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 Grand, Trunk Railway 11 
 
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 DEEDS, &e.. 
 
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 ' RELATING TO THE ESPLANADE, 
 
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 AND ALSO TO 
 
 THE PROPERTY OF THE 
 
 Grand Trunk Railway 
 
 COMPANY OF CANADA, 
 
 WEST OF YORK S^EET, IN THE 
 
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 CITY OF TORONTO. 
 
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 Ian ..»t .8<6. Agreement between City of Toronlo and 
 
 Jan. ai»t, i«5«- '^B ^, .j, j^^ ^ Esplanade - - 5 
 
 Feb. ai»t. 1856. Rcpo^ - ^j' - " ' ; '^^ 
 
 - ' .< Spccifiiation for construction of Esplanadtj^ 2 7 
 
 34 
 38 
 
 Nov. .6th. .859- n'^cd, Gzpwski // «/ to G. T. R. - 
 
 May ni, 1861. Deed, City oTToronto to C. T. R.^ 
 
 WALKS /\ND GARDENS WEST 
 OF REES LOT. 
 Dec. 3rd. .86a." Agreeme^nt ^between City of Toronto and ^^ 
 Nov.19th.1863. lJ.ed.biy^fT<m,nto^oa^ ; 43 
 
 Nov. 19th, 1863. Mortgage, G. T. R. to U«y oi 
 
 WATER LOTS. ^ 
 
 Dec ajrd. i86a. Agreement between G. T. R. and City of 
 
 Toronto - - " ' * 
 
 Mr "":;. '*«6.. D^'ciiy of Toronto lo.G. T. R. '- - 
 ]t \fk \m. M^^'f G/r^J^ .0 City of Tpronto 
 
 ROUND HOUSE BLOCK. 
 Sept. 14th, 1863. Correspondence, &c. - , - ; ; 
 
 June 13th, 1864. Pj^^y city ofToronto to G. T. R. - ■ 
 June 32nd, 1864. Weea, ciiyoi i« .. ritv of Toronto - 
 June 22nd, 1864. Mortgage, G. T, R. to i^ity 01 u 
 
 56 
 60 
 
 67 
 
 70 
 
 77, r 
 
 85 
 89 
 
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 I III 
 
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 DATE. 
 
 PAGE. 
 
 UNION STATION GROUNDS. 
 
 May i4|h, 1866. Resolution of City Council - - . 97 
 May 15th, 1866. Agreement between City of Toronto and \ 
 
 G. T. R. - - - . . . ^ 
 Feb. 29th, 1868. Release and Surrender, MaryHancox to 
 
 City of Toronto - - - . loi 
 Feb. 29th, 1868. Deed, City of Toronto to G. T. R. - - 104 
 Feb. 29th, 1868. Memoracndum - - - - -•108 
 
 April 27th, 1868. Mortgage, G. T. R. td City of Toronto - 109 
 
 * ENTRANCE TO FREIGHT SHED. 
 
 /July 22nd, 1865. Lease, City of Toronto^o G. T. R. - 
 / June 26th, 1869. Deed, City of Toronto to G. T. R. - 
 
 - "7 
 
 - 120 
 
 March i8th, 1865. Cap. xxxiv. Statutes of Canada and agree- 
 ment in Schedule thereto - - -122 
 
 April 19th, 1865. Deed, City of Toronto to G. T. R., . 
 
 G. W. R., and N. R. . - - 132 
 
 . REES WATER LOTS.' 
 
 Dec 31st, J 868. Deed, Gamble efa/to G. T. R. - . 135 
 Jan. 4th^ 1869. Mortgage, G. T. R. to Ridout ei a/ ■ - 139 
 Jan. 4th, 1869. Declaration of Trust between Hooper^/ a/ 
 
 and G. T. R. - - . - - 142 
 May 2oth, 1870. Release, City of Toronto to C. Gamble 
 
 and G. T. R. - - - - - 145 
 
 Jan. 8th, 1573. Deed, John Betz to G. T. R. - 
 
 - 147 
 
 May 8th, 1879. Agreement between Grand Trunk and 
 -, Northern R^lways - - - - 149 
 
 January, 1880. Judgment of Vice-Chancellor Proudfoot - 153 
 
 Appendix' "A." - - . - - I. 
 
 
 
 4 
 
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 AGREEMENT 
 
 BETWEEN THE Cm OF TORONTO 
 
 AND THE 
 
 GRAND TRUNK RAILWAY COMPANY OF 
 ■ - CANADA. \ 
 
 Dated 2 isj January, i856.\ 
 
 Railway Company of Canada, oi mc r 
 
 . WHEREAS, ^ena^an^^ 
 
 contracted MdtVCastmir a ^^^^^^^^^ J ^^ Esplana^ 
 
 Holton, and A. V^irp'.'^'r Toronto, upon the terms and con- 
 along the front ^^.^^^^/^'y^/ agreement mentioned; and whereas 
 ditionsiri the said articles oiagre Holton, and 
 
 the said C. S. G«3wsk., P. L _Macph«^^^ ^^ ^^^ ^^^^^^^^^ ^^^ 
 , A. T. Gait, commenced ope^Uo^^^^^^ contracted to be per- 
 Vve pefformed Pf «^.*^^^ J^^ ^d demands against the said 
 S^t^ S^SS^ P^-der the said contract : 
 
 AkD whereasthesaidp^he^of^ejr.^^^^^ 
 
 dared the ^^id^^^J^trt lave "^^^^^ the settlement 
 
 hereto of the second P^^^ have ^gre^^^ g ^^^^^^.^ j^ L. 
 
 of all claims ^J^ dernands by^he^m^^ 
 Macpherson, L. H^Hf ^^I^^l^d to relieve and indemnify 
 
 and demands: . ^^'^ . 
 
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 And Whereas, under the provisions of an Act of the Legisla- 
 ture of this Province, entitled "An Act to authorize the Grand 
 Trunk Railway Company of Canada to change the location of 
 their line in and near the City of Toronto," the said party hereto 
 of the first part are authorized and empowered to contract with 
 . the party hereto of the second part for the construction of the 
 \said Esplanade, or of anyportion thereof And whereas the said 
 party hereto of the first part are desirous of contracting with the 
 s^id party hereto of the second part, for the construction of the 
 works hereinafter mentioned. * 
 J ■ ' 
 
 NOW these presents witness, that the party hereto of the 
 
 first part, for themselves and their successors, and the party here- 
 to of the second part, for themselves and their successors, mutu- 
 ally covenant, promise and agree the one to and with the other 
 as follows : — > '-^ 
 
 First.— The party of the second part agree to assume the 
 settlement of all claims existing between C. S. Gzowski, D. L. 
 Macpherson, L. H. Holton, and A.*T. Gait, and the party here- 
 to of the first part, aihd to indemnify and relieve the said party 
 of the first part of and from the same. 
 
 " Second. — The parties hereto agree forthwith to submit the 
 said claims, as matters in dispute between them, to the award, 
 final end, and determination of A. M. Ross and T. C. Keefer, 
 Esqrs., and of a third arbitrator, to be chosen by the persons so 
 named before proceeding with the said arbitration, and the 
 parties hereto mutually covenant the one with the other, for 
 themselves and their successors, that they will well and truly 
 stand to, abide by, perform, fulfil and keep any award which may 
 be made by the arbitrators so named and chosen or by a major- 
 ity of them. Provided that such award be made in writing, 
 ready to be delivered to the said parties, on or before the first day 
 of March next, the said arbitrators, or a majority of them, to have 
 the power to enlarge the time for making their award by writing, 
 under their hand, and to examine all persons and witnesses upon 
 oath. Provided alway^ and it is hereby agreed, that the said 
 party of the first part shall be at liberty, before --the said arbitra- 
 tors, to dispute the quantity and prices of work, and materials 
 charged for, by the said C. S. Gzowski, D. L. Macpherson, L. H. 
 Holton, and A. T. Gait, and each and every other claim made 
 by them in like manner, as if such arbitration had been made be- 
 tween the said C. S. Gzowski and his said partners and the party 
 of the first part. 
 
 Third. — The party of the first part agree to pay the amount 
 of any award which may be made by the said arbitrators, or a 
 majority of them, by virtue of the above reference, in favor of the 
 
< • I 
 
 party of the second part, for and on account of the cjainis of the 
 Lid G/owski and partners, against the said City, Jejembefore 
 aereed to be assumed and settled by the said party of the second 
 part, in Debentures of the party of the first part, payable in twenty 
 years, with interest thereon, at the rate of six per cent per an- 
 Lm, payable semi-annually, the said Debenture^and mteres^^ to 
 be payable in sterling money, in the City of Londdn,, England, at 
 such banking-house as the party of the second part may name, 
 the said sterling money to be at the rate of 24s. 4d. currency fv 
 each pound sterling, or in cash, at the option of the party of the 
 first part. Provided always, that if the party of the firs part elect 
 to pay the amount of such award in Debentures, payable as afore- . 
 said, then the rate of premium or discount at which the said 
 parti of the second part shall te bound to jece%^!,^*™^,,^^„^J 
 be fixed by T. G. Ridout, Esq., Cashier of the Bank of Upper 
 Canada, and the parties hereto mutually agree to pay and receive 
 the amount of such award in the Debentures, at such rate as the 
 said T G. Ridoiit shall so fix. But if the said party of the first 
 part elect to pay the amount of such award in cash, then the said 
 barty of the first part shall be allowed a credit of twelve months 
 from the date of such award to pay the same, the. amount so 
 awarded to bear interest, at the rate of six per cent, from the date 
 of such award. >. 
 
 , The said party of the first part also agree that they will 
 make the Debentures so to be issued, payable »". s",ch.«""«. fj 
 the party of the second part may require. Provided, that they 
 shall S be required to issue Debentures for a smaller sum than 
 Vioo each It is also agreed, that the said party oi the first 
 part shall 'declare their option, and deliver tje Debentures on 
 Certificate hereinafter mentioned to the party of the second^part, 
 .within one calendar month from the making of the said award, 
 ^ Sd that if the party of the first part do not Within the said te^^ 
 of one calendar month elect to pay the said award m Debentures, 
 and notify such their election to the parties of the second part; 
 ^thin the said term of one calendar month, then it is under- 
 stood and agreed between the parties, that the party of the^fiist 
 part shall be held and taken to have elected to pay in cash, m 
 manner and on the terms before mentioned. 
 
 Fourth.— The party of the* second part covenwit as afore- 
 said forthwith to proceed with the construction of a Railway 
 Track or Way forty feet in width, with all necessary slopes m 
 Sngs'inthe proportion of one-and-a-half horizontal to one 
 ^r^endicular, along^he front of the City ofToronto^n the Ime 
 ^d in the direction marked, on the plan^ereto atUched, and 
 which sliall be taken to be part of the contract. 
 
 I 
 
 
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 Fifth. — The party of the first part covenant as aforesaid, that 
 in consideration of the sum of ^10,000 of lawful money of Can- 
 ada, to be paid to the party of the first part by the party of the 
 second part they shall and will guarantee the exclusive right of way 
 for the said forty feet track, along jhe said line, from Brock 
 Street to Parliament Street, as shewn on the said plan, to the 
 said party of the second part and their assigns, and shall and will 
 indemnify and save harmless the party of the second part and 
 their successors, of, from, and against all claims and demands 
 Whatsoever, of or by all person or persons whomsoever, for or by 
 reason of the construction of the said forty feet tract, and the said 
 slopes, and shall and will pay and discharge aJl claims for land, 
 damages, and all costs and expenses of any arbitrament or other 
 legal proceedings which may be necessary, or may be incurred in 
 consequence of the construction of the said tract of forty feet and 
 slopes. It being expressly declared and agreed betweea the 
 parties hereto, that the party of the second part shall not for or 
 by reason of the construction of the said Railway, Track or Slope, 
 be subjected to the payment of a larger sum than ;^i 0,000, for 
 
 any cause whatsoever. 
 
 '. ■ ' ■ \- ■ ' ■ 
 
 Sixth. — Provided always, that the said party of the second 
 part shall not obstruct the approaches to the wharves in^ front of 
 the City unnecessarily, in the construction of the said forty feet 
 tract ; and also that the said party of the second part shall, dur- 
 ing the continuance of the said W9rk, at their own expense, keep 
 up at least two lights, at night at such approlKijies to any of the 
 public wharves in front of the said City, where any such" work is 
 at the time being proceeded with, and such temporary ap- 
 proaches thereto as may be necessary during the progress of the 
 work. 
 
 Seventh.— The said railway track of fi^rty feet in width, with 
 the said slopes, to be constructed by the ^arty of the second part, 
 in such manner as may be considered nfecessary by the Engineer 
 appointed by theni to superintend the fconstruction of the same. 
 Provided always, that no alteration i|l the line so marked on the 
 plan hereto annexed shall tie mad^ Without the <<onsent of the 
 party of the first part, and thaPthjd proportion of one-and-a-halF 
 be observed. v / ^ 
 
 _ Eighth.— The party of the/ second part covenant as afore- 
 said, that in the construction ctf the said railway track they shall 
 not and will not obstruct the/escape of the present public Sewer- 
 ag(^theCity. / 
 
 ' , Ninth.— The party of the first part covenant as aforesaid, 
 that they shall and will paf to the party '<. of the second part, 
 for tlje construction of the said railway track and slopes, as fol- 
 
 • ;;ii-^ 
 
 4: 
 
 H 
 
vi '. 
 
 -^ 
 
 9 
 
 '; «•' 
 
 lows, the price and quantities of all works and niatenals to be 
 fixed by the arbitrator?1^ereinbefore named, within one month 
 from the date of this agreement. 
 
 And the parties hereto mutually covenant the one with the 
 other for themselves and their suceessors, that they will well and 
 truly stand to, abide by, perform, fulfil and keep any award which 
 may be made by the arbitrators so named and chosen, or by a 
 majority of them, or by such arbitrators as may be hereafter 
 named ^nd chosen, as hereinafter provided, so that their award 
 may be made in writing, under the hands of the said arbitrators or 
 of a majority of them. 
 
 Tenth.— That the party of the first part covenant as afore- 
 " said that they shall and will monthly give to the party of the sec- 
 ond part a certificate, under the seal of the party of the first part, 
 . of the amount payable, at the rates to be fixed by the said arbi- 
 trators as aforesaid, for the work done and materials furnished by 
 the party of the sec6nd part, suchxmonthly certificates to be 
 given upon the certificate of the Engirieer in charge of the work. 
 
 Eleventh.— The party of the first part agree to pay for all 
 work done and materials furnished in the construction of the said 
 railway track in debentures of the party of the first part, payable 
 in twenty years, with interest thereon, at the rate of six per cent 
 per/annum, payable semi-annually ; the said debentures and m- 
 Bst to be payable in sterling money, in the City of London, 
 England, at such banking-house as the party of the second part 
 / may name : t^e said sterling money to be at the rate of 24s. 4d. 
 '/ currency for each pound sterling, or in cash, at the option of the 
 party of the first part Provided always, the said party of the 
 first part shall, within one month from the date of this agreement, 
 declare theit option as to whether they will pay in debentures or 
 in cash, and that no alteration shall afterwards be made in the 
 the mode of payment 
 
 Twelfth —If the party of the first part elect to pay for the said 
 work, materials, and other claims, in debentures, payable as afore- 
 said, then the rate of premium or discount at which the party ot 
 the second part shall be bound to receive the^same shall be fixed 
 by Thomas G. Ridout, Esq., Cashier of the Bank of Upper "Can- 
 ada, and the parties hereto mutually agree to deliver and receive 
 the said debentures at such rate as the said T. G. Ridout shall so 
 fix But if the said party of the first part elect to pay in cash, 
 then the said party of the first part shall be allowed a credit of 
 twelve months from the date of such monthly certificate, to pay 
 such certificate, the said amount to b^ar interest at the rateof.six 
 per cent. ^ The said party of the first part also agree that they 
 
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 will make the debentures so to be issued for the said work pay- 
 able in such sums as the party of the second part may require. 
 Provided that they sjjall not be required to issue any debenture 
 for a smaller sum^than j^i oo. 
 
 Thirteenth.— The paity of the first part further covenant, as 
 aforesaid, that they shall ard will furnish to the party of the sec- 
 ond part, such earth as the party of the second part may require 
 for the construction of the said track of forty feet and slopes as 
 aforesaid, and which it mk;' be in the power of the party of the 
 first patt to grant, at and for the price of threepence for each 
 cubic yard, and the party <f the second part covenant as afore- 
 said, that they will well aai truly pay to the party of thfe first 
 part the price of threepencid per cubic yard for each yard pf earth 
 so furnished, or shall and will allow the same as a payment on ac- 
 count of the work done undec this contract ^ 
 
 Fourteenth. — The party of the second part further covenant 
 as aforesaid, that they shall and will well and truly pay to the said 
 party of the first part the said sum of ;^i 0,000, upon Ihe said 
 party of the first part assuring to the said party of the second part 
 and their assigns the exclusive right of way over, upon, and along 
 the said railway track of 40 feet 
 
 Fifteenth.— The party of the second part further covenant 
 as aforesaid, that they will by all means in their power assist the 
 party of the first part in obtaining a Patent from the Crown of all 
 lands and land covered with water, which the party of the first 
 part now hold or claim or claimed title to, under the license of 
 occupation granted to the party of the first part, on the 29th day 
 of March, 1853, so soon as these presents are executed. 
 
 Sixteenth.— It is also agreed between the parties hereto, that 
 as well the party of the first part and their assigns, as also all 
 owners of lands or land covered with wate^ immediately to the 
 south of and abutting upon the southerly ^ide of the said forty 
 feet track, or entitled to the slope immediately t6 the horth of the 
 said track west of Bay Street in the said City of TorOiito, and 
 their assigns *all have the fight to b^ild over the said track, 
 provided that all erections be done ui/on and according to such ^ 
 plan as shall be approved of by the Board of Railway Commis- 
 loners. And provided also that siufh erections do not interfere 
 With the lightening, ventilating and other, the full and free use of 
 the track by the said party of th^second part 
 
 Seventeenth.— And whereat, doubts have been entertained 
 as to the liability of the party bf the second part, to make and 
 erect bndges and crossings oVer and upon the said faacks, for and 
 
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 1 
 
u 
 
 by reason of the occupying and using the same by the party of 
 the second part as a Railroad Track. It is hereby expressly de- 
 clared and agreed, that the party of the first part shall not require 
 the said party of the' second part, to build, find, or procure any 
 Bridges, Ramps, Crossings, or any other approaches whatever, 
 over, along, or to the said Railway Track; but shall provide all 
 such, if and whenever required,- at their own expense ; it being 
 the intention of the parties to. these presents, that the party ot the 
 first part, for and in consideration of the said sum of ^ 10,000, 
 80 to be paid as aforesaid, do guarantee and indemnify the party 
 of the second part of, from, and against all claims and demands 
 whatever,-fororbyreasonofthe Railway of the party of the 
 second part being placed on said track of 40 feet. 
 
 Eighteenth.— The party of the second part do further agree, 
 that they shall and will assist the party of the first part, in so far 
 as may be necessary in contracting for, or constructing the Espla- 
 nade along the. front of the City of Toronto, under the second 
 section of the Act passed in the 1 8th year of Her Majesty's rpim, 
 Chap. 175 ; and fixing upon and determining the plan and site 
 of the said Esplanade, and in taking any other benefit under the 
 said act for the purpose of conferring upon the partjr of the hrst 
 part the powers mentioned in the said act concealing the said 
 Esplanade, if the party of the first part shaU deem it advisable to 
 lequire such assistance; the party of the first Dart agreemgtopay 
 all costs and expenses thereby incurred. And the party ol the 
 first part agree that they shall not let to, contract, nor construct 
 the Esplanade, or general earth filling until after the party of the 
 second part shall have completed the said Railway Track and 
 Slopes. Provided always that the party of the second part shaU 
 use all reaaonable expedition to finish the said Railway Track 
 during the present year. It is also mutually agreed that the party of 
 the first part shall not interfere unreasonably with the party of the 
 second part, nor shaU the party of the second part interfere uo- 
 reasonably with the party of the first part, either m^the formation 
 of the Railwiy Track, or after the construction and occupation of 
 the said Track by the said party of the second part, or in the 
 constrtiction .of the said Esplanade ; but each shall and wUl 
 afford all proper facilities to the other. / 
 
 Nineteentk^It is agreed tliat on any reference to arbitration 
 under any of the provisions of this agreement, all mapsj plans, sur- 
 veys Ad documents made by C. S. Gzowski & Co., or the party of 
 the se&nd part shall be produced before and submitted to the ar- 
 bitrators, who may act in any of the above matters, and Jhe same 
 shall be open to and may be used wjd referred to by the paru^ 
 hereto, for the pmposes of such arbitratioa It is also agreed 
 
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 that if the said Alexander McKenzie Ross shall be unable or re- 
 fuse to act as an arbitrator, then the party of the second part 
 shall have the right to nominate another person in the place of 
 the said Alexander McKenzie Ross ; and if the said Thomas C. 
 Keefer shall be unable or refuse to act as an arbitrator, then the 
 party of the first part shall have the right to nominate another 
 person in the place of the said Thomas C. Keefer. 
 
 Twentieth. — It is agreed that the submission herein contain- 
 ed, and any award made thereunder, may on the application of 
 either party, be made a rule of one of the Superior** Courts of 
 . Common Law for Upper Canada. 
 
 Twenty-first. — Lastly, it is agreed, that in the event of any 
 Implication t<i the Legislature being considered necessary or ex- 
 pedient by either of the parties hereto, for the purpose of con- 
 firming or sanctioning any stipulation or agreement herein con- 
 tained, the parties hereto shall and will, and hereby do consent 
 to such application being made ; and further, that if the party of 
 the first part shall deem it expedient to apply to the Legislature 
 for any purpose whatever connected with the construction of the 
 Railway Track or of the Esplanade,<or the general earth filling, 
 or the laying out, or planning, or alteration of the same, the party 
 of the second part shall and will assist the party of the first part 
 by all reasonable means in such application, and in procuring 
 whatever legislation may be required on the subject 
 
 And whereas \he track of the Ontario, Simcoe and Huron 
 Railroad Company passes upon that part of Front Street aforesaid, 
 iR^ich will be required for the slope in the construction of the 
 said track of the pauty of the second part, and it is necessary that 
 some provision should be made in reference thereto : 
 
 Now these presents witness, that it is mutually agreed between 
 the said parties of the first and second parts, that if the said party 
 of the first part shall at any time within one calendar 'month from 
 the execution of these presents desire to make any deviation from 
 the location of the said track of the party/of the second part, as 
 laid down upon the said plan, so as to prevent interference with 
 the said track of the Ontario, ^Simcoe and Huron Railroad Com- 
 pany, then that the said party of the secohd part, on notice there- 
 of within the period aforesaid, shall proceed to execute their said 
 track upon that part theifeof lying between Brock and Bay Streets, 
 ^n such part of the frontage of the said city as shall not be fur- 
 ther south than twenty-six feet from the southern line of the said 
 forty-feet, as laid down on the said plan ; and all the covenants, 
 ^eeme^ts, and provisions herein contained and applicable to 
 , the said forty-feet track, as laid down on the said plan, shall be 
 
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 4 
 
18 
 
 applicable to the said substituted track as fully and effectually to 
 all intents and purposes as if such substituted track had been the 
 track originally laid out on the said plan, and had been specially 
 referred to in all the provisions of these presents. 
 
 AS witness the hands and seals of the said parties, the day 
 and year first above wpt^n. 
 
 (Signed) G. W. ALLAN, 
 
 \, Mayor 
 
 [L.S.] (Signed) JOHN ROSS, 
 
 President Grand Trunk Railway 
 Company of Ctoada, 
 (Signed) A. T. McCORD, 
 
 Chamberlain. 
 Signed, sealed and delivered in ' 
 presence of 
 (Signed) C. GAMBLE. 
 (Signed) W. SHANLY. 
 
 
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 '♦•*' '^* 
 
 it \ 
 
 Sir,— 
 
 ToRbNTO, 2ist January, 1856. 
 
 At your request I hereby consent and agree that the track of 
 the Northern Railway, alon^ the south side of Front street, be- 
 tween Bay and Brock streets, shall continue to be left where it is 
 until the 15th day of June now next ensuing ; and further, that 
 we will construct our forty feet track f r the City, and accept it 
 under an agreement with the City (if notice be given by 
 the Corporation within one month from this date desinng us to 
 do so), along the outside line of the proposed Esplanade, as 
 shown and pointed out by Mr. Shanl^n pencil, on the plan 
 which we have signed ; and further, ijMe the said fortyfeet 
 track touches the old line of Esplanadi^e line to be^^ta^d 
 along the south side thereof, subject to all th,e conditions, coven- 
 
 1 
 
 4 
 
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 I 
 
 14 
 
 ihW Mdnrovisocs contained in the agreement this day executed 
 bctweenOje City anrf ourselves, if the City desire such change 
 within one month from date. 
 
 .(Signed) JOHN ROSS, 
 
 Pret, G. T. R. Company. 
 To Gc W. Allan, Esq. 
 
 Mayor of Toronto. 
 
 F. 9*~^The covenant in our agreement with respect to the 
 patent for the property embraced in the license' of occupation of 
 agth March, 1853, I shall endeavor to get carried out as speedily 
 U possible.^ Mr. Wilson requested Mr. Attorney General Mac- 
 donald, in my presence, to get it ready as speedily as i)»ssible, and 
 I have no doiibt that this is being done according to the terms 
 read over by you in presence of Mr. Macdonald and Mr. Cayley, 
 when we met to agree upon the terms embraced in our present 
 contract. 
 
 . (Signed) JOHN ROSS. 
 
 Council Chamber, Toronto, Feb. nth, 1856. 
 ■ ■ ' " • *• 
 
 RisoLVKD, — That the Solicitor of the Corporation be instructed 
 to give notice to the Grand Trunk Railway Company of Canada, 
 pursuant to the agreement of the 31st January last, that they are re- 
 quired, to remove their forty feet track from the foot of the slope, so 
 much farther south as will prevent interference with the track of 
 the Ontario, Simcoe and Huron Railroad Company. 
 
 Communicated by the City Solicitor to 
 
 The Hon. John koss, President G. T. R. Co. of Canada. 
 February 19th, 1856. f. 
 
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 Oopy ofWeport of Standing Committee on Wharvea, 
 
 . Harbors, &o. 
 
 .11 
 
 To the Worshipful the Mayor, Aldermen and Commonalty 
 of the City of Toronto, in Common Council assembled. 
 
 The Standing Committee on Wharves and Haibors beg leave 
 to bring up the first report 
 
 That inasmuch as the arbitrators appointed between the City . 
 and the Grand Trunk Company, under the contract entered into 
 between them, under the date of the 21st January last, have been 
 as yet unable to meet to enter upon such arbitration. And 
 whereas, it may be doubtful whether the time for such arbitration 
 may not expire before any meeting q( such arbitrators. 
 
 The Committee hereby recommend to the Council to adopt 
 a resolution, agreeing to enlarge the time for making any awaid 
 to be made, under the said contract, for thepenod of two months 
 from the date. 
 
 All of which is respectfully submitted,^ 
 
 (Signed) GEORGE A. PHILLPOTTS, 
 
 ^^ Chairman. 
 
 Adopted in Council aist February, •i^ and communica- 
 ted same day by the Clerk of the Council to the Hon. John Ross, 
 President of the Grand Trunk Railway Company. 
 
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 Toronto, February ailh, 1856. 
 
 I have the honor, by direction of the Director! of the Grand 
 Trunk Railway Company, to inform you that at their, meeting 
 this day they resolved to agree lo an enlargement of the time for a 
 period of two months fr9m a I at February inst., for making the 
 award under the recently executed Contract between this Com- 
 pany and the I'oronto Corporation, or the subject of the Espla- 
 nade, and that the President of the Company is duly authorized 
 to take the necessary steps to give legal effect to such enlargement 
 on behalf of the Company. 
 
 T6 Mis Honor, 
 
 (Signed) JOHN M. GRANT, 
 Assistant Secretary. 
 
 
 The Mayor of Toronto 
 
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 ward. Dated April 21it, 1856. 
 
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 ,v »M to whom these presenti thall come. Wc, Alwtnnd- , '| 
 er McKeiuic Rois, of the City of Montreal, E«<iu»rc, and Jam«« I i 
 
 Cofcjy Street, E»quire, send greeting. 
 
 WHERKAS by a certain agreement bearing date the twe!»9^ 
 ftrtt day of January, in the year of our Ix)rd one thousand cigh^ 
 hundred and fifty-six, between the Mayor, Aldermen, aiid Cora^ 
 monalty of the City of Toronto of the first part, and the Omna 
 Trunk Railway Company of Canada of the second part, it was 
 among other things witnessed that the said parties thereto did 
 mutually covenant, promise and iwree the one to and with the othCT 
 that they the party of the second part would forthwith proceed 
 with the construction of a railway track or way forty feet m width, 
 with all necessary slopes in cuttings in the proportion of one and 
 a half horizontal to one. perpendicular along the front of the Uty 
 of Toronto, on the line and in the direction marked on the plan 
 attached to said agreement, which it was agreed should be part of 
 the said agreement. * 
 
 AND/ whereas by the said agreement the parties thereto did 
 airree to submit certain matters in dispute between them to the 
 award, final end, and determination, of Alexander McKemne 
 Ross, and Tliomas C. Keefcr, Esquires, and of a third arbitrator 
 ' * wtrfbe chosen by the persons so named before proceeding with the 
 ^ said arbitration, the said parties hereto of the first part did coven- 
 ant and agree that they ihould and would pay to the party of the 
 second part for the construction of the said railway track and 
 slopes as folVowi ; The prices and quantities of all works and 
 materials to be fixed by the arbitrators hereinbefore named, with- I., 
 
 in one month from the date of the said agreement, meaning thereby 
 of the said Alexander McKenzie Ross and Thomas C. Keeier 
 and of the said arbitrator to be chosen by the persons so namea 
 before proceeding with the said arbitraUon. 
 
 AND the said parties did mutuafly cpvenant one with the 
 other for themselves and their successors that they would weU 
 and truly stand to, abide by, perform, fulfil, and4ceep any kward 
 which might be made by the arbitrators so named and chosen or 
 by a majority of them, or by such arbitrators as might be there- 
 
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 after named andxhosen as in the said articles of agreement is 
 provided, so that the award be made in writmg under the hands 
 ofthe said arbitrators or a majority of them. .,. 
 
 '.■i*r* ■■.-.",," . ," • -■• ■ 
 
 AND whereas before proceeding with the «aid award, the 
 said Alexander McKenzie Ross and Thomas C. Keefer chose the 
 said James Cobby Street as the third arbitrator. ^ 
 
 AND jvhereas the said the Mayor, Aldermen and Com- 
 ijjDpalty ofthe City of Toronto, and the said the Grand Tnudc 
 Ra&y Company of Canada under their respective corporate se^s 
 duly enlarced the time limited in the said agreement for the 
 arbitrators to make their award of the prices and quanUties of aU 
 works and materials until the twenty-first day of April, instant 
 
 NOW know ye that we the said Alexander McKenzie Ross and 
 Tames Cobby Street being a majority of the said arbitrators having 
 taken upon ourselves the burthen of the said reference and having 
 weighed and considered the matters and things thereby referred 
 to us do award and find : 
 
 THAT in the said Railway Track of forty feet wide the 
 necessary slopes on the line in front ofthe said City of Toronto ac- 
 cording to the plan attached^to said agreement there will be re- 
 quired the quantity of two hundred and forty-six thousand cubic 
 yards of earth-work measured in excavation. There will be 
 required for passages for escape of the sewerage of the City 
 through the said Railway Track, thirty thousand cubic feet of 
 timber, and a brick drain near the Parliament Buildings will in 
 oilr opinion also be required, and as in our opinion other bnek 
 culverts will ^e necessary for conveying the drainage of the City 
 across the Railway, we do award that the sum of one pound and 
 fifteen shillings per cubic yard shall be paid for the bnck work in 
 the same,' including the necessary excavations, and we do award 
 and find that the sum of two shillings currency per cubic yard 
 measured in excavation be paid for all earth-work lying to the 
 westward of the east side of Beard's Wharf as shewn on the said 
 plan which we estim|ite at one hundred and sixty thousand cubic 
 yards, and the sum of Iwcf shillings and three pence currency per 
 cubic yard be paid for all earth-work lying to the eastward of 
 Beard's Wharf as shewn on said plan which we estimate at eighty- 
 six thousand ^ubic yards. 9 
 
 SIX 
 
 AND we do award that the suqa of one shilling and 
 pence per cubic foot be paid for the timber required for the pas 
 sages for escape of the sewerage of the City through ^^^ ««" 
 Railway Track. 
 
 the said 
 
 H 
 
19 
 
 AND we do award that the sum of onto hundred pounds be 
 paid for the said brick drain near the Parliament Buildings. 
 
 AND we^o assess our charges as Arbitrators and for pre- 
 paring this our award at the sura of one hundred and five pounds 
 which we do direct to be divided equally between the said Mayor, 
 Aldermen and Commonalty of the City of Toronto, and the said 
 the Grand Trunk Railway Company. 
 
 IN WITNESS whereof we have hereunto set our hands 
 this twenty-first day of April one thousand eight hundred and 
 fifty-six. 
 
 Signed, published and V - 
 delivered in presence of / 
 
 WILLIAM KINGSFORD. 
 
 ALEXANDER M. ROSS. 
 
 JAMES C. STREET. 
 
 
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 20 
 
 Agreement. Dated August 30th, 1856. 
 
 
 THIS indenture made the thirtieth day of August, in the 
 vear of our Lord one thousand eight hundred and fifty-six. between 
 t'he Mayo^, Aldermen and Commonalty of the Cty of Toronto of 
 the first pit, and the Grand Trunk Railway Company of Canada 
 of the second part • 
 
 WHEREAS by certain articles of agreement bearing date 
 th*- twenty-first day of January in the year of our Lord one thousand 
 eXhundred and fifty-six, ind made between the said parties 
 hereto of the first and second parts, after reciting a cert^n con-, 
 tract made between the said parties hereto of the first part, and 
 certain parties doing business together under the firm of C. b. 
 Gzowski & Co.," for the construction of an Esplanade m front ot 
 the City of Toronto, according to a certain plan or specification 
 to the said contract annexed, and that the said parties hereto of 
 the first part, had declared said contract at an end, it was agreed 
 among olher things that the claims of the said^C. S. Gzowski & 
 Co. shouldbe treated as claims by and on behalf of the said 
 parties hereto of the second part, and shall be referred to arbitra- 
 tion as in the said agreement is mentioned and set forth. 
 
 AND whereas the arbitrators therein mentioiied made their 
 award of and concerning the matters thereby referred to them, 
 which award is to be and remain in full force and vutue, notwith- 
 standing the execution of these presents, 
 
 AND whereas in a certain other portion of the said agree- 
 ment, it was provided that the said parties hereto of the second 
 part should construct a railway track or way forty feet m width 
 along the front of the said City of Toronto, according to a plan 
 and specification thereto annexed, and upon certain terms there- 
 in set forth, and that the said parties hereto of the first part for the 
 consideration therein mentioned should guarantee to the said parties 
 fof the second part the exclusive right of way for the said forty 
 feet track according to the line upon the said last mentioned plan 
 laid down. 
 
./■ 
 
 AND whereas since the execution of the said last mentioned 
 agreement, it has been discovered that aj. ^JJ^^^^^^.'^JPl 
 Stine the said RaUway Track of forty feet and that the said 
 Ss of t"e first part had not the power to a«thonre any su^ 
 Wion of the saidforty feet track, and it has been agreed be- 
 S^them to cancel the said agreement of the twenty-first of 
 Umm one thousand eight hundred and fifty-six, so far as re- 
 C^the construction of the said forty feet ttack and the guax- 
 IStee of the right of way thereon, and to substitute these presents 
 therefor. . 
 
 NOW this indenture witnesseth thatUhe said parties of the 
 second part do hereby for themselves and their successors cove- 
 ^HrWise and agfec to and with the said parties of the first 
 f,*Uieir successors and assignsj in manner foUowmg, that is to 
 
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 First That for and in consideration of the Sum of seventy 
 thouS^ pounds of lawful money of Canada to be paid to them 
 2'hereSXr set forth, they, the said Pi^ie« ^Mhe ^ l^, 
 »K»iianrl will forthwith commence and proceed with the con- 
 Sin^n o7the Splanade in front of the City of Toronto upon 
 Se originally designed and laid down upon ^i^^n/e/f" 
 patent ofXt to the said City of Toronto of the Water I^tsm 
 Ct therSf, between Berkeley Street and Simcoe Street in the 
 Sd Ci^ of To^^^^^^ date the twenty-first day of Janu- 
 
 St in Ae year of oir Lord one thousand «ght hundred and 
 fortv and Sh line is marked out and designated on the plan 
 hereiiT^amexed, which plan is to be taken as part of this con- 
 SSand^m Simcoe Street to Brock Street on the Ime laid 
 t^ ^ the Sd plan hereto annexed and accordmg to the speci- 
 So^hereto also annexed, so soon as the said parties of the 
 fiSo^S^ve possession of the land neces^ for the con- 
 ctnir?^ th«e5f to the said parties of the second part, and also 
 Sf S^drievel and make^^the sixteen streets leading thereto 
 S^thTreJ^orSng to the said plan and specification, and 
 S^Ud and^onstruct the four sewei^ in the said specification al^ 
 mentioned according to the said plan and specification, and that 
 Se whok of the said works. Esplanade, streets, and sewers shall 
 le fully completed in every respect, according to the said plans and 
 ^edfiLS on or before the first day of D^e^ber, m the year 
 S Lord one th6usand eight hundred and fifty-seven. 
 
 Second. That in Ihe construction of the said Esplanade Mid 
 
 . othAwc^ks hereinbefore mentioned, they the said iparties of ^ 
 
 ^condpart, shall and will find and provide all materials^ neces- 
 
 ^ for the constmction thereof, and^fhat all such matends sh^l 
 
 K the best kind.of tbeir various sorts, and that the whole of 
 
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 the works hereby contracted for shall be completely finished with- 
 in the time above limited in a good workmanlike and substantial 
 manner, to the entire sati^action of the Chief Engineer of the 
 said parties of the first part for the time being. 
 
 Third. That during the construction of the said works they^ 
 the said parties of the second part shall not nor will unnecessarily 
 obstruct or interfere with or suffer or permit to be obstructed or 
 interfered with, the approaches from the said City of Toronto to 
 the wharves and piers in front theireof, and shall and will main- 
 tain and keep when required such temporary approaches thereto, 
 as the said Chief Engineer may deem requisite for public «rfety, 
 with at leist two lights bumingi. at night to each approach, ^nd 
 shall and will until the said four sewers are completed and fit for 
 use, make proper provision for the escape of stagnant water ?nd 
 the sewerage of the City of Toronto. 
 
 Fourth. And also that they the said parties of the second 
 part shall and will when the earth shall have been excavated by 
 them under this agreement to the southern limit of Front Street 
 as laid out on the said plan, finish the same wit^ a slope of one 
 foot and a half horizontal to one foot perpendicular. 
 
 "Fifth. That atftheiwOrk done and performed by the said 
 parties of the second part under this agreement, shall and will 
 continue and remain durable and in good order and condition 
 for the space of one year from the completion of the same by the 
 'said parties of the second part, and the acceptance of the same 
 by the said parties of the first part, which acceptance shall take 
 pliace wheAever the said works are finished to the satisfaction of 
 tlve Chief Engineer of the said parties of the first part for the time 
 being, and that if it should happen that the said Esplanade and 
 other works should not be constructed and completed as afore- 
 said through or by means of any neglect or default of the said 
 parties of the second part or of their workmen or servants itf the 
 performance of the work so contracted to be done, executed and 
 performed as hereinbefore mentioned, then that the said parties 
 of the second part and their successors, will and shall forfeit and 
 pay unto the said parties of the first part, their successors and 
 assigns, the «um of one thousand pounds lawful money of Can- 
 ada for each aJnd every calendar iponth which shall be taken up 
 in finishing or completing the said Esplanade and other worl^ 
 according to the said plan and specification after the said first day 
 of December in the year of our Lord one thousand eight hun- 
 dred and fifty-seven, such forfeitures to be retained and deducted 
 out of ^^o much of the said sum of seventy thousand pounds as 
 for th^ time being shall remain unpaid. 
 
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Sixtfi. That they the said parties of the second part, shajl and 
 -JU well and truly pay or cause to be paid to the said partffes of 
 the first part the sum of ten thousand pounds of lawful money 
 af6resaid for a right of way of forty feet in width over, upon, and 
 albne the southern or front line of the said Esplanade as laid down 
 on the said plan, arid^bichsaidtra^^ 
 for Railway purp^!stan^wWcfrsSiuT>uinsTiaIlTJB pJUU lu tne 
 ,^(^S^3^gf^t.0n!keik^ part upon the completion of the said Espla- 
 nadeWording to the terms of thiscontract and the guaranty of 
 the said right of way to the said parties of the second part Pro- 
 vided always, that before the said work or any part thereof shall 
 be commencedLor proceeded with, a schedule of prices by which 
 the monthly estimates hereinafter mentioned shall be governed 
 shall be agreed upon between the Engineers of the j)arties hereto 
 of the first and second parts, which said schedule shall be based 
 UDon the quantities of work to be performed, and the said price 
 or sum of seventy thousand pounds, it being expressly agreed and 
 understood that such schedule and estimates thereon based axe 
 only for the purpose of guiding the Engineer in forming the 
 monthly estimates and are not to be held or taken in any respect 
 to alter or vary the contract. 
 
 *, 
 
 Seventh. And the said parties of the first part do hereby 
 covenant, promise and agree to and with the said parties of the 
 second part, that they the said parties of the first part shall and 
 will upon the execution of these presents forthwith give posses- 
 sion of the land upon which the said Esplanade is to be built, 
 according to the said plan, to the said parties of the second part 
 «and upon payment of the said sum of ten thousand pourids as 
 aforesaid, they the said parties of the first part shall and wil 
 guaranty to the said parties of the second part the exclusive nght 
 of way of the same width from Brock Street westward over, upon 
 and across the Station ground of the Ontario Simcoe^and Huron 
 Railroad Union Company to the Queen's Wharf on the line laid» 
 down on the plan hereto annexed free of charge to the said 
 parties of the second part except the expense of preparing the 
 same for a Railway Track, which 4s to be at the expense, cost 
 and charges of the said party of the second part, md also that 
 they the said parties of the first part shall and will hold harmless 
 and indemnified the said parties of the second part of, from^and 
 against all claims and demands whatsoever of all persons whom- 
 soever for or by r^on or arising out of thi' construction of the 
 saidEsplanade,orof the works hereby contracted to be performed 
 under this agreement It being expressly declared and agreed by 
 and between the parties hereto, that the said parties of the second 
 pait shall not for any reason whatsoever be subjected to the pay- 
 inentofa larger sum than ten thousand pounds for or on ac- 
 
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 count of the said right of way along the line of the said Esplap 
 nade. ■ ■ ' ■* 
 
 Eighth. And also that they the said parties of the first part 
 shall and will well and truly pay or cause to be paid to the said 
 parties of the second part foy the construction and completion of 
 the said Esplanade and other works hereinbefore mentioned, the 
 sum of seventy thousand pounds of lawful money aforesaid in the 
 manner hereinafter set forth. 
 
 Ninth, That at 1*i% end of each and every month theEngi- - 
 neer of the said parties of the first part shall prepare and furnish ^*^ 
 to the parties of the second part a certificate under his hand of 
 the amount of work done and materials provided for the work 
 hereby contracted to be performed, which said^ certificate based * 
 upon and regulated by the prices in the said schedule agreed 
 upon as aforesaid shi^l entitle the said parties of the second part 
 to ask and demand from the Chamberiain of the said City of 
 Toronto or the proper officer for the time being, an acknowledg- 
 ment' under the corporate seal of the said parties that ninety per 
 cent, of the amount, of such certificate is due and payabl^ by the 
 said parties of the first part to the said parties of the second part 
 with interest after the i^e of six per cent per annum, dfte year 
 from the date of such acknowledgment. 
 
 Tenth. And that the said parties of the first part shall alO 
 wiU pay to the said parties of the second part the remaining ten 
 per cent, the balance of such monthly certificates,* with interest 
 from the respective dates thereof, at the expiration of one year 
 after the whole work hereby contracted to be nerformed shall be 
 completed and accepted by the said parties of the first part. 
 
 Eleventh. And further that in case of the death or absence 
 of the Engineer of the parties of the first part, or there being a 
 » va«ahcy ^n the said office, or if from any other cause whatsoever *" 
 arisipg from the act of the said parties of the first part or their 
 Engineer, the said parties of the second part shall be delayed or 
 prevented from receiving the said monthly certificate for the space 
 of ten days after the same shall be due, it shall and may be law- 
 ful for the Engineer of the said parties of the second part in 
 charge of the works hereby ^tracted to be perfomifed, to pre- 
 pare and furnish an estimate of .the work done and materials 
 provided based upon -the schedule hereinberore mentioned, which 
 said estimatip under the circumstances hereinbefore set forth shall 
 entitle the ^id parties of the second part to ask, demand, and re- 
 ceive from the said Chamberlain or the proper officer, the ac- 
 knowledgment hereinbefore specified as if such certificate had 
 been granted by tha proper officer of the said parties of the first 
 part. . ?!?*_ ^ 
 
 /. 
 
 tfet. 
 
M 
 
 Twelfth. And in case the said Chamberlain or the proper 
 officer as aforesaid shall neglect or refuse for the space often daya 
 after the same has been demanded to deliver to the said parties 
 of the second part or their agent in that behalf the said acknowT 
 kdgment for ninety per cent, of the said monthly certificate* 
 whether such certificates be made by the said Engineer of the 
 said parties of the first part or by the Engineer of the said parties 
 of the second part as hereinbefore provided, it shall and may be 
 lawful for the said parties of the second partto ask, demand, sue 
 for, recover, and receive from the said parties of the first part the 
 said ninety per cent of such certificate as if the same was pre- 
 scnUy payable in cash and notwithstanding anythmg herein con- 
 tained to the contrary. 
 
 Thirteenth. And further that they the said parties of the 
 ' first part shall and wiU suffer and permit the said parties of the 
 second part to excavate the earth on the south side of Front 
 Street as laid down in the said plan and specification, and to use 
 the same free of charge so far as is provided for by the said speci- 
 fication, and that the said parties of the second part may use the 
 cribbing at present sunk to the east of Simcoe Street also free of 
 charge as they may think best, and further that they may also 
 make use of the materials provided under the former contract for 
 the purposes of the said Esplanade and now in the possession or 
 under the immediate control of the said parties of the first part, 
 the said parties of the second part paying therefor such prices or 
 n^tes aj( are mentioned in the said specification. 
 
 ^ AND it is hereby mutually agreed between the said parties 
 h^to, and it is the intent and meaning hereof that the plans and 
 specifications hereto annexed and referred to in the foregoing 
 agreement shall be incorporated therewith, and shall be taken and 
 considered for all purposes whatsoever as part and parcel thereof 
 in all respects whatsoever. 
 
 AND lastly for the performance of all the covenants aJia 
 undertakings herein contained on the part of the said parties pf 
 the second part, they, the said parties of the second part bind 
 themselves and their successors to the said parties of the first part 
 and their successors in the sum or penalty of one hundred thou- 
 sand pounds of lawful money aforesaid, and for the perform^ ce 
 of all the covenants and agreements herein contained on the part 
 of the said parties of the first part, they, the said . parties of the 
 first part bind thettiselyes and their successors to the said parties 
 of the second part an<l their successors in the sum or penalqr of 
 one hundred thousand pounds of lawful money aforesaid. , 
 
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 IN witness whereof the said parties have hereunto set their 
 corporate seals, the day and year first above written. 
 
 Signed, sealed and de- ) 
 livered in presence of j 
 
 C. GAMBLE. 
 
 W.SHANLY, 
 
 JOHN BEVERLEY ROBINSON, , -^ v 
 Mayor of the City of Toronta | Seal. I 
 
 JOHNROSS, f"^. 
 
 President G. T. R. Co. of Canada. | Seal. I 
 
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 ft 
 
 Bpeciflcatlon for the Oonatruotlon of the EAplanada 
 
 The Esplanade as laid do^.i in the grant by the Crown of 
 certoin Water Lots io the City of Toronto, bearing date the aist 
 February 1 840, is to be bounded as follows :— 
 
 First Commencing on the west line of Simcoe Street pr<y- 
 duced at a point 600 feet distant from the north side of Front 
 Street, a line is to be run eastwardly parallel to Front Street, ti l 
 it sirikes the west line of Bay Street produced. ^ 
 
 SecondL^ Commencing on the west line of Berkeley Street 
 oroduced at a point 6ao feet from north side of Palace Street, a 
 line is to be run westwardly parallel to Palace Street, till it strikes 
 the west line of wesl^Market Street produced. 
 
 Third. From the intersection of Esplanade line No. i witlv 
 the west side of Bay Street and of line No. a with east side of 
 West Market Street, line No. 3 is to be drawn. ^ 
 
 These three iines form the frontline of Esplanade, as laid 
 down in the patent from the Crown above referred to. 
 
 The rear '''ne is to consist of three*similar and parallel lines 
 correspo'hding to Nos. 1, 2, and 3 r^ctively, and distant ,froiii 
 them northward exactly 100 feet 
 
 System of Oonstmction. 
 
 The Esplanade is to be enclosed from the Bay by a breast- 
 work of cribwork, the front Une of which is to be identical with 
 I 2. and 3 above described. This breastwork is to be from i if 
 to 12 feet in width below water level, and about 9 feet wide 
 above water, 
 
 The remainder of the work is to be formed by an earthe 
 embankment, the rear line of which on top is to be 100 fe 
 from and parallel to the face of the cnbs. The embankment 
 have a back slopeof about two feet horizontal to one foot 
 pendicular or whatever inclination the sort of material used 
 np^iTftil y take. '^^ 
 
1 
 
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 I 
 
 f 
 
 18 
 
 The ))iijght of the Esplanade if to be the Mme M that fixed 
 in the contract between the City and Cizowtki & Co. of ist Janu- 
 ary, 1854, vu.;four feet and six inchei above the water level of 
 7th October, 1853. • 
 
 The breastwall enclosing the Esplanade from the Bay is. $t 
 already statedio be of timber cribwork filled with stone cott- 
 structed*as follows : — , • , 
 
 CRIB WORK.— Underneath the water and to within one 
 foot of the surface (at datum level) the cribs are to be in lengths 
 of from 24 feet to 33 feet as may be found most convenient In 
 width from out to out they are to be 11 feet where the soundings 
 are 8 feet and under. In soundings over 8 feet the width to be 
 increased to i a* feet (vide plan "A" attached hereto). 
 
 
 The cribs are to be composed of front, back and end (:oui«es 
 of square timber about laxia laid evenly one upon the other, each 
 course to be framed together at the comers by a simple dovetail 
 joint as shewn on the plan. " ,^^^ 
 
 ~ , . . • ' ' ^ °.S9f\' ,. . 
 
 Cross ties binding each opposite course of si^e tifn1>ers to 
 one another are to be framed in at intervals of about 8 feet from 
 centre to cen^ and to be cut long enough to admit of their 
 projecting about one inch back and front beyond the faces of tha^^j^ 
 cnbi. 1^^ 
 
 These ties (to be about 10x10) are to be dovetailed into the 
 side timbers in such manner that each one will set half its thick- 
 ness into the course below and as much into that above it, and 
 they are to be so spaced as that-those in alternate courses shall 
 come directly over one another. 
 
 When the under water cribs have been sunk, filled with 
 atone, and some time allowed for them to settle down, the super- 
 structure is to be carried up as follows : 
 
 Instead of the cribwork being in short detached lengths as 
 below water, it is to show a continuous unbroken facing of tim- 
 ber ; the front and rear pieces should be in lengths of from 30 to 
 33 feet, (12x12) the first course on front being so lajd as to have 
 Its scarfs about midway of the foundation cribs, and its under side 
 .framed to fit upon the dovetailed ties of their upper courses. 
 (Vide plan "A.") 
 
 The width of the superstructure is to Jje but nine (g) feet 
 the point courses are to form a plumb face with the foundation 
 cnbs, but the rear ones are to be set in upon them a distance 
 
 > ■ 
 
fl 
 
 i»u.l to the iilfmnn httwtm the wMth of the founditure 
 (SSJh ml, be varTiibl.) .nd the ii«d width of the .up««rue. 
 ture. 
 
 Each counc of the .upentrMClion ihould be *ounn%td that 
 the aolrfs or joints .hould break with or overlap thow m the 
 cottiae bilow at least six feet. 
 
 Th« ties of the superstructure are to be framed in on the 
 «me^ tern M those b^ow water half and half into each counje. 
 SST musH c"t off flush with the front The last courw i. <n^ 
 to consi»\ of the front timber, the back timber and tics being left 
 out THis coping course is to be firmly pmned or spiked to the 
 Sirses below, and is intended to retain a a)ating of coa«e , 
 gravel or smaU stone, which is to form the finish of the cnbwork. 
 
 Trenails two inches in diameter «^d two feet six^inchjj. long 
 are to be driven through the courses of timber at the foUowmg 
 points : — ° 
 
 'in the said timbers of foundation cribs there are to be two 
 in each space between the cross ttes, each one distant from the 
 newest tTor from the angle joint, fifteen inches to twe«^^"« 
 inches. There are also to be three in each course of end t mberj 
 two placed as above stated with regard to the angfe jomu, and 
 one in the middle. 
 
 ' In the superstructure the same proportion of trenails to be' 
 used^ in cribs below, and in the same relative positions m front 
 and back courses. 
 
 ^ The trenails are to be at least two and a half feet long so « 
 to oass clear through two courses and a few inches into the third 
 oTand tSe holesV them should be b-ed jo fax to^ne s.^^^^^^^^ 
 the other of the positions above assigned them as will ensure 
 Sose in each pro^essive course from interfering with or cutting 
 those in the courses beneath. 
 
 Pine and hemlock timber will be preferred for all the work, 
 but black Si. elm or oak will be admitted as ties below the 
 water The Superstructure must be all of white pine ^d the 
 timber used throughout of whatever denomination must be per- 
 fectly sound and of approved quality. 
 
 The side and end timbers should average about twelve (la)- 
 inches square, but may vary between lo and 13 to suit sound«^s^_^ 
 The ties generally should be about 10x10. > v 
 
 The trenails are to be of young thrifty White oak or black 
 dm, and sound seasoned timber. 
 
 
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 luperatructure must be 
 
 80 
 
 The workroanship of the cribs and 
 well and carefully executed. 
 
 In the former the bedi of the tide and end timbcm muit 
 be hewn to a* to give them full and even bearings one upon tHe 
 other throughout. The dovetails are to fit closely and acci- 
 rately. r 
 
 The shoulders ofthe ties to be brought up snugly to the 
 back of the timbers, and the undcniidc of the dovetails thcii- 
 selves must be smoothed off so as to be parallel with their upb^ 
 sides. ^<K ^ 
 
 * The front courses of the superstructure must be well and 
 truly countcr-hcwn, and any irregularities that may exist in the 
 relative levels ofthe cribs beneath must be so adjusted in laying 
 the first and second courses of the superstructure, that all the 
 following courses will present level uniform beds. The face is to 
 be carried up plumb and in true line, the end^'of the ties beinff 
 dressed off smooth with the face of the work. 
 
 V ,7^ ^^'jf'* ^hen ""n't in their places and filled with stone 
 should be allowed to stand for some time before commencing 
 the wpper work, in order that they may settle down and come to 
 their bearings before having to receive th^jveight of the suoer- 
 structure. > < , *^ 
 
 In sinking the cribs care must be taken to bring them as close 
 up to one another as possible, the greatest space between.any two 
 cribs should not exceed sbi inches. ? 
 
 STONE FILLING.-The cribs afe to be sunk in their 
 places by being filled with stone, to retain which below, a gril- 
 lage or floor of square or flatted timber may be laid transversely 
 on and notched into the first back and front courses of the-cribi 
 Ihese floor timbers nt xl not exceed 40x10 in sectiSfiT^nd wiU 
 only require to be laid close enough side by side to prevent the 
 stone from falling through. . 
 
 , Once a crib is fairly in its place it is to be filled as compact- 
 ly as possible with stone thrown in loosely. An intermixture of 
 small stone with the large will be preferred as likely to insure 
 greater solidity. „ 
 
 • _ ■ f^ ■ . ■ 
 
 ^ The fining of the superstructure should be done with some 
 attention to packing, and all proper means taken to render it as 
 close and solid as such kind of work can be made. 
 
 The top of the superstructure is to have a coating of coarse 
 g>ave l or sm a ll stone about one foot in d e pth and nine feet wide. 
 
 
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 EARTHWORIC— The emUnkment in reor of tht cribbing 
 .hould be atrricd up at l«Mt lix inche. higher than tht rop.ng of 
 Sc breastwork to alU for .ub.idence as the contracton^r the 
 work Will have to make good any defiacncy "'«»"B f^" )JjJ 
 cause for twelve month, after the completion of the work. The 
 rear line of the embankment on top .» as l.eforc stated to be .<» 
 feet from the face of the cribwork. and the back slope to be of 
 
 whatever angle the material will naturally tae. 
 
 At the rear of the embankment will be entirely ""P[ot«f»<;5 
 from the action of the water, the contractors will, not be heW 
 Uable for any slides that may take place after the e^'ph work has 
 once been finished to its proper width and slope, and the whole 
 work delivered over to the Corporation. 
 
 STREETS.— From Brock Street to Ber!.eley Street incju- 
 tive there are to l)c sixteen streets graded so as to connect the - 
 Esplanade with the natural shore of the Bay. ' 
 
 Brock St., Peter St. and John St., will have to b« g^f^ef to 
 the form of indined planes of no greater degree of inclmation 
 than one foot rise in sixteen and a half feet horizontaL 
 
 All the other streets will be formed by lev^embankments of 
 corresponaing height to the Esplanade and* cxtendmg from its 
 S^"S^ to junction with the several streets as they now slope 
 down to the water. 
 
 The width of the street planes and embankments « ^^ 
 sixty-six feet with side slopes of one and a half hortxontal to one 
 foot perpendicular. . 
 
 As in the case of the EspUnade embankment, the a>ntnu> 
 tor is not to be held liable for the sliding of the earth under the 
 ISion of the water, once the streets have been properly graded. 
 
 The contractors are to have the right of using for the, em 
 bankments free of charge, all the spare material now^remainmg 
 ntTth*. ritv Water Lots. By spare material is meant whatever 
 Aere maX le^aft^^^^^^ to complete the fiUmg of 
 
 Se CHytw ilw^^ Bi^k'S^eet and the P«^H\™e«^B"'»<^?S 
 Front Stieet being calculated for loo feet m width with a slope 
 
 along the face of the bank of one and a half to one. 
 
 ^ The contractors will li expected to excavate^all the materi^ 
 they can. so to obtain to a t6lerably even line, but will not \>c rc-^ 
 quired to make the slope. 
 
 SEWERS.-Four sewers are to be con?truCted acrws Ac 
 
 Esplanade so as to discharge |hrough the cnbwork into the B^y, 
 
 SS^'S of construction of these sewers to be as represented on 
 
 ; I 
 
 H 
 
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 li 
 
 
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 •,* 
 
 
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 4.' ^^1^ 
 
i 
 
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 rf - 
 
 f: 
 
 
 V^JJ 
 
 ■ 92 . 
 
 the plan attached (marked "B.") They are to have an area or 
 "water way" of something over ij square feet, and their flow to 
 be 18 inches below the datum level of the Bay. 
 
 These sewers are to be of stone or brick masonry arched 
 and laid in cement mortar. The position of three of them is fixed 
 as follows : — 
 
 of 
 
 First At Brock St., the sewer to extend from front line 
 
 Esplanade to within 40 feet of centre of Front St. 
 
 I- 
 
 Second. At Simc^ St, the sewer to extend from front line 
 of Esplanade to within 1 80 feet of centre of Front 
 
 Third. At Nelson or East Market Street the sewer to ex- 
 tend from front of Esplanade to a point in the centre of the 
 street on a Ime with the extreme rear of the City Hall buildings. 
 
 And number 4 sewer may be at any other of the streets be- 
 tween Brock and Nelson Streets that the Gity authorities n»ay 
 
 ^oose to direct* and is not to extend further north from the 
 front of Esplanade than to within 180 feet of centre of Front 
 Street as referred to in connection with the sewers is assumed as 
 xoo feet .wid& . _ ^ 
 
 ^ As some portions of the sewers will have to be built 'bn the 
 fr^h embankments of the streets the contractors are not to be re- 
 quired to construct them until all the other parts of the work shall 
 have been completed in order that the earth may have time to be- 
 come solid andcompact Proper provision to be made for the 
 escape of the stagi^ant water and sewerage. 
 
 ^ Any pf the timber or stone provided under the original Es- 
 planade contract and now in possession of the City CouncU h to 
 betakoi by the contractors at the prices at which they were 
 diajged to the City m the award of Messieurs Ross, Keefer, and 
 btreet, provided such pnces can be ascertained ; if not, at such 
 jmces as may be arranged between the Engineers of the parties 
 Of the first and second part -* • 
 
 The framed portions of the timber above referred to, to be 
 iwed in the work in accordance with the specification attached to 
 the ongmal cdntract, anything in the present specification to the 
 contrary notwithstanding. ^ ^^^ ^ 
 
 ^ The cribs now sunk east of Simcoe Street are to be consid- 
 ered tiie property of the contractors without chaige, and may be 
 moved out to the new line of Esplanade as now adopted, or 
 allowed jo remain where they now are, and new cribs suiAon the 
 amended line as the contractors may deem best 
 
 L:,.J:iii 
 
 
 bj 
 
 
88 
 
 The cribbing now built between Brock and Simcoe Struts 
 
 • \!o;f nn« is except as regards any repairs required; 
 
 "^ r.n2i« to Hon; by the ^ntt^tors. aid the earth fiUin| 
 
 Str^^ti^ c^S to the required level to the width o! 
 
 too feet from front line of cnbbing. 
 
 No cribbing is to be built within any existing enclosures, 
 where thSf is at present solid earth-filling or permanent cnb-woA 
 filWwSh stone Sready laid down, any deficiency of embank- 
 S^y S sidi enclosures, to be made up by cont«icto« 
 Wt exteSof Esplanade width, that is to say one hundred feet^ 
 on top. 
 
 The whole of the work to be completed in the most satis- 
 factonr and workman-like manner, and any slips, slides, or other 
 defS ?n the embajikments arising during the course of con- 
 smSoi to^ repaired and replaced by the Grand Trunk Com- 
 ply; SdAe whole to be delivered up perfect and complete. 
 
 The Grand Trunk Company being held responsible fw the 
 stabiliw of the whole Esplanade Street approaches and sewei^ for 
 a^riS of 12 months after the same is or are finally completed. 
 
 Witnesses, 
 
 G. GAMBLE, 
 W.SHANLY, 
 
 JOHN B. ROBINSON, . ^ 
 
 Mayor. 
 
 JOHN ROSS, 
 
 President G. T. Railway. 
 
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 iiVi 
 
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 84 
 
 Indenture of Baj^ain and Sale. 
 Dated leth November, 1859. 
 
 THIS INDENTURE, made the i6th day of November, in 
 the year of our Lord one thousand eight hundred and fifty-nine, 
 between Casimir Stanislaus Gzowski and David Lewis Macpherson 
 of the City of Toronto, Esquires, of the first part, Maria B. 
 Gzowski and EUzabeth Sarah Macpherson, wives respectively of 
 the said parties of the first part, of the second psut, and the Grand 
 Trunk Railway Company of Canada of the third part 
 
 WITNESSETH, that the said parties of the first part, for 
 and in consideration of the sum of thirteen thousand pounds of 
 lawful money of Canada, to them by the said party of the third 
 part in hand well and truly paid, at or before the sealing and 
 delivery of these presents (the receipt whereof is hereby acknow- 
 ledged,) have granted, bargained, sold, released, conveyed and 
 confirmed, and by these presents do grant, bargain, sell, release, 
 convey and cpnfirm unto the said parties of the third part, their 
 successors aiid assigns, all and singular that certain parcel 
 or tract of land and premises, situate, lying and being in the City 
 of Toronto, in th^ County of York, and Province of Canada, con- 
 taining by admeasurement five acres (part covered with water) 
 more or less, which said parcel or tract of land and premises is 
 butted and bounded or may be otherwise known as follows ; that 
 is to say, being composed of a Water Lot on the bay shore on the 
 east side of Peter Street, iij the said City of Toronto, commencing 
 on the eastern limit of Peter Street produced, and on the south- 
 erly limit of a parcel of land in front of the City of Toronto, 
 granted to John Beverley Robinson and others in trust for a 
 public walk. .Thence easterly following the said southern limk 
 of the said parcel of land two hundred and fifty feet Then, 
 south sixteen degrees, east fifteen chains, more or less, to a line, 
 dnam from the old French Fort to Gooderham's Wind Mill. 
 Then*^outh sixty-five degrees west, two hundred and fifty feet 
 more or less to the eastern limit of Peter Street, produced. Then 
 north sixteen degrees, wes|t,fifteen chains more or less, to the 
 place of beginning. Excepting thereout that piece or parcel of 
 land situate on the east side of Peter Street, produced, south of 
 Front Street, butted and bounded as follows : commencing on the 
 
 ■-i 
 
86 
 
 eastern limit of Peter .Street, produced, and on the southerly limit 
 of a certain parcel of land in front of the City of Toronto, granted 
 
 to John Beverley Robinson and others in tr^st for a public walk. 
 Thence easterly following the said southern limit of the said parcel 
 of land ninety-five feet. Thence south sixteen degrees, east two 
 hundred and twenty-nine feet. Thence parallel to the said 
 southern limit of the said parcel of land, ninety-five feet to the 
 eastern limit of Peter Street, produced. Thence north sixteen 
 degrees west, along the said eastern limit, north sixteen ^degrees 
 west, two hundred and twenty-nine feet more or less to the place 
 of beginning, containing by admeasurement- half an~acre more or 
 less. 
 
 TOGETHER with all and singular the houses, outhouses, 
 edifices, bams, stables, yards, gardens,, orchards, trees, woods, 
 underwoods, fences, ways, waters, water-courses, lights, liberties, 
 privUeges, easements, profits, commodities, einoluments, heredt- 
 taments, and appurtenances whatsoever, to the said parcel or 
 tract of land and premises belonging or m anywise appertaining, 
 or therewith demised, held, used, occupied and enjoyed, or taken 
 or known as part or parcel thereof; and also the reversion or 
 reversions, remainder and remainders, yearly and other rents, 
 issues and profits thereof, and of every part and parcel thereot ; 
 and all. the estate, right, title, in^erest,^ inhentance, use, trust, 
 property, profit, possession, claim and demand whatsoever, both 
 St law and in equity, of them the said parties of the first part, m, 
 to. out of; or upon the said lands and premises, and every part 
 and pkrcel thereof, with their and every of their appurtenance s ; 
 to have and to hold the same lands, tenements and hereditaments, 
 and all and singular other the premises hereby conveyed, or in- 
 tended so to be, with their and every of their appurtenances, unto 
 the said parties of the third part, their successors and assigns, to 
 the^ole and only use & the said parties of the third part, their 
 successors and assigns for ever. Subject, nevertheless to the res- 
 ervations, limitations, provisoes, and conditions expressed in the 
 • original grant thereof from the Crown. And subject to the pay- 
 meht oft certain Mortgage made to one Albert Fumiss by one 
 • Charles Berczy,forthesum of eightthousandpoundsandinterest, 
 
 on which said l^ortgage there is now remaimng "nP^"! jhe ^«^«; 
 of three thousand pounds with mterest thereon, from the first day 
 of July last, and the party of the third part covenants to pay the 
 said Mortgage and indemnify the parties of the first part of and 
 from any liabUity arising thereunder by reason of the convey^ce 
 to them, and also except an easement granted to the said Albert 
 Fumiss by Indenture, dated the first day of July, one thousand 
 eight hundred and fifty three. 
 
 AND this Indenture further witnesseth, that the said parties of 
 the second part, with the privity and full approbation and con- 
 
 
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 . sent of their said husbands, testified by their being party to these 
 presents, in consideration o( the premises, and alsp in consider- 
 ation of t^e further.sun;i of five shillings of lawful money of the 
 
 - Pit)vince of Canada sioresaid to them by the said parties of the 
 third part in hand well and truly paid a,t or before the sealing and 
 delivery jof these presents (the receipt whereof is hereby acknow- 
 led^,) have granted and relea*d, and by these presents do 
 grant and release, unto the said parties of the third part, their 
 successors and assigns, all dower and all right and title thereto, 
 which they the said party of the second part, now have, or in the 
 eient of surviving their said husbands, might or would liave, in, 
 to, or out of the lands and premiseis hereby conveyed, or intehded 
 
 so to be. » " 
 
 . .. ' •. - 
 
 AND the said pwties of the first part do hereby for them- 
 selves, their heirs, executors and administrators, covenant, promise 
 ; and agree with and to the said parties of the third part, their 
 successors and assigns, in manner following, that is to say-: that 
 for and notwithstanding any act, deed, matter or nhing by the 
 said parties of the first part done, executed, committed, «r know- 
 iijgly or wilfully permitted or suffered to the contrary, they the 
 said parties of the first part now have in themselves good right, full 
 power, imd absolute authority to convey the said Ismd^, and other 
 
 'the premises hereby conveyed or intended so to be, with their ' 
 and every of their appurtenances, unto tbe^id p^i^s of the 
 third part, in manner aforesaid, and according iQ the true intent 
 of these presents : and it ^hall be lawful for the said parties of the 
 third pair, their successor^ and assigns, from time to time and at 
 sdl times hereafter, peaceiaibly and quietly to enter upon, have, 
 hold, occupy, possess and efhjoy the said lands and premises here- 
 by conveyed, or intended so to be, with their and ever^ of their 
 appurtenances, and to have, receive and take t)ie'rents, issues and 
 profits thereof, and of every part thereof to^nd for their use and 
 
 ' benefit, without any let, suit, trouble^ eternal, eviction, interruption, 
 claim or demand whatsoever, of, from, or by them, the said 
 parties of the first part, or their heirs, or any person claiming, or 
 to ctedm by, from, under, or in trust for him, them, or any 6i 
 them : and that free and clear, and freely and absolutely acquitted, 
 exonerated, and for ever discharged, or otherwise by the said 
 parties of the first part, ox, their heirs/ well and sufficiently saved, 
 kept harmless and indemnified of, from and against any and 
 every fbrm6rand other gift, grant, bargain, sale, jointure, dower, 
 use, trust, entail, will, statute, recognizance; judgment, ekecution, 
 extent, rent, annuity, forfeiture, re-entry, and aiy and every other 
 estate, title, charge, trouble, and incumbnmce ^Wiatsoever, riiade, 
 executed, occasioned or suffered by the -said parties of the first" 
 part, or their heirs, or by any person claiming* of to- claim by> 
 fr^. under, or in trust for them, or any of them ; and lastly, 
 
thAt thev the said parties of the first part, their heiirs, executors / 
 oi^^dSstxators, '^d all and every other person whatsoever hav^ / 
 L or claiming, it who shall or may hereafter have or claim any 
 eK riKKL title or interest whatsoever, either at law orm equity/ . 
 S to or ou of the said land^arfd premises hereby conveyed, ^r 
 S ended so to be, or any of them, or any part thereof, by, fmhi, 
 Sr or in trust for them, or any of them, shall and wUl£o« 
 tS.e to time and at all tfthes hereafter upon every reasyblc 
 request, and at the coasts and charge of the said P^'M^^ .f/ ;»^« 
 Soait their successors and assigns, make, do, execute or 
 ^use to be ^ade, done or executed, all such further a«d oth« 
 Sfl acte. deeds things, devices, conveyances and assurances ill 
 tt^whaSi^fo^tLbetterimoreperfectlyand,^^^^^ 
 ' fonveyiiTglmTassuri^^ the said lands and premises ^ereby con- 
 •veyXintehded so to be, and .every P^rt thereof, with thck 
 apUenances,.untothesaadp^^^^^ 
 
 rS^?^S :S<^S^:SrXir ^^uil^el mthe 
 
 ' aw, siallCjeasonably devised, advised or reqmre^^ so as^i^ 
 
 such further assurances contam or.imply any further or oth« 
 
 covenTt or warranty than against the acts and deeds of the pcr^ 
 
 ^n X shall be required to mike or execute the same, and h» 
 
 SsT executors or adipinistrators only, and so as no pe^on who 
 
 Ste required to mke or «ecute. such assur«ices shall ^ 
 
 • coinp^llable, for the making or executing thereof, logo or travel 
 
 ' from his usual place of abode. 
 
 " >*^TN WITNESS wheteof the said parties to t^es? P'^«»«"5 
 . hWe h«eunto set their hands and affixed their se|ls, the day and . 
 year first above wiitten. 
 
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 88 
 
 Deed. Dated May Ist, 1861. 
 
 . THIS INDENTURE, made the first day of May/ in the 
 year of our Ix)rd one thousand eight hundred and sixty-one, in 
 pursuance of the statyte to facilitate the leasing of real property, 
 between the Corporation of the City o(^ Toronto of the first 
 part, and the Grand Trunk Railway Company of Canada of the 
 second part. ^ 
 
 WHEREAS in consequence of the great increase in the 
 business of the said parties of the second part it has become 
 necessary to extend their track accommodation in entering the 
 City of Toronto and approaching the Union Station at the foot 
 of York and Simcoe Streets, and with; a view to such exten^on,, 
 the said parties of the second part have laid down two new tracks, 
 commencing on the eastern limit of the Queen's Wharf as ex- 
 tended northward to Front Street, and moving in an easterly 
 direction under the bank urilik they intersect Peter Street, then 
 southerly, and easterly until such tracks join the main tracks on 
 the esplanade heretofore in use by the said parties of the second 
 part as the same axe laid down in red ink on the hereupon drawn' 
 plan, being feet in length, and forty^fiye feet in width, 
 
 and being. the two northernmost tracks on the said plan. - 
 
 AND whereas such tracks Mve been laid upon land claimed 
 by the said parties of the first part, but who are willing in order 
 to facilitate the business of the said parties of the second part to 
 lease the same to them upon the* terms and for the period herein- 
 after set forth, y. . [ -^ ' ' :■:. 
 
 NOW this Indenture witnesseth that in consideration of the 
 premises and of the rent, covenants, and agreements hereinafter 
 reserved and contained, and which on the part and behalf of the 
 said parties of the* second part are and ought to be paid, kept 
 and performed, the said parties of the first part do lease unto the 
 said parties of the second part and their successors all that cer- 
 tain piece, parcel, or strip of land situate in fi-ont of the said City 
 "2^1^°'^°"*°' e'^tending from the eastern limit of th? Queen's 
 Wharf, produced northward to Front Street, under the bank to 
 Peter Street, and then southerly and easterly until i^ intersects 
 the present line of Railway Tracks to the westward of Simcoe 
 
 % 
 
89 
 
 Street, aa the same are laid down on the plan hereupon drawn 
 and designated by the red lines therein, being about 
 feet in length by forty-five feet in width, and being the two north- 
 ernmost' tracks on the said plan, to hold the same to the said 
 parties of the second part for, one .'year fr»m the first day of May 
 now instant : YieWingjmd paying eight hundred dollars by four 
 quarterly jxiyments of twp hundred dollars each on the first days 
 of the months of August, Novemher, February, and May, neat 
 ensuing the date hereof, and the firSi: payinent of such rent to-be 
 made on the first day of August next' j . 
 
 AND the said parties hereto of the second part, coven^t 
 with the' said parties of the first part, that they will pay rent and 
 taxes and use the said piece or parcel of land hereby demised 
 for Railway Tracks only, and make and preserve proper and safe 
 and sufficient street crossings where such tracks cross any of the 
 public streets of the said City, and shall and will peaceably and 
 quietly give up possession of the said piece, parcel or strip of 
 land to the said parties' of the first part kt the end of the said , 
 term, or at any other time within^ the said term upon receiving - 
 one month's notice in writing sigpM by the Mayor or other pro- 
 per officer of the said parties of the first part, requiring them so 
 to do, and shall and will reraoVe the rails, ties, and all other 
 obstructions therefrom, and repair and make good all the streets 
 or roads broken up or in any way interfered with by the same or 
 the removal thereof. ProVided always that if the parties of the 
 second part shall neglect o^ refuse upoh such notice as aforesaid 
 to give up possession and remove such" rails and ties or other 
 obstructions therefrom, it shalland may be lawful for the said 
 parties of vthe first part after sdch notice as aforesaid to enter 
 upon' the said strip or piece of land .hereby demised, and rerriove 
 the rails, ties, and obstructions, and that without^ any let, hind- 
 rance, interruption or denial of the said parties of the second 
 part or any of theH- officers, men or employes, or any person or 
 persons\'icting for them, and all costs and expenses incurred by 
 the said parties of the firSt part in removing suc^ rails, ties or 
 obstructions, and making good and repairing the said rbads ^r 
 streets shall be.bome and paid by the' said, parties of the second 
 part on demand thereof. ' 
 
 AND the said parties of the first part hereby covenant 
 and. agree with the said p?tfties of the second part, for quiet 
 possession. . " <# 
 
 PROVIDED always that the execution of these presents 
 by the said parties of the second part and the payment of the 
 rent hereinbefore covenanted to be paid by them shall not be 
 taken or considered an acknowledgment by the said parties of 
 
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 the second part, that the said parties of the first part are the 
 absolute owners of the whol^ of the strip or piece of land hereby 
 leased ; but these pre^nts are executed by all parties reserving 
 to themselves their legal and equitable rights, whatever they may 
 be, and without intending to prejudice the same. 
 
 IN witness whereof the said parties to these presents have 
 hereunto set their corporate 8eate»the day and year first above 
 written. 
 
 Signed, sealed and de- ) / ' 
 
 livired in the presence of / 
 
 M. B. HICKS,^ 
 Witness to execution by City, of Toronto. 
 
 J. G. BOWES, 
 
 Mayor. 
 A.T.MCCORD, 
 
 Chamberlain. 
 
 f Seal of City 
 ( of Toronto. 
 
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 41 
 
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 Walkfl andGftu-denB wiit of R^s' liot. For Patent 
 obveHng this Lot gee Appendix "A." . 
 
 Agreement i)ated December 3rd, i862. 
 
 **• ■ 1 ■ ——-^•. ■ ^' 
 
 TrilS AGREEMENT, made this third day of Decemkr in the 
 year of our Lord one thousand eight hundred and sixty^Vo, by 
 and between the Corporatfon of the City of Toronto, of the first 
 part, and the Grand Trunk Railway Company of Canada, of the 
 second part. 
 
 WHEREAS for the purposes of their Station, Station 
 grounds, &c, the Grand Trunk Railway Company of Canada re- 
 quire all that part of the property known as the Walks and 
 dirdens in the City of Toronto, situated south of Front Street, 
 west of the Rees' property next Simcoe- Street, and e^t of Peter 
 Street, and extending south to the northerly general Ime of the 
 Water Lots, on the Bay, in front of tlie City of Toronto, and con- 
 fining about six acres ^f land more or Ifess. And whereas, the 
 said Company under the provisions of the^ Statutes m that 
 behalf, after making and filing their plans and Book of reference, 
 and giving notice as required by the Rail\*ay Clauses Consolida- 
 tion Act, did apply to the party hereto of the first part, to pur- 
 chase the said property for the purpose aforesaid, and did oner 
 the said party of the first part for th?, fee simple of the said lands 
 the sum of four thousand and five hundred pounds upon the 
 ' terms, that the party of the first part should give the party of the 
 second part a deed in fee, and should for the said consideration 
 money, take a mortgage, conditioned that the said purchase 
 money shall remain in the hands of the party of the second part, 
 so long as they, the party of the second part pay the interest on 
 the said purchase money at the rate of six per cent, per aJ^num, 
 the payments of the interest to be made half yearly. And that 
 if the payment of interest shall remain at any time one calendar 
 month in arrear, the party of the first part be at liberty to enforce 
 payment of the principal money if they shall think ^ptoper, the 
 said interest to commence from the date of such deed of convey- 
 ance. 
 
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 AND whereas, the said party of the first part did in due 
 -form accept the said offer with the following modification, that 
 is to say, that the rate of interest shall Im seven per cent per 
 annum, instead of six per cent., and that the deed of conveyance 
 shall not be signed by the Mayor until the award shall be made 
 on the compensation to be made for filling north of the Espla- 
 nade, and that in the mean time the party of the second part be 
 allowed to proceed with their works upon this understandmg e)c 
 touted in writing. 
 
 AND whereas the said Company, the parties hereto of the 
 second part have signified their acceptance of the said modifica- 
 tions and are willing to take the lands on the terms aforesaid. 
 
 THEREFORE, this indenture witnesseth that the party of ' 
 ^Ke firut part for the consideration aforesaid, and on the terms 
 above recited, hereby agree to sell, and do sell the above de- 
 scribed lands and tenements and to convey the same to the said 
 Company in fee simple free from incumbrances. And the said 
 party of the second part hereby agree to accept the said title, and 
 give the said mortgage on being thereunto requested by the said 
 party of the first part, and that they will pay interest from the 
 date of the deed or their commencing the construction of their 
 buildings thereon whichever shall first happen. 
 
 IT is also agreed that the Company may take possession of 
 the said property as soon as they think proper aher the exe- 
 cution *^pf this agreement And also that the deed to be given 
 shall be the usual deed of bugain and sale and the mortgage shall 
 be the usual mortgage condnioned as aforesaid. "^ 
 
 IN witness whereof, the said parties hereto on the day and 
 year first above mentioned, have hereunto set their corporate 
 seals. 
 
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 Sealed, executed and 
 delivered in presence 
 
 Id) 
 
 or} 
 
 Seal of City ) 
 of Toronto, f 
 
 J. a BOWES, 
 
 Mayott 
 
 A. T. McCORD, 
 
 Chamberlain. 
 
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 43 
 
 Oonveyanqe. Dated November 19th, 1863. 
 Registered December ^Oth, 1863. 
 
 , . ♦ ^ ■ ■■ . _ 
 
 THIS INDENTURE, made this nineteenth day of No- 
 vember, in the year of our Lord one thousand eight hundred and 
 sixty-three, by and between the Corporation of the City of ro- 
 ronto, of the first part, and the Grand Trunk Railway Company 
 of Canada, of the second part. 
 
 WHEREAS, for the purposes of their Railway, and foir 
 Station Grounds at^ie City of Toronto, the party of the second 
 part require all the lands hereinafter described : -.^ 
 
 AND whereas, the party of the second part, under the pro- 
 visions of the statutes in that behalf after making and filing thcif 
 plans and book of reference, and givina notice thereof as requircj 
 by the provisions ofthe Railway Act, did apply to the party M 
 the first part to purchase the said property for the purpose afojo- 
 said, and did offer the said party of the first part, for the fee 
 simple of the said lands, the sum of four thousand five hundred 
 pounds, upon the terms that the party of the first part should 
 Sive the party of the second part a deed in fee, and should for 
 the consideration money take a mortgage, conditioned that the 
 said purchase money should remain m the hands of the party of 
 the second part so long as they, the " party of the second part, 
 should pay the interest on the said purchase money at the rate 
 of six per cent, per annum, the payments of interest to be made 
 half yearly, and that if the payment of interest should remain at / 
 any time one calendar month in arrear, the party of the first part/ 
 should be at liberty to enforce payment of the principal money tf 
 they should think proper, the said interest to commence from the 
 date of the said deed of conveyance. 
 
 AND whereas, the said p:^ty of the first part did in doe 
 form of laW accept the said oflTer with the foUowing modificalSon, 
 that is to say : That the rate of -interest shoUld be seven per cent. , 
 per annum instead of sbc per cent., and that t^'edeed of con. 
 ?eyance should not be signed by tlie Mayor until the avard shpuldTy 
 be made on the compensation to be made for filling north of the 
 Esplanade, and that in the meantin^ihe part^of the second part . 
 be allowed to proceed with'their wdrks, upon the said understand- 
 ing executed in writing. ' '_ 
 
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 AND wheceos, the pirty of the lecond part did accept of 
 and agree to the laid mod ificat ions. 
 
 AND whereat, thereupon by deed bearing date, th^ third 
 day of December, in the year of our Ix)rd one thousand eight 
 hundred and sixty-iHM, made by the party hereto of the flrat 
 part of the first part, and the party hereto of the second part of 
 the second part, the party hereto of the first nart for the con- 
 sideration aforesaid, and on the terms of the aforesaid did agree 
 to sell ami did sell the lands hereinafter described, that is to say : 
 All that tract and parcel of land situate in the City of Toronto, 
 %p^ bounded on the north by the south side of Front Street, on 
 the s^ulh by the northerly general line of the Water Lots on the . 
 1 Bay, m front of the City of Toronto, as laid down in the original 
 I survey by the Crown, and on the west by Peter Street, and on 
 the cast by the western limit of the property formerly known as Dr. 
 ftees' ptoperty adjoining Sinicoc Street, and containing six acres 
 m( land more or less, and the party of the first part therein agreed 
 mp convey the said land to the party of the second part in fee 
 %imple, free from all incumbrances. 
 
 / 
 
 AND the said party of the second part thereby agreed to 
 accept the said title, and give the said mortgage on being there- 
 unto requested by the party of the first part, and that they would 
 pay interest from the date of the deed of conveyance, on their 
 commencing the construction of their building thereon whichever 
 should first happen, and also it was agreed ; 
 
 THAT the party of the second part might take possession 
 of the said property as soon as they thought proper after the 
 execution of the said agreement, and that the deed of conveyance 
 to be given should be the usual deed of bargain and sale, and 
 that the mortgage should be the usual mortgage conditioned as is 
 
 above mentioned. . -m-- -^^ ^ - 
 
 m - - 'I 
 
 AND Whereas, afterwards the party of the second part did 
 on the tenth day of January last past, take possession of the said 
 property, and have since that date been under interest, and did on 
 the tenth day of July now last past, pay the first half years' in- 
 terest at the rate of seven per cent., as by the said deed of agree- 
 ment was and is provided. 
 
 AND whereas, the said award in the said agreement men- 
 tioned 'has been made smd has since being rnade, been confirmed 
 by the parties to this Indenture, and it is now desired to have the 
 said deed of conveyance and the said mortgage executed in pur- 
 suance of and on the terms above set out and agreed upon. — — - 
 
 
 
 
 
 
 
 
 
 
 
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I 
 
 40 
 
 THEREFORE thii Indenture witnetteth, thtt in conHider- 
 Ation of the premiMt •bove recited, and in performance of the 
 abovt: mentioned agreement and in puriuance thereof, and for 
 the consideration of four thousand five hundred poundi of lawful 
 money of Canada, to be secured by mortgage as aforesaid and as it 
 above recited, and which purchase money is to he the first hen - 
 and charge upon the said lands as aforesaid. They, the party of 
 the first part have and hereby do bargain, sell, assign, transfer, 
 enfeoff, convey and confirm unto the party of the second part, 
 
 ALL that certain tract and parcel of land and premises sit- 
 uate, lying and being in the City of Toronto, in the County of 
 York and Province of Canada, and more particularly described 
 _ as follows, that is to say : All that tract or parcel of land bounded f ' 
 on thfe north by the south- side of Front Street in the City of lo- I 
 ronto, ort the cast by the westerly line of the profwrty immediately I 
 adjoining the west side of Simcoc Street heretofore known as Dr.J 
 Rees* property, on the west by Peter Street, and on the south byl 
 the northerly general line of the Water l/)t8 as laid down on th^ 
 original survey made by the Crown of the said Water Lots, ancM 
 containing by admeasurement six acres of Ij^nd he the same morel 
 or less, together with all houses. Ways, wat^ and watercourses, | 
 rights, privileges and appurteaances thcreuhto belonging or in any- 
 wise appertaining. ^ ' / 
 
 TO have and to hold thte same and every part thereof unto 
 the said party of the second part, their successors and assigna, 
 to the use of the party of the second part, their successore and 
 assigns, for ever. 
 
 AND the party of the first part hereby for themselves, their 
 successors and assigns, covenant, promise and agree to, and with » 
 the party of the second part, their successors and assigns, in man- 
 ner foHowing, that is to say : That for and notwithstanding any 
 act, deed, matter or thing by the said party of the first part, done, 
 executed or committed or knowingly or wilfully permitted or 
 suffered to the contrary, they, the said party of the first part now 
 have in themseWes good right, full power and absolute authority 
 
 ' to convey the said lands and other the premises hereby conveyed 
 or intended so to be with their and every of their appurteriances 
 unto the said party of the secorid part, in mannef aforesaid and 
 
 " according to the tijue intent of these presents.,. /\ 
 
 AND that it shall be lawful notwithstanding ^ny ^uch act, 
 __ - deed, matter or thing for the said party of the secofTd part, thellr 
 successors and assignj, from time to time and at all tithes here- 
 - after, peaceably and quietly to enter upon, have, hold, occupy, m 
 
 possess and enjoy ^he said lands and premises hereby conveyed W 
 "^ \ or intended so to b ^j- with their and evety of their appurtenances, — 
 
 
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 and to have, receive and take the rents, issues and profits there*- 
 of, and of every part thereof to and for their own use and benefit 
 without any let, suit, trouble, denial, eviction^ interruption, cUum 
 or demand whatsoever of, firom or by them, the said party of the 
 first part. Or their successors or assigns or any person claiming 
 or to claim by, from, under or in trust for them or any of 
 them. * " 
 
 AND that free, attd clear, and freely and absolutely acquit*- 
 ted exonerated and for ever discharged or otherwise, by the said 
 pitfty of the first part or their successors ^d assigns, well and 
 sufiiciently saved, kept harmless and ihdemnified of, from and 
 against any and, every other and former gift, grant, bargain, sale, 
 jointure, dower, use, trust, entail, ^irjlUi^tute, recognizance, judg- 
 ment, execution, extent, rent; ailibufty, forfeittire, reentry, and any 
 and every other estate, titl«i chaise, trouble and encumbrance 
 whatsoever made, executed, occasioned or suffered by the said" 
 party of the first part, their successors and assigns, or by any 
 person claiming or to claim by, from, under or in trust for them 
 or atty of them. ' 
 
 AND lastly, that they the said party of the first part, their 
 successors and assigns, ail^ aUk^nd every other person whomso- 
 ever having or claiming, or who shall or may hereafter have or 
 claim any estate, right, title or interest whatsoever, either at law 
 or in equity in, to or out of the said lands and premises hereby 
 convejred or intended so to be, or any of them, shall and vrm 
 from time to time, and at all times hereafter, upon every reason- 
 able request, and at the costs and charges of the said party of the 
 second part, their successors and assigns, make, do, execute, or 
 cause to be made done or executed, ^1 such further and other 
 lawful acts, d^eds, things, devices, conveyances and assurances in 
 the law whatsoever, for the better, more perfectly and absolutely 
 conveying and assuring the said lands and premises hereby con- 
 veyed or intended so to be, and every part thereof, with their 
 appurtenances unto the said party of the second part, their suc- 
 cessors and assigns, in manner aforesaid, as by the said party of 
 the second part, their successors or assigns, or their counsel 
 learned in the law shall be reasonably devised, advised or required 
 so as no such further assurances contain or imply any further or 
 other covenant or warranty, than against the acts and deeds of 
 the person who shall be required to make or execute the same, 
 and his heirs, executors or administrators, only as no person who 
 shall be required to make or execute snch assurances, shall be 
 compellable for the making or executing thereof to go or travel 
 from his usual place of abode. 
 
 PROVIDED always, that as to such part of the above de- 
 
■ f'-I 
 
 scribed premises as lies between the southern boundary thereof, 
 (otherwise the northerly general line of the Water Lots as above 
 mentiorec') and the top of the bank, the city only conyey-su^ 
 interest as they may have therem under their claim forthe patent 
 thereof from the Government of Canada. And provided further, 
 that nothing herein contained shall authorize or be construed, 
 or taken to authorize the said Company to close up ot interfere 
 with the southern end of John Street running through the said 
 above described premises further than is provided by the RaU- 
 way Act" v 
 
 IN witness whereof the said parties of the first and sectmd 
 parts have hereunto fixed their corporate seal on the day and in 
 the year first above written. 
 
 Signed, sealed and de- 
 livered in presence "' 
 JOHN 
 
 and de- ) 
 of V 
 
 BELL. ) 
 
 Seal of City ) 
 of Toronto. | 
 
 J. G. BOWES, 
 
 Mayor. 
 
 i. 
 
 
 A. T. McCORD, 
 
 Chamberlain. 
 
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 4a 
 
 Mortgage for £4,500. Dated Noyember 19th, 
 
 1803. 
 
 THIS INDENTURE, made this nineteenth day of No- 
 vember, in the year of our Lord one thousand eight hundred and 
 sixty-three. 
 
 BY and between the Grand Trunk Railway Company of 
 Canada, of the first part, and the Corpdration of the City of To- 
 ronto, of the second part. 
 
 ■WHEREAS for the purposes of their Railway and for station 
 grouiids at the City of Toronto, the party of the first part requured 
 all the lands hereinafter described. 
 
 AND whereas, the party of the first part under the provi- 
 sions of the statutes in that behalf, after making and filing their 
 plans and books' of reference, and giving notice thereof as required 
 by the provisions of the Railway Act, did apply to the party of 
 thesecorfd part to purchase the said property for the purposes 
 aforesaid, khd did ofier the said party of the second part for tiie 
 fee simple of the said lands, the sum of fopr thousand five hun- 
 dred pounds, upon the terms that the ^arty of the second part 
 should give the party hereto of the first part, a deed in fee, 
 and should for the consideration money take a mortgage, condi- 
 tioned that the said purchase money should remain in the hands 
 of the party of the first part, so long as they, the party of the first 
 part, should pay the interest on the said purchase money at the 
 rate of six per cent per annum, the payment of interest to be 
 made half yearly, and that if the ' payment of interest should re- 
 main at any time one month in arrear, the party of the second 
 part should be at liberty to enforce payment of the principal 
 money if they should think proper, the said interest to commence 
 from the date of said deed of conveyance. 
 
 AND whereas, the said party 6f,t4ie second part did in due 
 form of law accept the said offer with the following modification,- 
 that is to say: That the rate of interest shouid be seven per 
 cent, per annum, instead of six per cent., ahd that the deed of 
 conveyance should not be signed by the Mayor of said Corpora- . 
 
 
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 tion of the^City of Toronto, until the award should be made on 
 the compensation to be made for filling north of the Esplanade, 
 and that in the meantime the party of the first part be allowed to 
 proceed with their works upon the said understandmg executed 
 m writing. ' , 
 
 AND whereas the party of the first part, did accept of and 
 agree to the said modifications. 
 
 AND whereas thereupon by deed bearing date the third day 
 of December, in the year of our Lord one thousand eight hundred 
 and sixty-two, made by the party hereto of the second^ Pfrt. with 
 the party hereto of the first part, for the co"«deratiori aforesaid, 
 and^ the terms aforesaid, the said party hereto of the second 
 part did agree to s^ll, and did sell the lands hereinafter described, 
 that is to »y : JVU that tract and parcel of land situate in the 
 City of Torontc^ bounded on tTie north by the south side of 
 Front Street, dHfcouth by the northerly general line of the 
 Water Lots oOKyin front of the City of Toronto, as laid 
 down in the JSI»^ttrvey by the Crown, and on the West by 
 Peter Street, tod on the east by the western limit of the property 
 formerly knbwn as Dr. Rees' property adjoining Simcoe Strert . 
 and containing six acres of land moreor »«S8, andthe paijj of Ac 
 flecondpartthereinagreedtoconvey the said land to the swd 
 partyofAe first part in fee simple free Jrom aU incumbrance. 
 Mthe said party of th6 first part, thereby agreed to accept ti^ 
 toid title and ^e the said mortgage on bemgthcaeunto requested 
 by the party hereto of the second part, and that they would l«y 
 interest from the date of the deed of conveyance, or on thew com- 
 mencing their buUding thereon, whichevCT s»»o"ld first happOT. 
 And Z> it was agreed that the party of the J«=<>nd pf m^^t 
 take possession of the said property as soon as they thought proper 
 after the execution of the said ^reement, and ^Ja* /he deed of 
 conveyance to be given, should be the usual deed of bargam and 
 sale, and that the mortgage should be the usual mortgage condi- 
 tions a? above mentioned. 
 
 AND whereas, afterwards the said party of the first part did 
 on the tenth day of January last past, take possession of the sMd 
 property, and iSve since that date been under interest and did^ 
 Se S day bf July now last past, pay the first hdf year's mterest 
 S thfiSe of sevin perce'^t-a* bythe said deed of agreement was 
 
 and is provided, 
 
 AND whereas, the said award in the said agreement men- 
 tioned has been made, and since so being made hf^heen con- 
 toed by the parties to this indenture, tod the said deed of^^ 
 . veyance has betm executed in pursuance of said agreemente imd 
 ' on the tenns above set out and agreed upon, and therefore the 
 
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 patties of the ftrst Dart desire to give the mortgage above men' 
 tioned on the terrfpind in pursuance of the'agreeitici^ above re- 
 cited. 
 
 THEREFORE tiiis indenture witnesseth that Jh considera- 
 tion of the premises above recited, and In performance of the 
 aWe mentioned agreement, and in pursuance thereof, and for 
 the consideration of fpur thousand fiVe hundred poinds ol law- 
 ful money of Canadathe purchase money of said lan<J8 so to be 
 secured by mortgage as aforesaicl, ahd as is above recited,, and . 
 which purchase money is to be the fiiSt lien and charge upon said 
 lands as aforesud, they the piuty of the first part have and hereby 
 do bargain, sell, assign, transfer, enfeoff, qqnvey, and confirm 
 unto the party of the second part all that certain tract and parcel 
 of land and premises situatfe, lying and being in the Gity of To- 
 ronto, in the County of York, and province <«f Canada, and more 
 particularly described as follows, that is to say : al( that tract or 
 parcel of laafd bounded on the north by the south side of Front 
 Street, in the City.of Toronto, on the east by the wsesterly line of 
 the proper^ immediately^ adjoining the, west ^ side of Siracoe 
 Street heretofore known a%the Dn Rees' fjroperty, on the west by 
 Peter Street, and on the south 1^ the northerly geperallineof the 
 Water tots as l^d down on the ori^injd survey ' mad^ by the 
 Crown of the said Water Lots, and ebmainingby admeasurement 
 six acres of ljmd,'be the same more or less, together with all 
 houses, ways, waters an^watercourses, rights, privileges and ap- 
 piihenances, thereunto^longing or in anywise appertaining* 
 
 • • . , ■»..•■,■■'.■ 
 
 '- TO have and to hold the same and evety part tl^ereof unto 
 the said party of the second part, their successors and assigns, to 
 ' the use of the party, of the secphd part, their successors an(i assigns 
 
 forever. ' . ' - • .. 
 
 PROVIDED nevertheless, that if the' said party of the first 
 part, their successors or assigiis, do and shstUWeUand truly pay 
 or cause, to be paid unto the party of the second part, their suc- 
 cessors and assigns, the said interest \lpon the sum of four thous- 
 > and five hundred pounds at the rate of seven per cent, per an- 
 num, computing from the said tenth day of January now last past, 
 such payment to be made half yearly on- the tenth day of July and 
 tenth day of Januaiy to each and every year, computing as afore- 
 said, the payment, due on the tenth day of July now last past, 
 having been made as aforesaid, and shall and do at any time dur- 
 ing the continuance of this mortgage, pay up all arrears of interest, 
 and pay the said principal money, then and in suchc' case this 
 mortgage and everything therein contained ghall be null and void, 
 it being the condition uppn which this mortgage is given, that so ^ 
 long as the said interest is paid at trie "rate foresaid and in the 
 manner aforesaid, that the principal money abovp mentioned 
 
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 shall rcmiun in the hands of the party of the first part, >pd- that ^ 
 the party of the second pirt, their successors and assigns; shaU 
 not haveUie right to take proceedings to collect or get mthc , 
 said principal money until aftet the party of the first part shall 
 have made default in making such payments of mterest, kndsuciv 
 deault shaU have continued for |l\e perioa of one month jOlejr 
 such payments of interest or any of them shall have become due 
 andjMyable. ^ '..*-'' , 
 
 i»R6vi DED ateb the party of the first part, their successors .» 
 • and assigns shall have the right at at^y time to pay up the pnnci- 
 pal money and interest at the fiite aforesaid to the time of mak- 
 mg such payment, and in such case the party of the second part. 
 
 - will at once discharge thb mortgage o« assign the same to such 
 person or pe^ons as the party <if the first part may direct 
 
 ■ * ■■ . ' ■ " * ' 
 
 ^ AND the party of the first part hereby, for themselves, their 
 
 successors and assigns, covenant, promise and agree tc^atod irifh 
 ,the party of the second part, their successors and JSs^igns^ th^ 
 
 they will well and truly pay or cause to be paid to the pMty oF. 
 
 the second part, their successors or assigns, the said mtrfest. at . 
 
 the rate aforesaid in hajf yearly payments, bit the days and times^ .; 
 
 and in the manner in the said proviso mentioned,, without any 
 
 deduction or.abatemeiit whatsoever, ^pcpraing to ^e true mtent 
 
 and iineaning of these presenftsT; . ' ;^ ' < "^^ V* 
 
 \. AND also, tHa^for and nofwithstahding any act, dee4, n»at- . 
 
 - tfero/thitife'by the said party of the first part dlone, .otftputed or. 
 committed, or knowingly or wilfully permtted or, suffered tcr the 
 contrary, they, the said pafiy of the first^art now have in the^- , 
 selves good- right, full power, and absolute authority to convey jte . 
 said lands, ahdiother the prenaiaes hereby conveyed or intended^ 
 so to be, with theit and every of their appurtenances u»to the 
 said party of thtf second part, in manner afotesaid and '•accordmg 
 
 ' to the true intent of these. presents, and that it sjiall he- lawful,_ 
 
 notwithstanding ifter'default shall have been ipade in payment of 
 
 the said interest or any part thereof oft the- days apd times at the 
 
 ' rate and In the manner contrary to the proviso ..hereinafter cofl- ■ 
 
 tained and the period of one calendar month shall have elapsed 
 
 after the making of such default for the said party of the^ second 
 
 part, their successors and aspignfe, from time to^ time, and at. all 
 
 times thereafter, peaceably and quietly t6 enter upon, have, hold, 
 
 • occupy, possess and e^joy the said lands andjjremisiis hereby 
 
 conveyed oi intended so to be, with their and every of their ap-. 
 
 purteiiances, and to have; receive and tajte the rents, jssues and 
 
 profits thereof^ and of every part thereof,, to and for their own wsp 
 
 .and benefit, without aiiy let, suit, trouble, deiual, eviction, mt|r- 
 
 Tuption, cla\m or demand whatsoever of, ffon^, or, by them, the 
 
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 ' said party of the first part, or their successors or assiips', or ally 
 person claii^ing or to claim by, froto, oN^inder, or ^in trust fot 
 them or any of them. \ " : 
 
 AND that free and clear, and freely and abso^jitely acquitted, 
 exonerated and for ever discharged or otherwise by the said parly 
 ' of the first part, or their successors or assigns, well and sufficiently 
 saved, kept harmless, and iAiemnified of, from, and against any 
 and every former and other gift, grant, bargain, sale, jomture, 
 dower, use, trust entail, ^ill, statute, redognizance, judgment, ex- 
 ecution, extent, rent, annuity, forfeiture, entry and any and every 
 other estate, title, charge, trouble and incumbrance whatsoever 
 miide, executed, occasioned or suffered by the said party of the 
 \ * first part, their successors and assigns, or by any person daim- 
 "* ing or to claim by, from, under, orm trust for tnem or any of 
 
 L them. • . 
 
 AND also that after such default and such period of one 
 calendar month has ^lapsed as aforesaid, that they the said party 
 of the first part, their successors and assigns, and all and every 
 , ■ . other person whomsoever, having or claiming, or who shall or 
 may hereafter have or claim any estate, right, title or mterest 
 ' whatsoever, either at law or in equity, in, to or out of the «ud 
 lands and premises heSby conveyed or intended so to be, or any 
 of them, or any part thereof, by, from, under or in trust for them- 
 ' . ■■' ^ or any't)f^em, shall and will from time to time, and at all tim« 
 hereafter, upon- every reasonable request, and at the costs and 
 ' charges of the said party of the second part, their successors and 
 assigns, make, do, execute or cause to be made, done or execut- 
 ed'all such further and other l^ul acts, deeds, things, devices, 
 J conveyances and assurances in the law whatsoever, for the better, 
 
 • more perfectly and absolutely conveying and assuring the said 
 lands and premises hereby conveyed or intended so to be, and 
 every part thereof with their appurtenances imto the said party of 
 the second part, their successors and assigns, in manner aforesaid, 
 is by the said party of the second part, their successors or assigns, 
 or their counsel learned in the law sh^l be reasonably devised, 
 advised or required, so as no such further assurances contain or 
 imply any further or other covenants or warranty than against the 
 actsanddeedsoftheperson who shall be required to make or 
 execute the same, and his heirs, executors or administrators only, 
 and so as no person who should be required to make or execute 
 such assurances shall be compellable for the making or executing 
 
 thereof, to go or travel from his actual place of abode. 
 
 PROVIDED always, that as to the part of the lands de- 
 scribed above situate between the southern boundary and the top 
 of the bank, they, the Company only convey to the City such 
 mterest as they, the Company have therein, and the same is pro- 
 vided as to John Street 
 
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 AND it is further declared and agreed by and between the 
 parties of these presents, that if the said party of the fir^t part, 
 their successors and assigns, shall not pay to the said party of 
 the second part, their successors and assigns, the said interest on ' 
 
 the days and times, and in the manner and according to the true 
 intent and meaning of the proviso hereinbefore in that behalf 
 contained, and the said party of the second part, their Successors 
 and assigns, shall and may ailer any of the times limited for such 
 payment has expired have given to the .said party of the first 
 part, their successors and assigns, or have left for them at their 
 office in the City of Xoronto, notice in writing demanding pay. 
 ment of the said inte^e^or luch portion or instalment thereof as 
 there may be then due, such notice to be addressed to the presi- 
 dent of the parties of the first part, and one calendar month shall -^ 
 have elapsed from Jthe delivery or leaving of such notice without 
 such payment haeving been made, (of v^hich latter default in pay- : :_ 
 ment as also of" the continuance of the 'said principal money and 
 interest or some part thereof on. this security, the i)roduction of 
 these presents shall be conclusive evidence)*>and ^nall and may 
 be lawful to and for the said party of the second part, their suc- 
 cessors and assigns, without any further consent or concurrence 
 of the said party of the' first part, their successors and assigns,, to 
 sell and absolutely dispose of the said lands^ hcKditaments aM 
 premises with the appurtenances in SMch way an^ manner as to 
 them shall seem meet, and to conv^ey and assure the same when 
 so s<»d unto the iiaid purchaser and purchasers thereof", his, her 1 
 
 and their heirs and assigns, Or, as he, she or they shall direct and -' \; '"^ 
 
 ajwpibt '* 
 
 it is hereby declared and agreed thalt the said pirty 
 of tJirS^nd part, their successors and assigns, shallstand, seized 
 and be possessed of the said lands, tenements and hereditaments, 
 and of the rents arid profits thereof until sale and after sa}e (>f 
 the proceeds therefrota arising: Upon trust, in the first place to 
 deduct thereout-all expenses which may be necessarily jncurted:> 
 in, and attend the execution of the tf usts arid powers hereby ere-- 
 ated, together with interest for the same, and after payment there- 
 of to retain and^ay unto andfor them the said principal sum of 
 four thousand five hundred pounds, or so much thereof as shall 
 then remam unsatisfied and, all interest then due and in arrear li^ 
 respect thereot", and after siich paynient in trust to pay grtfansfer 
 the surplus, (if any) of the rents and profits or proGeeds*«f the 
 said sale utttp the said party of the first part their successors and 
 assigns, and also to reconvey and assure such part pf the said lands, 
 hereditaments and premises as shall remain unsold for any of the 
 purposes aforesaid unto the said party of the' first part, their suc- 
 cessors and assigns, or as they shall direct or appoint. 
 
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 AND it is hereby further declared and agreed that the 8aid|^ 
 party of the second part, their successors and assigns, shall stand 
 seized and be possessed of the said lands, tenements Ahd here- 
 ditaments, and of the rents and pit)fits thereof until sale, and 
 after sale of the proceeds therefrom arising : Upon trust m tat 
 first phice to deduct thereout all expenses which may be nece^ 
 sarily incurred in, and attend the execution of the trusts and 
 powers hereby created, together with interest for the same, and 
 after payment thereof to retain and pay untold for them- the 
 said principal sum of four thousand five bundled pounds, or so 
 much thereof as shall then remain unsatisfied, mA all interest 
 then due and inarrear in respect thereof, and Wter such pay- 
 ment in trust to pajfbr transfer the surplus, (rf any) of the rents 
 and profits or proceeds of the said sale unto the said party of 
 the first part, their successors and assigns, and also to reconvey 
 and assure each part of the said lands, hereditaments and prem- 
 ises as shall remain unsold for any of the purposes.aforeiaid, unto 
 the party of the first part, their successors and assigns, or as they 
 shall direct or appoint 
 
 • , ■ • ' 
 
 AND it is hereby further declared and agreed, that the 
 receipts of the said party of the second part, their successors and 
 assigns, shall be good and sufficient discharges for all monies 
 therein expressed to have been received, and that the person or 
 ' persons paying them any monies and taking such receipt, shall 
 not afterwards be required to see to the application thereof, nor 
 be answerable or accountable for the misapplication or nonapph- 
 cation of the samiC. ^ 
 
 Aii D the' said party- of the seconid part do hereby for them- 
 selves, their successors and assigns, covenant, promise and agree 
 to and with the said party of the first part, their successors and 
 assigns, that no sale ot notice of sale of the said knds, heredita;- 
 ments apd premises shall be made or given until such time as one 
 calendar months'' notice in writing as aforesaid, shall have been 
 jiven to the said party of the first part, their successors or assigns, 
 T have been left for them at their office in the City of Toronto, 
 demanding payment of the interest monies, or the portion of in- 
 "y^Mbnt thereof, which at that titae shall be due and the said 
 ^ J^ of the first part, their, successors and assigns, - shall have 
 'made default in payment of the same ait that time. .> , i^ 
 
 suc- 
 
 AND also that the swd party of the second part, their 
 cessors and assigns, shall and will at the expense of Jhe said party 
 of the. first part, their successors and ^igns, at any time before 
 such sale or sales shall take place on payment or tender by the 
 ^d party of the first part, their successors and assigns, of the 
 said interest or the portion thereof which at the time of such 
 
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 tender shall be due and owing, upon or by virtue of this lecurity 
 
 with all costs us aforesaid, the said default shall be by such pay^ 
 .' ment done away with, and this security shall stand and continue 
 
 to all intents and purposes aa if luch dc;fault had. not been made, 
 ' and so on from time to time, so ' long ad tlie partj^ of the first 
 
 part shall desire to continue the same. , 
 
 PROVIDED always that until default ishall be made in pay*- 
 ment of the said interest or of some portion or instalment thereof 
 on some or one of the days and times hereinbefore limited for the 
 purpose thereof, aijd the said one calendar month shal) have 
 elapsed after default as hereinbefore provided, it shall be lawful 
 for the said party of the fust p^rt, their successors and assigns; 
 ,to hold, occupy and enjoy the said Idnds, hereditaments and 
 premises with the appurtenance;;!, without any molestation^ hind- 
 rance, interruption or denial of, from or by the said pajty of the 
 second part, theii; successors or assigns, or any person claiming 
 by, from, through, ^pder or in trust for them or eithe^of 
 them. . * ■v . . f • 
 
 PROVIDED lastly, that they the said party of the second 
 part, their successors and assigns, shall not be answerable or ac- 
 countable for any more monies than they^ shall \^ctually receive 
 by virtue of these, presents, nor for any misfortune, loss or dam- 
 age which may happen to thie said estate and premises, in. the ex- 
 ecution of the trusts aforesaid, save and except the same shall 
 happen by or, through their 6wn^wilful neglect or default " , 
 
 IN witne^ whereof, the said'parties of thie firtt and second 
 parts have l^ereunto affixed their c9rporate seals on the day and 
 m the year first above written. ♦ 
 
 The Grand Trunk Railw^ ) 
 Company of Canada, by / 
 J. FERRIER, 
 
 Chairman, 
 G. T. R. R. Co. 
 
 ■ 
 
 ;^ Seal. I 
 
 Signed, sealed and ) 
 delivered in presence of J 
 
 J. HICKSON, Montreal 
 T. B. HAWSON,' Montreal 
 F. H. MEDCALF, Mayor. 
 
 i Seal I 
 
 Witness* to execution tly 
 Mayor and Chamberlain. 
 THOS. C. PATTERSON 
 
 ii 
 
 AT. McGORD,. 
 
 Chamberlaiiit. 
 
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^''^■iMptTr^f •;>' 
 
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 60 
 
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 Agreement for Sale. Dated .December 23rd. 1861 ^ 
 
 f THIS AGREEMENT ™ad..W,tw^^^^^ ' 
 
 cember, in the y.a. »' »"' ^'1™^ 'XT RaVay Company 
 S??rAt rrlrpfn,' and°rcorpo.a.ion of .he CUy of 
 
 Toronto of the second part. ^ 
 
 ,.^VHEREAS.h. party of the f^"n^ have ph^d,a^^ . 
 
 thrparty of tht:»econd ?»">'?' '°i?„'°hepToperty known as Dr. 
 ™ema m *« ?''d,'="'."P"'° 'kt^co" streron the east. Front 
 Rees'. immeduite y »^)°™"8j™?^e „«t, and the northerly 
 
 SarbotCoi «roMetl-« - ""' ?-" <» '"^ . 
 Iri'^;^lsu™e7?y the Crown on the South. . ... . 
 
 iZ^rStlt^^l^^i Srty fL there is a space sixty feet 
 Wide called Esplanade Street; 
 
 AND whereas north of said fo J |^^t:iSL^l^iif ^ r 
 
 one hundred feet) therj « .^^ P^«.^^. f^ indirection northerly to the . 
 north line of said one hundred feet m a a^^^^^ 
 
 said boundary or general ^;"«' "°f ^^^^f ^^ zs aforesaid and 
 down on tHe onginal survey of UieWate^^^ ^^^^^ 
 
 i ■ . I 
 
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if 
 
 Ahdwhereaa the paftf of the second part cUIm compenis- 
 tkm fbr the filling dohe by thenn on the ipace to dcKhbed and 
 required as aforesaid. * . 
 
 ' THEREFORE this Agreeme^ Witnesseth that the said 
 parties hereto have and du agree as follows each with the other, 
 namely: W / ^ 
 
 THAT the parties hereto shall at once proceed to ascertain 
 what the filling done by the party of the second p»rt on the said 
 piece of land bounded on the east by the property known as Dr, ^ 
 Rees' property next adjoining Simcbe Street on the south by the 
 ■aid northerly line of the said one hundred feet made up of the 
 said forty feet and sixty feet as aforesaid, on the west by the said - 
 lands owned by the party of the first part and on the north by the _ 
 northerly general line of the Water Lots as laid down on the origi* 
 lui-iMEvey made by the Crown of the said Water Lots as the 
 northern boundary of the said Lots should have cost that is what 
 it should have been done for. And if the same cannot be 
 agreed upon that then each party shall choose a disinterested en- 
 gineer, that these two shall choose a third, and that the award' of 
 the said three or anv two of them fixing the amount calculating 
 on the basis of what the same should have been done for, that iSt 
 should have reasonably cost, shall be final, provided, however, if 
 the parties can agree on one engineer as sole arbitrator and that 
 they do so, his award made on the baisis aforesaid shall be final. 
 
 THAT irtimediately on this being fixei and the amount 
 ascertained what the Company are to pavjiir the said filling the 
 Company will consent to the Patent theinssuing for the laid piece 
 of, land to the party of the second part upon the terms and condi- 
 t^ns however that the party of the second part do immediately I 
 ^i^;thF Patent issuing grant in fee by the u$ual deed of bargain 
 > tmd sale and free from all incumbrances and charges the said 
 piece of land so described as aforesaid by the boundaries afore- 
 said as being^re^ir^d as above mentioned. And that on the ex-^ 
 ^ecution of the snd'deed of bargain and sale to the Company thej^ 
 the Company wil^ for the amount so ascertained as the sum to be 
 paid as aforesaid for the said filling as above mentioned give to 
 tihe party of the second part a mortgage in fee on the said landi 
 and on the property purchase^ijy the Company from the party 
 of the second part north of the property covered by this agree- 
 ment such mortgage to be conditioned that so long as the Com- 
 pany pay td^he party of the second part the interest on the said 
 principal money at the rate of six per cent per innum half-yearly. 
 fix>m the date of the mortgage they the Company ' shall have the 
 right to retain in their own hands the said principal money, but 
 
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 i,^,&torimiin-ithU..Con.i«ny. 
 
 THAT *. Con,W «><> 'I"' 1^"X SS'co^^ wl 
 col„«.t to th. Crown ?."" X T«d. S«red bT *« »P«'"«"' 
 
 Lots. 
 
 Esplanade Street at any pomt^^^^^^^^ p,^, i„g^ 
 
 s;l:^^^:2;^r^Ele^^^^ ^ 
 
 THAT both parties agree to carry out this agrwrnent with 
 
 ^HAT nothing rtjflii:c;^»^^^'^^^ 
 .ion made on either side »»^«^" ^^^^^^^^^^^ l( this agreement 
 ]o far as the same relates to the J^^ject matte ^^^ 
 
 and the matters mentioned and reier^^^^^^^ prejudice or m- 
 
 JSthihg in this «^""^7l.SJ^*"'Jr^ „ respect of or to any mat- 
 terfere with the ^ff^'^'ff'^ll^^^e^^^^^^ mentioned tiierem 
 tcr or thing not ^^P^^^^f ^1" J^^^^^^^^^ the rights of each shall 
 
 it being the mtention ^l^l^S^^tTyng\it matter and thing not 
 
 if it never had been made. 
 
 ^ PROVIDED ALWAYS »d it »;u^de«.o^Jy^b^^ *« 
 
 ^„ hereto as to '•« ^-Ic^TtS in^"«««'°8 '» "^ 
 T&Mt the Corporation of *« f'^ °^ (i^a Trunk Rail^y Com- 
 iale made by this agreement to me '^^ „or does the 
 
 relating to the said lands. 
 
 IN wrrNESS WHEREOF t^^^r^^ 
 way Company of Can a d a a nd the saia xne y 
 
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pf" 
 
 p. I^v 
 
 n^ 
 
 ft-' 
 
 
 i out 
 
 with 
 
 >ment 
 
 eiaid 
 often 
 ngrcas 
 
 kt with 
 
 concet- 
 han ia 
 eement 
 id that 
 ; or in- 
 ly mat- 
 therein 
 ch shall 
 hing not 
 1 by it as 
 
 both the 
 be sold 
 g to this 
 -ay Coin- 
 does the 
 agreed to 
 any other 
 n-Council 
 
 runk Rail- 
 lon of the 
 
 City of Toronto have herittnto ciuiW the Corporate Seals of titt 
 said rest)cctive Companies to be affixed to these pre^ts on tb« 
 day and year first above writtea 
 
 Seal of City V 
 of Toronto, j 
 
 J\ 
 
 A. T. McCORD, 
 M Chamberlain. 
 
 The Grand Trunk Railway 
 
 J. G. BOWES, 
 
 Mayor. 
 
 r CAk ADA, 
 
 )y JOHN BEUy 
 I Their Attorney and S^icitoft 
 
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 60 
 
 Patent for Loads dr Water Lots between Rees' Lot 
 and Peter Strtfet Dated 4th July, 1864. 
 Registered 4th July. 1864. 
 
 MONCK. 
 
 Th all to whom these' presents 
 shall cotne^ Greeting. • 
 
 Seal of Province V 
 . of Canada. J ^ 
 
 PROVINCE OF CANADAA 
 Victoria, by the grace of God 
 df the United King4om of Great 
 Britain and Ireland, Queen, De- 
 fender of the Faith, etc., etc., etc 
 
 ^ \ " ■ »• 
 
 KNOW YE, thit among the Rolls and R^conls in the Reris. 
 liar's Office of the Province of Canada, in Lib. I. K., Folio 103, 
 it is thus contained, to wit : 
 
 PROVINCEOFCANADA. 
 Victoria, by the grace of God 
 of the United Kingdom of Great 
 Britain and Ireland, Queen, De- 
 fender of the Faith, etc, etc, etc . 
 
 WHEREAS, the Corporation of the City of Toronto, m the 
 County of York, in our said Province, did, under certain orders of 
 SS^^^vemorinCouncU,.ofoursaidProvince Midacej^^^ 
 of o<;cupation,bearing date on the twenj^nmth^day of Maj^ m ^ 
 veaTof Our Lord one thousand eight hundred and «ty4tae^ 
 under the hand and seal of our then Governor, or under rthc 
 Srify coXed upon them in and by certain Statutes ofAe 
 ParlUment of ouf said Province, enter mto possessiori of artam 
 toSd premises in the «dd city, (whereof the land* here^ 
 ^tended to be given and granted form part,)fo^ the foimation of 
 an Esplanade. And, whereas, the Corporation of the City of 
 Toronto, in pursuance of the said Statutes, or of some or one of 
 
 :^ all to whom these presents 
 shfifl ame, Gteeting. 
 
61 ' ■ ^ , ■■ : .; ■- 
 
 them, and of the authority thereby conferred, proceeded to the 
 construction of an Esplanade in and upon the said lands intended 
 to be hereby given and granted, or some part thereof. And 
 whereas, the Grand Trunk Railway Companyr of Canada, subse- 
 quently, for the purpose of their said Railway, entered into 
 possession of a certain portion of the lands and premises hereby 
 intended to be given and granted to the Corporation of the City 
 of Toronto. And, whereas, it is represented to us, that in ^d 
 by a certain Deed of Agreement made on the twenty third|rfa|r 
 of December, in the year of our Lord one thousand- eight Irond- 
 red and sixty two, by and with the Grand Trunk Railway Com- 
 pany of Canada, of the first part, and the Corporation of the City 
 of Toronto, of the second part, it is recited that the party of the 
 first part, had purchased, and the party of the second part, had 
 sold to them certain lands and tenements- in the said city, in the 
 said recital particularly described. And it, is further recited, that 
 the party Of the first part were then in possession of a deed of ri^ht 
 of way, forty feet in width on the Esplanade, and north of which 
 . , i- . /.--. ... — ^^ .• .:_... fe et wide, called Espla nade 
 
 5t 
 
 land 
 
 extending from the north line of said one hundred feet in a direc- 
 tion northerly to the boundary or general line north of the .Water 
 Lots as Ifiid jdown on the original survey of the Water Lots by the 
 Crown. And it is further recited that; the fee of the saidVeceof 
 ground so situated south of the said general line of the said Water 
 Lots as laid down as aforesaid, and nOrth of the said one hundred 
 feet is vested in the Cro^h. And that the party of the first part 
 required the same for their purposes, and desired to get a patent 
 therefor from the Crown, or the title thereto in fee simple. And 
 further, that the party of the second part claimed compensation 
 for the filling done by them on the space so described and re- 
 quired as last aforesaid. It is by the said agreement witn^gsed, 
 and the parties thereby agreed each with the other thatthepirties 
 thereto should at once proceed to ascertain what the fillj|Bdone 
 by the party of the second part, on the said piece of land^round- 
 ed on the east by the property known as Dr. Rees' property next 
 adjoining Simcoe Street ; on the south by the said northerly line 
 of the said one hundred feet, made up of the said forty feet" and 
 sixty feet as aforesaid ; on the west by the said lands owned by . 
 the* party of. the first part J and on the iiorth by the northerly 
 jgeneiral line of the Water Lots, as laid down on the original sur- 
 vey made by the^rown of the said Watfer Lots as the northern 
 boundary bf the said Lots, should - have cost, that is, what it 
 should have been done for ; and that if the sum could not be 
 .agreed upon, that then each party should dioose a disinterred 
 ^engineer, and that those two should choose a third, and the award 
 ' of the said three or any two of them, fixing the amount calculated 
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 on the basis of what the same should have- been done for, that is, 
 '^ should have reasonably cost, should be final ; provided, howeve^ 
 if the parties could agree on one engineer as sole arbitrator, ana 
 that they did so, then his awards made on the basis aforesaid 
 should be final. And further, that immediately on the same 
 being fixed, and the amount ascertained which the Company were 
 to pay for -the said filling, the Company would consent to the 
 Patent then issuing for the said pece of land to the party of the : 
 second part, upon the terms and conditions, however, that the 
 party ofthe second pairt, should immediately on the Patent issu- ; 
 ' mK irant in fee, by the usual deed of bargam and sale, and free 
 fWta all encumbrances and charges, the said piece of land so de- 
 scribed as aforesaid, by the boundaries^oresaid, as being required 
 as therein mentioned. And that on the execution of the said ; 
 -- defed of bargain and sale to the Company, they, the Compajy ; 
 would for the amount so ascertained as the sum to be paid for the ; 
 '^"said filling as therein mentioned, give to the party of the second ; 
 part, a mortgage in fee as therein mentioned, to be conditioned, ; 
 that so long as the Company should pay the party of the second ; 
 part the interest on the said principal money at the rate of six per ; 
 Snt per annum, haff-yearly from the date of the mortgage, the i 
 Company were to have the right to retam m their own hands tl^^ 
 said priiiipal money ; but that if the paymente of the mt^e«^ 
 should be at anytime one calendar month m default, the Uty ; 
 mieht proceed for the said principal sum if they, thought proper; ? 
 
 and that the option of paying off the princip^ sum at any timfe ; 
 
 should remain with the Cqmpany. And further, that the Com- : 
 
 pany on the said agreement now in recital being carried out, con- ; 
 
 Sited to the Crown granting to thh City, the larid covered with ^ 
 water, immediately south of the lands covered by this agreem^t to 
 
 . the WmdmiU Line, that is, to the southern line of the said Water 
 Lots, as on reference to the said deed now m recital will more 
 fully appear. And whereas, it fs further represented to us, th^ t 
 in pursi^ce of the said' agreement hereinbefore recited, Sandford , 
 Fleming, ofthe City ofToronto, in the County of Yoric^ Civil | 
 Engineer, was appointed sole arbitrator for the tmposQ m the . 
 said agreement mentioned. And that by his awa^d, dated ^ on or 
 about the seventeenth day of February, one thou^d eight hun- 
 dred and sixty-three, he did award and determde tnat Je cost ; 
 of the filHng done by the Corporation orthe f ity of Toro^ 
 that 4s, what itshould reasonably have b^ dohe for, on thesajd 
 
 ' piece of land bounded on the east by the property known as" Dr. ; 
 Rees' property next adjoining Simcoe ^eet; on the south by | 
 the said^ortheriy line of the said one hundred feet, made up of 
 ^ the said terty feet tod sixty feet, in the said deed S^n'^oned j 
 on the west by the said lands owned by the said Railway Com- 
 pany : ^d on the north by the fiortherly general boundaSy line 
 
 • 6( the Water Lots, as laid down on the original survey made by 
 
 11 
 
 ,jf- 
 
68 
 
 the Crown of the, said Water Lots as the said northern boundary 
 of the said Lots, is the sum of three thousand seven hundred and 
 fifty-five dollaft; which sum was thereby fixed and ascertained as 
 the amount to be paid by the Grand Trunk Railway Company of , 
 Canada, to the.Corporation of the City of Toronto, for the said 
 filling, pursuant to the said reference. And whereas, it is furth^^y 
 represented to us that in pursuance of the said agreement and 
 award, the following agreement wa^ entered into between the 
 Grand Trunk Railway Company of Canada, and the Corporation 
 of the City of Toronto, as follows: »» 
 
 Quebec, Au^t 25th, 1863. 
 
 '* It is agreed that all questions between the City of Toronto^ 
 "and the Grand'Trunk Railway Company, respecting the pur- 
 ' "chase of lands and payment fq^f}]|lin|; shall be finally settled by 
 "the latter agreeing to the sum of thirty-five thousand dollan, 
 « as the price for the Round House Lot and Water Front, in 
 " front thereof for the Elevators, &c,t#i The previous agreement for 
 " Wharves and Harbours to.be at once completed at the amount 
 "fixed by Fleming's award, and the stftn of thirty-five thous- 
 " and dollars to be secured by mortgage in the way, and on the 
 " same terms as Wharves and Harbour agreement. The Grand 
 "Trunk Company to have the right to Iky down tracks on and^ 
 "acrossEsplanadeStreet, between Peter andi Brock Streets, to 
 *• the full extent that their business may from time to time render 
 "necessary. This agreement settles all matters in dispute for 
 "lands and filling done between Brock Sti%et and Dr. Rees* 
 " property, adjoining Simcoe Street The ptent for the Round 
 " House Block on the above conditions to issue to the City, the 
 " deed to the Grand Trunk to be ttie Usual deed of bargain ind 
 "sale, and to convey the lands in questioij free from all charges, 
 " that is, by a dear title. The usual Mortgage to be made 'in 
 "return on the same tenBs as toentioned above. The above 
 " agreement only includes the filling done 01* the Round House 
 " Block, and on the lands covered by the agreements on the 3r4. 
 " and 23rd of December, 1862, and no others, and ths words *on 
 "and across Esplanade Street" shall extend only to the right to 
 " cross the Esplanade Street as the business of the Grand Trunl| 
 " Railway Company may require." ^ ., 
 
 AND whereas, we are willing, and desirous that the -said 
 deed, award, and xigreement should be carried out. NOW 
 THEREFORE KNOW YE, that in consideration of the pre- 
 mises, and in aid of the furtherance of the hereinbefore recited 
 deed, award and agreement, WE, of our fecial grace, certain 
 knowledge and mere motion have .given and granted, and by 
 these presents do give and grant unto the Corporation of t^ 
 
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 City of Toronto, their successors and assigns, all thore certain 
 tracts and parcels of land or Water Lots, and land covered with 
 water, situate in the said City of Toronto, and bounded on the 
 north by the northerly general line of the Water Lott, as laid 
 dowiionthe original suivrey, made by the Crown of the said 
 Water Lots : on the South by the line known as the WindmUl . 
 Line ; on the east by the western limit of the Watej Lot known 
 as Dr. Rees,' and situate west of Simcoe Street, and granted by 
 our Letters Patent in the year of Our Lord one thousand ei|;ht 
 hundred and forty six, to one Joseph Beckett ; and on the west 
 by the eastern limit of the Water Lot granted^the Honorable J. 
 Masson and A. Furhiss, on the east side of Peter Street produced 
 and containing twenty eight aaes more or lesSj To have and tO 
 hold the premises hereby given knd granted, and every part there- 
 of, unto the said, the Corporation of ,th^ City of Toronto, their < 
 successors and assigns forever ; saving, excepting and reservit%, 
 nevertheless, unto us, (Utic heirs and successors, all mines of gold 
 and silver, and the free uses, passage and enjoyment of, in, over 
 and upon all navigable waters that shall or may be hereafter 
 found on or under, or be flowing through or upon any part of the 
 said tracts or parcels of land hereby granted, subject however, v 
 to and upon thi express trusts and conditions following, that is 
 
 to say : - 
 
 -First. ThaHo claim or demand of any kind or nature what- 
 soever shall be made or preferred by th6 Corporation of the City ^ 
 of Toronto, their successors or assigas, or by the Grand Trunk r 
 Railway Company of Canada, their successors or assigns, or by 
 any party claiming by, from, through or under them or any or 
 either o^em, upon or against us, our heirs and successors, in 
 respect to the said lands, land covered with water, Water Lots 
 snd premises, hereby given and granted, or in respect of any 
 work, labor or money, made, expended or laid out, or liabiliUes 
 incurred in respect thereof t^ them or either of them, in or upon 
 the lands, land covered with water. Water Lots and premises 
 , hereby given or granted ; or any levelling, excavating or filling up 
 of the same or any part thereof, whether in the construction of 
 an Esplanade in, upon, or adjoining the same^premises, or in the 
 approbation of the same for Railway purposes or otherwise, • how- 
 soever. And further, that the grant may by these our letters , 
 patent, is and shall be held and taken in full release and discharge 
 of any alleged or possible claim or demand of any nature or kind 
 H^hatspever, as aforesaid, which might or may be made by the 
 Coiporation of the City of Toronto, or the Grand Trunk Railway 
 Company of Canada, or either of them. 
 
 Secondly. That nothing in these our letters patent contained, 
 shall authorize, or be considered to authorize the Grand Tnuik 
 
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 Railway Company of Gati4da to close up or interfert with the 
 southern end of John Street, running througlr the said premises 
 intended to be hereby granted, released and confirmed, as afore- 
 said, further than is provided by "the Railway Act,'J-orto Suthoj:- 
 ize the Coiporati9in of the City of Toronto, to close up or inter- 
 fere with the s*i4 southern end of John Street, running through 
 TO« same preraisfes. " ' ■'. 
 
 - Thirdly. That they, the Corporation of the City of Toronto, . 
 do and shall ia pursuance of the hereinbefore recited deed, award 
 and agreement, with all reasonable ck&patch, execute and grant 
 in fee, by the usual dc^d of bargain and ^le to the Grand Trunk 
 Railway Company of Canada, their successor^ and assigns, free 
 from all encumbrances and charges, and for the consideration of 
 the sum, of three thousan4 seven hundred and fifty-five dollars, to 
 be secured by rfiortgage as hereinafter mentioned, all that piece 
 or parcel of land being a portion of the lands hereby given, Mid 
 granted, and which tnay he known and described as follows, that 
 IS to say : extending from the north line or bpundary of Esplan- 
 ade Street h^a direction northerly up to the said boundary or 
 geheral line north df said Water Lots, ?is laidrfiown in the original 
 sui /ey of the Water Lotk,jmd bounded on the east by Dr. Rees 
 . property immediately adjoining Simcoe Street, and granted by. 
 letters patent, in the year ^ne thousand, eight hundred and forty- 
 six, to one Joseph Beckett, and on the we?t by the Water Lot, 
 heretofore granted to the Honorable J. Masson and A. Fumm 
 And further, that upon execution and delivery of such deed and 
 bargain of sal*, as aforesaid, they, $he Grand Trunk Railway 
 Company of Canada, da and shall execufe -and deliver to the 
 Corporation of the City of Toronto, their successors and assigns,, 
 and that the Corporation of the City of Toronto shall accept and ^ 
 receive from the Grand Jrunk R^ay Company of Canada a. 
 deed bf mortgage in fee x>n the saiTOhds and premises, sb to be 
 conveyed to them as lastly hereinbefore mentioned to Secure pay: ; 
 ment to the Coiporation of the City of Iferonto, of the sum of 
 . three thousaiid seven hundred and fift^-fiv^ifillars, and that ui*. 
 the said mortgage it shall in eflFect be co^idilibned and pr odded 
 thai so long as the said Company pay to, the saidCitjrof TMlJO 
 the interest oA the la*t me Aned principal sum of money, uT the 
 rate of six per cent, per annurn, half yearly from the date or the 
 ttiortgage, the Grand Trunk Railway Company qf Canada, shall 
 ,have the right to retain in their own hands the said pnnapal 
 mone^; but thar if the p^yAent of the interest shall be at any 
 time one calendar month in default tjie Corporation of the City 
 of Toronto may proceed for the recovery of the said principal 
 sum of money to be thereby secured, and that the option of 
 paying off th)p principal' at any .time shall remain with .the 
 'Company. , 
 
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 Fouitthly.* tliltt nothing in these lut letters patent contained 
 shall be wienaii»fl|xting any j^eei^lpt heretofore made be- 
 tween the'Grand 'li^nk Rjuhw4fi^om^ of Canadi, aiuk 4he J^|p 
 Corporation of th|i;City of Tk)rQnt6,rea|k qghtjof vifon 
 ' the«*id:'W|pliUiad% "^ , , ''^^ '■ '^^ ^•■* ' • 
 
 Hono 
 Balljr 
 Britisl 
 Chief 
 
 Bnin8wi^^|i|(l 
 oC.thesaini ' * 
 iht^vear^ 
 
 ftturaiisM 
 
 
 KtiW gre^' seal, of**' oM\|feovincP|g Can: 
 Witness iiitlight tttisty and well belilfi cousi|fe>me aRii 
 S^Iey^Viscount Moiibk^Baron 
 
 n-Gen«;|^ and Govei 
 
 i<Iova se^ia, ne 
 ^and , Vice-Adi 
 fourth day of.Ji 
 t hundred itmd si 
 
 ^ijellcriai ^ Councfl. " ,! 
 
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 M^ 
 
 «^ * ; ANDREW RUSSEIX, 
 
 ^'m^ 
 
 ASs^ Com. of Crown la^^ |ii 
 
 ■ if 13 
 
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 itary. - ^ 
 <iv^e have colmmiiided tQjp^ exei]aplified 
 
 iivdi«^ Hie great seal of onr *Ph3ii|nce of Canada. Wit 
 nessotti"' i^ijlft !^^^ Right; Yj^onotn 
 
 abl^Ch»fel9'Stanley, ViscountMonckjjBbon Montk, of Bally- ^ • 
 ftprt i^t^e ^ouiity of Wexfotd, (^vemor-General of Britis|t j | ; ; 
 pAiaencjaV and Captain-General !• and^ Govemor-in-Chief in l p ^ 
 toy^pir'Ottrl'royiwQes of Canada, Nova Sqbtia, New Brunswlt^k, | k;^ 
 > and^ the W^m^ . oSf prince Edward and Vice-AdmiJal of the \%\ 
 ssune^^pi^, etc At Quebec this thirteenth day, of July, m 1 1: 
 the year oibur Lord one^thousand eight hundred and sixty-foui^f 
 and in^e tlvieniy-eighthiyear of our reign. .-, J ; 
 
 By Command, • 
 
 E. A;,MEREJDlfH, 
 Assistant 
 
 Examined, 
 
 -V.:' '^h'\'''' yfu.iiEXVT. 
 
 
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 67 
 
 da. Wit- 
 I; ^onor^ 
 of BallyV 
 4 Britisjl 
 -Chief ill 
 runswl(;k;' 
 al of th<^ 
 July, m 
 sixty-foui^f 
 
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 Oonyi^iice Dated July 13th. 1864. RegtoteredJuly 
 -^ ; 18th. 1864. 
 
 ■ x'- ^' ' ■' . - " ■ ' "■■'*.' i 
 
 ^ .»,*x^ INDENTURE, made this llhirteenth day of July, in 
 the'ycar of our Lord -one thousand eight\hundred and sixty-four. 
 
 i^ BY AND BETWteEN the Corporation of the City of To- 
 ronto of the first part, and the Grand Trunk RaUway Compwiy 
 of Canada, of the second part Whereas the lands hereinafter 
 described have been patented to the Corporation of the City of 
 Toronto : and whereas the said €«poration of the City of T<^ 
 ronto have for the consideration of the sum of ttoee thousand 
 seven hundred and fifty dollars to be secured as a first charge or 
 lien upon the said premises and also to be secured by way of 
 mortgage on the lands conveyed to the party hereto of the second . 
 part by the party of the first part by an Indenture beanng date / 
 the nineteeiith day of November now last past. 
 
 THEREFORE this Indenture witnesseth that the party of 
 the first part for and in consideration of the sum of three thous- 
 and seven hundred and fifty dollars of lawful money of Canada 
 above mentioned^o to b^ec^ed by the party of the second part 
 as aforesaid as a first charge or lien apon the lands hereinafter 
 mentioned and as s*ove-recited haVe and by these presents do 
 bargain; sell, assign, transfer, enfeoff, convey, and confirm unto the 
 party of the secbndpart all that cerUin tract or parcel of land 
 situate, lying, and being in theCity pf Toronto, in the County of 
 York and Province of Canada, aoLmye pait^culwly described 
 
 as follows : that is ^^6^^^^^^ ^^ ^^ ^ ^K 
 
 sBxd(;kyo{Toiov^ymm^l^s<pkby t^^ ^orth^side of 
 the one fitindr^ feet known as th^Esp&nlde, on . th^ nprth by 
 theiands heretlore conveytd^y the party of tfte tastpsat lOstiie 
 party of the second part by an Indenture beari# ^f*^ «»e Ji^ 
 teenthday of November n«w last past, on the w^t by t>^ M^ ijf-r 
 medisJTy east of Peter Street and now held and own|i \by the 
 party of the^second part and known as th^^Water AV^ Lot and , 
 on the east by the Lot patented to one Joleph Becker, and_situ- 
 atc immediately, west: of Simcoe Street and tetetofoye^own , 
 and in the dealings, of 1^ parties hereto called fte ^Rees pr<fe 
 perty together witHJlpJliis, ways, waters aJJd f«P^;;<^, 
 
 
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 rights, privileges, and appurtenances thereunto belonging or In 
 any-wise appertaining : To have and to hold the same and every 
 part thereof unto the said party of the second part their successors 
 and assigns to the use of the party of the second part, their suc- 
 cessors and assigns for ever, and the party of the first part hereby 
 for themselves their successors and assigns covenant, promise and 
 agree to and with the party of the second part their successors 
 and assigns in manner following that is to say, that for and not- 
 withstanding any act, deed, matter, or thing, by the said party of 
 the first part done, executed or committed, or knowingly or wil- 
 fully permitted, or suffered to the contrary they the said party of 
 the first part, now have in themselves good right, full power, and 
 absolute authority to convey the said lands and other the pre- 
 mises hereby conveyed or intended so to be with their and every 
 • of their appurtenances unto the said party of the jecond part in 
 manner aforesaid and according to the true intent of these pre- 
 sents, and that it shall be lawful notwithstanding any such act, 
 ' deed, matter or thing, for the said party of the second part their 
 successors and assigns from time to time and at all times here- 
 after peaceably and quietly to enter upon, have, hold, occupy, 
 possess, and enjoy the said lands and premises hereby conveyed 
 or intended so to be with their and every of their appurtenances" 
 and to iiave, receive, and take the rents, issues and profits there- 
 of and of every part thereof to and for their own use and benefit, 
 without any l«, suit, trouble, denial, eviction, interruption, claim, 
 or demand whatsoever of, from,, or by them, the said part/*of the 
 first part or their successors or assigns or any person claiming, or 
 to claim by, from, under, or in trust for them or any of them. 
 
 AND that free and clear and freely and absolutely acquitted, 
 exonerated, and ibr ever discharged or otherwise by the said party 
 'of the first part, or their successors and assigns well and suffici- 
 ently saved, kept harmless, and indemnified of, from, and against 
 any and every former and other gift, grant, bargain, sale, jointure,, 
 dower, use, trust, entail, will, statute, recognizance, judgment," 
 execution, extent, rent, annuity, forfeiture, re-entry, and any and 
 every other estate, title, charge, trouble, and incumbrance what- 
 soever, made, executed, occasioned or suffered by the said party 
 of the first part, their successors and assigns, or by any person 
 claiining or to claim by, from, under or in trust for them or any 
 of them. And lastly, that they, the said party of the first part, 
 their successors and assigns, and all and every other person whom- 
 soever having or claiming, or who shall or may hereafter have or 
 claim any estate, right, title, or interest whatsoever, either at law 
 or in equity in, to or out of the said lands and premises hereby 
 conveyed or intended so to be, or any of them, or any pa 
 thereof, by, from, under or in trust for them or any of them, sha 
 arid will from time to time, and at all times hereafter upon evp; 
 
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 reasonable request and at the costs and charges of the said party 
 ofX^cond part, their successors and assigns make, do. execute 
 or Slum fo be made, done, or executed all such further and other 
 L^ acts. deeds,.things, devices, conveyances and assurance^. 
 S the law ihats6ever for the better, more perfectly and abso- 
 Stdy conveying and assuring the said lands and Premises hereby 
 conveyed or intended so t6 be, and every part thereof wth. their- 
 apr-t'eLces unto thesaid party of the »«<^o«d ^^.]»^«^f J- 
 cessors and assigns, in manner aforesaid,' as by the Said party, of 
 ?^2e^ndpart,th;ir^uccessor^ and assigns, or their counsel 
 c^d^in the Uw shall be reasonably devised, advised or re- 
 Ss^wnosuch.furthef assurances convey or imply any, 
 ?iSr or other covenant or warranty than against the acts and 
 dSds of the person who shall be required to make or execute 
 fhT^me anShis heirs, executors or admimstrators only, and as 
 ho 5rTon who shall be required/to make or execute the same or 
 sucr«mrces shall be cLpellable for the making or executing 
 thereof to go or travel from his usual place of abode. 
 
 IN witness whereof, the said parties of the first and^se^^oP^ 
 parts have hereunto affixed their corporate seals on the day and 
 Jn the year first above written. 
 
 ) Signed, sealed and delivered \ ^ 
 
 ^ iAthepresen«eof f 
 
 F. H. MEDGALF, Mayor. ■-■■ . , . 
 
 A. T. McCORD, Chambcrbun. , (%!„„? 
 
 Per M. B. HICKS, Actmg Chawberlam. I of Tdronta 
 
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 Mortgage for l?«ouriiig Payiiient tdTJijib aiif ' 
 Interest. D«tdd July 16th, 1Q64. Registered 
 
 f /;'july 18th, 1864. . • ' 
 
 THIS INlfENTUREWide the thirteenth day of July, in 
 the year of our I^rd one thousand ^«ht hundred and! sixty-four, 
 by and betweeft the Grand Trunk Railway Company of the first 
 |>art, and the Corporation of the City of Toronto of the Second 
 
 :^art. ;.. ■. r ^ >;^...^ ^ |,;^ ■ 
 
 WHEREAS the party of the second part did heretofore 
 bargain, sell and convey to the party of the first part all that 
 parcel or tract o(||and situalfe in the City of Toronto, and bound- 
 ed rti the south by the nprth sid,^ of the one hundred feet kno^ . 
 as the EsijJanade, on the south by the lands heretofore conveyed 
 by the Co^ration of the City of Toronto to the party hereto of 
 the first part, on the west by the lands ^wnftd% the party of the 
 first part, immediately east of Peter Strfi^ and On the east li^ the 
 lot immediately adjoining SimcqMjbStreet^Qatented |o one Beckett, 
 but called the Dr. Rees' propertjHtt ^^^ - 
 
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 AND whereas, the price or cbnsideration for said lands 
 
 hanJl^f the 
 ut/l^pie Jec 
 ftetWfoiH 
 
 num- 
 party of 
 :ond pp i. 
 and pro-^ 
 
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 conveyed, is andj«ras the sum of tl^^^ousand scmh- Jiundi^ 
 andjfty dollars; fo be secured by mo^gage as welRoo the said 
 •landd^abovc^ described by way of ia first mortgage as jdso by n 
 second riiortga^ on the lands hereinafter descn^ aMprcol 
 1)er two, the principal money to lay in the hs ^ - * 
 the first part, so long as they pay to the part 
 the interest ther^ in^e manner ^r^ioafi 
 
 ^ THER#0RE this indenture n^lnesseth that the party ot the 
 first part, fiar and in considAation of the said sum of three thous- 
 and seven hundred and fifty dollars, being the purchase money 
 above mentioned, and in pursuance of the agreement above re^ 
 I cited, they the party of the first part have, and by these presents 
 hereby do bargain, sell, assign, transfei", convew and make over to 
 the party^ the second part, all those certain tracts or parcels of 
 landand premises situate in the City of Toronto, suid more''par-v 
 ticuSrly described as follows, that is to say : . 
 
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 ' Parcdnumbcr one. All that certain tract anj parce» of 
 land situate in the City of Toronto, and hounded on the south by 
 the north side of the one hundred feet known aa and caUed the 
 
 Esplanade, on the north by the "^f t»«^»>«""*^„fj'*^ Jf"?! 
 next hereinafter described as parcel numl)er two, on *he west by 
 ?he landH now owned by the party of the first P^». r^°" ^5 
 cut by the Water Ix)t next immediately adjoining SJocoe Street, 
 Stented to Jo«.ph Beckct, but known as, and c* led the Dr. 
 Ree8'f4)roperty. ^ l\\ 
 
 ^ Parcel number two. Also all that ceruin btt^r P«cel or 
 tact of land situate in the City of Toronto and H^ded on the 
 north by the south side of Front Street, ofthe e^t by the line of 
 r^iaic[lx)t immediately adjoining Simc^Stre^t. and known a. 
 above mtotioned as the Dr. Rees' property, on he south by the 
 JeneranS. of the Water Lots, that is. by .the land, m parcel 
 lumber one, and on the west by the east side o^.f^er Street. 
 ftxSpting and reserving out of this second parcel of land all that 
 ^^cj the Lot on the east side of Peter Street hfrctoforc owned. 
 ?ndSii owned by the party of the first part, arVl which was con- 
 ^yeSl^hemVcm'GJwski and othU and called the Water 
 Wocks m as may be covered by the above description, it not 
 * beSg thTLpntionW the parties hereto that any portion of the 
 «dd Lot sKd be included in this mortgage. To have and tp 
 Zldlhl Salevena trapts and pafcels of land and their appur 
 tenancS unto thtl^d party of the second part, their successor, 
 and assigns, to thJfown use for cv^r. 
 
 PROVIDED nevertheless that if the said party of the firtt 
 
 part, thei; successor or assigns do and shall well and truly pay 
 
 Sr ckuse to be pai4 unto the said party of the second part, their 
 
 aic^s^re and Wgns, the said interest upon the sum of three 
 
 SoS sev^ hun'drid and fifty dollars, at the rate of six per 
 
 ^^n^ner^annum compiiting from the thirteenth day of July noW|| 
 
 i^tt;f^d^ pT;meS be made half yearly on the thirteenthfl 
 
 Z of Januarjld thirt^^ d^Y of July in each and every year 
 
 SmoutinK^ aforesaid, Sd shall and do at any time during the 
 
 c^SaLoTtfiitmortgVpay up all. arrears of ^tcrest «jd 
 
 Z he said principal mon^. then, and m such ^^.^Jj" ™«'^: 
 
 SaL and evenr thin^ therein contained shall be null and void, it 
 
 SKe Go^ition upon which this mortgage is given that so 
 
 loM as tbe said interest is paid at the rate aforesaid and in the 
 
 i^raSresaid, that the^ principal ?o?'y/^::!^"^d th^t 
 SwU remain in the hands of the party of the «"* Part, amd that 
 Srodrtv of the second part, their successors and assgns shall 
 SSCthe rfghtto tak? proceedings to collect or get in the^d 
 pSicipal money until after the party of the first Part f a^l ^^ve 
 S^c default in making such payments of mterest, ^d such de- 
 Suit shall have continued for the period of one calendar month 
 
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 after tufch payment of intereat, or anv of them shftll have become 
 due and jMiyablc. Provided also thit ^hc party of the first part, 
 their successon and assigns, shall have the right at anv time to 
 pay up the principal money and interest at the rate aforesaid to 
 the time of making su<:h payment, and in such case the party of 
 the second part will at once discharge this mortgage or assign the 
 same to such person or ficraons as the party of the first' pirt may 
 direct. 
 
 AND the party of the first part hereby for themselves, their 
 successors and assigns, covenant, promise and agree to and with 
 the party of the second part, their successors and assigns, that 
 they will well and truly pay or cause to be paid to the party of 
 the second part, their successors and assigns, the said interest at 
 the rate aficMresaid, in half yearly {jayments on the days and timet 
 and in the manner in the said proviso mentioned, without any de- 
 duction or abatement whatsoever, according to the true intent 
 and meaninjj of these presents. And after default as aforesaid in 
 payment of mterest for one calendar month, will pay the princi- 
 pal money, and also that, for § nd notwithstanding any j\ct, deed, 
 matter qr thing by the said party of the first part done, executed 
 or committed, or knowingly or wilfully permitted or suffered to the 
 "contrswy, the said party of the first part now have in themselves 
 good right, free power, and absolute authority to convey the said 
 knds and othw the premises herefey^conveyed or intended so to , 
 be, with their and every of their appurtenances unto the said party 
 of the second part", in manner aforesaid and according to the true 
 intent of these presents, and that it shall be lawful notwithstand' 
 ing after default shall have been made in payment of the said in- 
 terest or any part thereof, on the days and times, at the rate, and 
 in the manner contrary to the proviso hereinbefore contained, 
 and the period|p/ one calendar month shall have elapsed after the 
 making of saidaditult, for the said party of the second part, their 
 successors ana as^jgns, from time to timer ^^^ ^^ ^^ times there- 
 after, peaceably and quietly to enter upon, have, hold, occupy, 
 possess and enjoy the said lands hereby 9onveyed or intended so 
 to be, With their and every of their appurtenances, and to have, 
 receive, and take the rents, issues and profits thereof, and of 
 every part thereof to and for their own use and benefit, without 
 any let, suit, trouble, denial, eviction, interruption, claim or de- 
 mand whatsoever, o^ from, or by them, the said party of the first 
 part, or their successors or assigns, or any person clamiing or to 
 claim, by, from, under or in trust for them or any of them, andK 
 that fbee and clear and finely and absolutely acquitted, exooerat-^ 
 ed, and for ever discharged or otherwise by the said party of the 
 first part, or their successors and assigns, well and sufficiently 
 saved kept harmless and indemnified of, from and against any ^ 
 •• i and every former and other gif^ grant, baigaiil, sale, jointure, 
 
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 dower, use, tru«, ,enUiA, will, rtitute, Tecofcilnmce, judffihent, 
 execution, extent, rent, winuity, forfeiture, enuy and any and cvefy 
 other eiute, title, charge, trouble and incumbrance whatsoever 
 made, executed, occasioned or suffered by the laid party of the 
 Artt iMirt, their wcccMors and assigns, or by any |)crson claunmg 
 or to claim from, under, or in trust for them or any of them, and 
 also that after such default and such period of one calendar 
 month has clapKed as aforciMiid, that they, the said party of the 
 first i>art, their successors and assigns, and all and eyery other . 
 person whomsoever having or claiming, or who shall or may here- 
 after have or claim any estate, right,, title or interest whatsoever 
 either at law or in equity, in, to, or oij^ of the said lands and 
 pifemises hereby conveyed or intended so to be, or any of them, 
 or any part thereof by, from, under, or in trust for them or any 
 of thtm, shall and will from time to time, and at all timet here- 
 litel upon every reasonable request and at the costs and chargei 
 of the said party of the second part, their successors and assigns, 
 make, do, or execute, or cause to be made, done or executed, all 
 such further and other lawful acts, deeds, things, devices, convey- 
 ances and assurances in the law whatsoever for the better, more 
 perfectly and absolutely conveying and assuring the said landi 
 and premises hereby conveyed or intended so to be, and every 
 part thereof, with their appurtenances unto the said party of the 
 second part, their successor* or assigns, as by the said party of the 
 second part, their successors and assigns, or their counsel learned 
 in the law shall be reasonably devised, advised or required, so M 
 no such further assurances contain or imply any further or other 
 covenants or warranty, than against theacts and deeds of the pcr- 
 son.who shall be required to make or execute the same, and hit 
 heirs, executors or administrators only, and so as no person who 
 shall be required to make or execute such assurances, shall be 
 compellable for the making or executing thereof, to go or travel 
 from his usual place of abode. t 
 
 AND it is further declared aqd agi«ed by and between the 
 parties to these presents, that if jffcrtaM JF^ of the first pjut, 
 their successors and assigns, shall #«)i^to the said party of the 
 second part, their successors And assigns^ the said interest on the 
 days and times, uid in the manner and according to the true 
 intent and meaning of the proviso hereinbefore in that behalf 
 contained, and the said party of the second part, their ^uccessow 
 and assigns, shall and may after^ny of the times limited for such 
 payment has expif«^ have given to the said party of the first Mrt; 
 their successors ani assigns, or have left for them at their offi^. 
 in the City o^ Toronto, notice in writing, demanding payment of 
 such interest or such portion or instalment-thereof as there may 
 then be due, such notice to be addressed to the President of the 
 — parti e s of the i&rst part, and one c a lendar, mont h shall have 
 
 
 
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 elapfsed from the deliveiy or leavinj^ of such notice without such 
 payment hi^ririg been made (of which latter default in payment as 
 also of the continuance of the said principal mone^ mid interest, 
 or some part thereof on this security, the production of these 
 presents shall be conclusive evidence,) it shall and may be lawful 
 to and for the said party of the second part, their successors and 
 assigns, without, any further consent or concurrence of the said 
 party of the first part, their successors and assigns to sell and ab- 
 solutely dispose of the said lands, hereditaments and premiseii^' 
 with the appurtenances in such way and manhef as to them shall 
 seem meet, and to convey and assure the saoie when so sold 
 unto the purchaser or purchasers thereof, his, her or their heirs'" 
 and assigns, or as he, she or they shall direct and appoint 
 
 AND it ifi hereby declared and agreed that the said part^ oi 
 the s^ond part, their successors and assigns shall stand seized 
 and be possessed of the ^id lands, tenement ^nd here^itamints, 
 and of the rents and profits thereof until sale, and aft^it sale of. 
 the proceeds therefrom arising upon trust, in the first pldte tod<P 
 duct thereout all expenses which may be nei^essarily incurred in, 
 and attend the execution df the trusts and powers hereby created, 
 together with interest fbr/theisame. And after payment there<^ 
 to retain and pay unto and for them the said. principal su>n of 
 three thousand seven hundred and fifty dollan, or so muchthere^ 
 of as shall then remain unsatisfied, and all interest then due and 
 in arrear in respect thereof and after such payment, interest to 
 pay or transfer the surplus (if any) of the said rents and profits or 
 proceeds of the said sale unto the said party of the first i^trt, their 
 successors And assigns, and also to re-convey ^nd assure sucmpart 
 of the said lands^^^efeditaments and premise$ as shall remain un- 
 sold %r -any of the purposes aforesaid unto the said party of the 
 first'part their successors and assigns, or as ,.they shall direct or 
 appoint ' . 
 
 AND it is hereby further declared and agreed that the 
 receipts of the said party of the second part, their successors and 
 assigns, shall be "good and sufficient discharges for all monies 
 therein expressed to have been received, and ^t the person or 
 persons paying them any monies and taking such receipt, shidl 
 not &fter|wards' be required to see to the application thereof nor 
 be answerable or accountable' for the misapplication or non-appli^ v 
 cation of the iune. 
 
 ANp the said party of the second part do hereby for theoii' 
 selves, their successors and assigns, covenant^ furomise and.agree'^v 
 to and with the said party of the, first part, their successors 
 assigns, that no sale or notice of sale of the. said lands, heredil 
 menJ^ and premises shall be niadf or given, nor shall any 
 
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 cee^ing to get possession of the said lands be taken until su<A 
 time as one calendar month's notifte in writjng as aforesaid, shall 
 have been given to the said party of the fifst part, their successors 
 or assigns, or have been left for them at their office in th«^ City of 
 Toronto, demanding payment of the interest monies, or the 
 portion or instalment thereof which jg that time shall be due, and 
 Sesaid party of the first part, their successors and assigns^ shall 
 have made default in payment of the- same at the time, and also 
 that the said party of the second part, their successors and assigiy , 
 shall and will at any time before such Kfle or sales shall take 
 place on payment or tender by the said party of the first part, 
 their successors and assigns, of the «aid interest, or the portioh 
 thereof which at the time of such tender shall be due and owmg 
 upon or by virtue of this security with all costs of or occasioned^ 
 by such notice, and of any and every action or actions *t law or 
 ii equity brought on this moiftgnge because of said default, desist 
 fioni such sale, and all and every such action or actions, and stop 
 all further proceedings thereon ; and the same, ^d every, tod each 
 of them from the time of such tender and payment shall cease, 
 and determine, and the said default shall be by such payment or 
 tender done away with as completely .as if it had never taken 
 place, and this security shall stand and contmue to all intents 
 and purposes as if such default had not been made, and sq on 
 from time to time as long as the party of the first part shall .. 
 desire to continue the same. •- .* 
 
 %; V jpj^QVIDED always that unttt defeult shall be made in pay- 
 m^WT the said interest, or of some portion or instalment 
 thereJfch some or one of the days and times herembefore 
 limited for the payment thereof, and the said one calendarmonth 
 shall have elapsed after such default and notice as herjiiibefore 
 provided, it shall be lawful for the said par^ of the first part, 
 their successors and assigns, to hold, octupy, and enjoy the said 
 lands, hereditaments, and premises with the appurtenances with- 
 out any molestation, hindrance, ihterruption or denial, of, from, 
 or by Uw said party of the second part, their successors or assigns, 
 or any person claiming, by, from, through, under or in trtist for 
 them or ei^er of them. ^ ; .' 
 
 PROVIDED lastly that they, the said party of the second 
 part, their successors and assigns, shall not be answerable or 
 accountable for any more monies than they shall actually receive 
 by virtue of these presents, nor for any misfortune, loss, or 
 damage which may happen to the* said estate and p?;pmises m 
 • execution of the ^sts aforesaid, save and except the a^mc 
 happen by or through their own wilful neglect or default 
 
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 In witness whereof the said parties hereto have hereunto set their 
 corporate seals on the day and year first above written. 
 
 Signed, sealed and delivered ^ J. FERRIER, 
 in the presence of { Chairman. r — ^-» v 
 
 E. A. D. PAYNE, f T. W. WOOD, . { Seal. V 
 
 F. G. PALMER. ) Secretary G. T. 4. Co. ^ >-v-' ' 
 
 ri 
 
 F. H. MEDCALF,- 
 
 Mayor. . » 
 
 A.T.McCORD, 
 
 Chamberlain. ^ 
 Pro. M. B. HICK^, 
 f Acting Chaml^erlain. 
 
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 Round House Hock." OorreBpondence, &<?. 
 Forming Agreement 
 
 nf 
 
 Toronto, Sicpt. 14th, 1863* 
 
 jf G. BOWES, Esq., *) 
 
 lay<w oi the City of Toronto, > *• 
 
 Toronto* ) .. , . . 
 
 5ir:--I have to acknowledge the receipt of a copy of the pr<>- 
 bdines df the City CouncU under the corporate seal, m the mat- 
 of the sctUeraentaof the question in dispute b^t^" jj« 
 urand Trunk Railway Company of Cknada, and the Corpoiatiott:^ 
 3 the City of Toronto, and which arii'embraced in the agreement 
 wade in Quebec on the asth ul^., by Mr. Brydges acting for the 
 Companyrand Mr. Alderman Sterling acnng for the CQrporation ^ 
 of the City of Toronto. ■], '^ . ' r ^^* 
 
 In confirming the agreement aboVe referred to, the City Jjaye,^ , 
 I observe, inserted a clause ejgiressing the puipoae ^f, *h the 
 Company are to get the land in questiop, namely, the! Round 
 House Block, bounded on the east by Feter Street, o|the west 
 b^ Brock Street, on the south-by vhp^dmiU Line, »% <>njnf - 
 north by the south side of Front Street, m the City of ^orcpto. 
 
 On behoof the Grand Trunk RaawayC3ompa^|fCan^ 
 I hereby consent to the addition so made to^he «bove%itetioned 
 
 '■*f.M' '■ * 
 
 agreement 
 
 This, under the RaHway Claused Afet,<^s^ the%ran»ction 
 —no further papers are necessary uhtU the deed and mpjt|age. , 
 
 Such being the case, the Company will. pajr; the interest on 
 the thirty-five thousand dollars a» provided m the agreement M 
 the rateif^ix per cent, and it ^ run, say from this^e. ^ 
 
 • ' . ' ■, ,, ■ ,'"'■ ' ■-^■- ■ ' 
 
 ' I am your obt servant, i. 
 
 ~ v.-* ' .<•' ' .■ ■ ■ • / ■'^. -*!•■.*■• , 
 
 *^ , „ JOHN BELL, . / '-4. 
 
 Attorney and Solicitor i^r the Gpin^. Trunk lUulway Company 
 
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 ttf Canada. 
 
 
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 EXTRACT. 
 
 FVora Import No. 6 of the Standing Committee on Wharves and 
 Harbors for the year 1863, as amended and adopted ' in 
 Council on the 9th September, 1863. 
 
 Yopr committee recommend the adoption by your Worship- 
 ful Council of the conditional agreement made by Alderman 
 Sterling on behalf of the City with Mr. Bryd^es on the part of 
 the Grand Trunk Railway Company (published in the report 
 f^m the deputation to Quebec, presented to Council on the 3i8t 
 ultimo) with the understandmg that the right granted to lay down 
 rails ''on and across" Esplanade Street extends only to the right 
 to "cross" Esplanade Street as their business may require, the 
 suit in Chancery to be abandoned, each party paying their own 
 costs. Provided always, and it is understooa by the parties to 
 this agreement, that the Corporation of the City of Toronto in 
 agreeing to the sale made by this agreement to the Grand Trunk 
 Railway Company, does not intend to give the said Railway 
 Company, nor does the Company expect to receive the parcel of 
 land agreed to be conveyed for an^y other purpose than those 
 contemplated in tl^e several orOers m Council relating to the said 
 lands.. 
 
 City Clerk's Office, t , 
 
 Toronto, Sept la, 1863^ 
 
 Seal of City) J. G. BOWES, 
 of Toronto. J . , Mayor. 
 
 CHARLES 
 
 DALEY, 
 City Clerk. 
 
 A. T. McCORD, 
 
 Chamberlain. 
 
 Quebec, August a 5th, 1863. 
 
 It is agreed that all questions between the City of Toronto 
 and the Grand Trunk Railway Company, respecting the purchase 
 of lands and payment for filling, shaJl be finally settled by the 
 latter agreeing to the sum of $35,000 as the price for the Round 
 Hotise Block, and water front in front thereof for the elevator, Sec 
 
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 79- 
 
 Tat previous agreement ft^ wharves and harbors to be at 
 once completed, at the amount fixed by Fleming'& award, and the 
 sum of $35,000 to be secured by mortgage m the way and on the 
 same terms as Wharves and Harbors agreement . 
 
 The Grand Trunk Company to have ria;ht to lay down ttackj 
 "on and across" Esplanade SireeJ, between Peter and Brodc 
 Streets,tothefullextentthattheir busmcss may from time to 
 
 time render necessa./. ' ^ , { 
 
 This agreement settles all matters in dispute for land and 
 filling don?between Brock Street and Dr. Rees' property, a^jo^n^ 
 ingSimcoe Street.', 
 
 The patent for the Round House Block on the »^^« ^J^ 
 ditions, to>ue to the City, the deed to the Grand Tmnk to^ W 
 the usual deed of bargain and sale, and to <^n^ey riie^ Jands m 
 Question free from all charges, that is, by a clear title, the, «sual 
 mortgage to be made in return^ the^samc termsas menuon^ 
 above. '"'"'■ -'r-rr--- -^^~;: _:^ ^--.-.--;.--^.---_^-.— ---^.-. ,-^...---- 
 
 (Signed) .(Signed) 
 
 C. J. BRYDGES. JOHN STERLING. ^ 
 
 For G. T. R. R. Ca For City of Toron^ 
 
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 Patent for Roland House Blook. Dated June 13th, 
 1864. Registered June Mth; 1864. 
 
 Seal of Province V 
 of Cana4*« If* 
 
 MONGI^. 
 
 _iF CANADA, 
 the grace of God 
 
 ^ingcjon* pf G/eat 
 'f eland, QbktSN, de* 
 frith, etc, etc, etc . 
 
 .-M 
 
 To all to whom^ these prtsenti, 
 shall ome. Gne/inj. 
 
 Registi 
 
 lI^E, that amongst the Rolls a?*^ R«^i«^ %*5« 
 ^.e,.«.^-Jite><):the Province of Canada, in Lib. I. K.. FoMo. 
 
 150, it is thus contpmedi to wit : 
 
 PROVINCE,OF CANADA.! ^ V - 
 
 . Victoria, by the grace of God I 
 
 oftheUnited Kingdom of Great >• - . \i...^\^t»»u 
 
 Britainand Ireland, Queen, de- j To all *<> whom these presents 
 ' ' joCthe faith, etc, etc., etc. | ihallyome, Greettng. 
 
 \ 
 
 .WHEREAS, VheCorporatioiM)f^eCrtyof •^nto.^ 
 certoinordtfrs-Uf our Governor m Council of our said Province, 
 ^dTc^rtl^n license of occupation being daied on the 20th day . 
 f Ma^rin thryear of oUr Lord one thousand eight hundred 
 i3^hJee,Snderthehapdandsea' of our then. Governor. 
 |tate^taposies.sion of certain lands and premises m the said 
 Sy (whereof the lands hereby intended to be given and granted 
 fonn part) for ihe formation of an Esplanade. 
 
 And whereas, the Corponrtion -qf the City of TcHjonto, Jn 
 pursuance of the authority conferred >»ppnaiem,m J^d jy cer 
 SnXtutes of our said Province proceeded to the comtruction 
 of an Esplanade in and upon or adjoi^^ said lands. 
 
 And whereas, the Grand Trunk #w^Con^^ 
 ada, subsequently entered into possession ^^ the land add prem 
 ^hereb^intended to be giveR and V^'^'J^i'^^'t^^ 
 buUdings in the same, or on some pari thereof for the purposes 
 of the said Railway. ■ , > ^ 
 
 And whereas, divers neaotUtions and J?^^*^^;^ 
 from time to time been enterel into b^^'^^f^^Jlf^^yf J^^^ 
 and the Grand Trunk RaUway Company of Canada, in re5>cctto 
 mturs Sg out of or cppnected with the said lands Wprcm- 
 
 1-^ 
 
 
 ::-7:- 
 
 v 
 
•»"/'■ 
 
 81 
 
 ises herei^fter described and intended to be hereby given «nd 
 granted. 
 
 ^ And wherea^ it is represented lo lis, that for the purpose of 
 settling'long pending disputes between the Grand Trunk Railway 
 Compiny of Canada, and the Corporation of the City of Torpnto 
 respejdting the lands hereinafter described, and bther "^matters 
 affecting the same, the "following agreement was entered into 
 between the said ^ ties, in these words : * • 
 
 I Quebec, Aujus; »5th, 1863. 
 
 "It is agreed that all questions between the City of Toronto 
 id the Grand Trunk Railway Company respecting the purchase-.,, 
 /'of lands and payment for fiUinSf. shall be finally settled by the 
 /♦latter agreeing to the sum of thirty-five^housand dollars, as the 
 /"price for the Round House tot and water front in front thereof 
 ' "for the elevators, &c. The previous agreement for wharves and 
 "harbours to be at once completed at the amount fixed by 
 "Fleming's award, and the sum of thirty-five thousand dollars to 
 ^*be secured by mortgage in the wiy and on the same terms as 
 ••Wharves and Harbour ^[reement. The Grand Trunk Coi^pany 
 ••to have the right to lay down tracks on and across Esplanade 
 •'Street, between Peter and Brock Streets, to the full extendi 
 "that their business may from time to time render necesswy. 
 ♦•This agreement settles all matters in dispute for lands and fiU- 
 "ing done between Brock Street and Dr. Rces' property adjoin- 1 
 •♦ing Simcoe Street The patent for the Round House Block 
 ♦♦on the above conditions to issue to the City. The deed to the 
 "Grand Trunk to be the usual deed of bat|^ and sale, and to 
 "convey the lands in question free from all charges, that is, by a1 
 ♦♦clear title ; the usual mortgage to be made in return on the same 
 ••terms as mentioned above. The above agreement only indudil' 
 ••the filling done on the Round House Block; and on the lands 
 "covered by the agreement of the third and twenty-third day of 
 •'December, i86a, and no* others, and the words 'on and across 
 "Esplanade §treef shall extend only tathe right'to cross the Es- 
 ••planade Street as ^he business of the Grand Trunk R^l^^ 
 ••Company may require." 
 
 / ; •• .'■;'' ■■■''■/- 
 
 And where^ we are willing and desirous that the said 
 agreement should be carried oat Now therefore, know ye, that 
 in consideration of the premises, and in aid and furtherance of 
 the hereinafter redted agreement, We of our special gpice, c»tam 
 knowledge! and mere motion, have given and granted, W»a pY 
 tiiese presents do give and grant tmto the Corporation of me City 
 of Toronto, their sticcessors and assigns, all that certain txa^ aaa 
 parcel of Umd in the above recited agreement mentioned and de- 
 scribed as "the Round House Block," that is to say, all that tract 
 
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 or parcel of land situate in the ttid City of Toronto, and bounded 
 on the north by the south side of Front Street, on the south by the 
 line known as the "Windmill Line," on the east by the west side 
 of Peter Street, rnd on the west by the east side of Brock Street, 
 and containing by admeasurement ten acres, be the same more 
 or less, saving and excepting thereout, and reserving to the Great 
 Western Railway Company of Canada, their successors and assigns, 
 (upon payment to the Grand Trunk Railway Company ofX:anada, 
 of such sum of money as compensation therefor, as may be asoer- 
 tained as hereinafter provided,) a right of wav in, through ana 
 upon the piece or parcel of land hereinbefore proy^*"' "1? 
 hereby given and granted for the purposes of a raibirtiy tracK. 
 And which said i;ight of way is hereby defined and p^ »cnbed to 
 consist in a width of six feet, produced on either Vide from the 
 centre of the Railway track, as heretofore Uif down betwewi 
 Peter Street and Brock Street, hereinbefore mentioned, by the 
 Great Western Railway Company of Canada, and now occupiea 
 and used by the last mentioned Compan/for such purposes, and 
 a plan of which said Railway track, whereof such right of way 
 is hereby reserved, shall be made and certified by a duly qualified 
 land surveyor, and filed or deposited within a period of six 
 months from the date of these our letters patent m the office ot 
 our Provincial Registrar, and in the Registry Office of the Gity oi 
 Toronto aforesaid, and which said ri^ht of way, as herein defined 
 \and prescribed, shall be liable from time to time, to be varied by 
 the substitution of a right of way, to the same extent as afores«d, 
 to the said Company for railway purposes, in, through and upon 
 such other portion of the said piece or parcel of land between 
 Peter Street and Brock Street, hereinbefore mentioned "»«» here- 
 by given and granted as may be agreed upon between the Grand 
 Trunk Railway Company of Canada, their successors and assigns, 
 and -the Great Western Railway Company of Canada, their suc- 
 cessors and assigns, or in ca§e of disagreement may be determined 
 ' by arbitration as hereinafter mentioned, and which said right ot 
 way (upon payment therefor as hereinbefore mentioned) whether 
 as hereinbefore defined and prescribed, or f[ varied as bereinbe- 
 fore mentioned, shall be held, used and enjoyed by the said the 
 Great Western Railway fiompany of Canada, subject to the right, 
 ' condition and power of the Grand Trunk Railway Company of 
 Canada, to cross such right of way, and the track of the said the 
 Great Western Railway Company of Canada, thereon existing, as 
 often and in such manner as may be necessary for the purposes 
 of their business. And also subject to payment by the Great 
 Western Railway Company of Canada, their successors and as- 
 signs, to the Corporation of the Grahd Trunk Railway Company 
 of Canada, their successors and assigns, of such sum of money 
 as shall be reasonable and adequate compensation therefor. And 
 as to which right of way, hereinbefore reserved, whether the same 
 
 ■*.— - 
 
88 
 
 9S& 
 
 be that defined and prescribed or var^ At hereinbefore men- 
 tioned or the crossing thereon, by the Grand IVunk Railway Com- 
 pany of Canada, or upon the track theVeon existing, or the points - 
 or manner of such crossing or the amount of compensation to be 
 paid by the Great Western Railway Company of Canada, as afore- 
 said, any disagreement shall be determined by arbitration and 
 award, to be origjinated and conducted under, and in pursuance 
 of the sixty-sixth Chapter of the Consolidated Statutes of Can- 
 ada, entitled "An Act respecting Railways," to have and to hold 
 the same and every part thereof unto the said The : Corporation 
 of the City of Toronto, their successors and assigns forever, saving, 
 excepting, and reserving, nevertheless, unto us, our heirs and suc^ 
 cessors all mines of^gold and silver, and . the free uses, passage 
 and enjoyment of, in over and upon all navigable waters that 
 shall or may be hereaftet foUnd on, or under, or be flowing 
 through or upon any part of the said piece or parcel of land here- 
 by granted as aforesaid ; subject, however, to and upon the exprMS 
 trusts and conditions following, that is to say : - ^ 
 
 Firstly. That no claim or demand of any kind or nature jk)-- 
 ever shall be madeMJr preferred by the Corporation of the City of 
 Toronto, their successlors or assigns, or by the Grand Trunk Rail- 
 way Company of Canada, their successors or assigns or any party 
 claiming, by, from, through or under them, or any or either of 
 them, upon or against ui, our heirs and successors Respect 
 of the said lands and premises hereby given andOhmted, 
 or in respect of any work, labor or money made, expendedSbd laid 
 out, or liabilities incurr^pd in respect thereof by them ojrcither of 
 them, in or upon the lands and premises hereby given and grant- 
 ed, or the levelling, excavation or filling up of the same or an/ 
 part thereof, whether in the construction of an Esplanade in, or 
 upon, or adjoining the said lands and premises, or ii^p the pre- 
 paration of the same for Railway purposes or; otherwise; howso- 
 ever. . •" 
 
 ' And further, that the grant made by these our letters patent, 
 is and shall be held and taken in full release and dischaige of any 
 alleged 01; possible claim or demand of any nature -or kiajh^ever 
 as aforesaid which might or may be made by the Corporation of 
 the City of Toronto, or the Grand Trunk Railw^iy Company of 
 Canada, or either of them. _, 
 
 Secori^. That they the Corporation of 
 ronto, do and shall with all reasonable dispat( 
 agreement hereinbefore recited, and do upon t 
 expressed for the purposes*of their Railway convey 
 Trunk Railway Company of Canada, their successors 
 all the lands hereinbefore described and heteby given 
 
 of To- 
 
 out the 
 
 therein 
 
 Grand 
 
 ^^signs 
 
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 e-ccept the Esplanade of one hundred feet in w!d;h at conttnitt- 
 ed and extending through the said land* hereby giycn^ a»d 
 k.anted, and also saving and reserving; out of the* said lands 
 hereby given and granted the casement or right of way to the 
 Great Western Railway Company of Canada, hcreir\ re»c»/cd m 
 such exi)res8 manner and terms as the same is hereinbefore saved 
 and reserved, and that such deed of conveyance so to be given 
 by the Coiporation of the Ciiy of Toronto to the Grand Irunk 
 Railway Company of Canada, their successors and assigns sir - 
 be given on the teims and for ihe consideration in the agreement 
 hereinbefore recited, expressed, and in pursuance thereof. 
 
 Thirdly. That nothing in these our leltcrs patent contained 
 |h''l be taken as rfrecting any ab.cemcnt heretofore made between 
 ^the Grand 'I>unk Railway Company of Canada, and the Coipora- 
 tion of the City of Toronto refpecUng rig'.it of way on the said 
 
 Esplanade. 
 
 of our Province of Canada. Wit- 
 loved cousin, The Right Honor- 
 tonck, Baron Monck of Bally- 
 Lrd, Governor-General of British 
 -.acral, and Govemor-in-Chief in 
 
 «nu over uu. ..w,. Jda, Nova Scotia, New Brunswick, 
 
 and the Island of Prince Edward, and Vice-Admiral of the same, 
 etc., etc., etc., at Quebec, this thirteenth day of June, in the year 
 of our Lord one thousand eight hundred and sixly-four, and in 
 the twenty-seventh ym of our reiga, *- . 
 
 By command of His Excellency in Council 
 
 Given under the fe. eat 
 ness our right ti a««^y, and 
 able Charles Stanley, Vis 
 triimmon, in the County 
 Nor.h America, anii Ca[ 
 and over our Provinces of 
 
 JOHN SIMPSON, 
 Secretary. 
 
 ANDREW RUSSELL, 
 Ais't Commissiorir of Crown Lpnds. 
 
 All which we have commanded to be exemplified. 
 
 Given under the great seal of our Province of Canada. Wit- 
 ness our right trusty, and well beloved cousin, the Right Honpr- 
 able Charles Stanley Viscount Monck, Baron Monck of Bally- 
 irammon, in the County of Wexford ; Governor-General of Bntuh 
 North America, and Captain-General and Govemor-m-Chief p 
 and over our Provinces of Canada, Nova Scotia, New Brunswick, 
 and the Island of Prince Edward, and Vicc-Admiral of the same, 
 etc., etc, etc, at Quebec, thU eighteenth day of June, in th? ycr*- 
 of our Lord one thousand eight hundred and sixtyfour, and m 
 thcltwemy-ieventh year of our reign. 
 
 ^ By Command 
 
 (Signed) 
 
 ( 
 
 JOHN SIMPSON^ 
 
 Secretary. 
 
 1.1. 
 
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 Deed dated June 22nd, 1864 Regis 
 
 25th, 1864. 
 
 THIS INDENTURE made this twenty-second day of June, 
 in the year of our Lord one thousand eight hundred and sixty- 
 four, by and between the Cor|)oration of the Cit/ of Toronto, of 
 the first part, and the Grand Trunk Railway Compaay of Canada, 
 of the second part. 
 
 WHEREAS, tinder a patent from the Crown, the party Of 
 the first part hold the lands hereinafter described in trust to con- 
 vey the same to the party of the second part, upon the terms in 
 the said patent mentroned for the consideration of thirty-five 
 thousand dollars to be secured by way of mortgage upon the said 
 premises as a first charge or lien thereon, the mortgage to be con- 
 ditioned, that so long as the party of the second part pay the 
 interest upon the said principal money in the manner and at 
 the time* agreed upon, they may retain and keep the said pur- 
 chase money in their hands. 
 
 AND WHEREAS, the parties hereto^e desiroiis of 
 consummating the said agreement and carrying out the said 
 trusts. 
 
 TH£REF0RE this indenture witne^th that for and in 
 consideration of the said sum of thirty-five thousand dollars so to 
 be secured by way of mortgage as aforesaid, and in consideration 
 of the premises aforesaid, and in pursuance of the trusts in the 
 said patent mentioned and specified, they the party of the first 
 part have and hereby do l^argain, sell, assign, transfer, enfeoff, 
 convey and confirm unto the party of the second part, all that 
 cerUin tract and parcel of land and premises, situate, lying and 
 being in the City of Toronto, in the County of York,«nd Province 
 of Canada, and more particiUarly described as follows, that is to^ 
 •ay : All that tract or parcel of land bounded on t;|ie north by the 
 souUi side of Front Street, on the sou^ by the line known as the 
 Windmill Line, on the east by the line of the west side of Peter 
 Street, and on the west by the line of the east side of Brock 
 Street, and containing by admeasurement ten acres, be the same 
 more or less, together with all houses, ways, . waters and water- 
 
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 courses,' rigt^ts, privileges and appurtenances, thereunto belong- 
 *ing or in anywise appertaining, saving and excepting thereout the 
 hundred feet across the lot known as the Esplanade, and also 
 .subject to the reservations of the patent, part whereof are expressed 
 in these words 1 " Saving and excepting thereout, and reserving 
 " to the Great Western Railway Cdmpany of Canada, their suc- 
 " cessors and assigns, (upon payment to Grand Trunk Railway 
 " Company of Canada,^ of Such sum. of mon<!y as compensation , 
 "therefor, as may be ascertained as hereinafter provided) a right 
 "of way, in, through and upon the piece or piircel of land here- 
 " inbefore mentioijed, and hereby given and- granted for the pur- 
 " poses of a Railway Track, and which said right of way is here- 
 " by defined and prescribed to consist in a width of six feet, 
 " produced-on either side (mm the centre of the Railway Track, 
 "as heretofore laid down betweMi- Peter Street and Brock Street, 
 " hereinbefore mentioned by the Great Western Railway Company 
 " of Canada, and now occupied and used by the last mentioned 
 ""Company for such purposes, and a plan of which said Railway 
 " Track, whereof such right of way is hereby reserved shall be made 
 " and certified by a duly qualified Land Surveyor, arid filed ot de- 
 " posited within a period of six months from the date of these our 
 " letters patent, in the office of our Provincial Registrar, and in the 
 " Registry Office of the City of Toronto aforesaid, and. which said 
 " right of way as herein defined and prescribed, shall be liable from 
 " time to time to be varied by the substitution of a right of way „, 
 " to the same extent as aforesaid, to the said Company for Railway' 
 "purposes, in, through and upon such other portion of the sail 
 " piece or parcel of land between Peter Streerknd ^rock Street 
 " hereinbefore mentioned, and hereby given and granted, as may 
 " be agreed upon between the Grand Trunk Railway Company of 
 " Canada, their successors and assigns, and the Great Western 
 " Railway Company of Canada, their successors and assigns, or 
 " as m case of disagreement may be determined by arbitration as 
 " hereinafter mentioned, and which right of way (upon payment 
 "therefore as hereinbefore mentioned) whether as hereinbefore de- 
 " fined and prescribed, or if varied as hereinbefore mentioned, 
 " shall be held, used and enjoyed by the said the Great Western 
 " Railway Company of Canada, subject to the right, condition and 
 " power of the Grand Trunk Railway Company of Canada, to cross 
 "such right of way and the track of the said the Great Western 
 " Railway Company of Canadvthereon e^dsting as often and in 
 "such manner as may be necessary fof the purposes of their 
 " business, and also subject to payment by the Great Western 
 " Railway Company of Canada their successors and assigns, to the 
 " Corporation of the Grand Trunk Railway Company of Canada 
 "their successors and assigns, of such sum of money as shall be 
 *f reasonable and adequate compensation therefor, and as to which 
 " right of way hereinbefore reserved) whether the same be that de- 
 
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 reserving 
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 ipensation , 
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 ay Track, 
 ck Street, 
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 lentioned 
 i Railway 
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 led Of de- 
 
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 and in the 
 jrhich said 
 [able from 
 [ht of way .,, 
 r Railway' 
 fthesara 
 )ck Street 
 J, as may 
 »mpany of 
 
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 isigns, or 
 tration as 
 
 payment 
 )efbre de- 
 entioned, 
 t Western 
 iition and 
 a, to cross 
 t Western 
 n and in 
 s of their 
 
 Western 
 ;ns, to the 
 f Canada 
 
 shall be 
 5 to which 
 e that de- 
 
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 " fined and prescribed or varied as herein before mentioned, or, the 
 " crossing thereon by the Grand Trunk Railway Company of 
 '* Canada, or upon the track thereon existing, or the points or 
 -" manner of such crossing, or the amount of compensation to be 
 " paid by the Great Western Railway Company of Canada as 
 " aforesaid, any disagreement shall be determined by arbitration 
 " and award, to be originated and conducted under and in pur- 
 " suance of the sixty-sixth Chapter of the Consolidated Statutes of 
 " Canada entitled. Aft. Act respecting Railways," to have and to 
 hold the same and every part thereof unto the said party of the 
 second part, their successors and assigns, to the use of the party 
 • of the second part, their successors and assigns |or ever. And 
 that the party of the first part hereby for themselves, their suc- 
 cessors and assigns, covenant, promise and agree to and with the 
 party of the second part, their successors and assigns, in manner 
 following, that is to say : — - • 
 
 THAT for and nothwithstanding any act, deed, matter, or 
 thing by the. said party of the first part, done, executed, or corh- 
 mitted or knowingly or wilfully permitted or suffered to the 
 contrary, they, the said party of the first part now have in them- 
 selves, good right, full power, and absolute authority to convey 
 the said lands and other the premises hereby conveyed or intend- 
 ed so to be, with their and every of their appurtenances, unto the 
 said party of the second part, in manner aforesaid and according 
 to the true intent aiid meaning of these presents, and that it shall 
 be lawful nothwithstanding any such act, deed, matter, or thing, for 
 the said party of the second part, their successors and assigns 
 from time to time, and at all times hereafter, peaceably and quj^k 
 ly to enter upon, have, hold, occupy, possess, and enjo^pW 
 said lands and premises hereby conveyed or intended so toffee ' 
 with their and every of their appurtenances, and to have, receive' 
 and take the rents, issues, and profits thereof, and of every* 
 part thereof, to and for their own use and benefit, without 
 any let, suit, trouble, denial, eviction, interruption, claim, or 
 demanfl whatsoever of, from, or by them, the said party of 
 the first part, or their successors or assigns, or any person 
 claiming or to claim by, from, under, qr in trust for them or 
 any of them. And that free and clear and freely and ab- 
 
 *4 solutely acquitted, exonerated, and forever discharged or 
 otherwise by the said party of the first part, or their successors 
 and assigns, well and sufficiently saved, kept harmless, and in- 
 demnified, of, from, and against any and every former and other 
 gift, grant, bargain, sale, jointure, dower, use, trust, entail, will, 
 statute, recognizance, judgment, execution, extent, rent, annuity, 
 
 . forfeiture, re-entry, and every 6ther estate, title, charge, trouble, 
 and encumbrances whatsoever made, executed, occasioned, or 
 suffered by the said party of the first part, their successors and 
 
 
 
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 assigns, or by any person claiming, or to claim, by, from, under, 
 Tr iTtrust for them or any of them. And lastly, that they, the 
 said party of the first part, their successors and assigns, and all 
 and. every other person having or claimmg, or who shall or may 
 hereafter have or claim any estate, right, title.or mterest whatso- 
 evei', either at law or in equity, in, to or out of the said lands and 
 premises hereby conveyed or intended so to.be, or arty of them, 
 ox any part thereof, by, from, under, or m tr^jst/or /hem or any 
 of them, shall and will from time to time, and at all times here- 
 after upon every reasonable requesfi^nd at the costs and charges 
 of the said party oNiie second part, their successors and assigns, 
 make, do, execute, or cause to be made, done or executed, all. 
 such further and other lawful acts, deeds, things, devices, convey- 
 " ances, and assurances in the law whatsoever for the better, more 
 Perfectly and absolutely conveying and assuring the said lands 
 Mid premises hereby conveyed Or intended so to be, and every 
 part thereof with their appurtenances unto the said party ol the 
 second part, their successors, and assigns, in manner aforesaid as 
 by the said party*of the second part, their successors or assigns, 
 or by their counsel learned in the law, shall be reasonably devised, 
 advised or required, spas no such further assurance contain or 
 \ imply any further or other covenant or warranty^ than agamst the 
 Vts and deeds of the person who shall be required to make ^ or 
 ekecute the same, and his heirs, executors, or admimstratorsorUy ; 
 ana as no person who shall be required to make or execU|M||i 
 assuraiices shall be compellable for the tnalcing^or e^Mpg 
 thereof,St^ go or travel from his usual place of abode. ^^ • A 
 
 IN WI^ESS whereof the said parties to thes^ presents 
 havehereuntoXt their hands and affixed their corporate seals 
 the day and year'fijst above written. * . 
 
 Signed, sealed and deltoed 
 by the witl^ named party^Qf 
 the first part, in presence. (^ 
 
 J. W. HETHE^IIJGTON, 
 ^\ • F. H. MEDCALF, M^yor. 
 
 A. T. McGORD, Chamliferjain. 
 
 \. 
 
 X; 
 
 Seal of City 
 of Toronta 
 
 'X 
 
 "V, 
 
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 89 
 
 Mortgage for sQCuring Payment of $35,000, and 
 Interest. Dated June 22nd, 1864. 
 ~ Registered June 22nd, 11^64. 
 
 THIS INDENTURE, made the twenty-second day of June, 
 in the year of our Lord one thousand eight hundred and sixty- 
 four, by and between the Grand Trunk Railway Company of 
 Canada of the first part, and the Corporation of the City of To- 
 ronto of the second part. 
 
 Whereas the Crown dic^by letters patent grant the lands 
 hereinafter described to the party hereto of the second part, upon 
 trust to convey the same to the party hereto of the first part for 
 the consideration hereinafter named, and upon the terms in the 
 said Patent expressed, f* * 
 
 And whereas the.said party of the second part have by deed , 
 bearing even date herewith in puVsuance of the said trusts in said 
 Patent expressed, conveyed the said lands hereinafter described 
 to the party hereto. of the first part for the sum of thirty-five- - 
 thousand dollars, to be secured and paid as is hereinafter set 
 forth. \ 
 
 Therefore this Indenture witnesseth that in pursuance of 
 the agreement set out and recited in the said letters Patent, and 
 for the consideratior^ of thirty-five thousand dollars of lawful 
 money of Canada, the purchase ip<Jhey of said lands so to be se- 
 cured by mortgage as aforesaid^ and as is above recited, and 
 which purchase money is to be the first lien and charge upon 
 the said lands as aforesaid, they, the party of the first part have 
 and hereby do bargain, sell, assign, transfer) enfeoff, convey and 
 confirm unto the party of the second part. 
 
 AH that parcel or tract of land and premises in the City of 
 Toronto, which may be described as follows, that is to say :— ^ 
 
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 90 
 
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 All that tract and parcel of land in the said City of Toronto, 
 bounded on the north by, the south side of Front Street, on the 
 south by the line known as the Windmill Line, on the east by the 
 west side of Peter Street, and on the west by the .east side of 
 Brock Street, and containing by admeasurement ten acres be the 
 same more or less, together with all houses, ways, waters and 
 watercourses, rights, privileges and appurtenances thereunto be- 
 longing or in any wise appertaining, saving %.nd. excepting there- 
 out the hundred feet across the said lot known as the Esplanade, 
 and subject to the reservations of the Pateutpart whereof are ex- 
 pressed in these words, that is to say : Saving anU excepting 
 thereout and reserving to the Great Western Railway Company 
 of Canada, their successors and assigns (upon payment to the 
 Grand Trunk Railway Company of Canada of such sum of money 
 as compensation therefor as may be ascertained as hereinafter 
 provided) a right of way in, through and upon the piece or parcel 
 of l*id hereinbefore-motioned, and hereby given and granted, 
 for the purpose of a kailway track, and which said right of way is 
 hereby defined and prescribed to consist in a width of six feet, 
 produced on either side from the centre of the Railway track as 
 hereinbefore laid down between Peter Street and Brock Street, 
 hereinbefore mentioned by the Great Western Railway Company 
 of^Canada, and now occupied and used by the last mentioned 
 . Company for such purposes, and a plan:.of which said Railway 
 track whereof a right of way is hereby reserved shall be made 
 and certified by a duly qualified land surveyor and filed or regis- 
 tered within a period of six months from" the date of the saiid 
 letters patent in the office of th^ Provincial Registrar, and in the 
 Registry Office of the City of Toroitfo aforesaid, and which said 
 right of the way as herein defined -and pr^^cnbed, shall be liable 
 from time to time to be varied by the substitution of a nght of 
 way to the same extent as afof^id to the said Company for 
 Railway purposes in, through and upon such other porUon of the 
 said piece or parcel of land between Peter Street and Brock 
 Streetiiereinbefore mentioned and hereb^given and granted as 
 may be agreed upon between the Grand Truuk Railway Company 
 of Canada, their successors and assigns, and the Great Western 
 Railway Company, their successors and assigns, or as m\case ot 
 disagreement may be deterrbined by arbitration as hereinafter 
 mentioned, and which said right of way (upon payment therefor 
 as hereinbefore mentioned whether as hereinbefore defined and 
 prescribed, or if varied as hereinbefore mentioned) shall be held, 
 used and enjoyed by the Great Western Railway Comply of 
 Canada, subject to the right, condition and power of the Grand 
 Trunk Railway Company of Canada, to cross such nght of way 
 and the track of the said Great Western Railway Company of 
 
 .,^ 
 
 J 
 
n 
 
 91 
 
 Canada thereon existing as often and in such manner as may be 
 necessary for the purposes of their business, and also subject to 
 payment by the Great W^tem Railway Company of Canada? 
 thenf successors and assigns! to the Corporation of the Grand 
 Trank Railway Company on Canada, their successors and assigns 
 of such sum of money as shlll be reasonable and adequate com- 
 pensation therefor, and as to\ which right of way hereinbefore re- 
 served, and whether the samA be that defined and prescribed or 
 varied as hereinbefore pientioned, or the crossing thereon by the 
 Grand Trunk Railway Company of Canada or upon the track 
 thereon existing or the points or manner of such crossing, or the 
 amount of coilnpens^tion to b'e paid by the Great Western Railway 
 Company of Canada as aforesaid. Any disagreements shall be de- 
 termined by arbitration and award to be originated and conducted 
 under and in pursuance of tne sixty-sixth chapter of the Con- 
 solidated Statutes of Canada, entitled "An Act respecting Rail- 
 ways." • ' . , 
 
 ^To have and to hold the same and every part thereof unto 
 the said party of the second part, their successors and assigns, to 
 the use of the said party of t|ie second part, their successors and. 
 assigns for ever. 
 
 Provided nevertheless, that if the said party of the first ;part 
 their successors and assigns do and shall well and truly pay or 
 cause to be paid unto the said party of the second part, their suc- 
 cessors and assigns, the interest upon the sum of thirty-five thous- 
 and dollars at the rate of six per cent, per annum, computing 
 from the said thirteenth day of September, now last past ; such 
 payment to be made half yearly, on the thirteenth day of March 
 and the thirteenth day of September, in each and 'every year, 
 computing as aforesaid, the payment due on the thirteenth day 
 of March no^ last past, having been paid before the execution 
 hereof, and shall and do at any time during the continuance of 
 this mortgage pay up all arrears of interest, and pay the said, 
 principal money, then, and in such case this mortgage an^ evenr- 
 thing herein contained, shall be null and void, it being the condi- 
 tion upon which this mortgage is given, that so long as the said 
 interest is paid at the rate aforesaid and in the manner afore- 
 said, that the principal money above mentioned shall remain in 
 the hands of the party of the first part, and that the party of the 
 . second part, th^ir successors and assigns shall not have the right 
 to take proceedings to collect or get in the said principal money 
 until after the party of the first part shall have made default in 
 making such payments of interest, and such default shall have 
 continued for the period one month after such payments of inter- 
 est or any of them shall have become due and payable. 
 
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 y 
 
 ^- xl 
 
Ir 
 
 I 
 
 :' I* 
 
 92 
 
 Provided also that the party of the first part, their successors 
 and assigns shall have the right at any time to pay up the princi- 
 pal money and interest at the rate aforesaid, to the time of male- . 
 ing sueh payment. And in such case the party of the second 
 part will at once discharge this mortgage or assign the same to 
 such person or persons as the party of the first part may direct 
 
 And the party of the first part hereby for themselves, their 
 successors and assigns, covenant, promise and agriee to and with 
 the said party of the second, part, their successors -and assigns, 
 that th^y will well and mily pay ot cause to be paid to the party 
 of the secohd part, theimuf cessors or assigns, the said interest at 
 the rate aforesaid Hn half-yearly payrnents on the days and times, 
 and in manner in the said proviso mentioned without any deduc- 
 tion or abatement ^atever, according to the true intent artd 
 meaning of these presents, and will in the case above Supposed of 
 default in the payment of interest which shall have continued for 
 the period of one monyi, (which is a calendar month) pay the 
 principal mohey. 
 
 And also that, for dtid notwithstanding any act, deied, mat- . 
 ter, or thing by the said party of the first part done, executed, or 
 committed, or knowingly, or willfully permitted or suffered to the 
 contrary, they, the said party of the first part now have in them- 
 selves good right, full power and lawful and absolute authority to 
 convey the said lands and other the prernises hereby conveyed 
 or intended so to be with their arid every of their appurtenances 
 unto the said party of the second part in manner aforesaid and 
 according to the true intent of these presents, and that it shall be 
 lawful, notwithstanding after default sliall have been made in pay- 
 ment of the said interest or any part thereof on the days and 
 times at the rate and in the manner contrary to the proviso here- 
 inbefore contained, and the period of one calendar rooiith shall 
 have 61apsed after the making of such default for the said party 
 ' of the second part, their successors and assigns,^ from time to 
 time and at all times thereafter pfeaceably and quietly to enter 
 upon, ifave, hold, use, occupy, possess and enjoy the said lands and 
 premises hereby conveyed or intended so to be with their and every 
 of their appurtenances, and to have, receive, and take the rents, 
 issues and profits thereof, and of every part'thereof to and for 
 their own use and benefit without any let, suit, trouble, denial, 
 eviction, interruption, claim or demand whatsoever, of, from or 
 by them, the said party of the first part, their successors or assigns, 
 or any person claiming or to claim by, frony undea: or in trust for 
 them or any of them. And that free, andcTear, inikfreely and 
 absolutely acquitted, exonerated and for ever discharged or 
 othenvise, bv the said party of the first part, their suqpessors or 
 
 .J 
 
 \/ 
 
98 ^ 
 
 assigns, well and sufficienriy saved, kept harmless, and indemni- 
 fied of, from, and against any and every former and other gift, 
 grant, bargain, sale, jointure, dower, use, trust, entail, will, statute, 
 recognizance, judgment, execution, extent, rent, annuity, forfei- 
 ture, entry, and any and every other estate, title, chKrge, trouble, 
 * and incumbrance whatsoever made, executed, occasioned, or 
 suffered by the said party of the first part, their successors or as- 
 signs, or by any person claimmg or to claim by, from, under, or 
 in trust for them or any of them. 
 
 And also .that after such default and such period of one cal- 
 endar month has elapsed as aforesaid, that they, the said party of 
 the first part, their successors and assigns, and all and evety other 
 person whomsoever having or claiming, or who shall or may here- 
 after have or claim any estate, right, title, or interest whatsoever 
 either at law or in equity, in, to, or out of the said lands and pre- 
 mises hereby conveyed or intended so to be, or anjt^of thei^or any 
 part thereof, by, from, under, or in trust for them or any *them, 
 shall and will from time to time, and at all times hereafter upon 
 every reasonable request and at the costs and charges of the said 
 party of the second part, their successors and assigns, make, do, 
 <. and execute, or qiuse to be made, done, and executed, all such 
 
 4^4 further and other lawful acts, deeds, things, devices, conveyances, 
 and assurances in the law whatsoever for the better, more perfect- 
 ly and absolutely conveying and assuring the said lands and 
 premises hereby conveyed or intended so to be, and every parVy 
 thereof with their appurtenances unto the said party of the secOjK 
 part, their successors and assigns, in manner aforesaid as by tBil 
 said party of the second part, their successors or asssigns, ortheir 
 counsjel learned in the law, shall be reasonably devised, advised, 
 or required so as no such further assurances coritain or imply any 
 furthey or other covenants or warranty than againsfthe acts and 
 deeds of the person who shall be required to make and 
 . execute the same, and his heirs, executors, and administrators only, 
 and so as no person who'shall be required to make or execute 
 such assurances shall be comj^llable for the making Or executing 
 thereof, to go or travel from his usual place of Abode. 
 
 And it is further declared and agreed by and between the 
 parties to these presents, that if the said party of the first part, 
 their successors or assigns, shall not pay to the said party of the 
 second part, their successors or assigns,, the said interest on the 
 days and times, and in manner and according to the true intent 
 and meaning of the proviso hereinbefore in that behalf contained, 
 : and the said party of the second part, their successors • and as- 
 signs, shall and may after any of the times liniited for such pay- 
 ment has expired have given to the said party of the first part, 
 their successors and assigns, or have left for them at theur 
 
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 ,04 
 
 office in the City of Toronto, notice in writing demanding 
 payment of the said interest or such portion or instalment thereof 
 M tiere may be then due, such notice to be addressed to the 
 President of the «aid parties of the first part, and one calendar 
 monll shall have elapsed from the delivery or leaving of such 
 not'ce without such payment having been made (of which latter 
 default in payment as also of the continuance of the said princi- 
 pal mon«y and interest or sohie part thereof, on this security the 
 production of these presents shall be conclusive evidence) it shall 
 and may be lawful to and for the saii^l .party of the second part, . 
 thei? successors and assigns, without anv further consent or ^ 
 concurrence of tho said party of the first part, their suc- 
 cessors and assigns, to sell and absolutely dispose of the 
 said lands, hereditaments, and premises with the appurtenances 
 in such way and manner as to them shall seem meet, and to con- 
 vey and assure the same when so sold unto the purchaser or 
 purchasers, his, her, or their heirs and assigns, or as he or they 
 shall direct and appoint. 
 
 And it is hereby declared and agreed that the said party of 
 the second part, their successors and assigns, shall stand seizedj 
 and be possessed of the said lands, tenements, and hereditaments, 
 and of the rents and profits thereof until sale and after sale of the 
 proceeds therefrom arising : Upon trust in the first place to de- 
 duct thereout all expenses which may be necessarily incurred in, 
 and attend the execution of the trusts and powers hereby created 
 together with interest for the same, and after payment thereof to 
 retain and pay unto and fpr them, the said principal sum of 
 thirty-five thousand dollars, or So much thereof as shall then re- 
 main unsatisfied and all interest then due and in arrear in respect 
 thereof, and after such payment in trust,' to pay or transfer the 
 surplus (if any) of the rents and profit^ or proceeds, of the said 
 sale unto the said party of the first part, their successors and 
 assigns, and also to re-convey and assure such part of the said 
 lands, >hereditaments, and premises as shall remain unsold for any 
 of the purposes aforesaid unto the said patfy of the first part, 
 their successors and assigns, or as they shall direct. And it is 
 hereby further declared and agreed that the receipts of the said 
 party of the second part, their successors and assigns, shall bq 
 good and sufficient discharges for all moneys therein expressed to 
 have been received, and that the person or persons paying them 
 any monies and taking *»«li receipt shall not afterwards be re- 
 quired to see to the application thereof, nor be answerable or ac- 
 countable for the misapplication or nonapplication of the same. 
 
 And the said'party of the second part do hereby for them- 
 selves, their successors and assigns covenant, promise and agree 
 to and with the said party of the first part, their successors and 
 
06 
 
 assigns, that no sale or notice of sale of the said lands, heredita- 
 ments, and premises shall be made and giver) until such time as 
 one calendar months' notice in writing as aforenaid, shall have 
 been given to the said party of the first part, their successors or 
 assigns, or have been left for them at their office in the City of 
 Toronto, demanding payment of the interest monies or the por- 
 tion or instalment thereof, which at that time shall be due and 
 the said party of the first part, their successors and assigns, shall 
 have made default in payment of the same at that time. 
 
 And also that they, the said party of the second part, their 
 successors and assigns, shall and will at the expense of the said 
 party of the first part, their successors and assigns, at any time 
 before such sale or sales shall take place ^n payment or tender by 
 r the said party of the first part, their successors or assigns, of the 
 said interest or the portion thereof which at the time of such 
 tender shall be due and owing upon or by virtue of this security 
 . with all costs as aforesaid, that is, which may have been incurred 
 in any action or actions, and by notice of sale delist from such 
 / sale, and the said default shall be by such payment done away 
 V with, and this security shall staAd and continue to all intents and 
 ' purposes as if such default had not been made, and all and every 
 action either at law or in equity to enforce payment of principal 
 and interest, or either, or for possession of said premises shall 
 thereupon cease and be determined and so on from time to time, 
 80 long as the party of the first^part shall desire to continue the 
 same. ^ ., 
 
 Provided always that until dfi^t shaH be made in payment 
 
 of ilie said interest or of some p(Hfc oi^ instalment thereof on 
 sorte ,or one of the days and tim»'%ereinb^fore limited for the 
 ^ymoiil'niereof, and the said one calendar month shall have 
 elapsed after such default as hereinbefore provided, it shall be 
 lawful for th» said party of the first part, their successors and as- 
 signs, to hold, occupy, and enjoy the said lands, hereditaments, 
 and premises with the appurtenances, without any molestation, 
 hindrance, interruption, or denial, of, from, or by the said party 
 t)f the second part,, their successors or assigns, or any person 
 claiming by, from, through, under, or in trust for them or either 
 of them. 
 
 Provided lastly that thejfTthe said party of the second part 
 their successors or- assigns, shall not be answerable or account- 
 able for any more monies than they shall actually receive by virtue 
 of these presents, nor for any misfortune, loss or damage, which 
 may happen to the said estate and premises in the execution of 
 the trusts aforesaid, save and accept the same shall happen by or 
 through their own wilful neglect or default 
 
 V, 
 
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 96 
 
 •« 
 
 In witness whereof, the said jmrties of the flrtt and fecond 
 
 fiarts have hcrcimto affixed their corporate seals on the day And » 
 n the year first above written. 
 
 The Grand Trunit Railway \ 
 
 Company of Canada by { 
 
 C. J. BRYDGES, ( 
 
 Managing Director. / 
 
 T. WOOD, 
 
 Secretary. 
 
 .{ Seal. J 
 
 * 
 
 F. H. MEDCALF, Mayor. / • v 
 
 A. T. McCORD, Chamberlain, -J Seal. J 
 
 Signed, sealed and deliv- ) 
 ered in the presence of f 
 
 Wm. WAINWRIGHT, 
 E. A. D. PAYNE. 
 
 ^H? h 
 
 I Wi\ 
 
 : ', 
 
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 07 
 
 • * 
 
 
 
 Land between Yftrk '$Xld' SUftcoe Streets. For 
 Patent covering thlfl lot see Appendix " A." 
 
 Reeolution of Oity Council, dated May 14th, 1866. 
 
 RESOLVED thl^ the ChambcrUiin of the City of Toronto 
 do forthwith affix the Conwration Seal of the said «ity to the 
 agreement between the Corporation of the City of Toronto, and the 
 Grand Trunk Railway Company of Canada, respecting certain lands 
 situated in this city between Simcoe and York Streets, and south 
 of Front Street, and which lands are described in said agreement, 
 and which agreement with the said Company is authorized by a-, 
 resolution of this Council and has been ajjproved by the Wharves 
 and Harbors Committee, and the city solicitors, pursuant to the 
 said resolution, and th)it the said se^ be also* forthwith ailwed to 
 a copy o^this resolution. I 
 
 Toronto, City Clerk's office, May "I 
 iSth, ;866. 
 
 JOHN J. VICKERS, 
 Presij^nt of the Council at the 
 ineetiAg thereof on the 14th day 
 of May, i86d., ) 
 
 Adopted in Council, May 
 14th, 1866. 
 
 STEPHEN RADCLIFF, 
 Assistant' C. C* C. 
 
 I certify this is not incorrect 
 
 F. H. MEDCALF, 
 
 Mayor. » 
 A. T. McCORD, 
 
 •! Chamberlain. 
 
 f Seal of City 
 ( ofToronta 
 
 y 
 
 ». • 
 
 M 
 
 -.» ■- ■•■ -1^ 
 
 
 
 
98 
 
 %, 
 
 Agreement Dated May 16th, 1866. 
 
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 ■■ . i»- 
 
 <^^ 
 
 T^IS AGREEMENT made this fifteenth day of May, in 
 the year of our Lord one thousand eight hundred and sixty-six. 
 
 ♦ 
 
 BY and between the Corporation of the City of Toronto, 
 of the first part, and the Grand Trunk Railway Company of 
 Canada, of the seConti part. 
 
 WITNESSETH that the paid parties have agreed as fol- 
 lows, that is to say : That the party of the second part, herein- 
 after called the Company, have agreed to purchase, and the 
 party of the first.part, hereinafter called the City, have agreed to 
 sell and convey, and hereby do agree to' sell and convey subject 
 to the contingency hereinafter mentioned. AH that part of the 
 Watet Lots in the City of Toronto, north of Esplanade Street, 
 id situate between Simcoe and York Streets, the north line to be 
 , parallel line to Front Street, and to be fixed about one hun- 
 [red and fifty feet south thereof ; upon the terms and subject to 
 e conditions following, that is to say :— 
 
 THAT 1)^ price for the said laftds shall be twenty thousand 
 ollars; that tlte City will surrender to the Crown if necessary 
 .lie present grant which they hold of the said Water Lots in so 
 far ^ it relates to the above described lands, on condition that 
 the Crown will grant the said lands in fee to the City or the Com- 
 plmy as may be thought best . 
 
 •fH AT in case the patent issues to the Company direct, then 
 [the Company will execute and deliver to the City a mortgage in 
 fee with the usual covenants, but conditioned for payment in all 
 re»nects ihe same as ihe mortgage heretofore granted by the 
 Company to the Ciiy for ihft lands bought by the Company from 
 the City, and knovvn as the Round House Block, that is, that the 
 Company paying the interest at the rate of si.t per cent per an- 
 num half-yearly, the principal money shall not be pajrable in the 
 option of the Company until they elect to do so, the conditions, 
 provisions and stipulations in this respect to be the same as in the 
 mortgage referred to, the patent to contain conditions that the 
 land in question is only to be used for a Passenger Railway Station 
 for the City of Toronto. 
 
9f 
 
 IN case the new grant issurfi to the City, they are to give a 
 deed free from incumbrances, and take a mortgage as provided 
 above similar in all respects. The Company are to procure the 
 said grant which they undertake to do on said surrender being- 
 made. 
 
 THAT the Company may at once take possession, and that 
 from this date the said interesy>phall be payable and the Company 
 may at once proceed with their works upon the said premises. 
 
 THE effect of this agreement shall be, that upon and afker 
 the execution hereof the Company will hold under this agreement 
 only. 
 
 THE Company agree to surrender to the City any lease or 
 leases they now hold, and that the cov^nts respecting said 
 
 f remises now held by both parties hereto, and to said lease or 
 eases are by this agreement ended, and all liability on either 
 party thereunder is by this agreement also determined and 
 ended. 
 
 . EACH of the above parties hereto covenants and agrees 
 with the other to-ibide by, perform and keep the other agreement 
 in all respects, and to perform the same. 
 
 IT is agreed also that as the above described land is to be 
 used for the purpose of a passenger station, that the Company and 
 those Companies who may use the said station may and shall 
 have the right to cross Esplanade Street with their tracks as often 
 and in the manner required for the proper working of the'^ffic 
 in and out of the said station in the, most safe and convenient 
 manner. 
 
 THE Company agree that they willT)ermit and allow any 
 other Railway Company to enter upon the station to be erected 
 upon the said premises for the purpose of making the same a 
 terminal station at Toronto; the privilege to be given on such 
 terms as to tent and otherwise as said Company and such other 
 Company or Companies may agree upon^ or on failure of agree- 
 ment as may be fixed by arbitration. 
 
 , PROVIDED always, and it is expressly declared and agreed 
 that while the City will by all reasonable acts assist in obtaining 
 the said patent from the Crown in the form necessary to the 
 carrying out of the said agreement in its true spirit and ineaning, 
 still the Company assume the whole trouble and expense of get- 
 tiiigthe new patent from the Crown, or of such legislation as may 
 be' found necessary in case legislation has to be resorted to, and 
 that in case of failure to get the patent in & form to authorize the 
 carrying out of the sale in the manner above s^eed upon^, or of 
 
 ^U, 
 
-♦. 
 
 leirislation authorizing a conveyance in accordance with the terras 
 offi a^ce^^^ that in such case this agreement shall cease and 
 Se voTd!S each party shall revert to their former position as it 
 was before this agreement was made. 
 
 AND further that the provisions of this agreement shaU be 
 ■ carried out with all reasonable despatch. 
 
 AND further that nothing in this agreement contained shjUl 
 be taken as conveying the idea that the mortgage now held by 
 MrT Hancox of Bath, in this Province, or any other person on - 
 Jne of ttTe Witer Lots a part of which is covered by this agree- 
 Tnt is tol plid by the Com or that the said mortgage 
 
 forms ^v part of the said consideration mo6ey, or that the City 
 SirSy Sind rectly. or in any way liable for the said mort- 
 ^e or anVpart thereof or that they directly or indirectly assume 
 Sfy iesponJibility in respect thereof, or « .^ Pj!^.f ^^^^^.e^he 
 nevertheless the Company covenant ^^*^,„^,^^ ,^^2^^^ /^^^i^ 
 Citv harmless against the said mortgage and all monies payaoie 
 JieJeS or % mortgage on said premises whoever may.have 
 
 the same. ■ / 
 
 AND also that before this agreement is delivered the Com^^ 
 pany do pay all rentsjipon any i^t of the said lands held by 
 ^ them as tenants to the date hereof. 
 
 IN witness whereof the said parties hereto have hereunto 
 affixed their respective corpoi^tc seals the day and year first 
 above written. 
 
 Signed, sealed and de- \ 
 livered in presence of J 
 
 A. T. McCord, 
 Chamberlain. 
 
 f Seal of City 
 \ of Toronto. 
 
 , i:».t^»i'Jlu^^^4^^^]ia3Su^s 
 

 Release and Surrender. Mary Hancox to the Oity 
 of Toronto. Dated February 20th, 186a 
 
 It is understood between the parties to the within release 
 thfii the within named the City of Toronto, shall not be called 
 upon to pay the sum of fiffy pounds mentioned within. Dated 
 this nth May, 1868. 
 
 BLAKE, KERR & WELLS, 
 
 Solicitors for G. T. R. 
 
 This deed made this twenty-ninth day of February in the , 
 year oi our Lord one thousand eight hundred and sixty-eight, by 
 and between Mary Hancox of the Village of Bath, in the County 
 of Lennox and Aldington, widow and executrix as also devisee 
 of the late Orton Hancox of the same place, Esquire, of the first 
 part, and the Cbrporation of the City of Toronto of the second 
 part • 
 
 WHEREAS, heretofore the p^uty of the second part, leased 
 certain Water Lots situate south of Front Street, and between 
 YoA andi Simcoe Streets in the City of Toronto, described as 
 hereinafter contained, to one James McGill Strachan of the City 
 of Toronto, Esquire, who afterwards in due form of law assigned 
 the said lease to one James Lukin Robinson, of Toronto, Esquire, 
 who afterwajxis assigned the said lease to one John Beverly Rob^ 
 insoni of the City of Toronto, Esquire. 
 
 AND whereas the said John Beverly^ Robinson did after- 
 wards mortgage his interest in the said Water Lots to one George 
 Romanes for a large sum of money, which said mortgage he ther 
 said Romanes aft^wards assi^ed to the late Orton Hancox above 
 named who before Uie execution hereof was deceased. 
 
 AND whereas the party hereto of the first part, is the de- 
 visee and executrix of the said Orton Hancox, and as such is now . 
 possessed of the said above-mentioned mortgage and is entitled 
 to all the monies due and payaUe tha%under. 
 
 AND whereas thie party of the second part now claim a large 
 sum of money for and on account of said rent. 
 
 
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 AND whereas, also the said party hereto of the lecond part, 
 under the several statutes relating to the Esplanade «t Toronto, 
 and to the construction thereof for works, materials and filling 
 done by them in the said construction of the said Esplanade upon 
 the said Water Lots as leased and mortgaged a^ aforesaid, claim 
 a further large sum of money. 
 
 AND whereas as well for the recovery of said last mentioned 
 money, as also for the recovery of said rent so in arrear, the Cor- 
 poration of the City of Toronto have instituted against the party 
 hereto of the first part, an action at law and also a suit in Chw- 
 eery. 
 
 AND whereas the said party of the first part for the purpose 
 of getting quit of said claims respectively, and for the purpose of 
 putting an end to and settling the said proceedin|^4t law and in 
 equity, hath agreed to surrender and give up to the said party of 
 the second part, all her rights dnd title, s interests, and claims of, 
 in, and to the said Water Lots, Reserving to herself however all 
 the personal covenants she now holds against the said John 
 Beverly Robinson for the payment of the money mentioned in 
 the said mortgage, freeing however and discharging the said lands 
 from all claims on her part thereon, urfder _ of. because of said 
 mortgage and other monies mentioned therein, and also the parties 
 of the second part 
 
 AND whereas it has also further been agreed that the parties 
 hereto shall pass mutual releues of all claims, dues, and detnands 
 whatsoever. 
 
 "_ THEREFORE this deed witnesseth that for and in consid- 
 eration of the agreenient above recited and in pursuance there- 
 of, and in consideration of the sum of fifty pounds to her in hand 
 paid before the execution hereof, the receipt whereof is hereby 
 acknowledged, she, the said party hereto of the first part, hath 
 . and by these presents doth bargain, sell, assign, transfer, make 
 over, and surrender to the party of the second part, all the right, 
 title, claim, property, ipteresr, and demand of her, the party "of 
 the first part, eii|ier at law or in eqiiity, of, in, and to jmd out of 
 Water Lots numbers fifty-five and fifty-six^ situate on the south 
 side of Front Street, and between York and Simcoe Streets, in 
 the City of Toronto, whether as devisee, widow, or executrix of 
 the last will and testament of the late Orton Hancox or otherwise 
 howsoever. 
 
 TO have and to hold the same and every part thereof unto 
 the said party of the second part, their successors and assigns, to 
 their own usg for ever, freed, exonerated, and dischaiged of and 
 from all mortgages, liens, Ibd demands held by her, the said 
 party of the first part, in any manner and of any nature whatso- 
 ever. 
 
 $» 
 
 ■ -^ifeS 
 
 - rfLl4«B> -f^^l^'V 
 
3f the lecond part, 
 nade «t Toronto, 
 Aerials and filling 
 id Esplanade upon 
 i§ aforesaid, claim 
 
 Aid last mentioned 
 in arrear, the Cor- 
 against (he party 
 o a suit in Chmi' 
 
 irt for the purpose 
 or the purpose of 
 ing(»4t law and in 
 the said party of 
 :s, and claims of, 
 erself however all 
 St the said John 
 tiey mentioned in 
 l^ing the said lands 
 f< because of said 
 md also the parties 
 
 ed that the parties 
 lues, and demands 
 
 for and in consid- 
 pursuance there- 
 ids to her in hand 
 vhereof is hereby 
 e first part, hath 
 n, transfer, make 
 tart, all the right, 
 her, the party "of 
 nd to and out of 
 ate on the south 
 imcoe Streets, in 
 V, or executrix of 
 ncox or otherwise 
 
 part thereof unto 
 rs and assigns, to 
 ischai:ged of and 
 by her, the said 
 y nature whatso- 
 
 9 
 
 108 
 
 ANi) the said parties hereto for and in consideration of the 
 above recited agreement, and for and in consideration of the 
 mutual release eacliclf the other, and for and in consideration of 
 the termination of the said actions above mentioned, hereby each 
 mutually release and discharge each the other of and from all 
 ftetions now pending between them, and also of and from all 
 monies, debts, dues, covenants, causes of action, costs, claims, 
 and demands whatsoever of any and every kind, and no matter of 
 what nature and descriptten the same may be for or in respect of 
 any matter, default, att, deed or thing which heretofore existed 
 in which they are respectively concerned or interested in any way 
 whatsoever, to have and to hold to each respectively, the heirs of 
 the party of the first part, and the successore of the oarty of the 
 second part and their assigns ; and the surrender and conveyance 
 above mentioned shall be taken in full satisfaction and discharge 
 of all the causes of action for which said action at law and said 
 suit in Chancery were brought respectively. 
 
 AND the said |)arties hereto hereby mutually covenant each 
 with the other that they will respec?vely make, do, and execute 
 any, all, and every other or further deed or deeds which may be 
 found necessary for the discharge of said lands and tenements 
 from the said mortgage and the monies mentioned therein, and of 
 and from all claims and liens thereon, and of and from all de- 
 mands whatsoever on the part of her, the party of the first p4rt, her 
 heire, executors and administrators as well on the said lands as 
 also against the party of the second part, their successors or 
 assigns, and also as may be necessary for the complete exonera- 
 tion, release, and discharge of her, the party of the first part, 
 her heirs, executors or administrators, of and from all demands 
 whatsoever by the said Corporation of the said City of Toronto 
 connected with or arising out, of said Water Lots, and generally as 
 may be found necessary in order to the full and complete carry- 
 ing out of the above recited agreement according to its liberal 
 and full meaning and intention. 
 
 IN witf ess whereof the said party of the first part hath here- 
 unto set her hand and seal, and the party of the second part h^ve 
 hereunto affixed their corporate seal, on the day and year first 
 above written. 
 
 Signed, sealed and de- 1 
 livored in presence of / 
 
 CHARLES W. COOPER. 
 
 JAMES E. SMITH, 
 
 Mayor. 
 A. T. McCORD, 
 
 Chamberlain. 
 
 J SealofOty 
 ( of Toronta 
 
 
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 m 
 
 m 
 
 i 
 
\ 
 
 p4 
 
 Deed Dated February 2'9th, 1868. Hegistered May 
 
 . nth, 1868. 
 
 THIS INDENTURE matle this twenty-ninth day of Febru- 
 ary in the year of our Lord one thousand eight hundred and sixty- 
 eight, by and between the Corporation of the City of Toronto of 
 the first part, and the Grand Trunk Railway Company of Canada 
 of the second part. '. 
 
 WHEREAS by letters patent under the great seal of the 
 Province of Canada, bearing date the twenty-first day of February, 
 in the year of our Lord one thousand eight hundred and forty, all 
 and singular certain parcels or tracts of Tan<i covered with water, 
 situate in front of the City of Toronto, and also all those parcels 
 or strips of land situated betweeni the top of the bank and the 
 water's edge of the Bay, situated in the City of Toronto, adjoin- 
 ing to the said Water Lots, and which Water Lots, land covered 
 with water, and strips of land are more particularly mentioned 
 and described in and by the said letters patent, were grantgd to^. 
 the said City or Toronto (the party hereto of the first part) and its 
 successorsi for ever, unde[ the reservations, limitotions, uses, 
 trusts and conditionstherein expressed, to have and to hold the 
 said parcels and tracts of Isinds thereby given and granted to th6 
 said City of Toronto, and its successors for ever, upon trust in 
 the first place, and to and for the uses of the City of Toronto^ 
 and from time to time tc^ lease and let »"«*»» "»9 *"<^"^ 
 parts of the said Water Lots and strips of land as from time to 
 time the Mayor, Aldermen aAd Commonalty of the said City of 
 Toronto in common council ^mbled should order and durect, 
 for sudi terms not exceeding in any one term the period of .fifty , 
 years, reserving by such lease or leases such reasomble rent oj 
 , lents as the ssad Mayor, Aldermen and Commonalty of the said 
 City ot Torpnto in common council assembled should order and 
 direct to be reserved and paid by the said lessees ; the said rent 
 and tents to be reserved to and for the public uses and purposes 
 of the said City of Toronto, and for other trusts therem men- 
 tioned and set forth. 
 
 AND whereas the s*d parties of the second part have re 
 quired and do require.for the purposes of their Railway, at and 
 m the City of Toronto, all that part of t^e a^ve mentioned pre- 
 Qiiies hereinafter described. . 
 
 ■••''**I'*^»*'9T1'^' ^ ' ' 
 
^ 
 
 Istered May 
 
 \ day of Febru- 
 dred and sixty- 
 of Toronto of 
 >any of Canada 
 
 reat seal of the 
 ay of February, 
 ;d and forty, all 
 ed with water, 
 1 those parcels 
 
 bank and the 
 oronto, adjoin- 
 I, land covered 
 irly mentioned 
 ere grantgd toj^, 
 irst part) and its 
 litatiohs, uses, 
 nd to hold the 
 granted to thg 
 
 upon trust in 
 ty of Toronto^ 
 ch, and sucn<» 
 
 from time to 
 te said City of 
 ter and direct, 
 
 period of. fifty , 
 ionable rent or 
 ilty of the said 
 lould order and 
 ; the said rent 
 »and purposes 
 8 therem m^- 
 
 i part have re 
 Rjulway, at and 
 mentioned pre- 
 
 105 
 
 AND whereas the said parties of the second part, under and 
 in pursuance of the statutes in that behalf made and provided, 
 tooK the necessary 'steps to enable them to acquire the said' pre- 
 mises so hereinafter described for the purposes aforesaid, and 
 Uiereupon they applied to the party of the first part for the pur- 
 pose of agreeing upon the compensation to be made by them the 
 parties of the second part, to the party of the first part for the 
 said lands ; and thereupon an agreement was made under the 
 corporate seals of the said parties to this Indenture, bearing date 
 the fifteenth day of May, in the year of our I^rd i)Me thousand 
 eight hundred and sixty-six, for the sale of the said lands and 
 tenements, and in which said agreement it is amongst other things 
 recited that the parties to this indenture an(|^to said agreement 
 of the second part has agreed to purchase and the parties of the 
 first part, the said party hereto of the first pxyt, has agreed to sell 
 and convey subject to the contingency hereinafter in said, ggrjpe- 
 ment mentioned, all that part of the Water Lots in the City of 
 Toronto north of Esplanade Street, and situate between Simcoe 
 and York Streets, the north line to be a parallel line to Front 
 Street and to be fixed about one hundred and fift^ feet south 
 thereof, upon the terms and subject to the conditions in said 
 agreement expressed in relation thereto that the price for the said 
 lands should be twenty thousand dollars, that the said purchase 
 money should be secured by mortgage upon the said premises 
 "with the usual covenants, but conditioned for payment in all re- 
 spects the same as the mortgage heretofore granted by the Com- 
 pany, the parties hereto of the second part, to the party hereto of 
 the first part, for the lands bought by the said Company from the 
 party hereto of the first part, and known as the "Round House 
 Block," that is, the Company paying the interest at the rate of 
 ' six per cent per annum, half yearly, the principal money should 
 not be payable in the option of the Company until they should 
 elect to do so, the conditions, provisions and stipulations in this 
 respect to be the same as in the mortgage above referred to, the- 
 land in question only to be used for a Passenger Railway Station 
 for the City of Toronto, that the Company might at once take 
 possession, and that from the date of said agreement the said 
 mterest should be payable, and the Company might at once pro- 
 ceed with their works upon the said premises, that the ^effect 
 s vof the said agreement should be that upon and after the execu- 
 .;,tion thereof the Company should hold Under the terms of said 
 . a^ement only, that the Company agreed to surrender to the 
 -\ City (the psaty hereto of the first part) any lease or leases they 
 then hold, and that the covenants respecting said premises thin 
 held by both parties were by the said agreement ended, and all 
 liability thereunder was by the said agreement ended and deter- 
 mined, and each of (he said parties to said agreement thereby 
 covenanted and agreed each with the other to perform and keep 
 
 
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 ^'!S»»-' 
 
 ■"i^lMfr*-? j«s^ 
 

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 I 
 
 f 
 
 Y: -*■■*' ! 
 
 106 
 
 the said above recited agreement in all respects and P^fo"" /»»« 
 same. And it was also agreed in and by said agreement that at 
 the above de^ribcd land waa and U to be used for the pur^wscs of 
 a passenger station, that the Company and those ComiK-inies whq 
 may use the said Station, might and should have the nght to cum 
 Esplanade Street with their tracks as often and m the manner re- 
 quired for the proper working of the traffic m and out «/ the said 
 Sution in the most safe and convenient manner. And that the 
 Mid Company agreed that they would permit and allow any other 
 Railway- Company to enter upon the Station.to l>e erected ui)on 
 the said Premises for the purpose of making the same a terminal 
 Sution at TqhmUP ; this privilege to be given on such terms ai to 
 rent and otherwise as said Company and such other Comiiany or 
 Companies might ai?ree upon or on failure of agreement as niight 
 be fixed by arbitration, and that the provisions of the said agrea- 
 mcnt should be carried out with all reasonable despatch. 
 
 AND whereas the said parties hereto of the second part are 
 willinjr to take a conveyance of said lands under the powers con- 
 tained in the 66th chapter of the Consolidated Statutes "f Canada, 
 and under the provisions of the statute passed in the twenty fourth 
 year of Her Majesty's reign -and chapter 17, and they claim that 
 by such stotutTs the party of the first part is authorued to sell and 
 cbnvey tH? s4e to the parties of the second F)art for the PurpoMS 
 of their Railway, free from all trusts, and to give to Jje said par^ 
 ties of the second part a title in fee simple therefor the said lands 
 being required and purchased for the use and for the purposes of 
 the Railway of the party of the second part. 
 
 THEREFORE this indenture witnesseth that the party of 
 the first part for and in consideration and in pursuance of the 
 first mentioned agreement and of the covenants therein contained, 
 andinconsideraSonofthe sum of twenty thousand dollars of 
 lawful money of Canada to them by the parties of the second 
 Dart to be paid and secured as in the terms of the hereinbefore re- 
 Sted agreement mentioned, have and by tliese presents do, under, 
 and by virtue of the provisions of the above mentioned statutes, 
 and at the request of the said parties of the second part bargain, 
 sell, assign, transfer, convey, and confirm, and make over unto the 
 said parties of the second part. All that tract and parcel of land 
 in the City of Toronto situate and bounded on the south by tii« 
 north line of the Toronto Esplanade, on the east by York Street, 
 on the west by Simcoe Street, and on the north by a l»ne drawn 
 from an iron post' planted on the west side of York Street to Sim- 
 coe Street, at a distance of one hundred and fifty feet more or 
 less from the south side of Front Street and parallel thereto, to. 
 ' Kether with the appurtenances and all houses, outhouses, wooJ^ 
 ways, and waters therein situate and being, to have and to hold 
 the same and every part thereof to the parties of the second part. 
 
 4 
 
107 
 
 their nicceMora and aMignt, to their own lue for ever, for th« , 
 purpoMt mentioned in the uid •grccmentr 
 
 AND It is alio mutually covenanted and agreed by and/ 
 between the parties hereto, each for themselves and each for 
 their successors and assigns in the manner following, that is to 
 
 First. That they, the parties of tW first part, and their suc- 
 cessors and aitsigns, shall and will at any time and all times and 
 from time to time, as often as shall be required by the parties oi 
 the second part, their successors and assigns, make, do, and ex- 
 ecute any document, deed or instrument, or will give any assist- 
 ance and do all and every reasonable act which may be rcnuircd . 
 in order to vest the said lands in the parties of the second part 
 for the purposes above expressed in fee simple, freed from all 
 trusts whatsoever, and that all the costs attending such acts shall 
 be borne by the parties of the second part, their successors and 
 assigns. 
 
 Second. And further that they the said parties of the second 
 part, their successors and assigns, shall have the full right, power 
 and authority to lay down upon and across Esplanade Street, ia 
 the said City of Toronto, west of the east side of York Street 
 aforesaid, all and as many Railway Tracks as thev may think 
 necessary and as may from time to time be required by them or 
 by any other Railway Company using the Station to be erected 
 upon the said premises for the purposes of the convenient and 
 safe and easy ingress and egress to and from their said Station so 
 to be built thereon as aforesaid. That the parties of the second 
 part covenant to indemnify and save harmless the party of the 
 first pArt from the Hancox mortgt^e in said agreement men- 
 tioned. 
 
 IN witness whereof the said parties ^hereto have hereunto 
 afiixed their official corporate seals, on the day and in the year 
 first above written. 
 
 Sealed and delivered in the ' 
 
 Presence of C. W. Cooper, 
 y the Mayor of the City of 
 
 Toronto. ) JAMES E. SMITH, f Seal of City 
 
 Mayor. ) of Toronto. 
 
 Received on the day of the date ] 
 of this Indenture of the parties 
 of the second part, the sum of 
 twenty thousand dollars of lawful 
 money of Canada. 
 
 m 
 
 ••- 
 
 Witness : MATTHEW B. HICKS, A. T. McCORD, 
 
 Toronto. 
 
 Chamberlain. 
 
 < -t 
 
 i;; 
 
 I 
 
 -\% 
 
108 
 
 Memorandum. 
 
 . W n E REAS the Grand Trunk Railway Company of Canada 
 have thii day executed a mortgage to the Corporation of the City 
 of Toronto upon certain lands therein described, situate between 
 York and Sinicoe Streets in the City of I'oronto, and north of the 
 Esplanade. It is hereby declared and agreed that at any time 
 after the construction of the Station in said mortgage mentioned, 
 and on payment of the consideration money in said mortgage 
 named, and all interest then unpaid thereon, the Corporation of 
 the City of Toronto shall discharfje the said mortgage by certi- 
 ficate in the usual form or otherwise as the said Conlpany may 
 require. 
 
 IN witness whereof the said Corporation of the City of To- 
 ronto have hereunto set their official se21 this twenty-ninth day of 
 February, in the year of our Lord one thousand eight hundred 
 and sixty-eight. 
 
 In presence of ) 
 
 CHAS. W. COOPER. / 
 
 JAMES E. SMITH, Mayor. 
 A. T. McCORD, Chambeftain. 
 
 r Seal of City 
 ( of Toronto. 
 
 ). 
 
 i 
 
 > . 
 
109 
 
 ".H 
 
 Mortgage. Dated April 27th. 1868. 
 
 U. ! 
 
 ^t 
 
 WIS INDENTURE made thii twenty wsvcnth day of 
 ApfH;^n the year of our Ixird one thousand eight hundred and 
 •ixty eight, l)y and lictwccn the Grand Trunk Railway Comj)any 
 of Canada, of the firit part, and the Corporation of the City of 
 Toronto, of the second part. 
 
 WHEREAS by letters patent under the great teal of the 
 late Province of Canada, bearing date the twenty first day of 
 February, in the year of our Ix)rd one thousand eight hundred 
 and forty, all and singular certain parcels or tracts of land covered 
 with watrr, situate in front of the City of Toronto, and also all 
 those parcels or strips of land situated between the top of the 
 bank and the water's edae of the Bay situated in the City of 
 Toronto adjoining to the said Water Lots, and which Water 
 Lots covered with water and strips of land are more particularly 
 mentioned and described in and by the said letters patent were 
 granted to the said the City of Toronto,(the parties hereto of the 
 second part) and its successors for ever, under the reservations, 
 limitations, uses, trusts and conditions therein expressed, to have 
 and to hold the said parcels and tracts of land hereby given and 
 granted to the said City of Toronto and its successors for ever, 
 upon trust in the first place, and to and for the uses of the Citv 
 or Tororito and (torn time to time to lease and let such, and such 
 parts of the said Water Lots and strips of land as from tirne to 
 time the Mayor, Aldermen and Commonalty of the said City of 
 Toronto in common council assembled Should order and direct 
 for such terms, not exceeding in any one ternf the period of fifty 
 years, reserving by such lease or leases such reasonnble rent or 
 rents as the said Mayor, Aldermen and Commonalty of the said 
 City of Toronto in common council assembled should order and 
 direct to be reserved and paid by the said lessees, the said rent and 
 rents, to be reserved to and for the public uses and purposes pf 
 the said City of Toronto and for other trusts therein mentioned 
 and set forth. 
 
 AND whoreas the parties of the first part, have required 
 and do require for the purposes of their Railway at and in the 
 said City of Toronto, all that part of the above mentioned prem- 
 ises hereinafter described. 
 
 w 
 
 
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 . .^ . 
 
w 
 
 .1 
 
 
 hfiU (wl^'tas ^ Mid )Niili«f of th# *ini |mj1, und«r and io 
 puntuuicc ol tlM( lUttltit in that b«h«ir mwde aiuI provitted, took 
 the nnrnnaty «t«r|)!i to crt»hl« them to ftrquirr lh« wid prrmtacf 
 lo hereinafter dcfcrilK!d for the juir|K»fe« AforcMtd, aiul thercu|K>n 
 they applied to the parties of the iccond part for the purpoet 
 trfa^recirig ujH)n the ronu»en«ation to be ijitdc by them thf 
 parties of the first mti, to the parties of this second part for thf 
 •aid lands, and thereu|K)n an agreement was made uilder the 
 cor|>^>'^tc seal of the said j)arties to this indenture iN^aring date 
 the fifteenth day of May in the yeu of our Ix)rd one llu»u«and 
 fight hundred and liktysix, for the sale of the said lands and 
 tenementji, and in whirh laid aip-eement it isamonpt other thingi 
 re<*ited that the parties to this intlenture and said ajp-eement of 
 the second part, ha<l a^^reetl t«i purchaie, and the parties of the 
 first part (the said parties hereto of the second part) had agreed 
 to sell and convey subject to the contingency thereinafter in the 
 laid agreement mentioned, all that (wirt of the Water Ix)ts in th« 
 City of Toronto north of Esplanade Street, and situate between 
 Simcoe and York Streets, the north line tQj>e a parallel to Front 
 Street, and to t)e fixed atxmt one hundfi|gf^nd fifty feet south 
 thereof, upon the terms and subject to yflconditions in the said 
 agreement expressed in relation thereto. That the orice for th«. 
 laid lands i^ould t>e twenty thousand dollars, that the said 
 purchase ruonev should be secured by niortKogc u|K>n the said 
 premises with the uitial coTenahts, but conditioned for i>nvmeot 
 in all resi)cct8 the same as the mortgage heretofore granted by the 
 (Company, the parties hereto of the first ()art. to the parlies here- 
 to of th<K second part, for the lands bought by the said Company 
 from th1||>arties hereto of the second (uirt, and known as the 
 "Roimd ITousc B)ock,"that is, the Company paying the interest at 
 the sate of six per cent, per annum half yearly, the prin 
 money should not be payable in the optiM^of the Company ' 
 they should elect to do so, the coHiditior^ provisions an<f ^ 
 lations in this respect to be the same as in the mortgage 
 lefeneiitoj the laiid in (question only to be used for a Passenger 
 Railway SEUftiofi for the City of Toronto ; that the Company might 
 at once tajM^hmfossionr and that from the date of the said agree- 
 ment the ifciWMte<J|it' should be payable and the Company might 
 at once' prca ftjwBjy thttii^orkSiMpon the said premises. That 
 
 the eflfelct onS^Bt |P^*°^"^^'Si^"^^ ^ ^^^' "P^" ^"^ after the 
 execution thpnMne^ompanyiM^ hold under the terms of 
 said agreem^ enlf^ ^ That theXompany agreed to surrender to 
 the City (the party hereto of the second part) any lease or leasei 
 they Jhen held, (which surrender has been made) and that the 
 covenants respecting said premises then held bv both parties were 
 by the said agreement ended^ and all liability thereunder was by 
 the said agreement ended and determined. : 
 
 ^•' 
 
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 W^ 
 
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 AND tuh oC th« uid p«rti« to »4d agrftment tk«a||f 
 covcfiiintefl and ai^rrecl each with lh« other to pcrforwf ami k&tj^ 
 the Mud abovo rccttcd agrwmcnt in alt rctpccu and jpcrfui m IM 
 
 Mme 
 
 It alto tgtttd in and by laid agreement that aa tlMi 
 
 J land waa and ia to tM uatd for th« purpoaea of ft 
 
 . lation, that the Company and th««e Compiniea wktO 
 
 ^ , the Mid Station might and •hoiild have the right tocrcMt 
 
 Etplanade Street with their tracks as oAen and in tne ma n ne t — 
 reqftired for the proper woriiing of the trafRc in ami out of tht 
 UM !^tation in the moat lafa and convenient manner. 
 
 AND that the aaid Company agreed that th«y would PM| 
 and allow any other Railway Comp-tny to enter upon the Starf*^ 
 to be erected u{)on the wid prcyuscs for the purjKjiC of making 
 the lame a terminal Station at Toronto, thii privilege to<be given 
 OD such tcrma as to rent and otherwise as said ComiMiny or such 
 other Comi)Any or Companies might agree upon or on failure of . 
 agr<^ment as might be fixed by arbitration, and that the provi* 
 itona of the aaid agreement should be carried out with all reason- 
 able des(>atch. ^ 
 
 AND whereas the said partlei hereto of the first part have 
 taken a conveyance of the said lands under the powers contained 
 in the 66th Chapter of the Consolidated Statutes of Canada, and 
 under the provisions of the Statute passed in the twenty:fourth 
 year of Her Majesty's reign and < hapter seventeen, and they 
 dahn that by said Statutes the parties of the second [lart are 
 authorized to sell and convey the same to the partiea of the first 
 part for the purposes of their Railway free from all trusts, and to 
 ||ye'to the said parties of the finU part a title in fee simple there- 
 ■'iW, the said lands l)eing required dnd purchased for the use and 
 for the purposes of the Railway of the parties hereto of the first 
 part. 
 
 AND whereas thereupon by deed bearing date the twenty- 
 ninth day of February, in the year of our Lord one thousand 
 eight hundred arnd »ixty^ight, made by the parties hereto of the 
 second part withi the parties hereto 6f the first part for the considerir 
 tion aforesaid, and for the purposes in said agreement mentioned 
 and on the terms aforesaid did bargain, sell, and convey the 
 lands hereinafter described, and the patties of the first part de- 
 sire to give the mortgage 3»liove mentioned on the terms and in 
 pursuance of the agreement before recited. 
 
 THEREFORE this indenture witnesseth that in considerftr 
 tion of the premisea above recited and in performance, of th« 
 above mentioned agreement and in pursuance thereof, and for the 
 
 1 4 
 
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 112 
 
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 . consideration of twenty thousand dollara of lawful money of Can- 
 ada, the purchay money of said lands so to be secured by mort- 
 S?n.?Tl' *"/?"" ^^^^^^ '<^^'t«<l and which purchase 
 the;r the parties of the first part have and hereby do bargain, sell 
 
 second part, AH that certain tract and parcel of land and pn^ 
 
 ?oTnVnfT' J^'"?tf"^- ^'"f '" *^« Citv of Toronto in -tS 
 ^"SLS^^"?,^"^^''^^'"^^^^ Canada, and more particularly 
 d^nbed as follows : All that tract and parcel of Und inThe 
 
 S7K!'J''T'°'r?'^?*'*'i"**^""^^^°" *^e south by north line 
 
 .2 k S-""'*!*^'*"^®: **" *^« *^^* by York Street, on the 
 
 - tT^ ^ Simcoe Street and on the north b^ a line drawn from an 
 
 iron post planted on^the west side of York Street to Simcoe Street, 
 
 f! J '^''%°J °"^ ''""^^^^ "^^ fifty feet more or less from the 
 south side of Front Street and parallel thereto, together w?th thi 
 appurtenances and aJl houses, o*uthouses, woods. Says, Ld watera 
 
 ^,vLT,W^*"?^'"«i.'^ '?r^ "^^ *^ ^»^'*1 the same and 
 every part thereof unto the said party of the second part, their 
 successors and assigns, to the use of the party of the se?^d p«t 
 their successors and assigns, for ever. , ^cLonapan, 
 
 n.rf y,^9YII>ED nevertheless that if the said party of the first 
 part, their successors or assigns, do and shall well and truly nav 
 or cause to be paid unto the party of the second paJt? S ^l 
 ' SS^" Ti r'«"'' ?^ ^^ »^«'est upon the said^m of twen^ 
 thousand^^ollarsattherateofsixper^nt. per annum compu? 
 
 ments to be made half-yearly, on the fifteenth day of November 
 and May m each and. every year, computing as aforesaid, and^ 
 m all respects perform the terms and conditions contained Z 
 said recited agreement so far as above herein recited, UiS 
 
 s^dl'L'S^S '^T^'^T ^^ eveiything therein contained 
 shall be nuU and void, and the party of the first part hereby for 
 
 themselves, their successors^and^^assVs, covenan^^^^^^ 
 agree to and with the party of the second part, their successora 
 and assigns, that they wiU weU and truly payTr <4ui to be i^d 
 tothe party of the second part their suffirs'Sd a^^gis Ae 
 said interest at the rate aforesaid in half-yearly paymSTon thl 
 
 ^ZTin^rj^V"" "^^ f""^^ ^ the'said'pKmeit'oned! 
 Sie^nL^^i?* *'°? °'' f^*T^»t whatsoever, according to the 
 true mtent Mid meanii^ thereof and of these presents, Sd wiU' 
 ako weU and truly perform all the terms and cSnditions^f sdd 
 recited agreement as above recited so faf as applicable to th^i 
 
 Se ^J^'Z^Vt ^"' P^ ' ^d also that for^d not^^hS^ 
 mg any act, deed, matter, or thing by the said party of the firet 
 
 f^^o°.t' '"''^'^' ""' ?ojnmitted;orwilfully^Se?orS 
 fered to the contrary notwithstanding, they the sS party of the 
 
 •vl^gf^.. 
 
 
 ^iSaiii^ ' * 'tT-vB*»«8Mfc^M«^«^— 
 
'Btefr'*.--- 
 
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 ■ us'- 
 
 first part now have in themselves the same good right, full power, 
 and absolute authority to convey tjie said lands and other pre- 
 mises hereby conveyed or intended so to be with their and every 
 of their appurtenances unto the said party of the second part m 
 manner aforesaid, as they received the same from the party of the 
 second part in manner aforesaid and according to the true mtent 
 of these presents and of the agreement aforesaid, and that it 
 shall be lawful notwithstanding %ny act of the party of the first 
 part for the party of the second part after default shall have been 
 made in payment of the said interest or any part thereof on the 
 days and times, at the rate, and in the manner aforesaid contrary 
 to the proviso hereinbefore contained, and the period of one cal- 
 endar month shall have elapsed after the making of said default, 
 for the said party of the second part, their successors and assigns, 
 from time to time and at all times thereafter peaceably and quiet- 
 ly to enter upon, have, hold, occupy, possess, and enjoy the said 
 lands and premises hereby conveyed or intended so to be with 
 their and every of their appurtenances, and to .have, receive, and 
 take the rents, issues, and profits thereof and of every part there- 
 of to and for their own use and benefit without any let, suit, 
 trouble, denial, interruption, claim or demand whatsoever of, from 
 or by them, the said party of thfe first part, or their successors or 
 assigns, or any person claiming or to claim by, from, u»d^ or m 
 ' ttust for them- or any of tl^em, and that free amd clear and freely 
 and absolutely acquitted, exonerated, and for ever discharged by 
 the said party of the first part, or their successors and assies, 
 and also that after such default and such period of two calendar 
 months has elapsed as aforesaid, that they, the said party of the 
 firet part, their successors and assigns, and all and every other 
 person whoi^^soever having or claiming or who shall or may here- 
 after have ox mm any estate, right, title or interest whatsoever 
 either at law or in equity, in, to or out of the^id lands and pre- 
 mises hereby conveyed or intended so to be, or any of_them^ or 
 any part thereof by, firom, under or in trust for tferai or any of 
 them, shall and wUl firom time to time and at all titiies hereafter 
 upon every reasonable request and at the^ costs and charges of 
 the said party of the said second part, their successors and assigns 
 make, do, and execute or cause.to fee made, done or executed aU 
 such further and other lawful acts, deeds, things, conveyances and 
 assurances in the law whatsoever for the better, more perfectly 
 - and absolutely conveying and assuring the said lands and pre- 
 mises hereby conveyed or intended so to be, and every part there- 
 of, with their appurtenances, the said party of the second part, 
 their ^ucQcssors and assigns, as by their counsel learned m the 
 /law ahall be reasonably devised, advised or required so as such 
 further assurances do not contain or imply any further or other 
 covenants or warranty than agsunst the acts and deeds of the per- 
 son or party who shall be required to make or execute the same, 
 
 ■-*■■■ 
 
 ^:;i 
 
 I 
 
 ; if' 
 
 ■t^^_^ 
 
I 
 
 and his heirs, executors or administrators only, and as no person 
 who shall be required to make or execute such assurance shall be 
 compellable for the making or executing thereof to go or travel 
 from his usual place of abode. 
 
 AND it is further declared and agreed by and between the 
 parties to these presents that if thp said party of the first part, 
 their successors and assigns, shalf^not pay to the said part/ of 
 the second part, their successors and assigns, the said interest on 
 the days and times aijkd in the manner and according to the true 
 intent and meaning of the proviso hereinbefore in that behalf con- 
 tained, and the said party of the second part, their successors and 
 assigns, shall and m^y after any of the times limited for such pay- 
 ment has expired have ^ven to the said party of the first part, 
 their successors and assigns, or have left for them at their office 
 in the City or Toronto, notice in writing demanding payment of 
 the said interest or such portion or instalment thereof as there 
 may then be due such notice to be addressed to the President of 
 the parties of the first part, and two calendar months shall have 
 elapsed from the delivery or leaving of such notice without such 
 payment having been made, of which latter default in {Payment as 
 also of the continuance of the said principal money and intere^ or 
 some part thereof on this security, the production of these pre- 
 sents shall be conclusive evidence, it sh^l and may be lawful to 
 and for the said party of the second part, their successors and as- 
 signs, to sell and absolutely dispose of the said lands, heredita- 
 ments and premises with the appurtenances in such way and 
 manner as to them shall seem meet, and to convey, and assure 
 the same when so sold unto the purchaser or purchasers thereof, 
 his heirs and their heirs and assigns, or as he, she, or they shall di- 
 "rect and appoint 
 
 AND it'^is hereby declared and agreed that the said party of 
 the second part, their successors and assigns,] shall stand seized 
 and be possessed of the said lands, tenements and hereditaments, 
 and of the rents and profits thereof until sale and after sale of the 
 proceeds therefrom arising : Upon trust, in the first place to de- 
 duct thereout all expenses which may be necessarily incurred in 
 and attending the execution of the trusts and powers hereby 
 created tog^er with interest for the same and after payment 
 thereof to retain and pay unto and for them the said principal 
 sum of twenty thousand dollu^ or so much thereof as shall then 
 temain unsatisfied, and all interest then due and in arrear in re- 
 spect thereof, and after such payment in trust to pay or transfer 
 the surplus (if any) of the said rents and profits or proceeds of the 
 said sale unto the said party of the first part, their successors and 
 assigns, and also to re-convey and assure such part oH the saidlands, 
 hereditaments and premises as shall remain unsold for any of the 
 
 / 
 
,0 penon 
 e shall be 
 or travel 
 
 ween the 
 irst pairt, 
 part/ of 
 terest on 
 the true 
 ihalfcon- 
 ssors and 
 such pay- 
 irst part, 
 »r office 
 jrment of 
 as there 
 isident of 
 lall have 
 out such 
 lyment as 
 itere^ or 
 lese pre- 
 awful to 
 s and as- 
 heredita- 
 way and 
 d assure 
 ; thereof, 
 y shall di- 
 
 i party of 
 td seized 
 itame&ts, 
 lie of the 
 ce to de- 
 :urred in 
 5 hereby 
 payment 
 principal 
 lall then 
 Eur in re- 
 transfer 
 kIs of the 
 isorsand 
 lid lands, 
 ay of the 
 
 purposesi aforesaid unto the said party of the first part, their suc- 
 ^^^^t^^ and assigns, or as they shall direct or appoint. 
 
 AND it is hereby further declared and agreed that the re- 
 ceipts of the said party of the second part, their successors and 
 assigns shall be good and sufficient discharges for all monies 
 therein expressed to have been received, and that the person or 
 persons paying them any monies and taking such receipt shall not 
 afterwards be required to see to the application thereof nor be 
 answerableor accountable for the misapplicatibn or nonapplica* 
 .tion of the some. 
 
 AND the said party of the second part doth hereby for 
 \ themselves their successors and assigns, covenant, promise and 
 .^^;ree to and with the said party of the first part, their successors 
 ^ *^|^6nd assigns, that no sale or notice of sale of the said lands, here- 
 |,|&^^'|aitaments and premises shall be made or given no'r that any pro- 
 X;W^. ceedings to get possessioiT shall be taken by the party of the 
 second part, or their assigns,, until such time as two calendar 
 jnonth's notice in writing as aforesaid shall have been given to the 
 said party of the first part, their succeflisors or assigns, or have 
 been left for them at their office in the City of Toronto, demand- 
 ing payment of the interest monies or the portion or instalment 
 thereof which at the time of the making the demand shall be due 
 and in payment of which the said party of the first part, their 
 successors and assigns, shall before then have made default. 
 
 AND also that they the said party of the second part, their 
 successors and assigns shall and will at any and every time before 
 such sale or sales take place on payment or tender by the said 
 party of the first part, their successors and assigns, of the said 
 . interest or the portion thereof which at the time of such , tender 
 Bhall be due and owing, and in respect of the non-payment of 
 which said proceedings were taken upon or by virtue of this 
 security with all lawful costs up to that time incurred, accept and 
 receive said payment, and that said default shall be by such pay- 
 ment or tender done away with as completely as if such default 
 had never taken place, and this security shall continue to 
 all intents and purposes as if such default had not been made, 
 and so on from time to time so long as the party of the first part 
 shall desire to continue the same, and upon and after said tender 
 no further action or proceeding shall be taken upon any previous 
 default or defaults. 
 
 PROVIDED always that until default shall be made in pay- 
 
 : ^ meot of the said interest or some portion or instalment thereof on 
 
 some or one of the days and times hereinbefore limited for the 
 
 payment thereof or performance of the terms and conditions of 
 
 -^said recited s^eement to the extent above recited, and the said 
 
 ■p- 
 
i 
 
 y 
 
 116 
 
 two calendar months shall have elapsed after such default and 
 notice as hereinbefore provided, and in case of any default after 
 such payment or tender aforesaid and the like notice as afore- 
 ' said, It shall be lawful for the said party of the first part, their 
 successors and assigns, to hold, occupy, and enjoy the said lands, 
 hereditaments, and premises with the appiirtenances, without any 
 molestation, hindrance, interruption or denial of, from or by the 
 said party of the second part, their successors or assigns, or any 
 person claiming by, from, through, under, or in trust for them or 
 either of them. * 
 
 PROVIDED also that they, tl^6 said party of the second 
 ' part, their successors and assigns, ^hall not bQ answerable or 
 accountable for any more monies tlian they shall actually receive 
 by virtue of these presents, nor for any mii^ortune, loss or damage 
 which may happen to the said estate and premises in the execu- 
 tion of the trusts aforesaid save ^d except the same shall happen 
 by or through their own wilful ;^eglect or default. 
 
 AND lastly that as tothie title the covenants are all to be 
 read and taken as conveying 4he same title and interest which the 
 said party of the secondi parT conveyed to the party hereto of the 
 first part under the deed apove mentioned and no more, it being 
 the intention of both sides^that under the statutes relating to the 
 sale ofland^ to the party of the first part that a fee simple shall 
 pass by said deed and by this mortgj^e, subject to redemption as 
 above provided. 
 
 IN witness whereof the said parties to these presents have 
 hereunto set their respective corporate seals. 
 
 Signed, sealed and de- I 
 Uvered in presence of j 
 
 Wm. WAINWRIGHT. 
 S. H. WALLIS. 
 
 } 
 
 { Seal. Y 
 
 C.J. BRYDGES, 
 
 Managing Director, G. T. R. 
 
 ■\ 
 
^'■'^W*S' 
 
 117 
 
 Land on South side of Front Street, for road 
 communicating with Freight Shed. 
 
 For patent covering this lot see Appendix "A." 
 
 Lease dated July 22nd, 1865. 
 
 THIS INDENTURE made the twenty-second day of July 
 in the year of our Lord one thousand eight hundred and sixty-five 
 in pursuance of the Act respecting short forms of leases between 
 the Corporation of the City of Toronto, in the County of York 
 and Province of Qmada^ of the first part, and the Grand Trunk 
 Railway Company of Canada of the second pah. 
 
 WHEREAS the parties hereto- of the second part, have 
 erected on the Esplanade in front of the said City of Toronto, in 
 connection with then: railway, and between Simcoe and John 
 Streets, certain freighl sheds for the delivery and receipt of freight, 
 and the present public way and entrance to said sheds being 
 from the westward at the foot of John Street, and it having been, 
 found that an additional entrance 'to the said sheds from the 
 eastward at the foot of Simcoe Street would be more conveniept 
 to those receiving and delivering goods at said sheds, and where- 
 as there is between the said she<k and Simcoe Street, to the 
 eastward certain property belonging to the parties hereto of the 
 first part and known as part of the Walks and Gkurdens property 
 belonging to the said, the Corporation of the City of Toronto, 
 ^d wh^Ws a petition has been presented to the Council of the 
 Coiporation of the said City of Toronto by certain merch- 
 9nts and citizens prajring that a right of way or an allowance for 
 a road might be granted to the parties hereto of the second part, 
 over and along said lot or parcel of land upon which there might 
 be constnicted a road to afford access to said sheds from Simcoe 
 Street aforesaid, and the said Council haying granted tlie prayf r 
 
s 
 
 / 
 
 . (v 
 
 118 
 
 of said petitioners, and having agreed with the parties hereto of 
 the second part to lease to them the said right of way on the 
 conditions and subject to certain •'reservations and stipulations 
 agreed upon and hereinafter contained : 
 
 NOW this indenture witnesseth that the said parties of the 
 6rst part in consideration of the premises and of the yearly rents, 
 covenants and agreements hereinafter contained, and which on the 
 part and behalf of the said parties of the secdnd part, their 
 successors and assigns, are to be respectively paid, observed and 
 performed, have demi«ed, leased, and to farm, let,, and by these , 
 presents do demise, lease and to farm let unto the said parties of ,^ 
 the second part, allthat piece or parcel of land and premises 
 situate, lying, and being, in the City of Toronto and being that 
 portion of the Walks and Gardens property immediately south of/* 
 Front Street and west of Simcoe Street shewn on the annexed 
 plan cQlored pink, being ten feet wide at its junction at Simcoe 
 ■Street, and running westward, in a line not parallel with Front 
 Street two hundred and fifty feet, to a terminus of forty feet m 
 width as shewn on the plan annexed hereto. , 
 
 1*0 have and toliold the said premises and every *part and 
 parcel thereof with the appurtenances unto the said parties of the 
 second part, their successors and assigns, from the day of the date 
 of these presents, for and during, and until the full end and term 
 of forty years thepce next ensuing, and fully to be cpmpleted'^d 
 -ended, yielding and paying thetefor yearly, and every year dunng 
 the s^id term unto the said parties of the first part, their successors 
 or assigns, the yearly rent or sum of bne pound of lawful money 
 of Canada in annual payments. " , 
 
 AND the said parties of the second pait, for themselves, 
 their successors and assigns, lio hereby covenant and agree to and 
 with the said parties of the first part, their successors and assigns, 
 io pay rent, and that they will convert the said piece of land hereby •* 
 demised into a good and subs(tantial road forty feet in width, 
 ' connecting Simcoe Street with, and affording access to said freight 
 sheds, and keep, the said road in repair mfder the supervision and 
 direction of the City Engineer, and in the event of the removal 
 of said freight sheds or in^he event of the said road or right of 
 way not being used for the cbnvenienc*^ of the saioparties of the 
 second part, or being for public -cbnvenience then that the parties 
 of the secon.d part will immediately thereafter surrender the term 
 hereby Ranted and give peaceable possession to the parties of the 
 first part of the said piece or parcel of land. . 
 
 And the said parties of the first part covenant with the said 
 parties of the-g^nd.part for quiet enjoyment 
 
 /. 
 
 .. SSf ■ 
 
ies hereto of 
 
 way on the 
 
 stipulations 
 
 parties of the 
 ; yearly rents, 
 1 which on the 
 d part, their 
 observed and 
 and by these , 
 »id parties of .,^ 
 and premises 
 id being that 
 lately south of /• 
 
 the annexed 
 on at Simcoe 
 '1 with Front 
 ; forty feet in 
 
 ivery^^jpart and 
 I parties of the 
 day of the date 
 end and term 
 :pmpleted'1md 
 try year during 
 heir successors 
 lawful money 
 
 )r themselves, 
 id agree to and 
 >rs and assigns, 
 ; of land hereby"^ 
 feet in width, 
 s to said freight 
 supervision and 
 of the removal 
 ad or right of 
 ^parties of the 
 that the parties 
 ender the term 
 le parties of the 
 
 •TffTffV"Sr 
 
 119 
 
 IN witness whereof the said parties hereto have hereunto 
 set their hands and seals in manner following, that is to say, the 
 Corporation of the City of Toronto their Corporate Seal by Francis 
 H. Medcalf, Esq., Mayor of the said City, countersigned by Andrew 
 T. McCord, Esq., Chamberlain of the said City, and the Grand 
 Trunk Railway of Canada their Corporate Seal by Charles John 
 Brydges, Esq., Manager of the said Company the day and year 
 first above written. 
 
 Signed, sealed and de- ) 
 liyered in presence of J 
 
 J. McBRIDE. 
 
 F. H. MEDCALF, Mayor. 
 
 A. T. McCORD, Chamberlain. 
 
 f Seal of City 
 ( of Toronto. 
 
 Here follows a sketch of the land above leased >- 
 
 ^n 
 
 0- 
 
 Dt with the said 
 
 
 
 
 
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 W^M 
 
 
 
 
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120 
 
 Oonveyance dated June 26th, 1869. 
 
 June 29th, 1869. 
 
 Registered 
 
 ■/', 
 
 THIS INDENTURE made this twenty-sixth day of Jun« 
 in the year of our Lord one thousand eight hundred and sixty- 
 nine, in pursuance of the Act respecting f'?'^ ^l"'\?^J^^;'^y;f 
 ances, by and between the Corporation of the Oty of Toronto ef 
 the first part, and the Grand Tnrtik Railway Company of Canada 
 of the second part. 
 
 WHEREAS the Grand Trunk Railway Company of Can- 
 ada require the lands hereinafter mentioned and described for the 
 purposes of their Railway. - ^ 
 
 AND whereas, the said Company the parties hereto of the 
 second part, after taking in due form the steps required TSy law, 
 did applTto the parties hereto of the first part, tb purchase the 
 said lands and all the rights hereinafter mentioned, and did offer 
 the said parties of the first part for the said lands the sum of 
 three thousand five hundred dollars. And whereas, the parties 
 of the first part did accept the said offer and under and pursuant 
 to and by virtue of the provisions of Chapter 66 of the /Consoli- 
 dated Statutes for Canada, have^ agreed to convey the l^ds^d 
 rights hereinafter described. Therefore this Indenture witnesseth 
 thsLt the parties of the first pairt, for and m consideration of the 
 sum of three thousand five hundred dollars, to them m hand paid 
 by the parties of the second part, the receipt whereof is hereby 
 acknowledged, have and by these presents do under and bjrvutue 
 of the said statute, and in pursuance thereof, grant, bargain, sell, 
 assign and <:onvey unto the said parties of the second par^aU 
 that certain tract or parcel of land situate in the City of Tordnto, 
 and which may be more particularly -^esqibed as follo^, that is 
 to say : All that certain tract or parcel of land bounded on the 
 east by Simcoe Street,;bn the north by the south side of Front 
 Street, on the west by^theUands of the gaid parties of the second 
 part, and on the south by the bne of thft original top of the bMik 
 M mentioned and described in the pat^t from the Crown, under 
 which the said lands are now held^ the said parties hereto of 
 the first part. Also all the right, tit^ and interest of the pwties 
 of the first part, in all the said land si^te between the said above 
 described premises, and the Water Lot south thereof, known as the 
 
 / 
 
 rf. 
 
 
 
-.,' 
 
 14 
 
 m 
 
 Reet' liot, that is to toy, this conveyance is intended to convey 
 and to cover all the lands, rights, and interests of the parties of 
 the first part north of the said Rees' Lot.«bounded on the west, 
 north, and east as above described. To have and to hold unto 
 the said parties of the second part, their successors and assigns 
 to the sole and only use of the sayl parties of the second part, 
 their successors and assigns for ever. 
 
 AND the parties hereto hereby for themselves, their succes- 
 sors and assigns, covenant each with the other as follows, that {3 
 to say f First. That they the parties of the first part have done 
 no act to incumber or charge the said land, or any part thereof, 
 and that the parties of the second part, their successors and 
 assigns, shall have and possess and enjoy the said land, free from 
 incumbrances made or created by the parties of the . first part 
 That the parties of the first part shall and will »t all times and 
 at any time hereafter at the request and at the costs and charges 
 of the parties of the second part, make, dp, and execute all act or 
 acts, deed or deeds, conveyance or conveyances, necessary or 
 requisite in order to vesting the above mentioned lands and nghti 
 in the parties of t^e second part, their successors and assigns to 
 the full extent which by any statute, law, or other power or au- 
 thority is vested in them the parties of the first part. 
 
 AND the parties of the first part hereby release to the 
 parties of the second part all their rights to the said lands. 
 
 IN witness whereof the parties^bove named have hereiiliii9 
 affixed their respective coiporate s^s on the day and year ftnlf 
 'above written. • ' A i 
 
 SAMUEL B. HARMAN, 
 
 Mayor of TorontOi 
 
 A.T. McCORD, 
 
 Chamberlain. 
 
 PirM. B. HICKS. 
 
 
 f Seal of City 
 ( of" Toronto. 
 
 %--. 
 
 ■ ■y^ 
 
 1 
 
I . 
 
 t 
 
 \) 
 
 12« 
 
 OAF. XXZIV. 
 
 \ 
 
 -. s, 
 
 AN ACT to legalize and confinn an agreement made between * ^^ 
 
 the Grand Trunk Railway Company of Canada, the Great ;^,^^ 
 
 Western Railway Company and the Northern Railway Com- /» 
 pany of Canada, relating to the Toronto Esplanade, and for 
 
 other purposes therein mentioned 
 
 [Assented to i8th March, 1W5. . 
 
 
 ^lecond 
 
 height 
 
 rimnk 
 
 WHEREAS an agreement, bfearing date the twent 
 day of December, in the year of Our Lord one thoua 
 hundred and sixty-four, has been made between the Gr_-„ -j;-*~ 
 Railway Company of Canada, the Great Western Railway Com- 
 pany and the Northern Railway Company of Canada, for the 
 settlement of differences, and to define the rights, privileges And 
 obligations of the several Companies towards each other m respe^--'^ 
 to the Esplanade in Ae City of Toronto, and the use thereof 
 •ad for other purposes therein set forth, which said agreement is 
 fit Mt in the schedule to this Act ; and whereas the said Com- 
 WMkhave petitioned that the said agreement may be confirmed, 
 Sftilitexpedient to grant the prayer of the said petition s 
 llg|g|gL Her Majesty, by and with the advice and consent 
 .ji^l^i^lative Council and Assembly of Canada, enacts as 
 
 t. The said agreement bearing date the tweinty-second day 
 of December, in the year of Our Lord one thousand ei^ht hun- 
 dred and sbrty-four, and which forms the schedule to this Act, is 
 hereby confirmed, and all and singular the provisions, stipulations, 
 covenants and agreements, and other matters and things m the 
 said agreement contained, shall be ^^id and binding upon the 
 said several Railway Companies ac^ding to the tenor and effect 
 of the said agreement - j 
 
 a. Esplanade Street shall be deemed a public highway, and 
 
 " and may KJ i^wfll' f"" \^^ Ctfj^q ption of the City of T o- 
 
 8, a nghtof 
 
 / 
 
 f ibnro, T6 gnuit^RWSe said several Railway Companies, d. ngt 
 
 ^ way ^v*>r ^i pnn fl^^ '"^f twelve feet «'* j"*;^^* °^ ^\ south 
 
 part thereof for Vailway purposes, as in the ttfth clause 01 tne said 
 
 ^ agreement provided ; a nd thcs aid right of w a y of twelve leet sue 
 
 :y -v; 
 
inchcf and of the twelve feet six inches off the north part of the 
 south forty feet of said Ksplanaclc, shall be thercaAer used 
 and enjoyed by the said Railway Companies for railway puq)08es 
 as in the said agreement mentioned. 
 
 3. It shall and may be lawful for the said Railway Com- 
 mmies, to exercise, have and enjoy, in and upon the Tofbnto 
 Esplanade, all and singular the rights, easements, privileges and 
 powers in the said agreement mentioned ; but the south twenty- 
 seven feet six inches of the said south forty feet of the said 
 Esplanade shall, for railway purposes, be exclusively used and 
 enjoyed by the said Grand Trunk Railway Company, as in the 
 said agreement mentioned ; provided that nothing in this Act or 
 in the said agreement contained, shall be understpod or Construed 
 to grant or convey to the said Railway Companies or any of 
 them, an estate in fee in the said Esplanade or any part thereof. 
 
 a 
 
 4. It shall, from time to time, as the same may be required 
 tot public use, be the duty of J^he said Railway Companies, at 
 their own expense as hereinafter specified, so to construct the 
 spaces between the rails and between the tracks, and all the 
 
 g«ces on and over the southerly fi fly-two feet six inches — (the 
 rand Trunk Railway Company as to the south twenty-seven 
 feet six inches, and the said three Companies as to the twenty-five 
 feet north thereof) — as shall be proper and sufficient for crossing 
 th€^id rails and tracks at any point, and shall so construct the 
 same as to the level at which the same shall be, relatively to the 
 said rails and otherwise, and as to the materials to be used, such 
 as ballast, broken stone, paving or planking, and as to the man- 
 ner in which the same shall be so constructed, as the said Cor- 
 poration of the City of Toronto shall approve, and shall always 
 thereafter keep and maintain the same in an efficient state of 
 repair upon notice from the said Corporation of the City of To- 
 ronto. 
 
 5. The said Companies shall not, nor shall either of them 
 leave standing upon the said tracks oj upon the switches, or upon 
 the said twenty-nve feet, any trains, cars, engines, materials, ap- 
 pliances, stock, freight, goods, or other things, other than those 
 cars, engines and trains required for the purposes of their trade 
 with the City of Toronto, in loading or discharging freight and 
 for passenger traffic, nor for any longer time nor more frequently 
 nor otherwise than shall be necessary for such purposes 
 shall they discharge or unload their cars on any street crossing. 
 
 6. In the event of differences arising at any time between 
 the Corporation of the City of Toronto and the said Railway 
 Companies as to the loading, unloading, or discharging of freight, 
 
 (/ 
 
 
 \ 
 
114 
 
 ar the ftlWgcd inconveniences of the placet whcrt the "nie J* 
 conducted, or the times ancJk manner of doing 90, or »"/ other 
 
 olmmction, arising out of I..y of the "»i^"/; "l^^J*? ^^^jj^^ 
 preceding action mention*^, the «me ihalVI)* "ettled br^«f«f- 
 ence to the Railway Inspector appointed or to be appointed by 
 the Railway Commisiionefi. 
 
 7 It ihall not be lawful for any or either of the »id Railway 
 Companies to run their, enaincs or train. "^" «;[ a>o"8 «"d 
 Esplanade at a greater ra e ofipeed than four "^des an hour 
 unless permitteS so to df by b^-law of the said Corporation of 
 the'Citrof Toronto, butlito no case to exceed the rate of ta 
 miles an hour. 
 
 8. In case the said Corporation of the City of Toronto shaJl 
 refuse to grant the said twelve feet six inches of the south part 
 of Esplanade Street to the said Railway Companxen the i^e- 
 roent in the schedule to this Act and this Act »hall become in. 
 operative, and the said Corporation of the City -of Toronto and 
 the said Railway Companies shall severally be remitted to he 
 position in which they severally were before t»^e T"f »"?. f **"* 
 agreement first hereinbefore mentioned, notwithstanding any- 
 
 " thing in the said agreement or in this A«t contained. 
 
 " , . ■ if- - ■ 
 
 9. This Act shall be a public Act ^_^ ■»-. 
 
 SCHEDULE TO THE FOREOOINO ACT. 
 
 ARTICLES of agreement had, made, entered into, and 
 fully agreed upon, the twenty-second day of December, m the 
 year of our Lord one thousand eight hundred and sixty-four, by 
 ind between the Grand Trunk Railway Company of Canada, of 
 the first part, the Great Western Railway CompanyofUifiJtt:Qn<l 
 part, and the Northern Railway Company of-Canada, of the 
 third part ; 
 
 WHEREAS dilTercnces have arisen between the said Rail- 
 way Companies parties hereto as to their respective rights upon 
 the EsplaSiade iiThe City of Toronto :-For the setUement o( 
 these differences and clearly to define the rights, pnvileges and 
 obligations of the said several Companies towards each other in 
 respect to the said Esplanade, and the use thereof^ they have 
 mutually and respectively agreed to become parties to these 
 presents, and to be hound by the covenants, provisions and stip- 
 ulations hereinafter contained. -, . 
 
 Firstly. It is hereby declared and agre^sd by and between 
 the several Companies, parties hereto, that it shall and "lay be 
 -._—__._ _ _^____^_^___ ^^;i^^^^ f^i^mnoTiv ami their sue- 
 
 lawfiil for the said Northern Railway Company, and 
 
 I: 
 
 1^! I' 
 
 \i \ 
 
 ;f: .■ 
 
125 
 
 Thirdly. It is hereby further declared and agreed by 
 between the said several Railway Companies, parties lyereto, 
 it shall be the duty of the Grand Trunk Railway Co 
 all reasonable speed, and on or before the fifteenth 
 in the year of Our Lord one thousand ei^ht hundr 
 live, if the Act for legalizing and confirming the a^ 
 inafter mentioned be passed during the next ensu 
 Parliament, to make, build and lay a railway track 
 g^uge, and in a substantial and workmanlike mann 
 twelve feet six inches of the said south forty feet 
 pjanade, extending easterly to the end of the 
 
 r 
 
 A 
 
 u 
 
 ceMOrs,'and they are hereby fully authorized and empowered it 
 any time when judged cx|)cdicnt by the Mid Company so to do, 
 to lay down, construct, maintain and k'vcp on thcrmttlL^w^vc 
 mm Un \ m g ! ^ne WUl l l mil l l Hw U l Hg -Taia-Eiiplanane. a 
 iri£V (II irSLllI unnUing Irom their4;[refl«nt raiTwav utation eaat* 
 ^^tyrti tk |i>>m m '' ♦ 'fti't tfirtttneewjjk of the lot Icnown as Dr. 
 * T^tei/lBt, b>iwff-ttTri^rigTn'yrtlre rhain l»<ie of the Grahd 
 ^ ' ^netH Ksnl.in.nrie Street, near Recs' Wharf, 
 
 •nd at the same f^Sint lA jOtfl Wfifl «'oinit» i wf!t>i lUa iai4 -fSfimd j 
 Trunk main line, and tflj a ULthe trains, loconwtiven JUuL^ ^rs o f 
 any description oftne,^a ^^ortr >ern Kail way Lflfflfitany, on and 
 o7tf the wiid (lia3T3''Triink niainTtrre.'ffom the said point of in- 
 lersSction to York Street, subject, nevertheless, to the ' provisions 
 contained in clauses eight and nine of this agreement ; and until 
 such track shall be laid and constructed, it snail and may be law- 
 ful for, and the said Northern Railway Company are hereby 
 expressly declared to have the right, casement, privilege and 
 power to use ono of the tracks of the said Grand Trunk Railway 
 now laid from Brock to York Street aforesaid, for the runnmg of 
 trains, cars and locomotives, and to connect at Brock Street 
 aforesaid with the said (irand Trunk line by means of the necet- 
 lary switch for that purpose. «, 
 
 Secondly, It is hereby further declared and agreed by and 
 between the said S(^eral Railway Companies, parties hereto, 
 that it shall and may be lawful, from time to time, and at all 
 times hereafter, for the said Great Western Railway Company, 
 and they are hereby declared to have the right, easement, privu- 
 «{6 and power to join and connect with the said Grand Trunk 
 , lUilway Company's main lirite by means of a switch at a point 
 near Peter Street, and to run the trains, locomotives and cars of 
 any description of the said Great Western Railway Company, on 
 and along the said Grand Trunk line fi-om the point of junction ' 
 aforesaid, easterly to York Street aforesaid ; subject, nevcrthe- .^^ 
 less, to the provisions contained in the eighth and ninth dautles 
 of this agreement 
 
 and 
 that 
 pany, with ^ 
 y of May, , 
 and sixty- 
 :roent here* 
 Session of ■ 
 (he proper, 
 on the north 
 the said.Es- 
 id Esplanade 
 
 IL 
 
 if 
 
 Y- 
 
 
 
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 fro B a the point at York Street, wher e th e privileg e of ninning 
 
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 126 
 
 over the saicl line of the Grand Trunk Railway granted to the 
 said Northern RaUw^ Company and the said Great Western 
 Railway under clauses one and two of this agreement terminates, 
 and it shall and may be lawful for the said several Railway Com- 
 panies, parties hereto, ^^jtaSMiLsmS^J^^^^ ^'"^ ^ ^^ 
 
 structed, in common, for the traffic and 
 
 ' pUf yu i tcs 
 
 Tjf-the 
 be law- 
 
 , ningTw 
 
 said several railways J Provided always, that It shall not 
 ful for the said Gradd Trunk RaUway Company to use the said 
 track in any manner for the through traffic purposes of that 
 Company, ' * ^ - 
 
 Fourthly. It is hereby further declared and agreed by Mid 
 between the said several railway companies, parties hereto, that 
 the south twenty-seven feet six inches of the said south forty feet 
 of the' said Esplanade, shall for railway purposes be vested in and 
 exclusively used and enjoyed by the said Grand Trunk Railway 
 Company. ' . ^ . 
 
 Fifthly. It is hereby further agreed by and between the said 
 several companies, parties hereto, that application^^^l be made 
 on behalf of said companies to the Corporatioii of the City of 
 Toronto,, to grant to the said several raUway companies, parties 
 hereto, and their respective successors, twelve feet six mches m 
 width of the south part of Esplanade Street, adjoinihg the north- 
 em limit of the said south forty feet of the Esplanade along the 
 whole length of said Esplanade Street, for raUway purposes : and 
 the said piece of land so granted shaR be vested in the said sev- 
 eral raUway companies in common, to be used for siding for 
 loading and unloading freight, and pwpose^netfc^ljr incident- 
 al thereto: sitch' sidings to be completed on or before ti\e fifteenth 
 day of Miy, in the year of our Lord one thousaftd eight hundred 
 and sixty-nve. ,.-■-'• - .-* • 
 
 Sixthly. And it is hereby further declared and agreed by aid 
 ^.^een the said several railway companies, parties hereto, that 
 toplication on their behalf shall be made to the Parliament of 
 m Province for an Act to legalize and confirm, this agreement 
 ad the provisions therein contained, and to vest in the ^id se^. 
 railway companies in common for railway purposes the said 
 strips of land of twelve feet six inches each, being the north, 
 (twelve f^t six inches of the said south forty feet of the s^d 
 'Esplanade, and the south twelve feet six inches of the Esplan^fe 
 Street, together making a strip of land twenty-five feet in widA 
 along the whole length of the said Esplanade easterly from York 
 Street, subject nevertheless to the respective nghts of the said 
 several railway companies as herein declared in relation to each 
 otlw»r: and the manner of working the severd trams of the said 
 companies upon the said tracks on the twenty-five feet to be used 
 in common, easterly from York Street to the end of the Esplan- 
 
 p :^ 
 
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 :M- 
 
fe^T.-;. 
 
 P? 
 
 ' 127 ■ . 
 
 ade, shall be mutually agreed upon between the said companies, 
 and failing such agreement shall be settled by arbitration in the 
 manner provided for in clause twelve of this agreement; and that 
 upon the said Act being obtained, the grant by the City of Toron- 
 to of twenty-five feet of land along said Esplanade tq the Great 
 Western Railway Company and the Northern Railway Company 
 shall become and be null and void; provided always, that nothing 
 contained in clauses fo)^r, five, and six of this agreement shall be 
 held or taken in any way to interfere with the rights of the public 
 as now existing, to cross for the purposes of ordinary .traffic the 
 fifty-two feet six inches used for makmg tracks, nor to prevent 
 the said Railway Companies in the same manner as and as part 
 of the general public crossing the same, but nothing herein con- 
 tained shall authorize the crossing the same by means of railway 
 tracks or rails. ' 
 
 Seventhly. It is hereby further declared and agreed by and 
 between the said several Railway Companies, parties hereto, that 
 upon, from and after the passing of the said Act, all claim and 
 right whatsoever which the Grand Trunk Railway Company may 
 have, or pretend tb have, to any right of way ©r other easement 
 or privilege upon or through the grounds . of the said Northern 
 Railway Company, as now enclosed between Brock Street and 
 Bathurst Street, shall cease, determine, and be wholly void. 
 
 Eighthly. It is hereby further declared and agreed by and 
 between the said several Railway Companies, parties hereto, that 
 
 from the pop^^^bf'l ^^^T^^^ i^^^^F^yi'^"'^ ^*^T*^ Western 
 Railway respectively jolntne73ra!nr^u^J3^^Q3QEBweet, 
 "^IWi^MdJpisaMd Tiuilli4iuU'SIiall be in accordance with, 
 ' and under the nm ning regulati ons ofthfe Grand Tru^ J^lway 
 Joft'pany, andthMM'stRffl' liilVe brbti^deiiiie'<)f lluUirin the fol- 
 lowing order :- 
 
 ' ist Grand Trunk- passenger trains. 
 
 anjL Passenger trains of the said other companies. 
 
 3rd. Freight trains of the Grand Trunk. 
 
 4th. Freight trains of the said other companies. 
 
 .5th. Special and irregular, and 'other trains to be run in 
 the same order, Grand Trunk first, and the trains of the same 
 dass or denomination as the Grand Trunk, df the other Com- 
 panicsy^ next in ordfer. < 
 
 Ninthly. It is hereby further declared and agreed by and 
 between Ae said Railway Companies, parties hereto, that the 
 switches and signals used in gettihg on and off the Grand Trunk 
 
 i 
 
 \ 
 
 i 
 
a 
 
 :/'■■ 
 
 128 
 
 line, when the said hne is used b}' the said other Gomfianies as well 
 at other times, shall be under the sole control and management 
 of the Grand Trunk Railway Company, and the servants thereof. 
 
 Tenthiy. It is hereby further declared and agreed by aiid 
 .between the said Railway Companies, parties hereto, that the line 
 of sidings to be laid and constructed on the said twelve feet sue 
 inches of the south part of Esplanade Street, as mentioned in 
 the fifth clause of this agreement, shall be divided among the 
 said several Railway Companies in the manner to be hereafter 
 mutually arranged between said Companies, or in case of disagree- 
 ment, by arbitration as hereinafter jirovided. , 
 
 Eleventhly. It is hereby further declared and agreed by and 
 between the said Railway Companies, parties hereto, that if the 
 Act for the legalizing and confirming of this agreement i§ passed 
 during the nextensuing Session of Parliament, the present track 
 used by the Gr^t Western Railway Company from Peter Street 
 to the Esplanade^shall be discontinued and removed by the 
 fifteenth day of May in the year of our Lord one thousand eight 
 hundred and sixty-five. 
 
 Twelfthly. It is hereby further declared and agreed by and 
 between the said Railway C)6mpanies, parties hereto, that the pay- 
 ments or compensation to be made by the said Companies re- 
 spectively to the others or otl^er of them for the facilities herein 
 provided and exchanged between them respectively in relation to 
 the use of the lines and sidings as set forth in this agreement, 
 shall, in case the same cannot be mutually agreed upon withm 
 three months from the passing of the said Act, be settled and d^ 
 ,' termined by the President of the Penhsylvania Central Railroad 
 Company for the time being, and in the event of his refusing to 
 act in the settlement thereof, then such payment or compensation 
 shaH be settled and determined by some other person to be 
 mutually agreed upon by the said Companies respectively, and 
 if the said Companies cannot agree upon such arbitrator, then 
 upon application of any of the parties hereto, it shall be lawful for 
 any orie of the Judges of the Superior Courts at Toronto to nomi*?^ 
 nate and appoint an arbitrator to determine . such compensation ; 
 provided always, that any award to be made by the arbitrator 
 under this agreement, so far as the same shall determine any 
 charge (not being a payment for past capital expenditure) to be 
 paid by a^y of the said Companies to the others or other, shall 
 be open td^ reconsideration smd redetermination at the expiration 
 of five yeare, and the expiration of every succeeding five years, the 
 arbitrator to be mutually agreed upon or appointed by Judge as 
 hereinbefore determined. r 
 
 ' « 
 
 t^MsSa^.: 
 
J 
 
 
 l» 
 
 Thirteenthly.- It is hereby futther declared and agreed by 
 and between the said several Railway Companies, parties hereto, 
 that all le||^ proceedings at law or inequity now pending between 
 the said Companies or any of them, in relation to the said Es* 
 planade* or the rights of the said Companies or any of them, to 
 lay down tracks upon, or otherwise liise the said Esplanade or any 
 part thereof, or in any manner relating to the matters in this 
 agreement provided for, shall for tpe present be suspended, and 
 upon the passing of the said Act, shall be absolutely aban- 
 doned ; and in case the said Act shall not be^ obtained, all such 
 legal proceedings, whether at t&w or in Equity, shall or may be 
 taken up and continued, as if tjiis agreement had never been 
 made ; provided always, that thfe party who had to take the next 
 step on the twenty-second day ^f, December, in the year of our 
 Lord one thousand eight hunc^ired and sixty-four, shall have two 
 weeks next after the end of the session of Parliament in which 
 the said Act shall be rejected; to take such step. 
 
 Fourteenthly. It is hei/eby further declared and agreed by 
 and between the said several Railway Companies, parties hereto, 
 that it shall and may be lawful for the said Great AVestem Rail- 
 way Coinpany to make the connection of their line with the Grand 
 Trunk line at Peter Street ai: once; provided always, that their 
 present line shall remain as it is until the said Act is obtained, or 
 if the said Act be obtained before the fifteenth day of May one 
 thousand eight huncbed a(nd sixty-five, then until the said fifteenth 
 day of May one thousand eight hundred and sixty-five. 
 
 Fifteenthly. It is liereby furtlier declared and agreed by 
 and between the said several Railway Companies, parties hereto, 
 that it shall and may be lawful for the said Great Western Rail- 
 way Company, and the said Northern Railway Conipany to use in 
 common with the Grand Trunk Railway Company, the present 
 sidings of the said Grand Trunk Railway Company on the said 
 Esplariade,'east of York Street, until the arrangements by this 
 ■ agreement provided for, are carried into effect, or until the said 
 Act shall be rejected^ 
 
 Sixteenthly. It is hereby furtha: declared and agreed by 
 and between the said several Railway Companies, parties hereto, 
 that each of the said Companies shall and will use every exertion 
 and all fair and leotimate means to procure and obtain the pass- 
 ing of the said A(^by the Parliament of this Province to l^plize 
 and carry into effect this agreement, and that tfaey shall and will 
 bear the expenses bf obtainii^ the said Act or of the attempt so 
 to do, and aHl ne<f«ssary proceedings connected therewith and 
 with this agreeme&t, in equal proportions. 
 
 ;¥ 
 
 li 
 
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:* 
 
 |t 
 
 old Tm«k ^"™\^°"SrUSt.W olSrve. perform. MM. 
 
 SrforS fulfilled, and kept ^ Jjf ^f G?^t"^estem Railway 
 
 Cortpany and the said Northern ^ .V . ^cordance with this 
 V Sem!rdue andprogerusean^^^^^^^^^ ^ghts ej^^ 
 
 agreement, of any of ^^e ^^^^^^^^^^ either of tWm are by this 
 ments or privileges to which they or ^ ^ y^^ gi^all by 
 
 ^:emen^ntiUed.t,rtow^^^^^ 
 
 X said act become entitled, and snau *« ^j^^ g^^^j other 
 
 STer^o all things necessary on their p^ ^id Graitd Trunk line 
 
 .cSipaniestousethesaidporti^^^^^^ ^^ <>*«^,^SS 
 
 on Which, by the terms of thw^^^ locomotives, and cars 
 
 pLTes h^ve the right to wntheir^^^ ^cor^mg 
 
 - Che "tanner h«^^ -^Jf^^ ,e^i„g of these pre.- ^ 
 . to the tenor and etteci, wuc u 
 
 '^^^' «7 »^« Hailwav Company hereby cove- . 
 
 And the said Great .Western ^ilway^o^^ ^ ^ 
 
 ^ nants to and with the said Grand TmnkK^wy^ 
 
 ■ sr.si'Sp«SSrsrs.s'«;g. 
 
 and«hall not nor will, m the "se oi i constructed or jomt- 
 
 jLt and «»f ^'«^So^ ^lw»y Co-^T^ «"'*^ '^ 
 SrSS.f^d'Staning of *is ^green.en'- 
 
 - A«dthes«dNor*e.~^«);Co..gjf ^■^/'S 
 
 not nor mU In *e use of tte OT« yt™ . i„ay used as afiVre- 
 
 Sid. wilffy "VirPS^toTd'^ Railway' Company or 
 able use t hereof by the saia w^ ^_ ; ; 
 
 / 
 
'It-, 
 
 181 
 
 >v 
 
 lereby covenants 
 jmpany and the 
 r, , that the «a»<l 
 torn time to tiijie 
 
 5, perform, fuW l, 
 ^cements herein- 
 ehalfof the «iid 
 le tenor and effect. 
 It to be observed, 
 or will wilfully o^ 
 ^Western Railway 
 pany, or either of 
 xordance with this 
 fs «r rights, easc- 
 them are by this 
 of them shall by 
 11 at all times here- 
 nable the said other 
 Grand Trunk line 
 6 said other Com- 
 omotives, and cars 
 provided, according 
 Jaing of these pres- 
 
 ,mpany hereby cove- . 
 Ivyay Company and . 
 tch of them, that the 
 
 liaU and wUl m all 
 ly observe, fulfill,; Pl- 
 ants herein contained, 
 
 I Grand Trunk Une . 
 i constructed or jomt- 
 tiinder or obstruct Jhe 
 Grand Trunk Railway 
 Company contrary to 
 ent; ■ '■ .■■ :' , .^■ 
 )aIiydothherebycove- 
 ailway Company^^d 
 respectively, that tne 
 I wiU in aU ;hmp pn^ 
 fe,perfon9, f^dfiU, Mid 
 rin contained, andshall 
 rruhklineorsidm^or 
 or jointly used as aiore* 
 ructthejustor reason- 
 Railway Company or 
 
 ■ 4» 
 
 the said Great Western Railix^y Company contrary to the true in- 
 .tentliLnd meaning of this agreement 
 
 And lastly, it is hereby further agreed by and between the 
 said Railway Companies,* parties hereto, that each Company shall 
 have power at any time hereafter, to establish' and work any pas- 
 senger and freight station on the north side of Esplanade Street, 
 east of Bay Street, th&t it may select, and shall have authority to 
 purchase land for^the same, and shall be at liberty to*cix>ss Es- 
 planade Street to such place and in such manner as may be 
 necessary for convenient access to such station ; provided always, 
 that np such crossing or access shall, in any way, ihterfeire with or 
 inconvenience any crossing or access to the station grounds of 
 the other. 
 
 IN witness whereof, th& said several Railway Companies have 
 hereunto set their respective Corporate Seals, the day and year 
 first above written. - 
 
 S^led with the C<3tporate Seal 
 of the Grand Trunk Railway 
 Company by the Hon. Janjes 
 Ferrier,whoatthesametime and 
 in my presence dsliyered the 
 same on behalf of the said Com* 
 papy and afHxed his signature 
 thereto. 
 r^ ' ■ -.- ': . W. Wainwright. 
 
 Sealed with the Corporate Seal 
 of the Great Western Railway 
 Company by thie Hon. William 
 McMaster, who at the same 
 time and in my presence de- 
 livered the same on behalf of 
 the s£ud Company and affixed 
 his signature thereto. 
 
 Geo, B. Spriggs. 
 
 J. FERRIER, ( Corporate Seal 
 Chairman. I o^Gn^dT^nk 
 
 W. McM ASTER, (Corporate seal 
 ■^Chairman. J °fGreat West- 
 (..em R y. Co. 
 
 Witness to signature of ) , F. CUMBERLAND, 
 
 Frederick Cumberland > 
 J. P. Macpheri^. j 
 
 Witness to the signature^ 
 
 ofThom^Ham^jCon.. V 
 
 Geo.'%. Hamilton. ) 
 
 Managing Director. 
 
 N. R. Co. 
 
 V ' ( Corporate Seal 
 
 .< of Northern 
 ' , ( Railvmy Oos 
 
 THO. HAMILTON, 
 
 Secretary N. R. Co. 
 
 ^ 
 
 prV»%? I 
 
' 182 
 
 1 
 
 
 ^> 
 
 in 
 
 'I 
 
 Conveyance. Dated April 19th, 1865; 
 
 • ■ ■ 
 *rMTQ TKDFNTURE made the nineteenth day of April in 
 
 the Northern Railway Company of Canada of the lounn P* ^ 
 WHFRFAS bv a certain act of the Parliament of Canada^ 
 
 NOW this indenture wimes5<ith that the said Cor~«to^^ 
 
 the schedule thereto mentioned. 
 . - Kaa^?orX^»>JS^»"4fHB^ 
 
 <uj^ 
 
 r 
 
v^ 
 
 188 
 
 frontage with any trains, cars, engines, materials, stock, freight, 
 or otjher Railway appliances. 
 
 * ' ' » ■ ■ 
 
 TO have and to hold the same unto the said three Railway 
 ' Companies, parties of the second, third and fourtl^ parts, their 
 successors and assigns, to and for their own use for ever, subject 
 to, and for the purposes, and upon the terras and conditions 
 mentioned in the sfaid Act of Parliament, rfnd in the said agree- 
 ment. ^ , - 
 
 ■ AND the said Grand Tfuok Railway Company do hereby 
 covenant and agree with the Corporation of the City of Toronto, 
 that any person" or persons owning or leasing a wharf or wharves 
 so>ith o( said Esplanade, may at any time lay down and con- 
 .struct from the sguth side of the Grand Trunk Railway a siding 
 'or switch and connect the same with the southerly track of the 
 Grand Trunk Railway. 
 
 PRO VI DED^ways, however, that the said siding and switch 
 shall before being, laid down and constructed, be submitted to 
 and approved by the said Grand Trupk Railway Company in 
 writing. , 
 
 AND further that the said siding and switch as to its 
 shall be under and subject to the exclusive control of the 
 Grand Trunk Railway Company. 
 
 AND each'6f the said Railway Companies, parties hereto of 
 the second, third and fourth parts> do heri^by covenant with the 
 Corporation of the ^id City of Toronto to observe, perform, and 
 faithfully discharge all the duties, obligations, matters, and things 
 which in and by the fpurth, fifth, sixth, ahd seventh clauses of 
 the said Act, or in and by the schedule thereto, or in and by this 
 Indenture, are required to be done separately or jointly by one Or 
 \either of the said Companies. 
 
 \ AN^D each of them doth further <:Ovenant to conduct their 
 business with the said City of Toronto upon^the said tracks and 
 switches in all respects, so as to produce as Kttle inconvenience to 
 the general traffic on Esplanade Street and other streets leading 
 to the whalrves as is practicable or can reasonably be expected ' 
 from them. , ' 
 
 AND the said Corporation of the City of Toronto do here- 
 by for themselves, ;^^and their successors, covenant witli the parties 
 of the second^ third, and fourth parts, respectiy^, that they the 
 said parties shall, and each of them shall, for the purposes in the 
 said Act and agreement mentioned,' have the quiet possession and *, 
 enjoyment of the said right and easement hereby gt^ied. j 
 
 use, 
 said 
 
 : t. 
 1 
 
 )K ■ . 
 
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i 
 
 1 
 
 ' 1 
 
 1 
 
 i 
 
 ■ 1 .. -1 
 
 1 ' ' 
 
 r^x ; 
 
 % 
 
 \ 
 
 ./■! 
 
 184 ■ 
 
 AND that they, the said party of the firtt part, and their 
 successors will, upon the request and at the costs and charges of 
 the said parties of the second, third, and fourth parts, make such 
 other further act and deed, as may be necessary for the foil and 
 proper catrying out of the said act and agreement, according to 
 the true intent and meaning thereof, as they the said parties of 
 the second, third, and fourth parts may reasonably require or be 
 advised to have done. 
 
 AND tuftiy/, the said Corporation of the'Cityof 1*oronto, for 
 themselves and their successors, covenant with the parties of tl\e 
 second, third, and fourth parts respectively, that the time meri^ 
 tionod in the said agreement for the completion of the hidings 
 therein mentioned, shall be extended to the first day of June, n6w 
 next ensuing the ^^te jiereof . . 
 
 IN witness whereof the said Corporation of the City of To- 
 ronto have hereunto affixed theit corporate seal, and signed the 
 same by the hand of Francis H. M edcalf. Esquire, Mayor of the 
 said City. Countersigned by Andrew T. McCord, Esq., Cham- 
 berlain of the said City. ^ And the said respective Railway Com- 
 panies parties of the second, third, and fourth .parts have here- 
 unto affixed their respective corporate seals, and sigiied the same 
 by the hands of their respective Presidents, on the day and year 
 first above writte4 
 
 Signed, sealed 
 and delivered. 
 
 H. MEt)CALF, 
 
 Mayor. 
 
 f Se 
 tof 
 
 Seal of City 
 " Toronto. 
 
 :v 
 
 / ^- 
 
 ::^ 
 
 '¥^ 
 
13S 
 
 m> 
 
 vli 
 
 Bees' \^ater Lots. Beckett Patexitee. Oonveyance, 
 01a^k6 Gamble and others to ttte Grand Trunk 
 Railway Company of Oapada. Dated Deo. 
 • 31st, 1868. Registered June 28th; 
 
 1869. ^ ■ 
 
 / ■' 
 
 '■i\,\ 
 
 THIS INDENTURE' made the thirty-first day of Decem- 
 ber, one thousand eight hundred and sixty-eight, in Jvursuance of 
 the act to facilitate tj?e conveyance of real property between 
 Clarke Gamble of the City of Toronto, Esquire r Alfred Richard- 
 Beckett and Henry Percival Beckett, both of the township of 
 York in the County of York, Gentlemen ; George Percival Ridout 
 and Joseph Davis Ridout, of the City of Toronto, Merchants; 
 John Arnold of the Town of Leamington, in the County of War- 
 wick in England, but formerly of the said City of Toronto, Es- 
 quire, and Edward Hooper of the said City of Toronto, Druggist, 
 of the first part, Caroline Ridout, wife of the said Joseph Davis 
 Ridout, and Elizabeth Catherine Hooper, wife of the said Edward 
 Hooper, of the second part ; and the Grand Trunk Railway Com- 
 pany of Canada, of the third part. ,, 
 
 WHEREAS one William Rees being seized in fee of the 
 Water Lot on the Westerly side of Qraves Street (now called 
 Simcoe Street) in the City of Toronto, conveyed the same by way 
 of mprtgage to Joseph Beckett, then of the City of Toronto, Es- 
 quir6, his heirs and assigns, by deed bearing date on or about the 
 thirteenth day of September, one- thousand eight hundred and 
 fifty-four, to secure the payment of monies and interest therein 
 mentioned, and with power to the said Joseph Beckett to sell the 
 said lands on default made in payment of the said monies or in- 
 terest. 
 
 AND whereas on or about the said thirteenth day of Sep- 
 tember, one thousand eight hundred and fifty-four, the said Wil- 
 liam Rees executed a second mortgage of the same lands to the 
 said George Percival Ridout and Joseph Davis Ridout, their 
 heirs and assigns. 
 
 AND whereas on or about the second day of February, one 
 thousand eMt hundred and fifty-six, the said William Rees ex- 
 ecuted a lurther mortgage of the same lands (excepting a part 
 
 / 
 

 .] 
 
 i 
 
 ■ i - ■ 
 
 \ 
 
 186 
 
 thereof which had been sold to one Charles M. Rces and one 
 Milton Courtwright) to the said John Arnold, hii heirs and as- 
 ■igns., 
 
 AND whereas the said William Rees, oh or about the twenty- 
 ninth day of May, one thousand eight hundred and fifty-six, ex- 
 ecuted a further mortgage of the same lands (except the part so 
 sold to Rees and Courtwright) to one James Henderson the 
 younger, his heirs and assigns, which last mentioned mortgage 
 was by the said Henderson on or about the twenty-second day of 
 March, one thousand eight hundred and fifty-eight, assigned to 
 the Bank of Upper Canada. 
 
 AN D whereas the said William Rees, on^sr about the tvventy- 
 ninth day of May, one thousand eight hundred and fifty-six, ex- 
 ecuted a further mortgage of the same lands (except the jJart bo 
 sold to Rees and Courtwright) to one Thomas BrunskiU, his 
 heirs and assigns, which last mentioned mortgage was on or 
 about the seventh, day of June, one thousand eight hundred and 
 fifty-six, assigned by the said Thomas BrunskiU to one John 
 James Vaun, his heirs and assigns, and was by the said Vaun in 
 or about the month of April, one thousand eight hundred and 
 sixty-six, assigned to one George W. Bingham, his heirs and as- 
 signs, and was in or about the month of July, one thousand eight 
 hundred and sixty-eight, assigned by the said Bingham to the 
 said Edward Hooper", his heirs an<i assigns. 
 
 AND whereas, a part of the said lands were in the year one 
 thousand eight hundred and fifty-eight sold and conveyed to the 
 Corporation of the City of Toronto for the Esplanade in front of 
 the said City, and the Esplanade was constructed thereon extend- 
 ii^g across the said lands from east to west, the portion of theswd 
 land sold to Rees and Courtwright aforesaid lymg south of the 
 aaid Esplanade. . , 
 
 AND whereas Under the said power of sale in the said mort- 
 gage from William Rees to Joseph Beckett, the said Beckett pro- 
 vided default having been made in the payment of the monies by 
 that mortgage secured, to sell those portions of the s^d lands 
 not sold as aforesaid to the said Rees and Courtwright, or to the 
 said Corporation, and at a public sale in or ^bout the month of 
 July, one thousand eight hundred and fifty-6ight, a part of that 
 portion of the said lands lying north of the" said Esplanade 'was 
 sold to one John Betz, and a part to said Clarke Gamble. 
 
 *» AND whereas, the land^ so sold to the said Clarke Gamble 
 were only conveyed to the said Gamble* his heirs and assigns, by 
 the said Joseph Beckett and the s&id William Rees by deed bear- 
 
 .'/^ 
 
 7 
 
 
 '■ '\± 
 
 ...; ■//... 
 
'T»8»Tf • 
 
 ,,^^.-^, 
 
 "■^^ P"?T' '■■«" il^'f^FW^^f ' 
 
 187 
 
 tng date on or about the ninth day of September, one thousand 
 eight hundred and fifty-eight. 
 
 V 
 
 ' 'and whereas, the said Clarke Gamble purchased the said 
 lands and took the said conveyance, and held the same onlv as 
 trustee for ttte said Joseph Beckett, George Percival Ridout, 
 Joseph Davis Ridout, John Arnold, and tne Bank of Upper 
 Canada. ^ 
 
 -^ 
 
 AND whereas, the said Joseph Beckett departed this life in- 
 testate as to his lands on or about the twenty-second day of 
 January, one thousand eight hundred and sixty-tnree, leaving him 
 surviving his children and heirs at law, the said Alfred Richard 
 Beckett and Henry Percival Beckett, together with his daughter 
 Emily Jane Beckett and his other son Joseph Ravenshaw Beckett 
 
 AND w!|preas, all the interest of the said Emily Jane and 
 of the said Joseph Ravenshaw irf the estate real and personal ^ 
 the said Joseph Beckett has by proper conveyances become 
 vested in the said Alfred Richard Beckett and Henry Percival 
 Beckett. . ^ 
 
 AND whereas the sgtid Edward Hooper has acquired by a 
 proper conveyance fronv the tntetees of the Bank of Upper Can- 
 ada all the iniktrest of the said Bank in the said lands. 
 
 AND whereas, the said parties of the first and third parts 
 have agreed for the 4ale to the said parties of the third part of 
 the lands hereinafter described, for the sum of eighteen thous- 
 and dollars, and the said parties of the first part' have each in re- 
 spect of his interest in the said "lands agreed to join in this con- 
 i^eyonce thereofy' ,, * ^ 
 
 , NOW this Indenture witnesseth that in consideration of the 
 
 I aid sum of eighteen thousand dollars now paid by the said parties 
 
 >f the third part to the said Clarke Gambld on behalf of ^1 the 
 
 laid parties/of the first part, the receipt w|,hereof is hereby acknow-' 
 
 edged, tWy, the said parties of the first part, do and each of them 
 
 in respect^ of his interest in the land hereinafter described, doth 
 
 Krant, bargain, sell and assign to the said parties of the^ird part, ' 
 
 and their successors and assigns, , y 
 
 ALL and singular, that part of the Water Lot on the wester- 
 ly si^e of Simcoe Street (forni,erly Graves Street), in the Cit\ of 
 Torbnto, which lies north of the Espliiriade, save ^d except that 
 part thereof sojd to John Betz^^ing til a# on which his taver^ 
 w stands, and having a frontage of tventy^wo feet on Simcoe 
 treet, and a depth of' seventy feet i 
 
 U 
 
 \ 
 
 
ri 
 
 188 < 
 
 AND. the laid partiei of the first part, and each of them re- 
 lease to the said parties of the third part, and their successors and 
 ^igns, all their claims upon the said tonds. 
 
 AND the said Edward Hoo[)cr transfers, assigns, and sets 
 over to the said parties of the third part, and their successors and 
 assigns, all monies 8criirc<l by the said mortK^me from William 
 Rees to Thomas Hrunskill whatever for nrincipal or interest, and 
 all rights and powers of him, the said Edward Hooper, in res|)ect 
 thereof or in any way existing under the said mortgage and the 
 assignments thereof, together with the mortgage, dce(}» and the 
 deeds of assignment th(.Teof. 
 
 AND the said parties of the second part, hereby bar their 
 dower in the said lands. 
 
 ' - AND the said parties of the fiirst'pafl, respectively each for 
 himself, and as to his own acts and not one for the other or 
 others, or as to the acts of the other or others, covenant with the 
 said partiep of the third part, that they have done no act to en- 
 cumber the said lands, and that they will pay all arrears of taxes 
 and charees thereon, and indemnify and save harmless the said 
 parties of the third part, their successors and assigns, from all 
 claims and demands in respect of such arrears, and that they will 
 execute such further assurances of the said lands as may be re- 
 quisite. ^*^ , 
 
 IN witness whereof the said parties of the first and second 
 parts have hereunto set their hands and seals, and the said parties 
 of the third part their common seal 
 
 C. GAMBLE, JOS. D. RIDOUT, E. HOOPER, 
 
 ALFRED R. BECKETT, JOHN ARNOLD, E.G. HOOPER, 
 H. P. BECKETT,^ By his Attorney G. RIDOUT. 
 
 G. P. RIDOUT, * |. W. G. WHITNEY, * * 
 
 TSr- 
 
 |l 
 
 i 
 
 '_m 
 
 ~S^ % 
 
180 
 
 Mortgage, Grand Trunk Railway Company of 
 
 Canada to J. D. Ridout, et al. Dated . 
 
 January 4th, 1869. 
 
 . THtS INDENTURE made this fourth day of lanuary, in 
 the year of our I^ord one thousand eight hundred and sixty-nine, 
 in pursuance of the act respecting short forms of mortgages, 
 
 BETWEEN the Grand Trunk Railway Company of Canada, 
 hereinafter called the mortgagors, of the first part, and Joseph 
 Davis Ridout of the City of Toronto, merchant, and Edward 
 Hooper of the same City, dnigg^'il, hereinafter called the mort- ' 
 gagees, of the »^nd pai^ 
 
 WITNESSETH thai the said parties of the first part, for 
 and in consideratioa of the sum of fourtech thousand dollars^ 
 the unpaid purchasie money of the lands hereinafter mentioned, ", 
 do grant and mortgage to the said parties of the second part, '^ 
 their heirs and assigns, as joint tenants and not as tenants in 
 common : 
 
 ALL and singular that part of the Water Lot immediately * 
 on the westerly side of Simcoe Street (formerly Graves Street) in 
 the City of Toronto, which lies north of the Esplanade, save and 
 except that part thereof sold to John Betz, being that on which - 
 his tavern now stands, and having a frontage of twenty-two feet in 
 Simcoe Street, and > depth of seventy feet. 
 
 , PROVIDED this mortgage to be void on pdyment of the 
 said sum of fojirteen thousand dollars with interest at the rate of 
 seven 'per cent, per an);ium as follows : The said principal money 
 on or before the first day of .January, which will be m the yew 
 of our Loi^,i888, and the interest on the unpaid purchase moiRtey 
 at the ^te albresaid half-yearly on the ftrst day of July aivd the 
 first day ^f January jn each year, the first payment of interest to 
 fall due 6ii the' first day of July, in the year of* our Lord one 
 thousand eight hundred and sixty-nine, and to be computed frtup 
 the first day of January, ^hich will be in the year last aforesaid, 
 and all payments, hereu^^t^to b^ made to the mortgagees at ' 
 
 I'oronto, at the B^k 
 
 
 tlreal there, or such pther Bank or 
 
 ; 
 
// 
 
 ^^ 
 
■ 1 
 
 1:] 
 
 :i 
 
 
 ' ^'/"*i 
 
 140 ■■ 
 
 place in Toronto as the mortgagors shall designate by written 
 notice to the mortgagees. * 
 
 AND provided that qpon the amount being agreed upon 
 or other\vise ascertained which is payable to the Corporation of 
 the City of Toronto in respect of the Esplanade in front of the 
 said land, and filling done thereon, under the acts relating to the 
 Esplanade, and upon three months' notice thereof given to the 
 mortgagors, the mortgagors are to pay to the mortgagees, their 
 heirs, executors, admis&ators or assigns, as a part of the said sum 
 of fourteen thousand dollars, and as an advance on account 
 thereof, the amount so agreed or ascertained, or so much thereof 
 as shall not exceed three thousand dollars : • 
 
 AND the payment of taxes and performance of statiite 
 labor. „, ' ' ' ■ ' 
 
 > THE said Mortgagors covenant with the said mortgagees 
 that the mortgagors will pay the mortgage money and interest, 
 ^ and observe the above proviso. 
 
 AND that the mortgagors have done no act to encumber 
 the said lands ; and that on default the mortgagees for .and not- 
 withstanding any act of the mortgagors, shall have quiet posses- 
 sion of the said land without the let, suit, hindrance, interruption, ' 
 or denial of the mortgagors or their successors or assigns, or any 
 person or persons whomsoever claiming or holding by, from, or 
 under the mortgagors or their successors^ 
 
 AND that the said mortgagors will execute such further as^ 
 surances of the said lands as may be requisite, and the said 
 mortgagors do release to the said mortgs^ees all their claims upon 
 the said lands, subject to the said proviso. ? ■ ■ 
 
 PROVIDED that the said mortgagees in default of payment 
 for two months may on one month's notice enter on and lease or 
 sell the said lands. 
 
 PROVIDED that until default of payment the .mortgagors 
 shall have quiet possession of the said lands, and in case of de- 
 fault made, if the mortgagors shall before actual change of pos- 
 t, session or final foreclosure under saiy proceeding; taken by reason 
 of such default pay to the mortagees, their heirs, executors, ad- 
 ministrators or assigns, all interest in arrear, and all dosts, they 
 shall continue to have quiet possession so long as the mortgage 
 continues, that is, until the principal is payable according to the 
 terms thereof. The above covenants for title are to be taken as 
 limited covenants against the mortgs^ors, own acts only. 
 
i of statute 
 
 AND it is he^reby expressfy covenanted and agreed between 
 the parties hereto^that in case the mortgagors are obUged to pay 
 any sum or sumf of money to the Corporation of the City of To- 
 ronto in respect of a claim made by said Corporation for the con- 
 struction of the Toronto Esplanade, in front of the premises above 
 conveyed and for filling done thereon, that is, on the said pre- 
 mises, or if to free the said property so conveyed from any such 
 charge or claim after the same has been fixed and established, the 
 mortgagors at their assigns are required to pay any sum or sums 
 of money, then, and in any such case the, sums so paid, and all 
 costs occasioned to the mortgagors or their assigns by reason of 
 the default of the mortgagees or their assigns to pay the said 
 monies and to save the mortgagors harmless from ^11 such claims 
 as they, have agreed to do shall be deducted from and taken as 
 part payment of the monies and interest secured by this mortgage, 
 and shall go in discharge thereto to the extent aforesaid. 
 
 IN witness the said the Grand Trunk Railway Company of 
 Canada have hereunto affixed their corporate seal, and the said 
 Joseph Davis Ridout and Edward Hooper have hereunto re- 
 spectively set their hands and affixed their seals on the day and 
 in the year first above written. 
 -•.■'' • ' .. '- ' •• ■ '^- ' .'. , '' ■ 
 
 Signed, sealed and de- ) 
 livered in presence of J 
 
 
 ;«: 
 
 
 (i 
 
 
 ^ 
 
L.< 
 
 Ssf 
 
 142 
 
 .*<, 
 
 Declaration of Trust between Edward Hooper and 
 
 others, and the Grand Trunk Railway Oom- 
 
 pany. Dated January 4th, 1869. 
 
 THIS INDENTURE made the fourth day of January, one 
 thousand eight hundred and sixty-nine, between Edward Hooper 
 and Joseph Davis Ridout of the city of Toronto, Esquires, of the 
 first part ; Alfred Richard Beckett and Henry Percival Beckett of 
 the Township of York, Gentlemen ; George Percival Ridout of 
 the City of Toronto, Esquire, and the said Edward Hooper and 
 Joseph Ridout, of the second part ; and the Grand Trunk Railway 
 Company of Canada^ of the third part. 
 
 WHEREAS the said parties of the third part have purchased 
 a part of the Water Lot on the westerly side of Simcoe Street in 
 the City of Toronto, which has been conveyed to them by a deed 
 bearing date the thirty-first day of December, i868, and made by 
 the said parties of the first and second parts and others. 
 
 AND whereas the said parties of the third part to .secure 
 fourteen thousand dollars of the purchase money of the said land 
 and interest thereon, have executed a mortgage of the same lands 
 to the parties of the first part, bearing even date herewith and 
 payable in twenty years. 
 
 AND whereas the said parties of the second part' are inter- 
 ested in the said mortgage monies in the respective proportions 
 hereinafter. mentioned, that is to say: The said Alfred Richard 
 Beckett and Henry Percival Beckett in the proportion which the 
 sum oT three thousand six hundred and thirty-four pounds eleven 
 shillings and ten pence bears to the said sum of nine thousand 
 five hundred and seventeen pounds seventeen shillings and ten 
 pence; the said George Percival Ridout and Joseph Davis Ridotit 
 in the proportion which the sum of two thousand two hundred 
 and twenty pounds two shillings bears to the said sum ,of nine 
 thousand five hundred and seventeen pounds seventeen shillings- 
 and ten pence, and the said Edward Hooper in the proportion 
 which the sum of three thousand six hundred £md sixty-three 
 pounds four shillings bears to the said sum of nine thousand five 
 hundred and seventeen pounds seventeen, shillings and ten pence. 
 
 i 
 f 
 
 
 _' . 
 
 \ 
 
 
 
 i 
 
 # 
 
 . 
 
 \ 
 
 
 
 1 
 
 1 
 
 
 1 
 
 ■ ■ i ■ 
 
 tt 
 
 • 
 
 .■*' 
 
~MJt,-» 
 
 irt' are inter- 
 
 148 
 
 AND whereas the Corporation of the City of Toronto claim 
 payment of a sum of money, the amount whereof is not yet 
 ascertained in respect of the said lands for the filling in and con- 
 struction of the Esplanade across the same, and the said parties 
 of the third part are to be protected against the said claim. 
 
 NOW thia Indenture witnesseth, and it is hereby declared 
 that the said parties of the first part hold the said mortgage as 
 trustees for the said parties of the second part respectively to re- 
 ceive the mortgage monies and interest and to pay the same to 
 the said parties of the second part, their executors/administrators, 
 and assigfns in the proportions above set forth, and that the receipt 
 of the said parties of the first part, or either of them, or the 
 receipt of any Other person whpm the said parties of the second 
 part, their executors, administrators or assigns, shall by endorse- 
 ment hereo^^ijy any other wnting under their hands designate 
 and appoidM|fefailing sych appointment, and in case of the death 
 of both o MJ Ipi^d parties of the first part the receipt of the 
 executor oW^romistrator of the last survivor of the said parties of 
 the first pfLTt, shall be a sufficient discharge for all money paid to 
 the person or persons giving such receipt and shall exonerate the 
 parties of the third part, their successors and assigns, from all 
 responsibility in respect of the application thereof. 
 
 AND the said parties of the third part covenant with the 
 said parties iDf the first part and the survivor of them and the 
 executors and administrators of such survivor, that as soon as the 
 amount payable to the Corporation of the City of Toronto in 
 respect of their claim aforesaid shall be ascertained or agreed 
 upon, they, the said parties of the third part shall upon three 
 months notice thereof and upon the request of the said parties of 
 the first part, and nothwithstanding that no part of the principd 
 moneys shall be payable according to the tenor of the said 
 mortgage, pay to said parties- of the first part or the survivor of 
 them or the executors or administrators of such survivor out of 
 the said principal monies the amount so ascertained or agreed 
 upon to the amount of three thousand dollars* or whatever less 
 sum the same shall amount to, but not to any greater amount 
 than three thousand dollars, such payment being duly acknow- 
 ledged as a payment on account of the said principal monies and 
 a good and valid discharge given to them therefor. . 
 
 AND the said parties Of the second part, for themselves, 
 their heirs, executors, and administrators covenant with the said 
 parties of the third part, their successors and assigns, that they 
 will ^ithin ten years ascertain or agree upon with the said Cor- 
 poration of the City of Toronto the amount payable to the said 
 Corporation in respect of their said claim, and will within the 
 
 / 
 
 i^iJs^T -- 
 
"H - ~^j*!i«ir 
 
 
 ii- 
 
 r 
 
 I .. 
 
 i -1 
 
 r 1 
 
 Li 
 
 J 
 
 7 
 
 I : 
 
 > , 
 
 .. n- 
 
 • 1 
 
 
 said time satisfy tOid discharge the samej if, any amount shall be . 
 
 found to l;>e due »■ procure the release of the said f lands from. * 
 
 afl charges qr lieriiby reason thereof, ^nd will at all times protect 
 
 a^d save harmless the said parties of the third psut, their successors ^ 
 
 and assigns, and the said lands from all claims, demands, costs, 
 
 charges or damages 'Whatsoever by reason of or aming out of. the . 
 
 said claim. • 
 
 '■ • , "■'■'*■• '■' ■■• "' ■ • 
 
 AND the said parties of-thc third part, for themselves, their 
 
 successors and assigns, covenant with the Sfid parties of the' first ' 
 
 part and their "heirs, executors, administrators, and assigns,'that 
 
 they will at any tipne and from time to time during the cbntinu-, 
 
 ance of the said inortgage debt at the request {qid at the expense ■ 
 
 of the said piarties of the second part, their executors, administra- V 
 
 tors, and assigns, ^dupon the executipn of good and sufficient . 
 
 releases of t^e sdid mortgage or the mortgage or mortgages existing ^ 
 
 at the timejof any such request make and execute one or more^ 
 
 ntortgages in lieu of the said mortgage or of any mortgage or 
 
 mortgages substitilted tt^efor to such persons j|hafor such sums 
 
 and containing such provisions as may bis prescribed or required 
 
 by the said parties of the 'Second parti or their executors, iidminis^ 
 
 trators or:assigns,- but sp as, no greater or other obligation shall bef 
 
 reqijired on tihe part of the said parties of the third ^art, their 
 
 successors-or assigns, than as contained in the said first mentioned 
 
 mortgage, and so as thMQortgage monies and interest i^all re-"^^ 
 
 main payable at the sa^ times and in the same manner as pro- ^ 
 
 vided for in the said first mentioned mortgage, 
 
 ■; . \ ' ■ ■ ^ ' - ■>• '■"'■.■ ''■ ■' "' '■' 
 
 .IN witness whereof the ss^id parties of- the first and second 
 parts have hereuntp set their hands and seals, and the said par- 
 ties of the third psut their common «eal. .. / 
 
 Signed, sealed and delivered by the parties ) 
 .of the first arid second parts in presence of ) " ' 
 
 :^ 
 
 \" , 
 
 C. S. PATTERSON, 
 
 E. HOC^ER. 
 JOS.D. RIDOUT. 
 
 Alfred i^. BECKETT. 
 
 H. p. BECKETT. 
 G. P. RIDOUT. 
 
 jSeAls \ '^ 
 
 \ I'ife- y 
 
 i I. 
 
 "Mil. 
 
 --S-Nf-^i-V. -- 
 
 ..i.k 
 
 ' J,t'. 
 
■■<,■■ 
 
 ^^•\ 
 
 145 
 
 X 
 
 Relea430 <|ated May 20th, 1870- 
 
 THIS INDENTURE made the twentieth day of May, in 
 the*, year of our LoVd one tliousAnd eight hundred and seventy, by . * 
 and between the .Corpoi^tibn of the City of Toronto, of the first 
 part,- and Qarke Gamble aiid the Grand Trunk lUilway CoiPr J 
 pany of. Canada of the second part.Sc. 7 — -^ -^"!* ^^-^^7 ;^^ 
 
 WHEREASunderand by virtue of certain jacta of Ihr latC' 
 Parliament of Canada passed respectively in tl^e sixteenth and 
 twentieth years of Her Majesty's Reign, and knowttafe the .Toronto: 
 ^planade Act; and the Toroiito Espldnade Amendment Act; the 
 said Corporation has or claims to^ have a certain cla^mfor the • 
 filling AD* on, over and across a certafin lot offland, situated pft^fe'v^v 
 ^est side of Simcoe Street in the Gitybf TorontS, anti which mi^' 
 be known ahdi described a* the ^^ater^iidt ^on- th^! west side tii 
 Simqoe $treet^omierly Graves .S^eet,' o^ted tp JdSeph Beckett 
 by pajkentctited the twentyTthird day of Janiij^ one thptisand 
 eight hundred and forty-six, ^andylKreas the estate and' interest 
 of the said Joseph. B^kett has by c6rtsun mesne conveyances he-. -" 
 cdme Vested in the partiiis hereto of the second part. "^ ' * - 
 / ' W- ' , .. ^ ' - :' u ' . '• \ ■ ' * i' ' 
 
 V AND wherejas it has been agreed by and betw^n the sdd 
 Corporation "of the iCity of Toronto, aiSd the said parties of tKo^ \ 
 second part, that thie said "Coi^pojrfitioBi shall release the said par^ • 
 ties, 'and' tMi said lands .of and firom all daims of every kind what- '" 
 . ever undetlhe said Esplanade Acts, tor and in consideration of^ 
 the^sum o^f fifteen' tliousand dollars paid to -the said Corj^ration, 
 the receipt whereof is hereby duly Acknowledged* and of. a, cer-- 
 tain deM of release signed contemporai^eonsly herewi^ from one 
 William Rees of the City of Torontp of m alleged daiih' for dam- 
 ages against the said Corporaticm in conseqtience of the occiijpa* 
 tion of a portion of Esplanade Street for siulway purposes with 
 the alleged concurrence of the said Corporation,- which said te- 
 le^ is dated contemporanepudy faerei^titi|. ■ . -^ 7. V 
 
 '" • ■ ■ ■ ' ■-^^- ■ i ' ■'*'* ■' ■■ 
 
 NOW this Indenture witnesseth that^ fbr aii4 m ' con^idetdr 
 
 tion of the said payment and' the said release, the ' said Coiporar , 
 
 tion o^the pty of Toronto hath released^ discharged and exon- 
 
 . ... ..4' "■ - ^~. j (^ j p ^ -> » 
 
 ■t 
 
 m 
 
 
 
,:.(■ 
 
 
 
 1^ 
 
 ■ 
 
 h 
 
 aJ \ 
 
 I ', 
 
 !»'i' 
 
 I "ii 
 
 -' :■, -^- ' 146 ■■ 
 
 erated, and by these presents doth release, ' discharge and 
 exonerate, as weft the said partii^>of the second part, and thie 
 said William Rees and all parties personally liable for any pay- 
 ment under the said Esplanade Acts in rewect of the said lanas 
 as the said lands of and from all rates, impositions, claims, charges, 
 demands, assessments, 'liens 'and encumbn^nces of every kind 
 which %Ui or may aQGect the said laiids under or by virtue of the 
 said Esplanade Acts, and' every act of the said Corporation done 
 under and in pursuance of the said Acts, and especially of and 
 from all and every claim, charge, lien and encumbrance whioh 
 might or could be asserted or dammed by Virtue of of in conse- 
 quence of the registration of the certificate of^he.City Surveyor 
 made or purported to be- made under the autho^ty and in pursu- 
 ance of the said Esplanade Acts. 
 
 — AND the said Corporation for themselWsand\ their sufeces- 
 sors covenant to execute any further assurance that hjay be neces- 
 sary for the efiectual discharge of the said Esplanade ^im in said 
 I6t, the object and purport of these, presents bein^ to carry out 
 effectually the above rajentioned agreement and discharge the said 
 
 ow owning, and all former owners of the 
 horn soever of and from all .Esplana<ie 
 of the said sum of money paid as afore- 
 e from the said William Rees. 
 
 lands, and the parties 
 same and all pef:gons 
 daims in consideratio: 
 said, and the said rele 
 
 *.: 
 
 
 IN witness whereof the parties to thesej presents have hereto" 
 set their hands and seals in manner following that is to say, the 
 said parties df the second part, their proper pands and seals, and 
 the said Corporation of the City of Toronto! their Corporate Seal 
 by Samuel Bickerton Harman, Esquire, Mayor of the said City, 
 , countersigned by Andrew T. McCord, Esquire, Chamberlain of 
 the said City. 
 
 .• Signed, sealed and de- V 
 livered in presence of / 
 
 CHARLES W. COOPER. 
 
 SAMUEL B. HARMAN, . 
 ■ Mayor. 
 A. T, McCORD, 
 
 Chamberlain. 
 
 ■ f- 
 
 ji^m ■ ' 
 
 J 
 
A 
 
 lischarge and 
 
 part, and the; 
 
 for any pay- 
 :he said lands 
 laims, charges, 
 )f every kind 
 
 virtue of the 
 poration done 
 >ecially of and 
 ibrance whioh 
 f of in conge-* 
 Zity Surveyor 
 
 and in pursu- 
 
 \ their sufeces- 
 n^ay be nedes- 
 [e^iminsaid 
 to carry out 
 charge the said 
 owners of the 
 all Esplanacfe 
 paid as^ afore- 
 ;es, 
 
 its have hereto' 
 is to say, the 
 and seals, and 
 >rporate Seal 
 the said City, 
 hamberlain of 
 
 I Seal. I 
 
 UY 
 
 \ 
 
 Betz Deed. 
 
 Dated 8th January, 1873. Registered 
 4th ^une, 1873. ,. 
 
 I THIS Indenture made in duplicate the^elghth day of 
 January in the year/ijf our^Lord one thousand eight hundred and 
 leventy-three, in pursiianc^ of an' Act respecting short forms of 
 ^nveyafices, , ^' 
 
 I BETWEE>I John Betz, of the City of Toronto, in the 
 County of York, innkeeper, of the f\jnt part] Johanna Betz, his 
 ^ Wife, of the second part, and the Grand Trunk Railway Company 
 of Canada of the third part. 
 
 ^ '^- J y 
 
 WITNESSETH that in ccmsideration of tSh thousand nine 
 iiundred dollars of lawful mone^ of Canada now paid by'the said 
 jarty of the third part to the said party of the first part, the re- 
 ceipt whereof is hereby by him acknowledged, be the said party 
 Of the ifirst part doth ^ant unto the, said party ^f the third partis 
 
 ■ their successors and assigns for evieir, "' . : 
 
 V- ■ . ■ * < ■• ■ ■ ---- -■ ." •'> ,' ■ ■■. ■ " " 
 
 4 1 ALLand^ngular that certain parcel V 'tract of land and 
 ij)remises situate, lying and' being on the west .side Of Siracoe , 
 StrCfet, and on the north side of the Esplanade, in th^b* City of 
 Toronto, in the County of York, which may be known and desig- * 
 Qa|iihit*Lot 7 in Block B, according to the plan of tlie Cam- ^ 
 brian Dock Property signed by J. 1. Browne, , Provincial Land 
 S|urveyor, and dated the twenty-sixth day of June,, one thousand 
 efght hundred and filtynei^ht, and may ,be described as fbllOWs, 
 that is to say :— , . : ^' • ' ..* 
 
 Con^mencing at the point where the Western limit of Sitncoe 
 Street intersects the northern limit of the Esplanade, thence Tun- y 
 nlng westerly along' the said northern limit seventy feet'; whence ; 
 noi5ierly^ parallel with Simcoe Street twenty-two feet ; xhehce 
 easterly parallel with the said nortliiem limit seventy feet to Sitn* 
 coe Street ; thence along the said wesitern limit of Simcoe ^re^t 
 twenty-two feet to the place of beginning, .' , ' , / 
 
 TO have and to hdd unto the said party of the diird put, ' 
 lir successors and assigns, to and for them and their sole and 
 otuy use for ever, subject, nevertheless, to the reservations, linri- 
 tattons, provisoes and conditions expressed in the original ffstut 
 thereof ftom the Crown. > ' 
 
 
 
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 TliE said party of the fiftt part covenants, with the 
 
 aofthetfiirdpartthatRehasthe right to convey the saf 
 ; to tl e ikid party of the third part, notwithstanding any act 
 of the 8ai( pftrty of the first part, - 
 
 ANtt th^t the said party of the third part shall have the 
 quiet poss jssion of the said lands free from all incumbrances!: 
 
 ANDI the said pMty of the first part Covenants with the said > 
 party of tl e third part that -he will execute suA further assurances . 
 of the sai( lands as may be reqiiiskev^^ ,/ 
 
 1 AND the saidaparty of the first part covienams wkh^the said 
 
 \ party of the third part that he has done no act to incumber i\\e 
 I said lands. . \ i 
 
 , AVIV) the said party of the first part releases tolSe said party 
 j of the^ilrd part all his claims upon the said lands. 
 
 ] AND the said party of the second part hereby bars her right 
 lof dower in said lands. 
 
 1 IN WITNESS whereof the said parties to these presentshave ^ 
 hereunto set their- hands and seals. 
 
 , I Signed, s^ed and de- 1 > '. 
 livered in thfe presence of. J 
 
 i ALBERT ROMAINE LEWIS. ' > 
 
 JOHN BETZ. 
 
 JOHANNA BETZ. 
 
 I Seal.- j 
 I Seal, y 
 
 RECEIVEt) on th^ day of the date of this Indenture from 
 le said party of the third part the sum of ten' thousand nine 
 ndred doUaxs, the consideration mentioned. 
 
 lALBERT ROMAINE LEWIS.-. , ; 
 
 - .•. ; (Signed.) -JOHN BETZ. 
 
 I certify that the within instrument is dul]i^entered and regis- 
 
 t^d m the Registry Office for the City of Toronto^ in Book B, 
 
 {pt West Toronto, ^t io:i8 o'clQdi of the 4th 4ay of June^ 
 
 I4» W 
 
 A. D., 1873. No. 9,ia8, B. 
 
 (Signed) 
 
 I 
 
 lEMlLES LINDSAY. 
 
 
140 
 
 Agreement between the Orand Trunk and Northern 
 Railway Oompaniea Dated 8th May, 1879. 
 
 X, 
 
 year 
 
 THIS AGREEMENT, made the eighth day o^ May,^ in the 
 of our Lord one thousand eight hundred and seventv-nin^ ^^ 
 
 and seventy-nine, 
 
 BY and>tween the Grand TrUnk kaUway Company m 
 ^^ytJ^'i^^'T^^^'^i "^"^^ '"^^"^ ^"^^ Trunk," of the fiwt mrtT 
 • ISJ * M JS^h^ ^^^"^^"^ Company of Canada, hereinafter ciSed 
 "iheNortJien). of the second part \ ' ■ 
 
 WITNES 
 
 specting lands 
 
 the said two Cotnpan 
 
 ETH that as a final settlement of all dispute* rt- 
 Utween Bathurst Street and Queen Street between 
 ~ ")ani€8, they have agreed a^ follows :-i- 
 
 
 u , COMMEHGING at Queen Street That the G^and Trunk 
 shaU have absolutely the twenty-seven feet in width extending 
 
 ^^*;^"IT^*'-*?.°*H^^^°"^ ^'"^^^ ^^ embracing, iS- 
 addition, the main line of the Toronto* Grey and Bruce and the 
 
 otttonce to Queen's Wharf; and lyin^southof t^^orthemmain ;, 
 
 1. ij *;. ^.^' ^^^ ^"^^ '^^^^ and the Northern shall jointly 
 hold the stnp next south of the said twenty-seven feet and ex- 
 tendingfromQueenStreet to^'the said Diamond Crossing, and J 
 m width emending south to the line of the fence now taaintoined 
 ' "Vjl^said ©and Trunk; but this last piece shall be vested in 
 said %o Comfpames, and held in trust fpr the purposes of sidinir • 
 accomipodanon as is hereinafter expressed. . - 
 
 . 3. Tlwt the land lying tothe east of the Diamond Crossing 
 
 f^^^Jl^^SS^'i^^ ^^'^^^ ^^ extendingtoBathursr : 
 Str^t shall be held as follows :~r ■< 
 
 ^ 4; That portion of twenty-seven feet occupied by W re^ 
 quured for the Grand Trunk clouble track shall be vested in"^ 
 them. 
 
 
 *^ 
 
 •ffi 
 
 \ ^^- 
 
 tl 
 
 ■*■-' 
 
L.( 
 
 
 ' 
 
 
 
 
 
 
 h 
 
 
 
 
 
 * 
 
 
 \ 
 
 150 
 
 5. That portion to the north of the said twenty-seven feet' 
 and extending to the fente shall be vetted in the Northern and 
 Grand Trunk jointly and shall be held in tniJrt for the joint l)enc- 
 fit of the said two Companies, to be used for siding purposes as 
 hereinafter provided. . ' 
 
 6. That the Northern shall have absolutely the twenty-seven 
 feet next north of said Grand Trunk twenty-seven feet extending 
 from Queen Street to the Diamond Crossing, and that the strip 
 to the north of the said twenty-s«ven feet aij^ extending to the ex- 
 isting fences the Northern and the Grand Trunk Companies shall 
 jointly hold, and the same shall be vested in them m trust for 
 siding purposes in the saiiie hianner as above and hereinafter ex- 
 pressed. 
 
 f. That the lands south of the Kwd Grand Trutik ^tracks 
 and extending to Bathurst Street from the Diamond Crossing 
 — now in the possession of the Northern — shall be held by and vest- 
 ed in them, the rights of crossing, as now used, to remain in each 
 Company, and any further or other crossings required for doUble 
 tracks or siding accommodation, in order to give full effect to this 
 agreement, shall also be had and given by either or both parties 
 to the. other. 
 
 8. It is also agreed as to the lands so to be used for siding 
 purposes as above provided ; the said Companies respectively 
 will at any and all times execute such oth^ r and further dQcu- 
 ments as shall be necessary to fully give effect to and carry* out 
 the provisions of this agreement to their full extent, according to 
 
 the spirit and true intent thereof. ■' - 
 
 . ,.. ^ ■ 
 
 9. And as regards all the above mentioned lands the said 
 Companies agree each with the other to do any and all acts and 
 execute all deeds and documents which may be necessary to 
 carry out the above agreement in all respects and to secure eac^' 
 permanendy in the rights above mentioned respectively. 
 
 10. That such sidings shall be put in on the lands so to be 
 held for siding purposes as the said two parties may agree upcm, 
 and the costs of such sidings shall be borne by the party requuring 
 the same or by the parties jointly as may be agreed upon, and so 
 as to the costs of maintenance and in case of any disputes as to 
 what sidings shall lie put in the costs and maintenance thereof or 
 otherwise, all such shall be settled by arbitration unless otherwise 
 agreed upon. 
 
 11. That all sidings except one into ,Silliman's„ Lumber 
 
 # 
 
 'J 
 
 *,■" •^s*'- 
 
 ST; 
 
 f 
 
 
 •^ 
 
■4: 
 
 "*• '"^^"^'^if 
 
 . ',^W^'^ 
 
 4 
 
 ^ 151 
 
 ' ' 7 
 
 Yard ihftlt be und^r the control of the Company whose main lino 
 he. next to such ^id.ng. and the switches and Ji^nal. connect^ 
 
 iw nf r*' '"/ 1*^'"^ 'f "*'"''* ^*^''"'*"'* "tending from the ma"n 
 «n th. 1?H ^^V'f °'**'^?"^>>'°"^ ^'^ f^'»'"o«d Crossing to land 
 fh. I ?I^!k°^S' '"I'"''"* of the other Co.npany such sidZ 
 •hall from the Dmmond Crossing be under Z cbntrol of hf ^ 
 Company on t^ side of whose main line it is situated 
 
 m« Jij' • '^^'^V" *" «.^^^ *=«>»*» ^ construction and > 
 
 malfitammR hidings shall be borne by each Company in the nnJ ^ 
 portion that each Company uses the'same; all such mlue^s toX 
 iSSiiSS of ^^emcm^d, failing agreement, to ul^M ^ 
 
 tfffJJi' JJ"^^ ^'^ "'"^i"*' "^^' ^ "'*'^ <*"^y fo' the purposes of 
 nw-^ars and traffic passmg over the respective lines of the two 
 Companies, and no other Company shall be allowed to use he 
 same but on payment of a toll, to be agreed upon by the said two 
 Companies, par^^ies hereto, and said toll $hall be credited te the 
 cost of mamtaining the said sidings; and in the ev«it iff any dt 
 pute arising as to the use by any other Company, or as to whethe^ 
 or not any such Company shall be permitted the use of aTsuch 
 siding or sidmgs. the same\8hali be settled by arbitration 
 ^ ■ ■ - ■ 
 
 .h«ll kI V!"^ f '**^*'t' ^^^ Parkdale station, the Grand Trunk 
 Sn th r^'' *''^''^^l'' ^' proposed, sou;A of the same aSd 
 fTp I?5 ^^"S^f '?"d P" thetwenty-seven feit^escribfed above • and 
 
 Stf/ni ^^ ^i''"^" •' *° '^^ ^' it WWtupon theexpressun- 
 derstondingand agreement thatth^^d theGraAdTrunk shall have 
 equd nghts in said Station wHfh tKe. Northern in all respecls.S 
 ^X^^^'''^ by^ lease from Close^reig & 
 
 !St. 
 
 : ■,:ifc: 
 
 t<.. 
 
 4^ 
 
 ^.>-'" 
 
 iilliman's. Lumber 
 
 'I 15, Each of the ^ parties hereby co^^ttiitwith tHe other 
 
 toobserve^^bide by- aniOceep the abov/agrSS alS^ 
 
 Sfthereot ''*' ac^o^dmg to the spirit, true intent and meL 
 
 Ar^^^k Oiv this being execifted the suit now pending t6 Be ' 
 drtJp^ed, each party paymg their own costs. 
 
 ■ / ■ • ■■..- \ , "y'. .••;■ .■■.■• • ^ ■ ••: \ - 
 
 ji. TMkt in the event of ah arbitration being necessary at 
 anytime under this agreement in relation to any o( the mattera 
 
 i?J°.«T^'"^^^"^**'^*°'"'^^^*^^ appoint^ by each Com- 
 pany and an umpu-e in manner provided by the Common Law 
 
 i:^^ h 
 
 
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 ^ 
 
 -fe 
 
 
 
H 
 
 
 
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 mm 
 
 lft2 
 
 tad yew first %bovc written. 
 
 FRANK'SMITH, ; 
 President 
 WALTER TOWNSEND, 
 ^'^^^ Sccretwy. 
 
 
 Kovtli«rn 
 (lUilwsy. 
 
 n,.Ki> TmuifK lUiLWAl^^oMFAKY py Camada. 
 
 J. HICKSON, 
 ■ General Manager. 
 
 18 tat o^ 
 Gnmd Trunk 
 RaUwfty. 
 
 1 s" 
 
% 
 
 '0k ' 
 
 
 i. 
 
 f 
 
 w 
 
 :ri' .. 
 
 Orand Trunk Rauiay ▼■.,Owdlt VaUey Rafl^y. 
 
 ■;■ 
 
 Jttdgment of Vlce-Ohano< 
 ing the Cause and 
 
 >■'* 
 
 •%. 
 
 |dfbot. after hear* 
 to oonaider. 
 
 It t ■ • / 
 
 t • The fbllowin^ it th« Viccq^anccllort judgmcntvin fullj— 
 
 ' mn»il'*!^ni?*'"? ****^ wMtbpposcd to bc III «ri«tence when the 
 motion for the injunction was made has been sought for and til 
 learch ha. resulttd in the discovery and proof^fTla«e mL^f 
 ^mTnt'^h'''^-"^^"^ '''' actuaKpositio^T^f the OrlanTnl 
 Kf Sn^h S"^.'"*' ^;r"^" ""^ ^^^ '^"d in question, in regard to 
 mfnn^^n ?H ^'"'T ^o«P?ny. and the action of the K^ 
 
 Se rigTof X**/ ' ^'''"*'"'^ ^""^ '*^' acquisitS^ 
 
 X^*'TJ'X^'"™'"°"**^**^"Pon&e betweeif lie varioui 
 ottcera of the^^rdnance here and in Bn>in. referencifeiro^ 
 office to another, notes by the persons^ to whom thl«^ ^ 
 dressed, m^utes of the Board, mattem brought undern^lLj of 
 
 munt'aii^? f "^^K^l ''''''' ^^^^^^^^ ^^^ the CoTonl1?S.m 
 frrSraiif '"J^!>?"'P?'°'"-^*^'«t^ «f Forjificationi and 
 from th^ Uihtaiy Superintendent of Piinsioiers— all valuabiro 
 
 2.w1h^^'^/PPr*•^^ ^^*^ R^ilway^ComTli; jla 
 ^X,*''®«-^"""' *"** ".<^" intelligent consideration, that^ 
 possible effect upon the -military defences. an4 ^^JS^^ 
 
 ^fir"'-*?'^J"f^"'^'"'^ ?^ '^^ fcnsioners, had^al7b^v 
 -^efullyweighed, and that the- final a5ion of U^e DeDartmSit 
 t^ upon a perfect comprehens|ol of thetc^^^^^^^ 
 
 ^ Mehbemt^ .mention pf doing what appears in L cb^espTnd 
 
 frr fulu^ ?^ Observations I Shall not think it nec^sary to re^ 
 fcr further to much- of the correspondence, and shallVS „otiS 
 
 ^nw .?-P'^"k^ "^^ ™°'' "^^'^"^' ^^ thedecisioa of le mt^4 
 \flow,at issue between the Companies. . , T -"^** 
 
 ■ ' '*' '■'"■ "' /'■•/'■ ' ■ \' -■ • '■ 
 
 \ The nature of the suit "and of the pleaiftM aDoear^ irr thi* 
 
 l^tt upon the application for an injunct io^Td o^-^- ^" ^ ^ 
 
 Ingot the Ornor tna^A „^^^ U ._ u. r--_ j ^ Ji 
 
 
 / 
 
 'T 
 
 the ra - h e ar - 
 
 f the o^te mid. upon it, t, be fou;;^";6 gC »I^^e 
 
 \ 
 
 
 r7/ 
 
 / 
 
I 
 
 r: 
 
 M 
 
 hUl has however, been amended since the hearing of the motion 
 
 . id static reasons why it should not affect the position of the 
 
 plaintiff; 5nd by setting out in detail t^e particular of the tUc 
 Snder which the plaintiffs claim, through the dto^»»8« o\^*™^ , 
 ^ Ordnance Department, and under the statutes of the Province. 
 
 I shall not .repeit what was held by this Court u^n the 
 te-heaiing of the motion, viz :-That the Northern Railway > 
 Smpany are affected by the General Railway Act, and that th^ 
 Com^y was authorized by the statutes to take Ordnance lands. 
 
 On the 27th October, 1851, Mr. Boulton, the then President 
 
 . --of the Ontario Simcoe, and Huron Railway, "ow^ePff «"*tinJ J ' 
 ' The Northeni Railway Company, applied by letter 'for ce^^ 
 
 portions of the Militiy Reserve in Toronto, which the 9°f P?f ^ 
 'Squire as well for a portipn of their hne, as for convement sit^ 
 ' fOTStarions, workshops, ihd other APPurtenances necessaiy for so 
 important i work." And Mr. Boulton also stated that "the Co^ 
 paSy propose on their part to offer to your honorable Board, aa 
 aSnSdeW for the accommodation sought, to transport in a^^ 
 
 time coming Ordnance and all other military s^res along the 
 Xle line If road to Uke Huron at the lowest rate at w^^^^^ 
 
 heaviest and most bulky articles will «?« ^"^^J",^, ^^ 
 
 ; Majesty's troops at the lowest rate which will be cbfjld forany 
 
 passengers." He then referred to the sections of the Com^^^ 
 
 charter authorizing the acquisition of the property, though be- 
 longing to the CrSwn or otherwise, and added a suggestion as to 
 the ol?vi6us4roportance of the road m a military point of view. 
 After^tich correspondence between different officereo^^ 
 
 Ordnance Department and others, the Master-General and B^ 
 <rf Ordnance a^lthorized a letter to be wntten by the Secrete^ 
 
 Mr. Butler. on the 9th January, 1852, to ^'-^^''"^JZ^^Z 
 formation of Earl Grey, which I quote at length as containing the 
 
 final conclusion of the Departofent : — , 
 
 ,■-■■■. - War Office,^' "■■p:.. 
 
 ' 9th Jan., 1852. 
 
 SiR,-I have the honor, by command of the Master-General 
 
 and the Board of Ordnance, to acknowlecke t»»e receipt of your 
 
 letter dated the 1 2th and 27th ult., relativl^ to the appropnation 
 
 . ofa part ofthe Ordnance Reserve at Toronto tjthe purposes of 
 
 the Toronto, Simcoe, and Lake Huron Railroad Company, and I 
 
 . « am to acquaint you, for Earl Grey's ^iformation that reports on 
 
 the subject have also been received from Ae In«P«c.'o'-^;X- 
 
 of Fortifications, the Commanding Royal Engineer in Canad^ 
 
 ^d the respective officers at Montreal The Master-General and 
 
 i ■'. 
 
 --«?'=-■ 
 -"-*«■"- 
 
^/BV''^' ri 
 
 ;:. .> .. ' , ■ . ;■ ;•■ ,."155 ■ ■-;■ ... ' :, 
 
 U^^WJ «i • ^u-°^ ^''- ^"•®"' ^*»e Ordnance storekeeper at 
 ^SCt- '^' country serving on the-Con,m?s^?t^om^ 
 rio?f tJ^^ Treasury, and the Inspector-General of ' FortifiS^ 
 
 S?,f nV? ^'^^^ *"*^^ "^«K^iy i» «tering u^^hT^erv! 
 SJn coE^t'iS^-:f ^^^ ""^ '^^' '^' Departmem can onl^^ 
 
 &^ns^L^?h?W^*'^ the Ghairman of the General Qua^ 
 
 ^^v S? Sloiw \'' f P'^^^'** ^y *^« '7th section ofTh? 
 J^way Act, aUowmg whatever sum may be so recovered to h^ 
 
 ±ier Majesty'^ Government to decide what nmnnrriln !§■ Ik 
 money should be granted as comp^Stion to S^^S^neL Sr 
 
 ■ , - • ' < ■. ■ ■ . ' ■■ _ ■ . .. 
 
 I havci &c, 
 
 G. Butler. 
 
 ^^ 3i» i»5ii which I also quote at length :— 
 [51 M 1,736 Received3iS] 
 
 •1,012 
 
 aItce, 
 
 * : Office OF ORDNJalcE, 
 
 31st December, 1 85 1. 
 
 •fJ5j 
 
 / 
 
. t 
 
 • f. 
 
 '' > 
 
 It appcars'tb me that the only course to be taken is "to de- 
 mand of the Company such a sum as may be considered the fair 
 value of the land\taken, and if refused, to have the pnce fixed by 
 the Chairman of the General Quarter Sessions and of tht Justices, 
 as provided by th^ 1 7th section of the Railway Act. 
 
 I have read oVer the papers with Mr. Elliott, the Ordnance 
 storekeeper at Moiitreal, n«w in England, serving on the Com- 
 tiiissariat Committed at the Treasury. He has made the mmute 
 which I enclose, in ^1 of whieh I agree, excepting the reeom- 
 mendationin par. 6— that the Ordnance should at once take 
 steps to restrain or eject the Company. 
 
 •» ■■ 
 
 On the pointing out to Mr. Elliott the clause in the Railway 
 Act, he agrees with m^ that his suggestion cannot be adopted. 
 
 I WSir, ' ■■; .■■ '- y ■ .\- >■/ 
 
 \Your obedient servant, > 
 
 Thomas Clarke, ^ 
 
 Solicitor Or 
 
 3%:" 
 
 5isi December, 185 1. 
 
 Submit to the Master-General :— 
 
 The Board regret to have occawon to trouble his Lordship 
 so frequently on this subject; but at the moment they were about 
 to act upon his Minute of the agthinst, (E. 1,813) Mr. Menvales 
 letter dated the 27th (Sri68,) came to hand, the reference upon 
 which to the Ordnance Solicitor has led to this report frop him. 
 
 The Board therefore pro^ to acquaint the Secretary of 
 State (explaining the nature of Uieir intended communication to 
 him on the Master-General's Mihute above mentioned,) with the 
 purport of the Solicitbr's report, and to request if it meet his 
 (Lord Grey's) concunence, that the Secretary of War may be ap- 
 prised of the facts and suggestions submitted by Mr. Clarke and 
 Mr. Elliott, so far as they agree, with a view of obtaining the ac- 
 quiescence of both these authorities In the mode of proceedmg, 
 which appears to be the only alternative left. 
 
 \i The M.-M. concurs. 
 , C. P., Jan. Sthi 185% 
 
 
 J' 
 
 C. 
 
 -^ 
 
 It ^n 
 
 V , ' 
 
* ' . ' * 
 
 , - 9* Jahuaiy, i8sa. 
 
 Ordered, that the communication contemplated by the fore- 
 gomgMmutebenowmadetotheSecretaiy ofState. 
 
 ^ote Mn Merivale, lath. ^ f ^. ^^ 
 
 ;« yA r^iwu**" •"^'' ?^J?'- ^"'**"' the Onftance storekeeper 
 in Mon real,; then m Englai^ has been preserved, in which ^ 
 sa)^ :- It seems to me a poim of doubt whether, under the pro- 
 visions of the roth clause (of the Company's Act), the CompJtny 
 can be deemed to have acted illegally m Altering upon the reserve 
 
 M2^,"tlfrh?' """"S'.^^i ^ aPiachendUe^servation of Her 
 Majesty s nghts provided m the 52nd clause would enable the Oid. 
 
 SS^i'JS^^r'*'*' Ves^gl^ct, 7 Vic, c 11, to restrain or proceS 
 Jgamst the Company for th^ trespass. If the Department have 
 no such power, then it odl only msist upon compensation in the 
 mannerpresented by the Company's Act," and the part of the 
 letter objected to bvm Cla^, the Solicitor, is this, 'Tthink the 
 better course would be for the Ordnance at once either to take 
 the ncces^ {Steps for restraining t)r ejecting the Company if it 
 be deemed advisable not toiconcede the ground," or, on the other 
 hand, to claim compensation. » . « 
 
 1^- 
 
 
 u A ^'^°? }^^ P^P^.** " *PP®^ *»t the Boaid of Ordnance 
 Tiu5^1*^w°P!2JJ?°°^ ***«"■ Solicitor, although it is stated 
 as doubtful by Mr. EUiott that the Company were acting withk 
 the powers conferred upon th^m by this Act, and that all the De- 
 partment could require was compensation for the land takea 
 
 Before thisdecision had been arrived at the respective offi- 
 cers of the Ordnance m this Province be&me aware that the 
 Company had taken possession of the land, and not only com- 
 Sfw^v^'E^f vw *9i^<lipfr but1)ersisted in proceeding with 
 the woA, notwithstandmg repeated renionstrances from Sfficers 
 of the Dep^ment, and they instructed Mr. Kirkpatrick, their 
 
 to«>™L?fST-r' °?^^^ '5. 1851, to take immediate action 
 to compel the Railway Company to desist from their trespass, and 
 also asked his opinion as to the right of the parties to take iuch 
 sipps. ..■.-■-.. 
 
 ^r^^ ^^^ ^f" ^^l i85i,.Mr. Kirkpatrick gives his opinion 
 upon the questions submitted to him, and expresses it to-be "from 
 a perusal of all the Acts, that the Ordnance Jihd in question is 
 
 ^^«S^1IP*n '^"*h ^^Pef'^t^o" of any acts which may have 
 ^ed the Provincial Legislature, authorizing the construction of 
 Raifroads, provided the Companies take the necessa^ legal steps 
 to procure the land or make compensation therefor." He abo 
 
 SJt h! '^l?!^'' ^''*' *" *^^ ^"' '"^*^<^«' the Company.4have 
 only the right to enter upon and survey the lands and mark out 
 
 ~v 
 
 \ ■■ 
 
 v. 
 
 ■A 
 
 '\ ''■ 
 
I I- 
 
 ^ 
 
 J 
 
 f 
 
 ;• ^■■•■■168 ^:, :;:,■■.■ - 
 
 what is required for the work, , ♦ * * and the Com- 
 pany must agree with the ownera, and in case of disagreement 
 lodge the supposed value in the Court of Chancery before they 
 can take possession of the lands for the purpose of making tho 
 railroad. 
 
 * 
 On the 6th January, 1852, the respective officers at Moiitreal 
 
 report to the Board of Ordnance the proceedings they had direct- 
 ed to be taken and transmit copies of the correspondence, and 
 trust the Master-General and the Board will approve of the itt- 
 structions given tathe Solicitor few the assertion of the Ordnance 
 rights and for resisting to the utmost thi encroachments of the 
 Company. 
 
 The Board of Ordnance, on thp and February. 1852, having 
 before them Mr. Kirkpatrick's opimon and the letter -ctf the re- 
 spective officers of the 6th January, direct the respective officer* 
 to be informed th«l the Board approved of their proceedings, but 
 to apprise them at the same time of the purport of the Board'i 
 communication of the 9th January to the Secretary of State iar 
 answer to a reference from His Lordship on this subject. This 
 was accordingly done by a letter of 2nd February from the Secre- 
 tary of the Board, ^d he enclose4 fui extract from the letter of 
 the 9th January. 
 
 , Mean#ie, on the a7th January^ the respective officers at 
 Montreal transmit copies of a further correspondence with Mr. 
 Kirkpatrick, and as the Company had engaged to discontinue 
 their operations until the arrangement was effected with the Ord- 
 nance Department, all further proceedings were stayed for llie 
 prca^t, and the respective officers were awaiting the decision of 
 the' Board upon the Company's application. This was received 
 by the Board on the loth February, and on the i8th it was read 
 and the respective officers wer^ referred to the Board's communi- 
 cation of the and February. 
 
 I The Board has thus twide confirmed its action of the 9th of 
 
 / • / January, after becoming aware of the proceedings taken to assert 
 
 s4 *^® rights of the Department and to restrain what was considered 
 
 tiie high-handed proceeding of the Company in taking possession, 
 
 * without permission, of the land for the road. They had before 
 
 ihem the opinion of Mr. Kirkpatrick, that imUl compensation was 
 
 made the Company had no right to appropriate the Umd, but th^ 
 
 ^ do^not tiiink proper to interrupt the progress of the work until 
 
 the amount be ascertained and paid. They,^, indeed, approve of 
 
 t^ie course of the respective officers in taking proceedings to ^sdrt 
 
 • the rights of the Department, but refer them to their letter^of the 
 
 9th of January. This approval, so far from implying a direction 
 
 to the respective officers to prosecute such proceedings, as it has 
 
 been argued, when coupled with that significant hut, seems to me 
 
 ■m 
 
'S- 
 
 
 1f*^ 
 
 '^fm^f!0^t 
 
 i* 
 
 ,\t\*'. 
 
 159 
 
 #♦ 
 
 ?n^o5^'**"'*PP^°'^°^''^t^^^b«en done before a ded. 
 
 anyjbecause the payment of the compeiLt on waL a condS 
 
 rtstill open, I see nothing to induce me to alter the view I trSt 
 ShV*'?k"?T^''^ ^^^^^'^ ™^' ^d which SncLsIith 52 
 
 &^r '^ ?*«^ * Hu,^.|laaroil^''x?y!^ ^SK 
 SV?*"^^^^''f'*°*^°'^^"ofthis Railroad Comi^v 
 and that an owner of an estate mi^ht prevent the CompaSvK ' 
 S^foS^^S!?" T? ^?™P«^^S>» U made-alth/ugh^^ 
 Seff^ SSi^"^^^ '^fi'' ? "*y '^*^*1 necessary iplo^^ 
 ^\^\!l^.^^^^'^ ^"^"^y A6t, to which this GcStei^S 
 ako subject, my have ^ponit~aw^^^ . 
 
 S,?L^c2Jr-^'^\.^^^^I^^^^ Butthe^«^^* 
 
 STnSeyo^t^'^^. Now, a condition ^cedenMsnof 
 rinn^? "»|e forming m insuperable obstacle not only to the ^« ' 
 
 tionofone,butofbothpartiestoatransactioa When fonnH^^ ' 
 II contract it can be waivU modified, or1g:;:^r^^^^^ 
 
 ^j'_ 
 
 
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 160 
 
 by the mifnon in -ifhose favor iUs insejiBd. And when ^und in 
 a statute it is imki^ for the if^efit dithose affect^dby Ag en- 
 actipent, itnd th«^;inay equ^Jly abandci its protegtioiL ^ W-!? 
 clemfcntiiy rule vSi^Aliquirfotestrenu)martjurffmtntr^^ 
 or as iOiiatljerwisFexpressed Liceat stmitns P$§m^^'%^^^ !J 
 
 (rupiionisy jeUriorem wnitMk't t) 
 
 I -J-;?. 
 
 f/M- 
 
 Th«;mle Aat privat<i petlbtaA tbay 
 
 it(^htj|fi|p)]^te^^ , ■, 
 
 45-'. too apfe*^ 
 |he partto^as a paphc 
 
 lill^w^ause it was 
 
 _ Jbeing satisfied it f6 
 
 iwas iwJopted. til so fi 
 
 f^tlflere w^ no act of 
 
 ^^^, ..,-^ ,,,ie rightof the pubtic to ; 
 
 ^,^ .,,,.. .-^- r (,- ^- ^jfrom'it i^miained, and if it has b 
 
 ia»na<mii^ftirfs^8^o^^^ acts I; h 
 
 ^t to <»i MSwtioS # Parlb^ df ,the Province. 
 
 .^ ' !«\ 
 
 !epfnpai«r6ceedea iHih thfe Krbflt in the springof <|^»,m 
 ite^^wnbfveiy clear as ^o|,i(»^fther the Company th<B^;r.S 
 stf: the letters of tli^ ^th <if?Januaiy and and Febriiary|!k^ 
 ai^s ofl^ces were d;^stro|^a^^y fire and their papcrip- 
 burnrPPMr. Cumberland 8^ K* -bieJfi^ there was #ioiii^,^ 
 thi^iyYjW^ <roih the Qrdnatoqe Bpard^fth^^th of J[arma^^of* 
 «nd Fefe*ii4ry ; recollects a ps^r of nhte Ma^M^r-Generar to tK#, 
 **^ " of thfe ordfer of the BajwJ of Ordnance. They ire .^mt*| 
 :t^l^jiji. They werek^he lastq^ir of Sladden'the S^]. 
 
 ,. it Waif always rtgarded as an fexpre^ assent of ^he OiAf 
 'x njmce tb, th<i prpdeedinjis of thd Company. Taking that in cpj^ 
 'n?cti#lfc the a^6emeijt of the Cdmpaiiy n6t to proceed wf tl^ 
 • thewGrlS^thedecisioiofthe^d4rdi?aSajtiyed«t,and wh«h 
 woul^hattira^ty be p^asumed tobeconimunicate^ totheCoIfl- 
 , pany^iave no difficulty in determining, as a ro»tt*ir of feet, that 
 .;' the le^« of tlie 9th January and 2i«iFeb|ijary,-or$he purport 
 , ' of them, were in the possession of the Co|jjp|u^ in^ spring -* 
 ' :i«52, and that the work was prosecuted #nde^ that sanctK 
 ' t-' Du^ng the progress of the woiL it was frequently" iiispeeted 
 officers of the Ordnance De ^fc ent fat their official ^**^'»i 
 ' They were witnesses/to the ^Mfk t^ «P%om the rest of 
 nance property, to the expenguureof large sums of mOn 
 V construction oQhe rOad, and I must ai^me that they p ^ 
 their dujty m kwing the Department ii^formed of What wa 
 done on their pi:Operty— thoygh it is scsucely necessary to assi 
 itj as the Boart| knew what the Company wanted— ^atthey - 
 8ta}«d work uii^til the decision of the Board should be made, 
 when that was made that the work would be resumed and-|)ro8e- 
 
 
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 ^ted. Before th« the action of the Company was rwistedj; 
 
 f^JS^iiv^ oppositipn was withdrawn, and ^Ae Company^' 1 
 alkwred^ go on and perfect their jrorlrin peace. ThatbdnKW 1' 
 I^ppieheri^he Board would not be pemjtted to pwv?m tS ^ 
 occupation oAhe.landby the CoinpanyTthat they wSuWlbi^ 
 ^med from doing^qore than real^ their Jicn, k 
 
 • I n9w:proceea to cohsider the Act to Vic, c 4c tiinsfer, 
 
 that the lands m the reservedAchMuJe, which has been ves^jd in ^ 
 the principal officers of Her aitjesty's Ordnance, and which C ^ 
 
 Slfn^l'^ff ?iS^?P'^/f the^rvice of: the-^ Ordnance D^rt- 
 . ment or for Military defence.CsLn be and bet^ absoluteTin 
 
 lS'vi^r''i'' ?"'1? foithe^beneKuse3puj^ses,?fth^^ 
 ±Yoyince, » * * ♦ butsi^ject, rieverthSess. td aU 
 sales, agreements, lease or leas^V^iidy entered ihtd Ss^ bv 
 the principal officers, a^d the ^ihVsection Ihat the. Act^Sdd 
 yect the rights of any parties cSiiming any of these lands. tSK 
 ^i'T/Sr"-^'* '° *? ?V9^^ J""^' '^56. On the sth N<;- 
 
 S, w^- i?''"^V'**'**"'^J'^'P''^P"^by Mr./Walklm and ^ 
 Mr. Pilkington, and sent to the Inspector-General of fonificatioiw 
 
 . ta the ^iJ^i S.^^"^'' ;''°'''°« ?*"^ ^'^*'"^*^y *^^ the schedule 
 ^^.m^Sl^ the several properties transferred to the Provincial 
 Govemmeiit This schedule states that the Ontario, Simcoe.and 
 Huipn, or Northern Kailway, had been permitted to Occupfa - 
 g«tionofUie^rve,butthatno deed had Ijeen executed to 
 cS^el^?.?^,?^ D^etobeiv 1856, in reply to enquiries of - 
 
 f™^nf ro ?'-*^L^±f*? l^^ ^«^"* ^the Provincial jPov- 
 ernmenyCaptoindklWl^, of the Royal Engineers' Department/ 
 mtois liim t^t the^Ontarip.Simcoe. ^d Huron GdmSny tS 
 possession m^t auttoty 6f their charter, 1 , Vic, ci^, ^l ' 
 
 "^1 S'S" °^Atr^^ was recognised by the Ma^t«W 
 ^walond Board order of 2nd of Februlry, ,854/ th^ do^ ' 
 
 ^ts are olriy a repetition of what has jartj^dy been established, 
 
 down to thaygrt^^^ giy^n to the PrbvinSd 
 
 ^emmen{:^Tf?^S0^ 1^ 
 
 ty^GalWs powers werfe; ff without any authority to do so^ J 
 
 ^Wrh ^TtJSr ^ifi.*^ €!"™?'"* °^ ** e^btenci^of t^ right; J. 
 which is ^Wished by^other evidence, m if this w«r Ea? in^ 
 jnswer to an aJ)plicalioi by th^ ^ent pf the G^S^^^hS 
 JJiild not comphun of his havinglM^^thority tc^lve them St : 
 jafonnation tiiey sought I thinkv?^ W iJ^ern M^v ^ 
 ^pabj^adan^ecgtableri^^ 
 
 I have ^m^mj^ the aigum,ent re^ting^upoii<t^« VJd.' 
 c ", s. 15, thJP»^M| ^nrof the Parlianient;t4s^ authorize "th^ 
 
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 ronatruction of railroads upon any lancjs which may have been re- 
 le. /ed or set apart for military purposes applied ohly to luoh 
 reseZ/ed lands, and that it was not proved that these lands were 
 TO reserved. But the evidence does seem to me to esublish that 
 they were reserved, not purchased. The tiUe is deduced on the 
 taap prepared by Mr. Fleming— th6 very name of the "Garrison 
 Reserve" mdicates it— the action of the Board of Ordnance re- 
 Icognizes it— and during the whole course of the correspondence 
 on the subject there is ivo hint, no suggestion, of any doubt that 
 the lands were suth that the Parliament could deal with. 
 
 By the Act of 1859, aa Vic, c 89, the road and line Af the 
 Northern Railway Company were vested in the Crown ; and by 
 the Act of i86o, 23 Vic, c 105, the whole was re-vested in the 
 jCompany, upon conditions which have been ' complied with or 
 waived. By a clause in the Order-in Cound^j-ecited^n this Act,^ 
 |the Governor-m^Council reserved the complete control and direc- 
 tion of the station and other ground in the City of Toronto occu- 
 pied by the Company, as well as of the alignment and disposition 
 of the track of the railway leading into and within the City, with 
 the view of completing such arrangements a84nay be deemed ex- 
 pedient by the Government for effecting proper connections with 
 the other Provincial railways in the City, It appears that for 
 some srears proceedings had been pending before the Railway 
 Commissioners on thfe application of the officers of the several 
 railways coming into the City, with a view of enabling the Grand 
 Trunk Railway to connect the eastern and western sections of 
 their road, and of definitely settling the allowance of the three 
 radroads passing into and through the City. These resulted in a 
 report of the Commissioners to the Govemor-in-CouncU in 1858, 
 in which they recommended that the Grand Trunk Railway should 
 *"" "" **»e necessary arrangements with the two other roads, 
 aige to the Government, for a more Convenient ap- 
 >roach to the City, &c, and that so much of the Gamson Reserve 
 s was then occupied by the three roads should be surrendered 
 t<> the povemment for the purposes there indicated The Com- 
 nies had not yet actcid upon this. The Grand Trunk Railway 
 wi^ straitened for meant, and could not then convenienfly carry 
 out this arrangement. Knowing these facts, the circumstanc^ 
 erii|tmg when the Act was passed, it is probable that the reserva- 
 tion m the Order-m-Counql was intended to apply to the existing 
 roads, to enable the pending arrangements for the location of the 
 ittwsis to b^ finally adjusted. The language seems to refer to ex. 
 istiiig roods, and betrays no design to embrace future undertak- 
 ing^ Whether it is permissible to have regard to these circum- 
 stentes m limiting the operatioA of the Act, when the Inco 
 tion Act (31 Vic, c I, s. 6,, s, s. a) says that the law is 
 <3Qnsidered as always tpeakmg, and^henever anytUqg it 
 
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 in the present tehse, the same is to be appH«!d to the circtun- 
 stances., they anse, I shall not stop to enquire, as the Acl ww 
 r^ed m ,875, a. we shall yntneJiately find. Within a mbnt" 
 after the pa^iSmg of this Act the three rJlWay companies agreed 
 to cajry out the recommendations of the Commissioners, witK some ' 
 mod fications; the Wcjk was placed under contract, apd compSt- 
 ed at a cost of about $70,000. This contract is descSbed by the 
 witnesses as bemg the outcome of what took place before the 
 Commissioners— though all that was recommended in their re- 
 port was not earned out.: It was contended that the action of 
 the Commissioners was in excess of their powers— that they only " 
 had authority to deal with crossings. I am not prepared at pre- 
 sent to assent to this limitation of their powers, but it is not 
 necessary to decide the general question, for I think that to deal 
 prbperly with crossings m a cbmplicated network of railways en- - 
 tcriM a populous city the proper location of crossings may, and 
 m this instance did, involve the alignment of the roads within the 
 City, and that it was within the powers of the Commissioners. A 
 perusal of the proceedings be.'bre the Commissioners satisfies me 
 !u I «•»« chief matter before them was that of the crossings, and 
 ♦ that anything further was dealt with as incidental to that subject. 
 The Commissioners rec(Jg.iized the right of the Northerh Railwlf 
 
 - \*w f K^ *° ""^^'l -?*?**" °" *^^ Reserve, arid in recommending . 
 ^at It be surrendered, implied that they had the estate to surreil. 
 der, and the statut? of i860, by reserving a right in the property 
 revested m the Company, implies that everything not reirved is 
 granted. From ^86o till the present time, the arrangetaefits then 
 made have been earned out, the Government has neversought td 
 interfere with them, the Railway Company have been publicly 
 using and enjoying the rights then acquired, and if any assent of 
 the Government were required to render them unassailable, that 
 assent ougHt to be implri Welland v. Buffalo, 31 B. R., S3Q, 
 18 an authonfy for this. ^ _ ^^^* 
 
 . It i^ said, however, that though the Government may J^ 
 bound.not to disturb the Grand Tmnk Railway Company in thJv 
 use of the 27 feet assigned to them by the arrangements of i860, ^ 
 there was stdl land enjwgh left upon which again to exercise this . 
 
 ' ^^^tK'T^Nim'?^'^'' ^"^^^^ ^*"«y ^Uilway Compkny. 
 But the Order mMPl was repealed by the/Act of 1875, four 
 y^iI|before the liceKe^^o the Credit VaUey RaUway Company. 
 21T^ Ii! "^^^K^ed* being a private Act, could not affeiTthe 
 nghts oTthe Crpwn. _ The nght of the Crown in this instance was 
 
 .created by an Ordten-Council, confirmed by an Act of Parlia- 
 S? • ^i?t°^J "^ tKsame power that had the aulhority to confer " 
 the nght had the p^er to put an ^md to it.|tt.can be 
 other by a pubhc or private 8tatute,'^and where ArehM " 
 the Crown is concerned, it may be aflfected, nSody; 
 
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 express worcfs of this Afl^'ptirCy necessary infplication. And ^ 
 assuming the exercise of#is authority to be a prero|[ative, or in.. ^^ 
 the nature of a pre]:ogative, it could only be extinguished by 
 express language or by necessary implication. There appears to 
 me to be that necessary implication her^^^^^gthority was 
 n%erved to the , Govemor-in-Council byiltlft^&KfRn-Qaunci^ 
 When the Parlidlinent repealed the Order-in-Council, what stronger 
 indication of imefrtion could there be th^t this power should no 
 longerb? exeirt^. Sir Peter Mj^ll (Interp., of Stat^ 116) 
 says: — ''The Wlrn, however, is sMiciently named iii a statute 
 within the meaf^ig of tM mip^t when m intention t0 exclude it 
 it manifcst|^^ , ' ^ ■^■'"' v 
 
 The rjlje commented Qfi by Sir Peter Maxwell is "that the 
 Crown i»j»ot bound by a statute unless named in it'' ^ The In-^ 
 tcrp..,Af^.3I Vic, c. i s. 7, s. s. 33, says that no provision in any ^ " 
 Act shi^l affect in any manner the rights of Her Majesty, unless 
 it is expressly stated tHierein that Her Majesty shall be bound 
 thereby. Tne rule is more specific than the law, for it says 
 named; hut to take » case out of the rule necessary implication 
 suffices, aHd)|so it shoJW totake itout of the law. Webster under 
 
 * the verb '^lo express," exDiins it to mean to ytter, to declare in 
 wollk. to speak, and aho to show or make known, to indicate^ 
 a dof^cast eye or lool n^ express humility, shame or guilt . 
 Whence it would seem thit if tnfe in|;ip;in0n may be inferred fron^ 
 the terms used, the language of tVe Act Vbuld be |»iilplied with, ; 
 or as it has been stated, '|i^resirna <licit|ur, 4uq4 ponjecturis 
 
 .. cpUigitur," and ''illud est eM§BsuS!tf^od caltinetur ^^ legis, 
 quod evidentibus signis coU'^tur." ' - .^_-.T\ ^ 
 
 '* the cfly distinction be^gil9 public Acta^d Jocakipr per- 
 ^ 9onal enacfments, applicable Torithis subject, ^ems to be that thW 
 <: latter "^are to be constructed more strictly when th^'tonfer pri«l^ 
 " leges and powers interfering with the property^pnirf»ts of others, ylj?'. 
 Maxwell,/ 368. 3ut where the intenjfc ofth^ Xegislatiire is *; 
 xlear it does not matter whether it bflHlresied in^a public or 
 
 !_pri^^-A^ ."■^■■; ':.-•* «. . . Ijr ■ ,. ,■"'■■• 
 
 11^875 tee lien of thrCtovernmeik upon the road amount- :^ 
 ed tc^nearly ;^6oo,ooo sterling, and by the Act of 1875, c 65, 
 pass^ to re arrange \he capital of the Company, and to consoli- 
 date flie various Acts relating to it, the undertaJcing of the Com- 
 ''hUf^ A ^^y ^* ^^cJ*"^ (*• ^6)to consist, among other thing9i» of "its 
 
 ' main line of Rfulway-as the same now exists." And by another 
 
 Act of the same session, c. 23, the Go*renmiient combromised it^ 
 lien^or ;^iop,o(^ sterling, which has knee been puio. 
 
 When the Ordnance property was transferred by an Act 6t 
 1856, subject to any agreements, &c, that phrase was for the 
 
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 When, therefore, In the Act of r«^e'<» «• :» • . 
 
 ^Jat the lien of the liominion ^ll^/^^^ nrcZtv^'f?* 
 ^Northern Railway Company amounteTtX sum o r /,o o«« 
 that must be taken to include nil the daim. of the D^^ii^n S 
 ^ttdh T""'"" ^^^y.'^'ght h|^ accrued, and to ale been 
 settled by the compromise. It wMid be impossible to hold tha^ 
 anvhen was reta.ned-it would have been a breach of faUh ^^th 
 tHkcreduors of the Company, and there is no difficulty in ^u^ • 
 
 eSifrh''^'" P'"'"^ r^ ^570.000. they would hLSteT 
 extinguish the comparatively trifling sum representing the valu^ 
 of the 34 acres of this reserve nearly thirty years ago 
 
 ^?''^''i& therefore, that the Northern Railway Comoanv 
 
 r the deftgs with the Board of Ordnance, S umk?Th^e 
 
 ..^sta utory enactments noted al)ove, acquired a t"le f ef 
 
 ■' . ^ , ■' , ■ ■■■... '* •■ •■'■■■■ ^ -' ■ . . . 
 
 for its?oad'il,t''2i,?"n?™P^"y ^^"^^ *" the land reciuired 
 ' ,; *? road i^t of the absolute untrammelled nature of the f^ 
 «mple of a ptiVate fndividual, it is obtained for rparticullr nu? 
 pose; andnvhile that purpose is served it will nnt h« . ? ^ 
 to assert rights that a ?riv'a;e own^mrgh\^"aidX'lK^eff^ 
 of the decisioiis to which I was referred; of BostoVk v M, 
 Staffordshire Railway Co. (5 DeG. & S ksT 1 T j£ r 
 & B 798,) United Lnd & v^6n.f'£ti MiSy t^'j/ 
 >^7 Eg., ,58, 10 Chy., S89,) Norton re U>ndon and 9Up 
 
 l^y C?r^rcT^%^^ ?-p^' t'3,) MuUiner v. Midland^ 
 *^kV L V " Ch. D.^ 6 1 1. ) But there is nothing in these ca-ses t# 
 
 quality of the title, may treat it as if no title existed and tiki 
 possession for rtli^own purposes of the location of t^' £ with 
 tt; V X"^'' o 'T '^"i ^^ ^^^ ^*^o"g l^a^d. By their charter 
 ^dth"" tI:' ^y^ ^'"P""^ had aright to take^o tTlu ^ 
 Trtn;!, M^ "^^^ ^"^^ 99- And Under the General RaHwaJ 
 Act other railway companies were empowered to use the line if l2^ i 
 fore 30th June, 1858, without, and if after with? "he assent J% * 
 department of the Government. And if tha could hfn.n * 
 trary to the wish of the owner of the li„t it cTrtllfv nZVZ 
 done by the agreement of the parties, fl^ jX hL eXDris^^ 
 Aisopinion to this effect in the judgment u^on the re he W^ 
 .which I then assented, and now assent Wh ^„ re-hearmg, to 
 
 warning in the ch a nc . Wi . .ic p Tf aTc^SiJy ^ijertiolTX^ 
 
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 donnient, becftusa ft wa» riot needed for railway purponen. The 
 first agreement between these Companies was as early as 1856 
 or 1857. It had expired liefore the 8th January, 1858, and on 
 that tlay a new agreement was made for the use of the track of 
 the Northern Railway Comnany by the Orand -Trunk Railway 
 Company for a jwurt of the distance, and for laying a .scparateir«>i:k 
 for the remainder^ to continue for a year, but in view of a per- 
 manent location of the (Irand Trunk Railway tracks in the ""ear 
 line laiil down on a plan exhibited by Mr. Fleming. The per- 
 manent location was not made, I think, till i860, but ought to be 
 treated as made in pursuance of thin ngrcemcnt of January, 1858, 
 and therefore not rc(|uiring the assent of the Covernmcnt. If it 
 it to be considered as made later than June, 1858, then under 
 the circumstances already detailed, and upon the principles enun- 
 ciated in Wflland v. Buffalo, 31, B. R., the assent of the Gov- 
 ernment ought to be presumed, and especially considering the 
 long time that the user under the a^^reement has been permitted 
 without interruption, and its recognition in various ways by the 
 Government. But this answer of the Credit Valley Railway is 
 
 not an information for intrusion at the suit of the Crown the 
 
 Crown has taken no steps to have the right declared forfeited for 
 abandonment or alienation— the license to the Credit Valley Rail- 
 way was made under an Order-in-Coun(Cfil expressly reserving the 
 rights of the other Companies, and it is not competent for the 
 Credit Valley Railway to intervene ind claim a forfeiture. Be- 
 sides, if the alienation or agreement between the Grand Trunk 
 Railway and the Northern Railway waa an improper use of the 
 right of ownership, the result would not necessarily be forfeiture ; 
 it might have the effect of depriving the Grand Trunk Railway of 
 the use of the line and restore the Northern Railway to their old 
 dominion. In that case it would not benefit the Credit Valley 
 Railway ; but it would be impossible for the Crown, after all that 
 has occurred, to treat the permission to the Grand Trunk as a 
 thing that ought not to have been granted. It would be barred 
 by its atquiescence, by its recognition of the existence of the 
 actual condition of the Companies, apd by its endeavor to secure 
 a proper connection over this 99 feet for the sections of the Grand 
 ^Tnink. 
 
 And further, the Northern Railway Company are parties to 
 the suit, and pray for the same relief as the Plaintiffs. Indeed, I 
 do not see why they may not be treated as Plaintiffs ; they have 
 throughout contested the right of the Credit Valley Railway, and 
 idl the evidence affecting the questions now attainable having been 
 given, there can be no injustice done in treating them as Plain- 
 tiffs, in administering relief as between co-defendants. The North- 
 em Railway Company do notxontest the right of the Plaintiffs. 
 
'if 
 
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 purposcii. The 
 ! early as 1 856 
 y, 185ft, and on 
 of the trnck of 
 Trunk Kailviray 
 J a st'iKiraietrack 
 view of a ?€«"• 
 ck» in the rear 
 ing. Tlic per- 
 but ought to be 
 f January, 1858, 
 crnnicnt. If it 
 58, then under 
 principles enun- 
 nt of the Gov- 
 considering the 
 been permitted 
 us wgys by the 
 Galley Railway is 
 the Crown — the 
 red forfeited for 
 TBdit Valley Rail- 
 ily reserving the 
 mpetent for the 
 forfeiture. Be- 
 e Grand Trunk 
 )per use of the 
 ly be forfeiture ; 
 runk Railway of 
 way to their old 
 e Credit Valley 
 vn, after all that 
 nd Trunk as a 
 irould be barred 
 xistence of the 
 deavor to secure 
 tns of the Grand 
 
 
 
 
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 ofThefr'Swa "^"^ '*" *"^°^««<«*.f welli.ihcenforce«J ' 
 
 r^^'IV^I' **lf F'*'^*'^ «"»»'»«<! «o i decree rcstraJnIntf thi ' ' ^l^^ 
 Credit Valley Railway. il:c.. from tres|)afsing on the 1^^. UTc.umI ^ ' 
 
 tion. and to a decUration that no title passed to then uSdl' thl': ' 
 license of occui)fttion. and to an cnduiiTas to il / 1^22f. i? ' 
 
 ..^v..«; ^. uw.u,i«i,on, ana to an cniiujry as to tlu: daniAffM 
 tamed by the trespass with costs. f 7^ 
 
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 y are parties to 
 :iffs. Indeed, I 
 ;iffs ; they have 
 iy Railway, and 
 ible having been 
 ihem as Plain- 
 its. The North- 
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 ThaUto whom these fm- 
 ettts shall amut Chietii^. 
 
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 <;*■ 
 
 
 
 
 
 Samubl Smitii, Administrator^ 
 PR9YINCE OF UPP*:R CANADA, 
 
 GrBOROi THB Trird, by the Grace of 
 God of the United Kingdom of Great 
 Britain and Ixdaod, Kino, Defender 
 of the Faith. " v^>-V ^ / ' 
 
 KNOW YEV that we, of our special grace, certain knowledge 
 "and mere motion, have given and granted, and by these presents 
 do give and nant unto John Beverly Robmson, William Allan, 
 Ge^e Oookshank, Duncan Cameron, and Grant Powell, all of 
 the Town of York, in the County of York,r in the Home 
 ..District of said Province, .Esquires, and to their hears 
 and assigns for ever, all thfit parcel or tract of land situa|e> 
 in the Town pf York, in the County of York, in the Home 
 District, and Province aforesaid, being a certain 'iqMuce or 
 pp of land^ denominated b!jl» tKe letter H on the pUm of the 
 " ' towht situate between the> top of the bank and the fidit 
 ,^ of the Town, reserved for a public walk, commencing on Uie 
 topofthet>ank in the western limit of the old Government 
 Bmidings resorvation adjoining the MtitlMast a^ the said 
 town ; Uien north sixteen degrees west fSu chains more or less to 
 tlte southern limit of Palace.Street; then along, the southern limits 
 of the said street also foUowifljg the southerii limit of Maricet 
 Street and From Street until it iiitersects Uie |restem limit J6^ 
 Petor Street, at the ^est e^d Of the siiad town ; then south six- 
 teen degrees cAst, five chains more or less, to the top tf ^the 
 bank I then easterly along the top of the bank,ipllowingits seveiil 
 tii^^jiii^ and wiij^ings to the pf^ce of beginning, contnning thirty 
 toes,, more or less, wii^ allow^ce for the several crossrstreets 
 leading from the said town to the wsit^r, tether with all the' 
 woods and waters thereon lying and being una^r the resen^onl, 
 limitations and conditions, and to and upon the several trusts 
 hereinafter expressed ; to havetand to hold the faid parcel jx' 
 tract of land hereby given and granted to t^e said Johii' Beverly 
 Robinson, Williatti Allan, George Crpokfhank, Duncan Cameron, 
 ' Grant Powell, their heirs andvassij^Svforever, upon the trusts 
 Tthefbs, and to and upon fhe u^es. hereinafter declared, con- 
 ing the same," that is to. say, on trust, to ihpld the same, for 
 
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 the use and benefit of the inh^itants of the Town of York, and 
 for a public walk of mall in front of the said town, and to permit 
 and allow such appropriations, dispositions, alterations, and im- 
 provements to be made of, aiid in the same for the purpose afore- 
 saidj.as our Justices of the Peace in and for the said Home 
 District for the time being, in Quarter Sessions assembled, or the 
 majority of them shall, from time to time .hereafter, make or di- 
 rect concerning the same ; saving nevertheless to us, our heirs 
 and successors, all mines of gold and silver >that shall or may be 
 hereafter found on any part of jhe said parcel or tract of land 
 hereby given and granted as aforesaid. Provided always, never- 
 theless, that in case any of them, the said John Bevwly Robinson, 
 William Allan, George Crookshank, Duncao Cameron, or tJrant^ 
 Powell, or ariy succeeding trustee/or trustees to be appointed as" 
 is hereinaftei? mentioned, shall happen to die or be desirous of 
 being discharged from thie powers or trusts hereby m them re- 
 ^posed Or vested, or become incapable of acting in the same, then in 
 any such case and so often as the same shall happen, full power and 
 authority is hereby given by these presents t0;X)ur Justices of the 
 Peace in and for the said Home District, for "the time being, or 
 the majority of them, in Quarter Sessions assembled, to nomi- 
 nate and 'appoint any other fit person in the room or place of any 
 of them, the said John Beverly Robinson, William Allan, George 
 Cr6okshari|r, Duncan Cameron, or Grant Powell, or any succeed- 
 ing trustee \frho shall so die or be desirous of being released or 
 discharged from, 01* become incapable of acting in the aforesaid 
 trusts or powers; and when,'and so often as any person or per- 
 sons shall be nominated and appointed as aforesaid, the said 
 parcel or tract of land and premises, hereby given and granted, 
 shall be conveyed with all convenient speed in such manner and 
 form as that all arid every such person or persons so to be appoirtt- 
 ed as aforesaid, shall and may be invested with all such powers 
 and authorities, and shall and may in all things act in relation to 
 the premises in conjunction with the others of them, who shall or 
 may survive or not decline or not become incapable to act there- 
 in as fully jtivd effectually in all reSi)^ts and to all intents and pur- 
 poses as if he ofthey had been originally in and by these presents 
 a grantee to the uses and^trusts, and for the purposes aforesaid, 
 anything hereinbefore contained to the contrary thereof in any- 
 wise notwithstanding. Provided also that if at any time heit- 
 afterthe said John Beverly ■Robinson, Williaqp Allan, George 
 Crookshank, Duricdn Cameron, iand Grant Powell the succeejding 
 Trustees to be appointed J * * # <- # # # 
 or any of them shall * * * ,» ♦ house, 
 out-house, building or erection of any kind,-other than such fences 
 
 , ■ . _■ ..... ,a_ -:: — , — : ' — ■ — ^ — 7 
 
 tTliere are a few ^qrtls here entirely obliterated in the original patent. 
 They come in'thc fold of the parchment. 
 
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 original patent. 
 
 or enclosutea as may be necessary and convenient for the puf* 
 pose of the said reservation to be erected or placed on any part 
 of the saiq parcel or tract of land hereby given and granted, 
 whether by direction of the Justices of the Peace or otherwise, or 
 if at any tirfle hereafter, any such house, out-house or other l^uild-' 
 ing shall be placed or erected and suffered to continue thereupon, 
 then this our grant shall be null and >void, Anything hereinbefore 
 contained to the contrary thereof in\ ai!^wise notwithstanding. 
 Provided'also that if at any time or times hereafter thfe land so 
 hereby given and granted to the said John Beverly Robinson, 
 William Allan, George Croojcshank, Duncan Cameron, and (irant 
 Powell, and their heirs, shall come into the possession and tenure 
 of any person or persons whomsoever, . etPher by virtue of any deed 
 of sale, conveyance, enfeofrmenf or exchange, or by gift, inherit- 
 ance, devise or rnarri^e, such person or persons shall, withi* 
 twelve months next after his or their entry' into and possession of 
 the same, take the oaths prescribed by law, before some one of 
 the magistrates of our said Prcwince, jand a certificate of suchi _ 
 oath having been takefi,' shall Ause to be recorded ift the Secr^ 
 tary's )ffice of the Said Province. In default of all or any (j^" 
 which conditions, limitations and restrictions, a^d especially <h 
 the said John Beverly Robinson, William ' Allan, Gebrge Crook- 
 shank, Duncan Camerom, and G/ant Powell, and the survivor or 
 survivors of them and their successors, do not at all times "here- 
 after observe and fulfil jybe trust hereby reposed in|them accord-- 
 ing to the true intent of t|iis our grant, and obs^e and alloiv ap- 
 propriations and directions to .be from time to M^e , made and 
 given by our said Justices in ijidlOTer £Ubresaid,tms said Jrante and 
 everything herein contained shall be, and we do |ie,reh|^ declare 
 the same to be nrill and void, to all intents ajj<|»purp«fees what- 
 soever, !ind the latid hereby granted, and eyer^jpart and parcel 
 thereof shall revert to and become vesiod ih us, oyt heirs and 
 successors in like manner as it^ the "seojtk j)i^d never beei) denM|d, 
 anything herein contained to the c|)n!tmry there^ in r-y\vise tnR-> 
 withstanding, And whereas,, by an .^Act of tne Parliament ^jof 
 Great Bri|awi, passed in the thirty-first year 'of. His Majest^s 
 Reign, (entitled: "An Act to repeal ceirtain parts of an Act' 
 passed in the' fourteenth y^kr of His Majesty's Re^gn, entitled: 
 "'^^ Act for making more (effectual provision for the Government 
 of 4lie Province of Quebec jn North America, and to make further 
 provision for tfie Government of the said Province'," it is declared 
 that "no grant of land hereafter made shaJlJ^ va^|i or effectual 
 oinless the same shall contain a specification of/- the iands to be 
 Allotted and appropriated solely to the n^aintenance of a Protes- 
 tant Clergy within^he said If royince in respect pf the lands to be 
 •^thereby granted." "^T (^ '- •. - 
 
 NOW KNOW YE, that ^l have caused an ollotmdi and^ 
 
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 ^>propriation of four acres and two^evenths to be made in lot 
 number six, in the second concession from the Bay, in the Town- 
 ship of York, 
 
 ■ ft. . 
 IN testimony whereof, we have caused these our Letters to 
 be madr Fatent, and the Great Seal of the said Province to be 
 hereunto affixed. v 
 
 j; WITNESS our trusty and well-beloved Samuel Smith, Es- 
 qiiil«; administrator of the Government of our said Province, at 
 York, this fourteenth day of July, in the year of our Lord one 
 thousand eight hundred and eighteen, and in the fifty-eighth year 
 of our Reign. 
 
 (Signed,) 
 
 S. S. 
 
 Entered with the Auditor, ) 
 twenty-second January,' 1 8 1 8. / 
 
 (Signed,) 
 
 Order-in-Cpuncil, ist 
 January, 1818. 
 mand of His Honor. 
 
 uncil, ist ) 
 
 By Com- V 
 
 nor. ) 
 
 1). CAMERON. Sec 
 
 G. HEWARD, 
 
 Auditor-General U. C. 
 
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 Th all U whom these pretenU 
 shalLcome, Greeting. 
 
 : UPPER CANADA. 
 
 VictORii^ by the Grace of God 
 o# the United Kingdom of Great 
 Britain and Ireland, Queen, De- 
 fender of the Fail^, &c, &c, &c 
 
 KNOW YE^ that we^ of our special grace, certain knowledge 
 and mere motion, have given and granted, and by these pi«sents 
 do give and grant unto " The City of Toroht^' and itfi successor* 
 forever, upon the trusts and subject to the provisoes heivinafter 
 expressed and contained, all those parcels and tracts of husd 
 covered with water, and situate in fix>nt of th6 City of Toronto, 
 in the County of York, in the Home District, in our" said Pn>- 
 vince of Upper Canada ; and also, all those parcels or strips of 
 land situate between the (op of the bank 1m(i the water's e^ of 
 the Bay, situate in the said City of TotontOi^ ^djoinfng to the naid 
 Water Ix)ts, and which sa|d land covered with water or Water 
 Lots, and the strips of land situate between the tbp of <the bank 
 and the water's edge of the Bay, are known and described ^as" fol- 
 lows, that is to say : — ^., 
 
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 First :—Goinm^cing at the intersection of the produced . 
 western limit of Berkeley Street with a line produced from the 
 point,, near the site of the late French Fort,- west of Toronto Gtf^ 
 rison, to Gooderham's Windmill; thence north sixteen degree 
 west four chains thirty links more or less to the southern limit, 
 of that part of the Water Lot in front o£ town lot "C." cm Kiw 
 Street, as originaUy given to the late John Small; thence south 
 sevenry-four degrees west four chains more or \tu to the 
 liinit between Towa Lots "C" and "F" on King Street p«K 
 duced, otherwise to Ihe soiith-w^istem angle of the said TqhQ 
 Small's water lot ; thence north sixteen dqpees west four chakli, 
 m<Mre or lefis to the water's edge tof the^Bay ; tibence westerly/ 
 along, the water's edge to the nprth-eastem angle of a Wer Ix^ 
 in front of Town Lot number two on Palacei Street, M originally 
 granted to Alexander Legge; thence south sixteen degretii east . 
 ten (Chains more or less to the south^eastexn.anglci'of Alexander 
 
 ' Legge's said Wat^r Lot ; thence south seventyrfour degrees west . 
 <me chain mor« oir less Jto the soutli-westem angle of the Water 
 
 ' Lot in front of the east-haff of- the Town- Lot number two, on 
 l^alJBice Stfeet; thence Aorth sixteeQ' degrees^ west tHir|y links 
 more or less to the southeastern angle of (h^ Walgr Lol ui front 
 of the west-half of Town Lot number two* on Palac^ Street ; thence, 
 south, seventy-four degrees west one. chftin more or less to the pro* 
 duc^deaisfem limit of Prince'^ Street; thence south sixteen de- 
 grees east one chain thirty' links nfore or less to the ^i^oresaid line 
 between the points near the dte b^ ihevl<ite, &ench'Fort and 
 Goodbrham's Windmill; thence north sixty-five degrees, east 
 along said ]ht nine chains eighty links more or l^st to the pl^f^^^ 
 of bf^niiing, containing five acres more, or less. ' 
 
 Secondly : — Commtftcing at the {intersection of theiprodiiced " 
 western limit of Prince's Street with a line produced froinj^e 
 pomt on the site.of the late French Fort, west of Toronto Gpri- 
 aon to Gooderham's Windmill ; thence iiprth sixteen degrees west 
 twelve chains more or less to the water's edge of th€ Bay ; thence 
 westecly along the water's edge to the north-eastern angle of the 
 Water Lot in front, of the Town Lot number fout on Palace 
 Qtift^t, otherwise to the north-eaStem angte^of the said lai^ men- 
 tioned/VYJkter Lot originally granted to the late Eli& EusselU 
 'Uieiice »outh sbcteai defines east four-chains fifty links more or 
 less, to the south-eastern angle of the said Water Lot (pmited to 
 Elita^ Russell; thence south seventy-four niegrees west two <5hains 
 more oF^^css to the eastern. limit of Caroline Street produced;, 
 thence'south sixteen de^ees east, eight chains seventy links more . 
 or less to the aforesaid.hne between the point near the sit^ of the 
 We JFrfench Foit and (Jooderham's Windmill ; thence north sixty- 
 five degrees east along said line three chains ni^fty, links more 
 
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 or less to the place of beginning, containing four acres, more or 
 less. « . . 
 
 Thirdly :— Commencing at the intersection of the produced 
 western limit of Caroline Street, with a line produced from the 
 pqmt near the site of the late French Fort, west of Toronto (;ar|:i. 
 son, to Gooderham's Windmill; thence north'sixteen degrees west 
 , ^K^' ""ore or less to the south-eastern angle of the Water 
 Lot %i«ffont of the east half of Towrf Lot number five on Palace 
 ^^^ij^'^^'^^^''*^ *^^ south-eastern angle of the Water Lot o^lp^n- 
 
 »«9«ed to Jacob tterchmer ; thence south seventy-four de* 
 est seventy-seven links more or less to the south-west 
 
 vf the said Water Lot granted to Jacob Herchmer ; thence 
 
 ^teen degrees west three chains hnd five links more oi^. 
 
 iiMne south-east anpip nf tho Wnfor i «f <r>i^»:.,'»ii.. .-i--«,.,j ^ 
 
 westj^ 
 
 ~,...^w. ...v. V,.. 1 .nav-c oirtci; incnce south 
 
 seventy.four degrees west two chains more or less to the eastern 
 -limit of the Water LoV(originaIly granted to William Allan) in 
 front of^the west half of Town Lot numlfcr six on Palace Street • 
 thence south sixteen degrees east four chains twenty links more^ 
 or less to the aforesaid line between the point near the site of the 
 late French Fort and Gooderham's Windmill ; thence north sixty.- 
 .nve degrees east along said line .two chains seventy links more * 
 orj^ss to the place of beginning, containing one^acre more or 
 
 Foifflhly :— Commencing at the intersection of ftu^ produced" 
 we«;«rn limrt of Frederick Street; with a line produced from the 
 ; point n^ar the site of the late French Fort west of Toronto Ga'rri- 
 V^to (iooderham's Windmill ; thence north sixteen degrees west 
 four chains fifty links more, or less to the soutU-eastern ahfile of a 
 .Water. Lot granted to Susannah Maria \Villcox, being -the Watei^« 
 Lot m. front of the east half 'of. Town Lot number sevpit on 
 Palace Street ; thence south seventy-foiir degrees. west ohe chain 
 more or less to the south wester'i^' angle of the said Water Lot as 
 granted to Susannah Maria M^illco^; -Whence north sixteen degrees 
 west twenty links more or loss to the s($ith- idstern angle of the 
 Water Lot in front of the west hafAof Town Lot number seven on 
 Pdlace Street, being the Water Lot ^rjinted to Alexander Wood • 
 thence south sfeyenty-four^egrces w^st one chain more or less to 
 the south-western angle of the said Water Lot as granted to 
 the said Alexander Wood ; thence north sixteen degrees west five 
 chains more or less tb-the south-eastern angle of the Water Ix)t 
 m front of To\*n Lot number eight on, Palace Street,' as granted 
 to the late Duncan Cameron ; thence south seventy-four degrees . 
 west two chains more or less to the eastern hfnit of George Street ' 
 produced; thence south sixtbeh decrees east ten chains thirty 
 links ihoreqr less to the^aforesaixl line betwei^n the fioint near the 
 
 
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 V 
 
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 :s, more or 
 
 site of the late French Fort and Goodorham's Windmill ; thence 
 north sixty-five degrees east along said litie three chains eighty 
 links more or less to the place of beginning ; containing three 
 acres more or less. 
 
 >'■■■■-■'■■ '" * *" 
 
 Fifthly :—Gommencing at the intersection of the prodpced 
 western linjit of George Street with a line [irodiiced from the point 
 near the site of the late French Fort, west of Toronto Garrison, 
 to Gooderham's Wirtdmill j thence north sixteen degrees west five 
 chains seventy links more ^r less to the south-eastern angle of 
 the Water Lot in front of the east half of Town Lot number nine , 
 on Palace Street, othenvise the Water Lot originallyvgranted to' 
 Andrew Mercer ; thence south seventy-four degrees " west one/ 
 
 • chain more or less to the limit between the said W^ater Lot grant/ 
 ed to the said Andrew Mercer, and the Water Lot in (ront of th^ 
 west half of Town Lot number nine on Palace Strectr originalKr 
 granted to William Bergin ; thence south sixteen degrees. east five 
 chains, seventy-two links more or less to the aforesaiij i in e be- 
 tween the point near the site of the late French Fort and Go^ 
 erham's Windmill ; thence north sixty-ftve degrees ca<st along skid 
 
 ' line one chAin more or less to theplace of beginning ; contaiBking 
 half an acre more or less. 
 
 Sixthly :— Commendng at the ihterstction of the . protfuced 
 
 eastern limit of NevI? Stree|j>*mh a line produced from the /point 
 
 near the site of the late Frend^Fort, west of torontb GaiVison. 
 
 to Gooderham's Windmill ; thence riDfib^ixteendi^ees wo 
 
 chains sixty-five links mgre or less to the south-western ar/gle 
 
 the Water I>ot in front of the west half of Town Lot numi 
 
 on Palace Street, originally granted to Grey C. Wood;, —v 
 
 north seventy-four degrees east thirty-three links more or/.less to- 
 
 the north-western angle of the Water Lot^ranted toThp^nas Mil- 
 
 bum / thence south sixteen degrees east live chains sJxty-three v 
 
 links more or less ^ to the aforesaid linje between the point .hear 
 
 the site of the late French Fort and (looderhr^m'js Windmill; thcnc^ 
 
 south sixty-five, degrees west along' said 'line,thirty-four links more 
 
 or less to the place of beginningii^containing eighteen/thOusand, ; 
 
 8UC hundred ani;! forty-five sciuare Unksfipore or less. 
 
 • ' ' " "^ . ■ •. , 
 
 ' ''"^^ /■' ' * 
 
 Seventhly :— Comm^eing at the irtteBsectlbI^Qf tfie prodticed . 
 
 western limit of the street on the west side of the mT]f,^ with a 
 line produced frqm the point near the site of the late J'reiich ' 
 Fort west of Toronto Garrison, to Gooderham's Windmili ; thence 
 north sixteen degrees west' five chains more or less, to (the south- 
 eastern angle pf the Water Lot lettered "G," as originally granted *■ 
 to Henry Hamilton ; thence sbiith seventy-four de^'ree? west one' 
 chain more or less to the limit between the Wate^ Lot lettered 
 • "G" and the Water Lot lettered "H ;" thence souAh sixteen de- 
 grees east thh-ty linlcs more or less to the south-c^em angle of 
 
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 the latd Wat<;r I^t Itttered "H," originally granted to Thomn*^ 
 Hefliwell ; thence south seventy-four deffree* west one chain more 
 or less to the Water Lot lettered "I," originally granted to Ulick 
 ]^oward ; thence south sixteen degrees east thirty links more or 
 less to the iioutH eastern angle of the said ^atef Lot lettered "I ;" 
 
 " thence south seventy-four degrees west one ch<^n more or less to 
 the Water L^t lettered ,"^iC ;" thence north sis^teen degrees west 
 ten chains mot:e or less to a line produced froi^ the north-western 
 anile of the present storehouse erected on. th^ Water Lot in front 
 of t}ie southeastern angle of^ the Market, commonly called the 
 Fanner's Store, and Bergin's Store, erected at the north-eastern 
 angle of the Water Lot lettered "A," in front of the Town Lot 
 lettered "A," on the north side ofMarket Street; thence south- 
 westerly along said line to the north-eastei;h an^le of ^he Water 
 
 ' Lot lettered "Fv" originally granted to Jphn Bishop the elder; 
 thence south sixteen degrees east thtrteeft <!ihains more or leas to 
 the ^oretaid li»e between the ^int anc^rtie site of the late French 
 
 ^ Fprt and Goodiirham's Windm^l ; therice north sixty five degrees 
 east along said line, three chains more or less to the place of be- 
 ginning; containing two icres more 0r less. 
 
 ' iv^ig'^t^Tiy !-^AJ»o commendng at the intersection of the pro- 
 dutcdfeastem limit otChui-ch Street with a line produced front 
 the i)oint hear the site of the late/lFrench Fort west of Toronto 
 ^ Garrison, to Gooderham's Windihill ; thence north sixteeti de- 
 'grees weipt 6n( chain more or leu to the south-western angle of 
 the Wirter Lot lettered "D," originally granted to John E\i^art r 
 tbenc6 porth seventy four deglreeseast one chain more or less to 
 the ioutlf eastern angle of sfUd Water I^t lettered "D;" thence 
 north sixteen degrees west thirty links more or less to the south- 
 wettern Angle of the Water Lot lettered "E," originally granted to 
 "D'Arqy Boulton the younger; thence north seventy-four degreea 
 east one chain more or lesibto the limit between Water Lota "E" 
 and "F ;" thence South sixteen degrees east one chain more or 
 Jess to the aforesaid une between the point near the s^te of the 
 late French Fort anU Qooderham's Windmill ; thence south sixty- 
 fire, degrees, west algn^said line two chains more or less to the 
 place c^ beginning ; cmtaining twenty thousand square links more 
 or lest,' ■■:■,■':-■,/::„-„." ■■*^" ■ ■ /, ^ 
 
 -/: 
 
 ^ ' Ninthfy :---A}so comi^encing at the intersecti the pror 
 
 ' dUced western, Umit of Chu)rch Street with a line produced from 
 r the point near the iite of the jate French Ftjrt west of Toronto 
 Garrison, to Gooderham's Windmill ; thence north sixteen de- 
 grees west six chains eighty linW more or less to the south-eastern . 
 •• 4ngl« of that part of the Water ^ot lettered "A," granted to Wil 
 . liamBergin, being south-easterly continuation of that part of the 
 *> aaid Water Lot "A," previously gninted to William Codper, situ-' 
 : *teinfrontofthe Town Lot lettered "A," on the north side of 
 
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 If 
 
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 XX 
 
 Market Street ; thence south ■eyeniy-four degrees wett two chains 
 more or less to the south-western angle ot the aforesaid part of 
 the said Water Lot "A" as granted to the said William Dergin ; 
 thence north sixteen degrees west three chains more or less to 
 the southern limit of that part of the said Water Lot lettered "A," 
 as granted to the said William Cooper ; thence south, seventy- 
 four decrees west one chain fifteen hnks more or less to the east- 
 em limit of the Water Lot lettered "L ;" thence south sixteen de- 
 grees east ten chains twenty links more oK less to the aforesaid 
 fine between tht point near the site of the late French Fort and 
 Gooderham's Windmill : thence north sixty-five degrees east 
 along said^line three chains twenty Jinks more or less to the place 
 of l>eginning ; containing two acres and a half more or less. 
 
 ^ Tenthly :— Also ccmmencing at the Water's edge of the Bay, 
 m the eastern limit of Scott Street produced ; thence south six- 
 teen degrees east thirteen chains more or less to a lin« produced 
 from the point near the site of the late Frencl/l«'ort west of. To- 
 ronto Garrison^ w Gooderham's Windmill ; thence north sixty- 
 five dtgr^s east a\qnk said line two chains forty-three Knks ; 
 thence north sixtech degrees west thirteen chains more or less to 
 the water's edge of the Bay; thence westerly along the same to 
 the place of beginning; containing three acrei more or-less. 
 
 Eleventhly :-^Also commencing in the wcWto limit of Scott 
 Street produced, and at the water's edge of tl*|fc Bay ; thence 
 south sixteen degrees east thirteen chains morfPt>r less to a line ' 
 produced from the point near the, site of the late French Fort 
 west of Toronto Garrison, to Ciooderham's Windmill ;. thence i 
 South sixty-five degrees west alon^ said line four chains ninety 
 links more or less to the eastern hmit of Yong^ Street produced ; 
 thence north sixteen degrees west eight chains fifty links more or 
 less to the south-western angle of that part of WJjiter Lot number 
 one in front of Town Lot number one on the north side of Front 
 Street, granted 'to the Honorable Thomas Scott, deceased ; thence 
 north seventy-four degrees east three chains seventeen links more 
 or less to the south-eastern angle of the said Walfci,' Lot number 
 ohe as heretofore granted to the said Thomas Scptt, deceased ; 
 thence north sixteen degrees west fhreei chains more or less to the 
 water's edge of the Bay ; thence, northerly and easterly along the 
 same to the place of beginning ; containing four acrgs ami a half;* 
 more or less. 
 
 Twelflhly : — Also commencing- at 
 Bay in the eastern limit of Bay Street 
 
 sixteen degrees east ten chains more or , 
 
 from ihe poirtt near the «te of the late Fr^c 
 rontq Garrison to Gooderham's Windmill ;^i 
 degrees easjt five chains fifty links more- or^ei 
 
 ter's edge of the 
 
 thence south 
 
 line produce*) 
 
 west of To* 
 
 [Ttft sixty-five. 
 
 ihe western 
 
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 sixteen degrees e! 
 from the point n 
 ronto Garrison, to 
 degrees cast along sai 
 
 limit of the Water l^t in Front of the Town Lot number two on 
 the north side of Front Street ; thence north smtcen degrees west 
 eleven chains fifly links more or less to the water's cdg? of the, 
 Bay ; thence westerly and southwesterly alotu; the same to th9 
 north eastern angle of that part of the VVatcr Lot in front of the 
 Town l,ot nwnibcr foul* on the north «i(lc of i'ront Street, pre- 
 viously granted to Eliza Russell, deceased ; thence south sixteen 
 degrees east four chains fifty links more or less to the sduth-east- 
 , em angle of that part of the said Water Ix)t previously granted to 
 Eliza KussOll aforesaid ; thence south seventy-four degrees west 
 two chains, twenty-five links mor6 or less to the south-western 
 angle of that,part of said Water^^ previously granted lo the said 
 feliza Russell ; thence north ^ixWi ^turees west four cHains fifty 
 links niore or less to the water's edge'^o? the Bay ; thence w^ 
 ly along the same to the place of beginning ; containing 8rB|.i^ 
 more or less. ^ "^•^^'/^^^^ 
 
 Thirteenthly : — y^^commencing at the water'si^ge of the 
 Bay in. the eastern y^^|^<»'l( iStreet produced; tMnce south 
 ' ' ' chains more or less to a line prqfduced 
 
 of the late French Fort west of To- 
 am'sVVi^dipill; thence north sixty-five 
 _ e thirteen chains more or less to the 
 
 western limit of Bay Street produced ; thence north sixteen de- 
 grees west eleven chains more or less to the water's edge of the 
 Bay ; thence westerly along the same to the place -of beginning ; 
 containing fourteen acres mor6 or less. 
 
 ^ , Fourteenthly :-^Also commencing at the water's edge of the 
 i3ay in the eastern limit of Graves Street produced : thence south 
 sixteen degrees east.thirteen chains moi^ or less to a line pro- 
 duced from the point near the site of the late French Fort west 
 of Toronto Garrison, to Gcfoderham's Windmill ; thence north 
 sixty-five degrees east nine chains fifty links more or less, to the 
 western limrtu)f York Street producejcl; ^ thence north sixteen de- 
 grees west twelir<^ chains fifty links linibre or less to the water's edge 
 of the Bjay ; thence westerly along the'safne^'6'i|^e place of begin- 
 ning ; containing eleven acres more or le^^' ^ - 
 
 Fifteenthly :— Also commencing at the water's edge of the 
 
 Bay in the western liijiit of Berkeley Street produced; thence 
 
 westerly along the said water's edge to the eastern limit of Prince's 
 
 j Street produced ; thence north sixteen degrees west one chain 
 
 I more or less to the top of the bank ; thence easterly along the top 
 
 of the bank to its intersectii^n with the produced western limit of 
 
 - Berkefey Street aforesaid;, thence south sixteen degrees east one 
 
 chain more or less to the place of beginning ; containing one acre 
 
 more or less. 
 
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ri 
 
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 SixipeiitKly :— Alio commencing 
 Bay mlhe western limit of Prinrc"» 
 westerly along the said water'* edge to 
 line Street produced; thenre south «;„„ 
 chain n)ore or less to the top of the hank ; 
 the top of the hank to its intersection with 
 limit of Prince's Street aforesaid ; thence n^^^m 
 east one chain more or l^s to the place of heg\ 
 ing four tenths of an acre more or less. 
 
 Seventeenthly,:— Also commencing at the writer's edce of the 
 Bay in the wosrern limit of Claroline Strtfet produced : thence 
 westerly along the said water's edge to the western limit of Freder- 
 ick Street produced ; thence north sixteen dtfrees wcrt one chain 
 more or less to the top of the bank; thence easterly along the 
 top of the bank to its" intersection with the produced western limit 
 . of Caroline Street aforesaid ; thence south sixteen degrees east 
 
 ?^r?i^'^ "'r "'^ '"^'^ *^ ^^^^ ^^^"'^ °f beginning; containing 
 four-tenths of an acre more or less. 
 
 Eighteenthly :— Also commencing at the Water's edge of the 
 Bay m the western limit of Frederick Street produced; thence 
 
 - westerly along the said Water's edge to the eastern limit of Georgfe 
 btreet produced; thence north sixteen degrees west one chain 
 
 ^tnore or less to the top of the bank ; thence easterly along the top 
 or the bank to Its intersection with the produced .western limit of 
 i-rederick Street aforesaid ; thence south sixteen degrees east one 
 chain more or less to the place of beginning; containing four- 
 tenths of an acre more or less. 
 
 Nineteenthly :— Also commencing at the water's edge of the 
 Bay in the western limit of George Street produced ; thence 
 westerly along the said water's edge to the^ eastern limit of New 
 btreet produced ; thence north sixteen degrees west one chain 
 
 ^c°Iu Z , ^°^^^ *°P °^*'^« bank : thence easterly along the top 
 or the bank to its intersection with the produced western limit of 
 George Street aforesaid ; thence south sixteen degrees ^ast one 
 chain more or less to the place of beginning/ containing three- 
 tenths of an atre more or less. V - 
 
 Twentiethly :— Also v,ommencing at high water mark of the* 
 Bay m the western limit of New Street produced; thence wester- 
 ly along high water mark to the north-westem^angle of the Water 
 l^t granted to Joseph Shephard and others in trust: thence 
 south sixteen degrees east fifty links more or less to the north- 
 
 ^I^'^k"'.!!" ^'^ °i*^.^ .^^^^'" ^^n front of the south-west comer 
 of the Market Buildings and as granted to the City of Toronto ; 
 thence westerly in a direct line between the north-western angle 
 Of the present storehouse erected on the Water Lot in front of 
 
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 MICROCOPY RESOLUTIOKTEST CHART 
 
 NATIONAL BUREAU OF STAfUDARDS 
 
 STANDARD REFERENCE MATERIAL 1010a 
 
 (ANSI and ISO TESTJCHART No. 2) 
 
i :i 
 
 
 I - 
 
 the Town Lot number eight on Palace Street, and Bergin's store- 
 house erected on the Water Lot lettered "A" in front of Town Lot 
 lettered "A" on Market Street to the western limit of the Market 
 Buildings produced ; thence north sixteen degrees west one chain 
 more or less to the top of the bank ; thence westerly along the 
 top of the bank to its intersection with the western limit of New 
 Street produced ; thence south sixteen degrees east one chain 
 more or less to the place of beginning; captaining twenty thous- 
 and square links more or less. 
 
 Twenty-firstly :— Also commencing at the intersection of the 
 western limit of the street on the west side of Toronto Market 
 with a line produced from the north-western angle of the present 
 storehouse (commonly called the Farmer's Store) erected on the 
 Water Lot in front of the south-eastern corner/)f the Market, to 
 the north-western angle of Bjrgin's (late Cooper's) storehouse 
 erected at the north-eastern angle of tHe Water Lot in front of 
 Town Lot lettered "A" on Market Street ; thence south-westerly 
 along said line to its intersection with the eastern limit of Church 
 Street produced; thence north sixteen degrees west one chain 
 more or less to the top of the bank ; thence north-east^^ly along 
 the same to its intersection with the produced western limit of 
 the street on the west /ide of the Market aforesaid ; thence south 
 sixteen degrees east one cliain more or less to the place of begin- ^^ 
 ning ; containing half an acre more or less. *» 
 
 Twenty-secondly ;— Also commencing at the water's edge -of 
 the Bay in the' western limit of Church Street produced ; thence 
 south-westerly along the said water's edge to the produced eastern 
 limit of Scott Street ; thence north sixteen degrees west one chain 
 more or less to th# top of the bank ; thence north Easterly along 
 the top of the bank to its intersection with the produced western 
 limit of Church Street aforesaid ; thence south -sixteen degrees 
 east one chain more or less to the place of beginning ; containing 
 three quarters of an acre more or less. 
 
 Twenty-thirdly -.—Also commencing at the water's edge of 
 the Bay in the western limit of Scott Street produced ; thence 
 south-westerly and westerly along the said wafer's edge to its in- 
 tersection with the produced eastern limit of Yonge Street ; thence 
 north sixteen degrees west one chain more or less to the top of 
 the bank ; thence easterly and north-easterly along the same to 
 -its intersection with the produced western limit of Scott Street 
 aforesaid; thence. south sixteen degrees east one chain more or 
 less to the place of beginning ; containing three quarters of an 
 acre more or less. 
 
 Twenty-fourthly :— Also commencing at the water's edge of 
 the Bay in the produced western limit of Yonge Street ; thence 
 
 r"w 
 
 ^m.. 
 

 XIII 
 
 westerly, south-westerly and westerly along the said water's edge 
 to its intersection with the produced eastern limit of Bay Street ; 
 thence north sixteen degrees west one chain more or less to the' 
 top of the bank ; thence easterly, north-easterly and easterly along . 
 the same to its intersection with the produced western limit of 
 Yonge Street aforesaid; thence south sixteen degrees east one 
 chain more or less to the place of beginning; containing three 
 (juarters of an acre more or less. 
 
 Twenty-fifthly t-^Also commencing at the water's edge of thfe 
 Bay in the western limit of Bay Street produced ; thence westerly 
 along the said water's edge to its intersection with the produced 
 eastern Imiit of York Street ; thence north sixteen degrees west 
 one cham more or less to the top of the bank ; thence easterly 
 along the same to its intersection with the produced western limit 
 of Bay Street aforesaid ; thence south sixteen degrees east one 
 chain more or less to the place of beginning ; containing one acre 
 more or less, and 
 
 Twenty-sixthly :— Also commencing at the water's edge oi* 
 the Bay in ,the produced western limit of York Street ; thence 
 westerly aloiig the the said water's edge to its intersection with 
 the produced eastern limit of Graves Street ; thence north sixteen 
 degrees west one chain more or less to the top of the bank ; 
 thence easterly along the same to its intersection with the pro- 
 duced western fimit of York Street afresaid ; thence south sixteen 
 degrees east one chain more or less to the place of beginning; ' 
 contaming one acre more or less, together with all woods and 
 waters thereon lying and being under the reservations and limita- 
 tions, uses, trusts and conditions hereinafter expressed, to have 
 and to hold the said parcels or tracts of land covered with yf^$^ 
 and the said strips of Jand hereby given and granted, to the^^li 
 Cit}' of Toronto and its successors forever, saving and rese^n^ 
 to us, our heirs and successors, all mines of gold and silver that 
 shall or may be hereafter found on any part of the said parcels or 
 tracts of land hereby given and granted as aforesaid, but never- 
 theless upon the trusts and ta and for the ends, interests and pur- 
 poses hereinafter declared or expressed concerning the same, that 
 IS to say : Upon trust, in the first place to and for the public 
 purposes of the said City of Toronto, and from time to time to 
 lease and let such and such parts of the said Water Lot^ and 
 stnps of land as from time to time the Mayor, Aldermen and 
 Commonalty of the said'City of Toronto in Common Council 
 assembled may think fit to order and direct, for such term or 
 terms not exceeding in any one term the period of fifty years, re- 
 serving by such lease or leases such reasonable rent or rents as 
 «ie said Mayor, Aldermen and Commonalty of the $aid City of 
 Toronto in-Gommon Councifassembled shall order and direct to 
 be reserved and paid by the lessees; the said rent and rents to 
 
[I 
 
 '■U 
 
 f r 
 
 ^ •. >• 
 
 :/ 
 
 be reserved to and for the public use and purposes of the said 
 City of Toronto, and in the next place upon this further trust that 
 all such lots or parts of lots as may be used by the said City ot 
 Toronto for the uses or purposes of said City, and m the case ol 
 leases of such of them as may be leased-*s heremt^fore directed, 
 the said leases shall respectively contain a claus^^i covenant that 
 all such lots or parts or parcels of the said lots respectively as may 
 be so used by the said City occupied or leased as aforesaid, shall 
 be filled up three feet above high water level within three years 
 from the time of the said leases respectively, or from the time of 
 such occupation by the said City of Toronto of the said lots or 
 parcels of lots respectively, the same to be filled up from the 
 water's edge of the Bay to the south side of the Esplanade, 
 marked, laid down and designated in the plan of the said^ Water 
 Lots hereto annexed ; and upon this further trust, that the said 
 City of Toronto shall within three years after the time of the occu- 
 pation of the said Water Lots or^arts or portions thereof for the 
 said purposes, and in cAse of the leases of the said Water Lots or 
 any parts or portionUhereof, the said leases shall respectively 
 contain a covenant that within three years from the time of such, 
 leasing respectively an Esplanade shall be made and constructed 
 of such materials and according to such plan as shall be devised, 
 ordered and directed by the act of the Mayor, xMdprmen and 
 Commonalty of the said City of Toronto in Common Council as- 
 sembled, the said Esplanade to be not les§ than one J^pd feet 
 in width and to be made in all the said lots at therfllMpsignat- 
 ed in the said plan hereto annexed and marked in the sirne with 
 the letter "O;" and upon this further trust, that alHhe stores and 
 buildings to be put up and erected upon the said Water Lots or 
 any or either of them sh^l in all cases, whether the same be 
 , occupied by the said City of Toronto for^e purposes of the said 
 City, or whether^he same be leased as aforesaid, be built and 
 constructed into manner, and of such materials, and according 
 to sujch plans ai the said Mayor, Aldermen and Commonalty ot 
 the said City of Toronto in Common Council assembled shall de- 
 visb, order, and diilct; andupori this further, -trust that the said 
 .City of Toronto shall convey and assure to the different indi- 
 viduals or persons who now are or may be entitled to^the lots 
 originally granted, or such parts and portions of the said Ipjs re- 
 spectively as any person or persons now are or may be entit ed to 
 in the said lots heretofore granted, all and singular such parts and 
 portions of the said strips-of land along the bank as adjoin to the 
 said lots heretofore granted ; provided always the same shalTDe 
 conveyed to the person or persons subject to such general regflia- 
 Jions as affect the whole, as to buildings thereon as well as to the 
 , ^' regulations respecting the said Esplanade marked "O on the said 
 plan and such as may be made respecting the makmg of the bank 
 even and regular j and also upon this further trust thaf the said 
 
 ' ' ^M, 
 
XV 
 
 City of Toronto shall convey and assure to the said persons re- 
 spectively thati)ortion of th« said Water lx)ts which adjoin to and 
 he on the south of the said Water Lots already granted up to the 
 line marked on the said plan "I K," being the limit of the said 
 lots hereby granted to the said City of Toronto ; the samq to be 
 conveyed and assured subject to such general regulations as 
 affect the whole, and subject to the provisoes, conditions and 
 limitations herein contained, and all such conveyances or assur- 
 ances so to be m^e shall be subject to such conditions as herein 
 are contained ; and \ipon this further trust that the said land 
 covered with water or Water Lots which lie to the south of the 
 said Water Lots heretofore granted or locatetkis not to be used 
 by the said City of Toronto, leased or otherwise departed with 
 than as hereinbefore provided for and -expressed as respecting the 
 persons respectively who are or may b* entitled to the said Water 
 Lots heretofore granted. And whereas, by an Act of the Parlia- 
 ment of Great Britain passed in the thirty-finst year of the Reign 
 of His late Majesty King George the third, entitled : " An Act 
 "to repeal certain parts of an Act passed in the fourteenth year 
 "of His Majesty's reign, entitled : 'An Act for making more 
 " effectual provision for the Government of the Province of Que- 
 "bec, in North America,, and to make further- provision for the 
 "Government of the said PrlSvince'," it, is declared that no grant 
 of lands thereafter made should be valid or effectud unless the 
 same should contain a specification of the lands to be allotted 
 and appropriated solely to the maintenance of a Protestant Clergy 
 within the said Province in respect ^o the lands to be hereby 
 granted. Now know y€, that we have caused allotments or ap 
 propriations to be made as follows, that is to say : one-seventh 
 of five acres for the first herein dAcribed portion of land ; one- 
 seventh of four acres for the second herein described portion of 
 land j one-seventh of an acre fqr the third herein described por- 
 tion of land : one-serventh of three acres for the fourth herein de- 
 scribed portion of land ; one-seventh of an acre for the fifth 
 herein described portion of land ; one-seventh of eighteen thous- 
 and six hundred and forty-five scjuare links for the sixth herein 
 described portion of land; one seventh of two acres for the 
 seventh herein described portion of land : one-seventh of twenty 
 thousand square links for the eighth herein described portion of 
 land ; one-seventh of two and a half acres for the ninth herein de- 
 scribed portion of land ; one-seventh of three acres for the tenth 
 
 herein described portion of land ; one-seventh of four and a half 
 acres for the eleventh herein described portion of land ; one- 
 seventh of six acres for the twelfth herein described portion of 
 land : one-seventh of fourteen acres for the thirteenth herein de- 
 scribed portion of land ; one-seveintb of eleven acres for the four- 
 teenth herein described portion of land ;. one-seventh of an acre 
 for the fifteenth herein describea portion ofland ; one-seventh of 
 
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 four-tenths of an acre for the sixteenth herein described portion 
 of land ; one-seventh of four-tenths of an acre for the seventeenth 
 herein described portion oji-land ; one-seventh of fow-tenths of 
 an acre for the eighteenth herein described portion of land ; one- 
 seventh of three-tenths of an acre for the nineteenth herein de- 
 scribed portion of land ; one-seventh of twenty thousand scjuare 
 links for the twentieth herein descril^d portion of land; one- 
 seventh of half an acre for the twenty-first herein described por- 
 tion of land ; one-seventh of three-quarters of an acre for the 
 twenty-second herein described portion of land; one-seventh of 
 three-quarters pf an acre for the twenty -third herein described . 
 portion of land ; one-seventh of three-quarters of an acre for the 
 twenty-fourth herein described portion of land ; one-seventh of 
 an acre for the twenty-fifth herein described portiori of land ; and 
 one-seveiith of an acre for the (wenty-sixth herein described por- 
 tion of land, in lot number six in the second concession from the 
 ' Bay, in the Township of York of our said Province. » 
 
 Given under the great seal of our Province of Ujiper Can- 
 ada, witness our trusty and well-beloved Sir George Arthur, K: 
 C. B., Lieutenant-Governor of our said Province, and Major- 
 General commanding our forces therein at Toronto this twenty- 
 first day of February, in the year of our Lord one thousand eight 
 hundred and forty, and in the third year of our reign. 
 
 . 
 
 ■H: 
 
 ' <: J 
 
 n: If 
 
 By command of His ) 
 
 Excellency-in-Council. 
 
 (Signed.) R. A. TUCKER, 
 
 '' Secretary. 
 
 ■:*■?■ 
 
described portion 
 3r the seventeenth 
 of fow-tenths of . 
 tion of land ; one- 
 :eenth herein de- 
 thousand s(|uare 
 »n of land ; one- 
 :in described por- 
 an acre for the 
 I ; one-seventh of 
 herein described - 
 3f an acre for the 
 I ; one-seventh of 
 rtion of land ; and 
 iin described por- 
 mcession from the 
 irince. » 
 
 e of Upper Can- 
 ieorge Arthur, K: 
 ince, and Major- 
 ronto this twenty- 
 Dne thousand eight > 
 r reign. 
 
 PUCKER, 
 Secretary. 
 
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