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The shall TINl whU Map diffe entii begi righi requ met( 26X 30X 12X 16X 20X 24X 28X 32X The copy filmed here has beeit reproduced thanks to the genek-osity of: Douglas Library Queen's University L'exemplaire f llmA f ut reprodult grAce A la gAn would naturally seek an inlet to the interior section of the Western peninsula of the Province, in which Brantford occupies a central position, it was, on the same occasion resolved, that they should be solici- ted to unite with us. A Delegation was accordingly appointed for this purpose. Having submitted our plans to the chief capitalists of Buffalo these gentle- men at once assured us of their favourable opinion of the undertaking and their readiness to engage in it upon being satisfied that in the opinion of eminent counsel within the Province the acts in question were in all respects sufficient to warrant the formation of the Company, and that their interests as Stock- holders (they being non-residents) would be adequately protected. All doubt upon these points having been removed by the subjoined opinions of the Honourable Messrs. Boulton and Cameron, immediate steps were taken to get the Stock taken up. The Town and Township of Brantford, the Townships of Sherbrooke, Moultca, Canboro', Wainfleet, and Bertie became subscribers in their corporate capacity under By-laws passed at the re(juest of the rate-payers of these several Municipalities, for the sums mentioned in the sub- joined summary. The remainder of the stock has been taken up by residents of Brantford, Buffalo and other places along the line of road. Six per cbiU, amounting to the sum of £9000 (of which £2850 isS in debentures of the corporations that have taken stock,) has been paid to the Company's Treasurer. The Instrument of Association duly subscribed by all the original Shareholders including the heads of the^ several Municipalities above mentioned, with their corporate seals affixed, has, together with the Treasurer's receipt for the sum of £9000, been filed with the County Registrar. The Directors and Officers of the Company have been appointed — books procured — forms of municipal debentures printed ; the sui*vevs, comprising three lines over a considerable 4 j#;-.---r^-"-* It w portion of the route, have been completed, with esti- inates and working plans ready for contract ; and the right of way has been acquired over the chief portion of the line. • Although this project has been entered upon in good faith and in the confident expectation that the Company's resources are fully adequate to its accom- plishment, it is not, I regret to gay, without having some opponents. True it is that our line will afford a more direct and easier route between the two main points, (Buffalo and Detroit,) by avoiding the descent of 45 feet to the mile, from Copetown to the City of Hamilton, and the detour byway of Burlington Bay; in order to reach the frontier by the Branch Line to the Suspension Bridge ; but the main interests and business of these two roads when properly estimated will be found to be distinct, as a short experience, when once they are in operation, cannot fail to esta^ blish. The termini of the Branch Line from Bur- lington Bay to the Suspension Bridge and of the Brantford and Buffalo Road, are upwards of 25 miles apart : their lines will run, throughout the chief portion of their route, at a distance of from 30 to 40 miles from each other : the Southern terminus of the former will be opposite that of the Rochester and Nia- garaFalls Road, in connection with the Northern Route to Albany and New York : that of the latter, will con- nect with the Buffalo and Hornelsville line, and thence along the New York and Erie Railroad, open to travellers the Southern Route to New York. It is certain also that residents along the. line of each of these roads can in no degree be benefitted or preju- diced by the construction of the other ; nor can either road divert away travel from the other. I Such being the characteristics that distinguish the Branch Roads above indicated, by which each may prosper independently of the other, and both contri- bute to the business and receipts of the main trunk line, I venture to claim for the Brantford and Buffalo line, the peculiar advantage of drawing a class of trairel to pass through Canada that would otherwise find some other channel to the Western States. It is well known that notwithstanding the existence of three lines of Railroad, to Buffalo, a considerable passen- ger traffic is still kept up by means of Packet Boats on the Erie Canal. A large number of these passen- gers, wearied with the delays incident to this mode of travel, can easily be diverted from incurring the perils of a Lake voyage, by being at once ferried over ^)y steamer from the wharf at which they land, to take the direct route by Railroad from immediately oppo- site Buffalo to Detroit. With increased confidence may we count upon the ready preference which thwi- sands of persons travelling westward by Railroad will give to a route by which they will at once be sent onwards in a direct line to their destination. We may then fairly claim for this route that it will neces- sarily compete on the most advantageous footing with the Lake Erie steamers and the line of Railway along the south shore of that lake, and divert hither a large amount of travel that would not otherwise be brought ,1^ pass through Canada. -'.hUno'} In Railway experience previous estimates of Ihe amount of travel over well chosen lines have commoaaly fallen far short of practical results ; because^! in estimating travel over a section of country, -lor between distant points, yet new to Railroad improve- ments, the actual, rather than the prospective, is assumed as the basis of our calculations. The desire by which all are animated to resort to localities to which new facilities of travel are opened ; the inter- change which new connections and transactions aifis- ingfrom such visits necessarily occasions ; the stimulus imparted to agriculture, commerce, manufactures and every other industrial pursuit by new markets being Opened, increased demand created for every descrip- tion of produce and commodity, with better prices and more speedy returns, are comvionly underated as -a-: *^rU >♦» --f^-* 'f-/ It is submitted that the foregoing statement and observations establish the following points : ? 1st.— -That the Brantford and Buff'alo Railroad Company has been duly formed and organized under - the provision of the Statute of this Province, 13 and i 14 Vic, chap. 72. T; 2nd. — That they have already incurred a consid- erable expenditure, and contracted liabilities in the Bt>employment of agents, engineers, &c., and in acquir- J-ung the right of way. 3rd. — That the Municipal Corporations that have become Shareholders, have passed By-laws imposing rates upon all assessable property within their locali- ties, for the payment of the stock they have severally taken, which By-laws they are prohibited from repealing. ,,, 4th. — That the line of road which opens a section- of country peculiarly adapted to Railway enterprise, and can be constructed at less expense than any other route in Canada, interferes with no existing or con- templated Railway. 5th. — That it will divert hither from the route by Lake Erie and the South Shore Railway, a large amount of travel that would not otherwise pass through Canada. .>u 6th. — Tliat it will largely contribute to the busi*«i| ness and receipts of the Main Trunk Line. T Soliciting your attention to the subjoined opinions and statement of the Company's organization, ^ , J remain, Sir, r ' >\n^ Respectfully, your ob't Servant, ■'' ■4\ j',ai ' ARCH'D GILKISON. ;dl -s^r'.tn/. ii) In the matter of the projected Railroad from Fort Erie to Brantford : ^'hA'* I have perused the several questions submitted to me by Mr. Gilkison, for my consideration, and am of opinion that the Act of last Session (13 and 14 Victoria, chap. 72) extending the provisions of the Plank Road Act of the previous Session (12th Vic- toria, chap. 84) to Railroads, authorises parties to form Joint Stock Companies in Upper Canada for the construction of Railroads, in the same manner as Plank Road Companies may be formed. It is true that at first sight, and by the terms of the Pre- amble, it would seem to have been the intention of the framers of the first mentioned Act to extend the Plank Road Act to Companies formed in the United Kingdom ; but the first enacting clause is general in Its terms, and does not, in my opinion, so limit its provisions. It is in these words : — " That the several powers and privileges in the said (therein) recited Act mentioned, as far as the same may be applicable, shall extend and be considered to apply to all roads made of charcoal, and to to all Kail- roads or Tram roads, whether the same shall be constructed of iron, wood, or stone, or partly of any of the said materials ; and also to all Compa- nies formed or to be formed in Great Britain or Ireland, whether chartered, registered, or other- wise legally constituted/' It will be observed that the provisions of the clause embrace three distinct, objects, the last of which alone is referred to in the preamble. The first; Roads made of Charcoal. Ihis will enable any Joint Stock Companies to con^ struct roads of charcoal, instead of plank, cfcc The second ; all Railroads, &c. The third ; all Companies formed or to be formed in Great Britain or Ireland, being the subject particularly set forth in the preamble. The encouragement to invest British capital for these objects, probably suggested the idea of extending the provisions of the Road Act to Rail- roads ; but when extending its provisions to this object, the Legislature very wisely did not stop there but extended its provisions generally. Building Rail- roads was the main object, and it could not be of any consequence where the capital came from. The encouragement to British capital was incidental. 1 herelore I am of opinion, upon the plain interpreta- tion of the Act, giving due meaning to all the terms used, that Joint Stock Companies may be formed to build Kailroads in any part of Upper Canada, accord^ mg to the provisions of the Act, 12 Yic, c. 84. ^'- '' '' -J^ i'c i'. -;j .'. it ^^ , ^ H. J. BOULTON. Church Street, ) Toronto, 19th Feb., 1851. ( 8 I fully concur in the foregoing opinion. The Act in question was introduced into and carried through the Assembly by myself, and was intended to embrace the objects stated in Mr. Boulton's opinion, and in my view it does so entirely. J. HILLYARD CAMERON. Wellington Chambers, ) 18th j?'eb., 1861. J THE Snint ^tntk Eailrniih Cnrnpuiiti. Registered and Incorporated under the authority of the Acta of the Parliament of Canada, ISth Viot., chap. 84, and ISth and 14th Viot., chap, 72. PRESIDENT. JAMES WADSWORTH, Esq., Mayor of the City of Buffalo. DIRECTORS. AARON P. PATCHIN, Esq., Banker, Buffalo, ARNUAH HUNTINGTON, Esq., Brantford, IGNATIUS COCKSHUTT, Esq., Br.mtford, ALEXANDER DOUGLAS, Esq., Reeve, Township of Bertie, Fort Erie, WILLIAM WALLACE, C. E., Buffalo, Chief Engineer, JAMES CHRISTIE, Esq., (Agent Bank B. N. A., J Brantford, Treasurer ARCHIBALD GILKISON, Brantford, Secretary. BACKERS. BANK OF BRITISH NORTH AMERICA. Capital Stock— £150,000 • divided into 30,000 Shares, of £5 each, (Six per cent. pai»: up.) SUMMARY OF THE DISTRIBUTION OF STOCK. The Town Council of the Town of Brantford £ 25,000 The MunicipaUty of the Township of Brantford 12,500 Do. Township of Bertie 10,000 Do. United Town8hij)8 of Sherbrooke & Moulton. 5,000 Do. Township of Canboro' 2,000 Held by Citizens of Buffalo 50,500 Do. by Residents of the Town and neighbourhood of Brant- ford, Dunuville, Fort Erie, and along the line of Road. . 45,000 £150,000 HUGH 8C0BIE, PRINTER, 16, KINO STREET EAST, TORONTO. Kl«r ^ Jo A iff ' ' . Ji'jf^-' 000 OO. OOi' . 00' Oil, J . nV