, and preserve the timber from decay below the earth, to serve as a foundation, when a re-construction shall be required. These bridges will be about 1000 feet in length each, and 80 feet ikes in other on of its en- to leave im. l Kiver and d) to be de- )vements to on, and the location of The phy- eading- set- tgriciihural Niagara to 1 over one by a curve [3'ht Hue, in country is )cing level manner as ive places Big Creek, very for- an em- an extra culvert, oposcd to wn's, en- from the f height, I around with the iers, and rve as a These 80 feet U above the stream. Their cost will be found stated ia the estimate. Tiio extraordinary lengths of straight line on your road are attainable with little or no extra expense, and are unparal- leled in the history of similar improvements. And they are the more remarkable as the line crosses the whole drainage of the couutr ? J '• .(■ !,! the investments of canit.i rn, *'"nto those lierein )!r , ^''''^^ consideratinn. -- vornble for ii,„ '='"""'. 'o a point hnr;! , ' ^ "'"r 45 ""•vc, ihci-^^i., , '^ '■'"in's 84 h,,!, * ; ""flee on ^ — ' "fit Yarmouth curve' o». C air tangent - i>etrmt river"cm:e; M 2 108 7 68 11 19 4 a. 9 66 61 12 39 18 82 38 48 81 48 ■»"-*thr:'ir""''''"»" -^-™ .ho":::^'^^'-- ' '^^^ ^«di"s of .vhich is :'f 'erotionsHn ^j^-, "avor, make it the "Without exorbi- ^'iag-ara river at w constructing '« practicable to iwnation of the often thousand '*y-tHro links, to of the tangent he site of Fort "'i, 85 deg. 45 -d the most fa- one hundred wd curve (the 'es 08 chains. ^S^nt, south ominated the 'tJie Thames 100,000 feet Thence on Detroit river ' on the arc ^rf of John 'ich. The ^ Chains, ig-ent 89 fJ curve, hich is 19 10,000 feet, angle of tangent 63 dcg. 15 min. 2 miles 6 chains 01 links. Then on what is denominated the Sandwich tan- gent, 14 miles 60 chains, to the wharf before mentioned in the town of Sandwich. Total distance by Gosfield, 225 miles 44 chains 82 links. The distance from Niagara river to Detroit river at Am- herstburgh, is as follows, to wit : M. Ch. L. Niagara curve, 2 19 82 Fiiisti-rn tanf^ent, 108 9 00 V^anaouth curve, 7 68 00 Wubteru tangent, 107 Gl 25 Miles 225 78 07 The said general description to allow any such changes of said tangents and curves as shall in a final survey be found best or most advantageous. The eastern tangent may be sub- ject to fractional variations from one favorable point of loca- tion to another, particularly the location of the viaducts. The charter does not anticipate a location of the line to Am- herstburgh, a reference to which may bo considered in the de- sign, but to reach Sandwich requires a deflection from ihe tan- gent southerly as it approaches Lake St Clair, and its continu- auco along the border of the Lake and Detroit River, to its point of termination. This would be shorter 4 miles 9 chains 25 links, than a continuation of the tangent to the corner of Gosfield, and thus giving it a direction to Sandwich. It may be thought expedient hereafter, with a view to claim the busi- ness and travel from the shore of Lake Erie, from Sandusky Bay to Detroit River, to obtain authority and complete the tangent to Amherstbursfh. A reference to this would influence the location to Sandwich, so as to carry it direct to a point equidistant from this place and Amhcrstburgh. Should it be found for the interest of tlie Company to obtain the alteration alluded to, this location would save the construction of a great- er length of collateral lines. Before introducing the estimates of your work, I have insert- ed a copy of my plan and views of constructing Rail Roads, which is the basis on which the estimates are made, and to which I would call your attention. ^^^i Roads arc rnnc J'-^, and ,f •;',•! ^-''-fary «„,„„„;; "^' "dan,, ,he .„,-, •doplion or,li,r "' """wtlii.r/, ',"''"« capital « ;•'■'""" ".irtS,;;""* ---u „ :", tr *'^'"^'» "•" forms of con.. ^<^'i(liiio„s I I '^^ "^fiy be rnn«» ""'■""da H,,i| t d '■" "*'"'^-''. "X .1 2 "■'"""■ ""--aWli- « "o>.- in u«, ™; "■ °"<^ onho /oilo„. "^"f"'"'-- °f -he To. from centre ,„ oemrt ^ ° ""•■"= "'' 'wot . T ""'<''•"% "•y '" 'cng-ih accordi ' "^ *" road Tl ' ^ "■«■' apa,, 'yect, as weJi n. ' ^*'e'i under- ^ '■" the con- t'd from their 1 tin's species ^dom, in ev. 'ta'Jccs. j„ '^t, fhe soil capital is 'crates the y be most ^cd alj the "owJcdge. Terence to durabili. ^ f^Je To. "> wJiich •iass and o^ groat f'>e c/fi, without ' diam- letigth, firmly efully "part, 'iva- >ared the >w-n :fcs, Jed ut- 21 3d. Siring piccosfromlS to 24 inches in diamator, and either twenty or thirty feet in length. T'lese must be scjuared at cacli end— 0110 foot square— and at each intermediate ten feet, whore thoy are to rest upon the cross timbers above the blocks, nii Sui-cnntcudout lor ''^« ^ . ,,.1 and Fcpurcs : rtaius whether i^cl-uds hao -t. clu Y l^^ .^ ^,^^^^^^ ,,,,, „,,scU for his moulu.y T^^^;^^ Lcurcd in all the do- „,l,,try and ^--''"'y'/': ^^^^ ystc.n is adopted in the eco- uuenls of uctu>u. A ^ J ^j^^ ,,„a, us cx.sts after ,,„y of traction, ni the 1 u I -, ^^^^^^ ^,^,^,^^,1 y^ or- conn-leted. The Mou ^^^ ^;;^^^^,,,^,,, of the work ; at.d dered and unhand at ^ - ^^^^^^.^, ^,^,,,,„,a ,U. lirst month ot op;''^^" -/ -^^^ ,,, several divisions of a ,vill hrint; into actual and ^ ^^^^ ^,^^„, •,, which there li.^ Road. These ^---^ ^ /^^ f, ,.ore, where the cnt- ,s no deep cntimg. In u U - ^^.^^.^. ,„, ,f ,Ue road an.rs between them are ^^^"'''^ ^' .^i,^. ,,„a, at the pomta ;;;.:; ,. connected by ^'- --^ ; r::Lrtime, a considerable of th..ir separation, and , curiosity or ac- leuoth of hue may l.e P^'^^ ^ interested ; and commodate the business ; ^ ^ ,,, „,,y l,e taUen out, ,vhat is n.ore ^'"1'"^'^^ V i w h tlie more remote workmg ,a,d easy connexion kept P v.i ^^^ ^^^^^^^ ^^^^ ^^^^^,,3 parties. ^VUh propci- exeil. , ^^^^ ^^^^^.^,^^ ^j- lue applieauon of >-- ';-^ ^ ^able extent of the road ; seiners and I'-l-^'^^ ^^^'":: ^^^ ' , ,,urns of hUerest on the tuns early ««^^^\>-^"^,^; ^'^ not convenient or practicable capit.1 expended. ^^ ^ - ^^J^^^^^^^^ „f , ,vork, woodert to have the iron, a h. c > ^^^ ^^^^^^ temporarily, sc ribbons or scantling, ij^^^^^ ^^^ ^^^^^^ ^,^^,^,,,, j^ sugar ma. ,,lc or icdbceicli. .mount of labor, the more ' ,„ ,U concr... -nm""S7f ;";j_„,,aa,c„>orcd>rec. .„n,lc the pla,> t„,on wh d, »1 -^ ^^ ,^^^ , .h„ „,„1 sl>.et the ■-''l"'"^"",\ ' - .1,0 i^Uut above detailed, .e- ,etter a . b' ^^l^f 't ^ , .L.d' the eviU of large eol- cures these advantt.-c^ ^ :-i ':■! -"" ear.,. J,;;-f ;;po. „e .„«: ' '- » w,*. "^ ';- »'"»'-■ Uol :;'"'" '""-■ Ti,e T""""' ^"".i^' Of « <^»S oh»m4 .'. "'"''••' "'"J pCi """'" '"■"^.iTv;;"''.'" '""aabou, L ' ''"'" "'■or.>.s.,,i ' " ''■ ^•■"l rosZ" ''''" l.'':'^^'"' con. '! '■« 'o lay '•'SO of (/^^ '^•'"^ on 'y J-oven Covcf n/id s or St rj lintal ol)i<'Otion to ihtur adopiion m now ilistrlctD of country; and tlioy ou<,'lit not to l»o ndopfnl if mpitnl wcro ever so al>lUirl:iMt. 1st. I'ixpnrionoo 1ms shown llmt RfiW(ul finibor ronds are ol)j(!ction(ililt5 when n|ipli('d Id soIIh oI' secondary lornintion, bocansc llio tinilicr work has nitt sullicinnt hcnrinj^ Kurfaro to resist thu ncfion of rains, which sciitlu (htiu into tho >;rade ; and they rmuiot s'.istain tho picssuro of locomotives with heavy trains. 2d. TIio tinil)cr wurk is plac(vl in tho most exposed situa- tion jiossihli', and iht; form uf pri'j),'irin<.r and jilaciny the cross tnnhers snltjects dicm to tho most rajnd decay. 3d. The timhcr is too hght, yiel(hng under tho weight of the engine. 'I'lii.s yielding and iho sotthng together of tho joints formed hy the eross timlicrs in horizontal sections of road olfcr an olistriiclioii to lh(! passtigo of wheels equal to a slight a.scending grade. -Ith. In a norihorn climate, the winter frosts produce great injury on all such roads. The cro.is timber.'^ being covered with earth, wlicn this earth freezes, (which is tlie most expo- sed j)arl of the surface) the cross liml)ers are raised from the sills, and thus a derangement begins, which spreads and bo- comos considerable iivery year, especially in winters of great severity. As those evils disclosed themselves to my observation, it l)ecamo a great object to contrive tho means of avoiding them and intn diicing improvements combining durnbilify, strength and economy. 'rii(\se are requisites of e.ipecial iinportanco in new districts ; and diincnlt of nltainmenf, in soils, rich and deep, and liable to hard frosts. They result, in an eminent degree, from the ron.struction which I have recommended. That method (inds most of ibe inatorinls on tlu; spot, in the heavy forests wliich encumber tlio soil, and which may be brought into, and constitute, a principal jiart of tho structure, at an cxp'^ise .scarcely greater than would be incurred by removing it out of the wny. This very valualilc (eaUirc, in rny ]ilau, adapts it, most hnppily, to woody districts, where tipon the old methods, the timber could not be sawed and dc- J 1 i^-ki ^ Up 1^ if '""S'li of „m„°\ "' ™'"'. -^cro,! In son, ' ^ "■"''" "'« '"P «■"■" lliiny tol'""- "'■•"'" clo.c„r cl.w' '/','" ■'"""■'■•"■ si..,,,- "•^ '" 'noroaso ,r ° ™''""'-'' '<" lo l,e dor,' '"" '"'' ^'""c :"■":■" »=''-"., 7o' :; ';"" ""*•-"' t .rr'""'"-"- >" 'Ofui creates -> • '^' i''iJ''t>' rnm..^ ■ •'^ "' ^^<-'<-'/'njo- ,„ ^^"s plan 0/ con., "^'•'^uction aiid ^•^P^nsosoftho p "'""^"-n nmeriallv vol If 'y ^-ns, '^^:y <%>n.„.,r ^ : ';:;^ ''- ^--o ana tj'vcs tiie Jovofs /^^'•'^ 's fimher '^'^ «-'-«dc. and '"onnt of ton- ^-^'cq)t f/,e fop '^'^ ^'^'- a ;n-oae ^ ^^'"^ ^ncJnrc «'^"ch is ,.„t '■^*''c, sccnrcN ^'*''^^- ''7 tu'o '«'>'or'feon '•^ '^"i- sfono ^"S'fiJafccj cross am] '•"ofnrc, in ^ «ll)OVC • ncnts avo ''f inro-o Jonr,//,^ ', at all, "», and '^eiasti- f' cars. (' iroji 1 aiid ^ and ''">ea- J, by ■<"li. 20 upon the cross timbers, and transfl'rs tho points of rnrvnlnrn from tli(! tuMiTcnts, jnoscrvinir tlie niniimnciits on tlu; s)rfti<,''lit lines, nnd (liroctinj^f the si'vcral j^ratlinp; parties to form their slopes, as they proceed with tlio excavations and embank- ments. It avoids the ledions dc'ail of stalling out llio work for the contractor, or sn|H'rint"ndent, n;))lacii)g from time to time tlio stakes lost by the culting, irrubbing, embanlsj)onsibility of those liaving charge of them, contributes essentially to economy. Practical men know this can scarcely be too much insisted upon. In the ordinary mode of constructing a Rail Road too much time is lost from the inexperience of Directors, in determining upon local interests. The first year is occu])ied in preliminary and fmal surveys. Then comnienres the work of grading, oc- cu]iying another year, and r(M|uiring the following wiiUer and .spring to giv^e time forem1)ankments to settle. A third season is demanded for putting down the timber or stone work. From delects in various ])arts of the work, particularly incm- bankm(;nts, and their connection witli the non-mechanical jiiU'ls, the next year embraces large disbursements for repairs. The salaries of agents, the pay of laborers, the interest on capital expended, and the cost of repairs for so long a time before the road begins to be productive, operates un' worably Tipon the stock, discourages individuals from embarking a second lime in such enU;rprizes, and produces the worst ef- Ibcls upon the whole policy of internal improvements. Any method wiiich re([uircs goino- over the hue of construction .s(!- veral times li)r the couijtletion of it, leads to unnecessary ex- ]tense, anu ou^ht to be rejected as needless. The {)lan litre- i, !' i!:i (f* ii 30 m propo..o(l avoids such needless oxnon^e nn^ u -^ nomy in the item already rofi-rrcd fo ? ' '''^'' ^^^«^«- ^-0 power, i"ci.pe„si,!;;;;:r ;: ::^'-7 convcnionce and cost of fn.,, i ' ^'^^^^^^'^' ^vitli all the n- case, 11,0 irra,|o lino wouWIv.?! l«niculai-s. I„ ,his s"rfooe,,ho ,vkl,h of «,o tad bo^? ,"T''"=™" ^"'""h" would bo 21 foot ; tho ZrlZ f °" "'° '""'''«=« the usual l,oi,*, ;f ,,„ up °" ''"."f "'<= "''^''"^ out down A mile of road will m, rrM «? f ■"■ '"' ""''"' "' '"0 &«• J-', 'o 21 inches in d I^o, 1 o-fnT ''";' '" '^""«' »<> linoal mca.uro, 18 lo 21 ^01,0^,; *="' ""^ ^'"°S P'"™,, or 30 foo, Ion,, ^ch A ,Ti™ ,'"""""' '""' "> !««»» 20 -^bove ...ooiliea, „t uu ' "0 Jia'" T '"",""' ^'"""^-^ '"' '"° To cora,,lo,o,ho .imbo to,7l, "'f''"'^ "' "'" "'"='«='• -riptiou, wUluu ouo:oIa.,„™i:,r2 ■:';"""■''■"- "- rciu.re tho sorv,ces of the mZ ' """ ''"'''■ '"'» together in a shantco on to lino 'o '7'""''' '""' '"» ''^o cuiefora^e aud uup'i:::':;':;:;;' """ "" '"^ o'"™-"^. "5tef^t;;;;:Jrjit™;;'ii;"'-.^c.ia,,a,,3.. p;=rb?!,---r- ■ ■ - : : 1^ A^e aiul Sawn.c.n, yi days, a, a* ^^^'l "' ^"'- ' " Such is tlic amount of lahor and m.t nf '^'"'''' "r^"?frsr,J5 to receive the saw.d scantlin / " d'r^^''''''''^'''"^^^'''^'»i"^'^«r, rcnse for mechanical labor o^onyVo "iT ""^'""^ ^^" ^- ^^xecntion of sucli a work at n much "''" '^^^"-^^'^^^l 'he i»? the mechanical part To 2 f l '''' ^'^""■'^' ^'^'^'^P^" Ponse of such a pro ess the fnl' ^""^P'-^^'^'^vely the cx- of road 100 feet uHv dll ' 7'"^'' '"''''"'"' "" "^"^ width, would m area contam 12,'^, acres, 1 /r'^'-'' of the '^' "^^ the in. '««» ^vhich is '"'^^^y to re. ^^ ^'ost ,7, ■^- -f^U/iis ^^^f/i the s'lr/nce 'i'tches -"t dourn '^^f^, the ^th and P'oces, Pccs 20 ^or the J^ciies, 's dc- i iiVo ious, ^; 7 I 31 which to clear and fciico, and prepare for a crop, at $20 \^i acre, would cost the farmer $2i2,U), which would be but little less than one haU' of the expense estimated to slash, clear away and prepare the timber in the lorni proposed. To prepare the grading for this mile, the road bed being 14 feet wide, and the earth having a slo[)o one and a half foot base to a foot rise, and covering the timber to the ui)per surface, re- quires the excavation of ditches 2i feet deep, 2^ feet wide at bottom and 10 feet wide at top, with a slope as above, and con- taining 0111 cubic yards of earth, which at 10 cents per yard, amounts to $011 10 Add to this the cost of the timber work as above 515 00 And the aggregate is $1120 10 The experience that has been had upon the Tonawanda Kail lload, ro([uires a change in the mode of placing the tim- ber m the cuttings, which has been to trench in the timl)er work, without blocks. In the process of grading, before the drainage is completed, this mode, with loads of ten tons, leads to a derangement of the timber work, in wet weather, before the permanent rail and iron are brought to the aid of the su. Perstructure. Blocks of one foot in length should be used in the cuttings, and the whole road confined to the same descrip- tion of support. The drainage of the road is effected from within the rail, at each 100 feet, by "ivies bored or notched in the scantling, and directed to the d^' ■ • ■■, The adjustment o' ' o road, wlienever necessary, from any defect in the superstructure, isellbcted by uncovering the joint and raising it to its place by wedges ; no ordinary adjustments are required; the iron remains in as perfect a line as when put down with instrumental exactness, and without any derano-c- ments by severe frosts. In grading the Tonawanda Rail lload by the use of the road and cars, (which has involved the removal of more than one million of yards of earth in 32 miles of road) experience justifies the assertion that it has been performed at one half the expense required to do it, in the ordinary mode und by contract. The '( i- :■! 'i.-t(«„ „n '"'«"•<=» h ,, ', '"'■•'-■'■'I'"™. 0,-c. ''"'''""''•^•i cij ^""«0«i^ , '"''■""■'"< '.," U^ "' "" "'" C ','"" '"«"«' ""■"« i'' », ' " '"■•'" '"'" ".. ,0 r " *""■'■ '"■„,'!'■" <"■ ''" '"'<"■«', Wo?'"' ""'"■»"•'« • '";" '" ''•■'-- luf"""' ""i "J^o. ;,' " '""^ "o( .■,c„,„, ' , '■ "'"' " jusl ,,„„': '"'i"«i(o in. edj JiJdi '^ «")t;',iit. tlial what is dillicult of exe- cution in all tlll^;. shoii'd Ik; doi-(; faithliilly iuul accurately, that it' eoiilnirtors are enij I"yi d, ne.irly as much cost of super- intendence and \ii:il;inc(> will lie necessary to secure accuracy and lidelily. as would In ;i;lri|iiate t(> the wliole task, without the use of colli r,u:l(M''. W li_\ not leave tliera out of the list of agents altogt'tber then in smli case, and lluis save th:? consid- erable sinus of nioiicy, v.liiili (^mslilule the only i.iotive to their jiersona! (;xeriioiis .' IJe^ides, conlractors themselves se. cure their savings o-cncrally, by dividing their work into dis- tinct portions, and employing over each, subordinate sui)erin- teiidents accountable to them, ;aid thus in ell'ect take the pro- per station of Commissioner, in relation to such share of the /ll Work nsm h ^^ ^r-£ S"-""~r =s-s "borerandf'e forme, ,;,„, „ "»"' Jn«(ice „„<, „ "^o '<^k oarnes,^ r":"'"'y- Undo"? "''' *«"'» (o Z "'e laborer h« ^''^^c av,i// t "'"'^ecfjy qj. ^- ' ."'at are '^^'^e and e* !7"^« 'o the l\'ontracts, r previous "^^^■e^- and performed '^ ^'Verted f S"re to •/etion ; if ^^e com, nd high per for, directly to Pay JPany, ' ^vith h the 35 The scantling to be used for the road, I should recommend Iteing of red cedar. There being an abundant supply on Point Pele Island, where it may be shipped to Sandwich, Chat-, ham, Grand River, Gravelly Bay, Point Ebino, and Fort Erie where exist good harbors for vessels, from which points' it could be carried out upon the lino of road ; or landed at other harbors requiring but little land carriage. This timber could be used with great economy, the scantling being small and of any length. It would give you a good substitute for a stone and iron road, if I am correct in my views of the durability of timber placed in the grade. The line is divided into three divisions. Eastern, Middle, and Western, as follows, to wit : The Eastern Divisioti, extending from Niagara river in the town of Bertie to Black Creek in the town of Woodhouse, be- ing G4 miles 27 chains. The Middle Division, extending from Black Creek to the west line of the town of Oxford and west line of the Mo- ravian Indian Reservation. This embraces that portion of the line that is on a high level above lake Erie. Length of this division, 93 miles 79 chains 85 links. The Western Division extends from the the town of Ox- ford to the Detroit river at Sandwich, being (J8 miles 42 chains 15 links. Total distance 221 miles 69 chains. the ab/e of J»a;:;,;--«. „.,,„„,.-£;■;,: |°.!!f''''''''c>c,.^'.i;i''''».f /ion, r;,.„,„, p. ~'» 0« 00 40 on 00 ^S 01) 00 ■C2090S iV ,, 00 «, to \yil. . II ■ Vil- i'-'<' 00 00 0/ "/- '0 r>ii 00 f„, '^"0 00 00 "'.'? 7.1 00 .;'' "0 on -0 o„ ^^f 50 00 00 :) 19 II ^ 00 00 00 00 00 00 00 00 00 00 ♦ ■;? .c '>777 ofi or 500 00 00 /]IMI 00 00 i^oO 00 00 30 00 00 37 MIDDLE DIVISION. SiiXTioN No. 1. FiXUiiuls from Hlack t'lrolc to tlio suiiiiuit li('l\v('(.'ii l*iilU;rsoir.s(.'i(H!k niid Uin- ( 'it;cl<, i;{ iiiiNs iiud :M clmiiis, :5lll,(l'j:) ytls., at (W/., Ciilvtu't ut ."'inicoo over Puttcrsou'sCiuck, VindiK'tovor IJIadc (Jniclc, 2 Viadiicls over ravines, J^ 125, G box Culverts, Jt5, Skctfon No. 2. Extciuls from tlm snminit cast of Mlack Creek to the .sununit east of the ]V\ir Otter ill the town of Mitli.ll(!loii, 13 niileslOchains, '.)3,5ISyd,s. «ri.di!i;;ai Or/. JC2337 IS 00 Viaduct with double truck across liig Creek Valley, 75r!0 00 00 Viaducts across 3 ra\incs, £250, 750 00 00 8 box Culverts, £5, 40 00 00 Section No. 3. ExMends from the summit in the town of iMiddletoii to the suiiiiuit west ot K'etlie Creek in the town ot South v. old, 20 miles 15 chains and bo links, 235, '.)05 yds. ot' i^radinjr, at (W/., Viaduct over the IJitr Otter Valley, Viaduct over the Catfish (.'reek. Viaduct over the Kettle (I'leek, 5 Viaducts over ravines, 12 large box Culverts, S^IO, Section No. 4. Extends from the summit in Southwold to the east line of the town of Oxford, 37 miles and 40 chains, 307,500 yds.ofirradinir,atr»(/., £7087 10 00 Two Viaducts, £20, 40 00 00 11 box Culverts, at 5 to £10, 85 00 00 5SR1 10 09 8250 00 00 000 (K) 00 8500 00 00 1025 00 00 120 Oi 00 19 11 £53835 01 04 it < I 'I H 38 36 ^^^-;.o^ No. , 'l^f ^EilN DIVISION '^"<^t over JVf,r> '"^^ J'^rds o/ l^ 00 00 ~^ 00 00 36 00 00 ECT.„.. », ' °' *6, 39 ioO 00 00 J^? 00 00 72 00 00 ?I ^^ 0« ^<' 00 00 i i6 00 00 00 00 00 JO 00 00 ^00 1)0 'i ABSTRACT. Eastern Division 64 miles, 27 clis., £20908 19 11 Middle do. 93 do. 79 do. 85 links, 53835 01 04 Western do. 63 do. 42 do. 15 do. 13793 18 00 221 69 £88547 Timber work, slashing, grubbing and clear- ing of 221 miles, 09 chains, at £250 pr. w.,* £55465 Iron and splicing plates, at £450 per mile, 99838 Spike, at £50 per mile, 1 1093 Sawed Red Cedar scantling, £50, 1 1093 Laying Iron and scantling £25 per mile, 6546 Engmeer Department, Commissioner, Depu- ty and Book-keeper, £12500 Workshops, Warehouses, Wharf, Carhouscs, &c., Sidelings, Turnouts, Scales, Circles, &c., at ('astern Depot on the Niagara River, complete, Do. the westc^rn Depot on the Detroit river, Statinii houses and branch tracks, 100 Pleasure Cars, at £200, 200 Freight Cars, at £50, 15 Locomotive and Tenders, large class, Land for [)opots, 10 acres. Damages for lands and fencing, in the present state of the improvement of the country, £50 per mile, 19 03 12 06 02 06 02 06 02 06 U 03 GO 00 10000 00 00 6000 00 00 4000 00 00 20000 00 00 lOOOO 00 00 27250 00 00 500 00 00 11093 00 08 Total cost, £371927 11 02 The estimates are made at such prices as it is believed the work will cost, without adding per ccntage for contingencies. * The timber work is here estimated at nearly double the cost of ex- ecuting the work in a favorable section. Portions of the route would require hi£[hcr blocking in some cases in embankments and deep allu- vial deposits, and in others requiring the timber moved into improved grounds, open prairies, or swamps, where there is not suitable timber ; also, purcha«e of timber which would probably increase the aggregate expense to 200/. per mile. By the estimate I have allowed 20 per cent, in additioa. I I 41 "'-"" -rh. ii- Offer. iiif. ' and (/n> In a \rnrk of such groat extent nnd expense as thin Rail Rond, prudence denmnds strict economy, not only in the lo- cation of the Une, and the particular plans adopted at all points of dilticulty, hut also in determining which part of the work shall bo first constructed. The line proposed approaches to within two miles of Dunville, on Griuid River, and at Chat- ham at the head of steamboat navigation on the Thames. My views of iKicuniary advantage to the stockholders, would sug- gest the propriety of making the load between these two pla- ces first. They are miles apart ; and a connection, by branches, with the navigation of each of them, which would reipiiro but little exiHinditure, would immediately lead to a pro- fitable use of ti J part conipl(>ted. The pense of the Middle Division as per e te page 37, is £53835 01 04 4th .on ol Kastern Division, 8579 19 11 1st Section of Western Division, 3979 01 00 Mo m. 2 chs., i2 Iks., of Iron, scantling, &C., 115689 10 00 The necessary proportional expense for this part of the route for Engineer Department, Commissioner, Cars, Locomotives, Sta- tion Houses and Depots, may be estimated at 60274 00 00 £248257 18 03 The point of intersecting Grand River is at a good harbor, on Lake Erie, and will enjoy all the advantages of navigating that lake ; a useful connexion will be opened, to the descend- ing navigation of Grand River, to the navigation of the Niag- ara river at Chippawa and Lake Ontario, through the Welland Canal. These navigations would be particularly beneficial during those considerable portions of the year, when the fall storms render the open lake most dangerous, and spring accu- mulations of ice render all navigation to its eastern end im- practicable. From Chatham down the Thames, to all places from Lake Huron to Sandusky Bay on Lake Erie, a steamboat navigation can be enjoyed for as great a period, when the or- dinary lake navigation is most difficult. In two years this section may be well finished, and its use would bring- in receipts to the company suflTicicut to enable the 6 ri f'T m m 42 dividends to meet thn . .1 ^''oJe uudertnkinrr.'Jf' '^'"'^''^ "^ the completion of M -d Point E,.;'' i„^ j^^tr' '^P-es near G^'y^^^:: 0/ tJio -p. "*^ ^^^^'^t t'le line -,n,.; , ''"""""'cat/nff hv ^m an the capual necessary to i 1 T'"'''''' "^'^^^^n to ^y this sno-o-ostion of con.nf I '^'^'^Pl'-'ion. " l^ not mtended to dclC T"'^''^^'"? ''^^ 'niddle section fi ^^y^"cl the time in t^ ' .'""^P'^'^'-n 0/ the u^^f " ^'■^^' '* fh^ / , "^'^ StockJj<,]tIp- r.,, '■^''^« most advnnfn the whole route aro r . ^ ''*' "^"^^t exnenskv, ^'^"^a- tvvo beino- of .n , ""^ ^" '^c middle T^"^"'"'-' «« P^i^hment vn lin?r''''r ''^^'"^>'' - o pi .TT'.^'- ^ther Pecuniary and m, ■"' ^""^'^'^' only i,. T ''^^'^ '"^^^om- 'Jetion of (he ^vould be ac- ^''nomicnl ac- "e would be mting-poinis 'c extension "« to bring he succos- "y^ayand Heating by ''^e rnoiuh iavoraWe 'troit, ifnconirnt '''•scriboc/, o be sue- cftain to fi first, it ^oniont f'v'aiua- Jlit.s. on B other ^cconi- >cnp/if /)e dc- ;nrva- d S-e- ^.ifod ' ad- iflof Id if ion hr ho on 1 4 i 43 will bo broufflit to oontvibute essentially to tho enlargement of the annual dividends, and this contribution will be uiost cheer- fully made, being in truth only that reasonable tribute, which good sense and justice may levy upon the natural advantages of local position. The great length of the route — the unparalleled extent to which it is absolutely straight — the ease of the curves, where curves are required — tlio absence of all but very moderate grades of ascent or descent — and the practic ibili^y of passing over its entire distance between sunrise and sunset, with lo- con/otives and heavy trains, under a very diminished pressure of the tractile power, are circumstances which could not he so extensively combined in any country but yours ; and which will be equally important in your road, by the annual saving in the cost of traction and the perpetual giaiifications of inte- rest and curiosity, which they will oiler to men of business and science, It is obvious that the profits to be expected in the shape of dividends, will depend upon the outlay required to complete the work, the cost of maintaining the requisite power of trac- tion, and ' "°"^« ''""I" to i rorpcse of reccivin' „" i"^ 7'' »' ""')' »''"" direct, for the ^"i Company, first g liro::,'," ""• '»'''"'' -"'-k "f *o 1"-- of taking said"s,„«r;,;:r° ""'"° °^ "'« «■»- -d Tl.». the capita, {^ I? r*;; %f^ ««/-„.,V^ „^„,„„,,, Kal Road Company shall he fil^ '^'l''''' "'"" '^'='"« RivcrJ ■n sLares of six- po, nds n ' J", '""""''■d Ihonsand pounds -f-.rthonsandsi.^resoflL'TnT^'''""'' •■■»'-"-« centers of said slock, with . ° ^ """' '« ^"^cri W.Ihe sub -"; ;>.em for .hatVur" ',:"';"-"-"'.»" associate '''lall bo and they „rc hen.l „ ^''^^ssors and assi' ''o^' H'o Purpo: -to names m„y sue „ d^ ed" T;; "' ""' "' •"™ ' o ':. Soal wh,eh they ,„„y alter ;"d I' "'">' '"« '■' fonm on have „„a „„j„y and'm y \t;™™ "' P'-^«™-. ""d shai? privileges which appertain ,0 rw ''""'"'■ "*'''"^' ""d -s mentioned in ,,,1 Z PrlTV"^'''' '"' '''-^ mn^o- heroin contained shall ox endt::fr '""''^■'' """ ""thL, •o-ryonthe business orB^n,^^""- "« -d Company" ^'- '--.d Ni^itrriiXt r "••■'^ ">-"'•"■ " ^^oad Company shall have 1 47 full power and authority to explore the Country lyiufj between the River Niagara, in the Township of Uertie, in the Niairara 13istricl, and tlie River Detroit, in the Township of Sandwich, in the Western District, and dtisiirnatc and esluhlish, and (or the said Company to take, apj)roj)riato, have and hold, to and for the use of thcni and their successors, the lino and bounda- ries of a Double or Siii<^le Riul Road, with their necessary Rail Ways, to connect the River Niaj^ara, in the Township of Rertie, in the Niagara District, and the River Detroit, in the Township of Sandwich, in the Western District ; and for the purposes aforesaid the said Company and their agents, servants and workmen are hereby authorised and empowered to enter into and upon tlie hnidf; and irrounds of or belonging to the King's Miijesty, his Heirs or Successors, or to any other p(!r- son or persons, Rodies Politic or Corporate; iuul to survey and tak(; levels of the same or any part thereof, and to set out and ascertain such parts thereof as they shall think necessary and proper for making the said Double or Single Rail Road, and all such matters and con v(>ni(.i ices as they may think proper and necessary for making, elll'cting, preserving, im- |»roving, completing, and using on the said intended Rail Koad ; and to fell and cut down all timber or trees standiuir or beinjj within one hundred and fifty feet on each side of said line of Rail Road; and also to make, build, erect, and set up in and upon tlie route of the said Rail Road, or u[)on the land adjoining or near the same, all such works, Ways, Roads, and conveniences as the said Company shall think requisite and convenient for the purposes of the said Kail Road ; and also from lime to time to alter, repair, amend, widen, or enlarge the same or any of the conveniences above mentioned, as well as for the carrying or conveying goods, commodities, timber, or other things to and upon the said Rail Road, as for carrying or conveying all manner of materials necessary for making, erecting, furnishing, altering, repairing, amending, widening, or enlarging the works o^'or belonging to the said Rail Road ; and also to place, lay, work and manufacture the said mate- rials on the ground near to tlie place or j)laces where the said works or any of them are or shall be intended to be made, m \l !ff i I' m 48 -pair, ,„,,,„„„, „„,! ;':»'='"'■■".■ «".lal.^o,o,n„K,, ""■oMgl, ihc s„id i{„i| I „'ff, '""""', <"• P''«'Jros under o^ I""s, „rcl,e.,, „,. „,|,,,. ,,„f^ ,„ ':,r ''""'' '» '"pair any mcs or brook., fo, „„,,,,. r,;^""" "!«« and aomss „„; "'S tho said H„il Ii„,„, „,S d';° „"'"'"!"",'"'' "'"' '•"''"i'- ™l«. and do all o,l,or num rs j ,' '""'' "'f '^ ™^'™el, """k necessary „„d conve em fi ^ I"" ''"'''"""^>"^''"» K-erving, in,provi„„, co,n„| ", „ ' ' , f'™""' '"'""'"S. and ' "art, m p„rs„„„eo and ,vi,l i, ! ? "^ "»'"« «'° -'"W Rail ol llns Ac( : they i|,„ ,. ■ , '""' ""' """ nitenl and meaning -P-il,le in ,1,0 cLe .l,,"^;!;? """'«"-^ l...led„,„ 4 --by granted, „„d nu,,:^ :,^Z^:"'^ ""'""' '" "»» ler ,ne„(,„ned for ,,l| da.na.^es o it '" '""""'=' '«'>^inaf- - "-npiers of said lands e,,:': I'l^l^'^" '">■ '^ o^ers IV. J/r,/ /„ it r.,rlhcy .,2? , ' "'"' '"•'■«'nan,en,s. ■'•"»' 'I- Preside;;, and Di :Z':i^ '"« -M,„.,V^ „^„„,„,,, P"n«ed as hereinafter ,ne„ o,,"? „ 'f ?"'P""''' '» !=« "P" -npowered ,„ eon.rael, ,Ztd eon"" ' """'"™«<' ""^ nay delennine to eons,™ t ,he° „" X » "'"'" '"'"•■•'■ ">ey chase of so mnch of the s-,id In,,!; ^ '*"''"'' '''"""■ l>y m,r- -'P'i- for ,he purposes fl, ^ j'^f "'»=- - *oy sS "S" >W,ieh he, she, or they sl!lfntT '"'"''' "' ''"'■ "'<' ^'m- «'>•" of the said Co„,p„,"^ ■ ,"'' ""'' ■""!' '« en,i,led to re- "nded K„i, ,j„„d hei,f:' f; J" -^^eqnenee of the said in- '-. hor, or their respeetive latds " '^"f '"'°'' '" »"" "Pon "Sree. or ,f the o™ef or o^ f „', "t' V','" P-''^ ea,l. -Inch the land or prope,tyCamed t; "r""' "'" "''"™' '" * »a''ho shall I 'he Sheriff of ,he IdftsWeT e'r' ^t """ ""'' -^-^ " ««l, to one of (he CoronerlTlv, n *'**"'«■ be inter- summons a Jury of .Xteeh„,f '''™'' ™'>"™g Wm '" «ny „,ay .n.eresfed n. the naUer '! '" "^^ °'='"-'°'. "». •natte, or related to the parties, 49 to meet on or near the land or property, or materials to b« valued, on a day named in the said warrant, not less than five nor more than ten days after tlie issuing of the same, and if at the said time and place any of the persons summoned do not attend, the said Sheriff or Coroner shall immediately sum- mon as many as may be necessary with the persons in attend- ance as Jurors, to furnish apannel of twelve Jurors, and from, whom each party, or his, her, or their agent or attorney, or if either be not present in person or by agent, the Sheriff or Cor- oner, for him, her, or them, may strike off three Jurors, and the remaining six shall sit as a Jury of Inquest of damages, and before they act as such, the Sheriff or Coroner shall ad- minister to each of them an oath or affirmation that they will justly and impartially value the damages which the owner or owners will sustain by the use or occupation of the land, or the taking of the materials or other property required by the said Company ; and the said Jury shall reduce their in- (luisition to writing, and shall sign and seal the same, and two originals of such inquisition shall be made and executed on the same day, one of which shall be delivered to the said Company, and thcotliur to the person claiming compensation; and the property taken and tlie boundaries of the land occu- pied by the said Company shall be set forth in such inquisi- tion, and if, upon motion made in the Court of King's Bench in the Term following, the Court on hearing the parties shall find just cause for setting; such inquisition or award aside, then an order may be made by the said Court for that pur- pose ; and it shall be lawful for the person claiming compen- sation to proceed in the same manner as hereinbefore directed for obtaining another valuation, and the inquisition or award that may be made thereupon, shall be in like manner subject to the control of the Court of King's Bench upon a hearing of the parties : Provided always, that upon the money asses- sod as the valuation in any such investigation being paid or legally tendered to the person entitled to the same, the pro- perty so taken and valued shall immediately thereupon vest in the said Corporation as fully as if the same had been le- gally transferred by the owner thereof for such term of time 7 60 7 !^ ii'i m as the samo may be required for the purposes authorised by tliis Act, and if the money, wlien tendered, should not be re- ceived, it shall nevertheless be incumbent on the said Corpo- ration, at any time thereafter to pay the same on demand with- out costs; and that the Sherill'and Coroner, and Jurors to be summoned under tliis Act sliall be entitled, for the services rendered by them, to be compensated in the simie manner as is provided for similar services by the twentieth clause of an Act of the Parliament of this Province, passud in the third year of His present Majesty's reign, entitled "An Ati granting to His Majesty a sum of money, to be raised by Debenture, for the improvement of the Navigation of the River St. Law- rence." V. And be it further enacted by the authorlly aforesaid, That whenever in the construction of the said Rail Road it shall be necessary to cross or intersect any established road, it shall be the duty of the said President and Directors so to con- struct the said Rail Road across such established road as not to impede the passage of persons or property along the same, or when it may be necessary to construct it through the lands of any individual, it shall be tiieir duty to provide for such in- dividual proi^r wagon ways across said Rail Road from one part of his land to the other. VI. And be it further enacted by the authority aforesaid, That if the said Company shall neglect to provide proper wagon ways across said Rail Road, as required by the pre- ceding clause of this Act, it shall be lawful for any individual to sue such Company, and to recover such damages as a Jiiry may think him, her, or them entitled to for such neglect or re- fusal on the part of the said Company. Vn. And be it further enacted by the authority aforesaid, That if it shall be necessary for the said Rail Road Company, in the selection of the route or the construction of the said Rail Road, to be by them laid out and constructed, or any part of it to connect the same with or to cross any Rail Road, canal, dam, or bridge, made or erected by any Incorporated Company, or authorised by any law of this Province, it shall be lawful for the said President and Directors to contract with 51 such other Corporntlon for the right to cross or use such road, canal, dam, or bridge, or for the transfer of such of the Corpo- rate or other rights and privileges of such Corj)oration to the said Company hcre!)y incorporated as may be necessary in that respect, and every sucli other Incorporation, acting under the laws of this Province, is hereby authorised to make such contractor transfer by and through the agency of the persons authorised by the respective Acts of Incorporation to exercise their Corporate power, or by any persons who are by the law of this Province intrusted with the management and direction of such Kail Road, canal, dam, or bridge, or any of the rights or [)rivik'ges aforesaid, and every contract or transfer made in pursuance of the power and authority hereby granted, when executed by the several jKUlies under their respective Corpo- rate seals, shall vest in the Coini)any hereby Incorporated all such rights and privileges, and the right to use and enjoy the same, as fully as they are used and enjoyed by the said Cor- poration in wlioni they are now vested, VIII. And he itfurthareiHU'ted by the authority aforesaid. That the President and Directors shall have power to purchase with the funds of the Company, and place on any Rail Road constructed by them under this Act, all machines, wagons, car- riages or vehicles of any description, which they may deem necessary and proper for the purposes of transportation on said Rail Road ; and that lliey simll have power to charge for tolls and transportation, such sums as shall be established by the by-laws of the said Company lierel)y incorporated ; and it shall not be liiwfnl for any other Company or any other person or persons to transport any ]n"ssengers or merchandise or property of any description whatever, along said Road, or any part of it, without the license or permission of the Pre- sident and Directors of the said Company ; and the said Rail Road, with all its improvements, works and profits, and all machinery used on said Rail Road for transportation, are here- by vested in the said Company Incorporated by this Act and their Successors forever ; and the shares of the Capital Stock of said Company shall be considered personal property; and shall be transferable agreeably to the by-laws of said Company, 62 ■f.i and subject to bo taken in cxccutiun agreeably to such laws OS arc or may bo hereafter in force. IX. And be it further inactvd hij the authority aforesaid, That the President and Dircct'irs simll annually or semi-an- nually, make such dividend as they may deem proper, of tlio net profits of the resources of the said Company ; deducting the necessary expenses, and they shall make the dividen*! among the Stockholders of the said Company in proper pro- portions to their respective shares. X. And be it further enacted by the authority aforesaid, That if any person or persons shall wilfully, knowingly and maliciously, by any means whatever, injure, impair, or destroy any part of the Rail Road constructed by said Company under this act, or any of the necessary works, buildings or machine- ry of said Company, such person or prrsons so oHending, shall each of them, for every such otfence, forfeit and pay to the said Company, a sum not exceeding three times the amount of damage caused by such ofTenco ; which may be recovered in the name of said Company, by an action of debt in any Court having competent jurisdiction ; and shall also be sub- ject to an indictment, and upon conviction of such offence, shall be punished by fme and imprisonment at the discretion of the Court. XI. And be it further enacted by the authority aforesaid, That so soon as a double or single iron or wooden Rail Road shall be so far completed, for the distance of ten miles at any one place, as to be capable of being used for transportation of property or passengers, the said Company shall have full power and authority to ask for, demand and receive, recover and take, the tolls or dues to and for their own proper use and benefit, on all goods, merchandise and passengers using or occupying the said Rail Road or any other convenience, erec- tion or improvement built, occupiec^ or owned by the said Company, to be used therewith ; and shall have power to re- gulate the time and manner in wliich goods and passengers shall be transported, taken and carried, on the same ; as well OS the manner of collecting all tolls and dues on account of transportation and carriage; and shall hav» full power to B3 oroct and maintain such toll liousos and other buildings for the accommodation and proper transuction of their business us to them may seem necessary. XII. And he it further ennrtad hy the. ntUhnrlhj aforritaid, That whenever it sfiall l)C necessuiy for the construction of their single or double Rail Road, to intersect or crnss any stream of water or water course lyint( on the niiUc of the said Rail Road, between the river Niagara in the Township of Bertie, in the Niagara Distiict, and the river Detroit in the Township of Sandwich, in the Wosturn District, it shall and may be lawful for the Company to construct their dcniblo or single Rail Road across or upon the same ; J'mvidrd, that the said Company shall restore the strcmi or water course thus intersected or ^crossed, to its former state, or in a sulficicnt manner not to impair its usefulness ; and shall, moreover, erect and maintain, during the contitmance of the Company, sufficient fences upon the line of the route of the double or single Rail Koad. XIII And be it further enacted by the nuf/mrify aforesaid, That it shall and may be lawful (or the President and Direc- tors of the said Company from time to time to fix, regulate and receive, the tolls and charges to be received for transpor- tation of property or persons on said double or single Rail Road as aforesaid hereby authorised to be constructed, erected, built, made and used. XIV. And be it further enacted by the authority afori snid. That so soon as a President and Directors have been ap- pointed as hereinafter mentioned, it Suall and may be lawful for them to call upon the Stockholders of the said Company, by giving thirty days notice thereof in any newspaper pub- lished in the Niagara, London and Western Districts, for an instalment of five per cent \\\.on the stock which they or any of them shall respectively have subscribed; and that t?^e resi- due of the stock subscribed by the Stockholders shall be pay- able by instalments in such tiuie and in such proportions as a majority of the Stockholders at a meeting expressly convened for that purpose shall agree upon ; so that no such instalment shall exceed five per cent nor become payable in less than i.'^.-^-..-ik^!--...^.. 54 thirty (liiys nOcr tlio piiMic notice in \hct nowspnpor or nows- IHipors ulorosiiid : l*roriilril uliroi/s, thiit tho siiid Prosidcnl and Directors sliuli not coninicncc tlifi construction of the said Kail Hoad nntil th(^ firsi iiistidinciit l)C paid in. XV. Am/ he if f'nrf/irr ( nnrfcil hy tin) anthnr'ty aforesaid, That if any Stockholder or Stocivhoidcrs us alorcsaid shall reftisu or ncffjcct to pay at the time rcciuin^d, any such instal- ment or instalments as shall he lawfully required by tlic Pro- sidt'iil and Directors as (hio ujiou any share or shares, such ►Stockholder or Stockholders so refusin;if or no<,dectinrt, fiilcc and rnrry prnpiirty and persons upon tlio Rftnio l»y tliu power mid force of .steam ttr of aiiiriials, or hy any nieelian- icid or other ]H)\veror hy any eoinltiiiiitioti of sneli power. XVII. And he it furtlnr onartvU hy thr niilhwihj nfitrr.- sai(/, That if the said ('orporation shall not within twt» years from tho passnj^.j of tliis art r(immciice the eonstriit.tioti of said Rail Road, and sliall not within ten years iroiti the passiiiir of this Act constrnet, linish and pnt in operation the whole of tho said Rail Road; then on tiuhiro of tho Company to con- struct tho said Rail Road within tho ten years time al)ove mentioned, the rights and i)rivileiircs of tho said ("orporntion under this Act shall he null and void as to .such parts of tho said Rail Rond as are not finished within the lime limited by this Act, and to them only. XV III. And he it fin/hrr mart id hij Ihv niilhnrily nfnre- said, That whenever four thonsnud shares of the aforesaid St(H'k shall have been suhscrihcd, if within two years after the passiiifi; (»f tins Act the Commissioners first herein men- tioned shall call a ireneral meetinj^of the Stockholders at such time and place as they may appoint hy iriviiiij thirty diiys pub- lic notice of such meeting, and at such meciiing the Commis- siuners shall lay the subscription book before the subscri- bers then and thero present, and thereupon the Subscribers or Stockholders who shall attend either in their own proper persons ir hy proxy, or a majority of them shall elect nino Directois by ballot, nnd the nino persons who shall have the greatest number of votes at any election shall be Directors; and if it shall happen at any election that two or more have an ecpial number of votes in snch manner that a greater num- ber than nine shall by a plurality of votes appear to be chosen Directors, then tho Stockhr)lders herein belorc authorised to liold such election shall proceed to elect by ballot nntil it is de- termined which of the said persons so having an equal num- ber of votes shall be Director or Directors so as to complete the whole number of nine ; and the said Directors so chosen, so soon as may be after the said election shall proceed in like manner to elect by ballot one of their number to be President ; a majority of whom shall be competent to manage the affairs ^ora^B I (I. 66 of the Company, and in said election and on every occasion wherein a vote of the Stockholders is to be taken, every share shall entitle the holder th«;reof to one vote, and every Stock- holder may vote by himself or by proxy. XIX. And be it furiker enacted by the authority afore- said. That to continue ihe succession of President and Direc- tors of said Company, nin 3 Directors shall be chosen as herein before mentioned annually on the first Mondo.y in June, at such place as my be appointed by the Directors ; and if any vacancy shall occur by death, resignation or otherwise, of any President or Director before the year for which he shall have been elected shall have expired, a person to fill such vacant place ibr the residue of the year may be appointed by the Di- rectors of said Company or a majority of them, and that the President and Directors of said Company shall hold and exer- cise their offices until a new election of ^^resident and Direc- tors, and all election^ which are by this Act or by the by-laws of the Company to be made on any particular day, if not made on such day may be made within thirty days thereafter. XX. And be it further enacted by the authority aforesaid, That a general meeting of the Stockholders shall be held an- nually at ihe time and place appointed for the appointment of President and Directors ; and a meeting may be called any time during the intervfd between the said annual meetings, by the President and Directors, or by the Stockholders owning not less than one fourth of the whole Stock, by givi^g thirty days public notice of the time and place of meeting, and wheii any such meeting shell be called by the Stockholders the no- tice shall specify the particular object of the call, and if at any such meeting thus called a majority in value of the Stock- holders are not present in person or by proxy, such meeting shall be adjourned from day to day not exceeding three days without transacting any business ; and if within three days Stockholders having a majority of the Stock do not attend such meeting, then the same shall be dissolved. XXI. And be it further enacted by the authority afore- said, That at the annual meetings of the Stockholders of said Company it shall be the duty of the President and Directors 57 of the preceding year to exhibit a clear and distinct statement oftheairairs of the Company; and at any called mcetino- of the Stockholders a majority of those present in person or by proxy may require similar statements from the President nnd Directors, whose duty it shall be to furnish them when re- quired, and at all general meetings of the Stockholders a majority in value of all the Stockholders in said Company may remove from office any President or any of the Directors of said Company and may appoint others in their stead : Pro- vided, That the intention to propose such removal shall have been specified as one of the reasons for calling such meeting. XXII. And he it further enacted by the autliorily afore- said, That the President and Directors of the said Company before he or they act as such, shall respectively swear or af- firm as the case moy be, that he will well and truly discbaige the duties of his office to the best of his skill and judgment. XXIII. And he ic further enacted hy the authority afore- said, That the President and Divcctois or a mnjority of them shall have power to appoint, contract with and dctovmine the compensation of all sutli officers. Engineers, Agents or ser- vants whomsoever as they may deem necessary for the trans- action of the business of the Company, and remove them at pleasure ; and the said President and Directors or a niojority of them shall have power \o determine the manner of adjus- ting and settling all accounts agninst the said Company, also the manner and evidence of transfers of Stock in said Compa- ny, and they shall have power to pass all by-hiws which they may deem necessary for the carrying into execution all Uic powers vested in the Company hereby Incorporated : Proxri- ded, such by-laws shall not be repugnant to the laws of this Province. XXIV. And he it further enacted hy the authority afore- said, That this Act shall be deemed and taken to be a Public Act; and as such shall be judicially noticed by all Judges, Justices of the Peace, and other persons without being spe- cially pleaded. XXV. And he it further enacted hy the authority afore- said, Tiiat this Act shall not be construed to give power to 8 59 I* HI 1 , Vi f ^1 the said Company to erect ways or works of any description upon or over liie Grand River so as to interfere with the free use of the Navigation thereof. XXVI. And be it furlhcr enacted by the authority afore- said, That notwithstanding the privileges hereby conferred, the Legislature may at any time hereafter make such addi- tion to this Act or such alteration of any of its provisions as they may think proper for affording fit protection to the public or to any person or persons, body politic or corporate, in re- spect of their estate, property or rights or interest therein or any advantage, privilege or convenience connected therewith or in respect to any way or right of way, public or private, that may be affected by any of the power given by this Act. XXVII. And be it farther enacted by the authority afore- said, That if any action or suit shall be brought against any person or persons for any matter or thing done in pursu- ance of this Act, such action or suit shall be brought within six Calendar Months next after the fact committed, and not afterwards ; and the Defendant or Defendants in such action or suit may plead the general issue only and give this Act and the special matter in evidence on the suit. XXVIII. And be it further enacted by the authority afore- said, That nothing in this Act contained shall extend or be construed to extend to prevent at any future period, the Ham- ilton and Port Dover Rail Road Company or any other Com- pany now formed or hereafter to be formed, from establishing Lateral Branches from said Rail Road to Queenston, Niagara, Hamilton, London, Chatham, or any other itlace between the Township of Sandwich in the Western District, and Bertie in the Nia^jara Disirict. "fW«V.4-' ^^^