IMAGE EVALUATION TEST TARGET (MT-3) k A /. f/j 1.0 I.I ■ 50 1^ ii^ 2 2.2 1.8 1.25 1 1.4 1^ ■• 6" — ► Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716)872-4503 r \ MP. > CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. 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J 32X 1 2 3 i 2 3 4 5 6 IN " Betwee] T WARWK I i IN THE HIGH COURT OF JUSTICE. I Between f< ■ '^1 THE CORPORATION OF THE CITY OF TORONTO, Plaintiffs, and THE GRAND TRUNK RAILWAY COMPANY OF CANADA AND THE CANADIAN PACIFIC RAILWAY COMPANY, Defendants. RE YORK STREET BRIDGE. DOCUMENTS FOR USE AT TRIAL 1/ r:..P \. t. \ TORONTO: WARWICK BROS & RUTTER, Printers and Bookbinders, 68 and 70 Front St. W. 1899. '.■^ M/7^'^ 'AUG 2^1871 Patk.nt, ^ Oki'KI! in Patent, I.NSTUrcTI ■OliPKK IN Statiti:, % J Ordf.k in- 1 Ai;kekme> \ Specifica' Statute, I AOKEEMGN I Agrbemen Si'ECIFU'A' Grant, TABLE OF (.^()NTF:NT8. I'atknt, J OkI'KK in CnIM IL Patf.nt. iNSTUrcTIONS I •OliPKK IN COUMIL llcemse of occi tation Statitk, OrDEK IX COINCIL AiJREF.MENT Specifications Statute, I Agreement ^Agreement Specifications Grant, Crown toJ.B. Rohinsdii, ot a), " 107 14,1892. 112 ii;; 12S 13C. 144 147 148 155 fATENT TO J. B. Robinson, et al. Trustees, datkd 14th Jl'i,v, 1818— Wa i.ks and Gardens Property betwken B'ront Street and tiik Top of the Bank, Ex- tending FROM Peter Street to the Kastehly limit of the Town of York. Samuel S.mith, Administrator. PROVINCE OF UPPER CANADA. Georoe the Third, by the Grace of God of the Fnited Kingdom of Great Britain and Ireland, Kino, Defender of the Faith. 1818 14th July. Patent of lands from Front To (til H'ltohi tliese jnr.ii')U>i shall come, street to top of ,^ .. ' bank (rrt'etinq : Know ye, that we, of our special grace, certidn knowledge and mere motion, have given and granted, and by these presents do give and grant unto John Heverly Robinson, William Allan, George Crook.sliank, Duncan Cameron, and Grant Powell, all of the Town of York, in the County of York, in the Home Dis- trict of our said Province, Es(|uires, and to their heirs and nssigns forever, all that parcel or tract of land situate in the Town of York, in the County of York, in the Homo District, and Province aforesaid, being a certain space or slip of land, denominated l>y the letter H on the plan of the said town, situate between the top of the bank and the fnmt line of the Town, reserved for a public walk, com- mencing on the top of the bank in t ic western limit of the old Government Buildings reservation adjoining the south-east angle of the said town : then north sixteen degrees west four chains more or le.ss to the southern limit of Palace Street, then along the southern limit of the said street also following the southern limit of Market Street and Front Street until it intersects the western limit of Peter Street, at the west end of the said town ; then south sixteen degrees east, five chains more or less, to the top of the bank ; then easterly along the top of the bank, following its several turnings and windings to the place of beginning, containing thitty acres, more or less, with allowance for the several cross-streets leading from the said town to the water, together with all the wdods and watei's thereon lying and being under the reservations, limitations and conditions, and to and upon the several trusts hereinafter expressed ; to have and to hold tlie saifi parcel or tract of land hereby given and granted to the said John Beverley Robinson, William Allan, George Crook.shank, Duncan Cameron, and Grant Powell, their heirs and assigns forever, upon the trusts nevertheless, and to and upon the uses hereinafter declared, conceining the same, that is to say, on trust, to hold the same, for the use ami benefit of the inhabitants of the Town of York, and for a public walk or mall in front of the said town, and to permit and allow such appropriations, dispositions, alterations, and improvements to be made of, and in the same for the purpose afoiesaid, as our Justices of the Peace in and for the said Honie District for the time being, in (Quarter Sessions assembled, or the majority of tliem shall, from time to time hereafter, make or direct concerning the same ; saving nevertheless to us, our heirs and succe.ssors, all mines of gold and silver that shall or may be hereafter found on any part of the said parcel or tract of land hereby given and granted as aforesaid. Provided always, neverthe- less, that in case any of them, the said John Beverly Robinson, William Allan, (Jeorge Crookshank, Duncan Cameron, or Grant Powell, or any succeeding trustee or trustees to be appointed as is hereinafter mentioned, shall happen to die or be desirous of being discharged from the powers or trusts herebj'^ in them reposed or vested, or become inca|)able of acting in the same, then in any such case and so ^ often as tlio same shall happen, full power and authority is hereby given by these r 1S1H Hth July Patent ot lands from Front Street to top ol bank. tlu llnliiilliltL' tllilil, tin cuts In Dur .liisticcs dt' till' I'fuc.' in uiul I'nr tlio saiil Hoiiie District, t'l r tiiiif lirin'_r, or till' niiijoi'ity ni' tliem, in 1)1' ac'tiii!'' in sail I can CanH'iun, oi' afoiesaid. authorities, and shall and as that all and every such person or _ hall and may he invested witii all such powers aiii iiiav in all tilings act in re'atioii t) tho ]ircnii>e,s i. conjunction with the others of them, who siiall or may survive or not decline or not hecome ineapahle to act therein as fully ami elfcctually in all respects and to all iiitc'tits and |>urp(iscs as it he or they liad heeii ori_<,'inally in and hy tliese pre- sents a tjrantec to the uses and trusts, and for tho purposes al'oicsaid, anythini,' hei'einhefore contained to the contrary thereof in anywise noiwithstamlini,'. I^ro- vided also that it at any timi^ hereafter the said Jolin ISeverly liohinson, William Allan, Georire C'rookshank, Duncan Uameroii, and tiraiit Powell tho Hucceedinj,' tiustees to be appointed.; « * * * or any of them sliall *«»*•• house ont-house, laiild- ing or erection of any kind, other than such fences or enclosures as may bo neces- .sary and convenient for the purpose of the said reservation t(j be erected or jilaced on any part of the said parcel or tract of land herel)y <,'iven and i,'rante(l, whetlier by direction of tlie Justices of tho I'eace or otherwi,so, or if at any time hereafter, any .sucli house, out-liouse or otlier buildinj^ shall be placed or elected anJ .sufier- edto continue tliereupon, then this our <,n'ant shall bo null and void, anything hereinbefore contained to the contrary thereof in anywise notwithst'.mdiii<^. Pro- vided al.so that if at any time or times hereafter the laiids so hereby (riven and granted to the .said John Beverly R()bin.son, William Allan, (leorge Crookshank, Duncan Cameron, and Grant Powell, and their heirs, shall come into the po.sses- sion and tenure of any person or persons whom.soever, either by virtue of any deed of .sale, conveyance, eni'eotlinent or exchange, or by gift, inheritance, devi.se or marriage, such person or persons shall, within twelve months next after his or their entry into and pos.session of the same, take the oaths ]ire.scribed by law, before .some one of the magistrates of our said Province, and a certificate of such oath having been taken, shall cause to be recorded in the Secretary's oftice of the said Province. In default of all or any of which conditions, limitations and re- strictions, and especially of the.saidJohn Beverly liobin.son, William Allan, George Crookshank, Duncan (."ameron, and Grant Powell, and the survivor or survivors of them and their successors, ilo not at all times hereafter ol)serve and fulfil the trust hereby reposed in them according to the true intent of this our grant, and observe and allow appropriations aniiii- so (lie or 1,> ■ ol' acting in (111 or iK'iNoiH .ft of 1(111(1 illl'l iveiiitwit spc 'ij sons SI to I'c li powers ainl (' in'cnii^es in Kit ^ Upon reference to the Ordor-in-Council of iOtli April last upon petition of tlio Mayor, Aldcnnen ami Conniioniilty of the City of Toronto, and upon seeing nth Aueuit^^^ tlu- report of Major Honnycistle and .lames (irant Cliewctt, Es(|., and the plan for issue of hy them submitted respecting the vacant water lots in front of the City of fond'southof Toronto, it is resjjectrully recon;ineiided that with the cxceptioji of the water lots wfttSr iSS'' *"** in front of the intended site for the Home J)istrict pro- visoes hei'einafter expressed and contained all those parcels and tracts of land covered with water, and situate in front of the City of Toronto, in the County of York, in the Home District, in our saiiJ Province of l'])per Canada and also, all those ))arcels or .strips of land situate between the to]) of the b.-uik and t!iewater'>< edjfe of the Bay, situate in the said City of Toronto, aiijoining the said Water Lots, and which said land covered witA water or Water l^ots, and the strips of land situate between the top of tlie bank and the waters edge of the Bay, are known and described as follows, that is to say : — First : — Connnencing' at the intersection of the ])roiluci'il western limit of Berkeley Street with a line produc(Ml fiom the point, near the site of the French Fort, west of Toronto (iarrison, U) (iooderham's Windmill ; thence north sixteen deoTees west four chains thirty links more or less to the southern limit of that part of the Water Lot in front of the town lot " C." on Ivine' Street, as orieinally granted to the late .lohn Small ; thence south seventy-four degrees west four chains more or less to the limit betw(^en town lots " C." and " F." on King Street produced, otherwise to the south-western angle of the .said .lohn Small's water lot; thence north sixteen degrees west four chains moi'e or less to the water's edge of the BaA' : thence westerly along the water's edge to the north-eastern angle of a Water Lot in front of town lot nundier two on Palace Street, as originally granted to AlexamlerLegge; thence south sixteen degrees eastten chain'* more or less to the south-eastern angle of Alexander Legge's said Water Lot , thence south seventj'four degrees west one chain more or less to the south-western angle of the Water Lot in front of the east-half of the Town Lot numlier two. on Palace Street ; thence north sixteen degrees west thirty links more or less to the south-eastei'u angle of tlie Watei- Lot in front of the west-half of Town Lot numher two sixteen d( Water \a ntherwisi Herehme less to th iheliee nil to the sol l)eing the .Street; t! limit of t half of '1 lour ehaii the site o li\e d( gl'( of begiiii Fi ui of Fri'dei French F sixteen di of a Wat of the eas four degr Water L(i west twei front of t W;iter Lii one chain to the sai oi' less to eight on seventy-f Stl'Cet jirc I |)S HKTWEEN lN(i SoL'TH ,s shdU I'omt nere motion, 3 "The City t to tlii> pro- ■ju'ts of laml le County of and also, all d tlic wati-r's said Water tlie strips of the Bay, aro A'rn limit of tlu- Frencli nrtli sixteen imit (if tliat ns (jri<;inally i west four Kin^ Street mall's water the water'n orth-eastern Street, as stten cliain'^ Water Lot , )utli-westeni lunnlM'r tw(v )re or less te )f Town Lot st one chain outli sixteen lictwtM'n the mill ; thence more or les*; item limit of late French north sixteen Bay ; thence iV' + er Lot in o the north- eastern an!j;1<' of the said last mentioned Water Lot originally j^ranted to the late HIi/.a ilussoll ; thence south sixteen deorees east four chains tiftv links more oi- 2ist February. 1 ,1 1 !• 1 • 1 »i. I , 1 • I'l- ., 11 Patent of land less, to the sontn-eastern aneli' ol the said Water Lot granted to hli/.a knssell ; southof topof thence south si'ventyd'onr dej;rees west two chains more or less to the r.istern ]'o'\"'^ ''^"'^ *'^^"' limit iif Caroline Sti'eet produced ; thence s(jnth sixteen decrees east, eii^jit eh.-nn- seventN' liid\S more or h'ss to the nfoi'esaid line hetween the |ioint near the site of the lati' French Fort and (i lei'ham's Windmill; thence north sixtytiv e deLj'i'ei's east ;diim;' s.aid line three chains ninety links nmre m less tn the plac<' o|' iie^inniiii^, containing' f(air acres, nioie oi' less. TliirUy : — t 'ommenciiiif at the intei-.scction of the produced westein lindt of i C'arnline Street, with a line ])roduce(| fi'om the point near the site of the l.ate |-"n'nch l''ort, west of Toronto Carrison, to ( iooilerham's Windmill; thence noi'th sixteen detfrees west forty links more or less to the south-east''rn anLiie of the Water Lot in fi'ont o|' the east hall' of Town I>ot nundier live dii I'alace Stieet, iitlier\\i>e the south eastern an^le of the Water Lot originally j;ianted to .lacoK lieichmer ; thence siaith se\enty-four deiirees wtst se\inty se\ en links more or liss til the >outh-wi'st amile (if tJH' .said W.ater Lot granted to JacoL llerchmer; th( nee north sixteen decrees west three chains and twenty-five links more or h ^^ to the south east allele of the Water Lot original ly "'I anted toC)uett(>n St. (Icoi^e iieiiiii' the Water ''"^ '" front of the west half of Town Lot numlier li\c on i'.al.ace .Street; tlieiice >outli se\ cnty-fourdeyreeswest twochaiiis moreorless to the eastern limit of the Water Lot (originally i,n'ant('(l to William Allan) in front of the west hall' of Town Lot nuniher six on I'alace Street ; thence south sixteen denrecs I'ast lour chains twenty links more or less to the afoi'esai(l line hetween the point near the site of the late Ficnch F(a't and ( looderham's Windmill ; thence north sixty- live (1( yrees east alon^' said line two chains seventy links more (ir l(•s^ to the place of lieeiiinini;', edntainiiii;' one acre more or less. F( urthly :— Comnienciiiii' at the intersection of the jirodiiced .vestern linii*^ of l("rederick Street, with a line pid(hice(l from the jioint near the site of the late French Fdit, west of Torontd (JarriMin to (looderham's Windmill; thence north sixteen dci^rees West foiir chains fifty links more or less to the siuUh -eastern an^le of a Water Lot :;■ ranted to Susannah .Maria Wilcox. Leinn- the Water Lot in front of the east half of Town Lot numlier sexcn on Balaci' Street ; thence south seventy- four (leij,rees west one chain more or less to the south-western aiii^le of the said Water Lot as erante(l to Susannah Maria Wilcox ; thence north sixteen deeceos west twenty links more or less to the south-eastern an^le of the Water Lot in front of the west half of Town Lot nuniher .seven on i'alaci' Street, heiiie' the Water Lot "'ranted to Alexander Wood ; thence south se'.enty-four decrees west one chain more or less to the south-western allele of the said Water Lot as eranted to the said Alexander Wood ; thence north sixteen deerees west five chains more or less to the sonth-ea>-tern anele of the W.ater Lot in front of Town Lotiunnher ein'lit on Palace Strei't, as eianted to the late Duncan Cameron : thence south i>e\('iity-four decrees west two chains more or less to the eastern limit of ( ;eo!';.vi> Street produced ; thence south sixteen dej^'rees east ten chains thirty links more or less to the aforesaid line Let ween the point near the site of the late French Fort .'iiid (iooderham's Windmill; thence noi'th sixty-five decrees east .-iloiij;' s.aid line three chains ei(dit\' links more or less to the iilace of he;'iiiiiini''; coiitaiiiine- three acres more or less. Fifthly: — ( 'omniencin^- at the intersection of the produce(l western limit of tJeoree Street with a line produced from the ]ioint near the site of the late French Fort, west of Toronto (iarrison, to (iooderham's Windmill ; thence north sixteen deejrees west five chains sevi'iitv links more or less to the south-eastern an;rle of i 1840 2l8t February. Patent of land south of top of bank and water lots. the Water Lot in front of the oust half of Town Lot nuinlier nine on Palace Street, otlierwise tl>e Water Lot orii,nnalIy p-ante(l to Anch'ew Mercer; thence soiitli seventy-four de^^'ees west one chain more or less to the limit between the said Water Lot <,frante(l to the said Andrew Mercer, and the Water Lot in front of the west half of Town Lot nuinher nine on Palace Street, originally granted to William Bergin : thence south sixteen degrees east five chains seventy-two links more or Uss to tile aforesaid line lietween the ])oint near the site of the late French Fort and Goodei ham's Windmill; thence north sixty-five degrees east along said line one chain more or less to the ]ilaee of heginniiig; more or less. containing half an acre Sixthly: — Commencing at the intersection of the produced eastern limit of New Street, with a line produced from the point near the site of the late French Fort, west of Toronto < iarrison to ( Jood(M'ham's Windmill; thence north sixteen (k'Ofrees we-t live chains si\t\-tive links more oi' less to the south-western anifle of the Water Lot in front of the west half of Town Lot number ten on Palace Street, oi'iginally granted to Guy C. Wood ; thence north seventy-four degrees ea> of the said Water Lot lctt(>red "I;" thence south seventy-foin- degrees west one chain more or less to the Water Lot lettered ' K ;" thence north sixteen degrei's west ten chains more or less to a line produced from the north-western angle of the present storehouse erected on the Water Lot in front of the south-eastern angle of the Market, connnonly called the Farmer's Store, and Jiergin's Store, erecte(| at the north-eastern angle of the Water Lot lettered " A," in front of the Town Lot l(>ttered " A," on the north side of Marke', Street : tlu'uce south-westerly along said line to the north-eastern angle of the Water Lot lettered " F," originally granted to John Bishoj) the elder, thence south sixteen decrees east thirteen chains more or less to the aforesaid line hetw(>en the point and the site of the late French Fort and Gooderham's Wind- mill ; thence north sixty-tive degrees east along said line, three chains more or less to the jilace of beginning ; containing two acres more or less. Eighthly :— Also connnencing at the intersection of the produced eastern limit of Ghurch Street with a line produced from the point near the site of the late French Fort west of Toronto Garrison, to Gooderham's Windmill ; thence north sixteen degrees west one chain more or less to the south-western angle of the Water Lot lettered " D," originally granted to John Fwart; thence north .seventy - four degrees east one chain more or less to the south-eastern an<:le of said Water on Palace er ; thence etween the ot in front granted to '-two links ate li'ronch along said iilf an acre ■rn limit of ate French rtli sixteen ■^tern angle 1 on Palace my degrees Water Lot ains sixty- the site of ive tlegrees beginning ; lore or less. stern limit u the point ooderham's less, to the 1 to Henry less to the H," thence rn angle of ; thence jot lettered east thirty ttered "I;" Water Lot ss to a line cted on the only cdlled ngle of the north side rth -eastern |) the elder, oresaifl line im's Wind- ins more or X'd eastern site of the lill ; thence mglo of the •th seventy- said Water bank and water lots. Lot lettered " D:" thence nortli sixteen degrees west thirty links more or less to the southwestern angle of the Water Lot lettered "E," originally granted to 2i8t Februarv, D'Arcy Boulton the younger, thence north seventy-four degrees east one chain soutSof topof more or less to the limit between Water Lots " K" and " F :" thence south .six- ' teen degrees east one chain more or less to the aforesaid lino between the point near the site of the late French Fort and Gooderham's Windmill ; thence scnith sixty-tive degrees west along .said line two chains more or less to the place of beginning, containing twenty thousand S(|uare links more or less. Ninthly : — ALso connnencing at the intersection of the produced western limit of Church Street with a line produced from the iioint near the site of the Into French Fort west of Toronto Garrison, to Gooderham's Wimlmill : thence north sixteen ilegrees west six chains eighty links more or less to the south- eastern angle of that part of the Water Lot lettered " A." granted to William Bergin, being south-easterly continuation of that part of the said Water Lot " A," previously granteil to Williatn Coo]ier, situate in front of the 'i'own Ijot lettereen decrees west eleven ehaiiis fifty links more or less to the Water's edL;e of the Hay: thonee westerly and south-westerly alon-,' the same to the north-eastern an^le of that ]iart of the Water Lot in front of the Town Lot nundu'i' four on the north side of Front iSti'eet, previously >;-ranted to Eliza llussell, deceiised ; thenre south sixteen degrees east foui' chains iifty links more or less to the south-east jrn an,L;le of that part of the said Water iiot prrviously L;i-aiited to Kli/.a llussrll, aforesaid: tlnaicc south seventy-four drerces west two chains twenty-Hve links uioi'c or less to the south-westt'rn angle of that part of said Wati'r Lot previously granted to the said Eliza Russell : thence north six- teen degrees West four chains Iifty links moic or less to the Water's edge of tlie Kay; thence westei'jy along the same to the place of l)egiiniing : containing six acres mole i,r less. Thirleenthly : — Also conuiieueing at the Wati'r's eclge of the Hay in the eastern limit of Vork Sti'eel jiroduced : thence south sixteen degrees east twelve chains more or less to a line pi'oduceil from the point near the site of the late French Fort west of Toronto Garrison, to ( Jooderliam's Windmill ; thence north sixty-h've dei^rees east along said line thirteen chains nioi-e or less to the western limit of i!ay Street ]M-oduced : thence noi'th sixteen degives west eleven chains more or le.ss to the Water's edge of the Hay: tlienee westerly along the same to the place of heginning; contaiinng fourteen acres more or loss. Fonrteenthly : — Also conmieiicing at the Water's edge of the Hay in the eastern limit of (iraves Street produced; thence south sixteen di>grees east thirteen chains more or less to a line proiluced from the point near the site of the late French Fort west of Toronto Garrison, to Gooderham's Windndll; thence north sixty-Hve degrees east nine chains fifty links more or less to the western limit of York Street produced; thence north sixteen degi-ees we.st twelve chains Iifty links more or le.ss to the Water's e said City of Toronto shall con- vey and assure to the different individuals or persons who now ai'e or mny be entitled to the lots originally granted, or sueh parts and portions of the said lots r 'sjicctively as any person or j)ersons now are or may be entitled to in the said lots heretofore granted, all anure(l su'iject to such general regulations as affect the whole, an\ luml ; one ,. f,,r t||.> tliinl lii'ii'in ilcsrrilu'd pci'tidii ol' ImihI: oiic-scx ciitli of r tliu I'ourtli liiTfii! drscrilu'd ]ioi'tionor IhihI ; niic-scx nitli of iin bank\.°Vwater ficiv for tlli' liftll luTcill dcscrilird portion of l;nid: our sc\ mtli of ci-lilrcil tlioll- sillld si\ huildl-cd illld fol't \-- ti\ f M|ll.ir(' lilde-(|uarlers of an acre for the twenty- tliird herein descrilied iiortion of land; one-seventh of threecpiarteis of an acre for tlie twenty-fourth herein descrilied portion oi land; one seventh of an acre for the tweiity-ti'th herein descrilied portion of land; and one-seventh of an acre for the twenty-sixth herein described portion of laiui, in lot number six, in the second concession from the Bay, in the Township of York, of our said Province. (iiven under the i^reat seal of our Province of Upper Canada, witness our trustv and well-beloved Sir (ieorj,fe Arthur, K.C.H., Iiieutenant-(.iov(>rnor of our said Province, and Major-deiieral coniinandini;- our forces therein at Toronto this twenty-first day of February, in the year of our Lord on thousand eight hundred and forty, and in the third year of our reiyn. By coniiiiand of His | Excellency-in-Council. j R. A. TUCKER, Secretary. ■ ^ i 15 hiiiil ; Olio icxt'iitli of i(li 1)1' .'in Ircll tlioll- I'ilicil |ior- [)orl inn of I'loill AI),l()ININ(i SlIIKKTS. (irilfr In Caiiiicll. ■''/• . . ' Howarn s plan. Iiiis ik'icnuiiied to cause surveys ol the liarl'our to l>c inadr, and to have sidi- li\isioiis thereof into water lots judji' -teij, Ira^ed on the al)o\ e-iurntioned ]ii'iiici|ile. I liavo, therefore, to instruct you lo survey the liarhoiir in I'miit of the westerly part of the City of Toronto and prepare a plan thereof, on the .scale of lour chains to an inch, showini;' the .souiidinii's in feet, the features of the Iiank, and of the jiosition of ihe .streets and wharves already liuilt, and mark on it in pencil a projected siilidivision into water lots with a line of wharves, reservinj; a street or puiilic thorou;;lifare InO feet in lireadtli, measuring' fi'oin the face of the innerinost )irojected wharf, on which no stores or other laiildinj^'s are to lie erected. You will transmit willi your plan a repoit on tlie capabilities of the li arbour. Tlie pay of youiscjf and jiarty will be at the usual rates. I have, etc., 1). B. PAPFNEAIT, Comm'r of Crown Lands. Crown Lands Department, Montreal, Lst April, 1846. R, retary. 16 1852 9tb December, Order InCouncll for license of occupation of water front west of property patented Zlst February, 1840. ORDfcU IN COUNCII, DATKD 9TH DkCKMUKH, 1H.)2, APl'KOVEI) HY THE GoVEHSdU. GENEKAL-IN-CoUNrll, IHE SAME DAY F( »U ISSIE OF LK'ENSE OF OCCV ■ I'ATioN OF Lands and Water Lots west ok phopehty I'atented 21.ST Feuuiaky, 1840. (Extinct.) The Committee have tnken into con.sideration tlio report of the Commis- .sioner of Crown Lanils, d within a period (if one year, and be duly proceed(>d with, and properly mMintainey the Governor in Council. i Third — That the prjrtion of the said frontage extending from " Siuicoe " to "John" Streets be reserved, subject only to such improvement as from time to time the corporation nuiy l^v the Governor in Council, be permitted to make thereon. FourtJi — Tliat there shall be spi^cially reserved to the Ciovcrnor in Council the right of assuming and granting possession of such portions of the .said tract as may from time to time be considered idigible as railroad depots, an grfinted (its, on th>> saiil wnter 't'di'd with, ■d ]\y Your ic [H'oij^rfss pcdiiMit l)v ;tud to and public cor- 1 sutijeet to Sjnipoo " to iiui time to L'd to make in Council e said tract and tliat in itH already of the said a surrcndpr t,'rant of s id also that [idcr of anv lep:. I,. |,i(i;nhk ok Occii'ATioN Datkk 2!)tii Maimii, is.'):}, to tiik Ciiv ok ToitoNio OK li\NI)S ANI» WaTKH liOl'S WksT Of I'HOPKltTV PaTKNTKM iJlsT KllUHAKV, rKoviNcK or Canada P>y Ilis Kxcclli'ncy till' Uii;!!! Honoialili' James Karl I H.IIJ of Klj^in and Kincardine, Kni;;lit ol' tlie Most Ancient and Most Nol)ie Order of tlie 'i'histle, (!..vernor-( ieneral nf Lic^|^»g'e"f om. rsKAI.I Hiitish North America, and Captain (Ieneral and (lovcrrior pation oi in Chief in and over the Province of C'ana(hi, Nova Scotia, front. New lirnnsvvi(d< and the Island o|' Prince I'Mwai'd and \'icc-Ae that 1 have ;j,ranted and do hereliy Lrrant unto The J.'ayoi', Alder" men, antl Conmion Ctmncil of the Cit\' of Toiontn, and their successors in otliec license to occupy all that parcel of land covered with water situate in the City of Toronto, in the County of Vorl<,(aieof the Cnited ( 'ounties of Voi'k, Ontario and Peel, in that part of this Pioviiice calh d Cpper * 'anaila, conlainin;;- tilty-ti\ c ai ri's mure or less, and Iteine' the Water Lots in the Pa}', situate between tin- eastern limit of Peter Stieet, produced and the eastern limit of the Water Lot on which the (j)ueen's Wharf is constructed, produced — that is to say, connneiicine- at the water's edj^e of the Bay at hie'h water mark, and in the eastern limit of Peter Sti'eet, then .south sixteen deii'rees, east fifteen chains more or le.ss to a line drawn frcjni the site of the old French Furt to (Joodeidiam's Windmill, then south sixty- li\(' dei;i'ees, west thirtv-*\' Ki'Diit Slrci't jinil I In- wiitrr's r(I;rr of tin- Has' lit lii'^li watci- iiiiii'k mill I'M'iiiliii.u' Irnin liKick Slivit t(t li.itiiiirst StiTct,-- tli.il is td >,iv. ciiiiiiiiriicinn' in tlir .sDiitliiTii limit of Kront Stri'-t at tin' |Miiiii cf ii.s iiilcrsfftiiMi iiy I lie wi'^tmi limit nl' llrnck Sti i.lirin^ nt iIm' iKirlliiMNi iiii;ilc (if flif iifoVrsjiiil |iarci'l nl' laml; llicii wrstcrly ri>lliivviii<;' tlic si.iit lici'ly limit 1)1" Ki-niit Stri'i't thirty fliiiiiis iiKirc or less to liallnirst St rcct ; tlini soiitli si\l('rii (lf;;ivi'S cast t'lillowiiu' the I'li^tfily limit of l!atliui>l Strcd srvm chains iiKar III' less to till' water's i'ily;i' of tlin l>ay at lii^li-vviitiT mark; then tasli fly fdlliiwiiii:' till' saiil water's cili^c at lii;,f|i-wat('r mark, criissiuif the northciii ex- treiiiitN' I'f the (,Mierii'N Wliai'f aiid auaiii fojldwiii;,' the water's eil^e as afor saiil easteiiv to the west' 111 limit nf ISrock Street iiforeMaiil ; tlnii iinrlli sixteen ilc- ifi'ces west two i'liains li^iity links more nr less to the place nf lM';;innin'/. A'' •«/•(•/'/(// the soutlierii extremity of l' of laml hetweeii tlie southern limit of Kront Street and the water's cd^fe of the Hay at hii;h-walr mark, extendiii;: from I'eter Street to ISroL'k Street —that is to .siy, comnieiicin.; in the smtherii limit of Front Street at the point of its intersection liy th" enstern limit of Brock Street, liein;,^ at the north-west an^le of the .said parcel of land; then siaith six- tei'U de;4'rees cast three chains more or less to the water's edac of tin; IJayat hijjh-wrtter mark; then eiisterly followin;^ the .same to tlie westei'U limit of Peter Street pi'odiicod; then iMrth sixteen dej^nvcs west seventy-Hvo links more or less to the south-east aie^^le of the hlock of land now occupied hy and in the posses- sion of the jirincipal otlicers of Her Majesty's ordnance: then westerly I'ollowine; the southern limit of the hlock of land so occiipie I to the south-west allele tlierof; then north-easterly, northerly and noi'tlieaslei'ly followine; the western ami north"rn limits of the said hlock so occupied to the southern limit of Front Street aforesaid; then westerly alon^^ the said southern limit of the said street nine chains more or less to the plaie of liei,niniin,i;-. To have- ami to hold the aforesaid ]iarcels of land unto the said .Mayor, Aldermen and Common Council of the City of Toronto ami their successors in otlice for ami duriiiLT jileasure ; subject neverthe- less to the followiner limitations and conditions, that is to say : First — That the Esplanade eontemjilato I to he made alonj,' the said water fronta^^'e he commenced within a period of one year, and he duly proceeded with and he maintained upon a plan to be submitteil to and approved liy me in Council, and any alterations in the said plan which in the pro<,'re.ss of the work or at any time after its comple- tion it m ly be deemed expedient by the .said Ma^-or, Aldermen and Common Council as aforesaid to make shall in like manner be first submitted to and receive my apjiroval in Council. Secoml — That a rij^ht of way be secureil to the public or to such public corporat ons over such portions of the said tracts or parcels of land and for such ])urp()ses and subject to such reticulations as shall be approved of by me in council. Third — That the poi'tion of the said frontage extendinjj from Simcoe to John Streets be reserved, subject only to .such improve- ments as from time to time the .said Mayor, Aldermen and Common Council as aforesiid may by me in council be ]iermitted to make thereon. Fointh — That there shall be specially reserved to me in coinicil the ri^ht of assuring; and j,;rant- inj;- po,ssession of such portions of the said tracts or parcels of land as may from time to time be considered eligible as Railroad Depots, and that sjiecial reserve be also made of ri^'lits alreaily oc:u])ie 1 bv any person or persons in or I'espectine; any portion of the saiil frontaije. And lastly, the aforesaid strip and part of the strip of land are subject also to any claims that niav be established b\' the respec- tive otlicers of Her Maiestv's onlinince or bv the militarv authorities and also to I I I'Ctll -licit s|iac l,:iv alreai vpaee slid -.well man iisaiy fortlieiii for tin piirpoM' nf a tciininiis and wliieli Ii,i> alreailv lieiii tiiUrii possession of l>y them, the said Compiiiiy to pay for siieii lutuho oi ocou- .|,ace Mich" iinioiiiit as may !»• awanledby arlalralors to be apiioinled heiraft.r in (i;^^g't°'{.i°y water -iieh manner as to iiir in eoimcil may si. 'in lit iind --iiliicct liUrwise (o thf occiipa- front liiiii bv other riiili'diid eoiiipaiiies of Midi space as may be i('i|inii(| jor Mimlar iiuipoM's, and the value to be established in the same way. ( liven undi'i' my hand and Seal at Arms at the ('ity of (,»llrbee, ill I he * I'l'ov ilU'e r ,f ( 'ailildil, I Ills twellty ■ llilltll day of March, in the year of our i^\\\ hu'ndreil ami tifty-three and in thf si.\teeiitli year of Her .Majesty's Ueiijii. I:L(;IN \- KINCAltDINK. By command, A. W. MolilN, bet. Orders in Council. iHh December. bSoi. aii l)y letters iiateiit, under the (JreatSeal of the Pi'ovince of Ui>]»^i Canada, lieariiij: date tiie tweiity-tirst day of Feliruary, in tlie year of our Lord one thousand eifrlit liundred and forty, certain water lots or tracts of land covered witli water, situate in front of the said City of Toronto, and certain jiarcels di sli|isof land situate between the top of the bank and the water's edge of tlie biy in the said City of Toronto, adjoiniiii; to the .said water lots, were under tlie direc- tion of an Order in Council of the 17tli of August, 1S:'~, granted to tho iiiax'or, alileriiieii and coMiiiionalty of the said City of 'i'oidiito, and their succes.sor> for ever, upon trust, to lease the said wati-r lots, or apply them to and for the public purptjses of the said city, as the coiiinion council of the said city of Toronto, from time to time, might think tit to order or direct: And upon the further trust that within three years from the time the said City of Toronto should occupy any of the said water lots for the uses of the said city, or leas" the same, an espla- nade of one hundred foet in width, of such mat -rials and plan as the said City of 'I'oronto, by act (jf common council, might ooler and dii'ect, should be erecteil and fiuilt in front of the saiil lots by the said city, or the lessees of the said lot> ro.spectivoly, at the place ilesignated by the letter C, on the Record maps of tln' Crown Laml Depirtment, and designated by tlie lettei- O, uj)on a plan of the saiil city and water lots annexed to the .said letters patent, subject also to the condi- tion that the said esplanade shall be kept in repair by the city or its lessees, a> provided for b}' order in council of 17th August, \HH7 ; and upon the further trust, that so soon as the proprietors of such water lots, in front of the said City of Toronto, as hail been granted previously to the date of the letters patent here- inbefore in part reciteth March. IS.")!}. His Excellency gave and granted to the said ina\or, ahlermen and common council of the s;ud City of Toronto, and their succe.s.sors in otttce, license to occupy certain other parcels of land covered with watt'r and strips of land lying in front of the .said city and in the said license of occupation de.scrilied, with certain reser- vations in the .said license of occupation set forth, to have and to hold to the said mayor, aldermen and common council of the saiil cit\- and their successors in i otiii'e, for a •i c'liiditions T"!' mto ha mnn I'ounci the said w; of uci'upati Hires for tl .iniiual rati or li'aseholi siiid esplan January, t greatly cor -.uch an es] of the said Re it the advice l.ly of the the .'lUthor Creat Brii r J I per 1 1 IK enacted 1)\ 1. Th commonah with any ,nid build deserihed mentioned of tlie saic till' same, •2. All I'liiviiiee t I'limiiii'iiall ail amount necessary immlier of tliau tweii ill twenty uig the sai I or the col authiiii/.iii part theii annum to "ther rati fund of tv |i;iyalile o litlier ill J ■ if other 1 :v Ai built and the water -hall have provided. 21 >\Vrr to tllf JS'>.I.] Diir l^nrd lid covi'i'd pJUX'i'Is .1) it' tlif biy tile diicc- il to tlin MlCCfSsiiTv ml for the )t' 'I'oroiitn. rtlit'i- tru>t ;lil occupy an <'.sj)];i- Sfiid City Im' iTectfi] e s-iiii lot> lips of till' >f the sail! the condi- Icssct's, a> le fui'ther ! said City iti'Ut lierr- LTs patent, ;<) the sail! ed on thr the exten- .'tters pat- to convey !es of land diny;s am! le devised er lots s(i \\ and the iiid espla- ng to the p of occu- ■ the 29tl, mfonnitv th March. 1 coininoii to occupy ,' in front ain reser- ) the said cessurs in otlier, for and diirini,' i)leasure, subject nevertheless to the stipulations, terms and 1 853 uiditions therein mentioned: and ■whereas the corporation of the <"ity of T'l' into have, by tbeir petition, prajed that authority may be j,nveM to the com First E8p"^*a.de iiioii council of the said city to erect the proposed esplanaile in front of and upun Act.i6\rc 219. the said water lots, accordinij to the conditions of the .said letters patent, license of occupation and tlie lea.ses to tlie several tenants thereof, and to is.sue deben- 1111 IS for the payment thei'eof, payabh; within twenty years, redeemable by an .innual rate to be levied on such liolders of the sainch an esplanade should be forthwith built, and it is advisable that the prayer uf the said petition be granted : Re it therefore enacted by the (j)ueen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assem- My of the Province of Canada, constituteil and assendded by virtue of and under the authoi'ity of an Act pas.sed in the rarliament of the United Kingdom of 'ireat Britain and Ireland, and intituled, ^L» Act to n-tniitr tin' I'wrincifx of Vjipcr mid Lour r Cuvudu, avil for th): Gofcrnmi'iit of Cdmtiln, ;ind it is hereby tiiacted by the authority of the same. L That it shall and may be lawful lo and for the mayor, aldermen and Curporatifn coiiimonalty of the said City of Toronto to enter into any contract or contracts ["*}',i^°" j"g with any person or persons who may be willir.g to undertake the same, to erect Ks-planade, et;. ,iiid build an rsplanadr in front of and upon the wati'r lots in tin' said <'ity, as ijiMTibi'd in thr preamble and the letters patent and license of oecui)ation therein ineiitione(l, of such materials, and according to such plan as the common council "I the said city of Toi-onto may have adopted, or may hereafter a[' debentures theivlor, to impose a speci.-d rate ]>'•'■ tomclude'*'"'*" aiiinim to be called " Tin' Ksplanade Rate," over and above and in addition to all prr.vision for a "tiler rates to be levied in eacdi year, whi(di shall be siitficieiit to form a sinking '"'"'^''''^ '^""•'^' iuiid of two per cent, per annum for that purpose, o\er and above the interest liayable on siudi debentures, which sinking fund shall be invested in each year, either in the d(dientures provided for by this Act, or in govi'iniiient debentures "1 other Provincial se(-uiities. 3, And be it enacted, that whin the corporation of the said city shall have <*ity "".fveyor to I'uilt and coiii|deted that ]iortion of the said esplanade fronting upon and crossing amouot payable the Wilter lots in the said city, after the owners, proprietors or lessees of such, lots by owner* of lots -hall have failed to construct the same within the time and in the manner herein clty'^shall have piovided. the citv snrvevor of the said citv. b\- an instrument under his hand and made the " ' ' ' esplanade, and notify them. ■}■) ii li I4tli June. First Esplanade Act. 16 V. C. 219. Provision fur arliitration, if any buch owner declared liimself dissatisfied witli the amount so a.scertained, otherwi.se certificate of city surveyor to be conchisive. Provision if the owner be unable to act, absent, etc. iSum finally ascertained to be a charge on the I and : and pay- able in 20 equal aanual insiial- iiients. How recoverable if not paid. .seal, shiill (leclaro tlie .•niioiint wliicli oiclioi' .such owiiui-soi' K'ssfcs oiioht to pay t i tlio said c-ity for construction of such esphiniuU' upon and iici-oss such water lot- respectively, a copy oi' which instrument shall he served on each such owner m- K,sscc rcs])ectiveiy, or sent to liis address hy mail, if his adch'css he known and l)c within this Province, and not within the said city. If such ownei' or lesser shall within one month after such service leave with the cleik of the connnoii council of the said city, a notice in writinif that li^ refuses til pay tlie amount declared hy the said city surveyor, as tlie sum jjayalilr 1)\- him in r(>sprct of the improvement made across or in front of his lot. and shall also name an arhitratoi' Id act on his liehalf for the ]iurpose of deciilin;;' the vahb' of the said impmvement, the corpoi'ati(Mi of the said city shall also name an arhitrator on liehalf of the said city, and the twn so chosen shall, witldn thre^ da\s after the miminatinn of a person to act for the said city, select a third ariiitrator, and in case they fail to do so, the county judLi;e of theenunty of Vnik or of an\' union of counties for the time hein;^, of which the county of York may he one, shall a[ipoint sucli third ariiitrator ; and the award or deteianination of such arbitrators, or any two of them, shall be final as t hereunto a Verk. witl ih.an the s he prnduci citv surve_ sueh 111 .'111 papels sllf tiling Miel land, such lliol e. 5. An ill- rcjiealei shall be p of thr Ml pilSSl'(l UlLi (i. All city of To tures, and to lie iiii]ii sum !iiiutlici<'iit tn pay the s;\iiic. the sui'plus shall he retunicd to the DWiicr nt' the -aid land- ^^ htii ajiplicd III)- liy him Any aiis ifccivcMl hy the corpdi'at ion nf the -aid eity under this -I'etinn, -hall he applied towards the payment lA' the princMjtal and interest d' the dehcn- tiiiv- issued under the authdiity of this Act, and siiall 1 e invi-ted ami applied in the iiiamii'i' provided in like cases liy the I'liper Caiiaila Municiiial I'orporations Act-. -(■. And lie it enacteil, tliat the meiiioiamhim of the ceititicate or award hciciiiliefdre mentioned, siened i)y the said city surveyor, or any two of the said aihilrators, (which may he in the lorm or to the I'tl'ect mentioned in tlie sclu'diile heieiuito aiinfXe(l marked A) shall he leeisti'i'ed hy the re^i-ler of tiie cuiinty of \'eik, withotit any luither evidence oi' the executinn of the said mi'iiioramlum ili.in the si;;iiatiire of the persons who purport to sien the same, I'Ut there shall he ])roduced to sucli I'eeister at the same time, the orie-inal certificate of the said citv surveyor, ami t he orii;iiial appuintment in writing- of the an itratois when such 111 ■iiioramliim is si;L;ued hy arhitrators, together with their award, which papers slidU he Hied hy the said ree'ister with the said memorandum, an 1 for tiliii;:' sticli papers and rceisterine' sticli memorandum for t'acii lot or parcel of land, such I'ee-ister shall reeeixe the sum of two shilliiij^s and sixpence, and no lliol e. 5. And he it eiiacteS1. ( 111 wliat priiof tliH iiieiiinran diiiii of city mirveyor or tlio iiwaril Ktmll be regintered. li{' I'l pealed until the deht or dehts createil l)v this Act, ami the interest ti lereon, -hall lie piid and satisfied, and that the one hundred and seventy-eio;htIi -ectioii nf the Municipal Corporations Act of Upper Canada shall extend to any liydaw passed under this Act. (J. And le it enacted, that it shall he the duty of the chamherlain of the said city of Toronto, for the time heinij-, t(j keep a special account of tlu' said iltdieii- tur.'-, and to carry tin auKaint received by him arisine; from tiie special rate so to he im])ose(| as aforesaid to .such account, and to a]ipropriate all and every the still! and suiii.s of momy received hy him on the siicl account solely t > the ji(|ui- dation of the principle and interest of the snid debentures. 7. And lie it eiiacti'd, that so soon as the slid es[)laiiade shall be completed ill the manner above mentioned, and the jfem.'ial ree;ulations as to buildings and iiiipioveiiients under the direction of the corporation upon the .system devised by them shall liave lieen comjtlied with, the mayor, aldermen and commonalty of the said city of 'i'orniitf) shall forthwith convey to the sevei-al and resjitctive owiier.s of the said watei- lots entitled to tile same under the said letters |patent, the several and respective pieces, parctds and strips of land set forth and descrilied by the said letters patent, and desiijnated on the map or ]ilan tl'.ereto annexed : Provided always, that it shall and maybe lawful bir any of the owners, pro- |irieiors or lessees of the said water lots, to elect and Viuild that portion of the -aid es])lanaile, fronting upon or crossing tlieii' said respective ]iri'iiiises, upon giving notice in writing to the chanilierlain, for the time lieing. of the said city ol 'i'oronto, within two months after the passing of this Act. of his and their intention so to do and I'recting and liuilding and completing the same, according to till' conditions of the said letters patent and the said iiiaji ami plan, within one year from the passing of this Act: And the said speeial rate authorized to be levied by this Act. shall be rated, imposed and assessed upon such only of the -aid owners, lessees and proprietors of the said water lots as shall lu'glect to give the said notice, or refuse to erect and build the -aid e-planade as aforesaid ; And pro\ ided al\\a\s, that the said mayor, aldermen and coiiiinoiialtx' of thi' said Bylaw inipo.sinn the rate nnt to be repealed until debt and interest are paid. Duty of the chanilierlain under this Act, Conveyance of lot> to the proper persons ai cording to the truat in the letters patent hereinbefore cited. Proviso. Annual pay- ments aforesaid to be imposed only on owners who do not make thei ; share cf the e.splanade. Proprietors may build the esplanade them- selves on wiving notice to the chamberlain. 1^ u M i 185:$ 14tli June. First Esplanade Act, 16 v: c. 219. Esplanade lo be commenced within a certain time. Recital I'f letters patent granting land in I.'^IH in trust for a public walk or mall. The faid land ma.v be trans- ferred to corpor- ation for purpises of the esplanade. Esplanade to be made on the said land after sur- render thereof and grant to the city. Certain instru- ments continued notwirhstandiiig any misnomer of the ciirpnration of Toronto 13 V. c. SI. Right of ordnance depirtnient aived. 24 citv, nIkiII cuimiiriicc tlic said rs|>liiiiatl(' within mic year from tlu' said twniiy iiiiitli day of Marcli, oiw UkulsiiuI "io'ht liumlifd luid tirty-tlircr, and .shall comiiiy with, oliscivi' and inil'orni all and every tlie reseivations, limitations and con ditions contained in the said license of occui)ation mentioned and in jiart recittMl in the jireamble to this Act. S. And whereas 1)\- letters jiatent from the Ciown, dated thi' fonrteenth day of ,lnh- in the year of onr Lord one thousand eijjht hnndred and ei^fliteen, n certain space or strip of land, denominated by the letter II, on tln' })lan of the then town of York, commencing at the top of the hank in the western limit of the old Government Bnildinijs reservation, adjoining t'le south-east aneje of the said town, then, north sixteen dcifrees west four chains, more or less, to the soiithern limit of Palace .street, then along the southern limit of the said street, and also following the .southern limit of Market street and Front street,, until it intt>rsects the western limit of Peter street at the west einl of the .said Town : then, south sixteen degrees east five chains, more or less, to the toj) of the bank, following its .sevi'ral turnings and windings to the place of beginning, containing tlurty acres, more or less, with allowance for the several cross streets leadin<.f from the said town to the water, was vested in .lohn Beverly R(jbinson, William Allan, (ieorge Crookshank, Duncan Cameron and ( irant Powell, all of the town of York, Ksijuires, their heirs and assigns, for ever, in trust to holil the same for the use and benelit of the iidialiitiints of the then town of York, as ami for a public walk or mall in front of the sail town: Be it enacted, that the said trustees, or the survivors of them, shall have power to transfer and convey the land so h..'ld by them as afoi'esaid to the mayor, ahli'mien and commonalty of the city of Toronto, to hold the same upon the same trusts ami conditions as are expres.sed in the le'ters patent above referreil to; or the siid trustees mav, at their option, surrender and re-convey the .said hind to Her Majesty, and the (iovei'iior of this Province may theii'unon, by an order in council, or otherwise, transft'r an. 111. Provide 1 always, and be it eiiacte 1, that nothing in this Act shall apply to or affect an}' lands or projierty vested in the principal otticers of Hei Majesty's ordnance, or shall be construed as giving any jiower to the mayor, aldermen and connnonalty of the city of Toronto, to taki', use or occupy )in\- such lands, or to oblige the said principal otficeis to do any thing to he done in respect thereof, or in anv wav to inteifere witl 1 or iti"ect the rights (if th e saiil iirmciiial o ffic^ ers. '2^ 11. I'rovidi'il jilsfi, aiifl 1)1' it I'liactcil, thill iintliin^- liciriii ctmtaiiicd slmll lie (■ IMS ninl to iuiiiiiir nr atit'Ct tliu rii,dit (if Her Majesty t' a ternunus upon \vi Desciiiniuii nf Liiiul. Ainoiint i.iiari,'e!ible tluTenii in favor of the City cf 'rcirmitd for Ksplaiiadf Iiii- iirovemeiit. .iolm Julius . , 111 front of Water Lot No. ,">, Foity |iouii(l.s. tliaiited or leasuil to .losopii Styli's as fle.scrihed as fol- John Due, / \ i . lows, that is to s,iy: bouud- Hicliaid Koe. ^ •^"""■''"'■^■ L'<1 Kast hy. etc. Ill- \\ iiniit Lint'. Citv Surveyor. 4 20 OUOKR IN ColNCIL DATKH I7tI1 NoVK.MIiKI!, IS.').'i A ITHONKD l!V TIIK Ad.MIN- rSTHATOR OK TIIK ( ioVKltM Hi-( !KNi:i{AI,-IN'-(-'or\rll„ (i\ TIIK 2:^l!h NoVK.MliKR, \Hr,H, A I'l'IH )V |\(i I'l.AX dl- TIIK FsiM.ANADi;, l)Ali:i) .•{l!l' N()vi:mi!i:i!, Is.l-S, I'lini-osKit liv Till-: Cnv. (Extiact ). 1 S/>.*} Oil tlic iiK'Miorifil of tlir Mnyur ami (■Drporntion of tlic (_"ity of Toronto, snli- iiiitliiiL;- for your Kxcclli'iicy's ii|p])r(ival. " A plan and spccilication of tlu' Ksjilanudi Order ill Council proposi'il to lir iiiailr alojij^ tlic water frontae'c of the ('ity ol' Toronto, ' and pray approving plan • - ■ ■ ■ 01 Esplanade dated 3rd November 18:;3 iiiL,' that, in the rwut of tlii' Oovfninicnt rost.'rvini,mny()f tlic water lots niontioncd in the license of occupation, directions may he eivcn that that part of the I'iSplanade whicii wonlil he in front of the lots so I'cserved, may he constructed freeof charee to the City; and further prajini,' that the lands west of Brock Street to the (j)iieeii's Wharf, erante(l in the saiarth oi, the re.servec] space in fi-ont of the Parliament Biiildinjxs, for the purpose of tillin;;'out to the I'lsplanade, and tinally, they pray that the (iovei'niiieiit may sanction such a iiieasui'e as the liceislature may deem it advisable to pass, to adopt a new Line for the said Esplanaile ea.st of Simcoe Street, and to amend the Act of the late Session, Chap. 2 !'.•, authorizing' the construction of the Esplanaile, so as e;eneially to meet the wishes of the owners and occupiers of watei' lots, and to facilitate the construction of tin* propo.sed work. The Committee of Council are ivspectfully of ojiinion, that the plan of the improvements in front of the City of Toronto, submitted with the Ab'iiiorial of the Mayor and Corporation of that City, be approved of. That, subject to the reijula- tions alreaily made in the .several Crders-in-Council, and in the License of Occupation, u-rantecl to the City, the Committee of Council are of opinion that the (Jovernment sliouhl sanction any measure wliich may be introduced into Parliament, for conferrini;- on the City of Toronto, full control over all vacant land south of Front Street, includiiiif the water lots, with power to lease the said land or water lots, or any portion '>*;■ them ; tiiat with re^^^ard to the reservation in front of the Parliament l^uildiii<;s, the Committee are of opinion that in case that lot be reserved as propo.sed hy Government, the improvements should Vie made on the .same conditions as those in front of any other proprietor's land. That the earth may be taki'ii as re(|Uested, provided that any other allowance for such earth made to the City by tht; contractors shall al.so beallowed to the Gov- ernment Iiy the City. The Committee think this a favorable ojiportunity of ealiinir your Excell- ency's attention to the fact that, owing to the rapid increase of' the City of Toronto the defensive features of the place are entirely chanj-ed, and that conse- (juently it is very desirable that the entire (|Uesti"n of the militaiy reservation shoulil be reconsidered. The propo.sed improvements will interfere with the reservations claimed by the military authorities in two respects, hr.st, as rejianls the special reservation of a block of laml where the eneineer's ofHce is now tixev defence, the Conunittee aiv nf opinion that it should he made further west, '''he only point remainine I'df consideration is the ])rice to he chai'^ed hy the city to the railway conqianies l'(jr any land taken for depots or stations on the watei- lots conceded to tin' city. This (|Uestion will he much simplitied if the (Iraml 'i'runk Comjiany and tlie ( tntario, Simcoe \' lim'on Company fix their stations on laml to he madi' west of thr ini))i-ovements now contemplated, and it is therefore mniecessary to consider that suhject further at present. i( The Committee are further of opinion that no ohjection can exist to the adoption of a mea.sure for alteriny' the line of the Esplana(h' Ibrmerly decided on and taxing tlie ])ro])rietors for tlii- improvements, on the same princijile as that ' Ixisiness t(joethcr under the firm of C. S. (Jzowski A: Co. of the first part, and the Mayor, Aldermen and Conniionalty of tlie Cit\' of Toronto of tiie second part. Whereas hy certain letters patent of (Irani bearini;- date the twenty-first day nf Fehruary in tlie year of oui' Lord one tliousand einlit hnndrtil and forty, cer- tain water lots or tracts of land covered with water situate in front (jf the said City of Toronto and lyinj; between Sinicoe Street ami Berkeley Street in the said City, and certain parcels or strips of land situate between the toj) of the bank and the water's eili,^e of the bay in the siiiy a certain Act of the Parliament of the Province of (^aiiada passi (I on the fourteenth day of June in the yenv of our Lord one thousand eii,dit hundred and fifty-three, entitled an Act ctjuve^'infj to the City of Toronto certain water lots with power to the saiil City for the constructioti of an " Eaid City compri-ini: as well an esplanaili' for that part of the City of Toronto contemplated by tliesaid Letteis Patent as also that poition of the said water lots to the west thereof and lyini 4tli January, First EHplanade Agreement. lOzowski Con- tract I m ]i(iss til.' ".(itiir. tlii'ii to (•(iiisti'iict till' siiiil Ks|.hiiiii(lt' iiccofdiiiy to till' mw plnn \'inn\ Wvofk Stii'ct to Siiiicni' Sti-rt't, mill tVniii till' liist sidi' nl' r.crki'Ify Stfcct lo til,' nil ml 1 1 (if till' Rixi'i' Dull, at tin' raslri ii rinl nf tlio said Cily of Toronto, ami to I'limiilrtc till' saiiii' iii'i wi'i'ii Siiiii'iii' Strrrt ami UrrUi'lcy Strnl. aceoriliiij;' tn till' >s:nns in mannei- following, that is to say : 1. That in case an Act of the Leoislature of the I'lovince shall bo jiasscd at the next se.ssion thereof autlioiizini,' the construction of the said Esplanade according to the new plan thereof hereinbefore mentioned, they the .said parties of the first part shall and will at their own costs and charges build, .sink, erect, construct, till, level, and in every respect fully complete and tini^li the .said Esplanade from the west side of Brock Street to the mouth of the River Don, at the eastern end of the said City of Toronto, accordinf thereof -aid Kii^iiHcr and tlir Fi|^„'t EapVaimcie - ,id parties of thi' lii'st part. ^ ^^.-oTsan- ;). That till' said partie^! of thr liist part shall and will timl and providr all ^^'^'^^' v'.piH', timher, Wood, iron, linii'. liricU, ^iravi-l and rartli and other mati'rials of all kinds whatsoovrr which shall In- ncccssury to he used in or aiioul (he >aid works r any ])art i>y pirts thricof of the hest i|iiality of their sevei'dl kinds, re^'ard Iniim' had to till' directions which may from tinu' to time lie ^iiviii liy the said fjiij;ineer. 4. And al>o all and all maimer of toiU, tackle, iii.iehines and implements of every - tile proj:jress of the said work, ke-ep on the premises com])etent foremen. Aiul it shall be lawful for the Hn<,nneer for the time lieine' liy any writiuff (tuider his liaiid) from time to time to direct any foreman oi' woikman retaineil or employed liv the said parties of the lir.st part in or alioiit the works who shall in the ojiinicm of the said Enoineer lie incompetent to act or behave insolently or Improperly to be removed fnjui his employment, ami that the .said parties of the first part shall and will eatise such workman or foreman to be forthwith dis- missed, and will not pi'imit him aj^'ain to come in or upon the said work without the consent in writinif of the said En^dneer. 7. That in case the said parties of the first j)art shall not finish or supply the materials for .snid works of such suitableness, fitness and (piality as provided for in the .specification, and the Enijineer for the time being shall think proper, or shall not execute the said work to the satisfaction of the .said Engineer it shall he lawful for the said Engineer to reject such materials as shall appear to him unfit for the ])inpose intended, and to require the said i)arties of the first part at their own expense to alter, vary and execute such part or parts of the said works as shall not be done and performed to the satisfaction of the .said Engineer, and thereupon the said ])arties of the first i)art shall and will remove the materials which shall be so rejected as aforesaid within ten days after notice for that purjiose .shall lie given to them, and in lieu thereof, furnish and sujjply other good and substantial materials to the satisfaction of the Engineer, and shall and will remove and reinstate and re-execute to the satisfaction of the .said F)ngineer, such parts of the said work and materials as shall liave been recpiired to be removed and re-executed. fS. That if the said parties of the first part shall neglect for the space of tin days after being thereunto reijuired in writing by the said Engineer to pro- peecl in the execution of tlie s-ime or to remove and re-execute any jiortion or parts thereof which the suiil Engineer shall leiiiiire to be remin-ed and re- executeil it shall lie lawful for the said Entjineer to [lurchase and provide proper and sufficient materials and to employ such other contractors and workmen to execute and complete the said works and to remove and re-execute such parts as tlie .said Engineer shall ri'i|uire to be removed and iv-executed as aforesaid as the isr» 4th January. First Esplanade Axreement (Ozowskl Con- tract I »8 siii.l Kiiniiiiir sliiill iioiniiiati' iiml appoint for that pdrpost-, and upon sm 1 li'i'iiis as to till' siiiil Kii'^'iiiriT shall seem rrasonalilr anil proper, whose ileoisi.in ill siicli matters shall lie liiinl 1». That ill ca-e the saiil woi'ks shall he exeoutele hy reason of tin- .said work hein;;' so executed and coinpleted or any part tlufreot removed aii'l re executed as last aforesaid. And in case the same shall not he |iiiid when d'- manded the same sliall and may he retained out of the snid moneys which shall for the time hein;^ he due and |iayalile to the .said parties of the tirst part undiT or li\' \irtue of thesi' presents. And alsci that the said pai ties of the tiist jiart shall not nor will in any manner prevent, hinder or iiiole>i the >aid Knejim-er or an\' tiersoii or persons em|>loyed hy him from completin;^ or Hnishini; the saiil Works in maniiei- afmi'said, or in usin<,f the materials which sli.all he on the siiiij |)remisi's which shall he provide(l hy either party hereto 10. 'i'hat the said ]iarties of the first pait shall and «ill, at their own expense, make ;,'iioil all daMiae;es which shall or may Irippeii to the said works nr any part thereof duriii;^' the pro;;re-^s therenf from wli.itc>\ t-r cause the xime may happen, and that if durin;,' the proere.ss of the said works any materials or thiii;,'s l)rouL,dit or left for the use tliei f shall he stolen :r lost or destroyed the loss occasioned thei'ehy shall he wholly l.orne hy the said parties of the tir^t part. 11. And also that they, the said ]iarties of the tirst part, shall and will well and truly pay or cati.se to be paiil unto the said parlies of the •-tv'ond part the .sum of three pence Halifax currency for every cuhic yard of earth which the saifl parties of the second part niaj- authorize them to take for the tilling: 11]) of said Ksplanade from the north of the lim- of slope as desi;riiated in the said new plan, and which shall oe remo\ed hy them, the amiaint theieof to ln' deducted from the certiticate or estimate of work done and materials furnished to lie ifiven bj' the .said En;fineer, from time to time as hereinafter is provided. 12. That they the .said parties of the first part shall and will from time to time and at all times dnrine' the proj,'re.ss (jf the said work, well, truly and faithfully ohserve, ohey and keep and fulHl all the stipulations, provisions and restrictions in the saiil Act so to he passed as aforesaid containeii and set foitli relative to tlie said works and the carryiiie- on and the completion of the saint- And shall and will use all caie and due dili^a-nce for the sifety and convenience of the puhlic wdiile the said works are in pro<,'ress under this aixreement, and sliall and will hold harmhs.s and indemnitied the said parties of the secoml part of. ] from and a<,'ainst all loss or ilaiiiai,'e they may sustain or he put unto for or in ! consei|Uence of, or arising out of any of the acts r)r defaults of tlieni, the saiii parties of the tirst part, their othcers, servants, laborers or workmen. Provided always that should anythintj in tlie said Act contained render it imperative on the .said parties of the second pait to chan;ie the new plan ami .specification hereinafter mentioned such deviation or alteration shall he subject as respects the increase or diminution of the costs theieof to the second clause of this aiTreeinent, and in case of anydispute arisini^ ther.'out the matteis of ditter- ence shall be left to arbitration as hereinafter pro\ id-d. l.'i. That they the said parties of the tiist put -hall aril will well and truly pay or cause to be i)aiil unto to the said parties of the secnd jiart the sum ut t-^Hi thousand pounds of lawful money aforesaid for the said rij^ht oi way of ' fort J' feet nppropriat hrreafter ( And that and the (I; said forty as shall o€ 14. A and ;,niara aereeliiellt Condition said work PHcll of till to his sati: ir,. A niiiiiiieiice nioiilh froi the compli side of Hr day of .(ail six. ;\nil iind all t Ik tioii mid I of 'Inly, ii 1(1. T proper wa Act of the the said ]i! said Kspla the snid i thereunto authoritie the said ]i Am sn and s and brill of the sail ties of tl sum of on sum of t( Provi anted hy forty fee dfiducted to the sai fifty thou of the sail pnrt bear at liondm Toronto parties oi if ) I T »:i 1 H!H Uh January, forty foet in wiiltli, over, \1|m)Ii, ih'kin-*, hikI ii1(Mi>; miipIi jKiit of tlu' said Kxplaimde niiliropriiittMl for niilroails iis tlic cniniiion coiiik il >>{' tlif city of Toronto may li. rriiftff (lirt'ct mill iipprovc of foi' tlic use of tliifc niilwuy ti-acks as afori'said. nJJt Eiplana^'<» Anil ttiat the saiil (Jrnnil 'I'rinik Iiiiil\va\' of t'aiiaila shall Im- Incatfil tlicii'uii, aF"""*"} aii'l tlirdnunl I nnik nailway ( iiiii|iaiiy ol ( ana'ia slmll l)i> t'lititlcil to iis<> tiiotracti sm'hI forty ft'i't, anil tlii' saiil tlirct' railway tracks oi' so niueli ami so many tlicn'of as sliall \'i\ rciinircd liy tlicni. 14. Ajiil till' sail! partirs of (lio tirst pnrt ilo licrfhy nnilortako, promiso and ;,'uaranti'i' tliat all tin' crihwork doiii' and porforiiii'd liy tlu'm nmli'r this Mi.rri'1'mriit shall and will coiitinni- and remain duralilr and in jfood nrdor and ruiidition for tlu' spaci- of two yrars, such ^uai'aiitrc upnn each section of thi> said works as set torth in llir said spcciticaliiMi to I'oimiHMicc from tin- time oMch of the said sections shall he ci'itilii'd l)y the said I'litiiiici-r, to 1 c completi'd tn his satisfactinn. !'). And lastly that they the said parties nf the (irst jiart shall and w'M pnnmience the laiildin<;' and construction of the sjii.l wnrks iMimi tide within one inniiih from the date nf these presents and continne the said works steadily initil the comjiietion therenf and tinish tluil })iirtion tlierenf lyin;,^ lietween the west side of Hrock streut and the east side of" Sinicoe st n-' t on nr hefoi-e the first day of .laiuiary, in theyeafnf Onr I oi-d one thiaisand ei^hl Inmdred and fifty- six. And shall and will linish the entire Ksplanad", inelndine- the saiil liriir par value, wliidi, if said (Iclieiitiiri lie line ])(iuiiil t'oiii' sliilliii^i's aiul foiirpciice cnrrciic\' fir „, , in stcrlini: iiioiU'V will 4th January, '^ , ,. First Esplanade i'\cry iimmd sterliii;. AfirrpGinPTi t (Gzowski Con- 17. That tlii'V tlu' siiid part ii's of the second part shall and will pay or eause tract,! to 1)0 paid the said sum of one hiiiidi-rd and lifty tliiiusain! piniiids to the sairi parties of the tirst part in the propoition and at the times and manner fojlovvitii;, that is to say ; that m) somi and so often as the said pfirtiesof the first p/irt sh;i|l have delivered materials or performed work npon the said Ks])lanade to the valno of live thousand pounds cm reiiey to the satisfaction of the said Huijiiieer (such value to he a.scortaineait and the >aid En<;-ineer) they the said parties of the second pait shall and will upon the certilicate of the .said Kiij^ineer to that eliect, deli\er i,v cause to he delivered unto the said paitie-i of the tir-l part such ilelirntuies as aforesaid to the \alue oi' four thou-and ti\f hundie.l pounds estimated as aforesaid until the sum directeil fmm such certiticates and retained in the hands of the said parties of the second ]i;ut shall ainoiiiit to the sum of ten thoiisaiiil jiounds currencv when ail future certiticates of the said I'^n^ineer shall he paid in full h\- the said deheiitures ainl the said sum so ictained shall ho jiaid in the same manner within thirty days after the whole work to he done under this contract shall he com- pleted to the entire satisfaction of the said Knnineer and certified under his hand and that all certiticates reipiired from the .said Knyineer under the ])rovis- ions of this agreement shall be ^dven without unnecessary or vexatious delay on his part. liS. And in case tlie said Act so to he applied for as aforesaid shall not ho pas.sed, then, that they, the .said parties of the second part shall and will well and truly piy or cause t(. he paid mito the saiil jiarties of tin; tirst ])art for the erection of the .s,very week the said work shall remain and continue incoiiipleti^ and untinished, ami so in ])ropoition for any less time than a wei'k, the same to he recovered as li(|uiilate(l damages in an\- of Hei- Majesty's Courts of Hecoril at Toronto or retaineil out of any moiiev which shall remain and lie payahle to the said jiarties of the first part under or hy virtue of the.se presents. •_'(). I'rtn i>led always, nevertheless, that it shall and iiiav he lawful for the .said patties of the second part at any tinii' within one month after the iiassin"' of the said Act, to alter and vary the said new plans so far as the Uailroail appro- priati(ai thei'ein is concerned hy removing tl;e same further North towards Front 35 Stii'ft iuiil in case tlio sjuiic l)o so I'ciiiovof] and the lino of cxcaviition ho the 1854 M.iifliprn limit of Front Stivot the said parties of the Hrst part sliall pav to the siii'l partus oi tlie second part, threepence or lawtnl money atoresanl tor every First Esplanade oul.ic \ard of earlli removeii therehy. And in case no s\ich aheration takes nf/o^.^^^'co^. iihice or tlie line of excaviition lie not tlie sontheni limit of Front Stri'et, that **"*'^^ ' tli.'ii the i|Uantity of earth to he pnid for hy tiie said parties of the first jiart. shall not exceed one hnndreil ami tifty thousand ctiliic yanls. And further that niithine; in the aho\e proviso contained shall in any mainu'r \ary or altei' or he taken or construe(| to vary or alter any other claust>, matter or thin^ in the fore- t.'oine' agreement than is expressly mentioned therein. Lastly: It is m\it nally ayrced hetween the said ]iarties hereto that if any ditl'erence or dispute shall at any time arise het ween them, the said |iarti<'s hereto, Hs to the terms ami nn aniiii,' of this contract, or the performance or execution of all oranv of the \v(n-ks, matters and things tlieri'hy co\'enanted and agreed to be done and ]ierformed oi' any matter or thine- arisinn out of this agreement, ifdatiiiLT to the same (sa\e and except those cases hereinhefore specified, in which the decision of the said Knemeei' of the said jnirties of the second pai't is made final as hereinhefore n:entioned) such dilterence or disjiute shall lie referi-e(l to the award, arhitrament and deternnnation of the Chief Eneineer of the ( irand Trunk Railway of Canada, whose decision sliall in nil cases so nd'erred be final and conclusive lietween the said parties hereto. And it is lu reby ae;ree(| that the suVanission herein contained may he made a rule of either of the Superior Coiuts of C'onnnon Law ot I'pper Canada. In witness whereoj e .said jiarties hereto have hereunto set their hands and seals the day and year first above written, that is to say, the .said parties of the first part, tlieir respective hands ami seals, and the said parties of the second part their corporate seal by John (J. Kowes. Es(|uire, the mayor of the City of Tia'onto, countersigneil by Andrew T. McCord, Es(|uire, Chand)erlain of the said City. Signed, sealed ami deli\ered in the presence of C. (iAMBLE. C. S GZOWSKf, L.S. Wm. GOODERHAM. 1). L. MACI^HERSON, L.S. A. T. GALT, L.S. L. H. HOLTON, L.S. J. G. BOWES, Mayor. A. T. M( CORD, (,"hand)erlain. lassinjx of i r.6 1854 4th January, First Esplanade Agreement Speciflcations. SPKCIFICATION OF WORKS NECESSARY TO THE COMPLETION OF THE ?:SPLANADE PROPOSED TO BE CONSTRUCTED BY THE (^ITY OF TORONTO. Note ;— This si>o(iticatiim is gonenilly taken fniiii tlic cnu' prcpiircii liy Mr. Siiaiilv. Extent. Tlie limit and extent of the e.splaniule will bo as follows : 1. Coninienciiiji on the west .side of Brock Street produced at a distance measured on said line of 600 feet from N. W. an(>le of Brock and Front Streets, the front or water line of Esplanade is to he carried straii;ht to the west line of Simcoe Street, produced, intersecting it at 500 feet from its N. \V. an<,de with Front Street. Tlie lenjrtli of this straij:jht line, measured on water line of Esplanade, will he 2,400 feet more or less. 2. From the almve noted intersection with Simcoe "^tn^et, another straii^lit line is to he drawn to a point in the wcsi side of Bay Street proiluceil, distant from the northern Imundary of Front Street, .^00 feet Thesame rij^ht line is to he jircxluced to intersect with a point 70 feet east of eastern side of Yoni;e Street cm Ooiiic's whai'f. The length of this portion of tlie fi'ont, measured as ahovi', will he 2,.'}S0 foot more or less. H. From tlu^ point I'ast of Yonj.n> Street, the water line will nui dii't?ct tn a point in the prolone-ation of the eastern side of (ieor^c Stri'et, ').S0 feet from tli- northern line of Palace Street, the length of which line will he 1 ,0SO foei, mmv or less. 4. From the point aliove noted, a straight line is to he carri(>d parallel with Palace Street, and distant from its northern line, "iSO feet, as far as the easterly side of Parliament Street, jirodiiced. The distance is 2,o70 feet, more or less. ."i. The E.splanaile proper, may he said to terminate at the jioint last nnte(l but thence to the jieninsula, cro.ssing the Don River hy a frame bridge, the sanu- system of construction is to Im carrie(l otit : the ,'lit I'd, distant I't'L't east ot 2,880 foot iri'ct tci a I't from the feet,, more irallel with lie easterly ,' or less. last iKiteH, , the same- ■ from tho til the pen- ter line of follows : Qcn Brook jet. From nil)) giving r line. It (illiiig iiiiii putt iiicr where necessary, are to he continued to tlie level ])rpscrihpd. All the 1854 inttrveninjf space is to he hroujfht to the level of 15 feet 11 inches above the top of the rock used as water gua;^e at east end of Queen's Wharf. First EspianSde From Parliament Street to the Don, the water line of this section of Espla- Specifications, nade is to he about 40 feet fi'om the present margin of the bay. The system of constrnction to be adopted will be as follows: — CON'STRUCTIOX. On the water line of Esplanade as aliove detined. there is to he a breakwater constructed of timber eribhiiii,', tilled with stone. Within the enclosure thus fornieil all the water space is to be .solidly tilled up with earth to the level above named : and the earth ])ortion cut down to the same level : and where not occupied by buildings, the face of the bank is to In- .sloped upwardlj- towards Front Street, on an inclination of 2 foot ba.se to 1 foot rise. P^oUNHATinx. The breastwork enclosing the Esplanade from the Bay is to be of timlier cribwork, filled with stone, constriicted as follows: When called upon to do so, the contractor will dredge out snch ])arts of the Bay furming the foundation of the crib- work as the engineer may consider necessary — in order that the crib-work may at once obtain a fair foundation without risk of future Sf'ttl<'ment. The decision of the engineer in this case to be final. Crib- Work. Underneath the water, and to within one foot of its surface, the cribs are to be in lengths of 20 to 'Vi feet, as may best suit the contractor — in width from out to out, they art' to be 11 feet; tlu' front, rrar and ends, to be com- posed of courses of s(|uare timber 12 inches by 12 inchi'S. laid evenly, one upon till' other, (ach course to be framed together at the coiui'is with a simple dovetail joint, as .shown upon the plan. Framing. Each cril) to have a row of floor tinder of ten inch face, laid side by side to retain the stones deposited within from falling out : the bottom timbers to be placed on the second course of ci'ib-work : four of the fioor timbers in eacli crib to be let into the under course, to form a tie : cro.ss ties to bind the opposite sides, are to be jmt in each alternate course of timber, four in one and three in the other course, and .so on in as many courses as the heig-ht of the crib may require. These ties (to bt> not le.ss than 10 inches by 10 inches^ are into the side timbers in such manner that each one will .set hall the course below, and as much into that above it. SiTERSTRt'CTLRE. When thes'j underwater ci-ib-; havelieen sunk, filled with stones and .sufficient time allowed for them to settle down, (not h'.vs than eight weeks after they have been filled with stone), the sujierstructure is to be com- menced as follows : Instead of the ci'ibs being c.u'ried up separately, they are to show above water a continuous and unbroken facing of timber, the front atid rear to be of pieces about 80 or 83 feet long ( 12 inches by 12 inches), the first course being so laid as to have itsscaifs about midway of the foundati(ni crib-', and its under side frameil to fit upon the dovetailed ties of the upjier course of fotuidation cribs. The second course of superstructure is to be so arrangeil that its joints or scarfs will break with those below about 7 feet, and so on with the next courses. In the rear, the courses are to lie racked (! inches each towards the front so that the finishing width on top will be but H feet instead of 11 feet, as on base. The ties are to be framed in, on t.''esame .system as below water, half and half into each course, but to have no projection on front, and the ujiper or final course to be dovetailed its thickness into 38 Agreement Specifications 18.14 to have an exti'ii set of tips on toj), miilway of tliosc umli'rncath ; tin- <;ain.s tnr tliL' ilovt'tails to lu' six inclirs lU'cn, and the top of the tie to l>o tlusli with that uf 4th January, fVv« f;.,>l>-.i. First Esplanade the tun her. Shouhl tile contractois, prefer (h)iiig so, the ties may all he, what is termei], lockeil. into the liaek eonrse instead of dove-tailed, in wlneh ease they must have a projection heyond the rear line of the crib, of at least 12 inches. Thexaii.s. Trenails, 2 inches in diameter and 2 feet (i inches lono-, are to Le di'iven thron^h the coni'ses of timher at the followin<;' jioints : In the side tindiers of foun'lation cribs there aie to be two in each space - between ci'o.-s tics — each one distant from the tie nearest to it, or from the anj^de joint from I font ."> inches to 1 foot !) inches ; there are also to be three in eaeli course of end tin.beivs, two placed as above stat< d with reg.ird to the angle joints, and one in the middle. Jn the superstructui't , the same proportion of trenails to b> driven as in tln^ cribs below, and in the same relative positions in front and back courses. The trenails are to be of an octagonal form, measuring as nearly as possiblt^ 2 inches acro.ss between paralhd faces, the corners bt-ing left on s') as to ensurn their being driven hard in a 2-inch auger bore. They are to pa.ss clean through two courses, and 'i inches into the third one. and should not be 'ess than 2 fc^t (> incln s long — 8 inches of the upper end, being left the full size, that is aV)out 2 inches S(|uare, to act as a head — and on one siile they are to be slightly hollowed out, which side, in driving, should face length- waj's of the timber of the ciibs. The heads to be smoothly adzed off after the trenail has been driven home. Tfie holes for the trenails are to bo placed .so far to one side or the othc' of the po.sitions above assigned them, as will ensure those in each progressive course from interfering with or cutting those in the courses beneath. As the cribs are likely .somewhat to settle down, even after dredging, they must be fiamed so as to give rather more lieight than the actual sonmling may seem to require: the undcr-water cv'bs will probably average eight courses in height, the supe; 'meters always (c, be six courses. Pine and hendock timber will be preferred for all the work, but black ash, elm or oak, will be admitted as ties below water; the superstructure to be all of pine; all the timbin* used nuist be perfectly sound, fi't>e from shakos and wane, and of approved (juality generally-. The side and end timbers to be twelve inches square, unless where it may be necessary to have the height of the crib some fractional part of a foot more than the regular twelve inch course would l)ring it to, in which case thev may varv between ten and thirtee.i niches in thickness, to suit the reijuiivil height. The ties to be ten inches by ten inch(>s, and as before stated, framed long enough to admit of their having front and rear, the projections pointed out. The trenails are to be of young, thrifty, white oak, or rock elm, and care must be taken to select for them sound seasoneil timber, of the above descriptions. Cribs. The workmanship ot the crilis and superstructure must be executeil in a careful and perfect maimer. In tin; former tht; bods of all the ends and sidf timbers must be hewn, so as to give them full and even bearings one upon the other throughout ; the dovetail joints are up ^luigly be liewn s 39 as in tho , t may be • lore than ned lonj; , uut. ami care M'iptions, joints avo to tit clnscly and acoiiratcly : tlio sliouldcrs of the tit's to he In-on^ht 1 8J»4 nil '-nii'dv to tlic liack i»l' tlie timliers, and th( inidcr sides of tl>e dovetails must I , "" - i 1 f ii 11 1 -ii ^1 -1 *'*> January, be hewn so as to he pertectiN' i)in"allel with tlu' upper sides. First Esplanade .,.,., ' 1 ■ 1 1- 1 Agreement Tri smlsino' the enns, ^reat can' must he taken tn place them in true line, and Specifications to iirinjf each succeedin<,' crib close u]i to its neiohboriiiLj one' ; tlie exact liei^ht of each ciil) must be determined by the s()niidinreahouts below tlie low( st ascertained watiT mark. The front courses of tlie supeistrnctuie must be well and truly counteihcwn, and ;iey iire<,'ularities that may exist in the relative levels of tlie several erihs li(iie!uli, must lie so adjusted in layinjf the lirst and second courses of su]i"rstruc- tiiie, that all the followins:^ courses will present level and uniform beds, and tlie work must be carrieil ii]> perfictly plum and in true line, the ends of the ties lieini: ^iit off smooth with tlie face of the work. The scarfs to be adopted ate to be a ]ilain butting scarf, Riich scarf to have two trenails similar to those already described, to be so |i'nc('il as to not ap]>roach nearer than within 10 inches ot the end wood of the timbers. 'I'hc cribs are to lie compactly filled for aliout 10 feet in iici^ht to tlie top of the Inst coui'se of ties with loose stones: lar^e and small stones mixed are to be used, and the greatest care must be taken to ]iack the lillinj; as closely as possiVile, in order to ensure, as far as practicable, eiiuahle and iniiform settinsj throUL;hout. The foundation cribs are to be com])letely filled before the superstructure inn lie commenced. On the last course of cross timbers, f(iur joi.sts, by (i, are to be put down e(|uidistant from each otiier to receive the plank. Three-inch plank, eiij;ht feet lonir, is to be placed and spiked to the outside joist, being carried throut»h to the front ; a cajipinjf ])iece of \2 liy ti inches is to be placed on the front, resting upon tlie planks, and in the rear of the superstructure, a scantling, (i by 4 inches in clear, is tr) lie placed on the top of the plank and spiked to it ; a piece of waling, 12 by inches, will be bolted with inch screw bolts to the face timber, the bolts alternating U])and down, to cover end of plank. Kautiiwouk. The wdiole space enclosed, as above descrilied, and bounded liy the present margin of the bay, is to be formed into dry land by being tilled in with earth. As it is anticipated that, independently of the material in tlie cutting, additional fillintr will be reipiired, the contractor will have to obtain from other localities what may be nece.s.sary, and he will be held to supply, convey and place in ]i')sition, all the earth that may be necessary to fulfil the intention and design of this contract, viz,, that all the s])ace north of the cribwork, wdiere necessaiy, is to be filled in to the prescribed level. CiriTlxo. Therefore, in his tender, while giving in a wneral iiriee for the nlling, the couurtetor will state what sum per yard he will allow to the corpora- tion for the earth which has to be taken from the natural cutting — such sum to 1)0 deducted from the amount of his contiact. The earth tilling in to be brought to a height of one foot above the coj)in.g of the breastwork, to allow tor settling and consolidation of the work, and the work is not to lie accepted from the contractors for six months after the tilling has been completed previous to which t'lue, at least four montl s having been allowed for the material to settle, the surface shnll have been graded to a true level, and an even and workmanlike finish given to it. 40 1 H54 4th January. First Esplanade Agreement Specifications Si.oi'Ks WliiTc stnrts arc to turn down to the lower fsplanadc level, tli.y are t ) lie ;,fra(le(l (JO ffct wi-"«t'Mcted continuously unbrok(>n in the front line of tlic Espiana'l" ac o ^ the seveiai wliarves, and th(^ cau.se as little inconveniencf rr p.> The woi-k is to be carried on under by the corporation; and before payment can be claimed, everything must have been done to his satisfaction and in strict accordance with the specification. A reserve of (50 feet will be laid out for a road in the position as may be determined hereifter, such road to be paved and gravelled to a depth of one foot for a width of *30 feet. Detailed orders for the further guidance of the contractor will be given from time to time as tlie work progresses, either by the engineer in charge, or person acting for him, and such orders or instructions are to be strictly carried out. DuAlN'.AGK. The (juestion of sewerage (taken in connection with the drains and watercourses discharging into the Ray within the limits of the waterfront of the Es[)lanade), will be considered and provided for independently of the work described by this specification, and special arrangements will be made so that the contractor be in no way impeded. work will be conducted to e to the ti'adt* of the various localities. the supervision of the engineer appointed Bridges. Five bridges will be constructed across the portion of the Esplamde allotted as a railway reserve at the foot of such streets as the engineer in charge of the work may point out. Any difference in level which may arise in ascending from the northern streets to the roadway of the bridges will \>v gi-aded up by the contractor, and such ascents will be formed in a workmanlike maimer the full width of the street. The bridges are to have a clear space of 100 feet between the abutments, 24 feet width of roadway, independent of the footpaths, which are each to be 5 feet wide, and shall leave a height of 15 feet 6 inches, measurinir from the sotfit of the tru.ss or girder to the top of tht; railway track. The foundations .shall be excavated to the rock, or such other hard natural foundation as may be considered suitable, and, if neces.sary, timbers to form a platform for Imilding upon will lie laid down. |i 41 Tlio masonry is to V)c of rubMe stone work, lai.l in mortar, well hounded thiMiif^hout and "grouted. It sliall hi- carried np in this mannor to the levt'l of thf sm-face of the Esplanade, and then n.'atly levelled oH" to receive the cut st.)i"> plintli on wliich the brick work of the abutments i.s to rest. The abutments are to be of the best burne-ions to sustain the su])erstructure. The soffit of the bridge not to be lower than the level of the Esplanade. The bridge itself to have a roadway not less than 22 feet, and two foot walks, each of feet. The whole to be properly painted, and to be a thoroughly com- plete job, agreealile to plans liereafter to bo determined. 1854 ,,, 4th January. '^- First Esplanade Agreement Speci&catione- 4:^ IS Vicf. r. 17- ]il iHr>r> 19th May. 18 V c 175 Preamblp. AKreHinfnt of the cnmpatiy and the ccirpora tion (if Toronto reciteii. Breach by the aftid corporation. Company em- powered to alter the locati <>n of their line and acquire the necessary pn/ petty, ftc. An Act to fintlinri/(> tlie flmn of the (irand Trunk P»ail\vay Company of Canada, over, upon, acro>^ and alon;,^ the esplanade, to tie consti'iicteil hy the said city alonjj^ the fi'ont thereof, three railway tracks, occu])j'ino; a space of forty feet in width of tlie saiil esplanade, at and for the price or sum of tun thousand jiounds of lawful money of this Province; and wheit-as thi' said compiiny, after and in pursuance of tht» said aoreenient, did tliereupon locate their lino aceordin"' to law, in such mode and direction as to enalile them to make the connection between the eastei'u section of theii' railway lyin*; to the east of the said city, and tlie western section thereof lyinif to the west of the said city, over, upon, across and alony the said esplanade, and whereas the said company, in consequence of the said covenant so made and entered into on the ))art of the saiil city, have proceeded with the execution of their woiks hoth cast and west of the said esplanade, and have nearly completed the same at a very laro'e outlay ; and \\hereas the works of the said railway between Stratfoi'd and 'J'caonto, are in such ;ni advanceil state towanJs eompli'ti.'» iuid also to pass throuirli, acioss, ovci' upon and alon'f sncli sti'fi't. or sti'fcts, of till- said city of Toi'onto, oi' i>arts thtTcdt", and la\' down tln' iiccfssaiA' tracks and . „" ' • ' 18 V C 175 siilinj^ within the limits of ihc said city and its lihcrtirs as may 1»' iicccssafy for till' inMposfs aforesaid; Pi'oxided, neveitheless, that if thesiiil city of Toronto P' "*''*"• sliall, within two years, |)roceed with and coniidete the said esplanade in sucli if th.- corpora manner as to afton'l the said CJrand Trunk R.ailwax- of Canada tlie riy'ht of wav tjii. cnir.pietp It ii ,1 • 1 •■! 1 11 1 1 ' 1 the Hoplaiiade i,. v, upon, across ami al(aie' tile same, the said railway company shall lie ooumi and all^w the Mil I ol>Ii;,fed to carry and construct their saiil railway oxer, upon, across and aloiifj company thn tile sai 1 esplanade wdu'ii so completed, on lieintf leipiirej soto do by tlw s;iid city "^ " "''*■ of Toronto, and on payment by the said city of all expi'iuliture and damajjcs iiic iried l)y the said r;iilw;iy coiii])any, in the construction of tlie necessary works til complete the comiectioii of their said sei'tions of their railway e.ist and west of tlie said city by such routes as the said Grand Trunk Railway Company of Caii- fiilii mav select under the authoiit\- of this Act ; And provided also, that if tji,. Pf"^""- oi.rpora'tion of tlie said city and tin'' C;rand Tniiik Railway Comi.any of Canada J!,';"mi;;',"er7to rauiiot a^rco ujion the location of tin s.-iid line of r.iilway, as autiiorized by tliis decide certain Act, thrnuyh anv slieet, or streets, of the siiid citN", or thi' coMiiieiisatioii tiierefor, "'""'l" '^ '^^.u^ . . 1 1 ' 1 1 1- •] • • 111 • !• • cnmiiany .ind tno il any, then the hoard ot railway commissioners sliail, upon receipt ot written cnriioratinn notice tliereof from either the said comp.any or the said city, have full power and 'I'l^^gree. authority to decide upon the said location, mid to determine the .iniouiit of remuneration, if any, to be paid to the said corporation by the said coiiniauy, and Kuch decision sli;ill be tiii;il ;iiid bindine' upon both jiarties. 2 And be it enacted, that it shall and ma\- lie lawful for the said companv Company may . , , , • 1 ,1 • 'i • !• ri, , !• 1 contract to make to make any contract or contrac-ts with the said city or lr arbitration with any water lot owner or lessee, and the said com- tractors may "^go paiiy shall also liave powei* and authority to make such arrangement or proceed to arbitration to such arbitration, if they shall deem it advisable to do so, and any such arbi- ^»ter°loti"' °' tratiou a^ herein mentioned shall be in accordance with the jirovisions made for arbitrations, under the jirovisions of the Acts itdating to the said company. 3. This Act shall be a public Act. Public Act. 44 1 S.">(} 2l8t January, Agreement lor c )n8tructioa of orty foot Rail way track AriRKKMEN'T HKTWKEN TFIK CITY OF TORONTO AND THE ORANI) THINK RAILWAY CO.MI'ANY, DATED 21.sr JANUARY, 1856, PRO VII)IN(! K(»R THE ( 'ONSTRICTION OK A RAILWAY KIUHT oK WAY FORTY FEET WIDE BELOW THE BANK. THIS a^frf'ciiiciit, iiwulf tlic 21st (lav of .Tamirtry, in tli«^ year of our Lord, 1S')(!, Iictwrcn till- Mayor, Al'liriin'ii and (Joiiiiiioii:ilty of the City of Toronto, of till' first part, and tln' (irand 'J'rnnl\ Railway Company of Canaila, of the second l)art. WHEREAS, hy certain articles of a^'recmont, bearintf date the 4tli day of January, in the year of our Lord one thousand eij,dit hundred and fifty-four, the party hereto of the first part contracted with Casiniir S. (i/.owski, D. L. Maepher- son, L. H. Holton, and A. T. ihih, for the construction of an Esplanade alonj^ the front of the C'ity (if Ti)ronto, upon the terms and conditions in thi >airfoi'med jiiirt of the work therein contracted to he performed, and have ceitain claims and demancond part have ajfreed to assume the ,settlement of all claims and demands by the said Casimir S. Gzowski, D. L. MacplK'rson, L. H. Holton, and Alexander T. (Jalt, against the ,said party hereto of tlie first part, and to relieve and iiulemnify the said party hereto of the first part from all the said claims and demands: AND whereas, umler the provisions of an Act of the Lt>^dslature of this Pro- vince, entitled "An Act to authorize the (ii'and Trunk Railway Company of Canada to change the location of their line in anon made lii'tween the said C. S. (Jzowski and his said partners ami the party of the tirst piirt. Third. — The party of the tirst part at;roe to pay the amount of any award which may lie made hy the said arliitrators, or a majority of them, hy virtue of till' ahove reference, in favor of the party of the second ptirt, for and on account of the claims of the said (Jzowski and partners aj^ainst the said city, hereinhefore ji^n-t't'd to he assumed and settled hy tin' said Jiurty of the second ))art, in dehen- tures of the party of the first j)art, piiyahle in twetity years, witli interest thereon lit the rate of six j)er cent, per annum, payahle semi-amuially, the said dehentures Mild interest to he paid in steiliuLj money, in the City of fiondon, ICn^dand, at such liankiii'^-house as the party of the second pait may name, the said sterliii|; money to he at tlie rate of 2-is. 4d. currency for each pound sterlin^f, or in cash, at the option of the party of the first part. Provided always, that if the party (jf the fust part eli'ct to pay tie- amount of such award in deheiitiiies, payahle as afore- said, then the rate of jireiiiium or discount at which the .•~aid party of the second part shall hi' hound to receive the .same shall he ti.xed hy T. U. Ridout, Esi|., cashier i)f tli(> Hank of l^pjier ( 'aiiaihi, and the pai'ties hereto imitually agree to pay and receive the amount of such award in the delientures, at such rate as the .said T. (J. Kiiloiit shall so fix. Ihit if the said party of the tirst part elect to pay the amount of sucli award in cash, then the said party of the first part shall he allowed a credit of twelve months from the date of such award to pay the same, the amount so avvai'ded to hear interest, at the rate of six per cent, from the (hite of such award. Thcsaifl party of the first part also agree that they \\ill make tlu; dehentures so to h(^ issuei], payahle in such sums as tin; party of the second part may ri'(|ui'e. Provided, that they shall not he re(|uired to issue dehentures for a smaller sum than .tlOO each. It is a'so agreed, that the said party of the first pait shall •Irclai'c their option, and delivei' the dehentures on ceititicate hereinafter men tioneil to the party of the .second part, within one calendar month fioUi the making of the said awaril : and that if the party of thr fii-st part do not within the said teini of one calendar month elect to pay the said award in dehentures, and notify such their election to the j)arties of tin; second part, within the said term of one calendar month, then it is understood and agreed hctween the parties, that the paity of the hrst part .shall he held ami taken to have elected to )iay in cash, in manner and on the terms hefore mentioned. Fourth. — The party of the second part covenant as aforesaid forthwith to proceed with the construction of a railway track or way forty feet in width, with all necessary slopes in cutting-; in the jiroportion of one-and-a half horizontal to one perpendicular, along the front of the City of Toronto, on the line and in the diri^ction marked, on the plan hereto attached, and which shall he taken to he part of the contract. Fifth. — The party of the tirst jiart covenant as aforesaid, that in consider- ation of tli(> sum of £10,000 of lawful money of Canada, to he jiaid to the jiarty of the first ]iart they shall and will guarantee the exclusive right of way for the a\i' liiiriiil vvs tlif |ifirly nl' tlif sccunil part tlii'ir suci'i'.ssipj's, of, t'rniii, fiml ii;;iiiiist all cl.iiiiis mnl ili'inniiils wliatsoovcr, «. Iiy till ]iiTS(Pti iir |i('i'siiiis wliciiiisocv (T, i'ny or liy rcaxoii of tin- (•oii>tniction ol' tiitj snicj lurtv t'ri't tract, aii>l tlic sai^ sIojm's, ami shall ami will pay ami cliscliaryc all claiiiis i'or land, ilaiiia;;cs, and all co.sts and cxpciisi-s of any arliitraint'iit or otlnT lri,'al procct'din;;s wliicli may lie iifct'ssaiy, oi' may In- inciirri'd in constMnit'iici' n|' tin- construction 111' the said ti'act of forty feet and slopes. It hein;,' expressly declared and aj;i 1 hetweeii the parties hereto, that the jiarty of the second part ,,liall not for or liy reason of tlu' ciaistructioii of the said railway truck or slope, l,e siiiijecteil to till- jiaymeiit of a larecr siiiii tliaii tlD.OOO, foi- any canst' wliatso- eVer. Sixth. — l'ro\ ided always that, the .said party of the secr)nt part. I nividrd always, tlic sanl |iarly n\ tlio first AKrecment lor ],.iit sliall. within imc nwmtii tVimi tiic ilatc dl' tiii.s a^iVtM'uwMit, chvlaiv' lh('ir ()|)ti()n fon^'Voot Rhi'i' a- ID wlii'tlii'i' they will pay in clclicntMrcs nr in cash, ami that no altci'at inn shall w»y track iit'tiTw ai'ils he niaili' in the nnxlf nt |iayiMrnt. Twclt'tli. - It' the party III' tlir Inst jiart rlcct In pay I'm' the saiil wnrU, iiiiitcrials anij ntlicr clanns, in ili'liciitnris, jiayahlc ,is al'iiiTsaiil, then the iMtc of piiiiiium III' iliscmint at which thf party nl" tlir sccnnil part shall lie lioiMul to r.i'cJM' the same shall lie li.\ii| ly Tlcaiias ( I. I{ii|nnt. Ivsi|., ( 'asliirr nf the Mank nf rpprr < 'anmla, nni| the parties herein nnitually a^ree tn ileliM'r ami recei\etli»» siii.l ilehentures at siicli rale as the saiil T. ( 1. Iliihait shall mi ti\. I'lUt il' the said jMiiyiil' the lirsl part elect tn pay in cash then the saiil party nl' the first jiart »|iall lie MlliiUed a credit nl' twehe ninlllhs i'riini till' date of such niniithly certifi- cate, tn pay siicli cert ilicatc, the said ainniint tn hear interest tit the rate nf six per c.'iit. The .said party nf the first part alsn a^'rce that ilny will make thedehen- tnres so to he issued for the said wnrk payaMc in sticli sinns as the party of the srcniid part may reipiire. I'l-ns ided that they shall not he reiniired to issue any dilieiitni'e fur a s||i;iller snni ihan I'lOO. Thirteenth. - The party nf tiie first part hn I hci' covenant, as afnre.said, that tliey sliall and will furnish tn the ])arty of fl .-ecoud part, such eai'th as the party of the secmid part may rec|uire for thi i nnstrucli mi of the said track of flirty feet and slopes as afca'csaid, and whii li it may he in the power of tliu party of the first part to e;rant, at and I'nr the price of threepence for each cuMc yai'ii, and tlie party of the seciuid part covenant as aforesaid, tliat they will well and truly pay to tliepai'ty of the first part tlie price of threepence ])er cuhic yard for each yard of earth so furnished, or shall and will allow the .samo as a payment nil acpianit nf the work done under this contract. Fourteenth. — Tlie party of the second part further cnveiKUit as af(a'osaid, that they shall and will well and truly pay to the said paity of the first ])art the snidstMuof ClO.OOn, upon the said jiarty of the first pai't as.surin;,' to the said pai-ty of the second ])art and their jissi^iis tlie exclusive rje-ht of way over, upon and nloni; the .said railway track of 4() feet Fifteenth. — The Jiarty of the second part further covenant as aforesaid, that tliev 'vill liy all means in their power a.ssist the Jtarty of the first part in ohtain- in;,' a Patent from the Crown of all lands and land covered with water, which the paity nf the first ])art now hold or claim or claimed title to, inider the license of iiccupiti(.)n 1,'ranted to the party of the tiist part, on the 2!lth day of .March, \H'ui, so sunn as these presents are executed. Sixteenth. — It is also aj^reed between the parties hereto, that as well the party of the first fiart and their assiijns, as also all owners of lands oi- land covered with water imniedi.-itely tn the snutli nf and almttin;; upnii the southerly side of the said I'nrty feet track, nr entitled tn tlie slope iiumeiliately tn the north nf tlio said track west nf liay Strei-t in tlie ^aid (."ity nf Tmonlo, and their assiei),s shall lia\ (■ the liii'ht to huild ovei' the said track provided thai all erections he done u]ii)ii and according' to such plan as shall he approNcd of liy the i'mardof Hallway ( 'iinimissinners. And pinxiiled alsn that -^iicli erectimis <](> tint interfere with tlu^ lii^liteiiiii^', \eiitil;il iiie- ami nther, the full ami free u>.e nf tilt,' track hy the said ]i;iity nf the .secnml part. SeNcnteenth. — And whereas, dnulits have lieeii entei'taim^l as to the lialiility "i I he |iarty nf the secnml part, to make ami elect hridu-es and cro.ssingsover and 48 185G way track. iipoii tlu' siiid tracks, lor nu>\ \>y reason of tin* occupyiiiff and using tiie same Ky tlu' party ul' the sfcond part us a Railroad Track. It is iicndix expressly declar-.j A^°me'n"or' iH"! a^nrcd, that th." party of the Hrst part shall not r.-(Hiire the said pry of tl,.' conatruction of second nart, to liviild, tiiid or procure anv Hridcond part of, fi'om and against all claims a kI may he necessjirv in con- tracting for, or consti'ucting th' K.splanade along the front of the (. ity of 'J'oronto. under the second section of the Act passe and docnnn nts made hy {". S. (i/iiwski \' ( 'ip., or the p.irty nf the ^I'l'iiiid ]i.irt shall heprnduced lie fore and snhmiiri'd to the .-irlati'atois. wlm ni.iy aet in any of the ;il>ii\e n'.atti'rs, and th" same vli.ill li' (ijicn to ;ind m.iy I'c ii^ed ;ind nd'eried to \>y the parties hereto, f.^r the ]ii;i-poses of sueh ;n hitr.it ion It is also agri'ed tlnit if the s:ud Alexander Mt jiait >hall deem '; exi)edient tn ajiiily li the Legislature for any purpose whatever ,-'innecled wiih the construction of the Kailwav 'i'rack or of the Lsidan.ide, i.r the "eneral eaiih 49 le same Kv y f t-i iiiailc hy lii'fori' aiiil rs, ami th- lii'ri'to, t'nr Ali'\-aiiil"r the p.aity lio plaoo it Vr .-hall lie shall liaM C. Ke.>f..r ani'i any lado a rtilf 1 85 Til K (JltAND TurNK II.MI- WAV CoMl'AXY DATKI) .SOtII AlfilST, |.S.'t ])ari, and certain parties doini^ husiness toirelher tnidei' the lirni of '(', S. (izowski ijv- Co.," for tile construction of an |-!splanade in front of tiie City of 'I'oroiito, accord- inf to a certain plan or specification to the said contract ainie\ud, and that tli>' said jiarlies heri'to of the; first part, had declared said contract at an end, it was a;,n'eed aiuone- other thine-s that the claims of the said C. S. (i/.owski vV (Jo. sho\dil Im> treatecl as claims hy and on liehalf of the said parties liercto of tlie second imi't, and should lie referred to arhitration as in the said a^n'eeuient is mentioned and set forth. AND vhereas the arhitrntors therein nientioneil made their award of and oonccrnine- the matti'rs thei'ehy lefei'i'ed to them, which awai'd is to he and remain in full force and \irtue, notwithstanding the e.Necution of these presents AND whereas in a certain olh(>r jiortion of the said au'rcement, it was pro- vided tliat the said parties hereto of the second part should construct a railway track or way foity feet in width alone- the front of the said City of 'I'oronto, according;' to a ])lan and specitication thereto aniU'Xed, and upon certain t ruis therein set forth, and that the said parties hereto of the lirst part for the con- sideration then in mentioned sliould <,niarantee to the said jiarties of the Hccond part the exclusive ri^ht of way for the said forty feel track according to the line upon the said last nientioneil plan laid down. AND wliereas since tlie execution of the said last mentioned ajjfreement, it has been discovered tliat an error was made in locatiiig the said Railway Track of forty feet and that the said partie.s of tlie Hrst part iiiid not tlie power to authorize any sucli location of the said forty fi'ct track, and it has heen aj,n'eed between them to cancel the said agreement of the twenty-first of danuary, one thousand eijfht hundred and tifty-si.\, .so far as relates to the construction of the said forty feet track and the e;uarantee of the riylit of way tliereoii, and to sub- stitute these presents therefor. Now this indenture witiiesseth that the --aid |iarties of the second part do hereby for themseh es and their successors, covenant, promise and a^ree to and with the said parties of the first part , their successor> and assigns, in inainier fol- lowing:', that is to >ay • — First. That for and in consideration of the sum of se\enly thousand |ioundH of law ful money uf l 'an.ida to be paid to them as hereinafter --ei birth. the\- the said p.irtiesiif the second part ■'ball ;nid will bu-i liw ilh eummence and pr ed witli the construction of the Ksjil.-inade in I'roiit of the ('iiy of Toronto upon the line iiri;.:inally desieiinl and laid dow n upon certain letters patent of e;ranl to the said t 'ity of 'i"o;onlo of the Water Lots in front iheieof. bitwi'iii l'«erkele\' Street and Simcoe Street in the s.iid ' 'ity of Toronto, bearinij date the '2\s{ dav of .baiiu- ary. in the y.ar of our Lurd mie thniis.'ind ei<,dit liundred and fort v, and which line is marked out and designated in the ]ihiii heiiunto annexed, which jiliin is to iiloresaid default O ill.' perbl lirreinbel flirir siici 51 nt, it "ruck wcr to V, nnp " f the sul)- b. tiikt'ii ;i> j);irt nt' tills c Hit I'acl , Mini Inini Sinicn.' Stiiit ti> lliuck Str.'i't on tin' I HiKi liii.' laiil ijnwii ill tlif s.inl plan lifirto aiiutxcil aii'l act'(>i-i icfi Ilea t ion 1 1 .1 I r I- .1 .■ . . 1 n • 30thAugu8t. li.ii'tn alsd aiuirxi'il, >i) sdiiii as till' saiil |iartics dl tin' tiist jiart sliall ■^\y(' \ nssrs- second Esplan- siMii (if llir laii'l lie rssai-y fo" t Ih' const iilct i(iii tii.'iVMl' t,. til.- sai(| |iailirs of tli.' *''^ ^^^reement. s.cniiil part, all 1 aUu sliall (aii'l will) L;i'a' \-i:ir of our Lord oni' thousand I'i^lit liundnd and tifty-si-vcn. Si'<'uiid. — Thai ill till' const riK'tioii i>\' tin' said Ivsphiiindi' and ntirr works liii('inl)t'foi'c niciitioiH'd. liicy, the said partirs of thf si/coinl part, sliall and will timl and pro\ idr all niati'i-ials iirci'ssarv for the (•on>ti'uction tlnTcof, and that all such materials shall In' of the lust kind of thiir various sorts, and that tlic whole of the work- hei'ehy contracted for shall he coniiileiely finished within the time ahove limit' d in a ;,;ooil. workmanlike and suhstantial inaiiiier. to the entire satis- faction of . he Chief hin^iiieer of the said parties of the first part for the t ime hein--. Tin.' I — That duriiie- the coiistriK'lion of the said wnrivs they, the said |iarties fif the second part, shall not nor will unnecessarily oh>tnict or interfere with or .-utler or permit to lie nlistructed or interfered with, the ap]iroacln s fruiii the said City of Toronto to the wharxes and piers in frniit tl.ereuf. and shall and will maintain and keep win n iei|uired such temporary approaches thereto jts tlic said Cliief Kn;:,i'.ieer may deem ni|uisite fur juihlic safety, with at least two liehts litiriiine- at iii;;]it to each approach, and shall and will until the said four Sewers are completed and tit for use make proper jirovision fm- the escape of staeiiant water ami the seweraec y them under tliis ajfreemeiit to the southern limit of Front street as laid out on tin- said plan, finish the same with a slope of one foot and a half lioi'i/.ontal to one font perpendicular. Fil'tl). — That all the work done and jterfornied hy the saiiini n| mi'' thousand p' lUnds law fill iiiniiey iif ('anada for each and e\ ■ i y caleinLir month wliieh ^h.-ill 1»- takiii up in llnish- i!i^ .ir cMiiipl.tiii;^' the -aid Fsjihiii ide and nthir Wtnk- accirdiiiu' t" the sijd plan I ■^peeilicatiiiii after the -^aid first day nf ])• cemlMr. in the yi ,ir i.f ..ur Lmd one III ■ii-aiid eiuht hinidnd and tifty-eMii. siidi I'm fi-itur-- fn hr ntiiiiid and d. ■Ilicted nllt ><\' -II lllllell >>\' the -aid -lllll 'A' siVilltV thnU-aild pnUlld- as I'm- the time lieiiiy; shall remain mipiid. r)2 1850 SOtta August. Second Esplan- ade Agreement Sixtli. — That they tin' siid partifs of tlic sccoiul part, sliall and will woll ami titilv pay IT cause tn hi- paid to the siid parties of the first part, the siini of ten thoiisiuid pounds of lawful money .(foresaid for a I'ie-ht of way of forty fi'ot in width over, upon, ami aloii^ the southern or front lini' of the said Esplanade iw laid down on the -iiid jilivn, and which said track shall he used exclusively for railway purposes, and which said sum shall he paid to the said parties of tlic lirsf pjirt upon the com])letion of the said Ksplanade accordine- to the terms of this contract and the e;naranty of the said liijlit of way to tlie said parlies of the second part. Provided always, that liefore the said woi'k or any part thereof shall he commenced or proceeded witli, a .schedule of prices hy which the monthly estimates hereinat'tei' mentioned shall he jjoverneil shall he aijreed upon hetween the Enifineeis of the parties hereto of the first and second parts, which said .schedule shall he hased ujxai the (|Uantities of woi-k to he performed, and th>» saiil |>rice oi- sum of seventy tliou.sand pounds, it heing exijressl^' agreed and understood that such schedule and estimates theri'on haseil are only for the pur pose of euidiiijr the Kuifineei' in formine' the monthly estimates, and are not to ht> lield or taken ni any respect to alt r or vary the contract. Sevetith. — Ami the said partie.s of the first part do herehy covenant, promi.sp and agree to and with the .said parties of the second pirt, that they the said par- ties of the Hrst part shall and will upon the execution of these presents f(jrthwith gi\i' possession of th(^ laml upon which the said Esplanade is to lii' built, accord- ing to the said plan, to the said partie.s of the Seconal jiart, and upon payment of the .said sum of ten thou.sand pounds as aforesaid, they the said parties of the first part shall and will guaranty to the saiil parties of the second pi.rt the exclu 8ive right of way to the same width from Brock Street westward over, upon and across the Station ground of the Ontario, Simcoe ajid Huron Railroad Union Company to the Queen's Wharf on the line laid down on the plan hereto annexed, free of charge to the saiart shall and will well and truly pay or cause to be paid to the .said parties of the secon said Es])lanade and other works hereinlie fore mentioned, the sum of seventy thousand pounds of lawful monej' aforesaid in the manner hereinafter set forth. Ninth. — That at the end of each and every month the Engineer of the said parties of the first piirt shall prepare ami furnish to the parties of the second part, a certificate under his hand of the amount of woik done and materials pro- vided for the work hereby contracted to lie jiei't'ornied, which said certificate based upon .and regul.ated by the prices in the said schedule agreed upon as afore- said shall entitle the saitl parties of the second part to ask and dem.and from the Chandierlain of the- said City of Toronto, or the jjioper officer for the time being, an acknowledgment under the corporate seal of the said parties (of the first part), that ninety percent, of the amount of such certificate is due and payable 5S hy the .sai(> iiitcrest after tlu' rate of six per cent, per aununi, one year from the date of sueli 111. ' < J 30th August jii'KUOwledgiuent. Second E«plan- Tenth. — And that tiie said jiarties of the first i)art .sliall and will paj' to the said parties of the second part the remaining ten per cent., the l)alance of such monthly certificates, with interest from tlie respective dates thereof, at tlie expiration of one year after the whole work herehy contracted to be performed RJiiiU be completed and accepted by the said parties of the first part. Eleventh. — And further, that in case of the death or absence of the Engi- neer of the parties of the first part, or there being a vacancy in the said office, or from any other cau.se whatsoever arising from the act of the said partif ; of the first part or their Engineer, the said parties of the second part shall be oelaj'ed or prevented from receiving the said monthly certificate for the spoce of ten days after the same shall be ilne, it shall and may be lawful for the Engineer of the sdid parties of che second part in charge of the works hereby contracted to be performed, to prepare and furnish an estimate of the work done and materials provided based upon the .schetlule hereinbefore mentioned, which said estimate inider the circum-stances hereinbefore set forth shall entitle the said parties of the second part to ask, demand, and receive ♦'rom the .said Chamberlain or proper officer, the acknowledgment hereinbefore specified as if such certificate had been gi anted liy the proper oflicer of the .said parties of the first part. Twelfth. — And in ease the said f'hinnberlain or the proper officer as afore* siiid shall neglect or refuse for the space of ten days after the same has been liemanded to deliver to the said parties of the second part or their agent in that lielialf the said acknowledgment for ninety ]ier cent, of the said monthly certifi- cates whether such certificates l)e made by tlu' said Engineer of the said parties nf the first j)art or by the Engineer of the said parties of the second part as here- inbefore provided, it shall and may l)e lawful for the said parties of the second part to ask, deman Street produced at a point ()0() feet distant from the north side ot riont Street, a line is to lie run eastwardly parallel t(j Front Street, till it strikes the west line of Bay Street produced. Second. — Commencing on the west line of Berkeley Street produced at is point ()20 feet from north side of Palace Stn^et, a line is to lie run westvvardly parallel to i'alace Street, till it strikes the west line of West Market Street pro- duced. Third. — Fiom the intersection of Esplanade line No. 1 with the w >st aide of Buy Stre(>t and of line Xo. '2 with east side West Market Street, line No. 3 is to be drawn. These three lines form the front l.ne of Esplanade, as laid corners hy a simple dovetail joint as shewn on tlie plan. Cross ties hindine- each opjiosite c f.ices of the crihs. These ties (to healioiit 10x10) are to he dovetailed into the side t induMs in such manner that each one will set half its thicknt'ss into the coui'se helow and n- much iiit thatahoveit, and they are to he so sp.-u'ed as that those in alternate cdur-i s shah come directly ovei- one another. When the under water crihs have heen sin d\. filled with stone, and some time allmved for them to .settle down, the superstructure is to he carrii'd up as hillovvs; Insieiul of the crihwork heinj,' in short detached leneths as heiow water, it is to ^hovv a continuous and unhroken facinj,' of timher : tiie front and rear pieces should he in leuLi'ths of from HO to 'VA feet ( 12x12) the tir-.t couise on front heini,' so lad as to have its scaifs ahout midwav of the foundation crihs, and its under- side framcfl to tit u]ion the dovetailed ties of tiicir upper courses (N'ide jilan "A.") The width of the supersti'ucttire is to he hut nine (!•) feet, the point courses iire to hiriu a plundi face witli tiie foundation crihs, hut tiie rear ones aie to he set in upon them a distance ei|ual to the ditlerence between tlu' width of the foundation (which ma}- he variahle) and tlie H.xed widtii of the sujierstructure. i']ach course of tlie superstruction should be so arrani:;e(i tliat the scinfs or joints should break with or overlap tliose in the course helow at least six feet. The ties of the superstructure are to be framed in on the same .system as those helow water half and half into each course, hut must be cut otl' flush with the (face on) front. The last course is only to consist of tiie front tiinbei, the hack timber and ties beinjf left out. This copin^f course is to be firmly pinned or spiked to the Courses below, and is intended to retain a eoatiiii; of coarse ijiavel or .^niall stone, wliich is to foiiu the tiiiish of the ciihvvork. Trenails two inches in diameter and two feet six indies lony are to be driven throuyh tiie courses of timber at tiie followiiii^ ])oints : — In the side tinilicrs of foundation cribs there are to be two in each space hi'twei'ii the cross ties each op • distant from the nearest tie or from the an<;le joint, (from) fifteen indies to twenty-one indies. Tiiere are also to be tliree in each course of end tinihei's, two |)iaced as above stated with reeai-il to the angle joints, and one in the noddle. In the superstructure the same pro|xjrtion of trenails to be used as in cribs I'elow, and in the same relative positions in front and back courses. The trenails are to i)e at leas' two and a lialf feet long so as to pass clear tlirougli two c(an'ses and a few inches into the third one, and the holes for them should he bored so far to one side or the other of the positions iibove assigned 66 1850 30tb August Second Esplan- ade AiKTeement Specifications tlicm (IS will eiisiuv those in eacli pro<,'rossive courne from interfering' with or cutting tlioso in tlio courses honontii. Pine and lienilock tiniher will l)e nrefei'reil for all the work, hnt black a^h, clni or oak will l>e admitted as ties holow the water. The superstructure must l)e all of white Jiine, and the tind)er used throu<,diout of whatever denominatimi must he jierfectly sound and of approved (juality. The side and end timbers should avera«fe about twelve (12) inches square hut may vary between 10 and 13 to suit soundinifs. The ties j,a'nerally should be about 10 x 10. The trenails arc to be of young, thrifty white oak or black elm, and sound seasoned timlier. The workmanship of the cribs and superstructure must be well and carefully executed. In the former the beds of the side and end timbers nniat be hewn so as to give them full and even liearings one upon the other throughout. The dovetails are to (it closely and accurately. The shoulders of the ties to be iirought up snugly to the back of the timbers antl the underside of the dovetails themselves must be smoothed off so as to \tf>, jiarallel with their upper sides. The front courses of the superstructure must be well and truly count-.r-hewn and any irregularities that may exist in the relative levels of the cribs beneath nnist be so adjusted in laying the first and second cours"s of the supe.rst'ucture that all the following courses will present level, uniform beds. The face is U) be carried up jtlunili ami in true line, the ends of the ties being ilressed off smooth with the face of the we thrown in loosely. An intermixture of small stoi\e with the large will be preferred as likely to insure greater solidity. The tilling of the superstructure should be done with some attention to packing, ami all proper means taken to render it as close aniii}:C from that cause for twelve months after the coinplotion of the work. Till' rear line of the enibankiiient oil tup is a.s before stater) to he 100 feet from se??^nd*E^ln- tlir face of the crihwork, and the hack slope to he of whatever anyle the material gpg^^JJtiona* will naturally take. Ah the rear of the enihankiiient will he entirely unprotected from the aetion of thi' water, the contractors will not he held liable for any slides that may take place nfii r the earth work has once been Hnished to its proper width and slope, and tlie whole work delivered over to the Corporation. STREETS.— From Brock Street to Berkeley Street inclusive there are to he sixteen streets graded so as to connect the Esplanade with the natural shore of the Bay. Brock Street, Peter Street and John Street will have to be ^railed to the form of inclined planes of no i,neater degree of inclination than one foot rise in sixteen and a half feet horizontal. All the other streets '"ill be formed bj- level embankments of corresponding height to the Esplanade, !..id extending from its rear line to junction with the several streets as they now .slope down to the water. The width of the street planes and enibankment.s is to be .sixty-six- feet, with side slopes of one and a half horizontal to one foot perpemlicular. As in the case of the Esplanade embankment, the contractor is not to be held liable for the sliding of the earth under the action of the water once the streets have been properly grailed. The contractors are to have tin- right of using for the embankments free of charge all the spare material now remaining on the city water lots. By spare material is meant whatever there may bf left after reserving enough to complete the tilling of the city lots between Brock Street and the I'arliament Buildings, Front Street being calculated for 100 feet in width with a slope along the face of the bank of one and a half to one. The contractors will be expected to excavate all the material they can so to obtain to a toleralily even line, Imt will not be reijuired to make the slope. SEWERS. — Four sewers are to be constructeil across the Esplanade, .so as to discharge throuuh the crihwork into the Bav, the mode of construetion of these P. •). '1 feet, and ley are to their tlow died and laid in cement sewers to be as represented on the plan attached (marked have an area planade to a point in the centre of the street on a line with the extreme rear of the City Hall Buildings. And number four sewer may bo at any other of the streets between Brock and Nelson Streets that the city authorities may choose to direct, ami is not to extend further north from the front of Esplanade than to within 180 feet of Centre of Front Street (Front Streets as referred to in connection with the sewers is assume 1 as 100 feet wide. 68 • -^"■'" lltil illl tllf ntll.T I'lllts of till' Wnrl< s|iull llll\i' lirfll ('(illllili'tfil , ill (ird.T tlmt • i,,. *"*" tKl'oii"* '•ii''>l' "ii"y li'i^"' li'i"' to 1m-coiiii- sdliil iiml cniiiiifict. I'mpcr |ir(ivisi..ii to lie 111;^].. I.Sr»(J As sniiic iiortions nf till-! s.'WciN will li)i\c to 1m' hiiilt oil til.' fivsh finlxink- iiii'iit-^ of till' sti'rcts, tlir coiitractiii's Mi'i' iii)t tn lii' rri|uirril tn ci instruct til in Second EiTplnn llll ttde At Bpeclfi I'cir till' I'sfiiiii' nf tin; stfi^imiit watrriiiid srwi'iayr. Aii\- of till' tiiiilicr or stniir priiviiji'ii uiiilcr tlir original Ksjilniiailo contiiicf, mill now ill |i()s>i'>-i(iii of tin' t!ity Council, i-to hr taki'ii I'V 1 1 ir contractors at the inici's at wliii'li tlii'v wi-n' cliai-;,fi'il to tlu' city in tlic iiwanl of Mc-srs, U. >^, KcrfiT \- Stiii't, |iio\ iiliil ^iicli pliers can lir ascii'taiiii'il ; if not, at ■-iicli jirico :i» iiiiiy lie jinaiiui'il Intwiin tin' KnL;iiii'i'is ol' tlir |iurliis of tin' tii^t ami srconil part, Tic fiaimd |iortii)iis of tin- tiiiiluT al. i\ i' iifrrnil to to lie usnl in tin' work iii acnonlancr witli tlu' sjirciticntion attaclicil to tin- orii^'inal contract, anythiiii,' in tlir |iii'si'iit -|ii'cilicatii)ii to till' coiiii'ary notwitlistaniiini,'. Till' crili^ iio'.v "lik cast of Siiiicnc Strict air to 111' consiili-rcil the projicrty ol till' coiitiMctois witliout cliarj^c, !Uii] may lie iiiomiI out to tlie new line of Ks]ilaiiai|e as now (I'lojiteil or alliuveil to reiiiaiii wlieie tiny now are, oml ic-w ciili> slink oil the ;iiiieiiileil Mni', a-, the contractors may ileein hest. '{'he crihhinj^ ndw laiilt hetweeii I'liock ami Simcoe Street to remain as it now is, exce|it as le^^rjii'iU any rejiaiis reijuireil, -ucli rejiairs to In- ilone hy IJie con- tractors, ami the earth tillinj^ in the nar to he c(iiii|ileti'il to the ri'i|uireil lexel to the width of 100 feet fioiii Iront line of crihhine-. No crihhine- is to he hiiilt witliin any existine- enclosures where there is at present siijid c'lrth tilliiie; (.r iicrmani'iit crih work tilled with stone alieaily laid down, any deficiency of emhanUnient mily within such enclosures to he made uji hy contractors to the e.xti'iit of Ksjilanade width, that is to say one hundred fi it oil top, The whole of the work to he completed in the most satisfactory and work- manlike maiimr, ami any slips, slides or other delects in the eiiihnnknieiits arising' (luriuif tlic course of construction to he repaired and rc])lttccd hy the (Irand Trunk Company, and the whole to he deliverei] u]i perfect and complete, the (Jraml Trunk Company heiiij,f held lespoiisihle for the stahility of the whole Esplaiiaile StriM't approaches and sewers for a period of twelve mouths after the .same is or are tinaliy coinjileti'd. JOHN B. KO BIN SOX. Mayor. JOHN ROSS, Witnesses— President G. T. Railway C. GAMBLE. W. SHANLV. 50 CllANT, J. B. ROHINSO.S', el i:\.s I'ltoi'Kinv iii;r\vi:i;\ KiioNp SrUKKT AMI TIIK Toi' OF •rilK llVNK KXTKNIMMi I'KhM I'KIMi SlItKKT Ti i iiiK KASTKin.v LiMir oi tiii-; Town or Vokk. I 1S5T This iiidciitniH' iiiiidt) tlir sivciitli day oi" April, in llir yrar (if oiii' l^oid niii' tliiiii>and fiii'lit Imiidrcd and Hl't v-si-vrii, in ]inrsiiaiicc of tlic Ai-l In racilitati' tlic Cdhvi'Viincr (iT I'cal jiiiipfrt y l)('t ween tin' 1 londuralilc Sir .lulm lii'vcrlcy llnlpnison, HarniiL't of tlir City of Toninln, in tiir I'roxinci' of ( 'anada, ( 'liii'!' .histici' of rplii'i' Canada, and tlic I lonoMrulilc d'orirc (^mokshank nf ilu; sainc place I'^s- April 7tli (inirc, of the tirst iiartand tln' .Mavnr, Aldirnien, and Coiiinionaltv of tiie Citv Rfi'"*'' /• ?,?°''' of loronto, (it tlu' second part. \\ InTcas by letters pat'Mit li'oni the ( lown dated City, of lands tlic fourteenth day of .Inly, in (Ik,' year of oiir Ijord our thousand eieht luindred street to top of Mild eij,diteen, a certain space or stri)) of land deiiDiiiiiiateil by the letter ' li " on ^^^^ tile jilan of the tlen 'I'owii of \'oik, coiiiiiieiicinj,' at the top of the hank in tic wi-t'in limit of the old ( iovernincnt iiiiilditi^s roersiition adjoinine- the south- fii.xl aiiu'le of the said Town. T noitli sixterii dt-mves west four chains more M' less to the southern limit of I'alacc Street ; tlii'ii aloiin' the southern limit of tlie said street and also followiiie; the soutiiern limit of Market Stieet and Kront Streit until it intersects the western limit of I'eter Street, nt the western linnt (if the said (own : then soutli sixteen doerees east five chains more or less to the top of tile hank ; then easterly alon;;' the top of the hunk followinj;' its several tniiiiii^s and windings to the |ilace of lieninnine', coiitainiii^' thirty acres mort' or less w itii allowance loi' the several cross streets leadinjj; from the said Town to the water, was vested in the said parties of the first part toeetlier with William Allan, Duncan ( 'aiiieron, and ( iraiit Powell, all of the Town of ^'ork, Esipiires, their lieirs and assiens forever, in trust to hold the same for the use and liiiicHtot" the inhal)itants of the then Town of York, us and for a pul)lie walk or mall in front of the said Town, and to permit and allow such appropriation, (ii-position, ulteration or improvements to he made of and in the same for the purposes aforesaid, as the .lustici-s of the IVace in and for the tlieii Honu; District, for the time hein;,' in (^Juarter Sessions asseinhled, or the majority of them slioiild from time to time thereafter make und direct concernine tlie sume. And whereas liy an Act of the Parliament of this Province passed in the sixteenth year of Her Majesty's Reieii, chapter two lunKh'cd and nineteen entitled " An Act con- veyinir to the City of 'J'oronto certain water lots with power to the said city for the construction of an Esplanade." After reciting tlie said Letters Patent ahove iiHiitioned it was enacted that the .said Trustees or the survivors of them .should liave power to transfer and convey the hind so lield hy them as aforesaid to the .sai(| parties of the .second part upon the same trusts and conditions as are expiessed in the Letters Patent ahove r(d'erre(l to. And whereas tiie said William Allan, Duncan Cameron and Grant Powelh have long since departed tills life, leaving the said parties of the first part them surviving, and the said parties of the second part have re(|Uested the said parties of the first part as such survivors to convoy the said space or strip of land in the said Letters Patent described to the said partiesof the second ])art under the pro- visions of the said Act, Now this indenture witnesseth that in consideration of the premi,ses and of the sum of Six shillings of lawful money of Canada, now paid hy the said parties of the second part to the said parties of the first part, 60 IH.H tlio ivcii|,l whcnof is licivliy l)y tlu'iinicknnw.-l.li;f(l, tlu-y— the suid ptirtif of A „,,„ till- first piirt— (li> <'i'HnL tn'tlu- sfiid ]mrtie.s of tin- m-cmikI part ami tlii-ir ■ April 7iu- .* ■ • 1 .» •! i_.!- i,*i.....i I. ......... I.. lie Orant, J B ccssor: rs foiX'V.T, all and siii<,'iilar tlie said spacf f land Iwiviiilp. i..|v Robinson et^ai^^ d.'scrilx'd ill tlVc said Lfl turs I'litcut and Act of Farliaiii.-nt h.-i;einl.ef(.n. n. tioiird lelt'iivd to and drscrilnd, to liold tin- same t<> llic said partirs of tlif scr .iid to city ot from Front Street to top of , i i-.- .„ , bank part ami tlu'ir successorH upon tliu sanic trusts and conditions as are fXpressci m the said Letters Patent hcrcinliofoic inentionud. In wituesH whereof the said parties liereto Iiave liereiintoset tlieir hands and seals. Si;,med, sealed and delivered ) ill presence of j C. GAMBLE, as to (}. C. A. G, MrLEAN. (Signed) JOHN B. ROBINSON, -^ skai. \ (iVJ) CROOKSHANK i ^'•^^'- t 61 imrtit- of ri'iiilicl.iie J'drc iiii'ii. till' HCr i|i(l prt'sscii ill the -aid .'n VIcf., Chap. 80. An An' TO AMF.NM THE Af"T roNVKVIN(i TOTHK (^ITY OK ToKON lO CF.UTAIN WaTKR Lots, Willi I'owKit to tiik saim City loit ihk ('unsiuictihn or an Kspi.an- ADi: ami i'o knami.I': tiik saik City ro kocatk tiik (ikand TiirsK K-»:M>MAn ANI> OIIIKI! KaILWoaDs Al.oN(i TIIK KIIONTAOK OP THK SAID CITY. fsKAl* SKA), I [AHHenieil to /nth J^nte, tS.'ir.] Whoroiis under mid liy Yiituc nl' tin- Act sixtfoiitJi Victoria, chapter twn hiimlrt'd ami iiiiii'tcrii, tlic iiiaynr, aldrniicii and coinnKinalty of the city i>f Toi'Kiitd, liaYe ccait (acted with the (Irand TiunU Hallway of Canada, for the huildini; and construction of an esplanade in front of the said city, accord- in'.' to II certain plan to the said contract annexed, a copy of which )>lan lias hecii fijril and deposited in thi' oHi if the coimnissioner of ("lowii lands in this {Pro- vince, and it lias heciane necessary to L,nant fiirtlier and other jiowers to the said tlnniayor, aldermen and coMinionalty of the i'it_\' of Ttn'onto, to enahle them to C'iiiiplete the said esplanade, accordinL; to tin- said contract, and certain other w ii l< connected theicwlth : Theri'foie Her Majesty, liy and with the advice ami consent of the Lenlshi- tivi' Council and Assemlily of ('anada, enacts as follows : I. It shall and may he lawful for the said mayor, aldermen and commonalty of the city of Toronto, and for their contractias, workmen, serviints ,ind aeents, to enter in and upon all lands and water lots, ami to ci'oss all wharves, docks, piers iind premises lyin;,' within the limits of the said esplanade, as laid down on the said plan amii'Xed to the said contract, and take ]iossessi(ai thereof, an^|lI.•lll,■p^■ .'jistw.'inl tn rht'iTy str.'ct. nii'l wcstwaid to llic (^hitfiiV \V1 it. Mii'l tn nit' T in jiimI ii|iiiii JiM'l |iii.->* nvcr iiiiil iiloiii,' fill til'' wiitiT lilts ill I'l'oni i.f 20 v\!^ so "second til.' -.li'l .-ity l.T tli;it |iiiri>n-,.. iiit.i r.^in- willi .-iii'l iiitrrrn|iiiiL: tli.' .•i].|irMiich to Espliinade Act .^n ^liii i v.^ .|, ,rl>. mimI jii'T-. ;in I iIm' ciijiiyiiiriit <>\' \hr s,iiMi\ ly th<'\y r.'s|M-rt ' v.. (i\\lh-l> .linl (iciMl|iii'l> ;|s litlir .1- |ins>ilili'; .•linl till' i\|Miis.-, ol tillili;;' ll|i i.| i,'i;iiliii'4 til'' s.-Miic. -hall lie jisciTtaiiiiMl in niMiiin'r l.cri'iii.irtrr m imn'cl, ami sl.il! H'.w ilii-fiwt nf III ii|iaiil t< I till' -a ill iiiayur. aliiiriin'ii an 1 ciiiiiiiiunalty n\' tln' fi'V i>t' 'inronto, iiiiiiiK chall l)e |,^. j| unn- all' I inhi r |ii-r-iiiis lia\ in- i-Ia|i'- in lln' laipl >iii wlirli -ncli 'jr.i.l- ''■" ■ iijM-, lr\ riling anil lilliii^ in --liall in^ iloiii'. -iirli ]MTMiii- lii>iii-- i-! ari,'ri| in an i'(|uit- aiilr iini|iiiitiiin acriirilini;- t" tlu' natiin' ami I'M'iil "I' tlnir i-tatc- in tin- said la mis, a 11' I an\' en i Had ur (•"iitiads I'm- the lik'' |iiir|i"s.' ilia I may In ri'liil'nri' aii'l liti'iiii' till- passiiio- III' this Act havi' l"'iii iiitiii'l iiil') ly ihi' niayif nf tlu' said (•it\- 111' Tiirmilii. nil till' lirlialt' i>l' lin' -aiil ciiy. umliT tin- sanclimi aii\' Tumiitn, hy tue Irssii.s nr nccnpaiits nl the water Ints llelonuiiiff to the city nf 'rnlnlltn fur the cnl 1st lllcl inll itf tl e said esplanade, or liy any party or pai'tics w linmsmv.-r. fm- the tilliiii; n|). :: railing;, and levelliii;; of the Arbitration in said space iinrtli nf the esj.'aiiade hereinliel'nre iiieiii inned. and if the sii'iie can- CBceofnon- ,,,,( hr a_'ree I llpnll ail'l Jl'ljUsted lietWeell tile >aid pa 11 ies i nt elest e(l I lierei 11. sjiall lie ascertained and sittled liy arliilra' inn, in the sainr niannrr as is |iro\'idei| in other cases hy the said ncile I Act, and every arliilratnr appninie i under the .said recited Act ol' this Aci, .sJiall, hefnre entering; iipnn the duties nf ids said olHce, hn .sworn he fore niir nf tile ,jiid;,'es of the superior Courts <>( tlii.s province, Well, truly, ami taitht'ully. ami without partiality to fullil the duties thereof to the liest nf his iu(';,'llient. The naid cnr- •"{. Kmaii'l lint witlistamiiiiir ,iny Act nf the Parliaimnt nf this rrnvince, nr loHiwith'w- 'I'ly <'l'i'lM- leatter, nr thiii:„' therein cnntained to the contrary, it shall and iiiav row nioniyfiir t'e lawful for the maynr. aldiiiiieii. and cnininniia liy nf thecitv nf Tnri ni'i i. fori li- defrayinfT thi- ^^.j,), .|,,,| withmit fnitlier imti r niher inncre'linu' tn pass ,i l,\-law tn raise 11 coHt 1)1 till' sai'l 1 I 1- • 1 1 ■ f'Uitnt. In.iii inr siicii ,111 aiiiniint. imt e\( Iii|..^ si-\ rnty ti\ e thniisaiid pniinds. as may I'' me.ssaiy f.'l' til' pUrpn-.. nf fillilii^r ilLyialillJ aill le\ellil|K the s.iid space hi'- tW e.'ll tile 111 nth iilie i.f till' e.splan.lde ail'l ihi' sh'ilt' nf the li'lV ml t 'le e\ tensions tliei'i'iif ,is alni'esai.i, and tn issiie any iiuiiil i r i<\' 'liln'iit nies p.'ivahle ,ii t' is l'rn\ iiii-r i,r i'|s,.\\ li,.|-,. ill sinus .if imt, less tli.iii nn,' hiiii'h el pounds whicli may he leijiiisite ainl necesw,.i|-y thei'ej'or, payal'le ill tweiiy yi',irs fmiii the lesprctivi- dates thereof. ,111 1 fill' fill plir|inse n! I'l ' le. ' II I i I Ij the s-mi.' ,'llld ]i.'l\ 'll'j tin' iliteli'sl tlnii'iin. .1 sp.cial r,'iie iii.iy he inipns'd as pinxidid in ih'- Af hei • inli'l'iiie iiien- tii 1 .iiid shall he applied in payment nf iiitenst ,111, | in fniiiiiii.,^r ,-, sinkiiu fun I for priiit'ip.il in like inaiiinr a- t herein prnvidi'l. Recital. 4, Ami u lieii'.'is the pmpi'i ty diiecti.l ly the leiteis paii nt nf the twenty- first Kehrilary, mie ihnllsiilld ei^dlt hlimlled and fnl' ', , imiitinlled ill the said Act. to lie I'liiive^ I'd to the ,said water h;* owners I herein icfi'ircd to, was intfndt;d us a Cnlllplll esi'lanail the laml' ,',.s|.'Ctivi wiirii Wa' ,hs- .tisli, 11. i| :l :!■'■' lire --1. ill. till. Ints i iitli. I' m.'i tW..'ll til. fp.ht the till' plnV the s.'li.l r.ivi red w sjl.lll l'l|U,' ill.' ailiiti v.ihie nf li\ the ~ I llirlil inlle- r,..vMeil ;lli\ . <<'. .'I wis.', jidji t\M iity-ti n-hls nf I.TC tllC 1 .-). A .'"lllllinlial sh.illliep,' ..1 If. nil t! slim to he liy tllf Ies I'.irtii s wi iiini the s) till' saiii" III' lit iiiiit'd I'itiatnrs f' "f the cm V r"init,V >>\' i|iiiii'd 1 h; Isi'.ll nf ill' I'.'CiiM r.'ilii tinned, an .;. 1'" t'i'illl the ( 111'] i'''.^liti I.. 1 sh.lli '! ly 111 s.ii ■ . .f ail' jiali'iit aiii .ill nf |!lC .'Illd .'ill llie 68 a ,• ini|iiMsiiti<>ii for tlic Inml wliicli iniylit lie taki'ii frmn tli.-ni nsprciivily rmtli'' 1>S57 ^.v] ■ iii.hIi'. Mini I'lir tin- rxin'iisi' mT nuikiii^' mi niui'h ilicii'iit' as slmiilil lie iii.'iili> mi fill' lamlN LaKi'ii iVnii) tluMii ii'N|ircti\ i^ly ; lie it laiacli'd, tliat tile mwiht^ ''' 2n v c so Second i-,.,j .ctivfly clial-nl witli tlirir iwimc^-v,. ^li.iii-- 111' viicli r\|i,ii-M' : ,'iiii| if aiiv Esplanade Act i.|lr,i Wati'f li'I iiWlMT "I ]icl-^cil| li;i\:il'4 r-~|;it'' ill ailV '-lli'll Wal'l' Int.sliail I'l- Appeal ti. ,11-- iiisHcil uitli aii\- such (•(HiiiiciiNalinii. liU rl.iini \>< a I'urtln r alliiwiiiici- shall, it' ■"■''['•■.itK.n (mm 1,1,1 .WiV 1 11] "111, 111' ili'til'llinir, 1 liy ,irhi| r,i"ii|i ,|s iit'Mlis.iiil, ;ili(l ill ciiliiiiiM' til viicli ^,ltl^tiell n^ t,, ,l,.c:~i'>ii the s,rii arli'trator^ -h;ill \:\k<- mi In r. iiis;,|,.|-;it ip\ciiiiiit'~ i''iiili'iii]ilati' I i<\ Ihis Act, a- well a- ,'iil fr,,,,, tlien,, iitli. i- iiialhTs i-,,iiii.'ctr,i tin r.'witi), aii'i aUn tin- \alip''it' th<' striii^ nf Km, I )"■- I 1.1. .Ill 1 ,• I I I 11 Incrfanpil value, tWi 'll till' sa:iir aii'l tlptii|ii'l I li" I'aiik . .in I > a ; lir l;ll|i| C i\ iI'.mJ wn h w.atiT H .tc., to In- taken tV'ilit thcli'df In lir cnliv cyiil hi llh' m\vii.|- ill f.-iiil' 1 1|,> -.1 id \v;i ti T li ,( > i|| i jiT intu ronsidern- tip. |i|M\ isidlis nf thr Act tir-t .llmv.' Ilic'lit '(.licl. ,|l|,| :| -Ucll ilicicasi'ii \;lhlc(if I tip- -.■lid water lilt- .■iip] I lir \ ;iIip' nl' tin- -,iii| -i|i|,-i,l' !;iip| .•nid [n at ii nis nf !,-iii,l ■f* cmVi red with Wati-r. ti i^rllliT with the c\|irll-'' I if c iii-l I'llct 'IILJ the s.-lid i">]il;ili;|ilc, -li.ilj ,',|ll;il tilc \ ,lll.c ( if I he l;ilid t.lkcii flip I he es|,|,iii;idc, it sllJlll li" t he dill \ nf KxcesH of value llp.,irl.itr.llnlst.. deei. e ill f.lVcHllnf til.' city -eluT,-, jly , ,| | id if it sll.a 11 CX-W-d t lie ;"^*>^^'';.»*''''l'''' V.iiue ni the land t.lkeii. llien tn dtcide that -ili'h e\ces- >h.lll lie ji.iiil in the cit\' li\ the -lid w.-i'i r lilt iiwiier-- in iiianiier ]iin\i,le,| l,y the -aid .\ei heieinlief. ,p,' lliiiil i'lllei], fur |i.iynn Ills tu the city lur tlie e, ,ii-| luct ;(,li iif the -.lid es|il.iii:|il,' : I'|-.,videil always, tl .It linlhiliir ill tili- -ccliull ci illt.lined, sh.-lll atlict tlie liehl . if Proviso : Act .•|i|\ ,,'. ,ili\ li.lllV wl'.i 1|!,-|\ cl.lilll ,lll\- -lliliiif land cnveicd li\- W atiT (ir ntlnr- "''.''" •'"!''!;' ■ ' .\l • • I . , ■ . II '-'■rtai" riffi't' wi-e. adiniliine; t lie water lul- L;r.lll|ed liy .Iliy |iatelil Is-ued |illMr luthe-aid tweiii \-tirst day nl' l''td,n);ny, diic tiiMii-.aiid ei;.rht Imiidped .and furty, luit the D-hls i,f Mich jiait \ . if .any. In -iieli --I rips i,f l,ind -hall iciii.ain the -aiiie as lie- Imf the |ia-siiie III ilii- Act. .") All --iniis nl iiH'iii \ i.idi n d til 1 e j'.iid 1 1 \ t lie -, I id 111.1 \i H', .1 Idt riiici 1 .'1 1 id '^" '" P^y'"* "' I 1- I 'r -I' . . .1 ,■ »l • i' . I . ■ .• of HuiiiH CI iiiinK I'.iiiiiiiiiii.alty III the city ill 1 1 iii mti i, ti i I lie .iwiici-ni tlie-aul w.itcp li its m Ico, t„ tj,^ p,,„| (,(„" -li.ill lie 1 1.1 id within mie ye.ir ' iinii the d.ite nf the decisimi of tlit' said iiihit ratms. punition fiom ,ir frmii the date nf any rule uf i-mirt i niieiiii^f the s.-niie, with interest, .ind I ho ^.^"g^iJjg -iiin In lie j,aid tn llie iiiaynr, alderiiieii and ciiiiiiiiniialty nf the city nf 'rmnntn, li\- the les>e.-, n|' w.ater Inis lielniie-iiii^ tn tile -aid city nf Tmniitn, and liy .all ii.irtii s wl)iiiii-ne\ . r fnr the tilline iiji, eradiii!,' and levclliiii^ lietweeii the es|ilaiiadH ami the shnie nf the I'lay, shall he a charL:e nimii the hands in resjiect tn wdiicli the -aiii" i- |i.iy.ilile, ill the iii.iiiiiei |pii)\ided as tn the es|ilan!ide hy the tir.>t iipiiliniiid Alt. Iiiiiii the liiiie a ccrtilicate nf the said decision nf the said ai- liilratnrs sieiirii hy tin in, ma c itilicate nf .a rule nii any a|i|if.il iiinhr the seal el' the ciiiiit fmiii whence it is-ucs, sh.i 1 1 lie rci^i-tii'cd in the; reei-ny ,,thcc nf the i'iillllt\' nl Vnlk. I'nr llie ]i|ir]iiise n |' which rc^i-tiy Ip, ,, tiler |irniif -li.lll lie re- i|iiired than lunnl '" iillid.iN i' nf the h.indwriliiiir nf the -aid .11 hilratni-, nr the -CI I I if the said cniiri , ,iiid -iicli iiinncvs h-ist iia nt iniied -li,ill he |i.iyalilc .and r.cii\ I ralile if imt |i.;'il, in the iiP'iiiiiir |irn\idcil \'n\' 'n ihc .\cl tii-t ,ilin\e incii- liuliid and -h;lll he .ilililied ;i- liy ll e -.lid Ad '- ,1 1-n di feel ed. li, |'"nr ,ind nnl \\ 'th-l.-indiiiL;' ,iii\ lii,illii "i th ip.;' cnnt.alned 'n the |iateiit The -ai.i ct fr,,m the ( 'p.iw n d.itel tin- h nirle. nl h d,i\ nl .liiK . nne thiui-.iici e^-hi hiiihln d l""a""» "'".v ... 11 111 ■ 1 ■ lease ..r m'II a III'] I'l'^hlei n, ..lent niied :il the cl;^lltll -ect nil 111 llie Acl Ip le liliclnr. rctcirid ctit.im »tri|. I' I -h. ill and Ilia , h.> lawful fnr the -aid iii.ivnr .ilderin. n .ind cnniiiinii.altv 1 if "";""'• ""'■ ..,.•,,. • ,• ,• ■ 1 «i'ti^i.'"ilii k- Me- I- l\ ill jnpnllln I n 1 1 •,| -i I up a liy t'llll nl Ie|lll-n| \ I , I 1-. nr I n ,; '^ ITi ' I nj | | |C „|,y c,,„,| , ^j, .„ vii ..f and all-Ill II lei \ in -ill .MpI il-lm-e nf I he -li.ice nl -trill nf l.llid Ml the -.1 ' I '" ''"' |i»t«*l-t 1 ' 1 • 1 . 1 -I I ,■ I 111 1 .• I KfiintiUK It. [i.-iii 111 and sec! nil III ihe -ad Act ill -crlii'ij, Ir.cil aiii il -ci.iretil Imin ,iny .iiid li! ■■!' the s.-i'd Iril-i-. eniidit'iili- .all I n -I p'rt inn- in the -aid |ii!inl cniil.a :iled ; '^li|'li'^'»'ii"i "' II, 11. Ill I' . 1 ■ 1 II I tiiiiiie> s ariBiiia ;iipl .I'l iiiniiev - ivceivi'd lliciilnr wliiMur ly w.iyil rent m ni la rw i-e, -hall 'h' ihei«fr.iiii. (i4 1857 ciinicil to ii s])0ci!il iicconiit liy the oIiaiii^L'ilniii nl' llic city of Toi-oiiti), and sliall lie fNpi'inled l>y the sai (!i;ANIt TlMNK IvAII.WAV ("nM- I'ANY, Daikh 2Hni) Di ckmui:!! ls(12, I'kox iihn(; Kni: ihk (Jiivsr and I'm- I iiAsi: ur 1 ,S<{*i L( r. I iiiM' Uiniisfuiil fiuhl huiiih'(M| miil six! ytwi I'V imin]i!iny nt'Canadii dl' the \\v^\ ji;nt, an/i th.' Cnrponitixn .'f tlu' City "f AgJceSfe'in"'""^ Tni-.mto 1)1' tin- siTiiml part. \VInTessiun of and ha\e the I'ieht of way loi'ty leet in width on the Kspianadi- and that north of said forty feit there is a space sixty feel wide called Ksplanaile .Stin-t. And whereas north of said forty feet and sixty feet (in all one hundreil feet) there i^ a piece of land exteiidin:,'- from the north line of said one hundred feet in (1 direction northerly to the said houndai'V oi- ;;encral line, noi'tli of the sai afoie-aid Therefore this A;,'i-eement witnesseth that the s.iid parties hereto have and do au'i'ee as follows each with the other, namcdy • That the ])arties hereto sliall at once proceed to ascertain what tlie tillinjr ilone hy the parly of the second part on the s.aid piece of hand and hounded on the east hy the property known as Dr. Uees property next adjuiniii!,' Simcoe Street on the south liy I hi' -aid northerly line of the .said one hundred feet made up of the said i'oity feet and sixty feet asaforesiid, on the west hy the said lands owned hy till' party of the first part and on the north hy the noitherly eeneral line of the water lots as laiil down on lln' orieinal survey made liy the Crown of the said water lots as the northern imundary of the -aid lots should have cost, that is, what it should ha\e heeii done tor. And if the same cannot ho ■i^ieed upon that then each party shall choose a disinten-steil enniiieer, that those I wo shall chouse a third, and that the award of the s.aid thri'e or any two of them tixine' the amount cilciilaliii;; on the hasis of what the same should havi- heen (lone for, that is, should ha\i' reasonahly cost, ^hall he tinal. provided however, if the parties can a^free on one eneiiieer as sole arhitiator ,ind that they do so. his Mwai'd made on the liasis aforesaid shall he fin.d. That imnii'diately on this heiii^ lixi'd and the .-imnunt asoertaiiied what tiio Company are to pay foi' the saiil lillini;- tlie Company will eoiis,.nt to tlie p.itent then issiiiiiLj foi- the said piecr (t\ kind to liir parly of the second par< upon the terms and conditions however that the piirty of the -I'cond part do iminedialely oil the patent issuine Lfiant in fee iiy the usual deed of harj^nin and sale and freo .5 (»() 1 S(J'i. from ;ill iiicuiiiliraiKTs ami cliiHi^vs tlic siiiil piccr dl" l.-unl si> (Ifscril)i'i] as Mt'niv„ii,l li\- till' liuiiiidarii's jitori'saiil as liciiii;- ici|uir''il m> almvc iiiciitiniiiMl. Ami tliai on A^eeme'iu'aifto 1 lie rxcciil imint' ilw saiil .Icril ol' liai^aiii ami sale to the ('Diiipany. llicy, tlic ''.in- Simcoe^reet^ °' I''">.v \n ill I'T til'' amount s(i ascrrtaiiiod as ilif siiin to !»■ |.aiil as aforosaiij I'or tlif sail! tilliin; as aliovc nu'iitioni'd ;^ivi' tn the J'ai'ty nt tlir sfcoml jpart a iii(irt-:ii;i' in I'ri' oil till' saiil lainlsaml on tlir |iro])(>rty |iiii'cliasccl liy tin' ('oiiipaiiy IVom ijic partv of till' Mcoiiil |iait north of tlir ]irop<'rty c'o\ cii'il liy tliis ao-iTcnu'iit, snch iiiortn-a-.' to lie coiiilitioni'il tiiat -o lon^- as tlir (.'oiii|paiiy pay to the jiarty of i!n! sceoml part the interest on the sai ir.ade hy tliis agreement to the (irand 'I'ruiik Hallway Cianpanx- does not intend to yive to the saiil Company nor does the said Uailwav Company expect to receive the said lands a;,'reed to he conveyeil under this aereemeiit or any of them for any other purposes than those contemplated in the srveral < M'ders-in-Coiincil ndatir... 'o the saiil hiinlH. In witness wheicof the said the (irand Trunk Railway Coiii]taiiy of Canada and the said the Corporation of the City of Toronto ha\ e hereunto caused the Cor]>orate Seals of the said lespective ( '(anpanies to 1m- atlixed to these presents on the i|a\' and veai' first ahove written. A' 'M-' lit "III- [Ska I. Ill'- CiTV ny TiiKDNroj A. '!'. MrCOHl), < 'hamhei'lain. J. C. bOWKS, Mayor. THE CRAM) TKCNK RAILWAY COMPANY OK CANADA. Hy .lolIN HELL, Their Attorney and Solicitor. 67 S flfn|i>,iiil ml tlial (III -, tlic''.,,,. oi-(_'.saiM I'lir I InOl'tlj.lirt. y iVnlii llif. iiU'iit. such >rty 111' I ill' < pel- c. lit. pfuiy sliall put tliiit if in ilc'f.iult )ialrli (111 fitluT tfS to tilt' •i'l'iTeil to ■juilirc nr 111- tliiiii; I'lition (if ml ovory led to he a a to tlie 10 City of ul Trunk .s the said •m1 uiulor ('in|»lated f Canada lust'd the prestMits k ir. A, dicitor. 1 Hi\:i ..\( riMINT ItKTWKKN llli: ("ll V iif 'I'dlti >.N 1 1 >. Ni i|; 111 l-.l!N AM) (lUKAT WksIKKN IJaii.wav ('(iMr.wiKs. |)ATi;!i :J;>iiii 1 )i;(KM1i!:i!, !n(!:<, Ai riniui/iNt. ink I.ciCAIImN (If TWH llMI.WAV Tl!A( KS iiN KslM.AN A I iK SlKKKl. Tills 1 N PKNTr i; I'! iiiadc the Twiiitx ihii'l (lay of i)('cciiilii'r in the year (if "iir l.(inl iiiic tli.ai^aiid •■i^lii liiindicil ttnd si\ty tlirc". 23rd December r>ct\vccn The ('(iriHilMl i I' till Cilv c,|' Tn|-..iil(i, c.f the lii-t iiait. ^,id TUiril Esplanade , »• ,1 I, 'I ■■ , • 1 II ,' M- i> I /• ,. Agreemenl. til .N(i|-tlici-n i>ail\\a\ "I ( anaila and llic (.icat Wc-'tcrn iiailuay ( iaii]Mny.'it til' -■(•iiii(l |iail, WliiTcas till' (Irand Trniik iJailway ('uniiiaiiy in Iriiiit id' till' City nt' Tiiidiitn u|Min tlu' l']s]ilanadi' ami ii will Ih' coii- \;ii(iit I'lir the tradi- id' the said Cilynl' Tmnntu tn allnw tln' ^lid Niaihci'ii hnilway (if ( 'anada and 1 he (iicat Wotcin Railway ('(iiii|iany also tn run ilitir train- in t'nint id' tln' city. Niiw this Imli'iituii' witiic-scth that in cniisidci'ntinn id' the jnciiiiscs anil in (•(iii^idiTatiiin nl' li\c -idlliiiL.'- tn the ]iai ty id' the lii-l |iai t paid hy t he pai t ics nl' i he S' {'"lid part the said ( 'i m ]m iral n ui id' 1 he < 'ity m|' 'i'l iri mti i di 't h ^irant iintn lie -aid parties of the secniid ]iari and ilndr -iiccessnr- fipre\ci' (hut ileleiinnalile ne\er- t'lc less as heieinalli r nieiit imii d) the liidit aid ea-eineiit ti lay dnwii two r/iilway tia(d\s npnn and aiiai'.;' M-jdanade Sli'eet fiiaii il- wesier \' In it- east-ily did a- tlu; said -trcet is iitiw ciiii>.i riicicd and npencd and tn run iheii cars and t'aiiis for fndehl anil passeim'ers mi and n\ e|- the -aine Inn npnn the tirins ami Ciiiiditiniis i'nllnw iiii; and when and a- is hi'irinal'ter prnxided. d'lie -aid I racdss -hall he laid dnwii in -iicli jilace imt nmre than tweiiiydive feet nmlherly I'mni the fnrly I'eet n\rr wliifdi tlieCiraiid drunk IJailway I'ninpany nf (anada has imw a rieht nl' way as 'I'lmmas ( '. Keefer uf the ( iiynf Tnrniitn, Ks | , ( ', Iv. shall a]i|irnve and shall he laid in siudi inainier as tn i he lc\i I- and as tn the |insiliiin. Iciieth and nun I her id' the s\\ itidies leadine- frnin nr cniinecliue the said l wo I racks Mid ill all res]iccts as tn the uiainier nf laying' the rails and cniistri.ctini;' the said tia(di- the use thereof a- a mad fnr nnlinary vehiides and -ireei tratlic and fm- cm— in^ the -aid street at any pnint and shall sn construct the -a me as tn the le\ v the said Kiieiiu'er mav from time (o time dc'iii it neci'ssaiy tliat iIih f rrn\iiled that whereas it may nut now he iiefessaiy lor the tratlic on hs])liii; ek. Street, that the street shiiiild lie madi' so ])erfet't for ni-dinarv street tratlie acioss a-< \\ell as aliin^' the said strei't as may lu'reafter liecome necessary it is jiroviijcd that when and as it sliall lienane necessary from time to time the said Tlnnmiv C. Keej'er or siicli < it liei' Kii^iiieeras may lie appointed hy the p irties of tli- lir^t IS IH same iiia\' lie cniistrncted nmre perfectly than mav now lie recpiircd andapprnvi as siillicient hy the said Thomas C". Keefer and if necessary at a ditl'creiit livd rulativelv to the rails and of ditlerent materials nnil in a ditlerent manner as tlip said Thomas C. Keid'i'r or sncli other eiieineer may think ri;;lit, sutlicicnt iiiul necessar\- f(ir sti'eet trallic as well across as ahm^ the said street and thereup.m the said (";ht and easement shall lie for the common and e(pial nse and henetit of the said two railway companies, the paities of the second part. and the manner in which snch tracks shall he jointly nsed and worked and the proportions in which tliey shall contrilmte to the said work and to the construc- tion, maintenance and working thereof shall he settleil from tinm to time liy ar- ticles of aj^reenient of the said companies, the parties of the second part, and in case of disaj^reement then hy arbitrators to he ajipointed as the said companies fjhall aijree, and in case of disagreement one to he chosen I»y each of the companifs anrvice or with any other object and it shall happen that Esplanade Street shall be widened by an addition to the siauli side of the pri'sent street the said corporation of the (^ity of Toronto reserves to itself the power, rii,dit and anthority to shift and remove the tracks to be laid doan under this grant to the soiuli of the present (Irand Trunk Railway tracks or providing similar and eipial aecomniodalion for the working and Usin^rof such Ir.ieks in such locality to be so chosen and sidected for thein upon sntlicient provision being made for cro.ssing the said forty feet. Ami if ar- rangements shall be made by which one or both of the conteiiiplateil tracks nuy (1 kopp tlie ' IVom tlie first |.ift K.S|)lllll kIi. tlif iicioss s |if(iv;.i..,| TlioiiiiisO. r thr tirst ill 'I'lmiiias y thtit iliH 1 appfiiv ,.<| •rent I.Vfl llt'l- ils llio liciciil iiiid tlllTt'lllMll ;l.v- Hut of liny vi>nty-tivf> Railway 'ct of the 1 for the witliiuit ,vo t ranks iiml «'(|ii,il pond jmrt, [1 and the construo- nio liy (ir- irt, and in companies joiiipanics ivo eanimt rt of tlip of them L'ontaini"! not leave •onty-fivp it>r thiiii.' leir (i'ikIp [)a.ssL'n;,'i>r 1 shall 1)1' if at any liall wish >coiioniis- witli any ■d liy an City (if move the id Trunk workin;: for tlnui ml if at- icks may fi9 liiccd within the forty feet ovi-r which the (irand 'rriink Ivailway of t'anada imw rit;ht of way tlu' corporation of the City nf 'I'dnaito riNciMs to itself 1 80.'{ an' lis siK'CfssorM the ri<,dit to have the said track so pl.u-.d and to allow the Thfr'd'Esp^a'nade Granil Trniik Hailway Company to nse the cnntemplated trackse(|nally with tin' Agreement, niirt'es nf llie seciind pari, if what hy the said 'rhmiias ( ". Keefer, nr in the event 1,1' his death or refusal to act, snch othei' ene;iiieer as shall then he actinLj in his pjai'e on the part of the said corpoiation shall he deemed cnnxenient and snth- citiil accommodation laHnrdini;' in all resprcts e(|iial facilitii's tu the parties of the sec(a)d ]iart witli the javsent arratiu-enieiit U>v their traflie with the City of Tniuiito) is atlorded thereliy oi- hy any facilities which may lie addt'il for all the slid comiianies for their trade with the City of Toronto, and in that ease tho lijht of \\ay herchy ;^ranti'il shall he takt'n to he limited to snch spa<'e as to- ijitlier with the space occnpieil on the fiaiy feet over which the (ii'and Trunk Hailway Company of Canada have a ii.L:ht of way. is suthcient and iieci'ssary for the pinper accoiiiiiiodat ion iif the said three companies, the e\]ii'iise incident to siii'li removal shall he horne hy all the said ciaiipanies. and the manner of woikine' the said lines and tin' liahilily to and the proportion of tiie expense of making' and maintaining,' the sanie. shall in siieli case lie determined as anioiii^ til. iiisch es hy the aeri'emeiit of all the said companies, and in case of disaefce- ni>iit then the same shall he fixed hy the said Thomas C. Keefer, and in case he cfinnol or will not act therein then it shall he settled hy arhitratiou as all the .said (•(inipanies shall a;;rec, and if thev cannot a<;ree then it shall he settleil hy an arhitrator to he appointed hy the Jud^e of the County Court for the county in whiih the City of 'I'oronto may then he or form. And it is also further am'eed thai if at any time hereafter any chanee .-.liall lie desired hy the companies par- ties hereto, or hy the said corpoi-aiiou of the City of Toronto in the jiosition of the switches or the nnm'iei-of i hem, the said parties hereto -hall ai;rt'e ujion the same, and in ca.sc of ditlerence the same shall he settled hy an eiii^dneer, to he appointed hv the .Itidii'O of the('oiinty ( "oiirt of such county as the ( 'ity of Toronto shall then form or he situate in, all the eN])ense of such renioxal or in any way re-pectiui,' the Mime to he horne hy the said companies, the levels in such case relatively of the loidway and the rails to he such as shall have heeii approved of hy the said Tliomcs C. Keefer, as to the tracks, or shall have heen further a^feed and under- Rlood hy the parties hereto of the .second part that the tracks and switches pro- vided to he laid down hy these presents shall to the extent of at least one track lie tiin'slied and completed hy the Hrst dav of .Januarv, om- thousand ei^ht hun- died and sixty-tive, otherwise the i'ie;ht to this tyrant shall he and he deemed to he forfeited: all 1 also, if after completion of the .said Lacks ami switches there -hall he any total non-iiser of the rieht hertdiy i.M anted fur a period of three iiHiTMhs then the lieht to tli;s irrair shall le and he deenit d to he f'oifeiied, and aho if any hi-each of the.-e stipulations, covenants, conditions, pro- visoes or at;reeir.eiits herein contained shall he niaile or committed or sutlered liy either of tlie companies jiarties hereto of the seciaid part, tlu'ii, ujioii notice in wiitinj^ hy the saiil corporati^' •'>• wliicli it is jiyi'fcij it iiiiiy ilo tlifiviit'lrr, iiiiist pay a Just ]tin| tioii i)f till' cxin'iisi', to Im" scttli'il as licn'toforc providi'il, and for ilic dm' Tmr^E^'^piSnaae '■'•'illi''''' I" rforni.MiKv !md rultiliM.'iil of til.' t.Tins, cov.'iiaiits aii.l coiiditi Agreemeut stipulations, |)rovisocs and a^ii'i'mmts hcri'iii coiitaiiicil and cxpri'sscd on il several and ivs|iccti\ «• parts, tlir parties iiereto and all and every of them, and doth severally I'ind themselves and thi'ir suceessnrs in ollioi' each to r! other of thrm firmly liy these presents. And iipnn the terms and stipnlati' ami conditions, svil.jfct tn the reservations herein e\|iressi'c|, the said corporal of the City of Toronto doth coven int with thr said cnnipanifs p u tirs heri'li the src I part for the (|uiet enj(jynient of the ease nt herel)y ^rranted. Ai it is nndi'istood, intendi'd and provided hy tln'se presents that nothinj,^ hcr> contained is to he taken as contrary to or ri'strietini,' the ri;;ht in the ajfreene hy the ( 'ity of Toronto with the (Irand Trunk Railway Company e;iven ai granted to cross Ksplanade stiei't for the ])Hrpose of tlu'ir station and elevator And it is covenanted and a^i'rocil on the part of tiie companies parties to these pi-eseiits of the second part, that they will forthwith make and enter into artieli's of a;,n-eenient hetwet>n them providing' for the due and faithful cari'vin^' out of the mutual covenants herein on their part and the joint nuikiiitj anij workiiie' of the tracks herein contemplated according; to the true intent and meanine- df these presents, and in such manner as to ensure thi- ohject contein- plateil hy this ijrant ; and it is at the same time pi-ovidei! and admitted hy the party hereto of the first part that nothintj herein contained is to he taken or construed as renderiner it ohligat )ry nn the companies parties iieroto of the Hpcond part, to make two tracks throui,diout the whole line, hnt where and for «o lon^f as the purposes of their husiness ami tratlic can he jiroperly and eflicieiitly answeriMJ hy a sinijle track tliey niaj- and shall only he nMpiired to make one track, suhject to such approval as aforesaid, without forfeiting' the riyht to make two tracks if hereafter thought necessary. And eacli of the said companies, parties of the secoinl part, for themselves and tlieir successors, l)ut tiot tlio one company for the other, doth covenant witli the party of the first part and their successors that they will ohserve the ahove stipulations in their true spirit and meaning, and will conduct their btisiness with the said City of Toronto upon the said tracks and switches in all respects, though not particularly pointed out t)v this indenture, so as to produce no inconvenience to the general traffic on Kspla- nade ami other streets, or as little inconvenience as is practicable in conducting their said hus ness with the City of Toronto. And fin-ther, that they, the par- ties of the secoiul part, will at all times save, indemnify and keep harmless the party of the first part and its successors from and against all actions, suits, costs or dam njes which the part}' of tlui first part may sutl'er or be put to for and by reason or means of any action, suit, proceedings at law or in equity or oiherwi.'^e brought or jjromoted against the party of the first part oi- its successors by any water lot owner or les.seo in the saiil City of Toronto, or by the (Jrand Trunk Railway Company of Canada for or on account of the grant made by these presents or the constructions intended hereby. And it is hereby provided that nothing herein contained .s'.iall authorize or empower the said railway companies, parties hereto of the second part, or either of then; to allow any other company to run tlieir cars or engines or to rini the cars and engines of any other company over their track or tracks without the consent or concurrence of the corporation of the City of Toronto from time to time. Ami it is lastly agreed and un said corponition nf tlie City <>l' 'I'urontn liavf lifiv- I 8<>:t mil" ;ilil\<'orati' si-als and sioMcd tile same liy tlir hands ,i|' their iispi'cti\ c pii'sjch'Hts on tlic day and VPiir first lud'oiT written. .1 C I'.nWKs Mayor. A T Mr(\)|{l), ("lianilii'i lain, .((»HN V(trN(i. Chaiiniaii I Citv I I Sfal I |(;.\V.K. Cm. ( Ar a:,'ii'.iiiriit liiiil, imi'lo, fiitt'ri''l iiitn, anil i'ully iv^} d iip.ii tilt' twi'iitv-sccuii'l ilav of I)t'C('iiiln'r, in tho yi'ur of ( )ur lionl i>nf tlioii^uml fii^-iit Fourth*Eif|)"a" lniii.lif.l a'lnl sixty-four, l.\ ami i.ctwi'i'ii llif (ii-,iii(l Tniiik Railway ( '..iii|iaiiy <<\' iiaiieAKreement. c.iiiii.i.i^ ,,f tin, tjist |iart, tlu' ( iroat Wi'stiTii Railway ('oiiipiiiiy, (if ilu- socmhI part, anil the NorilnTii Railway Company of C'anaila, of the tliiril parL ; WIIKRKAS .litl'i'i-riici's liavo arisen l)elW(MMi the Miiil Railway ( 'onipain.s paitir> luifto as to their rrs|irctivn I'ii^lits upon tlic Ksplanaih! in the City -f Toronto : — For tlie set llenient of these ilitleren<'e> ami clearly to deline tin; ri^hi- privileyi s aiel ii'ili^ation> nf the sai'l several ('mnpanies towards e ich other in respirt tip the said FN]planaiIe, and llie use thereuf, thi'y have mutually and respectiveh- a^ireiil to heenlne parlies til tliese pl'eseUtS, and to lie liolUld hv tie foveiiaiits, jir.iN isions and stijinlatinn^ heieinafler containeil, Firstly. It is herehy declared and agreed hy and lietwi'cn the several (,'oni- panics, part ies he|-eto, that it ^hall and may he Ijiwful for the said Northern liaiKvay Ciimpany.and theii'suei'essois, and they ari' hereliy fully authorized und enipoweivil at any time wlieii iudt,'i'd e\p"dient liy thi' said ( 'ompany so to do to lay down, ciinstruct, maintain and Ueip i.n the north twelve fei-t six inches uf the >ontli flirty feet of the said Ksjiliinade, a (racdxor tracdxs extending finin their present railway station easterly to a puint a short distance west of the Int known as I )r. Rees' lot, lieini,^ the jxiint where the main line of tin- (iraiid Trimk liailway now crosses Ksplanade .Street, near |{ees' Wharf, and at the same pnint to join and cnmiect with the said (irand Trunk m.iin line, and to lun the train- locomotives and cars of .my descriptitui of the said Northern Itailw.ay Com|iaiiy. on iuid over the said (Iraiid Trunk main line, fr-iil)ject, iii'Vei't lieless, tas.sed durin;,' the next eiisuin;,' Session of Parliament, to make, build and lay a railway track of the proper gauye, and in a sub.stantial and workmanlike manner 78 (Ml till- imrtli twelve t'ci't >i\ iiiclir , nf flie sniil sinitli t'cirly i'ei-t of the said Ks|ilMn- 1 S<»l. (I'll', i-xU'inlini' nistcrlv tii tlie riiil dl' tlic siiiil H^iiIiiidkIi' I'lnm tlic unint at Vmk „„ . , Stii'i't, wluTf tin- |)ii\ ilt'ni' 1)1' niniiin;,' nvfi' tlif siiiai.l (;,.,,,i, nateAKrcemcnt. \\ . -Ici-n Railway luiilcr clausi' mif ami Iami nf lliis auririni'iit tciiiiiiiati's, ami it .sliall ami niiiv 1h' lawl'til lor tin- saiil several Kiiilway Coiniiaiiics, |paftii'.s In ivto, to INC ami t'lijoy tin' >.aiil tfack so rdiistfiictcci, in ('oninmn, fur tlu' trallicaml iiiniiin;^ j)in'|HiM's (it llic >ai(l several lailways; i'r<)\ ii|c(| always, that it shall not Im' lawi'iil I'lir tin- said (!raml Trunk llaiiway Company to Use the said track in ,iii\' manner lor tlm tlu'oULjIi tratlic |Hn|i(>ses ol' that ('(im|pany. l"ourthly. It is hereby t'nrllier dcclan d and a;^nced iiy and het ween tli(< si id >.\eral railway comiiaiiies, parties hereto, that the south twenty-ses en I'eet six inches of the said south forty feel nf the said Hs|ilana(le, shall for railway pur poses he vested in and exclusively UNcd ami euJoyeaid sescral railway OMiiipmiies. parties heielo, and tlnir ics|iective sufcessnrs, twelve feet six inches ill width of the south part of Ksplaiiade Street, adjoiniii;;- the northern liini'. of tlie --aid south forty feet of the Ksplaiiade aloii;^ the whole lt'n;^tli of said Kspl.ni- jule Street, for lailway purposes ; and the said p ic of land so ^^ranted shall lie Vested in the said several railway companies in common, to lio used for sidings for loadiii;;- anil unloadini;' frei>,dit, and pnrjioses necessarily incidental thereto; such sidiiij^s to he com|p|eie(l oil or hefiire the (ifteeiitli day of May, in the year nf our Lord one thousand eiehi hundicd and si\ty-tive. Sixtlilv. And it is Iierehv further declared and aijr 1 liv and Ipetwccn tlio Miid several I'ailway companies, jiarlies hereto, that application on their helialf sliall !)(' made to the I'arliameiit of this Proviuce for an Act to leealize and coii- tiriii this ;iL;reenient ami the ] rovisidiis therein coiitaiiieil, and to vest in the said MVeial railway companii's in c(aiiiiioii f(H' railway purposes the said two strips .)f land of twelve feet six inches each, heillif the north twelve feet six ilK lies of the s.'iid south forty feet of the said I'^spkinade, and the south twelve feet six inches of the Ks|ilaiiade Street, toj,felher making a snipof land twentv-tive feet in width alon;,' the whole leiie;tli ol the said hisplanade easterly from S'ork Stieet, siihject tifvertlieless to the respective rielitsof the said several railway cninpanii's us lieiein declared in relation to each other ; aiid the manner of workin;^ the several trains of the said companies ujioii the .said tracks on the tweiity-tive feet to he usiil in comnioii. easterly from York Street to the end of the Ksplaiiade, shall be iiiutually aeree(l npoii iiel ween the said comiianies, and failini;- such a;,'reement shall he seltle(l by arbitration in the niaiiner provided for in clause twelve of tkis ai,n'eement ; and that u])oii the said Act beiii^^ obtained, the ;,r|.,ii,t by tliu ( 'ity of Toronto of tweiitj'-tive feet of land aloii"' said Ksplaiiade to the flreat Western Uailwav Coiiijiany and the .Northern Railway Coni]iaiiy shall becomeand be null airl void : prov icled alwa^'s, that iiothiii;,' contaiiiecl in clauses four, five, and six of this a;,n'eenient shall be held or taken in an}' way to interfere witli the rights of the ]>ublic as now existing;, to cross for the purposes of ordinary tratlic the tifty-two feet six inches used lor makiiii; tracks, nor to prevent the said Railway Companies in the same maimer as and as part of th(i i^eiu-ral public crossin^f the siiiiie, but nothiiij,' herein contaiiie(l shall autliori/.e the crossing the .same by means of railway tracks ur rails. 74 l.S><'tvi r w liicli tin- ( JiMinl 'I'lni ^ i... Foil, nade AKreuni I- |)a>»'>llij| < il iiK -iufi !•« I , nil » ■"■■■> ■•• ^■•> ....••• . '^'"^ |{aiUvay ( 'niii|iaiiy may liavr. >.r pivti'iiii tn lia\f. to any riu'lii "f way or citl, r caM-niiiit "V \>n\ ili^i' ii|iun nr llnnii^li tin- ;,nii\ni'N "I" tlif -ai'l N<>rtlniii Haihvi.y ' 'iiiii|i,iiiy, iis Mnvv I'licliiMil liitwcfii Mi'M'lx Sirnt aii'l llatliiir^l Stn-ct, sluill (•<•»>.■, drttrininr hhI lir \\lici||\ MiiJ. Ki'^litlily It is liiTiliy i'liitlur ilirlanil aii'l a;:ri'<-'|liy ami I'dwron tl " saiilMViia! Kailway Cianpanics, partiis hiii'to, that l'r<»iii tin- points wlicro tlii> NMitliirii IJaihvay anil (lirat Wi'simi Kniiway rcxjicctivi-ly join tin- < JranilTrunk liiif i<> ^'lll k stint sliall 111' in accorilaiici' w itii, an>l nmlrr tin- riinnin:,' n-ijiilatioio of rill' (Jnniil Trunk i{ail\vay Conipanv, aiiil trains >hall liavc pn'Cfdciic • ri;.'l.ts in tlic t'ol lowing' nriliT- - 1st ( irainl Ti link passfii^o' ti'ains. 2nil l'assi'n;;i'r trains oj' tin' said ntliiT conijianip's. Hril. I'"iri;;lit trains nf tin' (iiaml 'I'lmik. ♦ til. Krrii.'lil trains of tlir said otlifi' conijinnios 5tli, Spi'ci.'il and irri'^Milar, and ntlii'r liaiiis to In- run in tli<> saino ord'-r Grand 'I'l'unk tiist, and tin' trains of tin' same id us-, or d* -nomination as the ( irand Trunk, of the oihi'r ( 'oiiipanics, ni'Xt in ordrr, Nintldv, It is Iniiliv fiirtlar di'fdand and aurci'd liv anf In-ifinaftrr mutually arrani,'ed hetwoeii said Companies, or in case of disa;(reemi'nt, l)y arhitration as hereinafter provided. Eleventhly. It is hereKy further declareil and ai;reed liy aiid Itetween the said Railway ( 'ompanies, parties heieto. that if the Act for the lei^'alizinj; and confirming' of this arrreement is passed ilnrin<,'the next ensuing Session of Parlia ment, the present track used Ky the (Ireat Westi-rn Railway Cianpany from Pettr Street to the Ksplanade, shall lie discontinued and removed hy tin- tifteenth day of May, in the year of our Lord one thou.sand eijjht hundred and sixty-five. Twelfthly. It is herehy further decdared and ai^reed l>y and l>etween the sniil Railway Companies, jiarties hereto, that the payments or compensation to hp made hy the .said Compatn'es res])ectively to the others or other of them for th*> facilities herein provided and exchan;,;ed lietween them resiK-ctively in relation to the use of the lines and siding's as set forth in this a;,'reement, shall, in ca,so the same cannot lie mutually aLjreed upon within three months from the* passing; of the said Act, lie ,settled and determinetl by the President of the Pennsylvania Central Railroad Compan}- for the time lieinj,', and in the event of his refusing to 75 li'l in tin- Hfttli'lncilt tlliTcnf, tlli'll sllcll |PIIVIII"I1| or PnIll|)rllsMtinll >llilll he scttl.'il I .S(H. a' I (Ictcniiilii'il liy M)iiii' iitliiT itiTMiii to lie iniltiliillv tiUi'i'cil imidii Ipv tlic siiiil „„ . „ (' iiipaiiii's rcspcctivi'lv, ami if llic suiil (Idiiiniiiiirs caiiiint ii;,'i iipnn such nrlii- Fourth Eii>:- ... 1 i;,....: !• I' .1. .: I . :. .1...11 1 1 .'..i .• .. iiartHAKnvii ti Mliir, tlini iipi'ii )i|)|ilic!ilinn i>\' miy nl' flir purti.'N In-ii'tn, it slmil lie In win I Wn nWV iilli- ol I lie .Illilifi'S (if I 111' Sllpi'l'lnl' ( 'iiuit ^ lit Till (II (to In III ilililiati' illlij a|i|iiiilit (III arliitratiir to (Ictcfiiiinc siicii fiiiii|iiiis;iiiciii ; |irci\ jiliii njwiiys, tliat any awarij t(i lie iiiadc liy lilt' ai'liitiator nnijcf tlii-^ ai;i incul, so fai' as tlic sdiiic shall tlftd'- ) iiiiiii' any cliaii^c (not liciii^ a iiayniciit lor pnsi capital cspciiclit iirci to l>f paicl 1 I '. any of tlic said ("oinpanics to llic ollii r.s of otlicf, sliall lie open to n cousiilcia tii'ii and n'llctcniiiii.itioii at tlic cNpii-ation of five years, ami lln' cxpiiatioii of I'M'fy .succeed in;;' live \i'ais, the iii'liiliator to he iiiiitnally a;^reetl iipnn m llppoillted liy .Indue MS hel ijliheloie i|el irinilied, .1, Tliirleeiillily. It i.s herehy fnrtlier declared and a^^jreed hy and l^etwccMi the , Niiid several l\aihvay ('oinpaiiies, parties hereto, that all leevd pidceedin;,'s at law (11 ill eipiity now pending' I let weeii the said ( 'oiii|iaiiies or any of them, in relation to Ij fiio said Ksplaiiade, or the rijilits ol the said C 'onipaiiie.H or any of them, to lay down '' tracks upon, or otiiei'wise use the said Ksplaiiade or any part thereof, or in any iiiaiiner relatin:,' to the matters in this ayreeiiieiit provided t'ur. shall for the pre- sent he suspended, and ii|ioii the passiiiKdl' the said Act. shall he aliMilntely aliaii- (jiiiied ; ami in case the said Act shall not lie ohtaiiied, all such le^ul proceediii;;--, whether at law or in eipiity, shall or may lie taken up or contiinie(l, as if this HLireeiiieiit had never heeii made; ]irovided always, that the party who had to take the next step oil the t weiity-second day of Deceiiilier, in the year of oiir Lord one thousand ei!,dit hundred and .sixty-fotir, shall have two weeks next after the end of the Ses.sioii of I'arliaiiHiit in which the said Act shall he rejected, to take such step. Foiirteeiithly. It is herehy further declared and ayi 1 hy and hetween the .said several Railway Companies, parties hereto, that it shall ami may he lawful for the said ( Jreat Western l.'ailway f'ompany to make the connection of their line with the (Iraiid Trunk line at I'eter Street at once; provided always, that their present line shall remain as it is until the said Act is ohtained, or if the said Act he ohtained hefore the fifteenth day of May one thousand ei<,dit hundred and sixty-tive, then until the said tifteeiith day of May, one thousand eight hundred and sixty-tive. Fifteenthly. It is hereliy further declared and Ufrreed hy and hetween the said several Railwa}- t'ompanies, parties hereto, that it shall and may he lawful for the said (Ireat Western Railway t'oinpan}-, and the said Northern Railway Company to use in common with the (Jraiid Trunk Railway Compaii}', the pre- sent sidiiifjs of the said (iiand Trunk Railway Coiiijiany on the said Esplanade, east aii'l witli th. -iiid (Iri'ut WotiTii Kail\va\- I'liiiiiiaiiv aixl tlir Mii'l NnrlliiTii Rail\vii\- Coiiiipmiu •211(1 I'ciOMibor . , , , , • 1 i', I •!• ' I i> 1 ,< 1 11 i -11 !• Foartii EHpiii rf>|prci i\ ily, I liat ll\i' sttnM ininl I riiiik Kailway C-c>iii|iaiiy sliall ami will hvpii na le'Brcement. ji^^^^, ^^^ ,j||.^. .^u^j ^^j ,^^ tiii'rs liricaft. r Wfll ainl truly nli^tTVi', pi'ironii, fulfil hu<] k(i|i nil iinl . SI ry till' st ijiulaliniis ninl a;^ri'i'iiiciits licrriiilH'rcirf ciintaiin'il. an I wliicli Mh the |i!irl aii'l t»li.iit' nt tlic said (liaii'l Trunk Kailu.iy ('i>iii]>aiiv nt'cnnliM" I'l till' tcniir aiiij > tl'rct, ti-iic in'mt ami tiicaiiii);^ of tliis a^jri-ciMfnt fiuulii !m 1m' nl.siTvil, jM il'nni'fil. Iiillilli'il. ainl kijit ; ami sliall ii'it, nor will will'ully 111- iiii|iin|ii riy ln;,'l' i nr jurM'Ut lli" saiil (Ufat W't stiiii Ivailway ('mii- pniiy and tlir saici Nmt'i rii Kuilway ("(Mupaiiy, i>r > itlnr of tlii'Ui, in duo atil |irii)it'r u^r and iNi'icisr ill acciirdanci' wit li this a^iicciiirnt. cd' any 'd" tlic litn's. switflii's. sidiii;,'s (ir ii;,dit.s. I'fisiiiK'iK . nr jiriv il<'^i's tn which ihry nr liihcr dl thrill ar<' liy tlds a;,n'c('iiiiTit ciititlccl, m- tn which they nr cither cd' thcni sliall hy the' said Act lici'niiic entitled, and shall and will at all times lnTeal'ter do all tliiii;;s iiccosai'V <>n their jmrt to enahle the -aid iither ('nmpanies »(> uso the said pill tinii (if ih.' said (iraiid 1'riink line mi which, liy the terms nf this a^reeineiit the -aid iithei ( '('iii|iaiii' s h,i\e the ri;.dit tn run their trains, Incnmntixcs and cai - in the maniiei heieinl'clnie in that heiialf |irn\ ided. accnidin^' tn tie tenor .and ell'ci, true int' lit and iinMiiiii;; i>\' the-e presents. .\iid the said ( iieat We-teiii llailway ("iiin|iany heieliy ci>\-eiiunts to and with tile said < iraiid Trunk Kail way ( 'niii|iany ami tin said Northern llailwav ( 'nmjiaiiy, and each of them, that thcs.dd llie(ireat Western llailway *'om|iaiiy diall and will in all tliiiiL,'s mi their part and helialf, well and truly ohsi-rve fiiltii perform, and keeji the stipulations and a;4reements heiein contained, and. ^"lall Mnt nor will, in the use ■ ,[' tne said (irand Trunk line nr sidiiies nr of the tracks and -idin;;s to he constructed or jnintly .ised as afnnsaid. wilfully nr im pmpefly hinder nr nlistruct the just and reasmiahle u-e iheienf hy the sai i (irand 'i'ruiik liaiiway ( oiiijianv or the said N'nitlieru Kailway (."ompany contrary ti tlie '.-je intent and meaniiii: of this a;,;reeiiieiit. And the said No'thern llailway <'oni|iaiiy doth liereiiy covenant to aiii with *he said (irand Trunk Kailway Company and the said (ireat Wesii m Kail way Company ri sjHctiv ely, tjiat th.' said Northern Kailway Company shall and will in all thin;;s nn their p;it and helialf well and truly oliserve, perform, fullill r.iid ki'fp the stipulations and a;^rreeiiit'iiH therein contained, and shall not nm will in the use of the said (i-and Trunk line or siding's, m- of the track ami sjd in^s to heciaistructed or Joinlly u-i'd as aforesaid, wilfully nr [niproporiy hindei or (distruct the jirt or ivasonaldtMise tlieriof l>y the said (liand Trunk Kailway Comp.iny or the -aid 'ilea* Western 'tailway Company contrary to tlie true inleiit and meaning' i;'' this ae;reemeiit. And lastly, it is lieiehy further ajjrced hy and hetween the saiil Railway Conijianies parties hcrets, that each Company shall have power at an\ time heieaft 'r, ;o i staMish and work any pusseiiLjer and freij^dit station mi the north side o'" Ksplanade , Street, eas; nf Hay Street, that it may stiect, and sh;di have .uuhovity to purchase Ir.nrl for the same, and shall e ,it lilicrty to cm.ss K.>i|dan ado Street to such place and in such manner as may lie necessary for poiui nieiii access t(/ such station . provii'-d always, tliat no such crossing' or access shall, in any wa\', interfere with nr i'lcoir.eiiience any crossing,' or access to the station ''founds (;f the other. 77 IN witness wlicrcul", the sai'l vvmil Railway ("ompanii-s liavi' hnvmitn -,ot ISr»l. til ir ri'-tpcetivi' Cornnratr Si-ais, tli<> cjav aii'l vmr tir^t alM.vr writicii ■ • • 22nd Decenihei S' ilfil witli tile ('oriM)rati' Seal df iln- (iiaiid 'rniiik l{ailway ("niii|iaiiy liy tlif lion. .lanics KiTricr, win) al the sanii' tiini' aini in my pn-^iMici' iiili\ - lT''il till' >aM|i' nil lii'liair 111 I lie ■~:\\i\ (' iM|iany anil allixiil lijs simiaiiiif lIli'lTto, W W MVWUIi.ll I i>f'ftle(l witli llir ( 'iir|"aati' Sial dI' til"' (irt'ut W'i'sti'i'n Railway ('niii|iaiiy h^- the Hi)n. William Mc.MastiT, wlm at tin* sanii' tinii' ami in my iircsi-iici' (lili\ i'hm! tin; sami' on lu'lialf oj" tlic wiiij Company and atlixnl liis si^jna- ti.vf thereto, ( JKo. I;. SiMiH.t.s. Witness to '.JLjnature of j Frederick (Jumlierland, J. P. M.u:i'Im:iis c. W. .Ni( M ASTl-;ii, ( ( .i|.Miiiii> s.ii ..t t,i,,ii I'lininiiali | \V.!.i.in I; lihv.iy C... Witness to the sijrnattire \ of Thomas llumillon, (JKo. \\. llAMII.lON, I K CrMHKHLANI) Mana-in<'- Diri'itia , N. \l Co. ( t'orjii irate Seal i>l [ N'liitlii'rii K;iilwMy (,' I'llC) 1 1 A. Mil TON, Secretary N, K. Co. Contirmed liy statnte 28 Vic. cap. .'{4. See pa^'e 7S, I JHO.'l 18tb March 78 AN .\i T tu li^,ili/c :iii|>laiii|i !•■, iim I I'ni'Milirr |iur|Mi-«cs iIhtimm liiclitii llllll'lj Prekmble. Afrroi'ineiit fA-^rllI..| Id iMli M.iicll, iNGo. W II I!I!I*iAS iiii .ixiiiiiii'iil. Iiciiriii;; 'lati' tli"' l wi'iity si'coikI diiyol' Dcfciiilni ill I hi' y.ir iif ( hir Ldi'l nin' tlniiisiiinl I'i^lii liiiiiiirfcj jiikI sixly-t'niii', lias liccii iiiaili- 1" I w I'M till' < Iran 1 Tniiik llailway ( 'iiiii|iaiiy nl' ( 'aiiaila, tlir (iri'nt Wcsti'in Hailway ('"inpaiiy ami tlir \i>rilicrii Kaiisvay ('(iiii|iaiiy ol' Caiiaija, f(ir tlu' si'tlh-iiHiii "f iliiliTi'Hci'-,, ami In ilctiin' tlir iii,dit>, |)ri\ilfi;cs ami i)l>li^al ions of tilt- M'Viial ( ' pa nil- towiniU lacli nihrr in rispcct, to tla- Ks|ilaiiaili' in f lie ('ity of Toioiiio. ami till' iix' tlii'ri'ol', ami tor otlnT ]iiii|iosi's iliriTin srt forth, whicli ^aiij a;,'ri-i'imiil i-. set oiit in tin' >-cli>"iiilc to tliis Ad ; ami wlirrcas tlif --aiil Com paiiii- lia\c' pi'tit idticil ili.it ilir -ai'i a.;rri'iiiriit may Im' coiiliriiircl. ami it i> • xpi'ijiiiit to maul llir praytr of tin- -aiii pc'i itimi ; Tln'iT'orc, Hit Majfsty. Iiy an. I uitli till' ailvicc ami couxmiI of llir [,i'o;islati\ i' ('oiincil nml As>ciiilily of ('!iiia>l:i (.iiai'ls a-' f' illow s : I Tlif --aiil a'^rmmiii lirariiiLf dati' f ln' i w ■iity-'-icoml i|ay "t I 'i riinlnr. in bAwffn it'ri.im ilM'\''arof < lin' !,uiil fiin- tliciu>aiiil ri^lii liuinlrcil ami sixty loin ami wliicli railway cc. 111. |,,iiiis f|i.- -,c||,.,|iilr to iliis Act, is ii. r,ii\- ci aiti nm 'I, aiai all aihl sin_'ular the pr.- latii.n t'PH-i u \ i>i.. IIS. stipiilat lolls, coviiiniits ami ai:i'rcihciit- ami oilii-r mnttiTs ami tliiiiifs in n»'lo c<»ntiriii.il. 1 1|,. said auririiii'iit coiitaimcl, slial! In \aliil ami liimliiiL: upon the said si'\('ral Hallway ('oiiipaiiii's aicordimr to tlir ti'iior ami rll'icl of lln' saici a^riiimMit, KKplanaile i.tre.'t -• I>-*|'litnadi' Si i . I shall Im' dn iii'd a piihlir liiL;li\\ ay, ami it shall and iiia\ t(i ij.' deerned a li.^ lawful for the ( 'oiiioral ioii "f tlir ( 'ity of 'roroiiiii, ici nraiit to tin- said scvfial »nd'railTftVo''m 'i'''i'^^"y ' "oiiipaiiirs. a ii;.dit of way over, upon an'"! uiKiii the Toronto Esplanade, all and smeular the rights, riKliiH, i-tc., easements, pi iv ilexes and powers in t he said aL'ri'''nieni nieiitioiieil , hiii the x ait h ""l'"'*'"'''" '^« twelirv-seven feet six inches of t he sa id siailll fort V feel of the said Ksplaiiadr •ffrtH'nieiit i u V -i i . • i i . • i r i > -hall, lor railway purposes, he exelusiNely iise.l and en|oyec| hy the ^aid (Jrand Iriiiik Hallway < oiiijiaiiy, as in the said .i^ieiiiient nieiitioiied ; |no\idei| that nothiii;^ in thi- Act nr in the sa d a^jreenieiil cont liiieil, shall he uiiilersiood or ProviKO. f. uistnii'il to erant or cmivey to the said Hailwav ( 'iaii|)iinies or any of them, an • state ill Ce.' in t!ie s.iid l-lsplanade m any part thereof, .spacr- l)*iu.pn +. It shall, from time to time, as the same may he rei|uired lor jiiihlic ii^, coD-triKtH"i by '■'■ ''"' ''"ty "* the saitl Hallway ( 'oiiijiaiiics. at tlair own expense us hereinafter roiiway cm- speeitied. so to constriliL (lie spaces lietWeeli the rails and lietwcell tile t|■ack^ iuiti'.7.-ut fi.r'* '""' "" ^'"' ''P"*''"* "» "•"' '^\<'>" f'"' southerly tifty-two tVetsix inolies— (the (h-mid cnwinir »i any Tniiik Railway ("uinpaiiy as (o I hi' south tweiitv-scvcn tVet six inclies, and tiie point. Mil' I l.l-.ik h.- M lllld ' ri'i.-ii 79 Mill tlir<'<' ( 'nm|iilllii'^ lis t(i tllr t WrIitV tivi' t'r.-t Il-Ttll 1 1 |fl<'< if )— ;i- s|ial| If 1 S(!,'» III', licr ami '•iill'u'i' lit lor cfns^iiit; tin' s.iiil laiK iiikI tiMi'k^ at .iiiv imiiit. hihI -linil ' 1 . .1 ..II 1.1-11 I II 1 ■ 1 • I . .1 ii'tl' Mnicii Ml I .iiistnii'l till' sMiiif ii> to till' |i\il at w liicii 1 1 If siiiiii- 'sliiiil I"'. I'llativi'lv tn tln' :s v c m Tliiid Miil railN aii.l ntlinw i-r. ,'iii'ii stmii', |i!i\ iiiL; ur |iiiiiikiii;,', niiii as tn ili.' inaiiihi in '.vliirli tin- sami' ^liall lir ^ii cuiisti'iirii'il, MS ihc saiil ( 'iir|iiiiatii)ii nt' till- t ilv "i 'ruioiitu sliall a|iiirii\i-, Hill sliall alwiiys tliri-i'at'ti'c kii |i aii'l iiiauil:iiii tin- >aiiii' in an i-tlicii-iii --tati' "I rcjaii' uiMiii lint ici' fiiiMi I III' s,-ii.| ( 'ill |p. ii'atinii nt' tlif I'ity <>t' 'r"i'""'>"' ii]'"ii tilt' sail! ti.ii'k- or ii|imm llir swiidn's. m M|i'in ;li-- -aiil twi'iity tiv-- fi'i-t, a'ly I.',',>?i',',',?^', Vrainii li'iin-', cars, rri'^iiii--, luali-riaU, a]i|iliain'i-- stuci,, |'i'i-i_'lit. ^.mhIs. nr ntlii'i' tliitiL:-, i-tc. tn n-iuain olini- tliaii tlin-i- en-. i-iii;ini- ami Iraiii-- rii|iiiivi| t'i.|- tin' |.iirii.i-i-s .,1" tli.-ir t rail.- jj"'.',','j"*"'" "" w illi till' ( 'it\ lit' 'i'liiiiiiln ill liiailiiiLi iir iliscliafi^in^ fri'i;;lit aii'l t'.n iKi-si'iim r Ir.iltit' noi' t'nr any Idiihit tiim- mT nioi'i- riiijUi'iii l_\' nm' oiln-rw isi- tlian sliall ln' iiK'i'ssary t'nr such ]im-|iiisi -, nm shall iliry liiscliar;^!' ur Unluail tluir i-irs mi any (ttii'i't <»n)ss'n<,'. (1. In till- i-\int lit' ilillii'i-iici's arisiliH- at any tiim lii-twfi'ii tlir ( 'iir|iorat imi M.ittli'iiK'ni nl nl till- ('it\' 111 'rniniilii aiii| lln- saiil liail\s-'\' < I'liiliatiit-s a- to tin- jnairm ', '''"''''*""^'''' ... - 11 . 1- - 1 . 1 11 ■ 1 • • .-I 1 "" Ill-tWli-ll cnm iitilnaihii;,' III' iji-cliarnni;.,' Ill liri^jit ur i In- all.'i,'i'il nH'niiv.-nii'nc" nt tin- plari's |,|,„|,..,,j,„i ,„r w iiri'i' till- saiiii- is (-iimiiict'il, I ■)• till' tiiin-s aiiil iiianiit-r of •loini' -o, ur aiiv o| hi'r i;"ri»ti'ii h-. u> I • • • .1- i- . 1 .. -11 ■ !• liM'Imri/uiif if iilisiriii'tions aiisiii;; mil III any nt tin- matters or cau-i's m iln- la-t Iiri'd'Oiii;; i>ei^|,i Mi'tinn mnii inrii 'I. iIh' -aiur -liall In- -.I'lth'il liy rit'"y bi • • . run s) 1 than four mills an Imur, niili---- |irriiiitti-l -n to 'hi liy hy-law nf llir sai lUiU April Oraiit. Citj- to Railway Cos (iiivNi 'I'm: Cm or '|'..i:i>ni(i th ihi: Chand 'I'urvK. Hukat Westkhx wh NoiMiiKKN IvAii.w \v ( 'c)\ii'\Mi;s l).\ii:n IHni Ai'im., ISti"), M.\i>i: i.\ Pi u. StA\( K oK 2H \'. ( :'4. THIS INDKNTI'UK nuvh- tlic niiictccntli < ity III' Tm|iiiiIii, di' til'' tir-l |i,irt. llir < iiMinl TniiiU Railuny Ciiinpaiiv of Caiiii'Li, mi,,w.., ..u= ,,|' till' siToiiil iiait.llii (Iri'al Wr^liiii i!ail\va\' < 'miipaiiv "1 tin' lliiril |)art, ini'l ofrlKhtotway ■ v- > !> -i ,. .• , . i !•' . i r .1 ^ on EHpiiiiiartc ilif Nni'ilirni Uailway ( niii|iaiiy (it ( anaila lA tlii> tdnrtli part W'llKKK \> liy a ci'i'tain Act nl' tji.' rarliaiiirni nf ( 'aiiada passrd in the twcntv- i'i;;lith year i>t' tlic li(ii;ii 111' (,»uciii \'ictiii-i;i, ciititjiil 'An Act tn legalize aiid ciiiilinii an a;;;rcc'iiifiit iiiailc lictwii'ii the (iraiul 'I'laiiiU Railway ('oiiip.in\' uf (.'aiiaila, tlir .tfrn llailway ('iniipaiiy, aini the N'ortherii Kuihvuy ('dim- pany nl" ( 'aiiaila, rclatiu;,' to the 'I'oronto Ivsplaiiadc, anil t'of otlu'i- piir[)osc.s tlicri'in iiicntinind," power was ;,'nintcil to the ('orporalioii of the City of 'I'oronto fn convey to the pai'ties liei'einafter ilescriheil of the sccoml, thini ami fourth parts M ri^jht of way over, upon and alonjf twelve feel si.\ incho-i otf the south part nf Fsplanad" Street from York Street to the easterly limit of the said Ksjilanadi' for Kailwav pui'pose-;, which said li^lit of way the said < 'oi'porat ion is willineaiid has determined to e;rant. Now this inilentnir witne^selh that the s.iid C"orporatiuisuaiu f the said Act of Parliament doth hendiy ^q-ant unto the said several Railway ( "oiiipanies, parties hereto of tlie second, third ami fourth parts, a ri;,dit of way over, upon and aloiij,' twelve feet si>: inches in width off the south part of Ksplanade Street adiojiiin;,' the northern limit of the south forty feet of the said Ks|ilanade, and exleiidine- ahai^ F]splanade Street from Ynrk Street to th" easterly limit suliject also to the furilier conditions that tin sai'l Railway rompanics parties hereto, shall not nor will any or either of them olock up or ohstruct any of the pulilic streets or Ciossin;is le,idin;f over the Railway Tracks to the wliarves or water frontage with any trains, cars, eiiLrines, materials, stoek, .'''-ciKht or nthir Railway appliaiiC'S, To lia\i' and to hoM ihr same unto the said three Rj'.iKvay Companies, |iar ties of the seciaid, thiid and fourth parts, their siiccessia's and assi;;ns, to ami I'oi their own use fore\ er. suliject to am! for the purposes .ind u|iom the terms ami condition-- mentioned in ilic> >aid Ac: of Parliament and in tlu' said n;,'reement. And the saiil Cranil Trunk Railway Company ilo hereliy covenant an(j aj^rit with the Corpor'tioii of the City of Toronto, that any person or persons owniii:: or leasint,' a whr.rf or wharves south of said il.planade, may at any time lav dowr and construct fidm the south siile of the (ir.md Trunk i^iilwa.v a sidiii;,' or switch and connect the .same with the siaitherly track of tiie (iraiik 'i'runk Railway. PnoviIiKD always, liowe\er Miat the said sidin}; and switch shall liefore heiii;,' laid down and constructed, he sulnnitted to and a]ipro\ed l.y the saiil Craml Trunk Railway Compniiy in writin;;. AnM) fuiiher that the said siiline- and switch as to its use, shall he under an.l suliject to the exclusive control of tlie said (irand Tiiink Raihvay Company 1 th.' 1,., M Am> fticli lit' tile said IJiiilway ( '(iiii|i,iiiiis. |iaitiis li'i'rto nf tin- sicnu'I, tliiril 1 H<»."i aii'l t'niirtll jmit^, (In licfrliy , iVclllllll \\ i ll llli' ( 'iM|i IM t h ill i if t 111' ( "i t V ( il' 'rnii illli i I , .li^crvc. pi'i rurm aii,ii' I < 'niii|iauii-' Ani> I'acli III tliriii ilnlli I'lntliii- (• ivciiaiit In ciiiiliii-t llnii- liii'-iin'ss u irli tin- ^.li'l( 'ity nf i'lilnhtii ll|inll tlir said tracks nlld switidii-^ ill al! ri'>|irl'ts so a-< tn 111 diici' as lit til' iiicniui'iiii'iirf t'l till' '^I'lU'i'al Iratlic mi K>|ilauadi' Stri'i-t and ntluT str lis lead i Hi,' tn tli" what \ i-^ a-^ is |ira('i ir ililc nr can i rasniialily Im' r\|ir('ii' I finm tl ■ 111. Ami lllr said ( 'i ir|inral i' '11 ni' tlnt'itX nf 'rnli'lllndn llrlrliy fnl' t I H • II . si dvi's airi ilirir siiciTsMH's, rii\ iiiaiil willi llic |iaitiis ..f tin- s.ennd, I liiid and i'niirll parts i'(-,|ircti\cly, that tiny llii' said iiaitlis shall, and lach nl'ilniii shall, fnr tin iiiir|ins('s ill till' sjiid Act and aufi riiH'iit iiii'iit ii iind. lia\ i tin' i|iiii t |iiississinii and (■njnyiiii'iit nf till' said i ii,'lit ami i- isiimnt Inirhy uiantid. Ani» that, tiny, tlir siiid party nf tlir tiist part, and ihric siu ssnfs will, npnn thr ri'ijUi'st and at tlir ('lists and char;;rs ii|' ih,' said partirs nf tlir srcnnd, tliiiii and fniirth jinils, niaUr such nthcr fiiitlnr acl and ilnil, as ina\ hr incrs^ary fnf tlh full and pinprr cariyini;' nut, i>i tin- siid Act and auirrinnil accnidiiiL; tn thr tiur iiilriK and iinaiiiiiL'' tlinrnf, as tliry thr said partirs nf the srcnnd, third and, fniirth parts may nasniialily rr(|uiir nr hr advisnl tn lia\r dnnr. And lastly, thr said ('nlpniatinu nf thr City nf Tnrnntn, fnr tlli'liisrlvrs and tlirir successors cn\i'iiaiit with thr partii > nf thr srcnnd, third and fniirth parts nsprctivi ly, that tin- tiinr inriitiniird in thr said aj^rrciiicnt fnr tlic cninplrtinii nf thr sidings thririn inrntiniii'd. shall hr cxtnnli'ii tn thr tirst day i^if .finir. imw nrxt cllsllinir thr ilatr hrrmf, 111 witness whi'irnf thr said C(ir]iiiratinn nf thr City nf Tnrnntn haxe here- unto ailixi'd (hrir cnipnratr seal, and si^Mird thr saiiir hy thr hand lA' Francis II Mrdcalf, Ivsi|uirr, Maynf nf ilir said City Cniiiitn sionid hy Andirw 'I'. McCmd, Esi|., C^haiiilirilaiii nfthr said City. And the said irsprctive Hail way Coiiijianics parlies .MI■A^^ l>.\TKI) I.tiii MAV, isdd, Foil I'l i;( IIASi: OK IMo.N sTA'I'loN SITK. I.S(i\ \\.\\ . in tlifvciirni iir . ■ * ' ^ 15th May l,nii| (>\ir I Ik iii-Minl i ii;lit Imii'lriil ami >-i\t\-six. AKreemeiit Cily . ,■ i ■ ,. i >• l- -r c i • aiuKi T R re \\\ aiKl lnIWr.li lln'( i him .rill loll nt the ( itv i >t I urniiti), ot tln' first I lit Union Station i i /. n i , • i- , • i' i- . i i . Site. aiKJ iIk' (intii'l hiiiik Ikiiilway ( <>iii|iiiiiy nt ( aiunia. nl t lie scconil part. \\ ITNKSSKTII liiat till- sai.l )iaiti<'s have a^^rccd as t'nllows, tliat i.s t. -tv Tliat lilt" party i>|' tlif -,cciii. I part hci'ciiiartfr callnl tlic (.'niiipaiiy liavc iij^'ii ci tn purcltasi', iiii'l till' parly ol' tlic tiiNi pari, lii'ii'iiial'lcr ciillcsary, thf pirsi'iit L;raiit wliicli they li id of till' sniil Watir Lilts in s,, far as it nlatis to tin- alioM' ilcsci-iiicil lamls, mi conilitioii that till' I'mwii will ■j,vn\\\ llir saiil lamls in I'it to thr < 'it}' or the (^oiiipany as may hr tlioiii;lit hrst 'I'll AT in pasi' ihi- patiiii is^iirs li thr (.'oinpaiiy ilir.'ct. thfii flu' (^oinpanv will txcciiii' ami ildivir to tin' t'ity a niort;^aL;i' in fi-r with thr usual cov I'liants, Imt comlitionr'l fur payiinnt in all n'spi-cis thr saino as thi' iiinrt;;a;^i' lu'iciofoie ;'ianliil liy thr ('miipaiiy to fir ('ity fm thr lamls luini^rht hy thr ('oin|iaiiy fiDiii thr ( 'ity. ainl known as thr Koiiml ilousr Hlock, tliat is, that thr ('oiiipaii\' pav- ing' thr iiitrii'st at thr latrot si\ prrcriit. p.r anniini half yrarly, thr priiici|iil iiioiiry shall not 111' ]ia\ alilr in thr option of thr ('oinpany until thry eloL-t to lin HO, f liu romlitioiis, pio\isioii> ami st.ptiliitiiuis in this I'rsprct to lie tlm .same as m tlir mort:,'a;;i' irfn irl fo thr patrih to contain romlitions that the lam I in ipirstinn is only to 111' usnl for a l'assrii;jrr 'vailw.iy Statimi for thr ( 'ily of 'I'monto. In casr thr nrw ^N'.iiit is^nrs to thr ('ity, tliry air to ri'il with tlirir works upon tin- -aid pnnii-r- Tin: rti'rct of this aurrrmmi shall \<>-. that upon and aftn il xrriition lirri - of the ('oinpany will hold iimlrr this a;iirriiiriit only I'm; ('iiin|iany a^ii ■ to -iirrmdrr fo thr ('ity any Irasr or Irasrs thrv inw liold ami that thr io\ i iiaiit- ir-pirf inn' ^'i'' pii iiii-is now Inld li\' lioth partii-i hriitii, and to said Irasi- or Ira- - an hy thi- aiiirrinriit rmlrd, ami all liahilitv ni eitlirr |iarly tlnri'iiiidir is hy this a;;iirniint aNo drlnininrd and i-mlrd. KA<'II of thr ,ilio\ !• partir- hrlrfo rii\ rnaiil- Mild n^in- with thr othrr to ahii. hy, pirfoiiii and kn |i thr alo\r a^rrriiiriif ill all iisprr(>^ aud to prrloriii tin' saiiir. It is ai;ii rd a I -o that :is thr alio\ r ilrsriilinl land is to lie usnl for thr piirpo-.- of a passriij^ri' station, that ihr ('oinpany ami tliusr Coinpanirs who niity iisr th" fi-i HR.W . yaw (if nr • tii'M ] n't t. f is t'l •-ly I'ity, liiive jfCt tu ll|»» i,llr ('it\ ..f irk Strii'ts, j|l"iiit diie coriilitiniis ■s; that I lie i thoy Imld IuiiiIm. iin ty or tlie (/(»mi>!iny (•t>\ ••tllllltH, heretofore laiiy from piiiiy |iay- liriii('i|i,il rOcct to ii(i -iiiiif as 111 1 <|Uestiou iito. free (rum respect s, ilo (III the s tlatf till- with thiir tioii hfi' - th('\' iriw til pHiti. - iiiiility I'U •r t(i alii'i' rl'onii tilt' \- SI station iiiny and -hull liavo thi- ri^ht to cr"i«-< K^pliiii tdc Str.t' with tlidi I H<»<» ti, i^- a^ (iftfii aii'l ill llir iiiauih 1 i ((iiiircii fur the |iiiiiiir wmkiii^ nf the Ir.ithc isti, i«av ill iii'l out (il the siiiil ■-ijiti'iM ill the liin^t ailwa\ y'""" station I • ■ 1 1 • 1 ■ • 1 ' 8'^*-' C(.lii|iaiiy to filter i1|i(iM tlir sl.ilK'll 111 I liM-tcii niiiill the >ai'l |irellll>-e>« Inr the iiiii |iiisos of iiiakiii;^ the -.Mine a teiiiiiiial stati'iii at T(ir"iiit(i: tlii^ |iii\ ihi^'c tu lie iM\ . II oil siicli tei'Mi-- a> Id rent ami otherwi^f a> ^aiil ( 'iiiii|iaiiy aiiij *-iieh ether ('. iu|iaiiy (>i- ( '(iiii|iaiiie- may a;^ree upon, or dii failure <<\' aj^reemeiit as may he ti\' il hy nrliitralioii. l'ltit\ii)Hi always ami it is expressly declare"! and a;,free(| that while the Cii\ will liy all re.isdiialile acts assist in nlitainin;; the said jiateiit fidm the < 'idwii in the idiiii III cesNiiiy tu the caiiyiii^ 'Hit ..t'the said aiireeiiieiit in its trvie spirit till. I nieani lie. still the Company assume the whole trotihle ainl expense nf ;^(ttin;j till' new j latent from t he ( 'inu ii, dr nf siu-li heislatidii as may he found neei s>aiy ill case lejiislatidii has td I,,- n >drtid to, and that in ease of failure td l;cI I ho patent in a fdini td authoii/.e the carryin;^ "Ut of the sale in the manner almvo ii-rced upon, (ir df Ifoislatidii authdii/iii;^ a Cdiiveyance in aecdi dance with the terms d|' this jieicrmeiit. that in siich case this a;iiTemeiit shall cease and he vnid, Mild each party shall revert td their fdriiier pdsitidn as it was hefdfe this aL;ree- lie lit was made. An'D ftii-ther that the pros i-inns df this aL^ii. iii,.nt >li,ill In- carried diit uith nil rea^oiiahle dt'spalch Am> further that iidtliJUM in tlijs agreement i .niaiiied shall he taken as cm - V. vine the idea that the morteaj,'e iidU lieM li\ Mrs ilancdx, nf Math, in this Prd\ ince, (ir any ddid- jieisdii dii (Hie nf the Water i.di>, a part ot which is cdVere(l ii\' this aoreeineiil, is t i he paid li\ the ('dinpany. di that the said iiiurt;;"}!'' forms any part df the ^aiil cdi side rat inn nidiiey, or that the ( 'it y are iliicctly or iiidirect- \y. "f in any way lialile t'di' the saiil mdrt;^,ie(v ,,v any part theicdf, or that they (liicctly or indirectly assume any respoiisil.ility in re pect therodf m- df ,iny part tlieicdf. Hut nevertheless the t 'dinpany covenant \\ .tli the City to save the City liiiiiiiless ai,;uiiist the sai(| iiiorteflec and all monies payahle thereunder or any iiiort;XH>,'e dii said premises whuever may have sann . Ami also tliHt hefore this ;ijrreemeiit is deli \ el (d the Com]iany do pay all rent upon any part of the -^sid Loidsheld hy them as tenants to the date hereof. In witness w heis-nf i\\v said parties hereto have hereunto allixed their respect- ive c(.rporate seals the day and year first ahove written, .SipK'l, sealey vwv. I'nkin Siaiimn Smk. O. T R . ol Union Stntinn Bito 1 sns TIMS INDKNTI'KI'; iiiii'li' llli^ iwcnty iniitlMliiy ui' l-'.l.niMiy in the v -ar III' (iiir L(p|il • . !■ . i ■• ^ »' i ^i < ■ i 'i' i > -. Oraut. City to < i ir|inraf n ni ol thi'lilynt I (noiito <>l I lie Inst |iiirt, ami tlif ( iniiiM li'iiiik L nl \\u\ ( 'i iiii|i;iiiy 111' ( '.'iii;iil;i nl'llir -ituihI |i;iri, W II I'llJl"] \S liy litti'is |i,ilriil iiiiiliT lilt' oicHt seal III' till- latf ProvinC'- n^ ('iUiail.i. Iiraiiii;; liatr iIh' t wiiitv lii'st ilaynj' Kcliriiary, ill tlie yi-ar (if mir Lip'' 'iiii- lliiiiisMiiil I'i^lit liiiiiijiiil ami t'liilyall ami siiinjular ci'itaiii pai'CcIs nr tr.ict^ III' lami eiiVfi'i'il with ualrr, sitiiah' in rnnit nl' llic City hI' Tiudiitii, ami alsn all tliiisi' jiart'fis IIP strijis ol' laiul sitiiiiti'il lictwccii llir lii]i nf tlie liaiik ami tli^' watiTs cil^^c of till' liay. situatnl in iIm- t'ity nl' Tniniitii, ailjoiiiiii;; to tlic ^aiil watiT iot.s, ami wliicli uafiT luls, lami t'ii\ t'lcd wiili watir, ami strips ni" laii'l HVi' iiinri' |)aiti('iilaiiy iiniil imiril aiiil licscrilH'il in ami liy iln- saiil litti-rs |i!itriit, wi'iT ^n'aiitcil til the sail I City ul' 'riiiiinln ( tlic parly luTi'tu nt" ll.c first part ) iii't its siicci'ssiirs I'lir r\rr, nmli'r tin- ri's^rv atimis liiiiitatiniis, uses, trusts ami cnipli- liiiiis tlicri'in ixpii'ssnl, tn have ami tu Imlil tlir saiil parcels ami ti'iicts of lainl lliii'rlix ;^i\i'ii ami Liianliil tu tlu' saiij ('ity nl' Tnniiitn, anil its siicci'ssors iiiri'\rr, iipiiii trust ill till' lirst placr, ami tn ami I'nr tlic uses ol' tlif City nl' 'I'oriiiito, ami rrmii tiiiii' tn tiiiH' tn Irasr anaiil ai,'reeim'nt it is aiiinnnst oihir thiiins recited that the partirs to this indeiitnn' and In s:iid aniieiiient of the srcnnd part has a'jreed In purchase and the parties of the lirst part, the said jiaity hereto of the lirst part , has agroetl to sell and Cnii- \ey siiliji.ct to the cont iiiniiu'y : thereinafter in said .•in;ri'i'iiii'nt mentioned, .ill that part of the water lots in the City of Toronto north of Ksplanade street, ami situate lietweeii Simcoi' and VorU stn-iis. the north line to he a parallel line m Kioiit street and to he lixed almiit oiie hiimlred aiiil fifty feet south thereof, u]i 'ii the terms and siiliji'Ct to the Conditions in said anreeiiieiit expres.sed in rcdati 'ii SA M',S nih February ;V, KAi; I) ill the v.'ar "tWt'l'Il tlU' iiiiik Kiil I'roviiic. ,J r iiiir I, .!•'' 1-- or tract'' mill alsii al' iil< iiiid till' t(P tile -lli'l i|is nf |,||| II and ci'ii- itioned. .JI street, ami llel line III •reof, 11] 1 III in relati n till!. lo tliat llie |iiice fur llie siiiil lauds .hoidd lie t\\riii\ ilimi-aiid c!o||ar>, tliat til, aid iiiirrimsi' nion(\- -liniild In- secured li\ iii((rt''^a;;e immiii tlie said |ireiiii-Ms 1 1 1 1 » e • 1 i* ' -11 .1 iviii rvuruai Wll tile llsllal (OV tlia.lts, liUt Collillllolled tol payilielll III ^\\ I I'-pects I lie same Oram CltV to (IS I .<■ iiiorl;,'a^e liiieiofore e;raiited liy tlie coiniiaiiy, I lie |iarlies lieicto of tlie ^j^^jj^g,,^"'"'* hcfiiid part, to llie |iarly lieieti) of llie tirst |iail,for llie lands liiine;|it l-vtlie siii'l coinpany from tlie party hereto of llie lirsi pari, and known as ihe Kound IP ii~e liiock," thai is, the company paying the interest at the rate of six percent. 11, I iiiniim, half yearly, the principal imaicy should imt he payahle in the option , if I i, company until they slionld eleci to do so, the condilioii'-. provisions and ^Ii| iiLitioiis in this reaped lo he the same as in the niiirt;;ai,fe alio\'e referred to, tli, land ill i|iies:iiai only lo In- ii-eil for i pa-seu^er railway slalioii for the City 111 Tmoiilo, tliiit the company ini^lii iii mice i.ike possession, and that from the iliii,' of said a;^'reeiiieiii the '■aid inleii'st should he payalile. and the conipany iiiiuht "t once proceed with their \\ork> upon the said |irenii^es, that the etl'ect of the said llame ,\iii| it was also aereed in and hy said aeiceiiieiil that as | he al ov e de-crilied land w.isiiiiil is to 1 e Used I'l ir t he pui|ioses of a |iasseiij^ir st.ii ic in, t hut lliecomp.iuy inid those companies who may u-e the saiil stal imi. mi;,dit and should have the li-lil to cross Ksplanade siiici with tlieii irack- as ol'teii and in the manner rii|iiire(l for the ]iiopei wmkin;;- of the Inillic in and oiil of the said st.ation in llie most safe and ccniveiiii lit manner. And that the -aid company aureeil that tliey would permii and ,illow any other railway coinpaiiy to enter upon the station to he erected upon the said |a'eiui.ses for the purpose of making the same II terminal slat ion a I 'roionto , this pri\ ile;^'e to he ;:i\ en on such terms as to rent and otherwise as said company an>t' tlh' si'cmihI |inrt.all lliiil tract iiikI paici'l oI' I iinl in t||,. ('it\ mI' Tnr.iiilu sitimtc aii'l iMinii'lf.l mi ilic ■.niilli liy tin- imrtli lim* i>\' '\,f OraiIt'^CMl>"to^ 'l""l"lltM lv.|.|llllll<|.,..Il th.- .Msl 1,_V VnlU ■>! I t, oil til.' Wf-t liV Simcor sf| | nil g T R oi Uiiinii ,,|, ill,, iinrili l.\ .1 liiii- ijrawii I'mm mi iimi |Mi-.t |i|iint<'i| nii tin' wi'st .siili- nt" \ ■ |< stn-ft t'l Siiiir'"' -t reft, ill a i|i-tiiiicf nl' mic liuiiiln>l aiiil lilt y t'fft niciri' nr , ,s t'i'oiii ill)- siiiitli ^iijf lit' Ki'iiiil >l (Miy |iirl iIhti'iiI' In tilt' parlii's nf i ,. sfcnmi |iail, tlii'ir ■.iirrr'.siir- ami a>*si'_'iiN, tn llirif mvii iim- Ini" cvrr, |iir llii' piir- post's iiniit i'liii il ill till- >>aiil ajiriliiiiil A\l> it is iiImi iiiiitiially (•i>\iiiaiili'il ami ai,'i'i'i'i| Ky iiinl liftwirii fin' |iirti.-. Iniitii. iiicli t'lif ilii'iii-M'Ki's ami lat'li i'ur tlu'ir siieci'ssdr.- aii'l a''iNi;iiis in tin' iiiiiu- III r I'mIIiiW ill;;, that is In >n\ : l'"iist. — Tlial llicy, tlu' |parli.'s nj' tin- lirsi piiil, ainl tlii'ir succi'Siors iml assigns, sliall nii'l will a' any t iim- ami at all tiiiii-> ami IVdiii tiim' tn tiiiir, as (ift> n as slia'l III' ri'i|iiiiii| liy tin' parties uf tlii' srcnml part, tlirir siicn'ssni's ami assigns iiiaki'. i|ii, anil i'MtmIi' any ilncinnint, il I m iiisiriiini'iit. it will ;;i\i' any assi>t- ancr ami lin all anliiiiai|i' street, inthisniil ('ityol' Tni'Diitn, west of tlie e,ist sii|e t>i N'ni'U sfici't at'nicsaiil, all ami as many railway tracUs as they may think necessary, ami as may i'lniii time tn time he ri'i|niii'il liy thein nr hy any ntlnT railway cnnipany iisiii;,' the slatimi tn 1 lecleil u]ion the saiil preiiiises for tin' purjinsrs nf the ciinveiiient aiil safe ami easy iiinress ami e^^ress til ami frnm their saiil station so tn lie luiilt llnrenii as afmesaiil. 'riial the purties of tin .si'cnml part enveiiant to imleinnify ami save liarinless the party of the tirst pari fmiii the llaiicox nioit;,oii,'t in saiil agreement iiientioiioil. In witness whereof the saiil parties hereto have lieieiuitn atHxud their otJiciHl t'orporato seals, on the ilay ami in tiie year tirst almve written Sealeil ami ilelivereil in the iireseiice .\.i: of (' W. I'nolier, 1)\ the .Ma\or nt the ( "itv of 'roronto. ' I{ecei\eil oil the ilay of tlieilatenf tll'S Iniielltnie nf the p.irties nf the si'coml part, the siini nf '■ twenty tlnaisanil ilnllarsof law- I fni niiiiiev nf ( 'anaila .1 AM lis K SMITH. ( .Seal of Cit.\ Maynr \ of Tnrontn A T Ml (-OKI), ( 'haiiilierlaiii. Th In I I Fi liii, I ,if •>!. Share aft' I- l'i.ln| ('I'll -I -I •nh'iw - Cai'ii^ \\. in •■iii'i Sli;ir. l'i-\n S!> ill' pill I liny rniiipi I'lijiipii til isti whnse LilH' ,'i all I'll li;i\i' a rcspi'c tn tin- tin III I f.rii'l nr nth iiiannt I WiTXKss MATTHKW H 1II(M\S. Tninnto. A'.ituKMKSi AiKi> '2'>n\ l^^^ I'l Mvv lSM2 Hf.twkn IIIK (ili\M> Titl SK \\l> (illlVI \V| Willis KaIIW \V (iiMl'WIKS Tin I'i'i'l iiiiuli' till' 2')lli liny III M.iy \SS'^, lictwrrii 'riir (iiniiil 'rriliik KailwiiV I Mill I III! ly III' ( 11 1 nil la ill ill is Auiriinriil (•iiiii'ij 1 lie Ti link ( 'niiiii.iiiy " n|' ihr ■111- pail, ami TIh' (in-iil Wixiirn llaiiway < 'niiii'aiiy (nf (aiiii'la) in tliis Vijlri'llli III ImIIi'i! Till' Wi-lilh ('■ilM|iai«\ m|' ill.' lltllrl p.llt U'ln'rcas tin' I'aiiilal nl iIh' 'rniiik ( 'iiiii|iaiiy al lliT'lab nl i ln-i^ |,|i-(.hIh I.SM'i hri iinltiT calli'il (irainl Tniiik ('apilal ciaisisi-, nt" (In simis iiniitiniicil in flir Ki' ' *«cliiiliilr lii'i'ilii ill wliicli I'ail I. sluiws ||a< aiiiniiiit nl' JHarnWiil ' 'ni'ital ^gropinw'^oi li.i 'iial't.r lallr.l (liaii-l 'I'l link I'mh imw..! ( 'Miiitaj ami I'ail II. s|mi\\> llir aiiiniiiif (^^''^^i'^g" ',",;■)!'""• .if M.M'k 111 .Sliai.' ('a|)ilal ini'liiiliiii; Im.iIi I'nt'fiii ami (Inlinaiy Stm-k aii'l o w r Sliai'' ('a|iital wjiiili I'l.f.i . nc. ami < Ir.liiiary Sturk iiihI S|iar<' Cajiiial is luTi-in- alt. I <'alli'.i ( iiaii.l 'I'l aiik Slian' ( 'a|iital. Ami \vlii|.a» \)\r ( "aiiilal nl' tin' Wfsl. in rMiMpany nl lli«' ilal.' nt' tli.s,. |,ii -. hk lur.inari'i rail.il ( inal \\'.-|.iii ( 'ii|iital ('..ii i-i- ipj" llic sum- iiiciili .1 in tli. S.i-..ml ,S(li..liil,- In r.i.. in w liirli I'.n I I •.li..\\ - ill'' aimaiiii ..I' Hi.n ..w cl ( 'ajiil.il In i. imil'lc i ralliil ( ii .at Wi-tiin l!. .rr. .w '■■! Ciipi'iil ami I'ai t 11. -Ii.iw - tlir aiiiMiint nl' S|..i'k ami >iiari- ( "a|iitai inrlinlini; Iml li I'l' I'll III'' aii'l (li'linaiy Stuck ami Sliair ('a|iital wliicli !;is| iiiiiili.im'l I'itI'it- .•hc. .'iml ()|. iii.iiy Stiii'k ami Slian' ( 'apilal is li.'i-.in.it'hi r.iliiiM lii'til Wi sti'i'ti SliiH'- ('a.|iilal. Ami wliciia- umlii tin' iimsvit- rniit'iir.'il li\ an Ad nl' tin I'l'N imi.'il l,r;iis|atiin' nj' t 'amnla passnl intli.' Ililli y.ai "I' li.i Majisty ( 'liaptn Mil inliliiii'.l An Art t.. ini|Hi\M'i' any l{aii\sa\ ('..iii|'an\ wli..-.' Hallway rnriiis |iMii 'il'tlK' M.iin 'I'l link l,im ..|' Hailw.iy tliiiiii^iliniil llii- I'lovinc' n- iinili' willi iiii\ .itlni' siirli ( '.iiii|paiiy nr (n |iiir('liasi' tlu' |ii'ii|ii'rty ami liylits nl' any such r..iii|iaii\ ainl tn i .'jnal ci'itiiin Act- llni'i'ln iiiciit inmil ii i|)nraliiiL; Railway ("niii|iani>s" an. I liy aimtlii r Act. >il' tlic same yiar Cliaptir "<) iiititiil-'il ' An Act ti. . Iiicl ill.' |a.p\isi.iii- ..r till' iJailvMiy ( '..iii]iaiii.'- I'ninii Act tn ( 'niiiiiniii.-s wli'-. Railways iiilris.'ci ili.- Main 'rniiik Lin.' ..i l.. mil placis w liicli lli.' saiil laiM' alsn tniicliis " ami tin' Ads aim 'in I in;; .a I'Mcmliii;; tlicsi- twn Acts ami umlcr all nilnr Acts uml |piiwi'is (iialiliiii;- tliiiii tlic Diirclms n|' the Trunk < 'niii|iaiiy li.iM' ii;:i-ccil with th.' Diicclnis nl' ih.' W.'sii'in ('iiiii|iaiiy lliat tin' < 'iiiii]>aiiiis th.^y r('S|i.'cti\i'ly i'c|ircsi'ii| -hall he iinitcil as mic ( 'niii|iaiiy u|inn the liiiii- ami siihji'ct tn till' lunvi-iniis In rciiKil'ti T cniitaimil. Nnw tills.' I'li'si'iiis witness that each nf tin III I he 'rnink ( 'niii|iany ami the Western ( "niii|iany |iiiiMiaiit tt> tlu; powers con- t'err."l nil tllein hy the twn hist -llielit ioileil Acts nf the Itltll year nl' ller Majesty er .•tliefwis.' Imw s.it'Vii dn herehy iiyiee w ith the .itlier ol' tlieiii ami (In ileclai'e in iiiunmr t'nll.iwin;,^ that is tn say: — I. On ami after the 12tli ilay i>\' August l.SNJ ( which iliitc is in these pii'sent'* mll.'il the (lute nf I'llinll) tile 'I'lllllk Cnlnpaiiy ailil ill.' Western ("niiipany shall he ami hecuiiie uiiitcil as nil. ( '.iiiipany ami nne ( 'lapniatimi. ■J in nccnnlaiice with the ilirecti.ai f«ir this purpose cniitaiiied in the hefonv iiniitidiied Act of the Itjth yeai of Ihr Majesty L'haiitei 7G the corjinrate name y tilt' Acl> iiuiy lie or incroasc of lit. of such tal and liO torn Sliaro ink Share vhich eaeli I'd that no sue Share it Western t West e I'll • of threi'- lend at the ixy Jit any r the pur- added to added to en. ced b}' the he United ern Share Capital carrying' a dividend at tlit' rate of :? per eeiit. asliereinafter ))iovideil and each of the other Directors shall he the liolder of at least £2,000 of the (}rand Trunk Share Capital and any Diiretor wlm eeases to he a holder of such Capital .1 tlie (,'oinpany to that ainount shall thi'ieupoii als(t eease to he a Director <>( the I'nited Company. 12. The First Directors of the rnitel Com|iany shall he Sir Henry Whatley Tyler M.P. Sir Charles Lawrence Youni;' Baronet Lord Claml John Hamilton MP. Kohert Youuy; Roheit (Jillespie William rnwin He^'-jjato James Charles The i;iL;'ht Hon. David Rnbert Plutikett ^LP. The Hon. Janus Ferrier Viscount P>niy Henry Doughty ISniwue Culouel Ivhvanl Cliaplin Jnhn ^lariiham and Major Alexander Ceor^t' Dickstai M.P. and they shall lie the Directors until an election III' Directors shall he held ami made by the persons entitled to vote as hereinafter provided. In case of any vacancy prior to the tirst election from death or resij^nia- lion it shall not l)o tilled up so loii^' as there shall be twehe. The tirst election of Director.s shall take place in the month (jf March liSS3 and the election of Directors thereafter shall take place at meelinj;s of the L^nited Company t-elected and aff. i- re-i'lection shall with refeniice to ;;'oini4- out by rotation be consiilered as a Ufv.- Director and in case at any time the number of Directors shall not be diviaibli> by three the Dii-ectors shall (leterniine what number as nearly equal as may b.' are to p'o out of office so that the whole number of Directors shall ljo out of otfic" every three years but in case at any nieetinjf the vacancies then occurrinii' in tiio otlice of Director shall not be filled up the outi^oino- Directors if willini^ to act .shall lie deemed re-elected and shall continue in office. 1!). The first Ordinary Cieneral Meeting of the holders of Capital in t\)>: United ('om]iany entitled to vote at .such meeting shall lie held at such time in tlie month of .March in the year liSH!^ and at such place in London England as the Directors may apiioint. Geneial Meetings of the United Company whether Ordinary or Special shall be held in London England and two Onlinary General Meetings of th(i Company shall be held one in March or April and the other in Seiiteiidu'r or October in each year tnile.ss the Directors shall by bye-law apjioint any other months and at the first of such two Meetings in every year the election of ])irectors and Auditors shall take jilace. Advertisements of each General ]\Ieeting shall be published once at least in eacli of two London dail}^ morning newspapers and once at least in the " Canada Gazette " not less than twenty-(ine days before the holding of the Meeting and such advertisements shall be sufficient without further or other notice. 20. At the first Ordinary General Meeting of the United Compan}' two Auditors resident in Canada and two Auditors resident in England shall be appointed one of which Auditors in Canada and one of which Auditors in England to be determined in the first instance by ballot lietween the Canadian and English Auditors respectively unless they agree among themselves and afterwards by seniorit}' of election shall go out of office .-vt each subse(]uent General Meeting at which ])irectors go out of office and at such Meeting Auditors shall be elected to supply the place of the Auditors retiring and any Auditor going out of office may be re-elected and after re-election shall in reference to outgoing be deemed newly elected and if no Auditors l)e elected the outgoing Auditors shall continue in office and be deemed re-elected. On or immediately after the date of Union the Board of Direct(jrs of the United Company sliall appoint two auditors resident in Canada and two Auditors resident in England who sliall hold their office until the first Ordinaiy General Meeting of the United Compan}-. 2L The Auditors shall examine and report upon the Accounts of the Company and shall have all necessary powers and facilities for that purpose. 22. The net earnings of the United Undertaking shall mean the surplus of the earnings of that undertaking and of the revenues of the United Company from all .sources after discharging the working expenses thereof and working expenses shall mean and include all expenses of maintenance and renewal of the Railways and of the statior.;- buildings ferries works and conveniences belonging thereto and of the rolling and other stock and moveable plant used in the working thereof and also interest on Boi rowed Capital and all such rents percentages of 91 the rt'ci'ipts intoi-est guarantcfd or aniiuiil siiiiis as nmy \n- ]md in rcs])cct nl' Railways 1 88'^ w.'tn'lionscs wliai'Vcs or otlici- iiropci'ty leased t.i or held ly tlic Trunk Company 01- till' Western Coin])any at tlie date of I'nion oi' to orliy tl)e I'nited Coiiijiany Agreement^ tiiereat'tei' and also all moneys payaltle by way of rebate or otherwise under tratlic G"T*^|*aiui'°" or woi'kini,' arran;;'ements between the Tiiink Conijiany or the Western Com]uny o. w R 01 the Uuiteil C'oiiiiiany and any other (Jor|K)ratiun or person or in respect oi' the hire of engines eaii'ia^i's or wagons let to the separate Companies before the Tnion oi' to the United Company sums p.iyabic in the adjustment o|' the pooling oi division of tratiics rent charges or interest on lands rented by or otheiwise belong- iui^ to the Cnited (.'omjiany or [lurchased liut nut paid for and also all (vxpenses of ami inciilent to working the Railways ami the tratlic thereon incluiling sti:ires and eonsumablo articles also rates taxes insurance and compensation for accidents or losses also all salaries ami wages of persons emjiloyed in and about the work- ih^df the Railways and tratlic contributions to siiperainniation oi' other like funds and all secretiirial atid establishment expenses including Directors' fees snliries of Connnissioners agency legid other like expenses and generally all such charges (if any) not above otherwise s|ieciHed (and ui) other) as in the case of English Railway Compaiues are usually carne full fviiionnt for that year of sucii ]Jivi(lcii(ls at tivf \n-r coiit and three per cent, rospectively shall bojia; I and iiiado - ;,'ood deficiency of Dividend on Creat Western Share Cajiital shall have been re]):ii(l to Grand Trunk Share Capital out of the surplus (if any) of the thirty per cent, aji- propriated to (ireat Western Share Cajiital and n'lnainini;- after dis- char^•ill rate of five per cent, per annum to the date of Union upon so much of the Western Company's Share Ca2)ital as carries that rate of dividend. (g) Provided however that when and so often as there diall be any deficiency in the said three per cent. Dividend owiiii.' to the insutliciency of the said thirty ptr cent, appropriated to Great Western Share Capital as aforesaid in any year to provide the .same for such year the United Company shall be entitled to apply and shall apply so much as may be necessary to make j^ood such detieiency out of the amount which may stand from time to time to the credit of the present Reserve Funds of tlie Western Company which are to be kept in reserve by the United Company as an additional securitj' for the regular payment of such three per cent. Dividends and as a protection to the .said seventy per cent, appropriated to Grand Trunk Share Capital as aforesaid against its obligation aforesaid to make good any such deficiency but tlie United Company shall not be bound to set aside any particular investment or funds to represent the said Reserve Funds. (h) If for any half-^^ear ending on the 30th (hiy of June a Dividend has been paid to any class of Stnck or Share Capital which on making up the accounts for the year ending on the 81st day of December following it is found that that class of Stock or Share Capital is not entitled to receive then the excess shall be adjusted and repaid in the accounts of that .Slst day of December if the same can be done and if not then in the accounts of the following or any subsequent year 98 r of sucli II Ih'Ii.i: I ropriat. 1 3 seventy yvnv cx- rticient In remain h yable i)i:t 10 rate nf e paid cm - rate nF ■ine; ]v,\\f 1(1 I'rinik Divifleni] nit of the (lieat \Ve>tern lie.serve Fund and out of the seventy pei- cent a])pi'opriated to (Irand Trunk Share Capital to make U[) deticiency in Dividend as in Clause 21} provided shall be paid and apjilied to the persons and in the manner to whom mid in which the net earnings of the Undertakiiie- of the We-tern Company would have been paj'alile or a]iplicable if these presents had not been maye-laws I'ules and regulations shall have effect as if the United Company wei'e the same Company as the Ti'unk Company and as if the whole Undertaking of the United Company had fwen originally the Undertaking of the Trunk Company and in case of any conHict between the provisions of the Acts of any Legislature or Parliament relating to the Trunk Company and the Acts of any Legislature or Parliament relating to tlie Western Company the provisions of the Acts relating to the Trunk Company shall prevail. 94 1883 25th May. Agreement of Amalgamation 0. T. R. and 0. W. R. .'il. TIifM' prrsoiits iuid tlio a<,'rft'infiit herein contaiui'd ure iiuule siilijrct to tlie pi'ovi.sioiis of tin- several Acta of Lenislatni'e aiul Parliament liei'eiulMi.,ie mentioned or referrcfl to and all other Acts of Legislature anil I'arliamunt nlit- ini;' to the olijects intended to lie etl'ected hy these presents and also snlijeet to resolutions bein^' passed pursuant to the said Acts hy a Special Cieneral Meeti ur of the Trunk Company and also by a Special General Meetine- of the Westiin Company ratifying;' these presents and in case such resolutio!is should not lie passed hefore the twellth day of Auj^ust next these jiresents shall hecome void 32. This Atfreement shall l)e executed in du])licate and when the same sliall have heon ratified and become bindini; on the Trunk Conii)any ano SUhjrct to ?iviiil)fi..re Hunt I'cLit- siihjcct to ill Mccti }(f 10 Westi'i'ii )i]l(l IK it lie me void same sliall 10 Wostrni 110(1 by the )ios ot' the iif^s of tho h copioH to led in the pl'OHCllts Ion ol" tiie Bfl ol' these 3 Union of my. r Comnion if the Orand ik Railway mpany of Canada. )f the Great ■rn Railway jiiipany. 'The Firal SrJwilah' ahoce rvfermd to. GRAND TRUNK CAPITAL. I'AHT I. (GRAND TRI'NK P.OlU'vOWED C.\PIT.\L.) Dnto of Maturity of Tcnninable 1.883 Annual 25th May. Cliarge. Agreement of Amalgamation G. T. R. and G. W. B. 15th Oct., 1882. loth April, 1883 loth Oct., 1883. Ist Jan., 1919 . 1st Dec, 1882. Five per cent. Perpetual Debenture Stock 4,270,570 TerUiinahle Ponda ] First Ei|uipment Mortgage PoiuLs 56,300 First Equipment Mortgage Bonds 24,200 First Ei|Uipment Mortgage Bond.s 48,400 .Second Ei|uipment IMortgage Bonds 490,700 Island Pond Debentures 85,300 .i'4,981,475 £ 213,529 7,734 29,802 6,118 ir256,183 Part 11. (GRAND TRUNK SHARE CAPITAL.) First Preference Stock . . Second Preference !-;tock Third Preference Stock . Ordinary Stock Authorised. .£ s. d. 3,218,149 2 2 2,327,794 13 5 7,108,055 4 6 13,486,787 16 8 Issued. £ s. 3,218,149 2 d. 2 2,327,794 13 5 7,168.055 4 6 13,394,654 10 8 L)(i I'liv Sfniiid Si'lii dii/i' (ilmre ri'frn'(il h<. GRRAT WKSTKUX (.'A PITA I.. I'AUT I. (OliKAT \VKSTK1!X I!( )KH(»\M-;|) ('.\lM'r\l, 1882 25th May Agreement of Amalgamation O T R. and a. W. R. Dnto of Maturity of Tonninal iBt Oct., 1882 . 1st Dec, ]890. , Ist. Oct., 1877 . IstOct., 1878... Fivo por cent. IVrjiotii il DtOii'iituiv .Stock 2,77.'{.!"00 Seven per cent. Honds of i 100 each 78,:iOO Six per cent. Honds of ilOO each 9!tl,.")00 Five-and-half ])er cent. Honda not yet presented, \ 3 of .i20(), 2 of ildO, i:800 I ^,),^ Five-and-half [ler cent. Bond not j'ct presented, j 1 of ^100 ilOO f Total Loans and Debenture Stock .i.!.844,()(IO Annu.il ''iiar^e i. 138.(;!t,-) r).4fii oil.titO Overdue and not carryinu' interest. i20;!,(l(!fi Part II. (GREAT WESTERN SHARE CAPITAL.) Five per cent. Preference Stock (the dividend on } which is cumulative) I Ordinary Shares — 298,133 Shares of £20. lO.s. each and 247 Shares of $100 each Amount Authorised. Amount issued. 505.753 17 4 6,159,273 17 3 Total €<), 005,027 14 7 £ ». 505,753 17 6,11(),801 Hi 4 10 £G,()22,555 14 2 Memo. Amount of Ordinary Shares authorised, as above do. do. issued Difference . . £ s. d. 6,169,273 17 .'! 6,116,801 16 10 £42,472 5 Consists of 1,371 Shares unissued at .£20. 10s. per share . . 28,105 10 Difference of exchange on Shares taken as of .£20. 10.«. sterling, and their equivalent at $100 per Share 14,366 10 B and i;42,472 5 Annual £ 138,t;!t5 r),-4Xl o'.t.tim •Ovei'duu and not Cfirryinu intorest. lount issued. £ I. 'I. 50o,7o3 17 4 ,116,801 Iti 10 ,()22,.')5o 14 a £ s. 'i. 1,159,273 17 ;t 1,116,801 16 in £42,472 0^5 28,105 10 14,366 10 n ;£42,472 6 }t7 Ai.ltKKMKNT oK AmAI.OAMATION DATKD 2+TII .I,»Nr.MtY, I ,SNH, BkTWKKN (iUAND Trunk, NoiiTiiKitN and IIamii.t(in ami Ndiiiii Wkstkhn IIa1I.wav l.'oMI'AMKs. Tliisdcfd iniwl." (lie --'4(11 ;i<'i'mi'nt called llie Company ") ol' tin' tliii'l part. llandlKa.**'^' WliereaH the Capital III' llie 'i'lunk Com|)aiiy at the date of these jiieseiits (lieieinal'ter called (iiand Trnnk ('apilal) c(jnsists of the sinn.s nn'ntioni'd in the tii'st Schediile hereto in which I'art I. sliow.s the ainonnt of lloirowed Capital (ln'ieinafter called Ciand Trunk lloriowed Capital) and I'ait II. shows the iiniount of Stocdc or Share Capital incliidine- hoth Preference and ( >rdiiiary Stock and Share Cajiital which I'l-efiMi'iici' and Ordinary Stock and Share Ca]iital is hereinafter called fJrand Trunk Share Capital : And whereas the Capital of the Northern C(jin])any at, the date of these presents (hereinafter called Northern Capital) consists of (he sums mentioned in the second Schedule heicto in which Part I. shows the amount (tf i^xirrowed Cii|)ital (hereinafter called Northern Bor- rowed Ca])ital) and I'art II. sIkjws tie amount of Sio(d< and Share Capital, includine- hoth PrtdVi'ciiCe and < )rdinary Stock and Share Ca])i(al which last- mentioned Preference and Ordiiitiry Stock and Share C'apital is hereinafter called Northern Sliar<' Capital : And whereas the Capital of the Hamilton CcMMpaiiy at the date of tliese presents (hereinafter called Hamilton Capital) consists of the sums mentioned in the third Schedule h(>reto in which Part I. shows the amotuit of Borrowed Capital) hereinafter called Hamilton Borrowed Capital and Part II. shows the amount of Stock and Share Cajjital includine- both Preference and Ordinary Stock and Share Ca])ital which last-mentiiaied Preference and Ordinary Stock and Share Capital is hereinatter called Hamilton Share Capital : And whereas umler the powers conferred \>y an Act of the Provincial Le' those two Acts and under all other Acts and other powers enabling them the Directors of the several Companies parties hereto have agreed with each other that the Companies they respectively represent shall be united as one Company upon the terms and subject to the provisions herein- after contained. Now these Presents Witness tliat each of them the Trunk Company, the Northern Company and tlie Hamilton Company pursuant to the powers conferred on them by the two last mentioned Acts of the ICth year of Her Majesty or otherwise howsoever do liereby agree with the other two of them and do declare in manner following that is to say — 1. This agreement shall take ertect on the day (wduch da}- is in the.se pre- sents called the date of Cnion) following the date when it shall be approved by the (jieneral Meetings of the several Companies to be held pursuant to Article '2H and if such meetings slrill not be held on the same dav then on thedav followinof 7 98 1H88 24th Jainiary. Agreement ot Amalgiiiuation T R., N, R. et al. llii' (lalf 111' lllc last Ml el in;;-. Oil 1 lie ilatc nl' I'llion tllc 'I'nillk C<)lii|)iiiiy iir Ndrtlii'iii ( '(iiii|)iiiiy mill llir Il.iiiiiltoii C'()iii]iiiiiy sliall lie .'iml liccdinc iiiiiin; is diH' ('oiMpaiiy ami niii' ( '(ir|"aal inn. •2. Ill acciirilaiicc with tln' ilirrcliini fur this |air|i(isc ciuitaiiiiMl in the lirt'nic. innitidiiccl Act of the ilitli year ul' llrr Maji'stv ('ha|itir 7t) tlir cmiii irate ii;j i.,. (if the C'oiiipaiiy (ill tlii'sr |iri'S('iits callrd the I'liitcd ('i)iiiiiaiiy) foiintMl liy il,,. I'liioii df till' 'rriiiik I '(aii|iaiiy the Northern < 'diii|iaiiy aii>l the liaiiiiltdii ( i m. |iaii\' shall lie "The (iraiul Tiiiiik Kailuay ('diii|iaiiy df ('aiiailii." ;). The I'liited ('diii|)aiiy shall he invested with and have all llie ri'^dits ^nul |aii|ierty and he respdiisilile for all t'le liahilitieH of the 'I'riink ( 'diiipaiiy, ihr Xiiiiheni ( 'diii|iaiiy and the llaiiiiltdn ( 'diiipany and any rii;lil ur elaiiii whiili Cdiild he enhiired hy di' against any dk either df theiii may dii and iii'ter the dato of I'liidii i II forced hy or a;^aiiist the I'liited ( 'diiijiaiiy. 4. The lldrrowed Capital exist ine- at the date of riiioii of the tiiidcrtakini; of the I'liited t'Diiipany till these presents called the United rndertakiiie) shall consist of the (irand Trunk Borrowed Capital the Northern I'lorrowcil ('apital and the jiainilt'in jlorrowed Capital respeetividy inen'ioned in the lirst parts of the three Schedules hereto hut nothing- herein or in the said Schedules shall inti'i'fere with the exercise h\- the United Coiiipaiiy of an\- |>owers of enlar^in;;', \aryinji', aci|uirini;-. I'xchanuiii^ or eonvi'itiiiL;' iioriowid Capital under and for the pni'iioses ineiitioned in any Act or Acts ivlatin;;' to tin' Trunk < 'ninpany the Northern Company ov the Hamilton ' ' mipany. 5. This A;^'reeiiieiit is suhject to the proN'iso contained in the fdiirlh Sectinii of the said Act of the llitli year of Her M.ijesty Chajiter :{!• which is in the words t'ollowine; (that is to say) ' I'mvided always that the ri;;hts of the l*ro\ ince (l claim upon the lands and huildinn-s toils rovenucs or other prop- " crty real or personal of either of such Com|)aiiies or upon any part thereof "shall not he impaired hy such Union ami the Company shall keep '' separate accounts with respect to each Railway so as to ascertain the property •'or moneys upon whicli any •'^nch hypothec or privilejfe may attacli." 0. Suhject and witliout prejudice to the ri^dits reserveil by tlie provision quoted in the last precediii(jf clause of these presents the earuiriLfs of the Unitod Undertaking shall he lialile and applicable to discharge; rateahly and without priority all ilebts and liabilities of the Trunk Company the Northern Company and the Hamilton Company. 7. The Share t 'apital of the United Company sliall consist of four clas-es namely the CIrand Trunk (iuaraiiteed Stock and Preference Stocks set f(nn-th in the second i)art of the first Schedule hereto beinif the whole Preference stock of the Trinik Company and the Northern Preference Stock set forth in th(! second part ( f the second Schedul(> hereto beine' the whole Pnd'eience Stock of the Northern Company and the Hamilton I'reference Stock set forth in the second part of tlie third Sdieihile heri'to beini;' the wdiole Preference Stock of the Hamil- ton Coni[)any and fourthly the Ordinary Stock beiiii;- the ajre-re^ate of the Ordinary Stocks of the three Companies parties liereto also set forth in tho second parts of the saiil first second and third Selie(lules, S. The uinnber of Directors of the United Coiiipany to be elected shall he thirteen. !) 'I'lie numb, 'i' of said Directors may at any tinic! he increased or reduced by the Shareholders in Special General Meetiny. i)i) • iinpaiiy, 'IH' III' iinili'il ;is II tllC lirfnic. |ii ii'iiti' nil iii. iiH'cl liy ilii. iiiiltiiii ( '• III (• rights iiiii] '>iii|i!iiiy, I 111' i-liiiiii wlili'h 'ti'l' tllC il.lli' iiHli'i'talviiit; ikiii;;') sliall II l>i)rrii\\('il iuiii'il ill till' ill till' s;iii| laiiy (if liny 1^' lidrrilUrd iitini;' lo till' lll'tll St'cfinii ill till' WiiTils ■ii\ iiici' 'If of to any such iai liy|iiitlii'(' otlirr |iro|i- part tliiTcof sliall licep the property le provision the Uiiitod 111(1 witliout •11 Coiu|)any Four clashes et I'ourtli ill lice stock (if 1 tht! second ^tock of till' the second if tlie llainil- i^atc of' llit^ 'urtli in tlip tetl sliall lie or reihiced T R N R 10 'I'iii' sail! I >irrct(ir> III' ihc I 'iiit( d ( 'uiiipany >liall caidi lie llic linldrr of III Ira^l I V* (1 llioii-and pouiiils of the ( )i'i|iiiary Sliari' t 'a|iital of till' rnitcd ('oiii- 24th Jaiuiary I iny or tile iioMi'l' of al Irast t lie lillialMii' I )ir('('tor-- of the I'liiti'd ('oinpaiiy mi and iVoui the date of rnioii I hilt i^ to ^ay Sir lliiiry W'hatley Tyler .M.i". ( rrc-^ideiit) .Imnes ( iiarli"' Ma jor AlcMinder ( ieoie'e Difksnii M.I*, the Hon. .lanie^ I'lirier William Kurd l{oliert (lilli'spic l.ord t'laiid John llamilton M.I'. William I'liwin lleyi^ate W illiaiii Letlihridye .lnhn Marnliaiii llohci't N'ouiil; the Hon. Frank Smith and ( liarles . I. ( 'anipliell and they shall lie I Jiicetor-- until an ehct* I' Directors -liall lie held and made li\ the persons entitled to Note as hereinafter provided. Incaseofaiy Nacnicy I'liiirto the tir^t election from death or resie;iiation it may le lilled up hy the remaiiilne- Diiccti r^. The lirst eleilion of Directoi's -liall take place in the n.niith of March or April InMI and the election of Direc- tors iherealter -hall lake ] lace at meeting- oi the I'liited C'liiiipany to l.c held in till' iiii'iith of March or A| lilin eat h year as tiie Ihrictors sliall from time to time 1 \- hyedaw s 1 as^( d i< r that pnrpi -e direct. 1:2. Suliject to till' provision coiiiained in the next clause of these j. resents holders ( f (irand 'I'runk Capital shall continue to lia\e the like power (if any) !o vote at all (li'iieral .\h'('tines df tlu' I'nited Company on and after the date of Union as holders of similar Cajiital ill the Trunk Company ha\ e at the date of these presents to vote at Meetinns of that Company and holdeis of Nortlierii Capital and Hamilton Capital shall continue to have the like power (if any) to vote at all (ieiieral Meetines of the United Company on and after the date of Tn on as holders of similar capital in the Noithern Company and Hamilton Company respectively have at the date oi these presents to vote at Meetinj^s of those CoiiHianies. l.S. Holders of the said several I'refereiice Stocks entitled to vote at Mect- inf;s of the United Company as in the last precedinjf clause nieiitioiied .shall have one vote for i very twenty-Hve pounds nominal of such Capital held hy them and holders of Northern i'orrowed Capital and Hamilton Borrow(>il Capital respec- tively entitled to vote under the Statutes relatine- to the Northern Company or the Hamilton Company and of ( )rdinary Share Capital in the United Company -hall res]iectively have at such .Meetiiies of the United Coni]iaiiy one vote for every .to',) nominal of such Capital held hy them. 14. The Director> 111' the I'luiik Company the Northern Cotiipain' and the Hamilton Comjiany respectively shall go out of otlic on the day hefore tlie date of I'niou and the' Directors of the United Coiiijiany shall come into otlice and undertake the direction and ciaitrol of the atfiirs of that Company on the date fif Union. 15. The (lUoruiii of the Directors of the United Compan\' shall ho from time to time Hxed l)v the i/irectors. 100 1888 24th January, Agreement of Amalgamation G. T. R., N. R et al. 10. Of the Directors of the United Compiny Hrst elected one-third as nearly as iimv he to l)e deteriniiicil liy Imllot among- the whole liody of Directors unl(-.s thc\- shall otlierwise i;gree shall go out of otiiee at the Ordinary (Jciieral Meetiii;^ 111 lil in the month of i\lareh or April in tin; year \H\)0 and the like number to 1.,. (Ictrrmined by ballot among the other elteted Dircc-tors unh ss they shall othiv- wis" jigrc'c shall go iiut of otficc at the Oriinary Oeneral .Meeting held in the ninnth of March or A])ril in the year IfSiJl ami the rtniaindei' of the JJirectoi's tirsr elected shall go nut of ofiice at the Ordinary (ieneral Meeting to be held in tlie month of .March or A]>ril in the yeai- b's!>2 and in each instance the j)laces df the retiring Directors shall be supplied liy an ccpial munlier of (jualitied hoMeis of ( apital of till' Tnitcd Company and at thr tii'st Ordinary (Jcneral Nb'ctin-- held ni the year next after the whole of the Directors first elected shall havr e'one out of ollice and in each sncceeding ye ir one-thiriii;^r those who have 1 n longest in ofKce shall go out of office and their places shall be supplie(l in like manner but every IJii'ei-toi' going out of oHice may In' re-(dected and after re-election shall with reference to going out by rotation lie considered as a new Director and in case at any time the number of Dii-ectois should not lie divisible by three the Directors shall deiermine what nundier a^ nearly e(|ual to one-third as may he are to go out of otliee so that the whole num- ber of Directors shall go out of office every three years but in case at an\- Meeting the vacancies then occurring in the office of Dir<'Ct.or shall not be filliij up the outgoing Directors if willing to act shall l)e deemed re-elected and shall Continue in office 17. The first Ordinary General Meetiuir of the holders of Capital in the United Company entitled to vote at such Meeting shall be held at such time in the month of March or Ajiril in the year ISSiS and at such place in London, England as the Directors may appoint. General Meetings of th(> Uinted Com- pany whether Oi'dinary or Special shall be held in London, England, and two Ordinary General Meetings of the Compan}- .shall be held one in March or April and the other in September or October in each year unless the Directors shall by byedaw appoint any other months and at the first of such two Meetings in every \'ear after 1888 the election of Directors and Auditors shall take place. Advertisements of eacli General Meeting shall bo publislied once at least in each of two Lonifon daily morning newspapers and once at least in the "Canada Gazette "not less than twenty-one days before the holding of the Meeting and such advertisements shall be sufficient without furthei- or other notice. IS. At the first Onliuaiy Cieneral Meeting of the United Company two Aud- itors resident in Canada and two .Vuditoi's resident in Englan al Mectiii;;- iiibcr fo 1.1' hall otlic)-- lelil ill tli(. ' J)ii-f'C't()is bo lield ill 10 pljipos (,|' icii lidldcis al Mcctiii-- sliall havr !t()rs hciii^r laci's shall may ]»■ tation lie Dirt'ctdiN miiiilMT a'^ lioh' iiniii- I' at aii\- he Hll..',! and shall tal in tho ch time in 11 London, itcd Coii!- i, and two li or April ctors sliall eetiniijs in ake place, ist in each t' "Canaila 3etinany and Hamilton Company >l)all he paid in each year a Dividend eiiual in rate to the aggregate amount of the rate of Dividend not exceeding three per cent, for the .same j'ear paid upon the Grand Trunk First Preference Stock ami the rate of T'Uvidend not exceeding three per cent for the .same year paid uj)on the Giand Trunk Second Preference Stock the statutory provisions relating to Dividends on the (irand Trunk Preference Stocks .shall apply viufalis nmtdiidis to the Dividends on the said Northern and Hamilton Prefei-ence Capital. All holders of Ordinary Stock of the Tnited Company shall he entitled t(j the same liglits to Dividends witliout preference between them. 22. All the lijoks vouclieis and documents of the Trunk Company the Northern Company and the Hanulton Company .sliall on tlie day of the date of union be transferred to and belong to the rnited Company and the Registers of holders of IJorrowed Capital and Share Cajjital of the '{'rank Company the Northern Company and the Hamilton Company shall continue to be kept as registers of the United Company witli such variations in the certificates and otherwise as may be orderesed at such Special (Jeneral Meetings of the Trunk Company and either one of the said other Coin])anies such copies to be certified by the Secretaries of the respec- tive Companies shall bo hied in the otlice of the Secretary of the State for the Dominion of Canada and these presents shall thenceforward be deemed to be the Agreement and Act of Union of the Trunk Company the Northern Company aiid the Hamilton Company or of the Trunk Company and the one of the said other two Companies as to which no such failure shall have occurred as the case may 1 e. In Witness whereof the Comjtanies parties hereto have affixed their Common Seals the dav and vear first above written. Witness — JOHN BELL. The Gkaxi) Tkixk Railway Company OK Canada. By J. HICKSON, General Manacfer. Seal (if the Grand Trunk Kailway Conijiany of Canada. B'RANK SMITH, President. WALTER TOWNSEND, Secretary. Seal of the Niirthern Uailwaj- Conipanv of Canada. .lOFIN PROCTOR, President MAITLAND YOUNG, Secretarv. Seal of the Hamilton and North. Western Kailway j Conii)any. I id all lao- 01" the KaiJ same shal' i Noithein either one is reffrit'd ne of siK^h ny and tlie iilyinf^ the iijiany the i or passed 3ne of the the respec- .te for tlie 1 to be the inpany aiid said other ise may 1 o. ir Common leal iif the rand Trunk Hiiihvav ninjiany ot Canada. Seal of Northern Uailway Jiiipany of Canada. eal of the inilton and •th-\Vestern Kaihvay 'onipany. 105 The First Schedule above referred to. 1888 24tb January, Agreement of Amalgamation G. rR., N. R. et al. r!.-. GRAND TRUNK CAPITAL. Pakt 1. (JRAND TRUNK BORROWED CAPITAL. Date of Maturity of Terminable Bonds. Sectirity. Anidunt. Annual Charsfe. iBt Dec, 1890 1st Jan., 1919 Ut Oct., 1877 iBtOct., 1H78 Five per cent. I\'r])etu;d Debenture Stock (< iraiul Trunk Section) Five per cent, Perpetual Debenture Stock (Clreat Western Section) Four per cent. Perpetual Consolidated Deben- ture Stock Six per cent. Bonds (Great Western Section). . Second E8,055 Ordinary Stock 21,000,000 5,219,793 14 .•5,218,149 2 2,;527,794 13 7,168,055 4 20.167,676 14 106 1888 24th January, Agreement of Amalgamation O. T R., N R et al. The Second Schedule above referred to. NORTHKRN CAPITAL. I'.VRT I. NORTHERN' BoRItoWKD CAPITAl, DattMif MiUiirity of Toniiiiiiililo IiOlllls. l.st July, 1902 1st .luly, 1893 Now (hie. Socuritv. Five |)cr cent. First IMorti^'iiu'e Bonds Six per cent. Nortlii'rn K.vtensions Four per cent. Perpetiml Dclienturo Stock. . . . Si.\ per cent. Second Morti,'!ige Bond not yet converted 'riiii'd I'reference Bond.s interminable .loint K(|Uipnient Bon('.s Amount. Annniil Charge. £ 679,000 150,700 303,350 50,000 100,000 134,000 £ 33,050 9,04'.' 14,534 .3,00(1 6,000 8,040 £1,477,050 £74,5(1C. N.B- Tlie Nortliern Joint lv|uii)meiit Bonds are pledged for teni])orary advances upon tlieni. The above Five per cent. First Morti;age Bonds for £679,000 may lie increased liy £171,000 for the [)urpose of retiring £150,700 of Six jier cent. Nortliera Kxtensions and for other purposes and the £.3()3,.'i.")0 of Four jier cent. Perpetual Debenture Stock may lie increaseTooiiiont " tlit> City" inoaii.s tlii^ Cnrporation of tho City of TciDiito. " Owner " iiR'uiis any pi'i'soii or corporation v\lio at tlif tlate of tlu' is.sui' of the patents hereinafter mentioned has any estate, rii^ht, title or interest, l('i,';il or eijuitahle, in any riparian property, and the heirs, executors, administra- tors, succe.s.sors and assioiis of sueli person or corporation. '' Ripaiian propeity " 1888 15th March, Windmill Line Agreement. or land covered witli water ahtittino- on the Windmil. means tlie owner, as above defined, of an\- such riparian jther r nirnns any parcel ol laiK Line. " Rii)arian owner ...v ...... ,..v. ,.,, .... , .... .„.^.,, ,, .., ..... ., .,.. ....^, ..,..^.. .., pniperty. " Private rijiarian owner" means any owner of riparian property othe thiin the City, and inehides a Corjioration. 'Lessee" includes any person o corporation liavinii less tlian a frceliold interest in I'iparian pro]ierty. 2. Tlie water fi'ont of the City of Toi'onto to lie moved .southerly as lierein- after described. ((/) The Crown to j;rant the lands, and lands covered with water, described as follows : — Commencing on the east side of Parliament Street, at the intersection there- of witli the Windmill Liiii- : thcnet' southerly upon the same course as the present east side of Parlianienc Street 8!I4 feet ; thence westerly jiarallel with the said Windmill Line to a j)oint on the west side of York Street, produci'd .southerly ; thence on a straight course to a point on tho Windmill Line 250 feet more or le.ss east of the ea^t side of Petei' Street, measured along said Windmill Lnie to the easterly boundary of the Orand Trunk Railway property ; thence from the said last mentioned point easterly along .said Windmill Line to the place of beginning. Excepting thereout the strip of land, and land covereil with water, which coincide with the southward prolongation of all the streets now running to the south front of the E.splanade and the new street* to the south of the Windmill Line hereinafter mentioned in Clause 4. 3. Subject to the provisions of paragraph 6, the said grant is to be made to the Corporation of the City of Toronto upon trust tor the use and benefit of the respective persons and coi'poratiuns who at the date thereof are the owners or occupiers of the lands, and lands covered with water abutting upon the Windmill Line, or who then have any estates, rights,titles or interests in the respective parcels of land, and land covered with water abutting upon the said Windmill Line : and each such person or corporation who has then any estate, right, title or interest in any pi'operty abutting upon said Windmill Line shall have and be entitled to the same estate right, title and interest in that part of the lands so to be granted aa aforesaid, which lies in fiont of his said property, and is included within lines drawn parallel to the prolongations of tlie nearest Cit}- streets running north and south, and the City shall convey to them so much of the said lands as lie in front of their respective riparian properties or private riparian propertii^s, as herein mentioned : and shall lease such portions thereof as lie in front of riparian pro- perty owned by the said Corporation, but held under lease to the respective lessees or sub-lessees of .such pi'operties respectively, at a nominal rent for the unexpired t..rm of such existing lease or sub-lease. * This is now commonly called Lake Street. 10^' 1888 ISth March, Windmill Line Agreement ((() 'I'lic Ifiisi's of sucli aflded lands shall he renewable from time to time ut tli<' optii)n of llie respt'Ctive lessees, if tlie existinLf leases are renewable, and tlnii on tlie same terms and conditions and with such covenant or covenants i.ir renewal, if any, as are contained in the existinj; leases of the ])resent riparian pro])erty as above respectively mentioned, provided always that in tixinj,' therriit upon any such renewal, the tenant ami his executors, administrators and assigns shall nevei' l)e char entitlcvl to any compensation in respect of the value of the added land, but only for or in respect of the lessee's improvements thereon or thereto, which .said improvements are to include the proportionate part of any actual expenditure made or incurn'il by the lessee in makinj,' the new street herein ]irovided for, due allovvance lieinij made for the lessees' u-e tlu-reof. (1)) In all cases where the City at the date of the said ;;-rant has itself any estate, right, title or interest in any parcel of land, or land covered with water abuttinfi' on the Windmill line, it shall have for its own use and beneHt the same estate, riijht, title and interest in any portion of land extemlin^ in front of such parcel as aforesaid. 4. The ('rown to I'eserve an allowance for a new street,* 00 feet wide, alonj^ the .south side of the present Windmill Line, fiom the east side of Parliament Street to the west side of John Street, except between the east side of Scott Street and the west side of York street, where such new street shall swerve southward and follow a line ojenerally parallel to the southern limit of the Esplanade. 5. Upon such last mentioned allowance a street is to be constructed (within fifteen years from the date of the patent to the Cit}' ; or within such shorter period as the .same may be petitioned for as hereinafter provided), that is to .say : l.st. As to the portions thereof which arc prolongations of the existing streets, running southerly, by the City ; and 2nd As to the portions thereof between the sair a firi it id'i luly si;;'iit' |ietiti()ii Inf (if a;;aiMst aii_\ local iiiiiiro\ciii m uinler tile |pri/visi(ais (iT the ('■ piisolidateil Miiiiici|ial Act nl' i(SH."{, as aiiieinlecl by tlie Act 4!» \'i('t(iria. C'lia|/tei- :>7, Sectin and to till u|i the inteivenine' slijis, liein;,^ the continuation ol' stn it, nuinnin' southward iVoni the Ksjilaniide to such new street, and to construct ro.id- ways therein ; provideil always that no such jietition shall he acted upon unii -s the real pi'ii])erty desci-ihed therein comprises all ol' the real jn'operty lyiuir lielween t Wo or more of the existine' streets, to 1)0 continued s(aithei'ly to intersect the said new roadway as ahove pi'oxided. I'rovided always that this clause sh.ill not iipply 1" tli'''t pi'rtion of the said property lyiii^' hetween the west side nf Scott Street and the east si(h' of Sherliourne Street initil the expinition of livr years, nor to th.e portion thereoi' lyine- east of Sherhoui'ue Stri'ct until the expir- ation of the period of ten yeais I'rom the ilate of the patent to the (.'ily, ((') ( )wners and occu|iieis of property south of the southerly limit of llu' jiresent Ivsplanade may run ]ii|)es across and undersuch new street allowance .iinl take water from the Bay without chartfc for their own use on such property, hut not foi' sale. (/) No track shall ever lie laid alone' any portion of such street for the usc^ of railways ol' strei't railways. (i Whenevt r any ownei' has constructed, or has pai 1 foi' the construction (jf that part of the .said struct in front of his land up to " formation level," a.s hi'rein descri'ied, ho shall he entitled to a conveyaiu;e of his part of tin; land so to he e'l-juited to ttic City in fee simple; und il there are several per.sons havinjr interests or estates in the same parcel of land, the conveyance .~hall he made to the .said persons respectively, accordi'ij; to their respective estates and interest.s. Owners who have not completed the said work (or all the said work) in front of their respective lots, sliall he entitled to their respective conveyance upon pay- ment to the City of tlie amount due under paraeraph 5 (b) of this aLrrcenient. (2) In case any owner in fee other tlian the City so desires, and at any time within six months from the date of this aereenient t^ives notice of snch desire to the City and to the Mini.ster of Public Works of Canada: then and in such case the patent of the extension in front of the riparian property of sncli owner instead of lieinLT issued to the City shall he issued to such owner, but each such patent shall contain ilu' followinjf comliiions, that is to say : {a) That within fifteen years from the date of the issue of the j)atent, unless the new stieet has been sooner done on petition as liereinbefore pi'o\ided, the jiatentee oi' his assie-ns shall till up that part of .such new street ly nir in front of his land to " formation level," as mentioni'd in paraj,a'aph o of this agreement. (/>) That in case .such patentee or his assi<.;ns fails to comply with the above condition, the City may do what is necessary to complete sucli work up to forma- tion level, and the expense .so incurred shall be a tirst ci.aree and lien on the property included in .said patent, and shall lie ])ayable a; provided in para. i'i|ii'irifiii I 1(1- IC'l Mini Cclil. ili'sci'ilx'.l ill on (jf sti. rt> Isll'lU't 111 111- U|)(lll Ulli )|)i'l'ty l.viii;^- • to iiit<'rs(('t ■' clause sli.ill west siilr iif itioii oF live il tlio t'xiiir- limit ol' ilif lowillicc ;lliil ro]iiTly, liiif tor till' nsp stnictioii (jf II level," as tlie la IK I so sons jiaxiiit,' l)e iiiude to III interests. ) in from of e upon pay- recuicut. at any time cli desire to in such case such owner it each such / ','roement 7, ExistiuLT rij]lits ut' luojierty lioMeis to reiieli the respective railway tiacks, 1 8KH mill of the railway companies respectively to reach the new water front or any other locality liy any means whatever, are not to lie atlecteil hy this aj;ivemenl wimimiuYlno 8. Any owner or occupant of iaml rrontin^f on the said new street may, with the consent of the City ('oiincil and under such reeiihitioiis as the City Council may from time to time pivscrilie, construct and maintain a tiuuiid under the said new street, or may carry oveiheaii hridyes or other means of conveyance across the same, the plans and specifications of any such proposed work to ho Mi'st suh- iiiittcd to and approved of hy the City Ki IlLlineer. f). The inteiitinii of this agreement and of the provisions thereof is that the henetit and the liunleii to arise troiii the addition to any parcel of land abutting- upon the Windmill Line of the land co\civd hy water extendin"' to the new line hereinhefoi'e mentioned ; and from the expenditinv in the construction and iiiain- tiMiance of the new street (hy whomsoever constructed) shall he enjoyed and inured to and he lionie respectively hy all persons havin^r estati'S, ri'• B.— The above agreiinent was ratified by the City Council on -March 1st, 18S8, and again November I9th, 1888. e trusts and predecessors the aiiovu sees. U8 .:.: Virt. ciia/). rin {()vt.) Exi'liAcr lltoM AN y\t r KKM'ICCTIMI tiik C!itv ok 'I'oudnto [A»mU>|iruV('d, .loiIN HkI,!,, E, Whaook 180*2 R, w. r.i(i(iAn, City Soiicitoi', Esi'I-ANADF. Tini'AHTITE Ar.UKF.MENT. This Af^ivi'nicnt, nuidc (in iiUMdiuplii-atc) this twcut v-sixth dav ol' .hih'' A.l). l.S!)2. Bi'twi'cn the Grand Trunk Railway Cumpany ol' Canada, hi'ivinal'ti'f called pifthEBpinnJido the " Grand Truidi " of the Hist part ; Agreement. The Canadian Pacific Kailway Cianpany, rcprcscntine' its own corporation, ami the Tomnto, (Jrcy and Jinicr Railway C(ini]iany, the Ontaiio and (.^Miclicc Railway Cdiiipioiy, and all dtlici' railway Cdinpanifs wliicli it controls hy lease, agreoinent or otherwise, hereinafter called the "Canadian Pacific " ol" the second part ; And the Corporation of the City of Toronto, hereinafter called the " City " of the third part ; The Grand Trunk and the Canadian Pacific lieiiig hereinafter referred to in the afjgrefjate as the "Companies" — Witiiesseth that it is hereby mutually aerccd ln'tween each one of tho parties and tho other two, and between each of the parties and each of the other two as followH : 1. The map or plan to this agreement annexed, and marked No. 1, shall be part and parcel of this aj^reement, and be C(aisidered as embodii'd herein, and in the event of any doubt arising as to the meaning of any description of lands streets, tracks, yards, stations (U' other places, or any of the properties to be con- veyed, the said map or plan shall be looked at and read as explanatoiy of such description. 2. In order to enable the Canadian Pacific to reach its tracks south of the Esplanade, the tracks in the yard known as the Midland Kailway yard, between Berkeley Street and Parliament Street, shall be rearranged, and f(n' this purpose Berkol(!y Street shall not be opened or kept open as a highway between the north side of the tracks shown on the said })lan No. 1 as so rearranged and the prolonga- tion easterl}' of the southerly limit of the Canadian Pacific right-of-way between Princess Street and Berkeley Street and on the same curve. The City will con- vey or procure to be conveyed in fee simple the portion of Berkeley Street between the iwa'th limit of the tracks (as so re-arranged) and the south limit of the Grand Trunk right-of-way, to the (}rand Trunk, and the remaining portion to the Canadian Pacific as shown in I'ivk and blue respectively on said plan No. 1, reserving all existing rights of the City to enter upon the same bn' the con- struction, reconstructi(ni, inspection and repair of .sewers and water mains along or under the said portion of said street, subject to the supervision respectively of the Grand Trunk and Canadian Pacific in tlie matter of the safety of their respec- tive tracks. No building to lie erected on the prolongation of Berkeh'y Street so conveyed. A new access from the math to Esplanade Stri'ct rut Bi'rkeley Street to be provided by deviating Berkeley Street, as shown on the said plan No. 1. 114 26th July, Fifth Esplanade Agreement. Till' ( 'iUi.Mliaii rncilif tn ,ir(|iiirt' the land iiccossaiy lor such deviation, and to iii(l('iiinir\' tilt' City in nsix'c-t of ail c-iaiius by any otluTs than tlif parties lier( id for (•oiii])eusatio. 1 marked hy letteis A, 1!, C. neither ll • Gi'and Trindv nor thi' City to he rei|uired to ]iro\ide or pay for the land re(piirid for such deviation or to s.itisfy any claims in connection with the aci|uisitiMii theieol, or any claims that may lie ma'ie in conse(|Uence of the closino' ,,\' p.-iil 'I' J5erk>'lev Slieet as aforesaid. I'niil the new street south o! the old Windmill Line, between Parliament and Berkeley Streets, is constructed, the (Jraml Trunk is to pro\ ide, at its own expense, a teiiip(a'ary road south of its tracks from I'ar liauient Street to Herkeli'y Street forty feet in width. ',]. The (ir.ind Trnidv to cause the remo\al forthwith of the Midland tracks on Esplanade Street, between lierkeley Street and Roi;-ers' Sidine', and to e(aniect the Midland track now on Kspl.m.ide Street, west of lioe'ers' Sidine-, with thrii own tracks at or near Frederick Street, and no new track shall be laid on s.iiil street excepting' that necessary for said connection, nor without the a[>proval ni the l{ailway Committee of the Privy Council of Canada. The tracks and con- nections as rearrane'ed on the nortli 47 feet G inches of |-]spl,inade Street to 'n' subject to the provisions of the aeircment made lietween the tiraml Truid<. tlh Midland Railway Company of Canadfi and the City, beariuL;' da e the 14tli day n|' J.anaai'y, ISSi*. 4, An\' ])ei'son oi- corporation who may now or hereafter, as owner oi' tenant . hold land al)Utline' im the North side of Esplanade Street, and also on the south side of the Canailian Pacific tracks, or on the south side of the new street to the south thereof, sucli parcels of land beinn; in whole or in part oppositi' each other' inav, subject to the ri'i|uirements and pi'osisions of the liaU'wat/ Act as to ovei- he.ad I ride'es, erect, at his or its own cost, an overhead bride'e or trestle or otliei' structiu'c coniiectine- such l.-iinis, for haiuiliiie' eoods or freiirht, or for nasseneer trattio, tiie plans ami specitic-.tions of any such structure ami of its stippoits to he first submitted to and recei\i' the approval of the City Eueineer and of tlie engineer of any railway company whose tracks arecros.sed by such structure who may tir.st reipiire the person erecting or maintaining any such structure to indemnify the City and such railway company against all liability which may he occasioned thereby. 5. The City hereby agrees to extinguish, at its own expense, all the ])resoiit rights (if a".y) of the public and of ]a'oper;y owners to cross the railway tracks on the Esplanatle, between Yonge street and tlie point where York Street, as deviated, c(Mniects with Esplanade Street, except at Bay Street, and in considera- tion thereof each of the com]ianies agrees to give u]), without compensation, any right of crossing the said r.iilway tracks between ^'onge and ^'ork Streets, except at Ba\' Street, and for such consideration the (iraml Truidv further aerccs to waive its contention tliat it is not liable to contribute to the cost of making or protecting le\el crossings at Church Street, ^'ollge Street and l-]ay Street, and the Lirand Trunk ami the C;in.iilian Pacitic, without prejudice to their rights in any other transaction, agree to ]iay each one half of the cost and mainteiianci' of such crossings, and of their protection by watclnnen at the two former crossings, and by gati's and watchmen at the latter crossing, such ])rotection to be subji'ct to the approval of the Railway Committee of the Privy Council of Canada, or to ho made in such a way as it mav direct. 115 Ifltioll, MlKi U) |);irtit's liciTid icll (lcviiltiiit no p.'trty hereto sliall have n\- make aeainst any other party lii'reto any claim in respect of any other la'nd beim^ injuriously atiected bv reason of the construction of such bride-e. 8. Tlie ritrhts, if any, wjiich the Grand 'J'runk liave. or claim to have, under any existing aereements witii the City, that they, the L'lty, shall not reijuire the (Jrand Trunk to build, rind or procure any bi'idecs, I'aiiips, crossines oy other approaches, over, alone-, oi- under the (.hand Trunk Com])any's tracks on the Esplanath'. but that the City shall ])rovide all such, if any, when reijuired at ilieir own expense mid that by said aefeeinents the City e-uaranteed and indennnried the (band Trunk of, from and against all claims .and demands wliatsoever for or by reason of the railway of the (Irand Trunk Company being placed on said tracks in .said agreements mentioned, also that they have the right and ju'ivilege to cross streets of the City n\\ the level for the pllfjiose of access to their stations and freight si eds in the (,'ity in siudi way an agreetneiit ; but all ([Uestioiis in regard to such riglits and also as to whether any exemption nv indemnity which the * band Triuik nia\' be entitled to then'Under iiadiides exemption or indi^mnity in respect of the con- structicai ami maintenance of the said contemplated York Street bridge, shall, in defatdt of tlie parties agreeing in respect thei'i'of, be (h'termined liy the siibtnis- sion, as .soon as can be, of a special case, between the City and tlie (band Trunk, to the Chancery Division of the High Court of diistice of Ontario, with the light to either party of a])peal. And in the event of the riiial decision of said ca.se btMiig that the said agreements are in b>rce aiul binding upon tlie City, and that under them or some one or more of them the (irand Trunk are entitled to exemp- tion from such liability, or are entitled to indemnity against any such claim or claims as is ov are mentioned aiiove, including said liability in respect of con- 116 1892 26tl)July, Flttb Esplanade Agreement. triliutions towards the said York Street bridge — the Grand Trunk chiiniiiig thnt thev fire so exempted and entitled to indemnity, and the City claiminjj; that thi'V ai'e not — tiien the Grand Trunk shall not be held liable or be called upon to bear an y part of the cost of the said overhead bridges, except the John 'Street bridge, which they have agreeil to build, but the cost of the construe" ion, reconstruction and maintenance of said York Street bridge, including ccnnpensation for property taken or injuriously affected thereby, and all costs incidental to any claims theii - for, ai'e to be assessed against and paid by the City and the Canadian Pacific in c(|ual proportions. And in the event of tlie final decision being that the Gi-aml Trunk is not so entitled, then the cost of the construction, reconstruction and maintenance of said York Street bridge, including compensation for property taken therefor and thereby, and all cost incidental thereto, are to be assessed against and paid by the Cityand the Grand Trunk and the Canadian Pacific in such proportions, and sliall be payable at such times and in such manner as the parties may agree upon, or in default of such agreement, as may be determined by an arl)itrator or arbitrators (not (>xceeiling three in number), to he appointed by tlie Chief Justice of Ontario upon sunnnary application by any of the said parties after ten daj's' noiice to the other parties proposed to be assessed therefor. If three arbitrators an; appointed, the award of any two of them shall be final ; and the provisions, as to arbitrations of The Municipal Act and the Acts respecting Arbitrations and References shall .apply as if incorporated herein. The arbitrators to be governed b}- the terms, conditions and general effect of such final decision in determining the proportions so to be paid, the value of anj- lands given or of any interest therein surrendered by any of the parties hereto, for the purpose of enabling the said bridge to be so con- structed, to be taken into account in determining the proportions so respec- tively payable. Nothing herein contained shall be cons' rued as an admission on the part of the Grand Trunk of any liability to contribute to the cost of the said bridge bj- reason of the amalgiimation of that company with the Great Western or the Northern Railway Company, or for anj' other reason, which liability the said Grand Trunk expressly denies ; nor shall anything herein contained relieve the Grand Trunk from any liability or prevent the City from claiming upon the argument of the said special case that the Grand Trunk is liable by rea.son of said amalgamation or for any other reason. 9. Upon the said ci)mpanies providing the land required for deviating York Street eastward, and v»'hich they agree to provide, as shown on the said plan No. 1, the City agrees to the said pi'oposed deviation and ahandons all claim to rent thereafter accruing due from the said companies, or any of them, to the City for the leasehold lands surrendered by the said companies to the City for the pur- pose aforesaid : and when such deviation has been carried out, the portion of Esplanade Street east of York Street shall be closed to the point where York Street as so deviated, connects witii Esplanade Stret>t, and the portion of York Street lying south of the said deviation and north of Esplanade Street shall also be closed and both said ])ortions of said streets shall be conveyed to the Grand Trunk, who shall be free from all liability in respect of the closing of .said streets, but such conveyance shall be subject to all the rights of the City referred to in section two of this agreement. 10. The Grand Trunk agrees to construct and maintain for all time, accord- ing to plans and specifications to be approved of by tht; City P-nginoer of Toronto and Edmund Wragge. C.E., or such other person as the Grand Trunk may nomi- nate, and in case of disagreement between them the matter in difference is to be determined by Walter Shanly, C.E., (or in case of his death, refusal or inability ii: laimins: tliat ii>^ that thf'v II tol(onl•an\■ ll•i(lge, wliicli ;ruction aiiii I'or property ilaiiiis then - ian Pacitic in it the Graml traction ami tor property be assessed icific ill such s the parties iiined by an )e appointed by any of posed to l>e ard of aiij ,ions of The ( shall apply IS, conditions oils so to be ered by any .o be so con- is so respec- idmission on t of the said ■eat Western liability the lined relie\'e ng upon the by reason of iating York xid plan No. laim to rent the City for for the pur- le portion of where York on of York et shall also o the Grand said streets, ferred to in inio, accord- of Toronto : niaj- nonii- Mico is to be or inability from any cause to act, then by such engineer as the parties may agree upon, or 1898 in the event of their disagreeing, then bv such Enjiineer as tlie Chief Justice of Ontario upon suminarv application by any of the said parties after ten days' pjn^ Esplanade 11 tice to tile other parties, may appoint), a suitable steel and iron over-liead AKreement i idge, founded on masonry or steel and iron piei's, for vehicles and toot passen- p'l's from the south side of Front Street along tlie line of John Street to a point thereon .south of the Esplanade to be deteniiined by the City Engineer, and high enough to permit the u.se under all that portion of it south of the Esplanade of riulway tracks on the same level as those under it in the Grand Trunk yard, the Grand Trunk doing the necessary tilling (jii John Street s(jutli of the Esplanade and to the level thereof for the purpose of constructing the bridge and necessary approaches thereto, but the Grand Trunk not to be lial)le to pay for any length of brifige beyoniJ one humlred (100) feet from the present .south side of the Espla- nade, or lor any tilling which may be retjuiied owing to such extra length. The cost of such extra lengrli, not exceeding, approximately, one hundred (100) feet, and also the cost of any extra tilling cau.sed thereby, to be borne ly the Can- adian Pacitic. The necessary southern ramp to be built by and at the cost of the City. Such bridge and the works in connect ion therewith to be commenced forthwith after the City has constructed the necessary crib-work protection on the .south side of Lake Street, from the east side of John Street to the Water Works wharf, and the bridge and works to be completed wiihiii one year from the date of commencement thereof, and to be a public highway. 11. Before the erection of the proposed Union Station referred to herein is commenced, the City shall close Esplanade Stri'et from the east side of York Street to the east side of Brock Street, and Simcoe Street .southerly from the south side of the street de.scribed in the thirteenth section of this agreement pro- iluced westerly across Simcoe Street, and shall close Peter Stre»'t and John Street from the .south side of Front Street to the north side of Esplanade Street, and shall convey the portions (jf such streets so closed, and the City's intere.st in the Esplanade, west of the .said deviation of York Street, to tin.' Grand Trunk, who shall be free from all liability in ri'spect of the closing of the said streets, or any of them, but subject to the rights of the City referred to in section two of this agreement, [)rovided that no street west , lis. 1 "2. Within two years after the completion of the exchange of sites and the closing and conveyance of strei'ts as herein provided for, the companies shall erect, or reconstruct, so as to have the same open for traffic, a Union Pas.senger Station of suitabU' design and capacity, on and adjoining the site of the present Union Station, the .same to be in all respects such as the importance of the City may warrant, and the business of the Railway Companies using the same may reijuire, and the companies shall enter into an agreement between themselves for the joint working and u.ser of the .sanii', and f(a' the use thereof by all pa.ssenger trains running upon lines operated by the said companies, (u- either of them, and si.ch Union Station shall be approximately in accordance with the plans hereto attached and marked No 2, and such agreement .shall set forth the manner of carrviiiiX out the said undertaking, and the respective interests therein of the companies and the proportion in which the cost of erecting, reconstructing and of working the said station shall be borne by the companies, with all necessary covenants for joint wca-king, using the occupation of the .said station, and in ca.se of any diflereiice between the c(jnipiiiiies as to the said agrfuient, the points of 118 1892 26th July, Fifth Esplanade Aerreement. diffcronco sliiill be n't'crrcd to (irbitrntioii. Tlio tonn "Union Station" herein moans at tlic least thi' station l)uildin- L shall be held for all time to come b\' the City under sucli tenure as .shall ensure its being made available for wharves for the accommodation of pas.senger .steamers (jf all classes, and the; .slips (being respectively prolongations of Liu-ne Street and of York Street) .shall also be ,s(j .set apart and used that steandioats running in connection with or exchanging pas.sengers with the Grand Trunk and Canadian Pacific, or either of them, .shall have equal facilities with any other .steamboats, and in consideration thereof the Grand Trunk agrees that fur the sum or price of eight}- thousand dollars it will sell and convey to the City the whole of its freehold property lying to the west of Simcoe Street, produced, and south of the Esplanade, and having a frontage thereon of about 250 feet ; and will surrender to the City all its rights and interest in the leasehold property known as the Yacht Club lot, and in lots No.s. 1, 2, 8 and 4, registered plan D, 118, lying east of Simcoe Street, produced, and al.so in any southward extension of all the said property and lots as contemplated by the \Yindmill Line Agree- ment, reserving to itself the right to remove within three months after the deeding to the Grand Trunk of Esplanade Street, as before set out, any buildings or tracks now upon the .said freehold or leasehold property. In the event of any future extension into the Harbor of the City's front similar to that contemplated by the Windmill Line Agreement, the City maj-, in lieu of said Block E, provide out of said extension a new block l)etween Lome and York Streets, produced, and access thereto, such new block to be of at least equal frontage and area to that of Block E, to be held on the same tenure and to be made available for wharves and steam- boats in the .same manner and for the same purpose as is provided fov in reference to said Block E, and on the City making such provision and providing as ample accommodation, frontage and area for wharves and steamboats as could be given bj' said Block E, the City may deal with said Block E as they deem best. 15. Upon the City passing valid By laws for the closing and deviation of the streets as hereinbefore mentioned, and closing, deviating and conve^-ing the same as herein provided, the Companies agree to paj- the City the sum of fifteen thou- sand dollars. Each of the said Companies to pay one half thereof. IG. Until the proposed re-arrangement of j-ards and streets and the comple- tion of the structures mentioned in this agreement are finally carried out, all reasonable access to the properties mentioned in this agieement, as well as to the City Water Works property, and to any other of the properties of any of the parties hereto shall be given to each of the parties hereto, for the purpose of its business, and to enable it to do the work and complete tlie contemplated arrange- ments. In case of any dispute as to what access and facilities should be given, then the same shall be decided as provided for in section 10 of this agreement. 119 bion" herein lid all tmck-t OSS than (!(i i'loin Siiuco.. rand Trunk )i stniid fill Ufst. !()uth hy tlii^ I'd plan '), A, Lakt' Street, Block E on under such ommodatioii folongations 1 used that 1 the Grand ies with any ?es that for the City the oduced, and D feet; and )ld property >red plan D, d extension Line Agree- the deedins gs or tracks any future lated by the vide out of , and access at of Block and steara- in reference uf as ample Id be given jest. ation of the g the same fteen thou- the comple- ied out, all ill as to the any of the pose of its ed arrange - I be given, reement. Agreement. 17. The City lierehy poiiseiits to the Grand Trunk olitaining a patent from 1898 the Crown of the ])rol()ngati()ii of Peter Street, lying between the sonth limit of osth Jui the Ksplanade and the old Windmill Line, and the companies cnnsent tn the City Fifth Esplanade obtaining from the Crown a patent of the prolongation of Simcoe ami Voik Streets, r called the Mowat lot, as well as thi' leasehold under the Citv of those parts of lots 39. 40. west half of 41, 42, 4:^, 44, 45. 46, 47, 48, 40, 50" and 51, registeivd plan 5, A, lying south of the Esplanade, and the leasehold under the Haldwin estate of that part of the east half of lot 41 above mentioned. And whereas the City has proposed that the Canadian Pacific shall, on the terms hereinafter contained, abandon the " original site " and take for the said purpos' s another further west h(reinafter called the "Alternative Site," and the Canadian Pacific has consented , so to do, which "alternarive site" comprises an area b itteto ; thence south-westei'ly alf)ng said line, being the southerly limit of a new street marked " proposed street " on said plan No. 1, to the production southerly of the ea.st limit of Bay Street; thence southerl}' along that production to the north limit of Lake Street ; thence easterly and north-easterly along said limit of Lake Street to the production southerly of the west limit of Yonge Street ; thence northerly along the production to the place of beginning. Block B. Secondly, commencing at the south limit of Lake Street where it is inter- sected by the production southerly of the west limit of Yonge Street ; thence southerly along that production to the line known as the New Windmill Line : Wr: 121 ty reserviiiif utherii ramp necessary. H hereinafter it to convey ■ hereinafter b the City in lat it will, at xprojiriatioii I under lease 'acitic for all xpropriatioii e, registered agreenientH t House < 'o., e printed an idian PaciHe itity to that the time at eement; also the orifrinul ■ie the alter- :?ach, during eleven thou- tifty years lid fifty dol- ily, October, e amount to ■ that, upon id cribbing, ieviating of Street as ■rest in the particularly west limit 1 the south 1 southerly g said line, in .said plan et ; thence ice easterly southerly of tion to the it is inter- net ; thence Imill Line : tliriice westerly along the New Windmill Line to the production southerly of tlie east limit of Bay Street ; thence northerly along that production to the SDUth limit of Lake Street ; thence easterly and north-easterly along the south limit of Lake Street to the place of beginning. 189'^ 26tb July, Fifth E8plajQa('- Agreement. d Block C. Thirdly, commencing at a point on the production southerly of the west limit of Bay Street where it is intersi'cted by thi' southerly limit of the .said propo.sed new streef, as shown on the said plan marked No. 1; thence .south- wisterly aloii^ the said south limit to the westerly limit of lot 47, registered plan 5 A; thence .southi'ily along the said limit to the north limit of Lake Street; tlieiice easterly ahaiy; the north limit of Lake street to the production southerly of the west limit of Bay Street; thence northerly along that production to the place of beginning. Block D. Fourthly, commencing on the south limit of Lake Street where it is intere sected by the jjioduction southerly of the wt'st limit of Bay Street; theiic- southerly along that production to the said New Windmill Line; tlience south- westerly along the said New Windmill Line t(j the intersection of the production .southerly of the west limit of said lot 47: thence northerly along the said production to the south limit of Lake Street: thence easterly along the .south limit of Lake Street to the place of beginning. Block E. Fifthly, commencing on the south limit of Lake Street where it is inter- sected by the production scjutherly of the east limit of lot 48, registered plan 5 A : thence .southei-lv along the said prodticion to the said New Windmill Line ; thence westerly along the said New Windmill Liiu' to the pi'oduction southerly of tlie said limit of York Street; thence northerly along that production to the south limit of Lake Street ; thence easterly along the south limit of Lake Street to the place of beginning. 21. Except as herein otherwise provided, the provisions of The Railway Act and of Tlie Municipal Act, .so far as ajjplicable *o anything herein contained, shall form part of this agreement as if expressly .set out herein. 22. Nothing herein contained and no action taken hereunder shall affect in any way the position or contention of any of the parties hereto as to the question whether or not any streets I'unning southward from Front Street, other than those referred to in this agn-ement, do or do not terminate at the north side of Esplanade Street, the Canadian Pacific and Grand Trunk ccjiitending that they do so terminate, and the City not admitting the said contention. 23. This agreement shall not be binding on either party unless and unti' ratified by the City Council of Toronto and the Boards of Directors oi the respective Railway Companies, and the parties hei'ettreot, in the Company are aken certain thdraw from 1 of the said ition of -said to the said Boat House 123 Company, at foot of York Strt'ct aforesaid, the said Railway Coiupany agrees to 1893 accept said assiginnent and to move and I'einstate the .said Boat House Conijjany as to its pri'seiit new club house upon th(; proposed New Wiiidniill Line, to V)uild Fifth Eap"an'ad» a whai'f exteiiiling from the present Windmill Line to the new one, on a lot AB^e""™!. inuiiediately to the south of tue pre.sent premises of said Boat Hon.se Com])any, schedule, or on a correspomlinj;' lot on the east side of the extension southerly of York Street, at the Railway Company's option, said new premises to he in all respects as I'onvenient as the present. The .said Railway Company further ai;ree to ;;ive said I'oat llousc Company a lease of said new lot at !?G ground rent \)vr foot per annum and taxes for twenty-one years, containing an ahsolute renewal clause at a valuation to b(,' ascertained hy arbitration at end of each succeeding term (jf twenty-one years, said new lot to have a frontage of fifty feet. The said Railway Company further agrees that the said Boat House Com- pany shall have opi'U water to the width of sixty -six feet on one side oi said new premises. And the said parties of the second part for themselves and each of them for him.self, his heirs, executors, administrators and assigns, covenant with the said Boat House Company that the said agreement will be carried out as above set forth. The above renewal clause shall be subject to the Railway Company's obtaining an ab.solute renewal clause fi'om the City of Toronto of the lots west of York Street, fronting (jn Esplanade Street, or obtaining the fee. In witness where(jf the parties hereto have hereunto set their hands and seals this 15th day of May, 1888. This agreement is subject to the proposed agreement between the City and the Railway being carried, (jr an}- other agreement between them enabling the Railways to ac(]uire the premises in question. For the Ontario and Quebec Railway Co. Witness as to signatures of E. B. E. B. OsLER, President. Osier and W. D. Matthews, DUUGALD J. MacMuUCHV. For the Argonaut Boat House Co., As to the signatures of Henry O'Brien and Thomas McCracken, A. W. Lanomuir. E. B. O.SLER, W. D. Matthews. Henry O'Brien, Thomas McCracken. Schedule B. This Agreement, made the ttiird day of December, 1888, between The Canadian Pacific Railway Company, hereinafter called " the Company," 0/ the first imrt, and William Henry Clind inning, of the City of Toronto, boat builder, who and whose heir.s, executors, administrators and assigns are hereinafter called " the owner," of the second part, and Edmund Boyd Osier, of the City of Toronto, stock and share broker, a direc- tor of the said company, who, including his heirs, executors and administrators, is hereinafter called "the director," of the third part. 124 lHi)2 Whi'ifiis hy a dnil't ajfrcciiicnt bearing lato tlio 26th day of April, A.l). 1ns8 and made hftwccii the Cnrporatioii <>l' the City of Toroiiti) ol" the first pai-t, ii>i' FiithEspianade <«raiid Trunk Railway Company of tlu' second part, antl the said the Canaiiian Agreement Pacific Railway Couijjany ol' the third l)ai't, it was proposed uuiong other thitii;s BchcUnle. that certain parts ol" Esplanade, York and Sinicoe street^ in the said City nf Toronto should he closed and conveyed by tlu> said City of Toionto to the (IrniiJ Tiuidx Railway Company, and tlie City further a^eed that they would sell to the said Company certain lots lyinu; to the south of the said Esplanade street ;i ml lietween York street and Siincoe street. And whereas the said owner is the assignee from the lessee of the City of Toronto of certain parts of said lots more jjarticularly descril)ed in the owihi's lease from Cvnthia Fuller et al, renil Din'ctiir I'or liiiiisfll' iiinl tin' Cipiiiimiiy CKViiiimts with lln' lid nWlnr tllllt till' Mliil il"li'Clllrllt will III' Clll'licil nlll lis JllidVi' set I'oJ'th. 26th July, , 1 • 1 , Flftli EHplanado ||, witii'^s wlin ri i|' tlu' |i;irlit's licii'td luivi' ln'iclluli) >t't tlii'ir IiiiikIs imj Mills (III till' iliiv .iinl vi'iir tiist aliovi' wiiitfii. Afrreement, Schedule KdMUNM) \i. Ost.EH. \Vm. a. Ci.indinnmnu. Siu;in' I, si'iilcil iiiid ili'livfii'd liy tlir said William lli'iiry Cliiidiiiiiiiij;, in the pl'i'sciict' 111' .IdiiN T. Small. And liy till' siiid Kdiiiuiid B. Osier in llif prrsciici' ni' S. n. SVKKS. SCIIKDLLE "C." MkmohANDUM 1)1' AiiREKMKNT iiiadf lirtwi'i'ii the Caiiadiaii Pacific Railway Ciiiii|iany, III' tln' tiisf iiart; Kdiiiinid I!. ( Islfr, nl' tlir (,'ily ot' 'rurmito, Ks(|iiir(', Hud Wiliuot J). Mattlii'Ws, 111' till' Ciiy nl' 'ruiniitn, Ksijiiin', nf the sfcoud jiart ; the 'I'ovniiti) Yacht dull C'liiniiaiiy, of llir third |iart ; and the Knyal Canadian Vacht Chil) III' the rointii iiart. Whereas the party of the first part, hereinal'ter called the " C'iini|iany," has poninieiiccil prm diny's under Tlie Railway Act to expropriate cci'tain waler loti (includini^j those hi reinarter inentioned) in the City ol' 'roroiilo, and has olilained the usual order in tliat liehalt' i'loni the Minister of Railways and canals. And whereas the party ol' the third part liy assitriinient ol" the lease hearing date the first day of Novenilier, 1S,S4, and made lietweeii Richard Dissette and others to the Toronto Yacht Club, is the lessee to those portions of lots nuinhers five and six, and the west riy ten feet of lot niiiiiher seven, nccordin^j to plan Dll(S. reeisM'ied in the Re^dvtry (Hlice for the City of Toronto as more particu- larlj- descrilied in said lease for the term of eii,dit years and four inontlis from the date of said lease at the yearly rental of two dollars and fifty cents per foot frontat^e ]ier annum and taxes. And whereas it has lieen ajireed lietweeii the Company and the party of the third part, in consideration of an a.ssienment of the .said lease and leasehold premises by the said party of the third part, to the Company with tlie con.sent of the party of the fourth ])art, that the Company shall remove the Cluh House l)nildinjj;s and dock end el upon thi^ said premises above described, now occupied by the ])artii's of the third and fourth parts, from their pi-e.seiit location and establish them upon tlie new location hereinafter descrilied. Now this indenture witne.ssetli that in consideration of the assij,mnient of the said lease and leasehold premises, as aforesaid (free from all "iicumbratice.s), the parties hereto covenant and agree each with the other as follows. 1. That the Company will, at its own expense, remove ami reinstate the present Club House liuildinf,'s and dock erected upon the premises above described ami locate the .same ujion the new kit situate immediately to the .south of the present Yacht Club premi.ses, .sucli new location to be upon the propo.sed New Windmill Line, or upon the proposed new street to run immediatel}' to the south of the present Windmill Line, or at any point between the said new street and the proposed new Windmill Line ns may bo selected by the said parties of the third and fourth parts, .said new lot to have a frontage of sixty (CO) feet, or such with tho ^,ii(l h. II' liinid ■^ IIUl INO. L.S.] LSI llllllllir, III t|u> iioiHo Railway ■ciiitii, Hsi|iiirt', ■ second iiarl ; DViil Caimiliiiii 'iiiii|iany," lias ;aiii wnicr lots I lias olilaiih'il aiials. ' li'fisu hearing I Dissetio and lots miinlicrs din<,^ to plan moi'o particu- niontlis from cents per foot party of the ami leasehold \\ the consent ' Chih House now occupied location and unnicnt of the nbrances), the reinstate the •ove described south of the iroposed New to the south ew .street and jarticH of the ) feet, or such 26th July, ruth EHpUinade A)(riiomeiit m !;)•• iter froiitajre as the parties of the third and fourth paiis may desire up to a | S1)t^ 111, \iminii ( Yacht Club. j 128 1893 26tli July, Union Station Agreement. G. T. R. and C. P. R. Union Station Ahrkement, Dated 26tii July, 1.S92, Between Ohand Trunk and Canadian Pacific Railway Companies. This Agfreemeiit, inailc this twtMity-sixtli day of July, in the j-ear of ( hir Lord Olio Tliousand Eio;ht Hundred and Ninety-Two ; liy and between The Grand Ti!UNk Railway Company of Canada. hereinafter called the " Grand Trunk," of the first part, and The Canadian Pacific Railway Company, hereinafter called the " Pacific," of the .second part : WITNESSETH tliafc eacli of the said parties hereto, for itself and its sncce.ssors. hath covenanted and herel)y doth covenant with the other and its snp- ces.sors as follows, that is to say : 1. That a Union Passenjjer Station hereinafter referred to as "the Union Station " shall be provided on the Union Station property as hereinaftor de.scribed. 2. The Union Station property shall consist of the land and common tracks shewn in red on the Map " A" hereto attached. Part of it now owned and the residue to he owned under the Tripartite Agreement hereinafter mentioned by the Grand Trunk, and also that shewn in blue in the said map to be acipiired by the Grand Trunk as hereinafter mentioned, toj^etlier with all l)Hildincrs, erections and tracks now or hereafter to be phiced on the said land for the purposes of the said Union Station. 3. So far as practicable the present Union Station shall be used for the purposes of the said Union Station, which shall be completed approximately in accoi'dance with the plans and general specifications annexed iiereto, and marked " B 1," " B 2," " B 3," " B 4," " B 5," " B 6 " and " B 7 " respectively, wliich plans and specifications shall be taken as embodied in and shall form part of this Agreement. 4. The tracks to be used in common under this Agreement are shewn in red on the plan also annexed hereto and marked " C " and are hereinafter referred to as the " Common Tracks." 5. The points svliere the Pacific .shall enter on the said tracks shall be those where said red lines join the line or lines of the said Pacific as shewn on said map " C " in yellow and the points where the Grand Trunk shall enter on the said tracks shall be those where said red lines join the line or lines of the said Grand Trunk as shewn on said map " C " in blue. 6. The vai'ious junctions referred to above and elsewhere in this Agreement and the apportionment of control and cost of the same are moi*e particularly describee' as follows : — in the neighborhood of Hathurst and Tecumseth Streets there wil. be several junctions between the freight and pas.senger tracks and between the tracks of the two Companies. The.se junctions are to be protected bj' a system of signals worked from one signal box, and the cost of construction of the various junctions, tracks and signals and of the working and maintenance of the signals and their appurtenances is to be borne equally by the parties hereto, the signals being under the control of the Managers of the Union Station. The Brock Street junction and signals are to be constructed and controlled by the Grand Trunk, and the cost of construction and maintenance is to be borne by the Pacific. In the neighborhood of Bay Street the various .itation tracks will come together and there will also be various other juiictiims. If po.ssible to do so with advantage, all these junctions are to be placed under the control of one set of signalmen in one single box, and the cost of construction of such junctions and the signals and their working and maintenance is to be borne by the parties hereto in the proportions provided for in paragraph 21 of this Agreement, and ]-2r> EEN GkaND ES. i \-oar of (iiir Wt'L'll • A. ( first part, and le second part : its succpsscirs, icr and its snc- LS " the Union as hereinaltor ;omnion tracks owned and the mentioned hy be acciuired liy lings, erections he purposes of ^ used for the proximately in ;o, and marked 7, wiiicli plans m part of this ! shewn in red ter referred to shall be those shewn on said enter on the nesof the said lis Agreement e particularly imseth Streets er tracks and o be protected f construction maintenance )y the partii's LJnion Station. controlled by :o be borne by n tracks will possible to do ontrol of one uich junctions jy the parties yreement, and till' si'^nals are to lie controlled hy the Nb-mfigcrs of the Tnion Station |ir(i|)erty. IfSDI^i 111 the event, however, of its beinu found t Agrcenunt, and tlic cn.st of ('(instrueliiin and c. P. R. maintenance of the latter iuneti;s or other property be reiiuired for the purpose of completing the I'nion Station as designed and shown by the said jilans annexed hereto, or as they may bo if nioditied by mutual consent of the parties hereto " of increasing at some futuic time th" area of the I'luon Station property for the oint use and benefit of the parties h(>reto, then and with th(>ir joint consent th(> same shall le ac(|uireil by the (Jrand Trunk and shall b" owned liy and shall stand in its name subject to the provisions of this Agreement, and the cost thereof, exclusive of any interest the (Jrand Trunk may now have therein, shall be met by the CJrand Trunk, and shall be charged to the said Cajii- tal Account and .shall bear interest at the rate of fcmr and one-(|uarter per centum per annum, and the expression ' the Union Station property " in any part of this Agreement shall at all times hereafter be ludd to include all such addi- tional land, buildings or other property so ac(|uired. 10. All the cost and expenses which may be necessarily incurred or expended in theereetiiser of the Union Station prop. erty under this Agreement, and the (irand Trunk shall find th(> funds neces-iry to complete the same in all respects as in this Agreement mentioned, and siiall proceed to complete the same without any delay that can be avoided, and the work shall be done under the supervision of a person to be appointed for that purpose by the Agreement of the Chief E.xecutive Officers in Canada of the p.ir- tiea hereto. 14. The Union Station property shall be managed l)y two persons who are hereafter called the Managers, one of such Managers to lie appointed Iiy each Company from time to time as may by each Company be deemed necessary. In the event of any ditlerence of opinion between the said Managers as to the man- agement or working of tlie .said Union Station property the same shall be de- cideil by the Chief Executive Otficers of the Couipanies in Canada, but it shall lie competent by consent to alter and change or modify every and any such ile- cision from time to time as circumstances may reiiuire. 1'). Rules and Regulations shall from time to time as re |uir('(l he made jointly by the Chief E^ceeutive OtH /ers in Canada of the parti-'s hereti for the instruction and guidance of the Managei'.s. 16. The Managers shall appoint a joint Superintendent who shall under them have the entii'e ennti'ol of ihe Station Staff, the haiKllinu' of trains and tlio transaction of all necessary and usual cm-rent business of the Union Station, 17. The Managers shall keep and furnish to each of the parties hereto accu- rate accounts of the working expenses of the Union Station prop(n'ty, but if it he decided that these accounts can lie more economically kept by the ordinary start' of the Grand Trunk, and from time to time rendereil to the other Company, this may be done by nnitual consent of the parties hereto, provided that if the (Jrand Trunk keep the accounts, then the books, acctmnts and other documents relating thereto shall be open to the inspection of the Pacific. 18. Working expenses shall consist of and shall include salaries, wages, sup- plies, maintenance of platforms and tracks, switches and signals, renewals of Sta- tion furniture and eipiipment, repairs of Station and buildings, taxes, iasurance, lighting, heating, water supply, ami all other tlie usual incidental expenses of a railway station. 10. Each Company party hereto .shall take the risk of accidents to its roll- ing stock, baggage ami other property as well as to passengers, except such as are caused by the negligence f>r other wrong of tlie other Company as to which the other Company shall bo liable. 20. In the event of ar.y claim i>i' claims liy any person or persons for dam- ages arising out of any oeeiu'rence the origin of which eaiuiot be attributed to the act or omission of L'itlicr j)arty or the respi'ctive employees of either party, ^r where damage has .'e-sidted to any person or property and responsibility therefor cannot be fixed satisfactorily, then and in all ami each of such cases the damages and co.sts or either and all loss thereby caused shall he ehai'ged to the account of the working expenses in adilition to the matters included in the definition of working expenses in this Agreement. 181 nviting of ■.■n- Jly a (,;i in " iviiiovin;; iv- y part of J! as iiiul sicfriiil-. so 1 Station [)iop. Hills necessary ined, iiuil siiall 'niiled, tml the )inteil for that ila of tlic par- H'sons who are iiitecl liy oach necessary. la IS to the iiiaii- e shall Ik; de- la, but it sliall I any such de- ired be made lereto for the ) shall uiidi'r trains and tlie 1 Station. s hereto accu- jV, but if it he )rdinary start' .'oinpany, this if the Urand lents relatinir 3, wajijes, Hup- unvals of Sta- es, insurance, expenses of a its to its roil- M'ept such an r as to which inns for daiii- n'biitcd to tho l:t'r party, nr liiity thiTcfiir the dania;,'cs If accoiHit nf thdinition of 21. The Managers slia 1 keep and rcniler to each Company party hcicto 1802 niiiiithlv an account of cvcrv vehicle whicli forms iiart of any train, and of the oii-ine or eiitrines haulinj^- the same which arrives at, and also of any train which union station leaves the I'niim Station property in the ordinary course (.f its passeiiiicr business, o^T^^R^and eiirh vehicle and each iMiu'ine Iiein;; counteil (,)nce on entering; ami once on lea\ iny; c. P R. e.\('e|it that no record >hall lie taken ol any empty vehicle entering;- the Inion Station property fo'' the purpose of takini;- up passeni^vrs or leavin>; the same after diseharijiiii;- passengers, or of the eii^diie or en;jines hatiliiii;- the .same, and the workini; expenses of the IJniun Station and of the Union Station property as defined in this A<,'reement shall be apportioned between the Companies parties hereto in the respective proportions which the number of each Company's vehicles and en<,nnes .so countesl as aforesaid bears to the total number so counted as aforesaid, but vehicles and enjjines comprisin},^ suburban trains passin^f thnaigh the Union Station shall only be counted once. In this ayreement the words "Suburban trains" .shall mean trains ninnine- to or from points not more than twenty miles distant from the Union Station. 22. The books, accounts and other documents of all kinds of the Manaj,feis, as well as of the Superintendent, shall at all times be open to the inspection of each of the parties hereto. 2.S. The ^b^nae(■rs aiiv any jKirty other than the parties hereto, either under an agreement or otherwise, shall from time to time be ai)plied towards payment of interest on the Capital Account. 2(). Any lease to any outside party of any ri<,dits in any pait of the Union Station property shall he by and in the name of the Grand Trunk as lessors (for the benefit of both parties to these presents), and the responsibility of collecting the rents shall be with the said Manae'ers, and the loss or ^'ain in collecting and "vttiii"' in said rents shall be debited or credited accordini'lv. 27. E(|Ual facilities shall be atf'ordeil at the Union Station to each Company party hereto for ad\ ertisin;.;- its own business and that of its connections. 2S. There shall be no toutiui;' or caiivassine- for )iassenii'ers < r freiy-ht in the rnimi Station or on the Uiii in respect of any pai't of tin; I'nion Siation [iropei'tv on such terms and to such extent ;i^ thf- Cliief Executive OtKcers of said Com[ianies iiei-eto may in writiue' umh'r ilicir respective (. Corporate Seals a^ree u])on. .'•il. Notliini,' in this agreement containe(i shall in any way interfere witli an}- of the present rie'hts which the (irand Trunk now has in respect of th. rumiine- of freight trains or any necessary shuntiny' work in connection with it^ freight trallic on those portions of the conUMon trncks which lie hetween [ht- PaciHc junction near Tecuurseth Stn'et and a point at or near l^rock Street and he- tween Hay and '.orne Streets respectively as shewn on sind plan "C," hut the Giiu\(i Truidv shall continue to have the rit;lit tu use the .said portions f(jr the said freiuht trains and for .shunting' j)ur]io,ses as and when it may he necessary, provided that the passen<;-er tratiic of eacli uf tlie ])arties hereto shall at all times be entitled to ami liave the use of said tracks in preference to any otiier tratlie what.soever ami provided also that such freight trains shall lie run and sucli shuntiui;- work shull Ix' done only under such rej;ulations as will provide that no passenger train of either party shall be therein' detained, and any extra cost of maintenance aiifl working exi)enses caused by such use of said track-^ shall be ascertained and fixed by said Managers, and the (irand Trunk shall be charged witli such extra expen.se and shall pay the .same. 32. The Pacific shall have the right to onuoct its tracks with the Orand Trunk tracks at or near Teeumseth Street, using for that purpose so ni ich of the one hun(h'ed foot str,]) as may be necessary for that purpose and as shewn on plan " C" hereto attached. ',i'i. Uipon the completion of the Union Station and thence forward each of the parties hereto shall be entitled to and .shall for all time hereafter u.se the T'nion Station property and .said common tracks for the purposes of its business jointly with the other ace u ling to the terms of this Agreement and without any preference of one over the other of any kind, or for any purposes whatsoevir exceptasis hereinbefore provided, and except as the ]).ifties liereto may hereafter from time to time agree upon, and on such com])'etion the AgreiMuent made hy and between tht' parties hereto, ami the rorcnito. Grey iSr Bruce Railway ConipMiiy, dateil first da.y of July, one thousand eight hundred and eiijhty-four in res]i(>ct of the use of the present station and tracks leading therel ill had el •21-' olle'r acc-nii of e.th 1 pai'tios li.rpto reaiTiini' the leetion with it^ lie l)et\vecii the k Street and 1,h. ," Imt the Graiul the said fri'iuht i', iiroviiled thiit 's Ije entitlc(i to wliatsoever am! in.:;- work shall ssenger train of lintenance aurl iscer(ained and ith such extra ith the Grand o'o so m icli of and as shewn rward each of reafter use the of its business id without any >es wIiatsoev.T may hereafter nent maile hy way Conip.iu}', r in resj)ect of uicelled exei']it I'mnk and it< times hereaftir nent provided, i }i,MVen to the vith the (Jrnnd tal Account at Union Station lys of January lal part theieef oni! of th'i-i' 1 Station. 183 ^'I'j. Eacli nf tlie parties hereto shall fr(an time tu time an<] at all times In r^- 189'^ aft' I use the Union Station as its i)ri)icinal station in the C,'it\' «>t' TiMnn'o, and if 1 I'i. -i. 1 11 r . 11 ■ • •• , ■ 26th July and as otten as it sinul carry lor toll any passen<4'er or passeiiLXfr-* in its trains union station south of Front Street to or from any jioint '<\\ <>r ])ast any jMU'tion nf the connnon c^T^R^lnd tracleriy of an_\' kind of iither party or which may he in its (diarj^e. 'M. Except as may fiom time to time lie otlier wise aiirced on lii-twi'cn the parties hereto, all linildini;s and erections and all fui'nitnre and ei|uipmi'nt formine; part of the Tnion Station property shall he insuicil against loss or damage ly tire, if it can he done, and the cost of so doine- shall lie pai't of the said working ex]ienses, and if and as often as any of the liuildini;'s or otlu'r property forming' part of the rnion Station property he destroyed in whole or in part b}- tire or other casualty the same shall be rebuilt or replaced without ihday, either according; to its former desio;n or such other desio-n, if any, as tlie parties hereto may aereo upon, and the cost of so doine- shall be ad(U'd to the said Capital Account, less the amount of insurance, if any, which may be received in respect of the destruction or damage thereof, and the Urank Trunk shall find the necessary funds, and they shall form part of the CajMtal Account ami bear intei'est as in the case of purchasing new properties as befcjie mentioned. 38. Both Companies parties hereto shall have the right to use the .said Union Station property and the platforms and tracks theri'in and thereon for the pur- posis not only of their passenger business but also for the usual business con- nected with jmssenger trains. 3f. In case of any dispute arising as to the rights of either party under this Agreement or any matter or thing herein provided to be done in respect of which there is no provision inconsistent therewith or which it is not provided .shall be decided In' the Chief Executive OfHcers of the pirtics hereto, such dispute shall be decided by arbitration in such manner as the parties heret<) may in writing specially agree upon in respect of such dispute, or in failing such special agree- ment, then the matter in ilispute shall be settled and determined by an arbitrator to be nominated by the parties, and in the event of his refusal or inability to act then the parties shall agree npon and appoint another sole arbitrator and his award given in writing shall be binding and conclusive on the parties hereto, provided that in default of such agreement and appointment, the President of the High Court of Justice for Ontario may make the appointment on the application (after six days notice) of either party to these presents, and in all respects not above provided for the proceedings including the appointment of the arbitrator and all other procee Victoria, Chapter ;i4, ami the Act-* amending the .same, over what was the Xorthern Railway, hetween the east side of Brock Street and the point of Juncticjii near Tecumseth Street in Toronto, hoth shewn in hlueon the .said plan annexed hereto and marked "C," V»ut these powers .shall all be exercised and subjai.l •it'll to Capiial covenant with sors will fidiii tile terms aii'l leil to he jii'i'- nil when tiny ?ont'iinfc(l. ami st as hereinhr- 1 hilHliinij t\w 1 its ami their le to time aiiii Grand Trunk perty and all ' the tern)s ef he respective Agreement srt or any other ever, and it is erost as at'ore- ) comply with led, the Grand erminato this to the (Jrand wers which it lailway Coni- and the Acts the east siile Toronto, hotli these powers and any Acts it traffic only d the Pacific in perpetuity injr from the ixt preceding property, ami ide oi" Brock ■y of the said itance by the 185 .qoutli limit of the Esplanade, and the Pacitic will ]iay the (irand Trunk for such rii:ht twenty-two cents per sipiare foot of the land taken, and in addition will btnid a crib work twelve feet in height between IJrock Street and the Water ^V 'rks property upon such line soutli of tlio Esplanade and north of the Wind- mill line as may lie agreed upon. And it is agreed between the ])arties that this cl.iiise supersedes any existini^' a;j,'reement between the ])arties hereto concernin^j; any intended conveyance (if any tracks or ri^ht of way or land therefor between til ■■ west side i<[' I'.i'oek and ilii' east siile iif Sinicoe Streets inelusixe. or if those stl'i'ets do not extend so far SdUth then hetween the sollthei'l\- jirodiletions of those streets. 4.5. Each of the parties hereto aifrees to carry out and Liive etl'eet to this imreenient in the most liberal and reasonable manner and operate the business so as to afford facilities to each other to the fullest extent compatible with safety and the convenient operation of tlu' business of both. 4(i. It is hei'eliy expressly agreed between tlie parties hereto that this Agree- ment shall not nor shall any clause or provision thereof be varied, vacated or atl't-eted in any respect by any of the provisions of the Tripartite Agreenu'iit hereinaftei' mentitjueil. 47. Each of the parties hereto for itself and its successors covenants and agrees with the other to perform, keep, obsei-ve and abide by the above Agree- ment in all respects according to the spii'it, ti'ue inttnt and meaning thereof. 48. This Agreement .shall not come into force or be liinding on eitlu'r ]iarty hereto until it has been approved by the Hoard of Directors of each of the .said Companies, parties hereto, nor until the Corporation of the City of Toronto and the parties hei'eto have entered into a Trijiartite Agreement in the form of that con- tained in the Schedule to an Act respecting the City of 'J'oronto, passed by the Legislative Asst'udily of the Provinci' of Ontario during the' Session of 18!)2, or in such other form as the three parties t(» that Agreement may consent to. In witness whereof the ])arties hereto have hereunto affixed their resiK-ctive Corporate Seals on the day and year first above written. Signed, sealed and delivered in pre'sence of THE GRAND TRUNK RAILWAY COMPANY OF CANADA. ISO'i 26th July. Union Station Agreement, G T. R. and C P. R. Witness, F. S. Cleverly. L. J. SEARGEANT . ^ — . General Manager. < seal | THE CANADIAN PACIFIC RAILWAY COMPANY. Witnes.s, G. M. Clark. W. C. YANHORNE . ^' — , President. < seal {■ LSU AoiiKKMKNT OK A.MAI.CAMATK .N, DATKI) Ot T(>r.i:i! IST, I S92, BETWKEN THK GuaM) Think Kaii.wav Chmpanv, the Mii'I.and 1vaii.wav, et ai.., ijeink Schkdi ik TO AiT, Chap. 47, Dom ISJVi Ist October. Agreement of amalgamation G. T K., Midland Railway et al. The Midland Railway of Canada. This ])ci'(l iniult' the tli-st ilny of OctolpiT, in tho yi'iir ot" our Lonl imip thousiiiiil t'i^ht hmulrt'd and ninety-two: lietween the CJrnml Trunk Railway ('(unjiiiny of Canada, in this ai;reeiiient called " Tlic (Jnviul Trunk," of the lii-r [lait ; the .faeiines Cartier I'nion Railway C'oniiiany, in the schedule hereii, marked " X," called the ".rae(jues Cartii.-r C'nni|iany," of the second ])art ; tlic Montreal and Chainplain .lunction Railway Company, hereinafter in the seheduli.' hereto, marked " \," called 'The Montreal ('onipany," of thi; tliird pait; tlio Beauharnois Junction Railway Company, hereinalter in the schedule hereto, marked " X," called " The r.eauliarnois I'ompany," of the fourth part; the Mid- land Railway of Canada, hereinat'cer in the sch dnlo hereto, marked "X," callr.l "The Midland," of the tifth part; iho Peterhorouj^h and Cheiiioni^ I.,ake Railway Company, hereinafter in the schedule hereto, marked " X," called " The Peler- borou^li Company,' of the sixth ])art : the Lake Simcoe .Junction Railway Com- pany, hereinafter in the schedule hereto, marked " X," called the " The Lako Simcoe Company," of the seventh ])ari : the (irand Trunk, (ieorifian Ray and Lake Erie Railway Comp my, hereinaftui' in the .schedule hereto, marked " X," called " The Geortjian Bay Com})any," of the eiijhth part ; the London, Huron ami Bruce Railway Company, hereinafter in the .schedule hereto, marked '' X," called "The Huron Company," of the ninth part; tlie Gilt and (Juelph Railway Com- pany, hereinafter in the .schedule liereto, marked " X," called " The (ialt Company,' of the the tenth part; The Brantford, Norfolk and Port Burwell Railway C(aii- pany, hereinafter in the .schedule hereto, marked " X," "'illed " The Brant''(ml Company,' of the eleventh i)art : the Wellinents is called tlie date of union or the date uheii this agreement shall take etiect, the said several <'ompanies respi'ctividy shall he and shall tiecome one company and one eorjioration. 2. That the c(ivpora(e name of the said uniteil rouipany so f(jrmed shall he the (irand Trunk Itailwa}' Company of Canada. n. That the uniteil Company shall he in\cste(| with and shall have all the rights, ])OWei-i and property, and he respoiisiMe for all the liahilities of the said (irand Trunk and of the said se\eral com]ianies pai'ties to these yireseiits other than the (ir.'ind Trunk, and any rie'ht, lien, en^aiieuicnt or other claim whi(di could he enforced hy oi' aeainst either tlie (irand Trunk uy any oilier of the said sexcral parties hereto, may on and aftei' the date of union he enforced hy oi- against the said till' iniited Conipany. 4. The horrowed capital existiiiL;' at tlie date of union of the united Company shall consist of the Grand Trunk borrowed capital mentioned in the .said first [lart of the .schedule hereto marked " A," and of the htn-rowed capital of the said several parties hereto other than the (irand Trunk shown in eolunni No. '.] in the tirst part of the said schedule hereto marked ' X." 5. It is further atfreed, that the share ca})ital of the sa'd several parties hereto other than the CJrand Trunk for the purposes of this a^'reemeiit and the said aiiial;.nimatioii shall he converted into onlinary stock of the united Company, and, that when the said amaleamation is completed and takes effect, the holders of the said share cajiital .shall be entitled to receive one dollar in the ordinary stock of the united Conniany for each dollar held by them respectively in the share capital of each company other than the Grand 'J'runk so amaleaniated, and the share capital of the (iraud Trunk at the time of such union and the share capital of the said com])aiiies other than the (}rand Trunk so converged as afore- said shall, after said union, form the share capital of the amalgamated Company. Ft is also agreed, that ihe holders of the .said ordinary stock created f(a' the c(jii- version of th(; .said share capital of said several parties hereto other than the Grand Trunk, for each fifty pcanids .sterline- held by them shall at all meetings of the united Company have one vote, liut no holder of said ordinary stock shall have a vole for any fractional part of said sum of fifty pounds sterling held by them. 6. The earnings of the said the united Company shall be liable and applic- able to discharge all debts and liabilities of the Grand Trunk and of the said the other parties hereto other than the Grand Trunk, in the same order and in the same manner and to the same extent that the earnings of each company shall be applicable at the time this agreement takes effect. 7 Any issues of any share capital, which could immediately before the date ©f union be made by the (jirand Trunk or the said several parties hereto respectively 1.S8 1 802 iBt Oi tohor. Agreement ot malgamatlon 0. T R Midland Bail vay, etal (itlii'i- tli.'Ui tlic CJrand Trunk, iiuiy IVom linio to tiiiir Ik- iiiadf liy tlic iMiitcl (Ji)iiiliiiiiy uiidi'i' tlio [Hiwers cuiit'cricil liy tin' Acts relatiii;;- to tlio (iraiul Trunk i\v to till- saiil several companies parties hereto respectively or any or either of thehi MS the case may he, oi' otherwise, l)nt such increase shall not lie nnule so a> to raise liie shaie capita! of the uniteil Company to an aminnit in the a;.'f;re;,fatf in excesH ol' that to which each company ]tarly hereto coiihl have raisetl the .same if these pi'csents had not heen made. S. The nimilu'r of directors of the united Company sIdiII he twelve. !l. The numher of directoi's may at any time he lncrease(l or reduced hy the shan^holders in special general meeting. 10. The (lualilical ion for directors shall he the .same as the (|iiaIifu'ation for dii'eetors of the < irand Trunk at and immediately liefore the date when this airree- ment shall take ett'ect. 11. Suhject (o the ]ii'ovisions contained in the next clause of th(>se presents the holdeis of (irand Trunk capital sliall continue to have the like power to voti- at all general meetings of tlie united Company on ami after the date of union, as holders of similfir capital in the (Jrand Trunk may have, at the date when this agreement sliall take efl'ect, to vote at meetings of that company, and holders of the share capital of .said .several parties to (his agreement respectively other tlian the (Irand Trunk shall have and continue to have the power to voti^ at all meet- ings of the united Company on and after this agreement takes eHect as holdir- of (udinary stock ot the (Jrand Trutds at and after tlu- diite when this agreement takes eH'ect as aforesaid, hut each such holder shall only have one vote for each fifty ])ounds sterling in the share capital of such other company converted as afoies.ud held hy him or her at the date of such union or thei'cafter, as the case may he. 12. Holders of the several s'ock.s and shares ami other capital of the Grand Truidc at the time this agreement takes effect shall ho and shall while .such holders, and all who hecome after siiid union the holders of any such, shall he entitled to vote in the same manner and on the said amount aa a (lualilication to vote as they were oi' would have heen entitled had these presents never been made. 13. The hoard of directors of the Grand Trunk in office when this agree- ment takes effect shall continue in office and .shall be the first directors of the united Company formed b}- this agreement, and they .shall be directors until an election of directors shall be held and made b}' the persons entitled to vote at the times and in the manner hereinafter provided. The directors of the said sevtu'al companies other than the Grand Trunk shah go out of oliice on t]ie day this agreement takes effect, and thereupon the then directors of the Grand Trunk shall become and shall be the directors of the united Company and shall under- take and have the direction and control of the affairs of the united Company. The first election of directors of the united Company shall, as .specified in clause 15, take place in the month of March or April, 1894, and the election of directors thereafter shall take place at meetings of the united Company, to be held in the month of Maich or April in each year as the directors shall from time to time by resolution direct. 14. The quorum of the dii-ectors of the united Company shall be from time to time fixed by the directors. 15. Of the said first dii-ectors of the said united Company so constituted as aforesaid, one-third as near as may be, to be determined by ballot among the whole body of directors unless they shall otherwise agree, shall go out of office at th IS nio till at or su p;u w 139 the nniti'il liMiid Trunk or I'itlicr (il ' iiiiiik' so )i> ■'L'll the same Ivo. lICcil \>y the itication for 1 lliis ajfroe- osf prosonts iwei- to vote it' uuiiiii, lis L> wlion tliis 1 holders of ' otlicr than lit all Mieet- t as holders < aqrccinent >ti' for each iinvortud as as the case the Grand while such •h, shall be itication to never been this agree- tors of the rs until an vote at the lid sev{>ral day this ind Trunk lall under- Conipany. 1 in clause f directors u'ld in the to time by from time itituted as imong the f office at till' ordinary general meotinj,' wliicli shall be held in the month of March or April, 1 SUti 1804, and in tlie like maiiiier one-third of tlie whole, to lie determined by ballot inKtng tlle other said tirst dileClors mentioned aliove, unless othel'wise'aereed, AK'reeme'nt'of ■^hall go out of otliee at the oidiniiry general meeting which may be held in the g">'''|""{;i\^^5'.['„j month of March or April, IS!)."), and the remainder of the said directois nained in Railway ct al. this agreement as the first dii'ectors of the uniti'd C'om])any shall go out of otlice at the ordinary general meeting of the united Company in the month of March nv \])v\\, \H'M\. iind in each instance the placi's of the retiring directors sh;dl lie supplied by an e(|Ual number of ijUiilitiid holders of capital of thi> united ('oni- jiany, and at tlie first ordinary general meeting held in tiie year next after the whole of the directors hen'inabns-e tirst appointed shall ha\e gone out of olJice and in each succeeding year one-third of the directors, being those who ha\ e 1 n longest in (illicit shall go out of otlice and their places shall l>i' sti]iplie(l in liki' manner; but (Very directia' going out of otlice may (if duly (Hialitie(| ) be re- elected and after re election sliall with reference to going out by rotation be con- sidered as a new director, and in case at any time the mnnber of *i till' iiiiiti''! ( 'iiiii|iMiiy ill Kiiyjliiinl. niul tlir luiditors in ( 'iiikkI)! sliiill fNiiiiiiiii' mikI iciioit iiiiuii till' ucToiiiits ut' till' iiiiilctl (.'iiiiiiiiiiiv in L'lniiulii, iiml sliiill all Agreement 0. tlin iit'CosNHiy powtTH niul tacilitlfs lor so iloili;;'. T R. Mil' land lit. I In' net cariiiii^is ol tlir iimtcil ( oiiipany s'lall im-aii tln' sur|.ius o| Rai way e-.i ^i^^, raiiiiii^s of tlic uiiiteil (.'oiiipany, ami its icvciiiirs I'loiii all siaircrs al'ttT ills- ('liai';4iii;;' tlif \voi'l-eparate comjianies at the date of union, or lea.seii to or held by the united Com])aiiy thereafter, any further or other ri^dus ai;ainst the uniteil Company, its jn'operty or earnini;s, tlian tluy re.spec- tivelv have under the lease, inortirae-e, boiioii or held by each and every one of the .said comjianies shall all be vested in, held and enjoyed by the said united Company and all and each and every of the said Acts of said iiC^rislatures respectively, except as in these presents expressly varied and except as otherwise in tlies(> ])reseiits ex])ressly jirovided, shall apjily to and shall be held as applicable to the said united Company, l)iit jijcnerally, exce])t as afore- said, the united Company shall continue to be carried on anil man.i'jjed, and all by daws, rules and reniilaticiiis uf the GrandTrunk in use when thisaL;reenient takes ctlect shall have etlect and shall until changed or alteri'd by the united Company or the directors thereof, l)e binding on all ihe otKcers, a^fents, servants and employeey of the united Comjitmy and .all others .'itlected thereby, as if the united Company were the same coiiipjniy as the said the ( Irand Trunk, and as if the wdiole midertak- incjof the united Com|)aiiy had beeiioriifinally the undertakinn of the Grand Trunk, ami in case of ;iny conflict lietweeii the provisions of any Act of any Legislature or r.'irliaiiieiit lelatiiiiji' to the (b'aiid Trunk, and the Acts ol" any LcLrisljilure or Parliament relatintf to any other of the said comjianies parties hereto, the Acts relating to the Grand Trunk shall jirevail and be applicable to the whole property of the united Com])any, but where there is no such conllict the whole of the .said enactments shall apply cunnilatively, iind the united (Company shall possess all the powers as raisinj^ capital and iill other jmrposes held by each and all the com- panies parties hereto before the makinir of this agreement. 2/5. Provided always that nothin;; i,09;{,r.r)i 33 *!tl, 802,737 06 Paht II. SHARE CAPITAL. 4 per cent Guaranteed Stock g 2.^,402.990 09 181)2 F,r«t Preforenco Stock 10 044 000 00 ;,econd Preference Stock 12 312,000 07 1st October. Uiird 1 reference Stock .,. s«d -.Qr. a-, Agreementof Ordinary Stock oomnooo ,.:• amalgamation ' 99,913,288 00 g. T. R., Midland Railway, et al. g 189,157.480 85 SCHEDULE "X." (Mentioned in the annexed Agreement.) Part I. BOKROWED CAPITAL. Name of Company. Column 1. Column 2. Column 3. Total Capital. Held by Grand Trunk Railway. Hold by Public. * + * * The Jlidland $ cts. 10,201,993 33 8 * cts. 2,742,.300,67 * * 8 eta. 7,459,626 06 * * * * # Part II. CAPITAL STOCK. Namo of Comjiany. riio Midland. Amount. 8 cts. 6.000,000 00 To 1)0 converted -i.^ in Section .') of tlie ALfreemont hereto annexed mentioned. 144 r,i; Vict. a. lip. .',7 {/>nnl.) An Art HKsrrrTiNc. nir. (Juand Timnk R.vii.ww ("ompaw ok Canada. [AsKintiil, lo /s' April, isr).^'.] WliiTras till' riranil Trunk Railway Coiiipaiiy ni' Canaila uii'l tlie I'ailvvay C'limjiaiiii's iMciititincd in '^ictinn tair of tliis Act, lia\c scxcrally l>y tlicir rcspcctivi 56 V. c 47 iDi. |ctiiiuus ])rayr(l tliat an Act lu; passed tn ratify and cimtiiiii and 1 S93 l.st April. , .. , , make \al 111 ;i confirming '^. '• , . ii.ii.i -i ' • , ,i i i.- Agreement with ci'i'tani a^rri'mi'iit cntri-iMi nitu iiy the saul conipanirs l(ir Inr anial^Miuatitin lu Lines"'""^^^'^ ciiiis.ilidaiinn (if till' said ciinipanics into one c(nii])aiiy, under the naiiii' of " Thi (Jrand 'IVunk llailway Company of Canada," and to Ljive the said anialy the said ainale-amat on or consolidation, and the woi'ds "the said companies" •shall mean the (Irand Trunk Railway Com]iany of Canaila, the Jac(|Ues C^artier Union Railway Company, the Montreal and Champlain Junction Railway Company, the Bcauliarnois .Junction Railway Company, the Midland Rail- way of Canada,, the I'eteihorouefh and Cheinony Lake Railway Company, the Lake Simcoe Junction Railway Company, tlie Giand Trunk, Geor;i, ??. The ajjreement entered into hy the said coiii])anies, an I set out in the schedule to this Act. is herehy contiiined and made \alid, and shall in all court- and places he taken and luhl to !)■ Keal, \alid and hindini;' in all respects what- soever, as fully and completely as if the said ayieeiuent and each and every clause thereof were set oat at leiiirth and enacted in this Act; ami the sai-l com])anies named in the s;ii(| agreement ai-e herehy amalgamated ; and from ami after the passing of this Act the saiil companies shall form and l)e one company under the name of "the (Jrand Trunk l{ailway Company of Canada," on the terms and conditicais set out in the .said agreement and in this Act, with the capital also mentione<| in the said agreement. 4 The Company may, after the date of iniion UKMitioneil in the said agree- ment, in addition to th(> several amount.s of (Jrand Trindc consolidated debenture stock mentioned in and authorized by the several statutes referred to in section three of chapter f(jrty-eight of the Statutes of IS!)0. and also in addition to the amount authoi-i/.ed by the .said section three, and ovei' and above and in addition to the amounts authorized by chapter thirty-nine of the Statutes of 1892, and over and above ami in addition to the amounts heretofore authorizecl liy any statute or statutes uf Canada (all of which by this Act are made applicable tn V OK CaN-AHA. AjH-'ii /.s',9.)'.] aii'l tlie I'ailvvuy ly tlii'ir rcspcctivi iiiid ii:;ikr \aliil :i auinl^MiiiJititiii or he naiiic of " Till ■^aill iiinalyMinati'il tii<; provisidiifs nl cut til c-i'ant tip' til till' advicr and ; as folic )\vs : — [uiri's a r getting in by exchange, purchase or otherwise, the said secuiities and obligations in the next preceding clause of this Act mentioned as being omitted from the schedules in the said several Acts in tlie saiil next pre- ceding clause referred to, upon such terms and conditions as are from time to time ."'greed upon between the Company and the respective holders thereof; and "f there is any surphis it may be apjilieil to the general purposes of the Conpany. fi. The (Jrand Trunk consolidated debenture stock issued or to lie issued under the provisions of clnipter tifty-two of the Statutes of 18S7, ofchapter tifty-eiglit of the Statutes of 18S8, of chapter forty-eight of the statutes of IISUO, and of chapter thirty-nine of the Statutes of 1892, shall, together witli the Grand Trunk consolidated debenture stock hereliy authorized to be created and issued, also the consolidated debenture stock authorized t(j be created and issued under the provisions of .section twelve of this Act, as and when created and issued, and the interest thereon I'espectively, rank e(iually as one single consolidated stock, and shall, suipject to all the priori- ties of existing charges, and also to the five per cent, perpetual debenture stock mentioned in schedule number two to the .said chai^ter fifty-two of the Statutes of 1884, and to all the provisions relating to tiie Company as to working expenses as set fortli in the schedule to this Act, be and become a first chai'ge upon the whole of the undertaking, railway, works, rolling stock, plant, property and effects of the Company ; but the holders of the said tJrand Trunk consol' dated debenture stock, whether i.ssued ])rior or sutiseiiuently to the passing of this Act or of the said former Acts in this Act above rel'erred to, .shall not as amongst themselves be entitled to any preference or ]iriority. 7. The holders of the said (inuid Trunk consolidated delienture stock, hereliy authorized to be cieated and issued, also the holders of the consolidated ilebenture stock authorized by section twelve of this Act, shall have the same voting power thereon as is now posse.s.si'd by the holders of the debenture stock heretofore authorized under the sev(>ral Acts in this Act above referred to, and the interest on the consolidated debenture stocdv by this Act !Uithorize(l shall be due ami pay- able at the same times, and in the same manner, and at the .same ]>laces, as the interest on the four per cent, consolidated debenture stock of the Grand Trunk Railwav Company of Canada, i.>^sued or authia'izeil to be is.sued, before the date of union in the s;iid agreement mentioned, under the saiil several Acts above in this Act mentioned and referred to. 8. The securities and obligations to lie acipiired as aforesaid shall lie held iis subsisting and cmtinuing for the purposes mentioned in section six of the Grand Trunk Railwav Act, 18^^. 10 1 1 1893 1st April. ■a V c. 47 (Di, confirming Agreement with Amalgamated Lines. 14(j 9. Al'ter the |iassiii(j of this Act, in ndrlition to tho powers liy this Act con t'fncd, the Cnnipaiiy, as rcuanls tlie civation ami issue oi' oonsoiidated dehenturc stock, shall have to their tVdl extent the poweis possessed liy the Gi-and Trunk Railway Company of Cai'ada at and before the pas.sinjf of this Act. 10. The Company, for the purpose of the cxeliunge of shares in the capital stock of the saiil companies other tlian the Grand Trunk Railway Company of Canada, as contemplated by the aj^reement set out in the schedule to this Act, may create and issue to the holders of the said shares ordinary or common stock of the Company to the extent mentioned in the .said agreement, and may exchange the .said stock for the said common stock of the said companies other than tlie Grand Trunk Railway Company of Canada, in tho manner mentioned and specified in the said agreement. 11. All tho provisions of the several Acts now existing relating to the .said .several companies respectively so consolidated or amalgamated .shall each and every one of them apply to the Company formed b^- the saiy this Act con Jatod dchoiiturc K' Oiand Trunk ;t. ■s in the capital •y Company of !ule to this Act, ' common stock K'lit, and may onipuin'us other iicr mentioned ing to the said shall each and unal^ramation ; lis of the said way Company ion of its line itario, and cre- onsof chapter lie Statutes of 'ariiiir interest lot exceeding Iniilt lu'tvveen in sections six therein men- idated dehen- ssiied. d to a general accepted by a I'son or repre- lie submission of the chair- ptance by the Secretary of State shall be idence of the 1 HiKi ofi VICT., CHAP. 48 (DOM.) An Act to give Effect to ax Aghee.mext Between the Urand Trunk Rail- way OK Canada, the Canadian i'AriFic Railway Company, and the Cor- pouation of the City of Toronto. [Assrnteil to 1st April. 1.^9-1] Whereas a p.'tition has been presented pravinrr that an Act 1m- pass.d .rivin^' etiect to the agnvnirnt h.T.iniiftrr mention..!, an.i it is rxprdimt to .r,ant th" piay.r of tlir said petition :— " ist April 56 V. c 48 iDi, Therefore lb,- Majesty, by and with the a.lvice and consent o," the Senate a/^ ^''''*°''' and House of Commons of Canada, enacts as follows:— 1. All works .hme or to be done in order to give et^'ept to the afnv.-iii..nt hereinatter meiitione.l as well as thos. affected bv it are h.-rebv .leclaml to be works loi' the g.'iieral ailvantage of Canada. •2. Anagreem.nt dated th.' twenty-sixth .lav of Julv. on.- thousand ei.Tht hundivd an.I inn.-ty-t w.), ma.l.- b.-tw.-en tli.- Craii.l Trunk Railwav Compan\"of Cana.la of tlu- Inst part, the Cana.lian Tacitic Railwav Cmpanv I.f th.- Second part, and th.- corporation of the city of Toront.) of thV thinl part, an-l r.-.'i.ster.-d in th.- registry ..the- for tin- .-astern division of th.- citv of Tor.tnt.i. in uZk p 9 ior hast T.)r..nto, .». th.- s.-v.-nth day of ( )ct.)I).-r, (Jiie thousan.l .-ight huii.hv.l and' ninetv two. au.l .)f which (exc.-pt th.- sch.-.lules an.I plans attach.-.! thereto) a copy is s.-t .mt 111 th.- seli.-.!ul.- t.) tliis Act, b-iviiig I n .lulv ratiHe.l as provi.le.l tor in Its tw.-nty-thir.! clau.s,-, is hereby declar.-.! to Ij.- in force an.! bin.linu- on the parties th.-i.-t.j. " li. Each u( til.- sai.l parties may .lo whatev.-r is on its part iiec-s.sary in con- nection with any of the said w.aks in ord.-r to carry out ami give etiect to its undertaking as .-mbo.lie.l in th.- sai.l agiv.-m.-iit. Schedule to tlu- for.-g.iing Act see page li:i. 148 1893 18th December. Patent to City of Water Lots Soutb of Old Windmill Line SPECIAL GRANT BY HER MAJESTY THE QUEEN TO THE CORPOR ATION OF THE (Tl'Y OF TORONTO. Ok Cehtaix Paucki.s ok Land and Land Covkkek hy the Wateus ok To R(j.\To Bav, in the City ok Toronto, Ontario, (lif. Old Windmii.i Line E.xtension.) Canada: i VICTORIA, by the grace of Cot), of tlio United Kiiistici', Canada. To all to whom tlifse pivsents shall come : Gref.ti.no, — Whereas the lands hereinafter nnitlon nf the ('i>ll I't TuroiUo, their successors and a.ssi^ais, all the estate, riyht, title, interest, claim and demand what-soevcr, which fia* the u.ses of the Goverinm-nt of Canada we have, or may have in, to or out of, all and sinifular those certain parcels or tracts of land .111(1 land covered by the waters of Toronto l>ay, in the City of Toronto, shown on the plan hereto attached, and which may lie more particularly described as fol- lows, that is to say : Fh-.-if. A jiarcel commenciiiL; at the southeast aii;^di' of Water Lot No. 1- accordinj; to Plan No. 5, " A.," tiled in the Rej^istry OtHce for the .said City, beinjj at the intersection of the production southerly of the west limit of Berkeley Stree* with the southerly limits of water lots as described in the patent from the Crow.i to the City of Toronto, dated 2lst Februaiy, 1.S4-0. ami now known as the " Old Windmill Line." Thence westerly alonj,' said " Old Windmill Ijiiie " to the sonth-we.st ant;le of Water Lot No. 7 on said Plan No. .5, " A.," beiii;;- at the inter- section of the jiroduction southerl}' of the east limit of Princess S'reet. Thence southerly alonif said production C29''-. feet, thence north o.") 21', east to the inter- se tion of the production southerly of the west limit of Berkeley Street, thence northerly aloiif,' that production -tStjA feet, to the place of be<,nnninj;. Exceptinij therefrom a strip of land, beinji sixty-six feet in width throuo;h- out, measured at rii,dit an<.des to the said " i)ld Windmill Line," and lyin;; im- mediately .south thereof, which is reserved by Her Majesty as and for an allow- ance for a public liij,diway ; the .said parcel above de.scriljed as bein^ jjranted by these presents being shown on said plan hereto attached as " Parcel 2." S<'r())iM Windmill lie! with the nee easterly lino drawn on southorh' hat line (H^ 1th throa of land si.xty six feet in wiilth tliroujjhout, lying immediately to the southward of and measured at right angles, to a line drawn paralhd with the sc'th limit of the Esplanade, through a point in the ])roduc- tion southerly of ne east limit of Seott Street, distant 4:ii)r(', feet measured southerly thereon from the south limit of the Esplanade, which stri)) is reserved ly Her Majesty as and for an allowance \'nv a piiMic highway. That parcel lastly above de.scrihed as hcing graiiteil ly these presents being sliown on .said plan hereto attached as Parcel 10. " A.'. Eiil/iflil'/. A parcel commencing at the south east angle of W.iter Lot No. Sn, according to the said Plan No. o, " A.," bring at the intersection of the divi- sion line between Water Lots. Nos. 8iS and :}!•, accord in lj to saiil Plan No. o, " A." with the saiil "< dd Windmill iJne." tlu'iice westerly along said "Old Windiiiiil Line " to the south west angle of Water Lot No. 40, on said Plan No. o, "A," thence southerly parallel with the proiluction southerly of the east limit of Bay Street ()44 feet : thence easterly parallel with the said "Old Windmill Line" to the intersection ^)f a line drawn southerly from the point of commeiuenieiit parallel with the production southerly of the west limit of Yonge Street, thence northerly along that line 644 feet to the ]dace of lieginning. Excepting therefrom a strip of land sixty-six feet in width throughout, lying immediately to the southward of and mea.sured at right angles to a line drawn paralhd with tin- south limit of the Esplan.-.ile through a point in the produc- tion southerly of the east limit of Scott Street, distant 4.S9r";i feet, measured south- erly thereon from the smith limit of the Esplanade, which strip is reserved by Her Majesty as and for an allowance for a public highway. The .said parcel lastly aliove described as btdiig granted by these presents being shown on saiil ])lan hereto attached as Parcel IL " H." Nivethli/. A jiarcel commencing at the .south-west angle of Water Lot No. 42, according to the said Plan No. o, " A.," being at the inter.seetioii of the pro- duction soutlu'rly of the east limit of l>ay Street with the saiil " Old Windniid Line,' tlieiiee easterlv along .said "( )|il Windmill Line' to its intersection with the division line between the east and west halves of Water Lot No. +1, on .said Plan No. 5, " A.," thence southerly parallel with the ])rodiiction southerly of the east limit of Hay Sticet (J44 leet, theiiee Westerly parall 1 with the said "Old Windmill Line'' to the intersection of the production southerly of the east limit of Hay Street, thence northerly along that production (144 feet, to the place of lieginning. Excepting therefrom a strip of land, sixty-six feet in width throughout, lying immediately to the southward of ami measured at right angles to a Hue 18 OH 18th December. Patent to City of Water Lots South of Old WlndmlU Line. I HiVA 18th December. Patent to City of Water LotH South ot Old Wliidmlll Line. 1 52 wliicli is tn lir its iinftliiTii limit, iiiid which iimy lir hkh-c )iiirti('iihirly i)iiit mi tiic |ir(iiluctiuii soiitin'rly of thr rji.st iiiiiil of I^ii_\ Sti-i'ct whrrr thr .Kiiinc is iiitrr-ccti'il \>y n lini' ilniwii ]iariilli'| witii thf smitli limit nf ih.'il |part of the Ksphiiiailc iyinu In'twci'ii l>iiy ami Viak Sti't'cts uml ilis taut 401) t'rrt mrasiirrd sDiithci'ly thcr.i'roni ah>ii^' thi' |)iMihi('tii>ii snuthi-rly nl the ui'sl limit III' N'nrk Sli'cct, thciici- cMstcily iilmij^ tin' |ii'iiilii('lii>ii df said liii> drawn iih al'(irc>aid, 4!) I't'i'i iiKirc m' less tn the iiiti'isi-ctimi >>\' a line drawn para Ijt'l, with tlic .sonth IImhI nf that pari ol' the Ks|)hinfidi' lyini; lictwccn Day an," Tenllil/J. A parcel commencinld Windmill jjine " to the iuti'i section of the ])roduc- tion southerly of the east limit of York Street, llhiier nort herly aloii<^f that pro- duction 1)44 feet to the place of beninniiiu-. Excoptin^f thend'rom ji strip of land, sixty-six feet in width throuj^hont, lyine; immediately to the southward of and measured at riiflit ane;les to a line drawn par.'dlel with the .soutli limit of tlie Esplanade throu;,di a ])oint on the pro- duction .southerly nf the we.st limit of Yolk Street, distant 40(i feet measured southerly thereon from the south limit of the Esphinade, which strij) is reserved l)y Her AL'ijesty as iind for an allowance for a public hiehway, sul)jeet, however, to the condition that all that portion of the land lastly above described as bciuL; fjranted liy thee presents lyin<;' south of the said stri]) so excepted as aforesaid shall be held ami u.sed for all time to come l)y the ("ity, so that it shall be at all times available for wdiarves for the accommodation of passcu^jer steamers of all classes. be iciiliirly (l(.scril)C(l '•••i>^t limit III' |!),_\ •I with (lie Sdiitl, l< Streets utl'l ilis tiuli snlllliel'ly nt ctinii (if siiiil liiii line (Jrawu p.irii letWeell l!,iy ;illH ■eiriilll, (iIdIIl;- till I'e imrili-eiisterK lie east ami west ller Majest\- a- ly these present' ^\'ater Lot \o. VA n of the iiroduc- I Wiiiiliiiill l^iiie," th-wc'st aii^flc of •tioii of tile pro- ln'rly alone; said mdiiiill Line " to t of Hay Street lie:\ The said parcel lastly ahove descrihed as heiiie' eranted hy these pi-esents | ^03 heiii^j shown mi said plan hereto attached as I'aicel |:{. „,,,,,, , , , 1 ,. 11. 1 ». littli December. I ifi I lUili/. A parcel {'(Miiinenciii^ at tin'soulli east aiiu'le ot WaliT l.ot No Patent to City 2.^), accordiiie'to Plan No. D lis. fyled iu llie lli-istiy otlice for the said City, Inin:,' soiaS m"" ow" the interaction of the |)rodiieii(.n -Mutleily of tli'e we^t limit of N'.a'U' Si red ^""""'" '-""■ with the said ■' Old Windmill Line. ' thence wc^ti'iy ajoni; said ' ( Md Windmill Lire " to the ,si ait h- west allele of Water Lot No. 1 , lai sail Plan No ' I ) " 1 |.S. Iiiine' at the intersection oi' the production .southerly of the east limit of Simcoi' Street, thence southerly alone' said product ion ')\'2,\, feet, thence N. 7'' ')ld Windmill Ijiie, and lyiiii;- im- mediately south thereof which is reser\'ed hy Her Majesty as and for an allow- ance for a puMic hiehway. The said parcel lastly aliove de-.ci'ilie>>' W. to the intersection of the pro- duction southerly of the ea--! limit of .iohii Street, thence iiiathei'ly along that production 29.")r,, feet to the place of heeiiinine'. Excei)tinL; therefrom a strip of land, heiii;^' sixty-six feet in wiilth through- out, measured at right angh's to the said " Old Windmill ijiiie," and lying inuue- diatelv south thereof, which is reserxfcl hy Her Majesty as .md for an allowance for a ]ail)lic higliway. The .saiiu'iil'ion nf llir ('iff/ ot Titi'iivtii, tlieir successors and assij^ns fore\er, for the j)ur|n)se of eiialilin;; the said Corporation, their siicccshcms and assii,nis, to and uipon the trust that they will carry into etl'ect tho provisions of the said memorandum of agreement. I'rovidecj always tliat nothing in tliese presents sliiill lie at any time held to al)solvi' the said Corporation, tlieir succcs.sors ami assi^jjiis or any of tlioiii, from fultilliiiL; in all respects the provisions of the Act, Clia]iter ninety-two of the Re- \ ised Statutes of < 'aiiada, .'ind tiuit no lillin;^ in or pier worU shall he undertaken or coiisti'ucteil liy the said Corporation, their successors or assiifus, on tiuy of such lands, until as rcLjards such filling' in or |tier woi'k tlie provisions of tlii' said Act shiill liave lieeii fully complied with. And provided furtln'r an. OflMET, Minister of I'ulilic Works. For aj.;reemont referred to in this patent see Windmill Lino A<^roement, page 1(17. tl. Si- ir. c. A grant similar to the above from the Crown in the right of the Province of Ontario to the Citv is ne th \ ear of our Puiilic Works. 10 A^'rcement, lu Province of 1804 ot Extensions of Streets. 155 I'atknt, Datki) Fi:imiAKY Sth, 1804, to thk C!itv ok Toiionth (ik tiik SoiTllKltl.V KXTKNSIONS ()[•' YdHK, SlMCdi; AND .lolIN S IKKins. (LS.) \ VICTORIA, hy the ;;race of (iod of the Fnite-l "John. I. M((li:i:,' ( Kingdom of (licuL Britain and Ireland, (»>i:ki;n, Ue- ])e|iuty (lovernor, ( fiiuier of the Faith, etc., etc., etc. Canada. ) To nil to whom these presmis shall eomp : (iHKKTiNfi, — Whereas the lands hereinafter desnihed now or formerly forniin;^ |ii\rtof the lied of the harlior of tiie City of 'roroiito, lieini,' a harhor vested in I's as reiircseiiti'd liy the (lovernmeiiL of Canada, are not reijuireij for liublic pat'euu'ociiy ' ]iiirpo.ses, And wliereas pursuant to authority duly ;^rantc(l by our (!overnor-in-Coun- cil, an a^'reement hath been made for the sale of the said lands or of all the interest thenin which is or may be vested in Cs for the uses of tlie Dominion of Canada to the Corporation of the City of Toronto, hereinafter called the said ( 'orporation, at and foi' the price and sum of ten dollars of lawful money of ( '.iiiada. And wlieii'.is the slid ( 'mporation hath duly jiaid tn the Minister of the In- Irrior to ( Mir use the said |iriet' or sum of ten dollars. Now know ye that in e()iisideratiiin oi' the said sum of ten dollars so jiaid to 'hir use as aforesaid We liaxc ;;ranted, liar;iainid, sold and cpiil claimed and do liy these presents Hiant, barL;ain, sell and i|uit claim unto the said Corporation its successors and assiniis all the ri;;lit, title, interest , claim, |>id]ierty. estate and demanplanade ; on the east by tlu,' pro(luetion southerly of the cast boundary of P' .e Street: on the west liy the production southerly of the west boundary of M' Street: on the south liy a line e.xtendiii;;- mi a coiir.se " N. 7<) 5y commaml. " L. A. C.\TF.I,I.IKI!," Under Secretarv of State. ' A. M, Rfuoi'ss." Deputy of the Minister of the Interior A '^vtinl similar to the above from the Crown in the ri;,dit of the Province of Ontario to the City is %. V^^"a \