IMAGE EVALUATION TEST TARGET (MT-3) ^- ^ .V f!f / .^t^ ^4^ ^ ^ 4^ ^ 1.0 1.1 i« 12.0 111 IL2^ imi 1.4 I 1.6 HiotogFaphic ^Sciences Corporatton ^> \ .V <^ ^>. 23 WBT MAIN STMIT WIBSTIR.N.Y. 14SS0 (716)t72-4S03 ¥(^°^ \ % CIHM/ICMH Microfiche Series. CIHIVI/iCIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian da microraproductions historiquas Tachnical and Bibliographic Notas/Notas tachniquas at isibliographiquas Tha inatituta haa attamptad to obtain tha baat originai copy avaiiabia for filming. Faaturaa of thia copy which may ba bibiiographically unlqua, which may altar any of tha imagaa in tha raproduction, or which may aignificantly changa tha uaual mathod of filming, ara chackad balow. Fyj Coiourad covara/ hLJ Couvartura da coulaur Pyl Covara damagad/ D D D D D Couvartura andcmmagAa Covara raatorad and/or laminatad/ Couvartura raataurte at/ou pailiculte I 1 Covar titia miaaing/ La titra da couvartura manqua pn Coiourad mapa/ n Cartas gAographiquas an coulaur Coiourad inic (i.a. othar than blua or black)/ Encra da coulaur (i.a. auira qua blaua ou noira) Coiourad plataa and/or illustrationa/ Planchaa at/ou illuatrationa an coulaur Bound with othar matarial/ Rail* avac d'autras documanta Tight binding may cauaa shadowa or diatortion along intarior margin/ La re liura sarrie paut cauaar da I'ombra ou da la distortion la long da la marga int^riaura Blank laavas addad during rastoration may appaar within tha taxt. Whanavar poaaibia, thaaa hava baan omittad from filming/ II sa paut qua cartainas pagas blanchaa ajouttea lors d'una rastauration apparaiaaant dana la taxta. mais. loraqua cala Atait possibia, cas pagas n'ont pas AtA filmtes. 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Laa details da cat axamplaira qui sont paut-Atra uniquaa du point da vua bibliographiqua, qui pauvant modifiar una imaga raproduita, ou qui pauvant axigar una modification dana la mAthoda normala da filmaga aont indiquis ci-daaaoua. r~n Coiourad pagas/ D Pagaa da coulaur Pagas damagad/ Pagaa andommagias Pagas raatorad and/oi Pagas raataurias at/ou palliculias Pagas discolourad. stainad or foxai Pagas dAcolorias. tachattes ou piquAas Pagas datachad/ Pagas d^tachtes Showthrough/ Trunaparanca Quality of prir Qualit6 inAgala da I'lmprassion includes supplamantary matarii Comprand du material suppMmantaira Only adition avaiiabia/ Saula Edition disponibia r~n Pagas damagad/ I — I Pagas raatorad and/or laminatad/ r~7| Pagas discolourad. stainad or foxad/ I I Pagas datachad/ r~7| Showthrough/ rri Quality of print varias/ I I Includes supplamantary material/ I — I Only adition avaiiabia/ Pagas wholly or partially obscured by errata slips, tissues, etc.. have been refilmed to ensure the best possible Image/ Lea pages totalament ou partiellement obscurcies par un feuillet d'errata. une pelure. etc., ont M film6es A nouveau de fapon d obtenir la meilleure image possible. 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Tha last recorded frame on each microfiche shall contain the symbol — »■ (meaning "CON* TINUEO"). or tha symbol V (meaning "END"), whichever applies. Les imagas suivantee ont 4t4 reproduites svec le plus grand soln. compta tenu de la condition at da la n()( signifle "A SUIVRE". le symbols V signifle "FIN". IWIaps, plates, charts, etc., mey be filmed at different reduction ratioa. Thoaa too large to be entirely included in one exposure ere filmed beginning in the upper left hand corner, left to right end top to bottom, aa many framea aa required. The following diagrama iiluatrata the method: Les cartea, pianchea, tableaux, etc.. peuvent Atra fiimia i dea taux da reduction diff Grants. Lorsqua le document est trop grand pour Itra reproduit en un aaui ciichi. 11 est film* A partir da I'angia supirieur geuche, de gauche A droite. et da haut an baa, an prenent le nombre d'imagea niceaaaira. Lea diagrammas suivants illustrent la mithoda. 1 2 3 1 2 3 4 5 e C'u-rru^ t«^ /-U tx^ 3 ^tC \i CHARTER OF THE ONTAEIO, SIICOE AND RAILROAD UNION COMPANY AND OTHER IMPORTANT ACTS AND DOCUMENTS REUTIVE THERETO. , /. ■ 'i' < 'y • ' ■ '/ TORONTO: PRINTED BY HUGH SCOBIE, AT THE OFFICE OF THE BRITISH COLONIST. i 1851. tk Mk I^h:''^:^^mm&- "I <■ .-• - 1''1? j'jL'Aae. i^'H- t\« ■.^A' l#: »4 ■5? A ■»* S^? :.* >. i ': ' '• 1^ .ki5,\ b., ' ,./ 1 1- CHARTER 1 OF THE L'O \f^ OITARIO, SmCOE AIJD Hipfl| ^^ RAILROAD UNION COMPANY AND OTHER IMPORTANT ACTS AND DOCUMENTS RELATIVE THERETO. TORONTO: /- / FRINTED BY HUGH BCOBIE, AT TUB OFFICE OF THE BRITISH COLONIST. 1851. ..- ,. -'X 'O. > y 1. Proelt a Actt( ro 3. Aettc tt P' 4. Act i to 5. Extra ei K ^ 1 ^ '■ €. Extra Bl 7. Act t 1 B ■.■■".■"> V ■■ '"■■' 1 ■'■■ "■ ,' I •■■■'-■.' ■ ■■" ■'""', .. 8. By-L - -- - . ' i . ' 1 I ' CONTENTS. PAon. 1. Proclamation announcing Her Majenty'a Assent to ilio Act. . 3^4 9. Act to Incorporate the Toronto, Simcoe and Huron Rail- road Union Oompany 5 to 41 3. Act to anend the above, by which the name is changed to the " Ontario, Simcoe and Huron Railroad Union Com- pany." 41 A 43 4. Act to provide for affording the guarantee of the Province to the Bonds of Railway Companies 43 to 45 5. Extracts from Main Trunk Line Railway Act, having refer- ence to the Ontario, Simcoe and Huron Company, in regard to the Provincial Guarantee, for principal as well as interest 45 to SO 6. Extracts from the Municipal Corporations Act of 1849, ■hewing the mode provided for enforcing the payment of debts due by Municipalities in Upper Canada 51 to 55 7. Act to enable the Municipal Corporation of the City of Toronto, and other Municipalities, to assist in the con- struction of the Ontario, Simcoe and Huron Union Railroad 55 to 57 8. By-law of the Municipal Council of the County of Simcoe, to provide for taking stock in the Ontario, Simcoe and Huron Railroad Company, in the sum of £50,0C0, and issuing debentures therefor ^7 to 61 9. Resolution of the City Council of Toronto, granting £25,000 in aid of the said Railroad as a gift, and the right of way and terminus at a nominal rent for 99 years 61 & 63 10. Additional Resolutions of the City Council of Toronto granting further aid, by way of loan, to the said Com- pany, to the amount of £35,000 in debentures 63 to 64 11. The Breaking Ground, Grand Procession, and commence- ment of the work 64 to 67 13. Address of the Board of Directors to His Excellency the Governor General of Canada * 67 to 71 13. Reply of the Governor General to the Address of the Board of Directors 71 to 74 14. Closing of the Ceremonies 74 4b75 •t PROVINCE OF CANADA. ELGIN AND KINCARDINE. VICTORIA, BT THE ORACK OF GOD, OT THK UNITED KINGDOM OF GREAT BRITAIN AND IRELAND, QUEEN, DEFENDER OF THE FAITH, &C^ &C^ <&0. Vo an to fniom ^t$t ^xtnetiii kIwII tome— CScfcting : A PROCLAMATION. Robert Baldwin, TTTHEREAS at a Session of the Parlia- Atiorney Generdf fV ment of Our Province of Canada, holden at the City of Montreal, in Our said Province, on the Eighteenth day of January, in the year of Our Lord, one thousand eight hundred and forty-nine, and prorogued on the Thirtieth day of May then next ensuing, in the twelfth year of Our Reign, a certain Bill, intituled. An Act to incorporate the Toronto, Simcoe and Lake Huron Union RaU-way Company, was passed by the Legislative Council and Assembly, and was, at the prorogation of the said Session, on the Thirtieth day of May aforesaid, presented to Our Deputy Governor of Our said Province for Our Assent thereto ; A:id whereas, in pursuance of the authority in Him vested under and by virtue of a certain Instrument or Commission issued by Our Governor of Our said Province in that behalf, bearing date at Monklands, in Our said Province, on the said Thirtieth day of May, assigning, deputing, substituting and appointing the said Deputy Governor to exercise, perform and execute, during the pleasure of Our said Governor, certain of the powers, functions and authorities of the said Oovemor, and amongst others, specially to reserve the said Bill Proetoma- tton. for the Hignification of Our pleaMuro thereon, Otir Raid Deputy Govomor theti atul theru rtftcrvoil the MiiU Hill fur the Hignitica* tion of Huch {tlooMuro, m in tlio diflcretion of Our ttaid Governor it wjw lawful to do under and in pursuance of the authority vested in Our said Governor hy a certain Act of the, Parliament of the United Kingdom of Gmnt Britain and Ireland, potiHed in the SeA- sion held in the third and fourth yearn of Our Iveign, intituled, An Act to re-unite the Provinces of Upper and Lower Cant \ and fpr the Qovemment of Canada. Now Know Yb, tL the aforesaid Bill, intituletl. An Act to incorporate the Toronto^ Simcoe and Lake Huron Union Rail-way Company^ liaving been laid before Us in Council, on the Thirtieth day of July, now last past, We have been plowed to Assent to the same ; And We do by these j)re8ent«, and according to the provisions of the said Act of Parliament of the United Kingdom of Great Britain and Ireland, passed in the third and fourth years of Our Reign, Assent to the said Bill ; Of all whicli Our loving subjocta, and all others whom these Presents may concern, are hereby required to tjdco notice, and govern themselves accordingly. In Testimony Wiikreof, We have caused these Our Lettem to bo made Patent, and the Great Seal of Our said Province of Canada to be hereimto affixed : Witness, Our Right Trusty and Right Well-Beloved Cousin, Jambs, £arl of Eloin and Kincardine, Knight of the Most Ancient and Most Noble Order of the Thistle, Govomor Genend of British North America, and Captain General and Governor in Chief in and over Our Pro- vinces of Canada, Nova Scotia, New Brunswick and the Island of Prince Edward, and Vice- Admiral of the same, &c. vise, as prizes amongst the membei*8, subscribci-s or contributors to the said undertaking, on the condition, nevertheless, that such sum of money as shall be subscribed or contributed by persons taking scrip in the said Company, shall be solely and entirely expended in the construction of the said Rail-roatl, and the payment of the expenses necessarily incident thereto : Be it therefore enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assem- bly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled. An Act to re-unite the Provinces of Upper and Lower Canada, and for the Oovernment of Canada, and it is Certain per- hereby enacted by the authority of the same, That I rederick poraied. Chase Capreol, the Honorable Henry J. Boulton, John Hibbert, Robert Easton Bums, Joseph Curran Morrison, Charles Berczy, Joseph Davis Ridout, George Barrow, Albert Furnias, and Benjamin Holmes, Esquires, together with such person or persons as shall, under the provisions of the said Act, become subscribers to and proprietors of any share or shares in the Rail-road hereby authorized to be made, and other works and property hereinafter mentioned, being proprietors of any share or shares, are and shall be, and be united into a Company, for the caiTying on, making, completing and maintaining the said intended Rail-road and other works, according to the rules, orders and directions herein- after expressed, and for that purpose shall be and are hereby ordained, constituted and declai-ed to be a body politic and corporate by the name and style of The Toronto, Simcok and Huron Rail-road Union Company, and by that name shall have perpetual succession and shall have a Common Seal, and other the usual powers and rights of bodies coqwrate not incon- sistent vrith this Act, and by that name shall be capable of contracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and being answered <**«( Maine of C'ODipaiijr 7 led that the Y either be distributed ibers to the as prizes « the said ich sum of ions taking y expended ment of the enacted, by I advice and tive Assem- jembled by eed in the md Ireland, Upper and ia, and it is it Frederick hn Hibbert, irles Berezy, 'urni&s, and n or persons ) subscribers road hereby ' hereinafter re and shall )n, makings il-road and ions herein- are hereby politic and hMCOB AND name shall 1 Seal, and 8 not incon- capable of being sued, g answered unto in all Courts whatsoever, in all manner of actions, miita^ complaints, matters and concerns whatsoever, and also shall and may have the power of purchasing and holding to them and their successors any estate, real, personal or mixed, to and for the use of the said Company, and of letting, conveying and other- I wise departing therewith for the benefit and on account of the j said Company, from time to time, as they shall deem necessaiy I or expedient, without incurring any penalties or forfeitures what- ' soever: And the said Company shall be, and are hereby author- ized and empowered from and after the passing of this Act by themselves, their deputies, a^rents, officers, workmen and servants, • to make and complete a Rail-road to be called The Toronto, I SiMcoB AND HuifoN Union Rail-road, with one or more sets of rails or tracks, and to be worked by locomotive engines or on the atmospheric principle, or in such other mode as the said Company may deem expedient, from some place in the City of Toronto to some place on the southerly shore of Lake Huron, and touching at the Town of Bame, or at some point or place on the shore of Lake Simcoe, and in as direct a line as may be found convenient, and to erect wharves, warehouses, stores and other buildings at either termination, and at such other places on the line of the said Rail-road as they may deem expedient : Provided always, and be it further enacted, That the Governor in Council, upon memorial from the said Company, shall determine the gauge which shall be used on the said Rail-road, and such determination shall be declared by Proclamation in the Ojfficial Gazette, and shall thereupon bo binding on the said Company. II. And be it enacted. That it shall and may be lawful for Director§ to the said Frederick Chase Capreol, Henry J. Boulton, John Hib- bert, Robert Easton Bm-ns, J. C. Monison, Chas. Berezy, Joseph Da\is Ridout, George Barrow, Albert Fumiss, B. Holmes and their successors, Directors of the said Company, to nominate and appoint one of their number to be a Manager, who shall be sub* ject in all matters appertaining to the duties imposed upon him by this Act, to the direction and contiol of the said Directors who are hereby authorizetl either to sell or dispose of the capita) stock to the amount of Five hundred thousand pounds in share» of five pounds each, either by subscriptions on the books of th« 8 Company for such a number of shares as each party may desire to take, the whole number of shares being One hundred thou- sand, or to sell and dispose of to any person or persons, bodies pohtic or corporate, any number of tickets or scrips not exceed- ing in the whole one hundred thousand, constituting a capital of Five hundred thousand pounds to be distributed and allotted in one or more diawings by chance or otherwise at and for such price or sum of money for each ticket or scrip as they shall think fit, and under and subject to such stipulations and regulations as to the payment of the sums contracted to be given for the tickets or scrip, and as to the instalment and time of payment thereof and any advance thereon, and any allowance or discount for prompt payment, and as to any forfeitxu-es or penalties for non- payment of any such sums of money or instalments and as to the whole number of tickets or scrips and the number and value of the fortunate tickets or scrips in such allotments by chance respectively ; and also as to the share or shares or amoimt in stock or capital to be allowed to the owner of any ticket or scrip to be drawn on any or either of the days of distributing of any or either of such allotments, or any other beneficial chance there- with, and as to the days or times and place for the distributing of such allotments by chance respectively as they shall think proper and expedient, and all such regulations, stipulations, for- feitures and penalties shall be valid and effectual, and be obeyed, acted upon and enforced in like manner in every respect as if they had been inserted and enacted in the body of this Act, and that all the moneys to arise by the sale of such tickets or scrips shall be paid into one more of the Chartered Banks of this Pro- vince or a branch or branches of such bank or banks in the said City of Toronto, who shall if required give security to the satis- faction of any two or more of the Directors hereinafter named for duly answering or paying to the said Directors or to their order or the ord'^r of any of them, all the moneys they shall receive from time to time in respect of any or either of such allotments or of any tickets or scrips therein, and for accounting duly for the same and for the faithful performance of the trust in them reposed : And be it further enacted, That the said F. Chase Capreol, Henry J. Boulton, John Hibbert, Robert Easton Bums, Joseph Curran Morrison, Charles Berczy, Joseph Davis Bddout^ 9 ly denre ed thou- 18, bodies i exceed- capital of llotted in for such lall thiak lations as le tickets it thereof count for ) for non- and as to md value >y chance moimt in st OT scrip ig of any nee there- atributing ball think itions, for- e obeyed, pect as if Act, and ) or scrips this Pro- 1 the said the satis- lamed for lieir order ill receive • allotments duly for in them F. Chase on Bums, is Bidout, George Barrow, Albert Fumiss, and B. Holmes, shall be and are f. chaie hereby appointed the first Director for the purposes hereinafter npiiomted " mentioned and set forth ; and .: n or persons time to time, ) his or their I or devices, or tickets as itled thereto; ore of them, ering thereof le said ticket* itled, if it be nding tickets e said Mana- ) such person or tickets so better ascer- they, his, her tgns shall or by chance. to whom the I tickets shall have been delivered for distribution shall, fourteen deliver back days before the commoncemont of each distribution of the allot- founeen meuts by chance, renleliver to the sjiid Directore all the said firiiwing. the books, and tlierein all the tickets which the said Manager sliall uiit as may be, 1 or device indentwise, upon for the )art of those ks last men- ts to which iree or more 11 have been e written or I length, and lall cause all s of the said aid Manager esaid, and in be carefully device into 5 be marked lother strong keys, to be ip with their shall also be led, and that and putting > and sealing jctors or any lediately pre- e Lottery to the end that 8 counterpart into the box markeu with the letter A, from whence the same may be tlrawn and that other matters are done as hereby tlirocted, some piiblic notice in })rint shall bo given of the precise time or times of put- ting the said tickets into the said boxes, to the end that such contributors as may be minded to see the sjune drawn may be present at the doing thereof. VIII. And be it enacted, That on or before the respective jI^wlnK."' days that sliall be appointed for the commencement of the dis- tributing of each of the said allotments respectively, the said Directors or any three or more of them, shall cause the said several boxes with all the tickets therein for the said allotments to be brought into some convenient place within the said City of Toronto, whereof due notice shall be published in one or more of the Newspapei-s published in the sevei*al Districts through which it is intended the said Rjiil-road shall pass, fourteen days at least before the day appointed for the commencement of such distri- bution, so that the same may bo there and placed on a table provided for that purpose, at such hour of the day as the said Director or any three or more of them shall fix and appoint, and shall then and there attend this service, and cause the two boxes containing the stiid tickets to bo taken out of the other two boxes in which they shall have been locked up, and the tickets in the respective innennost boxes, being in the presence of the said Directors, or such of them as shall be then present, and of such contributors as may be there for the satisfaction of themselves well shaken and mingled distinctly in each box or wheels pro- vided for the purpose, some one indifferent and fit person to be appointed and directed by the said Directors or tlie major part of them, or of such of them as shall bo then present, shall take out and draw one ticket from the box or wheels where the said numbered tickets shall be put as aforesaid, and one other indiffe- rent and fit person to be appointed and directed in like manner shall take out a ticket from the box or wheels where the fortunate and blank tickets shall be promiscuously put as aforesaid, and immediately both the tickets so drawn shall be opened and the number, as well of the fortunate as of the blank ticket shall be named aloud, and if the ticket taken or drawn from the box or wheels containing the fortunate and blank tickets shall appear to f-i 14 i I n bo a blank, then the nun)beref the object tisinpr, print- y authorized i.nd provided x)intment of f such scrips 1 new Dircc- to issue and !iny shares or es mentioned be lawful for all other per- tnpowered to ost Excellent body politic, ) survey and X) set out and ii"ts thereof as I in and upon , dig, cut, em- bank and to remove or lay, and also to use, work and manufac- ture any earth, stone, rubbish, trees, gravel or sand or any other matters or things which may be dug or obtained tliereon or otherwise, in the execution of the powers of this Act, and which may be proper or necessary for making, maintaining, alt«)ring, repairing or using the said Railroad and other works by this Act authorized, or which nuiy obstruct the making, maintaining, altering, repairing or using the same respectively, according to the true intent and meaning of this Act ; and also for the pur- poses and according to the provisions and restrictions of this Act, to make and construct such inclined planes, tunnels, em- bankments, aqueducts, bridges, roads, ways, passages, conduits, drains, piers, arches, cuttings and fences, as the said Company shall think proper, and to make drains or conduits into, through , - or under any lands adjoining the said Railroad, and also in and upon the said Railroad or any lands adjoining or near thereto, to erect and make such toll and other houses, warehouses, yards, stations, engines and other works and conveniences connected with the said Railroad as the said Company shall think proper, and also from time to time to alter, repair or discontinue the before-mentioned works or any of them, and to substitute others in their stead, and generally to do and execute all other matters and things necessary and convenient for constructing, maintaining, altering or repairing and using the said Railroad and other works by this Act authorized, they, the said Company, their agents and workmen, doing as little damage as may be in the execution of the several powers to them hereby granted ; and the said Com- , pany making full satisfaction, in manner hereinafter mentioned, to all persons and corporations interested in any lands which shall be taken, used or injured, and for all damages to be by them ? . i sustained in or by the execution of all or any of the powers here- by granted : and this Act shall be suflScient to indemnify the said Company and all other persons for what they or any of them shall do by virtue of the powers hereby granted, subject, however, to such restrictions and provisions as are hereinafter mentioned and contained. XI. And be it enacted. That the lands to be taken for the line i^andg taken of the said Railroad shall not exceed forty yards in breadth, except not to exceed C i 18 a rrriiln brcaditi. Ill'ii Provlio: no Inndf to re* main in their potseMioii, without line of Railroad. ProTlM): i.-i lands to re- main in their po9i>eiislon, without line of railroad unices for the l)ettcr maintaining of the road. Proviso : Company may grant, tee., lands without line in thooe places upon the line of auch Railroad, whero « grestor breadth shall bo judged necessary for carriages to wait, load or unload, or to turn or paHs each other, or for raising embankments ; for crossing villages or low grounds, for cuttings, or for the erection or establishment of any fixed or permanent machinery, toll-house, ware-house, wharf, or other erections and buildingp, or for the protection of the said Kuilrotul, from the falling of timber growing upon or alung the line of the said Railroad, and not in any place exceeding two hundred yards in breadth except at the tenninus of the said Railroad, and at each of such termini not exceeding three hundred yards square, unless with the previous consent in writing, of the owners or occupiers of any lands, which the said Company shall be desirous of appro- priating to the obtaining of greater space : Provided always, that nothing in this Act contained, shall prevent the said Company from purchasing, having, holding, using and enjoying for any estate or interest ; but they are hereby authorised from time to time, to purchase, have, hold, take, receive, use, and enjoy, with- out the line of the said Raibroad, either at the termini, or at any of the stations of the said Rail-road, or along the line of the said Rail-road, any lands, tenements, and hereditaments which it shall please Her Majesty to give, grant, sell and convey, or which any person or persons, body or bo. erjoy, any such lands, without the line of the said Rail-road, otJion^io than for the better and more effectual repairing, maint lirJi ;,7 a?r with tlio other works her«'l») initliorisod, unto and to th« usn tlm Hovcml niiJ rt'Hjtc't'tivo fu'mlHii-H nf tho fuiid Company, in proportion to the HharcH reHiMxiiv<'l\ '"old by (Imwi. in .lUch manner tw Hhall bo regulated at u gfinrai iiuH'tin^ ot the saia Company, convened for the puqtoBo of .i|tportiomiig stich lands, of tlio time and place of holding which laeetin!;, at least three montlis' notice hhall bo publiHhod in one or more of the nowspapera published in the (K^ural districts through whicli the said liail-road sb ill ] iss, and shall also bo transmitted by post, by the 8flcri;,<) i > said Company, to the several and res- pectiv*' r.i iiIm it ot, i.nd proprietors of shares in the said Com- pan), at kM '> ir months before the day appointed for holding rn} Mch mectin^j, XII. Atid bo it enacted. That for the purposes of this Act, the said Company shall and may by some sworn Land Surveyor in the Province, and by an Engineer by them to be appointed, <'au5o to bo taken and mado surveys and levels of the said lands through which the said intended liail-road is to be carried, toge- ther with a map or plan of such intended Rail-road and the course and direction thereof, and of the said lands through which the same is to pass, and also a Book of licference of the said Rail-road, in which shall bo set forth a description of the said several lands, and the names of the owners, occupiers and pro- prietors thereof, so fur as tho same can be mentioned, and in which shall bo contained everything that is necessary for the right understanding of such map or plan, copies of which said map or plan and book of reference, shall on tho completion of such survey, map, and book of reference, be deposited by the said Company in the ofli^-es of the respective Clerks of the Poate for t!ie several Districts through which the said Rail-road ,-. <*ny part thereof shall j>as8, and also in tho office of tho Sec- retary of the Pronnce; and all persons shtill have liberty to resort to such copies so to be deposited as aforesaid, and to make extracts from or copiwi thereof as occasion shall require, paying to the said Secretary of th*s Province or to the said respective Clerks of the Pea-e at the ri*te of six pence current money Comimny to take lurveyi and levels of the Inndi throuiih which the roaii it to be carried and mnlcea map or plan ihereof. Boole or re- ference to be made and detKMited with plan •w MMa i\m Copietof plan, &c>, eertifled by Clerk* of the Peace or Se- eretnry of Province, good evi- dence in Courta of Law. Company may link 9hafi8, &e., •herever DeccHary. Height and breadth of bridges over any high- wayi. When Rail- road erogRes a highway, the rail, ^c, to be within one inch of the surface. 20 of this Province for every one hundred words, and the said copies of the said map or plan and book of reference so deposited, or a true copy or copies thereof, certified by the Secretary of the Pro- vince, or by one of the said Clerks of the Peace for the said respective Districts, shall severally be, and they are hereby declared to be good evidence in the Courts of Law and elsewhere. XIII. And be it enacted, That in case it shall be found neces- sary to form hafts, pits, eyes or openings to or from any tunnel to be made for iC purposes of this Act, it shall be lawful for the said Company to sink and construct such shafts, pits, eyes or open- ings in such places as the said Company shall think necessary. XIV. And be it enacted, That when the said Rail-road shall be carried over or across any highway, otherwise on a level, the same shall be so earned over or across such higliway at the expense of the said Company by means of a bridge, and the space of the arch of any such bridge shall be framed, and at all times be kept and con- tinued by the said Company of such breadth as to have and leave a clear and open space under every such arch of not less than fifteen feet, and a height from the surface of such public highway to the centre of such arch of not less than sixteen feet, and the descent under any such bridge shall not exceed one foot in thirteen, and that in all places where it shall be necessary to erect, build, or make any bridge or bridges for carrying any public high- way or carriage road over the said Rail-road, the ascent of every such bridge for the purpose of every such road shall not be more than a foot in thirteen feet, and a good and sufilcient fence shall be made at the expense of the said Company on each side of every such bridge, not less than four feet above the surfiice of such bridge ; and that in all places where the said Rail-road shall cross any public highway on a level, the ledge or flange of the said Rail-road for the purpose of guiding the wheels of the carnages, or the rail itself, if there be no ledge or flange, shall not rise above nor sink below the level of such road more tlian one inch ; and that in all such places the said Company shall erect and at all times maintain a good and sufiicient gate on each side of such Rail-road, where the said public highway shall communicate therewith, which gates shall be constantly kept shut 21 [said copies sited, or a )f the Pro- Dr the said f by declared ere. found neoes- y tunnel to Iwful for the tyes or open- necessary. road shall be '^el, the same spenseof the )f the arch of cept and con- e and leave a » than fifteen *^hway to the [ the descent in thirteen, ) erect, build, public high- lent of every shall not be nd sufficient Dompany on r feet above here the said the ledge or ig the wheels Ige or flange, 1 road more id Company cient gate on ighway shall itly kept shut except at such time as tliey shall bo required to be opened for the uw of any person or persons using such public highway and desiring to cross the said Rail-road, and every person so using the said public highway and requiring the said gates to be opened for the purpose aforesaid, shall, and is hereby required to cause the said gates and each of them to be shut so soon as he shall have used the same respectively for the purpose aforesaid, under the penalty of five pounds currency in default thereof for every such offence, to be recovered in like manner as any other penalty under this Act may be recovered : Provided Precautioiw always, and be it enacted. That the said Company shall at e . ,^.,i.,, =. ^. XVII. And be it enacted. That upon such payment being ProceetUn^a made into the Court of Chancery as aforesaid, it shall be the duty on luch !«>- of the said Company to cause a notice to be published for three made lo the months in some newspaper published in the District in which chancery, such respective pieces of land lie, or in case of there being no newspapers published in any such Distiict, then such notice shall be published in some newspaper published in one of the Districts adjoining the District in which such lands shall lie ; and such notice shall state the amount paid into the said Court of Chan- cery and the particular piece or parcel of land in respect of which such amount is so paid, and it shall and may be lawful for the owners or occupiers of such respective lands, tenements or hereditaments, or any of the persons interested therein, to sum- mon the said Company at any time within twelve months from the first publication of such notice, to appear before the Chairman of the General Quarter Sessions of the Peace, at the then next Court of General Quarter Sessions, to be held in the District where such respective pieces or parcels of land shall lie, and the said complain- ant and the said Company may thereupon severally and respectively nominate and appoint any one Justice of the Peace in and for such District, who together with such Chairman, may enter upon and view the place or places in question, and shall take down in writing the evidence upon oath of such pei-sons as may be brought before them to give evidence touching the matters in controversy, which oaths the Chainnan is hereby authorized and required to admin- ister, and the said Chairman and two Justices so appointed as v>:'5 i J:II,M ■**.' u II' ^1 t^ ll 1 'I- Ptofin. aforesaid, are hereby authorized to assess and ascertain the som or sums of money to be paid by the said Company for the pur- chase of the said respective pieces of land and damages, and shaU, in estimating the value of such respective pieces of land, and the amount of such damages, take into consideration any damage or inconvenience as well as any advantage or convenience which may accrue or arise to the respective owners and occupiars of or persons interested in such respective pieces of land, and the decision of such Chairman and Justices, or a majority of them, shall be final and conclusive between all parties whomsoever, and in the event of the amount so assessed or ascertained as the purchase money and damjige in respect of such respective pieces or parcels of land being the same as or less than the amount paid into the said Court of Chancery in respect thereof, then the costs of the said Company incidental tc nch enquiry shall be deducted and paid out of the said sum so p^id into the said Court of Chancery : but in case the amount so assessed or ascertained shall be greater than the sum so paid into the Court in respect of such respective pieces of land, it shall and may be lawful for the said Chairman to issue his warrant directed to the Sheriff of any of the Districts through which such Rail-road shall pass, requiring him to make the excess of such amount so assessed over and above the sum so paid into the said Court of Chancery, together with the costs attending the said enquiry, out of the goods, chattels and effects of the said Company, and the said Chairman is hereby authorized to tax the costs of both parties attending and incidental to the said enquiry ; Provided always, that no greater fees or disbursements shall be allowed than are allowed upon proceedings in the said Court of General Quarter Sessions: And provided also, that the said Chairman shall be entitled to tax and allow to himself, and each of the said Justices, the sum of thii'ty shillings for every day during which they shjill be engaged in such enquiry, and the evidence upon such enquiry, together with the judgment or decision given thereon, shall be filed of record in the said Court of General Quaiier Sessions of the Peace, and the decision of the Chairman and Justices, or of the majority of them, shall be certified by the said Chairman under his hand and seal to the said Court of Chjincery, and filed of record in the said Court of Chancerv. • ' - ownd plans Engl 25 the stun |for the pur- and shall, ,nd, and the y damage or le which may f orperbons isionofsuch be final and the event of money and reels of land he said Court aid Company Eiid out of the r : but in case later than the ictive pieces of an to issue his stricts through take the excess 1 so paid into 5 attending the ;ts of the said ized to tax the e said enquiry : iments shall be said Court of that the said nself, and each for every day ^uiry, and the J judgment or the said Court the decision of them, shall be md seal to the e said Court of XVIII. And be it enacted, That the said Company, shall and compnny to they are hereby recniircd at their oAvn exjiense, after any lands r(wi'Hppernte shall be taken and used for the ])urposes of the said Rail-road and ncijoiiii'Mi* other works, to separate the same and to keep the same constantly In'iciies/^ separated from the lands adjoining to the said Rail-road and ^"'^**'' other works, ^vith good and snffieient posts, rails, hedges, ditches, mounds or other fences, in ease the owntn's of such lands adjoining to such Rail-road or other works, or any of them resi)ectively, shall at any time desire the sanie to be fenced otf, or in case the said Company shall think proper to fence otf the same, and in case the lands on either side of the said Rail-road shall be owned or occupied by tlie same ])ei-son, then to enable such p(>rson, his or / her ser\ants and workmen to cross the said Rail- road, the said Comjiany shall make and maintain all necessary gates and stiles ' in all such fences to be made as aforesaid, all such gates being made to open tijwards such lands and not towards such Rail-road, and also all such bridges, arebt^s or culverts as shall be necessary for the more commodious communication l)etween the said lands on either side of the said Rail-road ; Provided always, that the Proviso, power to cause such gates, stiles, bridges, arches and culvei'ts to be erected at tho expense of the said Company, shall cease after the expiration of two years from and after the completion of the said Railroad; And provided also, and be it enacted. That in every case in Avhich the owner of any lands or other pei-son or pereons by this Act authorized and capacitated to convey, shall in their aiTangements with the said Company have received or agi'ceil to receive compensation for gates, stiles, bridges, arches or j culverts, insteatl of the same being erected or found by the said Company for the purjwse of facilitating the passage to or from either side of the laud se\c«!d or di\idetl by the said Rail-road, it shall not bo lawful for any such owner, or those claiming under liim. to pass, and they shall ever be prevented from passing or crossing the said Rail-road from one part to the other part of their lands so severed and divi<]ed otherwise than by a gate, stile, bridge, arch or culverts to be erected and maintained at the charge of snch owners under the inspection and direction of and according to plans and s])ecifications to be furnished and approved by the Engineer of the said Company. D 26 :: r iiii ■ill; ;ll I 1(t Penalty on perflong oh- ■tniciins Rail-road. XIX. And be it enacted, That if any person shall, by any means, or in any manner or way Avhatsoevor, obstruct or intt'rmpt the free use of the said Uail-ioad, or the curriayes, engines or other woiks incidental or relativ e thereto or connoi-ted therewith, such jici-son shall, for e\ery such offence, incur a forfeiture or penalty of not less than one pound five shillings, and not exceed- ing ten pounds, one half of which penalty or forfeiture, (to be recovered at the Court t)f GeiuTal Quarter Sessions of the Peiice of the District wherein such otience shall be cominitteil), shall go to the prosecutor or informer, and the other half to the said Company. ,, , , h . ■.: t ;•■!.!/ 'i* i;/=. All npplica- tiotiti ibr jii- deiiiiiiiy tor daiiinyc done under lliis Acl to lie iii.'ide w itliin a cerium time. General PunisIimPtit of |;er,-oiis breaking down, ub- Btriicliiii! or diiiiiai!in<{ the Riiil- ro d or works of ihe Coinjiany. XX. And be it enacted, That all suits for indenmity for any damage or injur} siistaiiied by rejuson of the powere and authority gi\en by this Act, shall be brought within six calendar months next after the time of such supposed loss sustahied, or in case there sliould be a continuation of damage, then within six calendar months next after the doing or committing such damage sliall cease, and lu^t afterwards, and the tlefendant or defendants shall and may i>lead the geii^'ral issue, and give this Act and the special matter in e\idence, at any trial to be had thereu^Jon, and may aver that the same was done in pursuance and by authority of this Act. -.i ' -.- ' » .' XXL And be it enacted. That if any pei-son or pei-sons shall wilfully and maliciously, and to the prejudice of the said Rail-road authorizeii to be made by this Act, break, throw down, damage or destroy the same or any part thereof, or any of the houses, warehouses, toll-houses, wateh-houses, weigh-houses, Aveigh-beams, cranes, earriages, vessefs, engines, inclined planes, machines, or other woiksor (le\iees incidental ami relative thereto or connected therewith, or do any tether wiil'ul hurt or mischief, or wilfully or maliciously obstruct or interrupt the free use of the said Rail-road, vessels or works, or shall obstruct, hinder or prevent the carrying on, completing, sn[»porting and maintaining the said intended Rail-road, \-essels or works, such person or persons shall be adjudged guilty of a misdemeanor, and the Ctjurt by and before whom such person or pei-sons shall be tried and convicted, shall have power and authority to cause such person or persons to be pun- "cl(»l "off "aiij "mi "ur "fr •' til "til ill, by any )r intermpt I, engines or 11 therewith, Forfeiture or not exceed- [iturc, (to be t){ the Peace ttil), shall go to the said inity for any aid autliority ndar months d, or ill case u within six such damage or defendants Act and the lereupon, and I by authority i" persons shall said Rail-road lown, damage of the houses, weig'h-beams, machines, or or connected jr wilfully or said Rail-road, t the carrying said intendotl 11 be adjudged before whom id, shall have lis to be pun- ished in like manner as persons convicted of a misdemeanor are directed to be punished by the laws in force in Miis Province, or in mitigation thereof, to awaid such sentence astlu^ law directs in cases of 8im]ile larceny, as to the Couit sliall seem fitting. XXII. Ami be it enacted. That the said Company may from l^",'"''""^ time to time lawfully borrow, eith(.n'in this Province or elsewheie, """i^y- Buch sum or sums of money not exceeding at any time the sum of two hundred and fifty thousand pounds currenc\', as they may find it exiiedieiit, and at siuli rate of interest, not exceeding six per centum j)er annum, as they may think ])roper, and may make . . the bcuids, debentures or other securities tl;;'y shall grant for the sums so borrowed, }iayabl(! cither in currency or in sterling, and at sucli iilace or places witliin or witliout this Province as tJiey inorcuuge. may deom ad\ isable, and may mortgage or pledge the lands, tolls, revenues or other jjropei-ty of the said Company for the due jiay- ment of the said sums and the interest thereon. XXTIT. And be'it (enacted. That the number of votes to which Votcsof pro- each i)roi)netor of sliaies in tlu; said undertaking shall he entitled cordiiijiio on every occa.sion wlien, in contonmty to the provisions of tins of sitart's. Act, the votes of the membei's of the said Company ai'c to be given, shall be in propcjition to (he number of shares held by him, that is to say: one vote for each share less than fifteen; Pro- Proviso. vidi;d always, that no proprietor as aforesaid shall ha\e more than fifteen votes, and all propriotoi-s of shares, whether resident in this Pr()\ince, may vote by jjroxy, if he, she or they shall see fit, ' provided that such proxy do ])i'oduce from his constituent or con- stituents a notice in Avriting in the words or co the efi'ect follow- ing, that is to say : - . ^ ^> _ > '^' Totm o. ii|>-.' " one of tlie proprietors of the Toronto, Sitncoe and Huron Rail-road, iioiinineiu of " do hereby nominate, constitute and appoint prcvy. "of to be my proxy in my name, "and in my abscnre to vote or ix'ifo my assent or dissent to any bnsi- " ness, matter or thing relntinir to the said nnderlaking tliat shall be " mentioned or projiosed at any Meeting of tlie Proprietors of the said " undertaking, or any (tf tlu'in, in sueh manner as lie, llie said " siudl thiuli tit, aoeordiiig to Ids opinimi and judgment, " for tlu! benelit of tlie .-;nil undertaking fir any thing appertaining " thereto. In witness Avheroof, 1 have hereunto set my Land and seal, " the (hiy of , . " iu the year one thousand eight hundred ." i |i .!- 28 And Rucli voto or votos, by proxy, sliall bo as valid as if such priiii'ipals li.ul voted in pi'i"soii ; and whatever (juestion, election of pr«)j)er oIIIchts, matters or tliinijs shall Ik' proposed, discussed or considered in any ])ul)li(' nieetinp; of t...' jiroprietoi's to be held by vii-tue of this Act, shall be deterniinet be a natural born sub ».'ct of ller Majesty, or a subiect of Her 'Jrciisurtr. Majesty naturalized mider an Act of the Ibitish Parliament or an Act of the Parliament of *liis Province, shall be elected President or Treasurer of the said Company. ShnrphnMprs XX1\^ And be it enacted. That no Shareholdei-s in the said iioi li.ilili" fur di'iiisofcor- Company shall be in any manner whatsoever liable or charcfed poratioii. ' ' "^ , ® for any debt or demand due by the said Comi)any beyond the payment or the extent of his, her or their share in the capital of the said Company not paid up. First (zencrai XXV. And be it enacted. That when and as soon as the shares nicciiiii! of ' proprieiors j^ the said Stock shall b(! disiiosed of by the distribution of the to bf; held in _ . Toroiuo. saij allotment or alh^tments, it shall be lawful for any ten of the holders of shares in the said Ct)mj)any, hcjlding amonjj then' at least two hundred shares, to call a meeting; at the City of Toronto of the holders of such shares for the purpose of electing Directors, oth(-'r than those hereinbefore named and ai)pointed ; Provided always, that in any case public notice of the time and j)lace of holding sucli meeting shall be given during one month in two of To Heel fi the newspapers published in the said City of Toronto; and at To'ird uf . . ^ . , nirectors. siuh general meeting the Proprietors assembled with such proxies a-i shall be [)reseiit, shall choose ele\en persons, being each a Pro- prietor of not less than twenty shares in the said undertaking, to be Directors of the said Company in such manner as is hereinafter directed, and shall also lu-oceed to j)ass such Rules and Regula- tions and By-laws as shall seem to them fit, provided they be not inconsistent with this Act. In the month XXA'I. And ho it enacted, That the Directors so elected, (or of June ill , . . , , . \ 1 11 • • eacUyenra those appointed u) their stead in case of vacancy,) shall remamin ill 29 I as if such ion, election , discusHed rs to bo held majority of 'said, and all le said Com- l Company; )r who shall ibjw't of Her lament or an ed President •s in the said or charged beyond the the capital of 1 as the shares l)ation of the ay ten of the iiong then: at t}' of Toronto iiig Directors, 3d; Provided and place of nth in two of onto; and at I such proxies Lj; each a Pro- idinlaking, to is hereinafter and Regula- i they be not «o elected, (or liall remain in office until the first Monday in the month of Juno next following; Bonrdof Di- afUn" th(! ilistributioii of tlu; suit! (illotiucnts, and that on the sjiid «'«■':'*:''• first Monday in June, and on the first Momhiy in June in each year thereafter, or on such other day as sliall be aj)p()int('d by any By law, an anniuil general meeting of the said Proprietors shall be held at the ofHce of the Com|»any, for the time being, to choose Dircctoi-s in the room of those whose ofticc^ may at that time become vacant, and generally to transact the business of the Comiiany; but if at any time it shall appear to any ten or more ?ppr'"i . '^ , . " Met'iiiis of of such Pitiprietoi-s holdinij toifether two hundred shares at least, I'loi.rieiors that for more etlectually putting this Act in execution, a special caiied. general meeting of Proj)rietoi"s is necessary to be held, it shall be lawful for such ten or nuna of them to cause fifteen days notice at least to be given tlusreof, in two public newspapei-s as aforesaid, or in such manner as the Company shall by any By-law direct or • . , , , appoint, specifying in the said notice the tune and place and the ' *' reason and intention of such special meeting respectively; and tlie propi'ietoi-s are hereby authoriz'v] to meet pui-suant to such notices, and proceed to the execution of the ])owere by this Act given them with respect to the mattei-s so specified only ; and ali such Quoriim at acts ot the rro])rietoi's or the majonty ot them at such specuu Meeting. meetings assembled, su<'h nuijority not having either as principal or proxies less than two hundred shares, shall be as ^•alid to all intents and purposes as if the same Avere done at annual meethigs ; Provided always, that it i^hall and may be lawful for the said Provito : vncaiicies Directors, in case of the death or absence, resignation or removal aiiiong the of any pei-son elected a Director, to manage the aflairs of the said may be'flUed. Comi)any, in manner aforesaid to ap])oint another or others in the room or stead of those of the Direct oi-s who may die or be absent, resign or be nnnoved jus aforesaid ; any thing in this Act to the conti-ary notwithstanding ; but if such appointment be not made, such death, absence or resignation shall not in\-;ilidate the acts of the remaining Directors. XXVII. And be it enacted. That at each of the said annual Three Dircc- /•i-r. • 1 n ^ • i ^ i-v in tOfS chall nn- meetmgs ot the Propnetoi-s, three ot the saul eleven Du'ectors shall mmiiy retire, retire in rotation, the order of retirement of the said first elected re-eiccicd. eleven Directors being decided by lot; but the Directors then or . • at any subsequent time retiring shall be eligible for re-election ; i Proviio. 11 1 roe torn to 1 li'ct a Pree- illVllt. An.l Vicc- Prvdiilciit. X rovnk'd always, tljat no Piioli rotiromont shall have effect unlcfls the Proprictoi-s sIimU at such annual nicctiug proooocl to fill up the vacations thus occurring in tlio Direction. XXVIII. An.l bo it cnactcl,. That the Directors shall at their fii-st (or at sonic other) mooting after the day appointed for the annual irencral niectini; in each year, elect one of their nieinbers to lie the President of the said Company, Avho shall always (when present) be the Chairman of and preside at all meetings of the Directors, and shall hold his oflice until he shall cerjso to be a Director, or until another President shall bo elected in his sti'ad, ami the sai(.l Direetois may in like maimer elect a Vice- Pii'sident who shall act as Chairman in the absence of the President. Fivenirec- tors 10 III' it XXIX. And bo it enactc a qi'onnn, and shall be competent to use and exercise all and any of the powers lu'reby vestetl in the said Directors: rroviso. Pi'ovided always, that no one Director, thouo-h he may bo a Pro- '• prietor of many shares, shall have more than one vote at any meeting of the Directoi-s, except the President and Vice-President when acting as Chairman, or any temporary '^'iiaii'man who in case of the absence of the President and Vice-1'resident, may be chosen by the Directors present, either of tvhom when j»residing at a meeting of the Directoi-s shall, in case of a division of ecpial rastinR vote munbers, ha\e the ciu^tini; \()te, althou'"ity of a quorum of the Diri'ctors pres(3nt at any meetings be va'i'iJ.'° regularly lieb.l, shall be deemed the act of the Directors. No officer of XXX. Provided always, and be it enacted, That no person 31 10 effect unless (1 to fill up tho shall at tlieir iniiitetl for tho their inonilii'rs Hhall always all ineotinj^ shall cwise to t'it'ctw.l in his r elect a Vice- ibsence of tlie pf of the vid hall he j»i(j-3nt 0. and exercise said Directors: may be a Pro- votQ at any Vice-President iiiijuan who in sident, may be rthen jtresiding \ isi(»n of equal lia\e given one oi-s shall from control of the Proprietoi-s as ws of the said iiul alout the from tlie said ch orders and IS or i)ro> isions 10 Act of any any meetings ctoi-s. iat no person holdinjr any ofUco, place or emnlovmont or l)oinjj concerned or f^ompnny nr " •' ' • " '^ _ roiMridrir to interested ill any fonlr.ict or conti ads under the said Cnuipany •* ^''"lor. shall, after the distriitiitii/ii of the said allotments, be capable of being chosen a Diiector or of hoMiiig the olllce of Director. , XXXI. And be it enacted, That every such annual meeting Anmmi shall have power to appoint, not excet'ding three Auditoi"s, to audit nppoint ,> 1 • 1 11-1 ,.1 Auililori. bU accounts ol money laid out and disl»uised on account ot tliu said undertaking, by the Trea'^uiir, lUreiver or lleceiveix and :, other oflicer or otKeei"s to be by the said Director ap[tointed, or by any other ])ei'8ou or persons whatsoever, and emjdoyed by or i concerned for or under them in and about the said untleitaking, V and to what end the said Auditoi-s shall have power to ailjourn • ' themselves over from timcj to time, and from place to place as shall be thought conv<'riieiit by them; and the said Director Power oi Ji- II 1 • I' * I • « 1111 n reciois lo ,. chosen under tlie authority oi tins Act, shall have jxnver rroiii iimke cnlin. time to time to make such call or calls of money from the Pro- prietoi-s of the saitl Rail-road and other Avorks, to defray tho expense of or to carry on the same as they fiom time to time ; finil wanting and necessary for these purposes ; Provided, however Proviso. that no call do exceed the sum of ten shillings current money of this Province for every share of five pounds; And provided also, "owrniisto , ' ' ' lie made. that !io call be made but at the distance of one ealendar month from each (jtlu.'r, and such l)iivctor,> shall have full power and AstopowerB authority to direct and manage all and every the affairs of the ' said Company, as Avell in contracting for and purchasing lands, rights and mat«'rials for the use of the said Company, as in eini)loyiiig, ordering and directing the work and workmen, and in placing and niinoving under tnlicers, clerks, servants and agents, and in makiiii; all contracts and baro'ains touchintj the said undertaking, :uid to afllx or authorize any person to atKx the common seal of the Company to any act, deed, Jiy-laws, notice or other document whatsoever, and any such act, deed. By-laws, notice or other document, bearing the common seal of the Com- pany and signed by the Presitleiit, Vice-President or any Director or Directoi-s shall be deemed tht; act of the DircK-tors of the said Company, nor shall the authority of the signer of any document puij)Oi-tiiig to be signeil and sealed to sign and allix the said seal ' thereto be liable to bj called in (question by any })ai-ty except the of Ulrt'Clurr. Coinitaiiy, luul tlio Diiwtoi-s hIijiII linvo such other and furthor j)o\v('i-s lis, Wwjr vcstcil ill till* (.'oiiipiitiy by thw Act, shall b« cont'DiTcil u|)<)ii tlio Kaitl Dinrtoiw by tl". liy-lawHof tlio Company. iloMmUo'lTay '^•^•'^II- Aii.l Ih' it fiiactcij, That the owner or owners of ono call*. j,p j,„„.,. ^|„„.j.^ ill tin, ^iiiii uiuK'rtaking, Hhall j)ay his, her or thoir Bharcrt and i»ro))ortion of the uioney.s to Ik* called for as aforesaid to such person or pei-sons, and at such time and place as the said Directoi-s shall from time to time appoint anetween such proprietor and the ■ other proprietois with regard to carrying on the said Rail-road or undertaking. Proprietors XXXIV. And bo it enacted, That the said Company shall arfyVrson*^ always have power and authority at any general meeting assem- •uch^Boan?" ^^^^^ ^"^ afoi'esaid, to remove any pei-son or persons chosen upon and'may °"' ^*^^^ Board of Directoi-s as aforesaid, and to elect others to be I rami furtlifr Act, shall bo III) ConijHmy. >\viiers of ono s, hur or tlioir )r as aforosuid (3 m tlio said ■i!ct, of which »0W8|taj)er8 as it'tors or their ; and ill case or their raty- • months atlor "•, (htv-rs under them, to revoke, <'''ni'>. ^c. alter, aiMcu'l or rhnnpfo any of the Hy Inwis or Orders presrribfd with r<'i;ard to tli«'ir iirocccdinp* .•iinonj;st themselves (the method of eallini; ifelienil meetilit,M, illnl tlieir time iiTld place of aHseinliliuf;, and manner of votiiii; and .ippoiutiiit^ Directoi-s only excepted,) and shall liav<' power to ni;il • such \u\v Uiiles, Mv-laws and And mnka . liy-luwt. Orilei-s for the tjfo<»d ;j;overnnieiit of the said t'oiiipany, ami their servatits, ajjjents or workmen, for the ujood and orderly makiiic; and usini; the said Hail-road, anrinteil or written copy of so much of Ihem as relate to or aftect any party other than the mcmbei"s or servants of the Com- pany, shall l)c affixed openly in all and e\ ery of the places where tolls are to be gathered, and in like manner as often as any change or alteration shall be made to the same, and the said By-laws and Orders so matle and published as afoi-esaid shall be binding upon and observed by all ])artics, an«" E 34 shares and taking, to sell or dispose of his, her or their share or shares therein, subject to the rules and conditions herein mentioned, and every purchaser shall have a duplicate of the deed of bargain and sale and conveyance made unto him or her, and one part of such deed duly executed by seller and purchaser, shall be deUvered to the SHid Diieotoi-s or their Clerk for the tune being, to be filed and kept for the use of the said Company, and an entry thereof shall be made in a book or books to be kept by the said Clerk for that purpose, for which no more than one shilling and three pence shall be paid, and the said Clerk is hereby required to make such entry accordingly, and until such duplicate of such deed skill be delivered to the said Dkectors or their Clerk, and filed and entered as above directed, such purchaser or purchasers shall have no part or share of the profits of the said undertaking, nor any interest for the said share or sliares paid unto him, hejr or them, nor any vote as a proprietor or pm-chaser. Form of XXXVI. And be it enacted, Tliat the sale of the said shares Bifarcs/ ° shall be in the foi-m following, varying the names and descrip- tions of the contracting parties as the case may require : " I, A. B,, in considerfition of the sum of paid by " C. D. of do liereby bargain, sell, and transfer to the " K.-iid C. D. share (or shares) of the stock of the " Toronto, Simcoo and Huron Rail-road Company ; to hold to him ihe " said C. D. his executors, admitiistrators and assigns, subject to the " same rules and orders, on the same conditions tliat I held the same " immediately before the execution hereof ; and I, the said C. D., do " hereby agree to accept of the said shf^re {or " shares) subject to the same rules, orders and conditions. " Witness our hrnds and seals, this day of " in the year one thousand eight ," Proviso. Pro\ ided always, that no such transfer of any share shall be valid until all calls or instalments then due thereon shall have been paid up. Directors lo niipoirit a Trcasur r and Clerks. XXXVII. And be it enacted. That it shall and may be lawful to and for the said Directors and they are hereby authorized from time to time, to nominate and appoint a Treasurer or Treasurers and a Clerk or Clerks to the said Company, taking such security for the di:e execution of their respective offices as the Directors Duty of the shall think proper, and such Clerk shall, in a proper book or books, enter and keep a true and p^f^t aco^^tnt of iTm vmi^ Clerk. 65 and places of abode of the several proprietors of the said Rail-road or other works, and of the several persons wlio shall, from time time, become owners and pi-oprietoi-s of or entitled to any share or shares therein, and of the other acts, proceedings and transac- tions of the said Company and of the Directoi-s for the time being, by virtue of and under the authority of this Act he said shares s and descrip- quire : paid by id transfer to the the stock of the ) liold to him ihe ;, subject to the [ held the same le said C. D., do 8b(^re {or ons. rof share shall be reon shall have 1 may be lawful authorized from ir or Treasurers, ng such security 8 the Directors proper bopk or of tha rmi^ XXXVIIL And be it enacted, That it shall and may be law- ful to and for the said Company, from time to time, and at all times hereafter, to ask, demand, take and recover to and for their own proper use and behoof, for all goods, wares, merchandize and commodities of whatever description, transported upon the said Rail-road, such tolls as they, with the approbation of the Gover- nor, or person administering the Government for the time being, may deem expedient, which said tolls shall, from time to time, be fixed and regulated by By-laws of the Com]iany, or by the Directoi-s, if thereunto authorised by the said By-laws, and shall be paid to such person or persons, and at such place or places near to the said Rail-road, in such manner and under such regu- lations as the said Company or the said Directoi-s shall direct and appoint, and in case of denial or neglect of payment of any such rates or dues or any part thereof on demand, to tue ppi-son or persons appointed to receive the same as aforesaid, the said Com- pany may sue for and recover the same in any Court having competent jurisdiction, and the person or persons to whom the said rates or dues ought to Ije paid, may, and he is and they are hereby empowered to seize and detain such goods, wares, mer- chandize or other oo!nmodities for or in respect whereof, such rates or dues ought to be piiid, and detain the same until pay- ment thereof, and in the meantime the said goods, wares, mer- chandize or other commodities shall be at the risk of the owner or owners thereof, and the said Company or the said Directors shall have full jx)wer, from time to tiuK?, at any general meeting, with the like approbation aforesaid, to lower or reduce jdl or any of the mini tolls, and again to raise the same as often as it shall be deemed necessary for the interest f)f the said undertakino- : Provided always, that the said tolls shall be, at all times, charged equally to all persons after the same rate in lespect of all passen- gers, and of all goods or carriages of the same description, and Propriftors iiiav esl;ib- li^li Tolls for nil goo(ls,&c. Itngsiiia oil the Railroad. Ilow toltft iiiny l)e re- covered if not (laid. Seizure of goods, &c. Tolls may be lowered nnil nuaiu raised. Provlno : nunlnst moiioiiuly. "''«%:- 36 conveyed or propelled by a like carnage or engine passing over whoh the same portion of the line of Rail-road under the same circum- of a t stances, and no reduction or advance in any such tolls shall be and made directly or indirectly in favour of or against an particular dcma Company, person or party travelling upon or using the Rail-road, num or so as collusively or unfairly to create a monopoly either in the wher hands of the said Company or of any other Company, pei-son or shall party. ■ Accounts of profit to be aniHinlly iiindc up and balauced. Dividends to be rnnrle from lime to timn nt Gen- eral Meet- ings. Proviso : Cniiilal not to lie im- paired. XXXIX. And in order to ascertain the amount of the clear profits of the said undertaking, Be it enacted. That the said Com- pany or the Directoi-s of the said Company shiill, and they ai'e hereby required to cause a true, exact and particular account to be kept and annually made iip and balanced on the thirty-first day of December in each year, of the money collected and received by the said Company or by the Directors or Treasurer of the said Company, or otherwise, for the u?e of the said Company by virtue of this Act, and of the charges and expences attending the erect- ing, making, supporting, maintaining and carrying on their works, and of all other receipts and expenditures of the said Company or the said Directors : And at the General Meetings of the pro- prietor of the said undertaking to be from time to time holden as aforesaid, a dividend shall be made out of the clear profits of the said undertaking, unless such meetings shall declare other- wise, and such dividend shall be at and after the rate of so much per share upon the several shares held by the proprietors in' the Joint Stock of the said Company as^such meeting or meetings shall think fit to appoint or determine ; Provided always, that no di\ idend shall be made whereby the Capital of the said Com- pany shall b;» in any degree reduced or impaired, nor shall any dividend be ]i; id in respect of any share after a day appointed for payment of any call for money in respect thereof until such call .shall have been paid. Fractions in miles in wcinhts of pooilH in , ..: collected, in some conspicuous place there, a printed board or paper . showing all the tolls payable under this Act, and particularising the sum or sums of money to be charged oi- taken for the carriage of such parcels not exceeding one hundred au 1 twenty pounds in weight .'H aforesaid. . . . ■. ProvisionB as to the car- XLII. Provided always, and be it enacted. That the said Com- l^^'^^pg'jj"" pany shall at all times, when thereunto required by Her Majesty's ^la"'**^' Deputy Post Mastei- (leneral, the Commander of the Forces, or any pei-son having the Superintendence or command of any Police Force, carry Her Majesty's Mails, Her Majesty's Naval or Military , , Forces or Militia, and all artillery, ammunition, provisions or other stores for theii- use, and all policemen, constables and othei-s, tra- *• • ' veiling on Her Majesty's ser\ice, on the said Rail-way, on such t*innsand conditions, and under such regulations as the Governor or Pei*son administei'inff the Government shall, in Council, aiipoint Proviso: Le- , ' I r gjBiature and declare : Provided alwp'-s, that anv further enactments which may make 1 T • 1 !• 1 • T-. • i" fuijherpro- the Legislature of this Province may hereafter deem it expedient visions, to make, with regard to the carriage of the said Mails or Her Ma^ jesty's Forces, and other persons and articles as aforesaid, or the rates to be paid for canying the same, or in any way respecting the use of any Electric Telegraph, or other serA'ice to be rendered "'■m 38 by the Compjiny to the Government, shall not bo deemed an in- fringement of tlie privileges intended to be conferred by this Act Compmiy to XLIII. And be it enacted, That as soon as conveniently may have Rnil- . , -n m i i i • i /-i * road mens- be after the said Rail-road shall be completed, tlie said Company miles mark sliall oause tliG saine to be mefusured, and stones, or posts, Avith proper inscriptions on the sides thereof denoting the distance, to be erected and forever after maintamed at a distance of every mile from each oUier. Treamrer, XLIV. And be it enacted. That the said Company shall and Kcceiver , , . . , and Coiiec- are hereby requhed and directed to take sufficient security by tor to Rive '' * , . 1 . ficcuriiy. one or more bond or bonds, m a sufficient penalty or penalties from their Treasurer, Receiver and Collector for the time being, of the moneys to be raised by virtue of this Act, for the faithful execution by such Treasurer, Receiver and Collector of his and their office and offices resectively. Pines under XLV. And be it enacted. That all fines and forfeitures imposed this Act liow •* lo be recov- by this Act, which shall be lawfully imposed by any By-law to be made in purauance thereof, (of which By-law when produced, all Justices are hereby required to take notice,) the levying and recovering of which fines and forfeitures are not particularly herein directed, shall upon proof of the offence before any one or more Justice or Justices of the Peace, for any of the Districts through which the said Railroad shall pass, either by the con- fession of i\w party or parties, or by the oath of affirmation of any one creditable witness, (which oath or affirmation such Justice or Justices are hereby empowered and required to administer Levy by dis- without fee or reward,) be levied by distress and sale of the «aie of goods offender's goods and chattels by wanvint under the hand and seal find cliudBl^ or hands and seals of such Justice or Justices, and all such fines, forfeitures or penalties by this Act imposed or authorized to be imposed, the application whereof iz not hereinbefore particularly directed, shall be paid into the hands of the Treasurer or receiver of the moneys to be raised by virtue of this Act, and shall be applied and disposcii of for the use of the said Rail-road or un- dertaking, and the overplus of the money raised by such distress and sale, after deducting the penalty and the expenses of levying and recovering thereof, shall be rendered to the owner of the. 3 39 dcemeJ an in- 1 by this Act keniently may said Company )r posts, with e distance, to of every mile my shall and b security by or penalties time being, of the faithful r of his and tures imposed my By-law to hen produced, 3 levying and t particularly )re any one or the Districts r by the con- affirmation of n such Justice to administer 1 sale of the land and seal all such fines, liorized to be e particularly er or receiver and shall be il-road or un- such distress es of levying wner of the. ffoods 80 distrained and sold; for want of sufficient goods and intpriwii- o ' ° iiieiit for chatitels whereof to levy, the said offender shall be sent to the warn of suf- •' , , ... ticieiii chat- common gHol for any of such Districts, there to remam without n-U. bail or mainprize for such term not exceeding one month as such Justice or Justices shall think proper, unless such penalty and forfeiture and all ex])enses attending the same shall be sooner paid and satisfied. * XL VI. And be it enacted, That if any person or persons shall PewoM ag- '■■'■ . . >ii ■ . grieved may ' think himself or hei-self or themseh cs ajjsjrieved by any thinjjdone apiwai lo ihe 1, _ _ ^'•~ J i'"i»httbie /m- 10 tieiucan"'''' ""*^ '"^^'^'^ ^^ punislied accordingly, but such punishment shall not exempt the saiil Company (if they be the ott'ending party) fl-om ' the forfeiture of tliis Act, and tlie pi-ivilegea hereby conferred on them, if, by the )iro\isions tliereof, or by law, the same be for- feited by such cor';ravention. ' : ' • ■• ^^ Her Majesty XLIX. And be it enacted. That Her Majesty, Her Heirs and may nsjiiine j j^ the Rail-way ^nd Successoi-s, niav at anytime before or after the said Rail-road on certain ' ^ j ^ conditiciiB. is completed assume the pos.ses.sion and ]>roi)erty thereof, and of all the property which the said Compan}'^ is hereby empowered to hold, and shall then have all the right, privileges and advantages vested by this Act in thi^ said Comi)any, (all wliich after such assumption .shall Ik; vested in Her Majesty, Her Heirs and Suc- cessors) on giving t(» the said Company, three months notice of the intention to jussume the same, and on paying to the said Company, within three mouths of the expiration of such notice, the whole amount of their Capital Stock then paid up and expended, with interest at ten per centum on the paid up capital, from the time of tlie paying up of the same until the time of the opening of the said Rail-way. Company L. And be it enacted. That the said Company shall annually suhiiiittothe Submit to the three branches of the Legislature within the first di't-iiied ac- fifteen days after the opening of each Session of the Provincial Parliament, after the opening of the said Rail-road or any part thereof to the public, a detailed and particular account, attested upon oath, of the moneys by them receive*! and expended, under and by virtue of this Act, with a classified statement of the amount of tonnage and of passenger that have been conveyed along the said Rjvil-road, and no further provisions which the Legislature may hereafter make with regard to the form or details of such account, or the mode of attesting or rendering the same, shall be deemed an infringement of the privileges hereby granted to the Company. Company not LI. And be it enacted, That nothin=, herein contained shall be to be exempt _ "^ _ • 1 i from the ope- construed to exempt the Rail-road by this Act authonzed to be ration of any , . . ^' , . n -i general mailc, from the provisions of any General Act relatmg to Rail- Railvvay ' . ^ ^ ® Act. ways which may be pa.s.sed dunng the preseut or any future Ses.sion of Parliament. ■ - i f bment sliall not no; party) ftom )y conferred on e same be for- Her Heirs and ? said Rail-road thereof, and of • empowered to nd ad\antages lich after such leirs and Suc- onths notice of ig to the said of such notice, paid up and laid up capital, he time of the shall annually iithin the first the Provincial id or any part !ount, attested pended, under teraent of the een conveyed ns which the form or details •ing the same, ereby granted ained shall be thorized io be ating to Rail- r any future 41 ■k LII. And be it enacted, that nothing herein contained shall ""//"iviBjc.- aflfect or bo construed to affect in any manner or way whatsoeven ^y|* i|,ore"*of .the rights of Her Majesty, Her Heirs and Successors, or of any j[|,',°"'*' ^'' person or persons, or of any bodies ])olitic, corporate or collegiate, ■uch only excepted as are herein mentioned. LHI. And be it enacted. That the Survey, llap and Book of Railroad w Reference hereinbefore mentioned, shall be made, and the said within ten illap and Book of Reference shall be deposited within three years ^^"'' from the passing of this Act, and the said Rail-road hereby HUthorized shall be completed within ten years from the passing '6f this Act, or else, every matter and thing herein contained shall Pe"n"y' -be and become absolutely null and void as to so much of the said line of Rail-road as shall not then be completed. ' LIV. And bo it enacted, That this Act shall be deemed and P"''"« Act. taken to be a Public Act, and as such shall be judicially taken notice of by all Judges, Justices of the Peace and others, without ibeing specially pleaded. A C T, 1 3 & ] 4 V I c, v C A p. C XXXI. * An Act to amend the Act intituled, yui Act to incorporate the ■t Toronto, Simcoe, and Lake Huron Union Hail-road •? Company. \\Qth Augmt, 1%5Q^ ^TfTHEREAS the Corporation now known as the Toronto, Prearabic. r • ' Simcoe, and Hvron Rail-road Union Company, have, by their petition, prayed that their Aci of Incorporation may be ' amended in the manner hereinafter mentioned, and it is expedient to grant their prayer: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the I United Kingdom of Great Britain and Ireland, and intituled* I An Act to re-unite the Provinces of Upper and Lower Canada, ^and for the Government of Canada, and it is hereby enacted, • t by the authority of the same. That for and notwithstanding any Name of thing in the Act passed in the twelfth yeai- of Her Majesty's and"K»aii 42 niicrcd iiy Reijrn, and intitulod, An Act to incorporate the Toronto, Simcoe Fill i^liMKlni; f^ ' ' •* ' ••oiiiiirio"' (i^^ii J^al-c Iltiron Union Bail-road Company, the name of*tho fur ' 'luroil- ' "" •"•" Coi'iioratiuii cioated by that Act shall hcnct 'forth be the Ontario, 'Vd'*^' '""' iSinicoe, and Huron Jiotl-road Union Company, and not the •' Toronto, Sinitoo, and Huron Rail-road Union Company," a.s in the said Ai-t mentioned; and the Vi)ad to be made by the wiid Company shall hereafter be called the "Ontario, Simcoe and Huron Union Hail-road," and not tlio " Toronto, Simcoe and Huron Union ]{ail-roail," as in the said Act men- tioned; Provided always, that nothing herein continued shjill be construed to make the said Corporation n new Coqioration, or to make void or impair the effect of any proceeding, deed, instru- ment or writing, in which the Director of the Company, or the said Corporation, shall be designated by tlie name assigned in the said Act, but such proceeding, deed, instrument or writing, shall and may hereafter be continued, construed, and have effect, as if tlie name hereby su^«igned to the Siiid Corporation or Rail-road liad been jwsigned to it by the said Act, and were inserted in such proceeding, deed, instrument or writing, instead of the name therein used. "Y 'ilBi in A "'^Iv ti a I Proviso. f,> VVithiiiwlint liiiiils tliu Kfijl-rcinl may be made. Five Dirrct- ors to lit' a quorum. II. And be it enacted, That for and notwithstanding any thing in the said Act, the Directoi-s therein appointed, and their successoi-s, shall have full power and authority to make and complete the said Rail-road, from any point on Lake Ontario, West of the Townsliip of Darlington, in the County of York, to any point on the Southeriy shore of Lake Huron, and touching at the Town of Barrie, or at some point on the shore of Lake Simcoe ; and the said Act shall be construed and ha\'e effect as if the limits hereby assigned as those within which the said Rail-road is to be constructed, had been inserted in, and assigned by, the said Act for that purpose, instead of chose mentioned in the said Act , - , . . ^ ,..,.,, III. And bo it enacteil, Tliat in eA'cry ca.se in which power is gi\'cn by the said Act to the Directors, or to any majority of the Dire<>tors of the said Compi.ny, to do any act or tiling, such act or thing may be validly done by any five of the said Directors, or b\ any majority of the Directors at any meeting at which five or more Dkectors shall be present. W Toronto, Simcoe the iiaMie of* the bo the Ontario^ ly, and not tlio ion Company," to be made by the " Ontario, t the " Toronto, D said Act men- )ntainod shall be oqioration, or to ig, deed, instru- Jonipany, or the u assigned in the or writing, shall have effect, as if :ion or Rail-road ivere inserted in , instead of the ithstanding any •inted, and their 7 to make and Lake Ontario, mty of York, to n, and touching 3 shore of Lake d ha\'e effect as which the said in, and assigned se mentioned in which power is majority of the thing, such act e said Directors, Qg at which five 43 ACT, 12 & 13 Vic, ' CAP. XXIX. 'An Act to provide for .'iffcirding the Guarantee of the Province to the Bonds of Rail-way CV)nipaiiio,' on ccrtjiiu conditions, and for rendering a'^'^istancii in im^ construction in the Halifiix and Quebec Rail-way. [30//t i/fj?/, 1840.] [TliR parts rt'laiiiif! to M.ilifnx ftiwl Cliicl.cc oiiiiiU'il.] WHEREAS at the ])rosent day, tht^ means of raj>id and easy rrcatnbie comnmnioation by Railway, between the cliief centres of poj)uhition and tratle in any country and the more remote jmrts thereof, .'ire Iwcome not merely advantageous, but essential to its advancement and jirosperity ; And whereas experience has shown, that whatever be the cjuse in long settled, i)0[tulous and wealthy countries, in those whidi are new and thinly peojded and in which capital is scarce, the assistance of Go\eiTinient is necessaiy • : * and may be safely aflorded to the cx)nstruetion of lines of Rail- way of considerable extent; and that such assistance is best given - : by extending to Companies engaged in constructing Rail-ways of a certain length, under Charter from, and conseijuently with the approval of the Legislature, tlie benefit of the guarantee ef the Government, under })roper conditions and restrictions, for loans raised by such Companies to enable them to complete their work : Be it therefore enacted by the Queen's Most Excellent Majesty, ty and with the advice and consent of the Legishitive Council and of the Legislative Assembly of the ProAince of Canada, constituted and assembled by ^ irtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and L'eland, and intituled. An Act to re-nnite the Provinces of Upper and Lower- Canada, and for the Govern- inent of Canada; and it is hereby enacted by the authority of the same. That it shall be lawful for the Governor in Council, on Gnamntpe cf behalf of this Pro\"ince, to guarantee tlie intei-est on loans to be nny''il'a*^'"*^° raised by any Company chartered by the Legislature of this fjH'iT'Ja'ised Province for the construction of a Line of Rail- way not less than compnniea '^ seventy-five miles in extent, within this Pro\ ince, on condition,- That the rate of interest guaranteed shall not exceed six per cent. per annum, — that the sum on which interest shall be so guaran- teed shall not be greater than that expended by the Company before the guai-antee is given, and shall be suflicicnt to comjilete 1163 on certain conditions. 44 First liypo' Ihi'c niifi their road in a fitting manner, and to tlie Bntisfaction of the Commissionors of Pvil)Iie Works, provided nlways, that no Buch gunrantofi bo pvon to nny Company until one-half of the entire line of Road shnll have been completed, — that the payment of the interest giinrantood by the Province shall be the first charge upon the Tolls and ))rof ts of the Company, and that no dividend shall be declared so i ng as any part of the said interest rcmainn unpaid, — that so long as any part of the ])rincipal on Mrhicli interest is guaranteed by the Province remains unpaid, no divi- dend shall be paid to the Stockholdei-s, until a sum equal to three per cent, on the amount so remaining unpaid, shall have been set aside from the surplus profits of such Rail-road, and paid over to the Receiver- General under the provisions hereinafter contained as a Sinking Fund for the redemption of the debt on which interest is guarantoed as aforesaid, — and that the Province pnviiepe in shall have the first hvnotlioc, mortgage and lien upon the Road, J tvor of tlie _, ,, , „ '; , /, » . , Province, lolis and Property ot the ('ompnny for any sum paid or guar- anteed hy the Province, excepting always, the hypothec, mortgage or lien of liolders of bonds or other securities on wliich interest is guaranteed by the Province, for tlie interest so guaranteed and the principal on which it shall accrue. iiR\'-r»<»y II, And be it enacted, That each Rail-way Company, derinnir rece;viiig any aid or advantage under this Act, shall make up and render «UCfl|;Marnn- "^ * tee 10 rend jr to the Inspector-Goncral of Public Accounts of this Province, hnlfyi'nrly i i ,/. ... ac'.oui;'j 10 each lialf year, a time account m writing of the affairs of such the Inspector . , ., i ' . , , Gener.li, ni- Lomp^.n}', in sucli lorm and with such particulars as the said Inspector-General shall from time to time require, which said Accounts shall be signed ])y the President and the Directors of the said Qompany, or a quorum of that body, and shall be sworn to by the parties signing the same before one of the Judges of the Superior Coui-ts of common law jurisdictit^n in Upj^er-Canada, or one of the Judges of the Court of Superior Civil Jurisdiction in Lower-Canada, and the said Company or the proper officer thereof shall, within ten days after the rendering of such account, pay over such amount as may be payable under the provisions of this Act to the Receiver-General of this Prounce, <<»led on O.Ji Sinkinjf ni. And be it enacted, That tlie sum or sums of money bow to be hereinbefore provided to be tiken from the surplus profits of any 45 Ilail-it>n(l as n Sinking Fund, Khali be inveatod l»y the IiwiuK'tor- i>'ve«ieu any class of Stix'kholdere. IV. And bo it enacted, That, provided the conditions men- Funher tioncd m the foreiromtr Section l»e obwervcd, it is expedient that mny i* such guarantee be afforded under such further terms and conditions iiy iii«s Oo- 111 1 Ml **'"*'' '" as may be deemed necessary by the Governor in Council andfouncii and •^ . . . lite Com- agreed to by the Coini)any aj^plying for such guarantee, it being panjr. clearly understood, that no enactments which tlu; Legislature may thereafter make, to ensure the obser\ance of such tenns and ■' conditions, or to give effect to tlie privileged claim and lien of the Province upon the Roa*'., Tolls and Property of the Com- pany, or to secure the Province from loss by such guarantee, shall be deemed an infringement of the riglits of the Company. A C T, 1 4 & 1 6 V I c , CAP. LXXIII. An Act to make provision for tlie construction of a Main Trunk Line of Rail-v?y throughout the whole length of this Province. [30iVt August, 1851.] [Rxtrneifl hnviiig reference to the Ontario, SInicoe nnd Huron Rnilroad Union Company.] WHEREAS it 18 of the highest impoi-tance to the progress Preamble, and welfare of this Province, that a Main Trunk Line of Rail-way should be made throughout the length thereof, and from the Eastern frontier thereof, through the Provinces of New Brunswick and Nova Scotia, to the City and Port of Halifax, and it is therefore exjiedient that eveiy etlort should be made to ensure the construction of such Rail-way, whilst as an act of justice to those who have advanced their money upon Provincial Securities, and as the best means of sustaining the credit of the Province, and of readily commanding such furth'jr j)ecuniary assistance na may from time to time become necessary for great Provincial Works of Internal Communication, it is ex})cdient that tlio Pro- ' vmolal Parllamont shoulil phni^'o it*'lf not to allow the Public l)«l)t ami Liahilitios of the Provii:co to bo inorcjiwd, oxcopt in the cases ami under the conditiona hereinafter nientioned : Ro it therfr* for*! declared and enaited by the Queen's MoHt Excellent Majesty, by antl with the advke and cous<}nt of the L«'giHlative Council and of the LegiHlative Atwembiy of the Province of Canada, constituted and jwseiiibled by \ irtuiH)f and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled. An Act to re-unite the Provinces of Upper •^ and Lower Canada, and for the Ooverment of Canada^ and it is hereby declared and enacted by the authority of the same, In whni Thai excepting only as regards such sum as may bo raised for the wimi cond/^ purposes of this Act, under the authority and guarantee of the ihe'l "ii'lic Parliament of the United Kingdom, and as regards the guarantee nnbiiiii'eJ of the Pro\ inctr to be given under the Act pjissed in the twelfth cleaned.'" yoar of Her Majesty's Reign, and intituled. An Act to provide liWc.c.w for affordiiKj tfie guarantee of the Province to the Bonds of Rail-way Companies on certain conditions, and for rendering assistance in the construction of the Halifax and Quebec Rail- way, for the interest only < «id, itf least ; and the expenditure hercinafter authorized shall not Ito mad<', nor the liabilities here- inafter mentioned incurred on liehalf of the Province, except only in so far as it may be found practicable to wake or incur the same, or any part thereof, without increasing; the debt or liabilities , of the Province, otherwise than in the cases and under the conditions aforesaid. m^ telinf. XVI. And wliorofw, although it is highly Jc«iraMe to ftffi)ril "< every posHihle cticourajri'mcnt to th(? construction of Raii-wjivH in all partfl of the country, yet for the j)ur|»ow) of ootifiuinjr tin; liu- bilitiiw of the Provinoo within proper iiuut^ arul at the Banie tinio ensuring efllictuai aid to thf«s*i undertakings wliicli are tno«t nwe*- tarj U) it« ])rogre8H and devflojxniieut, it i» exiH-dietit to rowtrict the proviaionH of thn Rail-way Ounrnntee Act hereinhefure cited, X"'"'"" in the manner hereinntUn" providi-d : lie it therefore enacteil, iiii«iinriini»'e ..111 "'""" '"^ ^• That the guarantee ottered by the miid Act, and all the provisions «■• «'■ '•'"•• .,.?.,. •', • bereiUlcietl of the said Act njlative to such guarantee, shall be and are hereby restricted and confined to those Ilail-roa' ^ ^ *' Rail-wnjr Forposed in the said Act and in this Act, Be it enacted, That the <'oiiimiH- r ' '_ Hioners con- Receiver General, the Inspector General, the Commissioner ,itnd stiiuted. Assistant Commissioner of Public Works, and the Pre incial Postmaster General, shall constitute a Board of Rail-way Com- » missioners; and of each the said Ofiicors shall bo a Member of the said Board by virtue of his office, and so long, and so long only as he shall hold the same; such one of the said Officers ap the M^m- sber of the Board shall agree upon, shall be the Chairmain and Offi- cial Organ of the Board, the Secretary of the Commissioners of PuUic Works sdiall be the Secreta^ of the said Board ; and any 48 m I; On what conilittoiii the laiil guarnntee ■hall be grained. Proviso. Rail-wayi over lUU inilea long may tie divi' ded inio ■ectioiia to each of which the guarnntee may be ei* tended. rejx)rt concurred in by a majority of the Board, shall be deemed the report of the Board. XVIII. And be it enacted, That no Rail-way Company shall be entitled to the benefit of the said Guarantee, until the said Board shall have examined and approved the line selected for such Rail-road, the intended guage, the form and weight of Rail, and general mode of construction of the Road, and of the larger Bridges, Viaducts, and principal works upon such Une, and shsJl have reported such approval to the Governor in Council, with their opinion that the Road is one which may advantageously forra part of such Main Trunk Line, as aforesaid, — that the Act incorporating the Company contains all such provisions as they think essential to the protection of the public interest,^-or that the Company have consented to the amendment of their Charter by the insertion of such provisioas, — and that the Road when completed will aftbrd ample security to the Province against loss under the Guarantee to be given with regard to it ; and the hne and mode of construction so approved shall not be altered or devi- ated from without an express Report of the said Board in favour of such alteration or donation, nor unless such Report shall be approved by the Governor in Council, on pain of foifeiting the right of the Company to the said Guarantee ; Provided always, That the Ontario, Simcoe and Huron Rail-roatl Union Company shal be entitled to the said Guarantee on complying with the other conditions aforesaid, although their Road does not form part of the said Main Trunk Line. XIX. And be it enacted, That any Company, having received such approval as aforesaid, shall be empowered, if the length of their Railway exceeds one hundred miles, to divide the same into sections of not less than fifty miles each, and being, as nearly as the to'al length of the Railway and other circumstances will admit, of seventy-five miles each, and each of such sections may, after such division shall have been approved by the Governor, be considered for all the purposes of the said Act and of this Act, as a distinct Railway, and when the requirements or the said Act and of this Act are complied with, as regards any such section, the Guarantee of the Province may be given tor the sum required to complete such section, which sum shall not be apphed to any other purpose ; and the Company shall keep and render separate accounts of receipt and expenditure for each such section, and if any rccdpt or expenditure be common to two or more sections, the same shall be fairly apportioned among them in such accounts, to the satisfaction of the said Cuard. XX. And be it enacted, That the said Guarantee shall not ba Further con- given with regard to any Rjiilway or section until the said Board iuchguaran- shall have repoi-ted to the Governor in Council, that the land for the whole Rail\v'ay or section has been acquired and paid for, that a part of the work thereon has been completed to their satisfaction, and that the fair cost of the part so completed, including the fair cost of the land and of all materials then pro- cured by and the pi-opeity of the Company, (and not merely the sum the Company may have actually expended upon the same,) would not be less than the cost of the part remaining to be done, according to an estimate made upon tendei-s received and ap- proved by the Company and by the said Board as fair and reasonable, in v/hich case the Guarantee of the Province may bo gi'anted for the sum necessary to complete such remaining part of the work according to sucli estimate ; and, generally, it shall be the duty of the said Board to obtain and report to the Governor all such infonnation, and to do all such things as may be necessary to ensure the faithful execution of the said Act and of this A-ct, and any duty assigned to the Commissionei-s of Public "Works by tiie said Act shall hereafter be performed by the said Board. XXI. And be It enactoti, That no contract shall be entered certain into by any Company, for the performance of work or the fur- be subject to nishing of materials for that part of their Railway for the making fhi^Govern- whtreof the snid Guarantee is to be granted, except with the en." °""' approval of the said Board ; that the said Board may suggest and the Governor in Council may impose upon the Company such further conditions as they may think requisite for guardilig the Province against loss ; and that the Guarantee may be granted to the Company from time to time, and as may be necessary, to enable them to meet their engagements under sucl; contracts as aforesaid, Avhen the work has been performed to the satisfswtion of the said Board. ^ W 1|l Guarantee XXII. And be it enacted, That the said Guarantee may, as may, on , , , * ceriBin con- reffards tliose Companies whose Rjiilways will form part of the extend to said Main Trunk Line, and upon such conditions jis the Governor well as in- in CounciJ shall think fit, be extended to the payment of the principal of the simi guaianteed, as well as to the payment of the interest thei-eon, provided the Bonds guaranteed are made payable at periods previously approved by the Governor in Council, or in his discretion Provincial Debentures for the amount to be guai'anteed, or any pait thereof, may be delivered to the Company in exchange for their Bonds, for like sums, and the principal and interest whereof shall be made payable at like periods, or at such othere as may be agreed upon ; and for the principal and interest of such Bonds, the Province shall have the same priority of hypothec, mortgage and hen upon the Railway, tolls and property of the Company, as by the said Act is given for sums paid or guaranteed by the Province, and subject to tlie same provisions, and tlie said guarantee may be given either at once for the Avhole sum to be raised by the Company, or from time to time, and by jwrtions as the sjuno shall be required for caiTying on the works, according to the tenns and conditions which shall have been made in that behalf : Provided always, that it shall be lawful for the Governor in Council, if he shall deem it exjiedient and consistent with the interests of the Pix)- vince, and the due maintenance of the public credit, to grant the same advantages, or any of them, to the " Ontai-io, Simcoe and Huron Railroad Union Company," as he may under this section grant to Companies whose Railways fonn part of the said Main Trunk Line of Railway ; and provided also, tliat one of the conditions on which the benefit of this section shall bo giautod to any Company, shall be, that no By-law of such Com- pany imposing Tolls, or affecting othei-s than the Company, shall have force or effect until approved by the Governor in Council, and that no such By-law shall remain in force for more than three yeai-s from the passing thereof, so that such By-laws may bo subject to periodical revisions by the said Governor in Coimcil, anrccopt req\iireti()n and satisfaction of such debt and interest, the ])roceed.s of »ucli rate for the year ending on such thii-ty-lii'st day of December, the amount of such original loan redeemed and sjitistietl durinfj such yeai-, the amount of interest, if any, unpaid on such day, and tJio balance still duo on the princijml of such loan. . ACT 13 & 14 Vic, CAP. LXXXI. An Act to enable the Municipal Corporation of the City of Toronto to assist in the constiniction of the Toronto, Simcoo and Lake Hm-on Union Kail-road. [10th Afff/nst, 1850.] WHEREAS the Munit^ipal Corporation of the City of Toronto, Preamble, have by almost an unanimous vote resolved, that so sooii as legal authority shall have been obtained to enable tlu *o assist the Rjiil-road Company incorj)orat(>d b} an Act of the Parliament of tliis Pi-ovince passed iji the twelfth year of Her Majesty's Reign, intituled, An Act to incorjwrate the Toronto, Simcoe ^^ ^' *^' *^* and Lake Huron Union Rail-road Compamj, in the construc- tion of their intendcil Rail-road, the said Municipal Corporation is prepared to do so, on certain terms and conditions more fully set forth in a certain Report of the Financtj Committee of the said Municipjil Corpoiation, and by the said Municipal Coi-jiora- tion adopted in Council, on the twenty-ninth day of July now last past; And whereas Ceorge Gurnett, Esquire, Mayor of the City of T '«"•'>« ,. . • debenture! regard to the duo application of auth debentures towards the pur- *° »>aven» poses for which they are proposed to be issued, and to enable such electing di- t, . . 1 ri • .1 , recioriofthe Municipal Corporations respectively, to be therefore adequately company. represented in the direction of the said Rail-road Company, so soon as any such Municipal Corporation shall have issued the debentures hereby authorized, to the amount of Fifty thousand pounds each, such Municipal Corporation shall have power and is hereby authorized to nominatt) and appoint one Director from among the members of the Council of such Municipal Corporation, for or in respect of every fifty thousand pounds of debentures, which may be so issued, and each such Director so appointed shall possess and enjoy all the powers and privileges possessed and enjoyed by the other Directors of the said Rail-road Company, named or to be appointed under the said Act of Incorporation of the said Rail-road Company, so long as such Municipal Corpora- tion shall and may be hable for the payment of the principal and interest of such debentures. COUNTY OF SIMCOE. BY-LAW. To provide for the taking Stock in the " Ontario, Simcoe and Huron Railroad Company" in the sum of £50,000, issuing Debentures for that amount, and securing payment of the same. Whereas the construction of a Railroad uniting the waters of Lakes Ontario, Simcoe, and Huron, would tend materially to the advancement and prosperity of the County of Simcoe : And whereas certain proposals have been made to the Direc- tors of " the Ontaiio, Simcoe and Huron Union Raikoad Com- pany" for the construction of a Railroad through the County of Simcoe, at and for the sum of six thousand two hundred and fifty pounds per mile, on the terms following, to wit, " That within two years and a half from the period of commencement the said Raihoad should be completed, taking in payment the bond of the County of Siincoe for fifty thousand pounds; the private H 68 subHcriptions of tho peo})lu of Toronto pfuamntwHl hy the six |)€r cent, bonds of the said Coinpniiy for tifty thousiuicl |)ound»; tlio Stock of tlio Comjiany at par for ono ImndrL-d nmUifty thousand pounds with the j)nvil('fr('s of tlio Charter ; tho HUin of twenty- five thousand pounds bonus voted by the City of Toi'onto in aid of the work, and tlie kilance in Govcnunent debentures or in tho stock of the Coin])any at tho option oii the Contractors, or as may hereafter be agreed uik)u : And whereas tho Directoi-s of tho said Company liave on tlieir part and behalf and Jis far as the same relates to them, accei)tcd tho terms of the said projwsals : And whereas also, under and by virtue of tho provisions of certain Acta of tho Pro\inciid Legislature, authority lias been given to Municipal Cor])orations to tjiko stctek in the said Kailrotid to an amount not exce»;ding fifty thousand pounds, and to issue debentures for such Stock, providing for tho payment in such manner and way as to the said Municipal Corporation shall seem desmible : And whereas also resolutions have already been passed by tho Municipal Council of the County of Simcoe, to the eftect that it was expedient for tho generid welfare of tho County that aid fihodd be extended towiuxls tho constmction of the said Rjiil- road : And whereas also it is now deemed proper and desirable, and it is the intention of tho Municipal Council of the County of Simcoe to assist in tlui construction and forwarding of tho said Road by tiking stock to the amount of fifty thousand pounds in the said " Ontario, Simcoe and Huron Union Railroad Com- pany " on the conditions hereuiafter expressed, and providing for tho pajnnent of the same by the issue of debentures payable in manner and on the terms hereinafter declai-ed, and in conformity with the provisions following ; That tho said Munici- pal Council of the County of Smicoe shall irke stock in the said " Ontario, Suncoe and Huron Union Railroad Company " to the amount of fifty thousand pomids, and that tho debentures of the County to the said amount of £50,000 shall be prepai'ed paya- ble in twenty yeai-s bearing inU^rest at the rate of six per cent. 59 I |>cr ; tho isiinJ renty- iu m\ ill tho ksmay n their ted tho ions of j8 been livilrotwl U) isftuo in such nil seem by the that it :l)at aid lid llsvil- blo, and Unty of Lbo sfud Junds in Com- roviding Ibentures I, and in 1 Munici- Ithe said I" to tho Is of the Ll paya- l)cr cent. \M' annum, snob intorost UAnrf pnyaldM balC y<'arly, and tlint such *l('l)ont\ii'Os hKiiII l>»( l(Ml(rc([ in the liands of tlio County Treasurer to be by liim IhhuwI from timo totimo at l)y and ii]>on tho written order of tlio Warden of the Munioi|»al Coimcil of tlie County of Simcoo for tho timn being. That, such order shall bo jrlven by tlio said Wardc^n of tho Municipal Council of tho (bounty of Simcoo upon tho writUiti certificate of tho Chief Engineer om- ploy(?d in tho construction of tho work being first had and obtained, to the ctfect tliat certain fixed amounts ]ia\'o l)een actually expended on tho same, tx> wit that when the amount of ton thousand pounds shall liavo l)een laid out and exj)ended by tlie Contractore in tho actual laying down, construction and building of tho said Road, that tho fifth part of such sum or two thousand pounds in debentures shall bo issued, and tho remainder of said tlebenturos shall bo issued at a like ratio of one fifth upon such certificates fii-st had and obtained as aforesaid, until tlie full sum of fifty thousand pounds debentures shall have been issued. That any profits -which may arise during the constnu-tion of the work and until tho road bo completed shall go to and be paid to the said " Ontario, Simcoo and Huron Union Railroad Com- pany." That tlu' sum of two hundred and fifty thousand jwunds balance shall bo paid in Government debentiu'cs or in tho stock of tlio Company as ma}- be agreed upon between tho Directors and the Contractors employed on Siiid Road. That three membei-s of tlie Council be ajipointed, as Commissionei-s to complete the contract on the part of the said Municipal Council of the County of Simcoo \vith the Directors of tho " Ontmio, Simi'oe and Huron Union Railroad Company" which said Coinraissionei's shall retain their appointment mtil the contract be fully agi-eed upon and entered into, and shall have full power to transact all and e\ory the necessary business previous to the stock being taken therein, to examine and tlioroughly satisfy themselves that the security ofFero«l, given and entered mto for the construction and comple- tion of tho said Railroad, and laying down the same upon the western side of Lake Simcoo, and in every other manner carrying out tho said contract bo full, ample, })erfect and undoubted. Be it therefore hereby enacted by tho Municipal Council of tlie County of Simcoo, assembled pureuant to tho statutes in that case made and provided, and it is hereby enacted by tho authority of CO the same that (C50,000) fifty tliouHAml pounda of Rtock of the "Ontario, Simoooftnd Huron Union Ituilroad Company" bo taken forthwith by tho Warden of tho said Council for and on behalf wid in tho namo of tho said Municipal Council of the County of Simcoe, subject to tho proviHoes and conditiouH in tho recital here- inbefore mentioned, and it Is hereby eniwted, that for tho payment of such stock there shall be issued by tho said Council debentures ,. to the amount of (£.50,000) fifty thousand pounds payable in twenty years from tho issuing thereof, with intcre-st thereon at the rate of (jGO) six pounds per centum per annum, payable half yearly. And it is also hereby further (snacted, that there bo raised and levied out of, from and ujwn all assessable property of tho said County in each year of tlie next ensuing four successive years from tho dato hereof, such sum of money as shall be suffi- cient for tho payment of tho interest which shall accrue and become payable on tho debentures which shall or may be issued for tlie abovo purpose. It is also hereby further enacted, that for tho above purj)ose and in manner aforesaid, there shtdl be raised and levied in the next twelve successive yeai-s thereafter, namely in tho years which shall l)o in the years of our Lord 1856, 1866, 1867, 1858, 1859, 1800, 1801, 1862, 1863, 1864, 1865 and 1866, respectively, such sum of money as shall be sufficient for the payment of tho interest which shall accrue and become pay- able on the debentures which shall or may bo issued for the above purpose, and also for the payment of one twentieth (ijftth) part of the pnncipal money of tho said (£50,000) fifty thousand pounds of said debentures. It is also hereby further enacted, that for the above puii^ose and in manner aforesaid, there shall be raised and levied in each year of tho next four succassivo years which shall lo in the years of our Lord 1867, 1808, 1869 and 1870, respectively such sum of money as shall be sufficient for the payment of the interest which shall accrue and become payable on the debentures which shall or may be issued for the above puipose, and also for tho papnent of one-tenth (rath) part of the principal money of the said (£50,000) fifty thousand pounds of said debentures. An" Excellency's suite, the Diroctoi-s of the Railroad, together with the Contractors and Engineei-s, viz : — The Hon. Henry John Boulton, President of the Board of Directors; Charles Berczy, Esq., Vice-President; Frederic Chase Capreol, Esq., Joseph C. Mon-ison, Esq., M. P. P, May The Union Comir 'a.«^"-uJl le. ,1 i 1. ■■■ • ''it'.-? [e. The nged that vho were those in an advan- t position lot to bt- Q in front, , and for receiving A guard ier Lieut, as ■svell as \G ground. Garrison, ortege was the Hon. Ladyship )latform on i suite, the actors and resident of President; .,M.P.P, B. W. Smith, Esq., Sheriff of the County of Simcoe, Hugh Scobie, Esq., James Mitchell, Esq., and George Barrow, Esq., the other membei-s of the Board. William Armson, Esq., who is ■also a Director of the Company, was unavoidably absent, owing to the necessity of his attending to official duties connected with Simcoe, of which County he has the honour of holding the distinguished office of Warden, and, in a letter addressed to the Committee, ho expressed much regret that he was thus prevented from enjoying the peculiar pleasure of witnessing tlie turning of the first sod of a Railroad in which the County of Simcoe had so deep an interest, and in the accomplishment of Avhich he had personally a strong feeling, as had been always shown. There were also oi the platform, M. C. Courtwriglit, Esq., one of the enterprising Contractore for building this road, and Mr. DeWitt, one of the Engineere, — the other Contractors, M. C. Story, Esq., and his friends, having been unfortunately detained ;;t Rochester by the change in the running of boats, arrived here only in time for the Ball in the evening, — in the festivities of which they entered with a degree of feeling which evidently showed that, although themselves strangers, they were pleased with other peo- ple's pleasures, and happy in their happiness. Soon after three o'clock His Excellency was pleased to listen to the Address of the Directors, which wiis read by His Worship the Mayor, on thei: behalf, and as the represenlativc of the civic body of Toronto, which was as follows : — ADDRESS OF THE BOARD OF DIRECTORS. To His Excellence/ the Bight Honourable the Earl of Elgin and Kincardine, K. T., Governor General of British North America, Captain General and Governor-in- Chief in and over the Provinces of Canada, Nova Scotia, Neio Brumivick, and the Island of Prince Edward, and Vice Admiral of the same, t&c, i.''T, with equal facility, those necessaries for consumption wlik'i.: must be introduced from abroad. According to the census of 1S48, the last officially promulgated, *he quantity of lands in the counties of York and Simcoe, under tillage, and the popula- tion, .*ocks, productions, &C., were as follows: — Population, 1848. Lands under tillage " " pasture " wild, good for cultivation " average value per acre cleared « average value per acre wild )duc e of wheat (( barley u rye <( oats - <( pease - <( maize - <( buck-wheat w potatoes u flax - u tobacco u maple sugar u wool - u butter - u cheese - u beef or porl u ^ . fulled cloth I linen u flannel York. 100,995 Acres. 271,488 93,326 495,989 £5 15 5 £3 3 3 Bushels. 1,451,384 110,819 23,482 1,526,935 384,721 33,480 10,536 423,004 Lbs. 5,762 122 364,663 314,662 428,297 119,602 Bbis. 14,664 Yards. 67,714 4,025 128,094 Simcoe. 23,050 Acres. 64,711 21,158 260,883 £4 11 2 £1 18 7 Bushels. 293,071 6,985 2,482 212,006 37,580 5,627 722 200,876 Lbs. 874 115,960 62,571 80,406 7,931 . Bbls. 6,039 Yards. 15,742 2,490 37,643 70 Keat cattle Horses Sheep Hogs Numbers. 66,262 21,700 105,033 70,802 Numbers. 17,896 3,327 23,630 21,647 The returns have, no doubt, materially increased since 1848, as the census of 1852, when taken, will show. It is impossible to conceive that a country which has advanced so rapidly, in the abort period of the existence of those counties, with the draw- backs which the inhabitants have had to contend against, can fail to advance with much more rapid strides when the proper facilities are afforded; and we respectfully submit, that the important Railroad, for the commencement of which we have this day assembled, will prove one of the greatest boons, to both inhabitants and stockholders, that has ever been thrown in our way. It is so regarded, we are truly happy to observe by Your Excellency and the Legislature of the country, as well as by the Municipalities of the County of Simcoe and the City of Toronto. Your Excellency and Lady Elgin have testified your good-will towards it, by honouring us with your presence to-day; the Legislature ha? extended towards it large and important aid, by guaranteeing the payment of its capital stock, to the extent of one-half the amount, or £250,000; the Municipality of the County of Simcoe has pledged its credit towards the undertaking to the extent of £50,000 ; while the City of Toronto has given a gratuity of £25,000 towards its construction, and pledged its credit for £35,000 more for the same object. Under such favourable circumstances we mast, under Providence, succeed with the imdertaking. That health, happiness and prosperity, may attend Your Excellency, the Countess of Elgin, and the rest of your noble family, is our sincere and heartfelt wish. [seal of the company.] G«OBOK Barrow, Secretary. H. J. BOULTON, President. on a| and realisl But gave| done therd weall 71 To which His Excellency was pleased to luake the following reply : — HIS EXCELLENCY'S REPLY. Mr. Mayor and Gentlemen: I am apprized by the fair colleague whom you have associated with me iu this iatoresting ceremony, tiiat she is ready to under- take the task of turning the sod, if I will endeavour to express in her name, as well as my own, how grateful we feel for the kind terms in which you have referred to oiu- attendance on the occasion. It may seem a sujgular application of the principle of division of labour, that the lady should dig and the gentleman speak. But this is an ago of progress in which we must be prepared for much that is strange. It is no new thing with me to feel an interest in the construction of a Railway through the Di8tri«t which it is intended that the line we are now assembled to inaugurate shall traverse. Four years ago, on the occasion of my first visit to Toronto, I wsus so much struck by the great amount of local traffic, as Avell as by the fertility and capabilities of the country through which I passed in the course of a drive which I took along Yongo Street, that I ventured to predict that we should soon see a Rail ay running through it. The favdur- able impressions which I then received liave been strengthened by subsequent observation, and they are further confirmed by the valuable statistical information contained in the Address which yoa have just now read. That this Railway, which is to connect Lakes Huron and Ontario, should be commenced while I am still in Canada, is therefore a subject of no ordinaiy gratification to me; and I am glad that Lady Elgin should have consented, on your invitation, to put her hand to the work. I shall not attempt to dilate on the benefits which Railways have conferred on all countries where they have been extensively introduced, and which we may hope by enterprise and peraeverance yet to realize for Canada. The theme is too large for such an occasion. But I may observe that the hospitality of our friends in Boston gave many of us lately an opportunity of seeing what they havo done for New England ; how materially they have contributed there to raise the value of property, and increase the pubUc wealth. Of the extent to which the Railway system has been developed by our energetic neighbours, I had some personal experience on tho occasion of our rocont trip — as in eight days, and with the loss of only ono night'rf rest, I travelled nearly 1600 milcM, and spent soveral hours in each of the cities of Rochester, Baston and Montreal. I am aware that there are persons who apprehend that we have passod In C'anada at a bound, from the extreme of caution and apatl