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.1 
 
 COPIES OF PAPERS 
 
 CONNECTED WITH THE 
 
 Irsnrli&nflaitati 
 
 CONSTRUCTED BY THE 
 
 Municipalities of Port Hope a^d Petefborougli, 
 
 
 PROM 
 
 MILLBROOK TO PETERBOROUGH. 
 
 IPrlnted for distribution among the Members of the Legislature. 
 
 ncimmffliuMimiiro 
 ilinflPRflPRflflFflg 
 
 Sinl 
 
 PETERBOROUGH, C. W.: 
 
 lUCHAllD WHITE, PRINTER, IJOOKSEIJ.ER AND STATIONER, GEORGE STREET, 
 
 I 8 G 2. 
 

LEASE. 
 
 This Indenture made this thirteenth day of November, in the 
 year of c ur Lord one thousand eight hundred and fifty-seven, 
 between the Port Hope, Lindsay and Beaverton Railway Com- 
 pany of the first part, and George Tate of the City of Toronto, 
 in the Province of Canada, Esquire, and John Fowler of the 
 Town of Cpbourg, in said Province, contrnctor, of the second 
 part, witnesseth, that in consideration of the rents, f^ovenants, 
 clauses and agreements hereafter reserved and contained, and on 
 the part of the said parties of the second part to be paid, per- 
 formed, observed and kept, the parties hereto of the first part 
 have demised, leased and let, and by these presents do demise 
 lease and let unto the parties hereto of tlie second part, their 
 executors, administrators and assigns^ the right and franchise to 
 lay out, construct, make, finish, maintain and work a double or 
 single iron railroad or way, at the cost and charges of the said 
 parties of the second part, on ;md over any part of the country 
 lying between tlie Town of Peterboro' in the County of Peler- 
 boro' in the Province aforesaid, and the line of Railway on the 
 Station Grounds of the said party of the first part at the Village 
 of Millbrook in the Township of Cavan in the County of Durham 
 and Province aforesaid, and to take, convey and transport thereon 
 passengers, freight, goods and property. 
 
 And also the right and franchise to contract, compound, com- 
 promise and agree with the owner or owners, occupier or occu- 
 piers of any lands upon which they, the sn id parly of the second 
 part, their executors, administrators or assigns may determine to 
 construct the said Railroad either for the purchase of so much of 
 the said land and privileges as they shall require for the purposes 
 of the said party of the second part, their executors, administra- 
 tors and assigns, or for the damages which the said owner or 
 owners, occupier and occupiers, shall and may be? entitled to re- 
 ceive of and from the said party of the second i)art, their execu- 
 tors^ Hdmipi.»>trators or assigns, in consecjuence of the md intended 
 
Railway being made and (constructed in and upon his, her or 
 their respective lands ; and also the right and franchise to fix and 
 regulate from time to time (but subject to the conditions herein- 
 after expressed and contained) the tolls and charges to be received 
 for transportation of all freight, goods, wares, merchandise and 
 passengers upon the said Railroad, or for tlic use of any other 
 convenience, erection or improvement built, o' cupied or owned 
 by the said parties of the second part, their executors, adminis- 
 trators or assigns 1o be used tlierewith, sucli iolls not to exceed 
 the amounts mentioned in the Schedule annexed to and forming 
 part of these presents for the respective articles therein mentioned ; 
 and also to ask, demand, receive, recover and lake the said dues, 
 tolls or charges subject to the conditions aforc'said, to and for 
 their own proper use and benefit ; and also to regulate the time 
 and manner in which freight, goods and passengers shall be 
 transported, taken and carried upon the said Railroad, as well 
 as the manner of collecting all tolls and dues on account of such 
 transportation and carriage ; and also generally the right and 
 franchise to do any and every act, matter and tiling upon or con- 
 nected with the said intended Railroad, and llie laying out and 
 constructing, making, maintaining, finishing and working there- 
 of, which the said party of the first part, their successors and 
 assigns might or vxmld legally do under and by virtue of their 
 charter, to have and to hold all and singular the rights, franchises 
 and premises herein mentioned and described, and hereby de- 
 mised or intended so to be with the appurtenances to them the 
 said party of the second part their exec^utors, administrators and 
 assigns, for the full term of nine hundred and ninety-nine years 
 Irom and ensuing the day of the date hereof, and fully to be com- 
 plete and ended, yielding and paying therefor to the said parly 
 of the first part, their successors and assigns, yearly and every 
 year during the said term the clear annual rent or sum of Five 
 Dollars on the thirteenth day of November in each year if de- 
 manded, and the said party of the second part do and each of 
 them doth hereby for themselves and himself, ilieir and each of 
 their heirs executors, administrators and assigns covenant, pro- 
 mise and agree to and with the said party of the first part, their 
 successors and assigns, in the manner following, that is to say : 
 That they the said party of the second part their executors, ad- 
 ministrators or assigns, or some one or other of them during the 
 said term, shall and will pay the yearly rent lierein before reserv- 
 ed, on the days and in manner aforesaid if demanded ; and also 
 shall and will bear and pay all rates, taxes, assessments and out- 
 goijigb whatsoever, whether municipal, parllanientary or other- 
 
wise, now levied or iiereaftei* to be levied or imposed upon tlic 
 Haid intended Railroad, or upon the land, buildings and property 
 of the said party of the second part iheir execulors, u.'ininistra- 
 tors or assigns owned or used by them in connection 1 herewith at 
 any time during the said term; and also shall and will within 
 one year from the first day of January next complelely linish, or 
 cause to be finished, the said intended Railroad, and jnit it in 
 running order to the satisfaction of the Engineer, lor the being of 
 the said party of the first part, their sa(•c(^<sors or assi^^ns, ancl in 
 all respects acceptable to the Government Inspeelor oj Railways 
 for the time being; and also shall and will, during the said term, 
 nm at least one train for Xhv, conveyance of freight, goods ami 
 passengers each way over the whok; line of the said intended 
 Railroad, from Peterboro' to Port Hoi)t! and from P<»rt Hojie lo 
 Peterboro', without unreasonable delenlion, during every work- 
 ing day in each year, unless therefrom prevented by any mali- 
 cious or wanton act, or by the act of Divine Providence, or by 
 any act arising from political discord or rebellion, and in case of 
 any such prevention will use all proper and reasoiial)]'? diligence 
 to resume the working of the said Road ; and also shall and will 
 pny to the said party of the first j)arl their successors, s-ssees or 
 assigns, a rent or compensation for the use or right of running 
 one or more through trains from Peterboro', or any point on the 
 said intended Railroad, not less than two miles east of Milibrook 
 to Port Hope and vice versa, for the conveyance of frrlgli!, hk v- 
 chandize, mails and passengers as iK^reiniifler provided at all 
 hours, so as not to interfere with or impede trains n.nuin:- onthe 
 line betw(!en Port Hope and Lindsay or any part tlureof., such 
 rent or compensation to be ascertained arid paid we(Mdy in ad- 
 vance as hereinafter provided; and alse -' ;dl nnd will 'ay ont, 
 (construct, make, finish, maintain and wcik the said intended 
 Railroad, and exercise all and singular the powers, rights, fran- 
 chises and privileges hereby demised in all respects in conformity 
 with and under, and subject to the provisions of all or any acts 
 or act of the Parliament of the said Province now existing or 
 hereafter lo be passed, granting, amending, extending, restrain- 
 ing, or in any wise affecting the Charter, or any amendment 
 thereto, of the said party of the first part to build and construct 
 the said intended Railroad, and all acts of the Parliament of the 
 said Province, and all orders, directions and decrees of Railway 
 Commissioners, Municipal Councils, and all properly authorized 
 bodies or persons in any way affecting or relating to the said in- 
 tended Railroad ; and will indemnify and save harmless the said 
 p^ftiejj of th^ first part, theil sueces!;nrs ?^nj.l assigns, against all 
 
loss and duma^'o which may happen lo them in any inanner, from 
 the enjoyment -.ind exercise by them the said parties of the second 
 part, their ex( Nuilors, administrators or assigns, of the rights, 
 powM'is, franchises and privileges hereby demised or which may 
 in any way arise* lliereoul ; and shall and will keep the said in- 
 tendi'ti Railroad, and all appurtenances thereat appertaining in 
 good order, conJilion and complete repair, lo the satisfaction of 
 ihc Governmeni Inspector of Railways, and of the Engineer for 
 the time being of ihe said partiesof the first part, their successors 
 and assigns ; and also shall and will permit and suffer the said 
 party of t)ie fir.4 pari, llieir successors and assigns, and their 
 agents, surveyo; s, {'nglneers and workmen,at all reasonable times, 
 to enter upon tic said intended Railroad and inspect the same ; 
 and that lliey tic said party of the second part, their executors, 
 administrators uiid assigns, shall and will at the exi)iration or 
 other sooner deieiiiiinationof the said term, peaceably and quietly 
 yield up unto 11;^ said party of the first part, their successors and 
 assigns, all and singular the j)owers, rights and franchises and 
 privileges hereby demised, and will assign unto the said party of 
 the first ])art, th"iv successors and assigns, the said intended line 
 of Railroad, and 11 tlie lands and buildings owned and used by 
 the said pi'vty (^i lie second part in connection therewith, and all 
 a})pur1cnuiu;es ibcic 'o bolonging; and also shall and will during 
 the said term insure and keep insured all buildings and erections 
 now or hereafter to I u^ ( roeted upon or belonging or appertaining to 
 the said intendc^d Railway, in at least two-thirds of the value of 
 such buildings and c lecLions in one or more respectable Insurance 
 Office or Offices in aid Province, and pay the premiums for 
 keeping such polici ■;; on foot, and in case of destruction or dam- 
 age by fire to any ol said buildings and erections, will rebuild 
 and restore the saraa from and out of the monies received under 
 and by virtue of s" ich polity or policies of Insurance or otherwise ; 
 And also, that they, the said parties hereto of the second part, their 
 heirs, executors, administrators or assigns, shall not nor will fix 
 or establish, take or collect, any discriminating tolls or charges 
 for freight, goods, or property, carried by the said Railway, which 
 shall in any manner operate to the prejudice of the Port Hope Har- 
 bor and Wharf, taut, in order to draw and attract trade and business 
 to the said Harbor and Wharf, they shall and will at all times 
 during the existenee of this Lease fix, impose and exact upon 
 freight, goods and other property conveyed over the said Railway, 
 and shipped or intended to be shipped by water at any port or 
 point within ten miles of the Fort Hope Harbor and Wharf, or 
 that may liave been landed at any point within ten miles of )\h) 
 
isaid Harbor and VVliarl' ot" Port Hope, a taiirt' of cliargtis lor such 
 freight, goods and other property at least fifty per cent higher 
 than the charges upon similar articles convcyt^d by said Railway 
 and landed at or intended for shipment from the said Harbor, 
 and shall and will pay over the said fifly per cent to the Com- 
 missioners or other governing body of the said Port Hope Harbor 
 for the time being ; And also, shall not nor will assign, let or 
 otherwise part with this present L 'ise, or the powers, rights, 
 franchises and privileges hereby demised, or any or either of 
 them, or any part thereof, without tiie consent in writing of tiie 
 said party of the first part, their successors and assigns, first had 
 and obtained ; and it is hereby understood and agnu^d by and 
 between the parties hereto that the said party of tiic second part, 
 their executors, administrators find assigns, shall have the right 
 to run through trains to convey freight, merchandize and passen- 
 gers from Peterborough, or any other part of thf; said intended 
 Railway not less than two miles east of Mi 11 brook, to Port Hope, 
 and vice versa, ov(?r the line between Port Hope and Millbrook, 
 at all times, both day and night, and on each and evtny day in 
 the year, during the full term of this Lease, upon payment to the 
 parties of the first part, or to the lessees or occu[)i('rs of tlie said 
 line between Port Hope and Lindsay, of a rent or compensation 
 therefor, to be fixed by arbitrators chos(!n in the usual way, once 
 in every three years, to be paid weekly in iulvrinfc, and that the 
 said arbitrators shall fix and determine themaxirrmmduily number 
 of such through trains and the maximum numbcM- of cars and 
 engines of which the same shall be- composed respoct'vely, it 
 being understood and agreed that the occupiers of the said line be- 
 tween Port Hope and Lindsay shall maintain that portion of the 
 sai4 line between Port Hope and Millbrook in good and proper 
 working order at all times ; and also that each and all trains work- 
 ing to and from Port Hope and Peterborough shall be so regulated 
 asnot to interfere orimpede with the free runningof any train work- 
 ing on said line between Port Hope and J Jndsay, or on any part 
 thereof, or any works necessarily being carried on ilicreupon ; and 
 that all trains working upon the said line belwciin Port Hope 
 and Lindsay, or any part thereof, or any such works shall be 
 entitled to take precedence ; Provided always, that nothing 
 herein contained shall be held or construed to authorize the said 
 party of the second part, their executors, administrator or assigns, 
 to carry any way-freight, way-mails or way-passengers on such 
 trains between Millbrook, (or any point upon the said intended line 
 of Railway two miles east of Millbrook,) and Port 1 lope, it being 
 hereby understood and agreed that such last mentioned freight. 
 
8 
 
 mails and passengers shall be conveyed exclusively by theLessees 
 or proprietors of the said line between Port Hope and Lindsay; pro- 
 vided lastly,and tliese presents are upon this express condition, that 
 in case of breach or non-observance by the said party of the second 
 part, their execulors, administrators or assigns of any or either of 
 the clauses, covenants, provisions, conditions and agreements here- 
 in contained, and by and on the part and behalf of the said party of 
 the second part, their executors, administrator and assigns, to be 
 kept, done und })erformed, then, and in either of the said cases 
 from thenceforth, and at all times thereafter, it shall and may be 
 lawful to and for tiie said party of the first part, their successors 
 and assigns, (at the expiration of six calendar months after 
 notice in writing of their intention so to do, given by them to 
 the mortgagees of the said party of the second part) to re-enter 
 upon and lake jjossession oJ' the said, intended Railroad 
 structures and appurtenances thereto belonging, and also the 
 said rights, powers, franchises and privileges licreby demised, 
 and to re-possess -.md enjoy the same as if this demise had 
 never been executed, and thereupon these presents and every 
 matter, covenant, clause and thing herein contained shall cease, 
 determine and bo utterly null and void to all intents and purposes 
 as if the same had never been made ; and the said parties of the 
 first part do hereby for themselves, their successors and assigns, 
 covenant, promise and agree to and with the said party of the 
 second part, their executors, administrators and assigns, that they, 
 the said party of the second part, their executors, administrators 
 and assigns, paying the said yearly rent as aforesaid, and observ- 
 ing, performing, fulfilling and keeping all and singular the clauses 
 covenants, conditions and agreements herein contained, sjiall 
 and may hold and enjoy the said rights, powers, franchises and 
 privileges hereby demised, for and during the said term, without 
 any interruption by the said party ol the first part, their suc- 
 cessors or assigns, or any persons lawfully claiming by, from or 
 under them or any or either of them ; and also that it shall and 
 may be lawful to and for tlio said party of the second part, their 
 executors, administrators and assigns, to use the name of the 
 said party of \.\w first j)art their successors and assigns if neces- 
 sary, for the purpose of more fully enjoying the said powers, 
 rights, franchises and privileges hereby demised, provided the 
 said party of the second part, their executors, administrators and 
 assigns, indemnify and save harmless the said party of the first 
 part, their successors and assigns from and against every loss or 
 damage in consequence thereof ; In witness whereof the said 
 party of the first part have hereunto caused the corporate seal of 
 
9 
 
 the said Port Hope, Lindsay and Beaverlon Railway Company 
 to be hereunto ailixed, and the President thereof has set his hand 
 thereto as sucii President, and tlie said parties of the second part 
 have hereunto set tlieir iiands and seal respectively, at the said 
 Town of Port Hope, tlie day and year first above written. 
 
 (Signed,) The Port Hope, Lindsay and Beaver- [ Corporate 
 
 ton Railway Company, by Seal.] 
 
 J. SHUTER SMITH, 
 
 Pre s ident • 
 (Signed,) GEORGE TATE. [Seal] 
 
 (Signed,) JOHN FOWLER. [Seal] 
 
 Signed, sealed and delivered in the presence of 
 
 (Signed,) Thomas Ridout. 
 (Signed,) F. Fekguson. 
 
 [Here follows the Schedules referred to, which have reference 
 only to rates to be charged for freight.] 
 
 MORTGAGE. 
 
 This Indenture, made tlie Tlnrtietli day of November in the 
 year of our Lord one thousand eight hundred and fifty-seven : 
 between George Tate, of the city of Toronto, Esquire, and John 
 Fowler, of the Town of Cobourg, contractor, of the first part ; 
 William Cluxton, of the Town of Peterborough, Esquire, and 
 David Smart, of the Town of Port Hope, Esquire, Trustees to 
 the uses, intents and purposes hereinafter declared, of the sec- 
 ond part ; The Port Hope, Lindsay and Beaverlon Railway 
 Company, of the third part : Wliereas by an Indenture of Lease 
 dated the thirtieenth day of November in ilie year of our Lord 
 one thousand eiglii hundred and fifty-seven, and made between 
 the Port Hope, Lindsay and Bcnverton Railway Company, of the 
 first part ; anil th(.' said George Tate, and John F^'owler of the 
 second part ; the said Port llojje, Lindsay and Beaverton Rail- 
 way Company did ij^rant, demise, lease and let unto the said 
 George Tate and John Fowler, the right and franchise to lay out, 
 constrnct, make, finish, maintain, and work a double or single 
 iron railroad or way, from the present line of Railway upon the 
 station grounds of the said Company at the Village of Millbrook 
 to the Town of Peterborough, with all the rights, powers, fran- 
 
10 
 
 chises, privileges and aathority belonging or appertaining? to the 
 said Company, in respect of the same, and subject to the con- 
 ditions and provis'ons imposed upon the said Company by the 
 several acts of the Legislature of the Province of Canada, rela- 
 ting to or afiecting the said Company, as by reference to the said 
 Indenture of Lease will more fully appear, to have and to hold 
 the same unto the said George Tate and John Fowler, their ex- 
 ecutors, adminstralors, and assigns, for and during the full term 
 of nine hundred and ninety-nine years, yielding and paying 
 therefor the yejuly r(;nt or sum of Five Dollars, if demanded, and 
 subject to the clauses, covenants, provisioes and agreements, 
 therein set fortli and contained : And Wliereas, the said George 
 Tate and John Fowler have contracted and agreed with the said 
 Company to build and construct the said Railway from the pres- 
 ent line of Railwny upon the said Station grounds at Millbrook, 
 aforesaid, to the Town of Peterborough, aforesaid for the sum of 
 Fifty Thousand Pounds, currency, assuming the distance not to 
 exceed twelve and one half miles, and to complete the same 
 within one year I'lom the date of these presents : provided the 
 Municipality of Peterborough will furnish and contribute the sum 
 of Thirty Thousand Pounds, and the Municipality of Port Hope 
 the sum of Ten Thousand Pounds, for that purpose, leaving the 
 sum of Ten Thousand Pounds, which the said contractors agree 
 to furnish and contribute out of their own means to make up :he 
 said sum of Fifty Thousand Pounds ; and for which they are to re- 
 ceive in payment an ('([ual amount in the stock of the Company,and 
 as an inducement to the said Municipalities to furnish and contri- 
 bute the said respective amounts, the said George Tate and John 
 Fowler have agreed to pay to the said Municipalities respectively 
 annually, during the continuance of the said lease, a sum equal 
 to six per cent, upon the amount so to be furnished and con- 
 tributed by the said Municipalities respectively, and as a security 
 for such payment and for the completion of the said Railway, 
 according to the tc^rms of tlie agreement in that behalf, have also 
 agreed to (^vecute a Mort£j;ag«'. of the said Indenture of Lease, 
 and the W.xm tlnu-cby cnnited, and all the rights, powers, privi- 
 leges and autlioritics conferred upon them by virtue of the same, 
 to the said parties licreto of the second part, as Trustees for the 
 benefit of the said respc^ctive Municipalities of Peterborough and 
 Port Hope : Now this Indenture witnesseth, that in consideration 
 of the premises as well as in consideration of one dollar to them,the 
 said George Tat(; and John Fowler, in hand by the said parties of 
 the second part paid, the receipt whereof is acknowledged, the said 
 George Tate and John Fowler, by and with the consent of the said 
 
u 
 
 party of the third part testified by their being a parly hereto : have, 
 and each of them hath granted, assigned, transferred and set over, 
 and by these presents do, and each of them doth grant, assign,trans- 
 fer and set over unto the said parties hereto of the t^econd part, as 
 such trustees as aforesaid, the said indenture of lease hereinbefore 
 mentioned and referred to, and all the rights, powers, franchises, 
 privileges and authorities thereby conferred upon, or vested, or in- 
 tended to be conferred upon or vested in them, or either of them, 
 and the term thereby created or the residue thereof unexpired, and 
 yet to come, and all the Railway and structures that is or are or 
 may be constnicted under or by virtue of the same, and all the 
 Lands that may be set apart, designated, purchased, or acquired 
 therefor, and all the materials that are or may be procured or pro- 
 vided for the same and all and everything belonging or appur- 
 tenant thereto : To have and to hold the same and all and sin- 
 gular thi? premises in the said Indenture of Lease mentioned and 
 referred to, and thereby intended to be conveyed unto them the 
 said parties hereto of the second part, as such Trustees, as afore- 
 said, and to the survivor of them, and to the executors, and admin- 
 istrators of such survivor, to his and their own use for and upon the 
 trusts nevertheless, and for the intents and purposes hereinafter 
 declared, of, and concerning the same : Provided always, that if 
 the said George Tate and John Fowler or either of them, their 
 
 heirs, executors, administrators or 
 
 assigns, 
 
 shall and will from 
 
 time to time, and at all times hereafter, well and truly observe, 
 perform, fulfil, and keep all and singular the clauses, covenants, 
 conditions and agreements, hereinafter contained or referred to, 
 on their or eitherof their part and behalf, to be observed, perform- 
 ed, fulfilled and kept, then these presents and everything herein 
 contained to be absolutely void : And the said George Tate and 
 John Fowler do hereby for themselves and each of them for him- 
 self, his heirs, executors, administrators and assigns, covenant and 
 agree, to and with the said parties hereto of the second part, and 
 their successors, and the survivor of them, and the heirs, execu- 
 tors and administrators of such survivor, as Trustees as aforesaid, 
 that provided the said Municipality of Poterboro' will furnish and 
 provide the said sum of Thirty Thousand Pounds ; and the said 
 Municipality of Port Hope the said sum of Ten Thousand 
 Pounds, to be expended in and about the construction of the said 
 intended Railway, and pay over the same to the parties hereto 
 of the first part, as the work on the s lid Intended Railway pro- 
 ceeds, upon the monthly estilnates of the Engineer of the said 
 Company, for the titne being (such monthly estimates to bear a 
 pifoportiofl to the atnount of the whole work to hn done, such 
 
12 
 
 Engineer to be acceptable to llie Town Council ol" the Town ol 
 Peterboicugh) of the value of the work actually done and material 
 delivered in the following amounts or proporUons,respectively,that 
 is to say : the Town of Peterborough paying, and to pay, three-fifths 
 of the amount of such monthly estimates ; aud the Town of Port 
 Hope one-fifth part thereof ; the remaining one-iift'i being assumed 
 or paid by the said parties of the first part, always deducting how- 
 ever from every such monthly estimate a drawback often per 
 centum thereof, whicih ten per centum is \o be w Llhheld from the 
 said George Tate and John Fowler, until the completion of the 
 said Railway, and to be paid over in the same ])iop()rtio!is within 
 thirty days after the acceptance of the said Railway by the said 
 Engineer, as complete ; llicn that they the said (ieorge Tate and 
 John Fowler, their heirs, executors, adminislr;.U)rs, and assigns, 
 shall and will pun-hase iuid procure the right-of-way for the said 
 proposed Railway, from the line of Railway on tli' said Millbrook 
 Station to Peterborough, aforesaid; and lay out, construct, and 
 build the said intended Railw ay, in manner following, that is to 
 say : Commencing at some point on the line of the Port Hope, 
 Lindsay and Beaverton Railway on the Station grounds at Mill- 
 brook, aforesaid, and extending thence to the said I'own of Pe- 
 terborough ; the banks of the said (Railway to be fourteen feet in 
 width, and the cuttings to be twenty-two feet in width at sub- 
 grade ; in both cases no grades to be used whit-ii shall exceed 
 one foot in one hundred jfeet ; no curves to b(; less than half-a- 
 mile radius, except at Stations ; all culverts. and bridges to be 
 of wood of as good a character as those on the present Railroad 
 of the said Port Hope, Lindsay and Beaverton Railway Com- 
 pany ; substantial and suflficient fences to be made ; and cattle 
 guards and crossings put in where recjuired ; the rails lo be of 
 wrought iron, eighty tons to the mile ; ties to iw. of ecpial (|uality 
 to those on the line from Port Hope to Lindsay, wrought iron 
 chairs, of not less than eight pounds in weight each; the rails to 
 be spiked as substantially as upon th(> said present Railway of 
 the said Company ; the whole of the ,^aid intended Railway to 
 be ballasted with clean gravel or sand, equal in quantity to the 
 ballasted portion of the said present Railwiiy and of the best 
 quality the district or vicinage will afford ; ;iiid shall and will 
 provide all materials required thereon, and finish and complete 
 the said intended Railway, and open the aanw for traffic within 
 twelve months from the date and execution of these presents : 
 And furthermore, that they the said parties hereto of the first part, 
 their hell's, executors, administrators and assigns, shall aud will 
 \ii ttll tiitife* tltiHttg thp, «?dalehd»^ •♦{ Ihe md Lea-iif?, pay to \\\^. 
 
13 
 
 respective easurers, for the time being, of tiie Towns of Peter- 
 borough 8ui Port Hope, for the use of the said res])ecrive Muni- 
 cipalities, a sum equal to six per cent per annum upon the 
 amount to be contributed and furnished by the said INIunicipali- 
 ties, respectively, as aforesaid, in equal half yearly payments of 
 three per cent, to commence at and be computed from l h(3 expira- 
 lion of one year from the execution of these presonis, unless such 
 Municipalities shall pay over the wlioh^ arnotml of the said res- 
 pective contributions at an earlier period, in whicli case tlie said 
 annual payment is to commence at and be computed frt»m the date 
 of such payment respectively as hereinbefore provided ; and also 
 will not during the first ten years of the said term cliari,^e, impose, 
 ask for, demand or collect for transportat ion between Peierborough 
 and Port Hope, any greater or higher rates for freight than the 
 rates set down and specified in the schedule, endorsed on these 
 presents and marked "A" for the articles specilicd iliorein, re- 
 f-pectively ; and that from and after the expiration of that period 
 the tariff of charges for such freight shall be settled by arbitra- 
 tion in the usual way : And furthermore, shall and will well and 
 truly observe, perform, fulfil and keep all the clauses, covenants, 
 conditions and agreements in the said Indenture of Lose, con- 
 tained on their part, to be observed, perfornKHl, fulfilled and kept : 
 And also, shall and will execute and deliver at the reasonable^ 
 request of the parties of the second part, or their successors in 
 the trust, any further reasonable or necessary conveyance of the 
 premises or property hereby conveyed or intended so to b", vv any 
 part thereof, to the said parties of the second part, or their suc- 
 cessors in the said trust, their executors, adminstrators or assign;., 
 for more fully carrying into effect the objects hereof, particularly 
 for th\3 conveyance of any property, the title to whic-h shall sub- 
 sequently to the date hereof, be acquired by the parties of the 
 first part, and connected or used with or belonging or appurtenant 
 to the said intended Railway : And also, that they, tin; said 
 parties of the first part, now have in themselves good right, full 
 power and authority to grant, assign, transfer, and set over, the 
 premises herinbefore mentioned and described, and hereby con- 
 veyed or mentioned or intended so to be with the appurtenances, 
 unto the said parties of the second part, their successors in the 
 trust and assigns, in the manner and form aforesaid : And it is 
 hereby declared and agreed by and between the parties hereto, 
 that in case the parties hereto of the first part shall make default 
 in the performahee Or keeping of the said covenants hereinbefore 
 ootttaitted ot tQ(emd to, bi* ony of them (whereby rho estate of 
 lh« said panlts herDio oi' the ^ecohd pun m mivh Tntptlccf',, An 
 
14 
 
 aforesaid, shall become absolute) then and immediately upon and 
 after such default, the parties hereto of the second part, their 
 heirs or assigns or their successors in the said tnist, shall and 
 may enter into and upon all the lands and premises hereinbefore 
 mentioned, and hereby conveyed or intended so to be, and to the 
 possession of all and singular the said Railway from Millbrook 
 aforesaid to Pelerborough aforesaid, with the appurtenances and 
 all the Stock, Plant, Engines, Cars, and other things belonging 
 thereto, and all other matter and things hereby conveyed or men- 
 tioned, or intended so to be, to their own use, but upon trust, 
 nevertheless, for the benefit of the Town Councils of the said 
 Towns of Peterborough and Port Hope, respectively, and either 
 by themselves or their agents, substitutes, or servants, to work 
 and operate the said Railway, and have, use, and employ the 
 same with all such powers, rights, privileges and authorities, as 
 by the said her(iinbefore in part recited Indenture of Lease are 
 vested in or conferred upon, or intended to be invested in, or 
 conferred upon the said parties hereto of the first part, and to 
 have, take and receive the earnings and profits thereof, and after 
 making from time to time, all needful repairs, alterations, and 
 additions iherelo, and after deducting the expenses thereof, and 
 the expenses of working and operating the said Railway, to pay 
 over half-yearly any surplus of such earnings or profits, that may 
 remain to the respective Treasurers for the time being, of the said 
 respective Towns of Port Hope and Peterborough, in the follow- 
 ing amounts or proportions, that is to say : to the Treasurer of 
 the Town of Port Hope, one-fourth of such half-yearly surplus ; 
 and to the Treasurer of the Town of Peterborough, three-fourths 
 of such surplus, to the public uses of the Town Councils of the 
 said Towns, resp<'c!ively : And it is hereby further declared and 
 agreed, by, and between the parties hereto, that in case the said 
 parties hereto of the second part, or the Trustees or Trustee, for 
 the time being, shall at any time hereafter, enter into the actual 
 possession of the premises hereby conveyed, or intended so to be, 
 for, upon, or in consequence of any breach of any of the provi- 
 sions hereinbefore? contained, by the parties hereto of the first 
 part, their executors, administrators or assigns, then and in such 
 case, it shall and may be lawful to, and for the said parties here- 
 to, of the second part, or the survivor of them, or the Trustee or 
 Trustees, for the time being, by, and with the consent of the 
 Town Council of the said Towns of Peterborough and Port 
 Hope, respectively, to cause the said Railway, lands, stock, and 
 promises, to be sold, at such linle, and at such place and in such 
 mannrr, and upon fetich terms and condition* M by th# soid ireim 
 
1& 
 
 as 
 
 
 pective Councils, may be appointed and directed in that behalf, 
 and to assign and convey the san>e to the purchaser or purchasers 
 thereof, to hold for the residue then unexpired of the said term, 
 and subject to the terms and conditions of the said in part reci- 
 ted Indenture of Lease, and to all the clauses, covenants, agree- 
 ments and stipulations therein contained, and to take and receive 
 the purchase money arising from such sale, and to give valid and 
 effectual releases and acquitances for the same ; and upon re- 
 ceipt thereof, after deducting the expenses of such sales, to pay 
 over the balance to the respective Treasurers, for the time 
 being, of the respective Towns of Port Hope and Peterbo- 
 rough, in the following amounts or proportions, that is to 
 say : to the Treasurer of the Town of Port Hope, one-fourth of 
 such balance, and to the Treasurer of the Town of Peterborough, 
 three-fourths of such balance, to the public uses of tlie Town 
 Councils of the said Towns, respectively : And it is further 
 mutually agreed by and between the parties hereto, that in 
 case of the death, incapacity, or resignation of the said Wil- 
 liam Cluxton one of the said parties of the second part, or of 
 any future Trustee who may be appointed to succeed him in 
 the said trust under the provisions of this clause, all his estate, 
 right, interest, power and contract in the premises shall be di- 
 vested, cease and determine, and the same shall from thenceforth 
 for the purposes aforesaid be vested in and all and singular the 
 trusts and duties herein declared and set forth on his part or be- 
 half to be discharged or executed, shall devolve upon and be 
 executed and discharged by such person as shall be nominated 
 and appointed in that behalf by the said Town Council of the 
 Town of Peterborough, by a By-Law of the said Town Council, 
 or by any instrument to be adopted or passed by the said Town 
 Council, with the usual and requisite formalities of a By-Law, 
 and in like manner in case of the death, incapacity or resignation 
 of the said David Smart, the other one of the said parties of the 
 second part, or of any future Trustee that may be appointed to 
 succeed him in the said trust, under the provisions of this clause, 
 all his est ale, right, interest, power and control in tiie premises, 
 shall in like manner be divested, cease and determine, and the 
 same shall from thenceforth for the purposes aforesaid be vested 
 in and all and singular the trusts and duties herein declared and 
 set forth on his part or behalf to be discharged or executed, shall 
 devolve upon and be exercised and discharged by sucli person as 
 shall be nominated and appointed tn that behalf by the said Town 
 Council of the Town of Port Hope, by a By-Law of the said 
 Council, or by any instrument to be passed or adopted by the 
 
i 
 
 a 
 h 
 
 IT 
 
 rr. 
 
 P< 
 ai 
 
 al 
 
 th 
 
 ti< 
 
 n( 
 
 T. 
 
 b) 
 ai 
 
 sa 
 
 bj 
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 CO 
 
 ha 
 ms 
 ad 
 th< 
 ov 
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 the 
 an( 
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 sai 
 agi 
 pai 
 the 
 pos 
 for, 
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 par 
 cas 
 to, 
 Tn: 
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 ptQ] 
 
 said last mentioned Town Council, with the usual and requisite 
 formalities, and in the nature of a By-Law; And it is further 
 mutually agreed and understood, that the said parties of the 
 second part, and their successors in the said trust, shall be enti- 
 tled to receive proper and adequate compensation for any labour 
 or service to be performed by them in the discharge of their trust, 
 in case they should be compelled to take possession of the said 
 premises or to manage the same, and shall and may for that pur- 
 pose appropriate to themselves and allow each other, and retain 
 any moneys sufficient therefor which may come into their hands ; 
 and it is further declared and agreed by and between the parties 
 that the parties of the second part and their successors in the 
 trast, their and each of their heirs, executors, administrators and 
 assigns shall be charged and chargeable respectively only for 
 such moneys as they shall actually receive by virtue of the trust 
 hereby imposed on them, notwithstanding his or their signing 
 an) receipt for tlie sake of conformity, and any one or more of 
 them shall not be answerable for the other or others of them, but 
 each and every of them only for his or their own acts, receipts, 
 neglects and defaults respectively, and that they shall not nor 
 shall either of them be answerable or accountable for any bank, 
 banker or broker or other person with whom or in whose hands 
 any part of the trust moneys shall or may be deposited or lodged 
 for safe custody or otherwise, in the execution of the trusts here- 
 inbefore mentioned, nor for the insufficiency or deficiency of any 
 securities, stocks or funds in or upon which the said trust moneys 
 cr any part thereof shall be placed out or invested, nor for any 
 other loss, misfortune or damage, which may happen in the exe- 
 cution of any of the said trusts, or in relation thereto, unless the 
 same shall happen by or through their own wilful default, res- 
 pectively : And it is further declared and agreed that the receipts 
 of the said Trustees or either of them, or of their, or either of 
 their successors, in the said Trust for any of the said Trust mon- 
 eys, shall be a sufficient discharge to the person or persons pay- 
 ing the same for the amount specified or to be specified therein, 
 respectively ; and that the said person or persons so paying the 
 same, shall not be bound to see to the application of the sams, 
 nor be answerable for the non-application or misapplication 
 thereof. And it is further declared and agreed, that until default 
 shall be made by the parties hereto of the first part, their execu- 
 tors, administrators or assigns, in paying the moneys hereinbe- 
 fore stipulated to be paid by them, or in doing, observing, fulfill- 
 ing, performing, and keeping the clauses, covenants, provisions, 
 stipulations and agreements, hereinbefore mentioned, or con- 
 
17 
 
 luisite 
 rther 
 f the 
 enti- 
 labour 
 trust, 
 le said 
 |at pur- 
 retain 
 Ihands ; 
 parties 
 Is in the 
 ors and 
 only for 
 he trust 
 signing 
 more of 
 hem, but 
 receipts, 
 1 not nor 
 ny bank, 
 >se hands 
 or lodged 
 usts here- 
 icy of any 
 St moneys 
 )r for any 
 n the exe- 
 unless the 
 ifault, res- 
 ile receipts 
 r either of 
 Prust mon- 
 !Tsons pay- 
 ed therein, 
 paying the 
 the same, 
 application 
 Qtil default 
 heir execu- 
 3 hereinbe- 
 ring, fulfill- 
 provisions, 
 ed, or con- 
 
 lained or some part thereof, or some or one of them, they, the said 
 parties of the first part, shall be entitled to and may retain full 
 possession and control of and over all and singular the premises 
 hereby conveyed or intended so to be, with the appurtenances in 
 the same manner, and to the same intent, as if these presents had 
 never been made : Provided always, that in the event of any for- 
 feiture made by, or on the part and behalf of the said George Talc? 
 and John Fowler, their executors and administrators and their 
 assigns, other than the said parties of the second part, then and 
 in any such case, the said forfeiture shall ensue to and lor the 
 benefit of the said parties of the second part herein, their suc- 
 cessors and assigns, as such Trustees as aforesaid : In witness 
 whereof, the said parties of the first part and second partj re- 
 spectively , have hereunto set their hands and seals, and the party of 
 the third part have caused the corporate seal of the said Port 
 Hope, Lindsay and Beaverton Railway Company to be hereunto 
 affixed ; and the President thereof has set his hand hereto, as 
 such President, on the day and year first above written. 
 
 (Signed,) GEORGE TATE, [Seal.] 
 (Signed,) JOHN FOWLER, [Seat.] 
 
 (Signed,) WILLIAM CLUXTON, [Seal] 
 (Signed,) DAVID SMART, [Seal.] 
 
 (Signed,) The Port Hope, Lindsay and Beaver- [ Corporate 
 
 ton Railway Company, by Seal.] 
 
 J. SHUTER SMITH, 
 
 President. 
 Signed, sealed and delivered in the presence of 
 
 (Signed,) Thomas Ridout. 
 ' (Signed,) F. Ferguson. 
 
 [Here follows the Schedules referred to, "which have reference 
 only to rates to he charged for freight.] 
 
DECLAEATION Am EELEASE. 
 
 To all to whom these presents shall come : 
 
 We, Joseph A. Woodruff, of the Town of Niagara, in tl.c? 
 C/Ounty of Lincoln and Province of Canada, Esqaire, and Gil- 
 bert McMicken, of the Town of Elgin, in the County of Wel- 
 land and Province of Canada, Esquire, send greeting : 
 
 Whereas, by a certain Indenture of Mortgage bearing date the 
 twenty-ninth day of December A. D., 1853, and ma tie between 
 the Port Hope, Lindsay and Beaverton Railway Company of the 
 iirst part, and us, the said Joseph A. Woodrntl' and, Gilbert Mc- 
 Micken, of the second part : the said, the Port Hope, Lindsay 
 and Beaverton Railway Company, granted, bargained, sold, 
 iransferred and conveyed tons, the line of Railway belonging to 
 the said Company with the appurtenances leading and extending 
 Jroni the Town of Port Hope, in the County of Durham, to the 
 then Village of Lindsay, in the County of Victoria, to have and 
 to, hold the same to us the said parties thereto of the second j)arV 
 as security for the payment of one hundred and twenty-five 
 thousand pounds sterling of mortgage bonds or debentures then 
 about to be issued by the said Company, and upon certain trusts 
 therein sot forth and declared, and subject to the proviso therein 
 contained for the redemption thereof; 
 
 And whereas, at the time of the making of the said Indenture? 
 of Mortgage the said Company were, and still are, authorized 
 aiKl empowered to construct and extend their said Railway from 
 Lindsay aforesaid to the Western limit of Mariposa, and from 
 thence to some point on the Ontario, Simcoe and Huron Railroad, 
 as well as to tlie Town of Peterborough, from any point on the 
 line of their present Railway between Port Hope and Lindsay 
 aforesaid ; 
 
 And whereas, it was the understanding and intention of the 
 parties interested in the said Mortgage that the same s'lould only 
 form a charge upon that portion oi the Railway property anil 
 works of the said Company situate at Port Hope and Lindsay 
 aforesaid, and forming the connection and lying between those 
 .»^'fa,tv\j;qi^ places, and which was then in course of cpn^i^trijction by 
 }VIessieurs* Zfttiniernian and Bnlch, the contractors in that behiJf 
 
19 
 
 Mr. 
 Gil- 
 
 witlj the said Company, and for whose benefit the Mortgage was 
 principally made, and the said bonds or debentures proposed to 
 be issued : 
 
 And whereas, doubts have arisen upon and in regard to the 
 legal efl'ect and meaning of the said Mortgage, and of certain 
 covenants therein contained, and counsel having given the opinion 
 that notwithstanding the said intention of the said parties to the 
 eontrary, tlie said Mortgage would be construed to extend to and 
 form a first charge and incumbrance in Equity, not only upon the 
 suid Railway and premises at Port Hope and Lindsay aforesaid, 
 and between those two places, but also upon any portion of the 
 Uailway which the said Company are authorized and empower- 
 (•d lo const riict us aforesaid, by reason whereof the extension of 
 tlie said Railway to the westward of Lindsay, and the comple- 
 tion of iIk; connection between the present Railway and the 
 Town of Peterborough are likely to be greatly retarded, if not 
 wholly defeated ; 
 
 i^nd Whereas the trafTic and business of that portion of said 
 Railway, lying at and between Port Hope and Lindsay, and in- 
 tended to be included in and charged by the said Mortgage, 
 would 1)0 greatly increased, and the security of the holders of the 
 said Mortgage bonds would be proportionably cnlianced by tlu; 
 conslruction and completion of the said other portions of the said 
 Railway ; and it is therefore desirable and expedient for the in- 
 terest of the said liondliolders, and only just and due to the said 
 Railway Company, tiiat the said Mortgage should be confined 
 and limited in its operation and eflect to that portion of the said 
 Railway works and property of the said Company, with the ap- 
 purttmances situate at Port Hope aforesaid, and Lindsay afore- 
 said, and forming the line or connection between those places, 
 aeeordimj to the; said understandini? and intention of the said 
 parties interested therein: 
 
 Therefore we the said Joseph A. Woodruff and the said Gil- 
 bert McMieken, in consideration of the premises, and at the 
 re(iiiest of the said Railway Company, do hereby so far as by 
 this de( laration we can, declare that for, and notwithstanding 
 anything in the said Indenture of Mortgage contained, the said 
 Indentun; was not intended to, and does not, and shall not, form 
 any charge or (meumbranee upon any portion of the said Rail- 
 way of the said Company, that may be constructed westward of 
 l/indsay aforesaid ; nor upon that })ortion of the same that re- 
 mains yet to be built or constructed, to form or complete the con- 
 nection b«'tween ttie present Railway of the said Company, and 
 the Town of Peterborough aforesaid, nor upon anything belong- 
 
20 
 
 ing or exclusively appertaining to the said last mentioned portions 
 of Railway or either of them, the rolling slock of the said Com- 
 pany, being and being intended by the said Mortgage to be treat- 
 ed as not exclusively belonging to any section of the Railway 
 built, or to be built by the said Company, but as common pro- 
 perty covered by said Mortgage, with the exception of any roll- 
 ing stock or tolls used, or to be used or to be derived from the 
 branch between Millbrook and Peterborough, which was not in 
 the contemplation of any party at the time of the execution of 
 the Mortgage, nor intended in any way to be affected thereby, 
 and so far as we can we do hereby release and discharge the 
 said last mentioned portions of the said Railway from the said 
 Mortgage. 
 
 In witness whereof, we the said Joseph A. Woodruff and Gil- 
 bert McMicken, have hereunto set our hands and seals this sixth 
 day of August in the year of our Lord one thousand eight hund- 
 red and fifty-seven. 
 
 (Signed,) JOSEPH A. WOODRUFF. [Seal] 
 (Signed,) G. McMICKEN. [Seal.] 
 
 Signed, sealed and delivered 
 in the presence of 
 (Signed,) JOS. C. MORRISON, 
 
 as to Woodruff's signature. 
 (Signed,) J. S. SMITH. 
 
 M 
 
 
 
:)ns 
 )ni- 
 2at- 
 vay 
 pro- 
 roll- 
 i the. 
 at in 
 »n of 
 reby, 
 e the 
 said 
 
 1 Gil- 
 sixth 
 hund- 
 
 al.]