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Les diagrammes suivants illustrant la mAthode. 1 2 3 1 2 3 4 5 6 MICROCOPY RESOLUTION TEST CHART (ANSI and ISO TEST CHART No. 2) 1.0 I.I 1.25 |5r 1^ |2£ 1 40 L4 12.5 2.2 2.0 1.8 1.6 ^ . APPLIED irvMGE Inc ^S 1653 East Main Street rls Rocheslei. Ne* York 14609 USA JS (716) 482 - 0300 - Phone =^ (716) 288 - 5989 - Fox ACTS Of INCdRPOHATKIl TOOETHKR WITH KXTHACT FHOM TIIK GENERAL RAILWAY ACT; .M.,sr). THE ACTS IN AID OF RAILWAYS AND ORDER IN COUNCIL THEREUNDER KKLATINO TO THE H/lMILTOi AND NORTH-WESTERN RAILWAY Hamilton, Ontario, May, 1874. HAMILTON • Vm.NTED .vr TUE .Pi , TAlou lMK,.,8nrNO HOUSE, CORNER MAIN AM, .,AME: » STREET?. «i©lfe^^«*afl(we»:m ia THE HAMILTON AND NORTH-WESTERN RAILWAY COMPANY -•• ♦•» •4- PRESIDENT : JOHN STUART; M. P, Hamii, TON. VICE-PRESIDENT : ANTHONY COPP, Hamilton. DIRECTORS : WILLIAM HENDRIB, ^Milton. MATflEW LEGGAT, do JAMES TUENER, do THOMAS SAUNDERS. do- ' JOHN FIELD, do • P. W. DAYFOOT, do- (one vacancy.) THOMAS ATKINS, Warden, County of Simc oe (ex-officio.) SECRETARY ." MAITLAND YOUNG. chief engineer: <■. F. BUTTON. SOLICITORS : BURTON, BRUCE AND WALKER. HAMILTON, ONTARIO, MAY, 1874. Hmiim mu: LiBRARf HAMILTON PUBLIC LIBRARY, JUL 41966 COBY I :::'L,':" ' . ! g! 5 36 Vic. ch. 65.] [1872. •^S- 4s? *° incorporate the Hamilton and North- Western Railway Company. * itzpatriok, Adam Brown, Thomas Ferguson, M. 1\ l\, and others, have petitioned the Legislature of this Province lor an Act of Incorporation to construct a railway irorn some i)oint in or near the City of Ilarailton, .through the Counties of Wont- worth, Halton, Peel and Simcoe, or Bomo of thorn, to a point m or near to Barrie, aiul thence to a point on Hogg's, Sturgeon or Matchedash Bays, with power to extend the same BO as to form a junction with the proposed Canada Central Kailway, or the Canada Pacific Railway, or c .ne or botli of them, winch would develop the resources of that part of tho country and open up for «ettleraent a large tract of country at present unimproTed and lying waste, and it is expedient to grant the prayer of snoh petition : ^ Therefore Her Majesty, by and with the advice and consent ot the Legislative Assembly of the Province of Ontario, enacts as follows : — I. The said parties above named, together with such persona incorporation; and corporations as shall in pursuance of this Act become shareholders in the sai ' .>mpany hereby incorporated, shall become and are hereby leclared to be a body corporate and &t;;;VLtpanr °' "^'^ "''^'""^°" ^"^ NorLwestern .... «. The several clauses of the Railway Act of the ConsnU ^ ■ . dated Statutes of Canada and amendmen^tswk respect to tt" ^^^^^ first, second, third, fourth, fifth and sixth clauses thereof, and ""'''"'^^'y- also the several clauses thereof with resnect to « intprnr«f n/;«n » "luoorporauon," "powers," "plans and'surveys,'"'"" lands and Location of railway. CapitaJ aiock. |i; . Proviaienal oirectort. ^'^n.:;!:x:'''&zi,i^^^^^^^ "^-." ''ton... dutieH," " call8/'*^''R,,areH "ml i t»'eir election and H«- „n,, ,....:__• «^fo„s lo, ... lomnjty," and " fines and penal- , . "» "iJiionH loi tieH and thoir prosecution," " Of ti.0 -);;;; 'and "^ne;^&^:':-ti-. ;fcc," .i;;./;,y- with and be doeraod to b« ,, L ?.r7. • 'a '^''' ''" i"«orporatoS tho Haid company and to L'S; V to'b^' "".^ '''"''1 "^1^'^ ^o excep HO far a8 tl.oy may bo iS hereof; and tho exprLio,^ '' t .Ih Ao' » " ,''''^' the enactmentn >>e understood to indude the ci u sc^ of tl^n "^"'o ^'''"■''" '«" incorporated with this Act aHXo'aid """^ K^'lway Act so -^ai^rSCSt:^!;-^^^ their a,onts or lay out, constrnot and finish a„ ir n ri^? ^ V-"'^'"' ^^'''' ^^^ »« near or i„,i,. ^^.^ y o Z C^ ofluVr''' ''''^ P«'"' of liurhngton liay, or an near thereto aHrn^K°":,°" ^ho shore able, and coutinulnfr the samn f h? i lu^^^^® <^<'«'"e^ ^en bordering on the Town8h^of°&^yi7* «" '"' "^ *''« ^^^^ the same towards or to LaL Ni.S{«; ^^ P''"'®'" *« continue with the propose.l Canada CenParX'Sn'/"^? ^^"^^•«" way or both of them, and with th^wL . '*"'''^* ^ ^^'^^ 'ia.l- sections and with power to extend tl« '""""■"'' *''" '^'"^ '" Lake Simcoe at or near to Jiarrfe „ll ■ 'u"l? *^ *''« ^^«te.-« of fu for the said company to akea'„d"nn '^"" ^"^' '"^y ''« '^w- fa.d railway and the works connected fK'P"^" ^^'^ '^' "«« o^ land a8 may be necessary for the wort! /.T'*'' .'^ "^"«»' ^''the not to alienate tho sam^ ' *'* *^' '^'"^ ^^'^'^^Y, but Bixl^d^ni^olsfnd^^rs^T^^^^ «'-!! be in the manner provided by the Sni^lT ^/^^^/^ the same BIX thousand shares of one hundred do'^ii"'' *\^« ^'^'<3«d into raised by the persons and cornoratL. l' ^''^^' *°^ «hall be holders In such company ani the mnno "" '"'^^ ^""^"« «haro- phed in the first place to the payment "/ ".u '"''''^ ''^'^" ^« «?" curing the passing of this Ac-J ^d f " expenses for pro- plans and estimati s oonnected wkh iZ '"*V°? *^« ^"''vey^, i^ed ; and the remainder orsuch mini IT^ ^^""^^y ^^thor^ °>akmg, equipment, completion an^worl?nf^^^^^^^ to the and the purposes of this Act ^ ''^*^*' '^^^ ''^'l^vay, John Tounf W "e ZfnTv'^^^^^^^ ^'^^^'''' P-W. Dayfoot Edward Gu^;ney, D B cht^^^^^ Hespeler, Simoon ?iel\s^%ttric^Tl^^ ^^ ^ohn White, James Barbou^f/^ B;crT:'^r^ccX; noes," «• tolls," nr election and |mnicij)aIitios," ines and pona'l- ;o„" '«workinjr incorporated h'kiII apply to ictcd by them, lie enactments d herein ial| uihviiyAct so 'ii* ajjontH or '«• this Act to 1 such point on the shore ieemed desir- tiesof Went ' of the bays r to continue fn a junction Pacific Kail- the same in he waters of may be law- f tho use of much of the •ail way, but ted shall bo se the same IJvided into ind shall be Jome sLarc- 'hall be ap- es for pro- le surveys, 'by author- ied to the id railway, '. Dayfoot, IcGiverin, ns, Jacob s Bowles, [cConkey, Poweri of proriii^ntl lirec io. 8 CJcorgo Davif, John Kidd and Alfred A. Thompson, shall bo and are hereby coii8titutt' stock books and procure subscriptions for tho undertaking, to make calls upon the subscribers, to cause surveys and i)lans to be executed and to call a general meeting of tho shareholders ibr tho election of directors as hercinalter pro- l)rovided ; and such ])rovisionaI directors may appoint a com- mittee from their number to open such stock books giving at least three weeks' notice in tho Ontario Gazette and one paper published in the City of Hamilton and some one paper pub- lished in each county through which the road is proposed to pass of tho time and place of meeting to open such books and receive such subscriptions and the said committee or a majority of thera may in their discretion exclude any person from sub- scribing who in their judgment would hinder or delay the com- pany in proceeding with their railway. T. When and so soon as shares to tho amount of two hm. KcTion'.? Ured thousand dollars in tho capital stock of tho company shall ciifeT" ""*' *" have been subscribed and ten per cent, shall have been paid into one of the chartered banks of the Province or of tho Dominion or when and so soon as such subscriptions together with sums granted by municipalities either by way of bonus or in the sub- scription to the capital stock shall amount to such sum of two hundred thousand dollars and the debentures granted in pay- ment of such bonus or subscription shall have been deposited in one ot the chartered banks of the Province or with t^o Pro- vincial Treasurer in tho names of the trustees as hereinafter oro- vidoa, tne proviBioual directors or a majority of them present Who may vote at •uch meeting. Sums and debentures deposited, •pplication of. Powsr to limit »ni»UBtofcaJl8. General annual •meetings. Special general meetings. Qual'licat on of directors. . Shareholders, right to vote, et« least three weecks' notirn i? f electmpr directors givinl at Hamilton and in each of tho.n P^P^*" P" ^'"^^^'^ >" ihfcity of Gazette ol tho time. Ice an J"nr' f'T^ ^"^ '" ^^e On/arTo sueh general meeting Sshalofd«r '^ '""'^ ""^''^^ '^^^ at o»\by proxy and wh? shall at the on-:"^^^^^^^ '-'''' '° P'"^° paid ten per cent, on thTsTocksX^^^^ f^^'t "^''^^^ ^^^^ mne persons to be directors of t hi ^T^^ ^^ *^^"^ «^a" elect qualified as hereinafter dTectedwhTi"'''?r.^^ '" '"^°''«r and with ex-o#c/c directors under the^.fl ''1 ^^'^''°^« *°gether constitute a board of directors ami?»?n ^jl^i^'l''' ^^'' ^""^ ^^a" Monday of May in the ^Z^^^^^T"^ thefi^t exc%ttrrrpP<^ieVofl-"A' ""' -i^.>^cirawn from tte bank ^epo^ited be otSvT; pptd'^hlrtt" ^'^^ debentures so way as defined in the bv Tw .! ^^^ purposes of the rail- cipality or municipa litir.^^^^^^^^ ^«'^/«" the muni- company in relation thereto ^ '"""^ ^"'^ t'>« '•ailway make caSs'^aT^Ley stalt^think fi^t!"f Tl ^'"^ ^'"'« '<> ^'^e be made at any one t me of ,»nr??>.'' '^^* "« ^'-^^^ «ball amount subscribed by S iS^h^M ^" *?" P'"' ^'""- ^^ the «^all be given ofe.JX^^I^^Z^^Z:^'^'^- of Hamilton, and on sSi i.L I ' '" '"^^ P'"«"' *" tl'« dity directed by the by laws of thrsalSi'" '"'^ """''^ ''^ '"'-^^ b^ thereof shall be Jiven at loLt f *^°^Pany ; and public notice Oncario ^^-^^e.^'d^onlVaTeekJ^ord^-.'''"''"'^'^ ^° ^'^^ lished m t:ie City of Hamilton nn,i- '*'^>' newspaper pub- each of tho connLs wh ch have ^ranLl'bT "'' "'^^'^P^P^' ^« ior stock. ^ granted bonu8e8 or subscribed coi'panrmayi:Te?drs&^^^^ the. shareholders of the said " and at slich 4es and in sS fna„rer'an JV ^''^ '' ^^^'"^ton may he provided by the by laws of X «^i " '" ' ^"''P°'^' ^« notice as is provide'd in Z 1 J^L^Jdi'lror^ "^^^ ^"°^ bo^ectedtdfrSultrsh^^^^^^^^^ at least ten shares of the stock of tL « -5'' ''^''^'' ^°*^ ''^"^r of all calls have been paiS^up '^'^ '^°'"P«"y "Po« which company, and all mnhT':'^..Tl ^f shareholders in the said • livxuciB anaii oe entitled to vote on II call a meeting of directors giving at bed in the City of and in the Ontario ch meeting and at nt either in person such meeting have )y them shall elect any in manner and directors together !t or this Act shall 3ffic(j until the first ection. wn from the bank the debentures so rposes of the rail- etween the rauni- and the railway 3m time to time at uo calls shall per cout. of the lirty days notice 1 sevoji. . 'f tin; Hharehold- l.'ido in the City ours as may be nd public notice eviously in the newspaper pub- i newspaper in 8 or subscribed ei's of the said Y of Hamilton ch purposes as >any upon such 1. 10 person shall and owner of ly upon which ither resident rs in the said led to vote oh pSki? r^ V*"*"J- ^'^^^ ^."*^«^ «"^><^t«' a°d Shall also be eligible to office as directors in the said company. 14. At all meetings of the board of directors whether of nro- visional directors or of those elected by the shareholders five '^"''"'"' directors shall form a quorum for the transaction of business t^^]:!tlZt:' ^'-^~y -ploy one of theirnl: 15. In case at least filly of tl.o persons rated on the last assejBment roll as freeholders who ...ty be qualified voters under ^!^ ""•"'■■ the Mumcmal Act m auy portion of a municipality do petition tbe conncil of such municipality to pass a bylaw Js herSw set out and in such petition to define the metes and bounds of the section ot the mnnicipality within which the propertv of the petitioners is situated, or in the case of a county municipal- ty If hfty persons at least of the qualified ratepayers within th^portion ot the county affected, or the majority of the reeves and deputy-reeves for those townships, towns or incorpoi-ated vil ages that niay be asked to grant \ bonus, do petiUoTtho council of such county municipality to j.ass a by-liw as here- inafter set out, and in such petition do define the townships, twns or incorporated villages- which they are respectively the reeves and deputy-rceves, ... . ex])res.ing the desire of the said petitioners to aid in the constrnclion of the" said railwavbv granting a bonus to the said company for this purpose, and stat- hfrHn.y' ^vhu-hthey so desire to grant and'tob^ assessed tSl' ; '° '^^^ » P«"V^" '^^''' "' ^^'•^''''" ^»" ''y '^"""^'l instalnients and for the delivery to trustees of the debentures for the amount of said bonus ,.t the times and on the terms specified in said peti- Ivilt^J.? • *'''!f '"'g ^]''^ '"^^^l-'J? "Pon all the rateable property lying within the section defined by said petition an annufU E if tf "'fr''' '" '".^'l"'^^ =' «'"l^'"g f'""^ f^'- the repay- ment of the debentures with interest thereon, said interest to be payable yeaily or half yearly, which debentures tie munic? pal councils and the wardens, reeves and other ,,m..r. Vl ""IV are Hereby authorized to execute and issue in such cases respect- After passing byl«w, deben- tures at issue. Assessment on portion of a municipality. Municipal Acts applied. Assessment not to exceed three cents in the dollar. Power to exempt trom taxation. Municipal directors. 6 \]nZ' y''''''^^^^*^^ ^^'^ ^y-^aw Bhall be approved of as in sec- veLnd^lTtnV".^ '^r 'y^^'' twoh^tfndred and twenty. W a "^°'?«a"a eight hundred and sixty-six, chapter fiftv-one S^nrcipari7..1-^"1«^^ .^l^°r« v<>ting thereon Irtho niunrcipality oi portion of municipality petitioning as aforesaid. rnn?;;/? ^^""^^ \^^^ ^"^^ '"'' ^^'^ warden or other head of the council upon such petition to c^xll a meeting of the counc 1 for to tir?at'r^'°''"*^".^^"^ «"«'^ ^^J*^ -»d fubmittbg Jhesame such bi k'PTf i -"."^ ^^^'V» 0.0 month after the passing of debe^'uTe/fLXr^ "1^*'^ «ffi««rs thereof shall' issue the to thftr22l^-''""l*^^'^^yS''^"ted and deliver the same to the trustees appointed or to be appointed under this Act. munUalit7orc^.I'r°' ^' '■ ^^''^ ^^ ^ P^-^^^^" «f « ^^^^^ XSf Si 1 1, *^ municipality the rate to be levied for KaS be as PH oS'"'Tf '-T^ '^'''^^'''' ^"'^ ^'»« ^"terest theit S^'aSy :re:r,^^^^^^^^^^^ -«'^ Portion only of themu- ^rin.^-^® provisions of the Municipal Acts so far as the same Ta s d^vTrrs^^^^^ Y' ^ow::z nal,-t,7 1^ ♦u portion ot a municipality or county munici- fortl whn? '^"^^.^^'T a« if the same had been passed by C tor the whole municipality or county municipality. ^ boI,tet^L''?h^«^^° ^' submitted to such vote for granting or otherwise inToMnr L ^'"^Z" '' '""■^'" »™ P«' ='°°™ lor paymem or if Z, „f ^n*"'' "^ """""Vtotion or composition menUrb" imposed bv.^ir ""^ ""'."'"'P"' ''"»» »■■»»=«• such term of ZraiSri ""H"?'??' corporatiou, and for expedient nVSc" edtag t^'tyTr^el""^""""" ""^ "'™ n|!esft,^„7v?t.lt»ar?;^ in tbe said oomp,«„, ""r^rn^Svfofrh^^lijS^- oved of as in sec- flred and twenty- tbe Municipal Act chapter filty-one, ; thereon in the •ning as aforesaid. ather head of the of the council for jmitting the same 3r the passing of I, mayor, reeve or 3of shall issue the deliver the same nder this Act. portion of a local to be levied for the interest there- in only of the mu- far as the same to any by-law so r county mnnici- en passed by or lity. ote for granting he levying of a lY of the ratable )oration of any Iway of the said ally passed for spropejtywith- from municipal sum per annum I or composition rates or assess- ration, and for ition may seem mt a bonus of be line of the company shall len as director I municipality ; o™ in f 1?« . ' '''"" ^' i" "^^^^^°° '° *" Bharoholders direct- ii • M '•? oo«»Pany and shall continue in office as di- mumc,pal.ues graotmg such bonaiU and oneT/'the Li/uten- colSsir^lZr • ?""'*"' 'i'"'-™ "" « the """To pal councils interested shall refuse or neglect to name a trustee with oy tne company then the company shall be at libertv tn mmr. Jets Uo Tci of anl'r "f '' 'f ''^'^' -ignltil'^ fna'bmtro such trStee so dviL ■"''•' *^' ^^'^l ^"^^^ originally appointed wmlrS ao? rnT o^' ''."P^"g or becoming incapable or un- S y fa linf Jtln^P^'v \«"«««««?'^ ^°d in the event of such .rill- ; ? ^ ^^^^ ^^^^^^ »*ter notice in writinsr to make such appointment the company may appoint such triS tru^s?'. IrXi^ *'"''""' u'^^" '■^^^^^^ the said debentures in trust firstly to convert the same into money • secondlv tn d!. posit the amount realized from the sale of snl daffi, ■' Trust of wL g'^lV^^to" i° th« name of the Hamilton aftd North olt to th. ^'^"^""^^ ^^"°^''P^^ ^"-"^t Account, and to pay the same out to the said company from time to time on the certificate of acnedule A hereto or to the like effect setting out the nortion ^^.IltuVIS^/JZa^i^r-'^- - he as valid and ^.„„„. uuuuHts in aid ot the said company sha 1 be at libertv tn taVo »" exchanged the debentures issued by such townshin nr t nlnoU ^ ■ ffi^°^^'y ofa township and in eLhlgeThetibr t^^^ -'"""-'• ^nZ ""'" ^'? ^''i""' ^^eintures of the county on a eJlu- cou'ncU.^ ^""'' '" ''''' ^^^«' ^^ « '"*J<>"ty o?thecoTnty Power to issue bonrls prefer- enual. Limit to i«sue bonds. Rights of un- paid bond- holders. general meeting to be called, from time to time for such purnose shal have power to issue bonds, made and signed by the p?esid* ent and vice-president of the said company, Ind cSerSZd the pui-pose of raising money for prosecuting the saiS under- taking; and such bonds shall, without rpmstmtrnn i, r ^ convcyance, be taken and considered t?brtfffirran°J pS iTfhl t'""' ^°^ '^^'Se8 upon the undertaking and the prSv of the company real and personal, then existing and at an v tlml thereafter acquired, and each holder of the sail bonds shall bo deemed o be a mortgagee and incumbrancer j^ro rXwith.l t lo o her holders thereof upon the undertaking fnd XpTopertl of the company as aforesaid; Provided however that tTHvLfn amount of such issue of bonds shall not elceed in a 1 tt sumt" ton thousand dollars per mile, nor shall the amount of sTid bonds issued at any one time be in excess of theTmount actua ly expended in surveys, purchase of right of way^Z toTks jf mnS7f '^f ""f equipment upon the lino ofthesLid raUway or TnTw thin" fh!: r'^.^''^' Pfi i^^r «nd delivered to the Com- pany w thin tl o provinces of Ontar b for Quebec- and nrn 37. All sucb bonds, debentures and other securities and cou ima and inton.ah wo....o.,f« *i „ "'=^"»ii'JCB dim cou- lionds, etc., transferable by . , ,. " — , — "v..iumta auu Uiuer SeCUritieS and 0(\\t deliver,. pons a,K intorost warrants thereon respectively, may be made' payable to bearer and transferable by delivery and anvholdpr in ar n^mr'^ '''^''^ '^ ^^^^ ma/^iie af iaTth'^^t Power to be- come parties to not»s, etc. ^8. The said company shall have power and authoritv to become parties to promissory notes and bills of excTan'e and uiy such promissory note or bill of exchange made or en^dorsed by the president or vice-president of the company and co^^^^^^^ signed by the secretary of the said companfand unde he" aut^ioi-ity of a quorum of the directors, shSlI be bi„d"ng on t e said company; and every such promissory n6te oi bfll of ex cliango so made shall be presumed to have been made with proper autho.ity until the contrary be shewn and "n no Ta«« ed to such promissory note or -bill of exchange, norVhallThe r Buch purpose, i by the presid- countersigned I company, for le eaid under- tion or formal 'St and prefer- d the property nd at any time onds shall bo ita with all the 10 property of at the whole all the snm of lount of such mount actual- and works of id railway, or d to the corn- ice; and pro- >f the interest then at the company, all rights and voting as are udfl and any 1 in the same 1 and it shall ster the same ies and cou- »ay be made i any holder law thereon authority to ihange, and 3r endorsed md counter- under the ding on the r bill of ex- made with in no case inanv afli x- f)r shall the 9 president or vice-president or the secretary be individually re- sponsible for the same, unless the said promissory notes or bills ot exchange have been issued ^/ithout the sanction and authority of the directors as herein provided and enacted : Provided however, that nothing in this section shall be construed to authorize the said company to issue any note or bill of exchange payable to bearer, or intended to bo circulated as money, or as the notes or bills of a bank. aO. Whenever it shall bo necessary for the purpose of pro- Power to tcquire curing suidcient lands for stations or gravel pits, for construct- Jj!"''V?'*' ing, maintaining and using the said railway, and in case by H.uffice. purchasing the whole of any lot or parcel of land over which the railway is to run, the company can obtain the same at a more reasonable price, or to greater advantage than by purchasino^ the railway line only, the company may purchase, hold, use and enjoy such lands, and also the right of wav thereto if the same be separated from their railway, and to' sell and convey the same or part thereof, from time to time, as they may deem expedient. 30 The railway shall bo commenced within two years, and ComHiencem.nt completed to the waters of the bays aforesaid within five years '"'' "">?'«*'«»«»• and finally completed within seven years after the passintr of ■ this Act. ° 31. The said railway company shall at all times receive and Rat« for crry- carry cord wood, or any wood or fuel, at a rate not to exceed, for '"« "•'««• dry wood, three cents per mile per cord, from all stations ex- ceeding fifty miles, and at a rate not exceeding three and a half cents per cord per mile from all stations under fifty miles in full car loads ; and for green wood at the rate of two and a halt cents per ton per mile ; the company shall, further, at all times furnish every facility necessary for the free and unrestrained traffic m cord wood to as large an extent as in the case of other freight carried over the said railwaj . 3S. The company incorporated by this Act may enter into Arr»n«.emtnt. any arrangement with any other railway company or companies mavbem«io lor the working of the said railway on such terms and conditions 7im,Sll as the directors of the several companies may agree on, or for leasing or hiring from such other company or companies any portion of their railway, or the use thereof, or for the leasing or hiring any locomotives or other moveable property from such companies or persons, and generally to make any agreement or agreements with any other company touching the use by one or ' the other, or both companies of the railway or rolling stock, of either or both, or any part thereof, or touching any service to be ...,.., ^j^^ ^,y i^c uuc uompauy lu ihu oiner ana lae compeuisaiion therefor, and any such agreement shall be valid and binding J4^ Power to pledge bonds. Conveyances, how made. ['" '#1 10 obtained at a creneral spSl meetL to h« „ ^ l^^" ^^ ^'^^ pose, accordiug to the By-lawg of t h? °*"®*^ *<^'' ^^^ par- dons of this Act; and the compaiv o^ - '°^ ^°** theprovis- entering into agreement for neC^thJ ^.W^'^" 'easing or hereby authorized to work the R«,vfr,M '^'-^ ^V°« ™ay »" f-m time to pledge any bonds whicrtheVcan „S the nT"' "^'J'^^^' «'• issne for the construction of Ihe ^aSway t'SZe *'" ""'' schedule "A." hereunder writte^nr Z^^lf^'"' «et oSt in the sufficient conveyances to the safdpn^ *^^ ^'^ ^^^«t' «hall be assigns, of the estate or ntere t ?nH^'°^' ^^eir successors and respectively of all persons execudu^ T^"'""' ^^^^^ ^^^^^' veyances shall be registered ^nth"-^ '*'"®' ^"^ »«ch con- proof of execution ifLreqVrednn;; ""T"' ""*^ "P°^ ^"^^ Ontario; and no registrar sha^irbeenS to ^ registry laws of seventy-five cents ftr register n^f^S *? demand more than and certificates thereS^rnd"enihvir'°'' T^^'^^^S all entries cate thereof. ' ceitihcates endorsed on the dupli- i'i SCHEDULE «A» and I, ror we.) rmer«JAr«^^TiF' "^^^^gr^nt and convey, in consi.^«ration of """'' '''^ "'"^ o^/i.r jt>ar«y or jt>«r<4' f:jeb*; rki:';^Jg'eV viira^^^^^^^ r ^-^^^^p' ^'^-""' parcel (or tho,e certain pS a.^/. t"'" *^^ ^'j'^' ^^^^ain situate (WnJe^/,. J) tKamehavWh' "*?^ *''> ^^^«°vn line. ay, from time to on, mortgage or wers of this Act 'rwise. for the purposes ni set out in the effect, shall be r successors and ' bar of dower, ; and such con- ■ and upon such egistry laws of nand more than ding all entries 5d on the dupli- ve,) [insert the i to me (or us) npany, the re- t and convey, rty or parties] dollars, ipt Whereof is 1 that certain W *c,) of land ected and laid ■ilway, to hold >n and North- 'ssigns, (here equired), and "ly (cr our) 11 As witness my {or our) hand and seal (or hands and seals) this day of one thousand eight hundred and seventy Signed sealed and delivered ) in the presence of \ [l.8.] SCHEDULE «'B.» Chief Enginter's Certificate^ The Hamilton and North-Western Railway Company's OfKce, ,, Engineer's Department. ^^ .^ A. D. 187 . Certificate to be attached to cheques drawn on the Hamilton and North- Western Railway Municipal Trust Account, and given under sec. of cap. thirty-fifth Victoria. r ii XT ., , -.^ Chief Engineer of the ilamilton and North-Western Railway Company, do hereby certify that there has been expended in the construc- tion of mile, No. (the said mileage beinj; numbered, consecutively from the City of Hamilton,) the sum f** , dollars to date, and that the total pro rata amount due for tho same from the said munici- pal trust account amounts to the sum of dollars, which said sum of dollars is now due and payable as provided under said A^^t. 2—128 • I#" 36 Vic] [1873. An Act to amend the Act incorporating the Hamilton and North-Western Rail- way Company, and to enable them to extend their line to OoUingwood. Whtreas the Hamilton and North Western Railway Company P.eambie. have prayed for certain amendments to their charter, and for power to extend their line of railway from some, point on the main line to the Town of CoUingwood, and it is expedient to grant the prayer of the said petition : Her Majesty, therefore, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — I. The said company may construct a branch from any point of „ its main line within the County of Simcoe to the water's edge of c«mngw',5,V" Lake Huron in the Town of CoUingwood, and the several clauses of the Act respecting railways which are referred to in the Act incorporating the said Hamilton and North Western Railway, and all the powers conferred by such last mentioned Act, shall be taken, held and construed to apply to the said branch line as fully . and effectually as ifsuch branch line had been specially authorized in and by such last mentioned Act : Provided the construction thereof be commenced within two years from the passing of this Act, and completed within five years thereafter. % It shall and may be lawful for any municipality or portion Municipaiuiw of a municipality, whether the same shall be a township or a didll?e"he county municipality, that may pass a by-law to aid the said •'?•*• "P"" HamUton and North Western Railway Company to declare in S'ebentul',!'. are the by-law that the debenturcr. shall be deliverad to the trustees, '"''"''eid. in the manner and upon the trusts provided for and declared in the twenty-second and twenty-third clauses of the said Act, or to vary the said trusts in and by the said by-law in such a manner as may be agreed on between the council and the company, or to do so by a separate agreement specifying the terms on which the ..„,_. ^y, ^v.iTvivta iiii--' muiic)' ui uciivcTca to me company, and generally to make such arrangements respecting the conditions ''-^\ ill ■■'i I 1 I] Innitfll by-Uw, ftc, confirmed. Certain agree- menti may be made with municipalitiei aidiaf. Municipalitieu aiding may extend the lime for completing certain Works. 3JV.C.35,,. amended. 15 Time for cem- mencement of railway extended Kequisites of by- laws with ••espect to rates. 14 granting aid to the said railway com^^^^^^^ of Innisfil, thousand dollars, and the TieemcT en terS imo 'h' t^' '"'V railway company and the cor^ratioTof the said tnwn!hT'" ?' bond given by the said compiny for the duo n.rf ''' f"^, ^ terms of the said agreement shaU i^ good valid' ancSr^H 1 ''^? bmding upon the corporation and com^ny respectively ' '"^ 3. It shall further be lawful for thi> o^.vi an agreement with any mSpa i,*Xh Z^^llT" """ which may torm a portion o! ^coJ,iyZlS.\ZZ tlT""',"' mnmcpaUq, granting a bonus in aid of thcTd mtaav Z„° il;a,!rr.ptSi:s^^L"^s:l„*y7,:f^»^^^^ 4. The council of any municipality which has liH^^ «r ■ . j or may aid or assist the said company mav unon tS T'^-^' 6. The fifteenth section of the said Arf ia v,^..^u , . to extend its provisions to a municipaHty i^^^^^^^^^^^ of a municipality: and such bv^laws n. .1 ? • r P°"'°" shall be sub'mitt'ed to thrrateja'y^;^ ^iZ ^TelcfS tlS warden, mayor, reeve or other head of such munldnalitv ,h!^l? receive such petition as is therein referred to, signed bvTtleLtSf ratepayers who are qualified voters residin^^v ^^ ^^.'^^^t fifty pality.and the said fiVenth sTcS " to be^rd or "SedTvT; provisions herein contained. ° ^^ '"^ 6. The said railway shall be commenced within two vears from the passing of this Act, instead of at the period m,.nffnnS- T second recited Act, or, in default, the charter of fK '" ^^"^ shall be forfeited; and 'the powers f^reby cX'ed tiprtH shall cease and determine. ""crrea upon them y. In any by-law, which has been, or may be submittPH fnr granting aid to the said railway, it shdl not be necessartoit an equal annual special rate i'n the dollar for pS th^ °^^^^^^ o4, .. ^„„ b^- =u,,,v.iviu lu Slate a rate which shall be fiufficient to' 16 pa- the interest and the principal of the debentures at the time or tim.s that the same shall be made payable. 8. The twenty-third section of the said Act is hereby amended, MV.,e«p.M. so that the respective deposits therein referred to shall specify the *• '^ •"""^•*'- particular municipality from which the same was derived, and the , money shall, in each case, be carried to a separate account, to be called the Hamilton and North Western Railway Municipal Trust Account for the county or township, or other municipalities, (as the case may be), specifying the particular municipality from the pio- ceeds of whose debentures the funds were derived, and the same shall be paid out on the certificate of the engineer, and upon such other terms as may be mentioned in the agreement delivered to the trustees at the time the said debentures shall be deposited with them. ». The tenth section of the said Act is hereby amended by S«c. io«mend«d. striking out so much thereof as renders it necessary to publish a notice of the meeting in some one newspaper in each of the counties which have granted bonuses to the said railway. 10. The Corporation of the city of Hamilton may and is hereby empowered to grant by way of gift to the said Company in addi- tion to any other bonus, any shares, bonds for debentures which it may hold in any other Company, and to granting lands belonging to the municipality which may be required for right of way or station grounds or other purposes connected with the operating of the said railway : and the said Company shall have power to accept the said gifts or grants: but the by-law making any such pant shall be approved of by the ratepayers in manner provided by the Municipal Institutions' Act in respect of by-laws for the creation of debts. 11. The County of Simcoe, in the event of its granting a bonus of not less than three hundred thousand dollars in aid of the said railway, or in the event of such grant being made by any section or sections of the county, shall be entiUed through its council to name a director m the company as its representative, who shall not require to be a shareholder in the said company. 17 37 Vic] [1874. Jilt or Jon in rovi- An \ct further to amend the Act incor- porating the Hamilton and North- western H llway company. Whereas, Tho Hamilton niul North-Wostcrn Bnilway Com- Pr. .rai>i« ]ibny have jiotitionod lor certain amondmonis to thoir t horter moro ospeciully as regards thoir borrowini? powers, and it is expedient to grant tho eamo : Therefore, Her Majesty, by and with tho advice and con ^ont of the Logislativo AHserably of tho Province of Ontario, onacts ua follows: 1. The twentysixth and twcnty-sovonth' sections oftho Act.so vio..r,65..s. passed in the thirty-fifth year of Her Majesty's reign, intituled M ■"•'■'■• '' An Act to incorporate tho Hamilton and North-Wostern " Bailway Company,'^ arc hereby repealed. 2. All bonds, debentures, and other sociiri ties, and* )uponfl nomis ac:. may and interest warrants thereon, respectively, may be made pay- i'SioTbell^J; able to bearer or order, and transferable by ondorsoii «" "«"«'• delivery, and any holder of such socurilios may sue tlic, his or her own name ; and may be so issued under tho sions of the Eailway Act. 3. The periods referred to in iho sixteenth and twenty-sc, ond Timo for ,,««.- clauses oftho said Act, shall be ono month and six weeks vfiJ"g"f bylaws spectively, alter the day named in tho by-laws for the same tofiebemurirfo"^ take effect and come into operation, instead ol from tho tiaeeir'*'"*'*''""'' of the passing oftho by-laws, as therein provided, and the said* " clauses shall be read as varied by this Act. 4. Notwithstanding anything in the first section of the Ac Extcn.ionor passed m tho thirty-sixth year of Her Majesty's reign, chaptorc.: wood** ''°"'''^' eighty-four, it shall bo lawful for tho Company tc extend theix lino into tho waters of tho Georgian Bay at the Town of Col- lingwood, and their to erect and maintain all necessary and convenient buildings, stations, wharves, a..i other conveniences for the use and accommodation oftho passengers, freight, and business of tho railway, subject to tho provisions of the Eailwav Act. . -^ 6. It shall be lawful for the dii-ectors to accept payment in Po full for stock from any oftho subscribers thereof at tho timoSf^^ of subscription, or at any time before tho making of a final '^c call thereon, and to allow such per centago or discount thereon, as tnoy may deeiu expedient uiiu roasoiiabio, and thereupon to issue -to each r f such subscribers, scrip to tho full amount of such stock subscribed. )r to accept icnt in full ick at any jfi Vie., e. 65, 8, V, amoudt'd. 18 "'ay bo ^haTllZt^^^^^^ contraciors that no such contract shal bo nAni f Company: Providoci proved of by tvvoVhi xls of tho in^^^ ''' ''^*^^'^y' *''^ «P- or by proxT at a raoet^if/ to shareholders ])ro8ent in person thosamo. y''^'''^'''^^"^ specially convened for considering^ -bstituti^ in lieu ^, ^i^r s -s- -s:^^ varied by this Act ' "" '"'"^ '°'^^°" «^^" ^^ ^'o^^ «« Councils of aid- Q Tli« «^., m r uesmay pal ty, comnrised ill 1 qpofinn J" "^ ' '^ '^ '^'"°^" munici- ' mentioned actual survey of tho lino rn^v f ' ""'"'^ '" "^"^'^^ "^''^""«^* «« ^-^ and to tho exten of such aTtoSn- '' "r^^^^lT "i" expedient, may bo varied acc^oXllvPn"', \^° .°''«'"^^ agreement ]>crcin containXall KL^f r'^^ ^^'^"'^'" *'^^^ "°thing to sanction a. y dovia on fZ n i" ' ^'^^^.'^P^ "S the council beyond what 'W bo ^^'^3^^^^ -,' or enginecrinir diflionlfioa • n^A •>^ "^ t--\peaient trom natural lavvfulforthe'CoSnriAnnvrT'^''^^^ *^^"^ ^' «^^»» ^e ment with such SSa tv^'Th. '"'' ^^'h^"^'^' "^'° '^^"^ «g^-««- ing any road leaS^ JtK. ;?, ? g^'^vomng or macadami;.. of a municipalHy <^;^^nt^rl'M^^^^ ^" ':"^° '^'^^ ^^""^'^ said Eailwuy Company as t^ wi ',P ^ cannot agree with tho Cerlftin muiiicij pill by-laws jonflrmed. .,id railway, „„r„te;„';,?:'si'ir^^^^^^^ »u» aro noieby ,i„<.iared to bo valW and bindtog.' ■■"■* "" %1^*„^^ m i ;i ontor into a con- issociation of indi- 3f tho lino or any urchasooftlioriglit ' dollars per milo nor more than four thousand dollars per mil'* of any portion or portions of such railway, and that any of such Proviso. 20 tho Lieutenant-Governor in cS^Zu lu I ^'^^ ^"formation of completed each portion of its road inictn?lK?'^P'^'^^ ^'' IS to bo made, including sidintrs and J!?-'^ ^•^^'^'^ P^yn^ent for completion of the r?ad named in 'i"*'°f '/^i^hin tho period thereto; Provided, that no paZen sS"''^ ^■^'*' '''^""^' such authority till tho said £^- • '''" ^° 'P^d^ under any as aforesaid. ^ "^ Commissioner shaA have reported fZt&y 3. No such authority shall be ^iven in ... . . - iwayasJng of a railway for the construction^ of whlh ^''f-'^""^P°^^^°« has been entered into prior to th a J-? ^ 1'?'"*'°" ^ contract in the year of our C one thousand ^ •'^K f ^^^^^^^^^r, seventy nor until the company desirou? nf^f ''• ^•""'^"^^ «"^1 payment out of tho said Rai W S i ''u^T'''^ ^'^ ""^ proof to the satisfaction of thStenan't rf ^^^' ^"^^^'^bcd that the bomjide subscribed cap^ al of ?h^^ '^''"'*^' ^° ^°"°cil with any bonuses or loans by muniofnn ^'^^P^Py' together and the proceeds of bonds to b^ ZsZX ^^/P^^^tions thereto, incorporating , the company or anv Ao T^Z'^'"^ ^Y the Act leaves no reasonable do4t that aSvii ^^^'^'^jng the same, thereof in respect of wh ch pa™^^^^ commenced and completed, inSL^^-'"'^'^*'' '^^^" be houses, so as to be i4drfbr th" "f,.'''^^"^^ '"^"^ 'Station period mentioned in such Act m- A^? V"^ '^°'^ ^^^^^^ the railway; and that any such Act o^A./''" 'rP'«*^°« «f the structionof a railway as refen-ed to fn Ji.''"*^^'^""^ ^^e con- Act. ^ ieierrea to in tho preamble of this 35 Vic] [Chap. 23. Prcanilja. I !> If i [Assented to 2nd March, 1872 ] of tho fu„d coated ^yitSLZZ'l^Ll^:}'"''^ ""'"^ Orders In in p"iSr2{iaDi*4t^!^._^.V^«^' i" Council made after ..« ..„.„. . , lana to bo sub". "^ -^"^J ^" "10 Year one thmicn«W «• y.A.^ ""V •• '^'-""t-ii uiiy of Orders In ionorpf Agriculture tho information of such company has 3t of which payment 8, within the period ct or Acts relatinx' >o made under any nail hnvo reported poet of any portion portion a contract day of December, )iglit hundred and obtaining aid and fill have furnished pvernor in Council 'Ompany, together ^porations thereto borizedbytheAct ending the same, )ortion or portions be made, .:!i,all be ngs and 8tation stock within the iompletion of the thorizes the con- preamble of this [Chap. 23. 3ion touch- be Bailway id March, 1872. J ative Assembly )articu]ar works ice and consent Ontario, enacts •vreuEii uuy of 3d and seventy- ^ny of any part 35 Vic] [Chap. 24. [Assented to 2nd March, 1872.] datodSiuo Fund of tl,-?P ' '^''"' ""l °'" °^ '^« Consoli. '"""••™">'J a±fsrs,i^ri^itr:^S'r;L^^^^^ sistent with the provisions off Ma A«f „ "» ^"ey may be incon-appiy. and payment off yS „" 'o'flu' °«'i? ^,.^° 'i^S*"''^"'!™ i-: 'Hamilton pi'cr.c LIBRARf if-v44 Scrip, 22 dollars per milo per annum for twenty years on the portion 6. Scrip or certificates maybe issued in respect of any srsxnt out of the Kaihvay Subsidy Fund after payment tliereof has been duly authorized, and the Commissioner of Atjriculturo ^" , .^^^, ^^°^^^^ ^^^^ ^^^y reported fts provided by tiie Act in Aid of Eauways. p"a7dXm''% ^' No railway company of whose lino any portion is aided boih funds. trom the Kailwray Fund, shall bo entitled to aid from the Eail- way Subsidy Fund iu respect of such portion. fail'^sVcom.. '^' -^^ yailway company which does not como within tho ply with condi-tema and provisions, and comply with the conditions of tho ""as- Act in Aid of Kailways, and any Act amending tho same, shall oe entitled to aid from tho Railway Subsidy Fund. . M^Ttn'J ,, ?• f? ^ru'^u of t|]o l?ail^,^y Subsidy Fund, provided by nVJir'.'J'"'P-X^'! .' ^i^^^ bo applied in aid of Railways until such time as piled toaid. Orders in Council shall hav3 been passed exhausting the whole of the Railway Fund appropriated by this Act, mid tho Act passed in the thirty-fourth year of tho reign of Her Maiestv C^ueen Victoria, and chaptered two. • Order m Council With reference to the Hamilton atd North western Railway ; approved by the Lieutenant Gover- nor on 19th March, 1874, and ratified by the Leffisla- tive Assembly, 21st March, 1874. Tho Committee of Council have had under consideration tho application of the Hamilton and North-Western Railway Com- pany, that It may receive aid from tho Railway Funds for their lino of Railway. The Committee advise, that subject to the ratiacation of this ' Urder in Council by resolution of the Legislative Assembly (in default of which ratification this Order in Council is inoperative) payment bo authprizedto bo madG.put^,f tho Railway Subsidy Fund to the Company of tho sum' offwoBoai^oaiind forty- threo dollars per ttiiKjibf that portion of tho line of the Com- pany s Railway between Hamilton and Barrio, and between UarksviUe, in tho township of Tecumseth, and Collingwood Harbour, such sum to be payable by even half-yearly payments ?u ol^"i''^''*'1.'i'''^ twenty-one dollars and fifty cents each, on — ...;.r. .,„j ... „,.,.^, unu tucoiai, uay oi x'GcemDer in eucii4tud every year, during tho period of twenty years, to bo completed from tho first day of January, 1873, and to tho full end thereof: and the Committee further adviso, that in respect of forty-four HAMILTON PUBLIC LIBRARY! '??!'SS!?r'rS«WS»«a*i