IMAGE EVALUATION TEST TARGET (MT-3) b^' €^A a''"^ .( meaning "CON- TINUED "), or the symbol V (meaning "END"), whichever applies. Un das symboles suivants apparaitra sur la dernidre image de cheque microfiche, selcn le cas: le symbols -^^ signifie "A SUIVRE", le symbole V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as rc/quired. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent 6tre f:lm6s d des taux de reduction diff6rents. Lorsque le document est trop giand pour dtre reproduit en un seul clichd, il est film6 d partir de I'angle supirieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants illustrent la m6thode. 1 2 3 1 2 3 4 5 6 THE OT ACTS OF INCORPORATION AND BY-H.A.'VT'S OF The Ottawa City Passenger Railway Company, The Ottawa Electric Street Railway Company AND The Ottawa Electric Railway Company. Printed for THE OTTAWA ELECTRIC RAILWAY CO. 1895. Tr96?.0? litTDEX: A. Act to connriii agieement lietwet- n City of Ottawa, the Ottawa City Passenger Railway Co., and The Ottawa Eleciric Street Railway Co. (Dominion) ... Act to confirm agreement between City of Ottawa, the Ottawa City Passenger Railway Co., and The Ottawa Electric Street Railway Co. (Ontario) Act to incorporate the Ottawa City Passenger Railway Co. Agreement between Corporation, City of Ottawa and Ahearn & Hoper, 1890 Agreement between the Ottawa City Passenger Railway Co. and The Ottawa Electric Street Railway Co Agreement between the City of Ottawa, the Ottawa City Passenger Railway Co , and The Ottawa El-jctric Street Railway Co. - Anialganinlion .... .... Agreement between The Otlavva Electric Railway Co. and the City of Ottawa— New lines and change of rentes '. Agreement between The Ottawa Electric Railway Co. and the City of Ottawa— Changing routes Agreement between Village of Hintonburgh and The Ottawa Electric Railway Co. .. . ... .... Agreement between Village of Hintonburgh and The Ottawa Electric Railway Co.— Supplementary Ahearn c;; Soper, agreement with City of Ottawa, IbOO Amendment to Act of Incorporation, Ottawa City Passenger Railway Co., 1868 .... ... Amendment to Act of Incorporation, Ottawa City Passenger Railway Co., 1693 .. ^ PAUE 54 8 57 6.i 81 87 8!) 100 52 7 10 B. By-Laws of the Ottawa City Passenger Railway Co 3i By-Laws of The Ottawa Electric Railway Co 12 1 & 127 By-Law No. 1527 of the City of Ottawa re right of way for cars, etc 79 By-Law No. 1550 of tlie City of Ottawa, new lines and change of routes f< By-Law No. 41, Village of Hintonburgh 89 By-Law No. 48, Village of Hintonburgh loo Clauses of "The Campanies Act." Clauses of "The Companies Act* ai amended no 111 37749 Clauses of "The Companies Clauses Act." 118 Clauses of "The Railway Act." 10« Clauses of "The Railway Act" applicable to the Ottawa City Pass'.n- ger Railway Co 14 Contract between City of Ottawa and The Ottawa Electric Street Railway Co 42 I. Index to agreement between City of Ottawa, The Ottawa City Pas- senger Railway Co., and The Ottawa Electric Street Railway Co. 78 Letters Patent, Ottawa Electric Street Railway Co. ... ... 87 O. Ottawa City Passenger Railway Co., Act of Incorporation. . . 3 Ottawa City Passenger Railway Co., Amendment to Act of Incorpor- ation, 1868 7 Ottawa City Passenger Railway Co. , A mendment to Act of Incorpor- ation, 1893. 10 Ottawa City Passenger Railway Co., By-Laws 81 Ottawa Electric Street Railway Co. , Letters Patent . . 87 Ottawa Electric Street Railway Co, Contract with City of Ottawa 42 "Railway Act." Clauses applicable to the Ottawa City Passenger Railway Co . . 14 Right of way for cars, etc. . ... 79 I- Schedule of agreement between City of Ottawa, the Ottawa Ciiy Passenger Railway Co., and The Ottawa Electric Street Railway Co ' Schedule, Village of Hintonburgh Agreement 76 97 .ANNO VIGESIMO-NONO.TREQESTMO VICTORIA REOINJE. CAP. XVI. An Act to Incorporate tlit "Ottawa City Pas.-enger Railway Company." [Assented to \hth August, 1866.] WHEREAS certain persons have by their petition prayed Pr^iuWc. that tliey may be incorporated under the title of the Cttawa City Passenater Railway Company, lor the purpose of constructing and operatinjjj street railways in the City of Ottawa and the Municipalities adjoining; and whereas it is expedient to grant the prayer of the 'Petitioners : Therefore, Her Majesty, by and with tiie advice and onsent of the Leirislative Council and Assembly of Canada, enacts as follows : 1. Joseph Auniond, Joseph M. Currier, William Mc- '°"=°^"'""""- Naughton, Henry Starnes, Henry Hogan, Edward McGillivray, William G. Perley, John Pratt, Joshua Smith, J, M T. Hannum, and such other persons as now are or shall hereafter become share- holders of the said Company, are hereby constituted a bouy cor- porate and politic, under the name of the " Ottawa City Paaoen- corporate name, ger Railway Company." # 2. The capital stock of the Company shall be one hundred^*'*'**'- thousand dollars, in shares of twenty dollars each. 3. Tiie Company may commence operations and exercise the ^n^^mTeHon* powers hereby granted, so soon as thirty thonsand dollars ot the of the work, capital stock shall be subscribed and twenty per cent, thereon paid up ; but the said Company shall commence the construction of the said Railway, within one year from the passing of this Act, and that portion thereof lying within the city limits shall be completed within two years from the passing of this Act. 4. The Company arc hereby authorized and empowered to Line of the com- construct, maintain, complete, and from time to time remove and '""'^'*'**''"*^' change, a double or single iron railway with the necessary side tracks, switches and turnouts for the passage of cars, carriages and other vehicles adapted to the same, upon and along the fol- lowing streets in the said City of Ottawa and the Municipalities :j I with CIIIIHI^Ilt of niuiiivijhilitluH, adjoinitifr, viz. :— From tho eiiHt end (»f Ottawa street In Now KuirfbnrgJi, thence along Oltuwa Htroet to the n)ad load inoin- pniiy, ii!id wliiill severally hold their otHces till the tirB) Tuesday of September next after the Coiiipaii}' goes into operation. 8. The Directors of the Company HJiall have power and ''"*<"■" "f ""«•"' authority to make, amend and appeal and re-enact ail sich hy-la\v8, rules, repolntions and refjjulations as shall appear (o taem proper and necessary, touching the well-ordering of the Company, tho numher of directors, tlio acquirement, management and disposi- tion of its stock, propeity and elTects, and of its affairs and busi- ness, the entering into arrangements and contracts \i'ith tho said Ciry or adjoining Municipalities, the dec'aration and payment of dividends out of the pruhts of the eaid Ct)mpany, the fonn and ist-uing of stock certificates, the calling of special and general meetings of the Ctim|»any. the appointment, removal and remun- eration of all officers, agents, clerks, workmen, and servants of the Company, the fares to be received for passeia^ers and freight transforted over the railway, or any part thereot. the intervals of time in running each oar, the time within which, on each day, the cars shall be run, the speed of running tho same, and in general to do all that may b ecessary to carry out the objects, and exer- cise the powers inciuent to the Company. 9. The said Company, in the constructioji of the said railway Not U)«tter track, shall conform to tlie gradis of the various streets through '^ which the said tracks shall run, and shall not in any way change or alter the sair.o. lior- 10. The stock of the Company shall be deemed personal cs- s*'*'', *«''« 1 1 11 1 /• 1 1 ■ 1 1 • !• 1 11 soiiality, Ac. tate, and shall be transferable in such way as the directors shall by by-law direct. 11. The Company uiay purchase, lease, hold, acquire and R«a» E»<»te, &c. transfer all real and personal estate necessary for carrying on the operations of tlie Company. 12. If the election of directors bo not made on the day ap- '''>;'|'r<' »' ?'ec- pointed by th''' Act, the Company shall not for that reason be nguinst.'"™^' dissolved, but the stockholders muv hold the election on any other da", in the manner proviaed for i y any by-law passed for that purpose ; and all the acts of directors, until their successors shall be elected, shall be valid and binding on the Company. 13. The directors of the Company may, from time to time, I'l'^i*"'^ ™"y raise or borrow for the purposes of the Company,any sum or sums not exceeding ths whole seventy-five thousand dollars, by the is- sue of bonds or debentures, in sums of not less than one hundred dollars, on such terms as they may think proper, and may pledge or mortgage all the property and the tolls and income of the property, or any part thereof, for the repayment of the money so raised or borrowed, and tho payment of interest thereon ; pro- vided always that the consent of three-fourths iu value of theprovuo, f 'i I BhMjkholdors ()f the (Company filinll ho first had and (.htnined at a Proviiio BiR-eial mooting to ho calloil iiiid hold for tliat piirixmo; pruvidod also tliat tlio said (JoiDpany i=hall not Ito authorized at any time to honow a Biiiii oxceeditig tho anionrit of iho capital stock then, paid up. .V'-'"'«"n-i- . .^■^w'^''"' *"'"'' ^''^y "*' ^^""^'^ '•"^' tho a.ljoininjr Mnnloipali- formui'tt "JIJ!:"''*'* '". ^'PP^'" ^^"'"kI" 'TO rcHpooti vuly autliori/od to make and to jIoHoi.' "^'"^ «ntor into any aijrtoino.itB or covoniitite witli the said Company rolatinj- to tlio macadamizing, repairing and grading the si roots and iiighways, and tho (ionstruction, opening and repairing of drains or sowers, and the laying of gas and water pipes, in^ tho streets and highways to bo tr'avoisid hy tho&aid railway, tho non- ol)structing or impeding of the ordinary tratHc, and alfo to tlio construction and equipment of tho said railway, along and upon any other streets and along any other routes than tho one herein described. Hy-inws u. «.rry 15, Tlio Said City juid tlio Said Municipalities aro hereby the same, for the purpose of carrying into effect any such agreo- monts or covenants, and containing all necessary cluubos, provi- sions, rules and regulations for tiie conduct of all parties concerned, relating thereto, and for the enjoining obedience thereto, and for tlie nicilirating the running of the Company's cars, and for regu- lating the tratHc and conduct of all persons travelling upon the streets and highways through which the said railway mav pass. Public Act J 6.— This Act shall be deemed a Public Act. LEGISLATURE OP OFTARIO- 31 VIC, CAP. 41.: An Act to amend the Act entitled "An Act to incorporate tlie Ottawa City Passenger Railway Company." [Assenfedfoith March, 186S.] WHEREAS, tlie Ottawa City Passenjjer Railway Company I'nami.k-. have, by their petition, represented that, from circum- stances beyond their control, they may nit be able to complete that portion of the said Railway lying within the limits of the City of Ottawa within the time limited by the Act incorporating the said Company ; and the Company have prayed that the time i,,.titi„„,„rex. for the completion of tlie road may l)e citended, and also that '«""'"■' i;f ""' certain amendments may be made to the iVct incorporating the tilmamilimciui- Company ; and whereas, it is expedient to j^rant the prayer of tlie "'""'' "'■**"'• petitioners: Therefore, Her Majesty, by and with the advice and consent of the Lejjisiative Assembly of Ontario, enacts as follows : 1. The powers conferred by the Act incorporating the Ot- rower to eon. tawa City Passenger Railway Company shidl include the right of lines Tmmea.'"' the said Company to construct any railway, nide-tracks or switches 80 as to connect the said railway with the line of railway of the St. Lawrence and Ottawa Railway Company, and to enable an interchange of cars, carriages and vehiclei», as hereinafter men- tioned, upon the consent thereto of the last mentioned Company, and at such place or places upon the lino of either of the said Companies, and in such manner as may be arranged between the said Companies ; and the said Ottawa City Passenger Railway Company may enter info any arrangements with the St. Lawrence and Ottawa Railway Company from time to time for the inter- change, transport and carriage of all cars, carriages and vehicles, passengers, fieight and traffic, of either one of the said Compa- nies, upon the line of railway of the otiier of them ; and for tiie regnlati^n and interchange of traffic passing to and from the rail- ways of the said Companies, and for the working of the traffic over the said railways respectively, or for any or either of those objects separately, and for the division and apportionment of Ai-portionment tolls, rates and charges, in respect of such traffic, and generally in " ° "' relation to the management and working of the railways, or eitiier r 8 of them, or any part thereot in connection therewith, for any Proviso. term not exceeding twenty one years; Provided that nothing herein contained shall authorize the use upon the Ottawa City ' Passenger Railway of any power other than the power and force of animals. Rates of Tells thereof. oTt^'B^fi^* to ^' '^'^^ Ottawa City Passenger Railway Company may haul, u8ecars,*(\,notrnn, usc or employ upon their line of railway, any cars, carriages their proi-crty. ^j. y^jjigigj, pQt being the property of the said Company, and may enter into arrangements with r.nv companies, person or persons, owning or holding the same for the rates or tolls to be paid for the running of the same, or on the freight or traffic therein con- tained, and in respect to the rules to be observed by such compa- By-iaw8 relating nies, Or pcrsou or pcrsous owning or holding the same, and may make by-laws necessary tor the carryinaj of such arrangement into efiEect, und the enforcing of such regulations ; Provided al- ways that no car of any description shall be run between midnight of Saturday and midnight of Sunday, and that unless and until permicsion hts been given by resolution of the City Council no freight car shall be run over the tracks of the Company between the nours of seven o'clock in the forenoon and nine o'clock in the afternoon . ti'drofcity iteiu ^- '^^'^ pcrionncil : but with such consent the 11 Company may, upon such terms as the Governor-in-Conncil pre- Terms, scribes, nsc and occupy so inucli of tlie Union Bridge, and of the approaclies thereto as may be necessary for the railway of the Company. 2. Section ninety-two of The Railway Act shall apply to chapter 29 of the Company; and the powers of expropriation (if any) of the'*^- Company shall be exercised eubject to the provisions of T/ie Hallway Act. 3. The Company m'^y take, transport and carr) passengers """«'■"' I'oweis. upon all the lines of railway owned, constructed or leased by it, and may operate the said railway by the force and power of elec- tricity, or of the atmosphere, or of animal, or of cable, or by me- chanical power, or by any combination of them, but not by steam. 2. As regards so much of its line of railway as is or as may Aiiprovai of mii- be withm the city of Ottawa, and other municipalities in Ontario, the Company shall exercise any new or additional powers con- ferred by this Act, as to the locution, construction and operation of the railway, only upon such street^i, and on such terms and conditions, and for such periods as the councils of the said city and of the said municipalities respectively approve. 4. The capital stock of the Company may, subject to the capital stouk. provisions contained in section tiiirty-seven of The Railway Act, be increased to the sum of five hundred thousand dollars, divided into shares of twenty dollars each. 5. The Company may borrow money and make and issue company m«y therefor bonds, debentures, promissory notes or other securities, ^Jjy'.'*^"j"^y^ to the extent of five hundred thousand dollars, and the said tures. bonds, debentures, promissory notes or other sucurities shall be made, issued and secured in tlie manner and to the extent pro- vided by sections ninety-ttiree to ninety-eight inclusive of 7'/i^ J!")",* "' " J,';? ,,.,■'. 1 1 "^ . 1 • • *' 1 • i • 1 Knilwiiy Act 'to Hallway Act, and the said sections ninety-throe to ninety-eight apply, shall form part of this Act. 6. E.xcept as in this act is otherwise provided, the Act JJf""^,t*'',,"oy'J^^ of incorporation of the Company, being chapter sixteen "ftJamviii. and of the Statutes of 18()(j of the late Province of Canada, and latilre! "^^^ the Act of the Legislature of Ontario amending the same, being chapter forty- five of the Statutes of 1808, and the powers there- by conferred, shall apply to every portion of the lines of the railway by this Act autliorized to be constructed, and the nnder- taking of thj Company is hereby declared to be a work for the o^g,„„tory. general advantage of Canada ; but the operation of so much of tlie Company's line of railway as may be within tie Province 0^ operation of Ontario by any new or additional powers conferred by this Act, ™!I*d {.y^provia- . The expression '' the Company " shall mean the Company or party authorized by the Special Act to construct the railway ; •' The Railway." 17. The cxprcssion '' tlic Railway " shall niean the railway and works by the Special Act authorized to be constructed ; "Clause." 18 The word " clause " shall mean any separate section of this Act, or any other Act therein referred to, distinguished by j^ separate nuipber | " The Com- pany," 17 10. The word " Shiircliolilcr" shall mean overy snlwcribor to-mmrohoMuK ut- liolder of stock in tliu tiii(lortiikii)<;, iiiid siiall extend tu and inelnde the personal representativoB of the Sliareholder. 14, 15 V. c. 51, 8. 7. 3. INcoltPOKA'rlo^f. 8. Every Company established under any Special Act shall coinimnii'i.)!.- be a l)ody corporate under the name declared in the Speciial Act, s[!,f,l|',Il"At" vie. and shall be invested with all the powers, privilejjres and immuni-;"'"r^'"<'J«' ties necessary to carry into criect tlie intentions and objects ot«to,&o. this Act and of the Special Act therefor, and which are incident to such Corporation, as are expressed or included in " the Inter- pretation Act." U, 15 V. c. 51, 8. 8. 4. POWKKS. , 9. The Company shall have power and authority : Powers : Firstly. To receive, hold and take all voluntary grants and ^^JJuJ^^onau^ doiiiitions of land or other property made to it, to aid in the con-*o. struction, maintenance and accommodation of the railway, but the same shall be held and used for the purpose of such grants or donations only. 14, 15 V. c. 51, 8, 9. Secondly. To purchase, hold and take of any Corporation purcimBe land, or person any land or other property necessary for the construc- tion, maintenance, accommodation and use of the Railway, and also to alienate, sell or dispose of the same ; Thirdly. No Railws|)hero, or of animals, or by mechanical power, or by any cond>ination of them ; Seventhly. To erect and maintain all m cessary and conven- ient buildings, stations, depots, wharves and fixtures, and from time to time to alter, repair or enlarge the same, and to purchase and acquire stationary or locomotive engines and carriages, waggons, lloats and other machinery iind contrivances necessary f\)r the accommodation and use of the passcngei's, freights and business of the railway ; Bwiicii riiawBjf. Eighthly. To make branch railways, if I'cquired and pro- vided by the Special Act, and to manage the same, and for that purpose to exercise all the powers, privileges and authorities necessary thoi-efoi", in as full and ample a mannor as for the rail- way ; AUotiic niattois Ninthlii. To construct, erect and make all otlicr matters and tilings nccca- , i . i • c i i • ,. nary for railway and tilings ncccssary and convenient tor the making, extending and using of the Railway, in pursuance of and according to the meaning and intent of this Act, and of the Special Act ; Convey persons and gooUH on railways Tenthly. To take, transport, carry and convey persons and goods on the Railway, to regulate the time and manner in which the same shall be transported, and the tolls and compensation to be paid therefor, and to receive such tolls and '.'jmpensation. Borrow money, Eleventhly. To borrow from time to time, either in this Province or elsewhere, such sums of money us may be expedient for completing, maintaining and working the Railway, and at a rate of interest not exceeding eight per cent, per annum, and to make the Bonds, Debentures or other securities granted for the sums so borrowed, payable either in currency or in sterling,and at such place or places within this Province or without as may bo deemed advisable, and to sell the same at such prices or discount as may be deemed expedient, or be necessary, and to hypothecate, mortgage or pledge the lands, tolls, reverincs and other property of the Company for the due payment of the said sums and the interest thereon, but no such debenture shall be for a less sum than one hundred dollars : Enter upon Her Majesty's lands, . &c. jesty Twelfthly. To enter into and upon any lands of Her Ma- without previous license therefoi', or into and upon the 19 lands of any Corporalioii (»r pi-reoii whiitsoevor, lyiiij^ in tlio in- tondod route or line /f the Railway, and to Bet out and ascertain such parts of the lands as are necessary and proj)er for the Railway ; Fouiteent/djf. To fell or retnovo atiy tree etandinj; in any "•"""^o '""•• woods, lands or forests, whore the Railway passes, t»> the distance of six rods from either side thereof ; Fiftcenthly. To cross, intersect, join and unite the Railway uniitowai. other with any other Railway at any point on its route, and upon the lands of such other Railway, with the necessary conveniences for the purposes of buch connection ; and the owners of both Rail- ways may unite in forming such intersection, and grant the facili- ties therefor ; and in case of disagreement upon the amount of compensation to be made therefor, or upon the point or manner of such crossing and connection, the same shall be determined by Arbitrators to bo appointed by a Judge of one of the Superior Courts in Lower Canada or Upper Canada, as the case may be ; 14, 15 V. c. 51, 8. 9, No, 15, See 22 V. c, 4, s. 2. 1^1 10. Genkral Mektings. 30. T!»c S'luroholders may assemble together at general ''"'»"|''°';'''" meetings tor pi. po.-es connected witli or l)elonging to the under- r^ii mwiings. taking, and at any aimual general meeting, and may elect Direc- tors in the manner provided by the next succeeding clause. 14, 15, V. c. 51, 8. 15, 11. President and Directors — Tueir Election and Duties. 31. A Board of Directors of the undertaking to manage its Bonfi"' d'«c- aflairs, the number whereof shall he stated in the Special Act, "™' shall be chosen annmdly by a majority of the Shareholders voting at such election at a general meeting, the time and place for which shall be appointed by the Special /^ct, and if such election is not held on the day so appoijited, the Directors shall notify and cause such election to be held within thirty days after the day appointed. 14, 15 Y. c. 51, s, 16. 32. On the day so notitied, no person shall bo admitted to Who onHtieii to vote except those who would have been entitled to vote had the^"^"' election been held on the day when it ought to have been held. 14, 15 V. c. 51, s. 16. 33. Vacancies in the Board of Directors shall bo filled in the J^''™",[,',«^^ Jj"* ma»^ner prescribed by the By-laws. 14, 15 V. c. 91, s. 16. '' ^^' I \ ■I 20 Who muiiiiMi 84. No person bIiiiII ho )i Director uiiIcbb ho 18 ii Sfock- "' '"' holdur, owning stock alwoltitcly in his own ii,s?lit, atxl (iiiiiliticd to voto for DircctorH at tiic election at wliicli lie is clioscn. 14, 15 V. c. 61, 8. 10. ''m"'*«"i "'** 86. The method of callinpj leneral meetings, and tin- time Ac.""""""' and place of tlio first incctinfj; of Stockholders for the appoint- ment of Directors, shall be determined and settled in the Special Act. vot««toiM)in 3Q. The number of votes to which each Shareholder shall Himnii. bo entitled on every occasion wlien tlio votes of the meinlK is are to bo given, shall be in the proportion to the number of shares held by him, unless otherwise provided by the Special Act. fn'fT^voUj'i.y ®'" All Sharcliolders, whether resident in this Province or proxy. olscwhore, may vote by proxy, if they see fit ; Provided that such proxy produce, from his constituent, an appointment in writing, in the words or to the effect following, that is to say : I, , of , ono of the Sharoholders of the , do hereby appoint , of , to be my proxy, and in my absence to vote or give my assent to any business, matter or thing relating to the said undertaking, that may be mentioned or proposed at any meeting of the Share- holders of the said Company, or any of them, in such innnncr as he, tile said tninks proper. In witness whereof, I liavo hereunto sot my hand and seal, tiio day of , in the year Kvayr"^ 38. The votes by proxy shall bo as valid as if the principals had voted in person ; and every matter -or thing proposed or con- sidered in any iiublic meeting of the Sliareholders shall bo deter- mined by the majority of votes and proxies then present and given, and all decisions and acts of any such majority shall bind the Company, and be deemed the decisions and acts of the Com- pany. Termnfoiiico of 39, The Directors first appointed, or those appointed in their stoad, in case of vacancy, shall remain in office until the next annual election of Directors at the time appointed tluirefor, at which time an annual general meeting of the Sliarehdlders shall be hold to choose Directors for the ensuing year, aiu' orally to transact the business of the Company. gen- Vacancies liow 8Upplil'll. PresUleut. 40. In case of the death, absence or resignation of any of the Directors, others may be appointed in their stead by the sur- viving Dirctors ; but if such appointment be not made, such death, absence or resignation shall not invalidate the acts of tho remaining Directors. 14, 15 V. c. 51, s. 1(5, 41- The Directors shall, at tlieir first or at some other meet- inf(, after tlio diiy iippointod for tlm aiinniil Konoriil incotiiij?, elect om> of tlicir iiiiiiil)(!i- to l)o tlio I'refldeiit of the Company, who hIiuII iilwayw, wliuii pruseiit, l)o the Cliairinnn of and preside at all Mieotiiigs ()f the l*::-c"torH, and shall hold his oHieo nntil he coases to he a Director, or until another President lias heon elected in his stead ; and they may in like manner elect a Vice-President, vire-Pn.«i«ient. who shall act as Chairman in the absence of tlie President. 42. The Directors at any meeting at which not less than aQ""""". (jnornm, to ho settled by the Special Act, are present, shall he competent to use and cxcroisu all and any of the powers vested in the Diroctors. 43. The act of a majority of a quorum of the Directors A.iH'.r majority present at any meeting regularly hold, shall ho deemed the act of wImIi"'. the Directors. Jhid., s. 16, No. 7. 44. No Director shall have more thanono vote ht any moot- *'""""" ^"'"' ing except the Chairman, who shall, in case of a division of ocjual numbers, have the casting vote. 45. The Directors shall bo subject to the examination '"^''d J|'[^"j';^^'"'f?'''' control of the Shareholders at thoir annual meetings, and ho sub-siniriiiuUivrH' ject to all Hy-laws of the Company, and to the orders and direc "'"' •'>'»*''• tions from time to time made at the animal or at any special meetings, such orders and directions not being contrary to any expr< H directions or provisions of this Act or the Special Act. 46. No person holding any otttce, place or employmisnt in f""''«""fcnn>- or being concerned or interested in any contracts under or with uimt^rH. the (Company, shall be capable of being chosen a Director, or of holding the otKce of Director, "nor shall any person being a Dir- ector of the Company enter into, or bo directly or indirectly, for his own use and benefit, interested in any contract with the Com- |)any, not reliiting to the purchase of land necessary for the Kail- way, or be or become a partner of any contractor with tlio Com- pany ; and no contrgcts for works of construction or maintenance of Railways, except works of ordinary repair, or of immediate necessity, shall be entered into until after tenders for such works respectively have been invited by public notice therofor,given for at least four weeks in some newspaper published in the place nearest to the work required to be done ; but no Company shall 1)0 coi.ipelled to accept of any such tender ; and in the event of any such contract made since the thirtieth of June, one thousand ^ eight hundred and fifty eight, or made after this Act takes effect, by or on behalf of any Director, an action shall Ho in any Court of Common Law, or other Court of competent jurisdiction, against such Director, at the suit of any Shareholder or Stock- holder of the Company, for the benefit of the funds thereof, for the whole amount of profit accruing to such Director from the Contract so made or fulfilled." 14, 15 V. c. 51, s. 16, No. 8.-22 V. c. 4, 8. 1. 22 nmi'^nfent. of ^^ • The Directors shall iiuikc By-laws for the raanageir.cnt stock, to, and d'sposition of the Btock, property, business and affairs of the Company, not inconsistent with the laws of this Province, and for the appointment of all ofHcers, servants and artiUcers, and pres- cribing their respective duties. Ibid., s. 16, No. 9. 12. Calls, Calls- 48. The Directors inay from time to time make such calls of money upon the respective Shareholders, in respect of the amount of Capital respectively subscribed or owing by them, as they deeii) necessary, and thirty days' notice at the least shall be . given of each call, and no call shall exceed the prescribed amount determined in the Special Act, or be made at a less interval than two n'onths from the previous call, nor shall a greater amount be called in, in any one year, than the amount prescribed in the Special Act. Ibid., No. 10. ?.«* towVub™*' '*9 . All notices of Meetings or of calls upon the Share- lisiied. holders of the Company shall oe published weekly in the Canada Gazette, and tlie said Gazette shall, on production thereof, be con- clusive ovidence of the sufficiency of such notices. Ibid., No. 24. hZ'to' b.Mimal'! 50 . Every Shareholder shall be liable to pay the amount of the call so made in respect of the ^shares held by him to the per- sons and at the times and places from time to time appointed by the Company or the Directors. 51. If before or on the day appointed for payment, any Shareholder does not pay the amount of the call, he shall be liable to pay interest for the same, at the rate of six per cent, per an num, from the dayappoiiUed for the payment thereof to the tiin( of the actual payment. Interest to bo clip.rgcitlilo on unpnid calls. ne Ainonntofcaii 52. If at the time appointed for the payment of any call, ififty 1.0 rcc'ON CF" Qy I 111 i**i 1 i*i lit 1 able by suit, any ohareliolder tails to pay the amoimt ot tlie call, he may be sued for the same, in any Court of Law or ICquity having compe- tent jurisdiction, and the same may be recovered with lawful in- teiest from the day on which the call became payable. neoi'ssary in up tions fur cillfi. wbatfnrnmiitiCT 53. In any action or suit to recover any money due upon any call, it shall not be necessary to set forth the special matter, but it shall be puf.Icient to declare that the Defendant is the hokler of one share or more, stating the number of shares, and is indebted in the sum of money to which the calls in arrear amount, in respect of one call or more upon one share or more, stating the number and amount of each of such calls, whereby an action hath accrued to the Company by virtue of the Special Act. Certiflcato of Iir:)j)rit'tnrHbi|i l.rinm facie cvi- denoc. 54. The Certificate of Proprietorship of any share shall be admitted in all Courts, ^s prima facie evidence of the title of any Shareholder, his executors, administrators, successors or assigns, to the share therein specified. 23 55. l^>iit tlio want of such Certificate bIkiII not prevent the holder of any share from disposing tliereof. rufil- ealls. 56. Any persons nesjrlectinj? orrefiisin;; to pay a rateable iviKiiiy f'>i ri|i r ., '',i' (■ • 1 i- ^i i.' 1. ii fi. Hill til imy call share of the calls as aroresaid, tor tlie space of two inontlis after the time appointed for the payment thereof, shall forfeit their respective shai "^ in tlie undt'rtakiiiif,and all the profit and benefit thereof ; all which forfeitnres shall ^o to the Company for the heneiit thereof. 57. No advantage shall be taken of the forfeiture, unless '"""'f'''t"':e°' 1 .11 1 1 I 1- !• -t 1 i r^ 1 »r ^. £• . i sli.irc to Im taken the same is tieciared to he lorteitou at a ueneial Meeting or tlieacivantiKiMir Company, assembled at any v' me after such forfeiture inciUMXHiruK'! ''''''''''' 58. Every such forfeiture shall be an indemnificition to P*''' "/''",''';■!:, , , ,%i 111 /.,... . 1, . . turens to liiibili- and foi every bliareholder so forteitiiii; against all actions, suits ties, or prosecutions whatever, commenced or prosecuted for any breach of contract ci other agreement between such Shareholder and the other Shareholders with regard to carrying on the under- taking. 59. The Directors may sell, either by public auction or J^J,'j'''y'j',^;| "Ji'y private sale, and in such niannc" and on such terms as to them Hiuresby «i:i!- seem meet, any shares so declared to be forfeited, and also any'"'"' shares remaining unsubscribed for in the Capital Stock of the Company, or pledge such forfeited or unsubscribed shares for the payment of loans or advances made or to be made there )ii, or of any sums of money borrowed or advanced by or to the Company. 60. A Certificate of the Treasurer of the Company that?'^''''"'"^*^^ ■,-/.. 1*1 11 11111 /,». J reitsiirer wi ito the forfeiture of the shares was declared, shall be suiucient evi- »^vi.ieiice uf for- dcnce of the fact, and of their purchase by the purchaser, and tltiu.'^'""' such certificate with the receipt of the Treasurer for the price of such shares, shall constitute a good title to the shares, and the Certificate shall be by the said Treasurer enregistered in the name and with the place of abode and occupation of the pur- chasers, and shall be entered in the Books recpiiied to be kept by the By-laws of the Company, and such purchaser shall thereupon be deemed the holder of such shares, and shall not be bound to see to the application of the purchase money, nor shall his title to such shares be affected by any irregularity in the proceedings in reference to such sale, and any Shareholder may purchase any shares so sold. I 31. Shareholders willina; to advance the amount of their '!','<'^'»' '"7 ''« , , <• ,1 1 I • 1 allowed tnSlmre- sliares, or any part of the money due upon the respective shares iiouiera paying bayond the sums actually called for, may pay the same, and upon vancoo"ti!cir the principal moneys so paid in advance, or so much thereof as"''"*™*- from time to time exceeds the amount of the calls then made upon the shares in respect to which such advance ^'s made, the Company may pay interest at the legal rate of intei st for the time being, as the Shareholders prying such sum in ao -ance and tfHI 24 Directors ti) <'niiHv iiiiriiml nc couiitx tu Im) ke|it. I)ei!lnriilinn of (livitleiiil. the Company agree upon ; but such Interest shall not be paid out of the Capital subscribed. 62. The Directors sliall cause to be lvept,and ai:nually on the thirty-tirst day of December shall cause to be made up and bal- anced, a true, exact and particular account of the money collected and received by the Company, or by the Directors or Managers thereof, or otherwise, for the use of the Company, and ot the charges and expenses attending the erecting, making, supporting, maintaining and carrying on of the undertaking, and of all other receipts and expenditures of the Company or the Directors. 63 . At the general meetings of the Shareholders of the undertaking, from time to time holden, a dividend shall be made oat of the clear profits of the undertaking, unless such meetings declare otherwise. At »o much per share. 64. Such dividend shall be at and after the rate of so mvu-li per share upon the several shares held by the Shareholders in tin- Stock of the Company, iis such meeting think fit to appoint or determine. DHvidoiKUnotto 65. No dividend shall be made whereby the Capital of the t"i! '"*^'" ^'^^" Company is in any degree reduced or impaired, or be paid thereout, nor shall ar^y dividend be paid in respect of any share, after a day appointed for payment of any call for money in respect thereof until such call has been made . Directors may jiay iniuicst cm sinus ('allehall be the amounii recoverable with costs against such Shareholders. 14, 15 V. c. 51, B. 19. fncreM^i^''*' 81. Tiie original Capital Stock may be increased from time to time to any amount, but such increase must be sanctioned by a vote in person or by proxy, of at least two-thirds in amount of all the Shareholders, at a meeting of them expressly called by the Directors for that purpose, by a notice in writing to each Share- holder, served on him personally, or properly directed to him, and deposited in the Post Office nearest to his place of residence, at least twenty days previous to such meeting, stating the time and place and object of the meeting, and the amount of increase, and the proceedings of such meeting must be entered on the Minutes of the proceedings, and thereupon, the Capital Stock may be in- creaeed to the amount sanctioned by such a vote. 14, 15 V. c. 51, 8.19. tekT&Tn**' 82. The funds of the Company shall not be employed in other compauies. the pur' hasc of any Stock in their own or in any other Cjtnpany, 14, 15 Y. c. 51, s. 19. ,t. 16 . Actions for iNDEMNrrv, and Fines and Penalties and Their Pkosecdtion. m ,4-1 Limitation of actions for dam- agei. 83. All suits for indemnity for any damage or injury sus- tained by reason of the Railway, shall be instituted within six months next after the time of such supposed damage sustained, or if there be continuation of damage, then within six months next after the doing or committing such damage ceases, and not after- wards ; and the Defendants may plead the general issue and give this Act and the Special Act and the special matter in evidence at any trial to be had thereupon, and may prove that the same was done in pursuance of and by authority of this Act and the Special Act. 14, 15 V. c. 51, s. 20. «T 85. All persons wilfully and malicionsly, and to the pre- Penalty onner. judice of the Railway, breaking, throwing down, damaging or ^"f^/y™**^"* destroying the same, or any part thereof, or any of the buildings, stations, depots, wliarves, vessels, fixtures, machinery or other works or devices incidental and relative thereto, or connected therewith, or doing any other wilful hurt or mischief, or wilfully or maliciously obstructing or interrupting the free use of the Railway, vessels or works, or obstructing, hindering or preventing the carrying on, completing, supporting and maintaining the Railway, vessels or works, shall be guilty of a mi8demeanor,unle88 the offence com?nitted amounts, under some other Act or Law, to a felony, in which case such person shall be guilty of a felony, and the Court by and before whom the person is tried and con- victed, maj' cause such person to be punished in like manner as persons guilty of misdemeanor or felony {as the case may he) are directed to be punished by the laws in force in this Province. 14, 15 V. c. 51, s. 20. 86. All fines and forfeitures imposed by this Act or the yine* '">* re- Special Act, or by any Bylaw, the levying and recovering Qf""'®™ • which are not particularly herein directed, shall, upon proof of the offence before any one or more Justice or Justices of the Peace for the District, County or place where the act occurred, either by the confession of the party, or by the oath or affirma- tion of any one credible witness, to be administered without fee or reward, be levied by distress and sale of the offender's goods and chattels, by Warrant under the hand and seal or hands and seals of such Justice or Justices. 14, 15 V. c 51, s. 20. 87. All fines, forfeitures and penalties, the application How applicable, whereof is not hereinbefore particularly directed, shall be paid into the hands of the Treasurer of the Company, to be applied to the use thereof, and the overplus of the money so raised, after deducting the penalty and the expenses of the levying and recov- ering thereof, shall be returned to the owner of the goods so dis- trained and sold. 14, 16 V. c. 51, s. 20. 88. In case sufficient goods and chattels whereof to levy the wheu party may penalty and expense, are not found, the offender shall be sent to **" """"""**'• the Common Gaol for the County or District in which he hi.3 been convicted, there to remain without bail or mainprize, for such term, not exceeding one month, as the Justice or Justices ' think proper, unless the penalty or forfeiture, and all expenses attendmg the same, be sooner paid and satisfied. 89 . Every such person or persons may, within four months Appeal. after the conviction, appeal against the same to the Court of General Quarter Sessions, to be holden in and for the County or District. 14,15 V. c. 51, s. 20. 90. All contraventions of this Act or of tho Special Act, by contravention of the Company or by any other party, for which no punishment or be'amudemea^' penalty is herein provided, shall bo a misdemeanor, and ehali be '"''• •i| •1 ptiniBliablo accordingly ; but such punishment shall not exempt the Company, if they be the offending party, from tlie forfeiture by this Act and the Special Act, of the privileges conferred on them by the said Acts, if by the provisions thereof or by law, the same be forfeited by such contravention. 14, 15 V. c. 51,8. 20. 25. Penal Clauses. Pon'^rojin^of 152. If any person wilfully and maliciously displaces or Snyttiingto&ii- removes any Riilway switch or rail of any Railroad, or breaks toTnJ^'re pSraons down, Hps up, injures or destroys any Railroad track or Railroad or property. bridge or fence of any Railroad, or any portion thereof, or places any obstruction whatsoever on any such rail or Railroad track, or bridge, with intent thereby to injure any person or property pass- ing over or along such Railroad, or to endanger human life, such person shall be guilty of misdemeanor, and shall be punished by imprisonment with hard labor in the Common Gaol of the Ter- ritorial Division in which such offence is committed oi tried, for And if such dam- ^'"y period not exceeding ouc year from conviction thereof ; and if in consequence of such act done with the intent aforesaid, any person so passing over and along such Railroad, actually suffers any bodily harm, or if any property passing over and along sneh Railroad bo injured, such suffering or injury shall be an aggrava- tion of the offence, and shall render the offence a felony,and shall subject the offender to punishment by imprisonment in the Peni- tentiary for two years or in any other prison or place of confine- ment for any period exceeding one year and less than two years. 16 V. c. 169, 8. 1 . age be actually done, And If any per- 153. If any pcrson wilfully and maliciously displaces or re- mmht\ost^ moves any Railway switch or rail of any Railroad, or breaks down, mauauughto^'" "P® ^^' ^^j^'^'^^ ^^ dcstroys any Railroad track or Railroad bridge or fence of any Railroad or any portion thereof, or places any ob- struction whatever on any such rail or Railroad tracK or bridge.or does or causes to be done any act whatever whereby any engine, machine or 8trncture,or any matter or thing appertaining thereto, ■ Jg stopped, obstructed, impaired, weakened, injured or destroyed, with intent thereby to injure any person or property passing over or along such Railroad, and if in consequence thereof, any person be killed or his life be lost, such person so offending shall be Punishment, guilty of manslaughter, and being found guilty, shall be punished by imprisonment in the Penitentiaiy for any period not more than ten or less than four years. 16 V. c. 169, s. 2. Committing any 154. If any pcrsou wilfully and maliciously does or causes ^.""tob? a*^- to be done, any act whatever whereby any building, fence, con- ' struction or work of any Railroad, or any engine, machine or structure of any Railroad, or any matter or thing appertaining to the e^rae, is stopped, obstructed, impaired, weakened, injured or destroyed, the person so offending shall be guilty of a misde meaner, and be punished by imprisonment with hard labor not demeanor. exceeding one year, in the Common Gaol of the Territorial Dlvi- Bion in which the offence was committed or has been tried. 16 V. c. 169, 8. 3. 155. Every person wilfully obstrncting any Railway P""'"'""*?*''' Inspector in tiie execution of his duty shall, on conviction before tinK inspectora a Justice of the Peace having jurisdiction in the place where the l,'} {[JVauty'.'"" offence has been committed, forfeit and pay for every such offence any sum not exceeding forty dollars, and in default of payment of any penalty so adjudged, immediately, or within such time as the said Justice of the Peace appoints, the same Justice or any other Justice having jurisdiction in the place where the offender resides, may commit the offender to prison for any period not exceeding three months ; but such commitment shall be determined on payment of the amount of the penalty ; and every such penalty shall be returned to the next ensuing Court of Quarter Sessions in the usual manner. 20 V. c. 12, s. 3. 156. Every Railway Company, shall, as soon as possible coinpany to no- after the receipt of any order or notice of the Board of Railway Boards tn^its Commissioners, give cognizance thereof to each of its officers and °'"'^''"' *'^' servants, in one or more of the ways mentioned in the one hun- dred and sixty-third section of this Act. 20 V. c. 12, s. 15. 157> All orders of the said Board of Railway Commibsioners whattobe shall be considered as made known to the said Railway Company cufnTifoti"?" by a notice thereof signed by the Chairman and countersigned by thereof' the Secretary of the said Board, and delivered to the President, Vice-President, Managing Director, Secretary or Superintendent of the said Company, or at the office of the said Company . 20 V. c. 12, s. 15. 158. Tf any officer or servant of, or person employed by any Panighmentof Railway Company, wilfully or negligently contravenes any By- ?ravenlnt'b'y?'"* law or Regulation of the Company lawfully made and in force, '**'' *•=• or any Order or Notice of the Board of Railway Commissioners, and of which a copy has been delivered to him, or has been posted up or open to his inspection in some place where his work or his duties, or any of them, are to be performed, then if such contravention causes injury to any property or to any person or exposes any property or any person to the risk of injury, or renders such risk greater than it would have been without such contravention, although no actual injury occurs, such contraven- tion shall be a misdemeanor, and the person convicted thereof shall in the discretion of the Court before whom the conviction is had, and according as such Court considers the offence proved to be more or less grave, or the injury or risk of injury to person or property to be more or less great, bo punished by fine or impris- onment, or both, so as no such fine exceeds four hundred dollars, nor any such imprisonment the term of live years ; and such imprisonment, if for two years or upwards, shall be in the Provincial Penitentiary. 19,' 20 V. c. 11, s. 1. i ! i 80 Penalty. 159. If 8uch contravoiition does not cause injiirv to any property or person, nor expose any person or property to tlie risk of injury, nor make such risk pjreater than it wouhl liave been without such contravention, tlien the officer, servant or other person guilty thereof, shall thereby incur a penalty not exceeding the amount of thirty days' pay, nor less than fifteen days' pay of the offender from the Company, in the discretion of the Justice of the Peace before whom the conviction is had ; and such penalty shall be recoverable with costs before any one Justice of the Peace having jurisdiction where the offence has been committed, or where the offender is found, on the oath of one credible witness other than the informer. 19, 20 V. c. 11, s. 1. Appiicuion of 160. One moiety of such penalty shall belong to Her Majesty for the public uses of the Province, and the other moiety to the informer, unless he be an officer or servant of, or person in tlie employ of the Company, in which case he shall bo a competent witness and the whole penalty shall belong to Her Majesty for the uses aforesaid. 19, 20 V. c. 11, s. 1. 161. The Company may in all cases under this Act pay the iST/fia from amount of the penalty and costs, and recover the same from the ""f'** offender or deduct it from his salary or pay. 19, 20 V. c. 11, s. 1. The Company may pay penalty Company may 162. Any Railway Company may by a By-law impose upon impose penalties ^ •'. •' iijii i. '^ ^- ^ e forcontraven- any ofncer, scrvaiit, or person wlio beioro the contravention of tion of By-laws, jjjjgj^ By-law has liad notice thereof and is employed by the Company, a forfeiture to the Company of not less than thirty days' pay of such officer or servant, for any contravention of such By-law, and may retain any such forfeiture out of the salary or wages of the offender. 19, 20 V. c. 11, s. 2. How notice of By-laws or Or- ders may be proved. 163. The notice of the By-law or of any order or notice of the Board of Railway Commissioners may be proved by proving the delivery of a copy thereof to the officer, servant or person, or that he signed a copy thereof, or that a copy thereof was posted in some place where his work or his duties, or some of them, were to be performed. 19, 20 V. c. 11, s. 2 Whensnch^^ 164. Such proof with a proof of the coutravcntion shall Lo S*^fenoeforthea fuU auswcr and defence for the Company in any suit for the Company. rccovcry from it of the amount so retained, and such forfeiture shall be over and above any penalty under the preceding sections number one hundred and fifty-eight to one hundred and sixty- one. 19, 20 V. e. 11, s. 2. B'3r-Ljft."V7-S TO REGULATE THE MANAGEMENT OF TUB Ottawa City Passangei Railwau GompaDU. Tho Diructors of the Ottawa City Passenger Railway Com- pany, in pursuance of the powers in them vested, do hereby make and enact the following By-laws, Rules, Orders and Regulations, that is to say : — The Stock iroLDKits. 2. The Annual General Meeting of the Stockholders of the Company shall be hold at the office of the Company, on the third Tuesday of December, in each year, at twelve o'clock noon, or at such other hour as the Directors may appoint ; at which meeting shall be exhibited the annual Financial Statement of the affairs of the Company made up to the 1st December precelo in CaHh at any time, not Ichh than ono month from the time nnch stock shall ho Hiil)8crii)ed tor, provided, however, that nothing herein contained nhall prevent tho Directors from makini; Calls ))ayable in monthly instalments of 10 per cent, each, if tliey see fit to do bo. 19. Tlic Shareholders shall bo hold and bonnd to pay tho Call or Calls at the time or times named in a public notice to bo given, and in default ot so doing, tho Directors may charge interest on the overdue instalments at tho rate of the last declared Dividend. I '4 20. Any Sliaro, or Shares, upon which any instalment remains overdue and unpaid for a period of fourteen days, may bo declared forfeited by a resolution of the Board of Directors, who shall have tho power, after one month's notice of such resolution by letter through the Post Office to tho usual address of the party subscribing for such Share, or Shares, to sell the same for the benefit of such Shareholders in said Company, in proportion to their respective interests ; and sucli party subscrib- ing shall have no claim whatever for or in respect to such Share, or Shares, that shall be thus sold, or for any payment he or they may have made thereon . 21. Books for the Registry and Transfer of Shares and of tho Addresses of the Shareholders shall be kept by the Secretary at the Office of the Company and in such other custody and place as shall from time to time be directed by the Board, and shall bo closed once in each year from the fifteenth day of August until the first Wednesday of September following. New certificates of such stock so transferred may be issued by the Secretary, if required, upon the delivery and cancelling of the former cetificates . 22. No Trcansfer of any Stock, of which any portion remains unpaid, shall be made or be valid while any overdue Call thereon •is -unpaid, nor until any Call then made, and falling duo within eight days thereafter (if there be any) shall also be paid . 23. No Transfer of Stock shall be made or bo valid at any time within fifteen days next previous to the time fixed for the payment of any Dividend. 24. The Scrip Certificate of paid up Stock shall be in tho following form : — 86 OriAWA City Pabskncikk lUri.wAY Company. Capitiil Stock $100,000. ft,()00 Slmroa of |20 oaoh. No. of CorHficuterved at the ottice of the Con- tractors in Ottawa, may do the said repairs at the expense of the Cr;.ti actors, and the amount so expended may be recovered from the Contractors in any court of competent jurisdiction. 22. The railway shall not be open to the public or put into operation until the Chief Kngineer of the Public Works Depart- ment of the Province of Ontario for the time being shall liavo given his certificate in writing to the Corporation that the nmd is in a good condition, and has been constructed in all respects conformably with the provisions of this agroement ; and should the Contractors at any time permit any portion of the railway to get out of repair, or as in the opinion of the City Engineer it should not be, the Contractors shall not, if so required by the Corporation, operate such part of the railway as may be re[)ortcd out of repair, until the City Engineer shall further certify that all necessary repairs have been made to his satisfaction. 23. In the event of the Corporation obtaining from the Gov- ernment of C.'.nada a lease of a water power, the Contractors shall be entitled to a fiub-lease at a rental not exceeding the amount paid therefor by the Corporation, of such part thereof as the Corporation may not require to operate a system of street light- ing, should the Corporation at any time determine to light the City of Ottawa by electricity as a city work. 24. When it is necessary that the railway should cross the track of any railway company, or any work or property subject to any Government, the Corporation shall join the Contractors in the application to obtain such privilege, the Contractors and the Corporation paying their respective expenses of such application. 25. On the execution of this contract the Contractors shall deposit five thousand dollars with the City Treasurer of the City of Ottawa as a guarantee of good faith, which sum shall be for- feited as liquidated damages to the Corporation if the lines men- tioned in the second clause of this agreement are not built by the Ist of August, 1891 ; provided, that if, through unforseen cir- cumstances, the Contractors shall be unable to couiplete that work before the said time, there shall be no forfeiture if the Contractors demonstrate to the satisfaction of the Corporation, that the work is in a fair and reasonably advanced state of pro- 48 gross. And upon tlio (!(>in|>luti«)ii, to tl>u mitisfaction of the (Jor- pomtion, of the linos in the third (ihuiso hereof mentioned within the stipuhited |)erio(l, tile Hiiid snin of $5,000 witii tlie ordiriury bank interest tlierooii, sliiill bo returned to tlio Contractors, but not othorwiso. 2»^ Tlie Contractors shall l)e at liberty to remove the snow from the streets during the winter months for tlie purpose of continuing the street car service, if the Contractors deem it practicable, provided, however, that tho snow shall be kept to a uniform hivel between tho sidewalks on each side of the street, and that snow be loft on the roadbed for sleighing to such a depth as may bo determined by tho Corporation from tiino to time, 27. VVhonover it shall be necessary to remove any snow or ico from the track of the railway, the same shall not bo loft in hoapw, but bo spread ovonly over the street, or removed, as shall bo (lirectod by the ofHcer of the Coiporation foi tho time being charged with tho supervision of the street. 28. Tho Contractors shall not make use of salt for tho pur- pose of removing snow or ice from tho railway track. 29. In tho event of tho contracto.s using wooden poles for the support of the electrie wires on the streets and squares of tho City of Ottawa, such poles shall bo uniform and shall bo dressed, shaped and painted to the satisfaction of tho Corporation. 30. Should tho Contractors at any time cease to regidarly use for the purposes of their railway, for a period of si.x months, th poles and wires placed in tho streets, the Contractors shall forth with at their own expense remove such poles and wires and put the streets in proper repair, and in default thereof the Corporation may do so and charge the expense thereof to the Contractors. 31. In the summer months the Contractors shall run cars at intervals not exceeaing 10 minutes each way on tho streets mentioned in the second clause hereof ; and at intervals not exceeding 15 minutes each way on tho rest of the lines, between the hours of 6 a.m. and 8 p.m. ; and every half hour between the hours of 8 p.m. and 11 p.m. ; and on special occasions calling for increased service, tho Contractors will supply it. During tho summer months the cars on the Cumberland or Dalhousio street branch shrtll begin running at 5:30 a.m. In the winter months the cars shall run at intervals not exceeding 20 minutes each way between the hours of 7 a.m. and 7 p.m. ; and every half hour between the hours of 7 p.m. and 10:30 p.m. 32. It shall not be incumbent upon the Contractors to maintain a service between the present Canada Atlantic Railway Station and the Exhibition Grounds by \vay of Elgin street, from 49 the let October to thn Ist May in any year; nor to iniiintairi a serviuu uii the Ciiiiiborlaiul or DuIIiouhIu struct l)ranuli during tho winter of 181)1-92. 83. No higher faro than Hvc cents shall ho chnrgod for t)jo conveyance of ono p.isscngL'r from one point to another on tho said line and hranches thereof within the present (^ity linuts; and for children under ten ten years of ago, no liighcr fare than throo cents shall bo charged. 34. When cai-s do not run through from ono point to another, the Contractorc shall isHue transfer tickets without extra charge available fo'" a continuous trip, only to such passengers as require them to reach such points, 35. Tho Contractors agree to supply to workingmcn 25 five cent tickets for $1.0(> ; but tho same snail be used oidy between tho hours of 5:'{0 a.m. and 7 a.m., and between tho hours of 6 p.m. and 7 p.m . 36. Tho Contractors and their servants and oflicials shall conform to the regulations in the schedule hereto annexed, and such further and other regidations as the Corporation shall from time to time deem requisite or necessary, and enact for tho protection of persons and tho property of the public, provided such other regulations do not infringe upon the ])rivileg09 hereby granted to the Contractors. 37. In this agreement, nidesii the context otherwise requires, the expression "track" shall mean the rails, tics, wires, and other works of the Coiitractois, used in connection therewith. 38. If the Contraciors shall not use the authority and privileges granted by thif agreement, and such non-user shall continue until tho 1st June, 1891, such authority, permission, franchise, and privileges, shall tlierenpon cease and determine, and this agreement shall be null and void. i ■ 1 And the Corporation airreo with the Contractors tliat upon deposit with the Treasurer of the City of Ottawa of the security mentioned in the 25th paragrapii of this agreement, the Corpor- ation will forthwith pass all necessary resolutions and bydaws to give effect to the terms of this agreement. In witness whereof the parties hereto of the first part have hereunto caused their corporate seal to be aftixed under the hand of their Mayor and City Clerk, and the pai'ties hereto of the second part have hereunto set their hands and seals. Signed, sealed and delivered in pi-osenco of ~ W. P. LETT, City Clerk, D. B. MaoTAVISH. JACOB EIIRATT, Mayor. T. AlIEAKN. W. y. SOPER. .:; 60 SCHEDULE. The following rules and regulations in regard to the working of the railway shall he (.(bserved by the Contractors and the officers and servants thereof : — 1. The Contractors shall cause each car or other vehicle used bv it to be numbered. 2. The cars or other vehicles shall be propelled by electricity, except during the period of winter when it may be necessary to use sleighs drawn by horses or propelled by electric'ty. 3. The cars shall not be propelled at a higher rate of speed than ten miles an hour within half a mile of the Parliament Buildings, 4. Should there be any foot passengers on any crossing before the car approaches the same, the car shall be stopped so as to permit such passenger to cross. 5, Each car is to bo supplied with a gong, sounded by the driver when the car approaches feet of each crossing. which shall be to within fifty 6. The cars shall not be wilfully driven against any person or animal whilst being upon or crossing any of the streets of the City. 7. No cars shall be allowed to stop on or over a crossing or in front of any intersecting streets, except to avoid a collision, or prevent danger to persons in the streets, or for other unavoidable reasons, and no cars shall be left or remain in the street at any time, unless waiting for passengers. 8. When it is necessary to stop at the intersection of streets to receive or leave passengers, the cars shall be stopped, so as to leave the rear platform slightly over the last crossing. 9. Conductors and drivers.shall be required to bring the cars to a stop when passengers request to get on and off the cars. 10. After sunset the cars shall he provided with colored signal lights, tor front and rear, and while sleighs are used, a bell shall bo attached to the harness of each horse. 11. There shall be a conductor as well as the driver on each car or train, except on such portions of the lines as may be here- after determined by the Corporation. 12. The conductor shall announce to the passengers the names of the streets and public squares as the cars reach them. 61 13. The cars shall be properly heated and lighted. 14. Careful, sober and civil agents, conductors and drivers shall at all times be employed to take charge of the cars on the said railway. 1.5. The said Contractors and its servants and officials shall conform to all such further and other regulations as the said Council shall from tinje to time deem requisite or necessary to enact for the protection of porsor's and of property of the public. Witness, D. B. MagTAVISII, T. AH EARN, W. Y. SOPER. i The Council ot the Corporation of the City of Ottawa, so far as authorized by the said Statute, an^. not otherwise, enacts and ordains as follows :— The said agreement hereinbefore recited shall be and the same is hereby ratified and confirmed, and the said Thomas Ahearn and Warren Young Sop.er, are hereby authorized to lay down street railways on the portions of the streets specified in the said agreement, and equip and operate the same when con- structed, subject to and under the provisions and restrictions of the said Statute, aiid of the said agreement so far as the same are authorized by or consistent with said Statute, and not otherwise, and further subject to and under the rules and regulations in regard to the working of the said railway, contained in the schedule to the said agreement so far as the same are authorized by or coni'istent with said Statute, and to such further and other regulations as the Council of the Corporation of the City of Ottawa shall hereafter from time to time deem requisite or necessary to enact for the protection of persons and of property of the public. Given under the Corporate Seal of the City of Ottawa, this Uth day of January, A.D. 1891. Certified, W. P. LETT, City Clerk. JACOB ERRATT, Mayor, 52 ■§R;cmOVan6um of |lgVCCmcUt made this Fifth day of November, A.D. 1800, Between The Cur|)oratioii of the City of Ottawa, hereinafter Of the First Part. ealled the "Corpoi'ation" AND Tiioinr.s Ahoarii and Warren Young Sopor, both of tlie City of Ottawn, in tiio County of Carleton, Electri- cians, hereinafter called tiie "(jontractors" Of the Second Tart . Whereas by a Memorandum of Agreement bearing even date herewith, made between tlio parties hereto, and providing for the construction and operation by the Contractors of a street railway on certain of the streets of the (^ity of Ottawa, it is among other things covenanted and agreed that tlie rails to l)e used by the Contractors in the. eonstruclion of their said railway shall be of such pattern as shall be approved of by tljc Corporation. And whereas tlie Corporation liad been negotiating with William Holmes llowland, of the City of Toronto, in the County of York, and Jolm Alexander Gemniill, of the City of Ottawa, in the County of Carleton, for the construction and operation of the said street railway. And whereas the Council of the Corporation of the City of Ottawa, on the 6th day of Octol)er, A.D. 1890, passed a resolution in referen',0 to the pattern of the rail to be used in the construc- tion of the said railway in the words and figures following, that is to say : — "That the llowland Company be required to use the girder "rail on all that portion of their line on Kideau and Wellirigton "streets, from Cumberland to O'Connor street; on O'Connor street "to Albert street; on Albert street to Bank street; on Bank "street, from Albert street to Lisgar street, and on Elgin street "from Wellington street to Maria street ; and that they be "allowed to use the T rail on the remaining portions of their line, "provided that the Company will substitute the girder rail on all "streets that may hereafter be paved between the rails of tlie "said railway and at least eighteen inches on each side thereof, "and on all the streets traversed by the said railway whether "paved or not after the expiration of four years, on the Corpora- "tion giving the said Contractors one year's notice of their "intention to require such change, and that the Contractors shall "make the said change at the rate of two miles per year there- "after until all the rails are of the girder pattern." And whereas the said Council, on the said sixth day of 58 ^ October, passed another resolution in the words and tigurcs following, that is to say : — ''That the concessions made by the Corporation on the qucs- "tion of the pattern of the rail, are on condition that the "Contractors undertake when required by the Corporation, to test "the storage system, and if the same is found satisfactory to this "Corporation they shall remove the poles and wires and adopt the "storage system on their line." And whereas, the 8:iid contractors, the parties hereto of the first part, have agreed with the Corporation to conform to and comply with all the conditions a!)d provisions imposed by the Corporation with reference to the construction and operation of the said railway, in the resolutions of Council hereinbefore recit- ed on the parties referred to in said resolutions. Now therefore, this agreement, witnessetli, that in consi- deration of the premises and in pursnance of the said agreement, the said Contractors for themselves, their and each of their executors, admim'strators and assigns, covenarir, promise and agree to and with the Corporation, as follows: — 2. That the said Contractors shall and will use the girder rail in the constrnctiim of their said railway on that portion of their line to be constructed on the portion of the^treets hereinbefore mentioned, and that they will substitute for the T rail which they are allowed to use on the remaining portions of their line, the girder rail on all streets that may hereafter be paved between the rails of the said railway and at least eighteen inches on each side thereof, and on all the streets traversed by the saiil railway whether paved or not after the expiration of four years from the present date, on the Corporation giving to the said Contractors one year's notice of their intention to require snch change at the rate of two miles per year thereafter until all the rails are of the girder pattern . 2. That the Contractors shall and will when required by the C Tporation test the storage system, and if the same is found to work satisfactorily to the Corporation, they the said Contractors shall and will remove their poles and wires and adopt the storage system on their line of railway, and otherwise observe, abide by and perforin all the conditions and obligations imposed by the said resolutions of Council. In witness whereof the parties hereto of the first part have hereunto caused their Corporate Seal to be aflixed under the hand of their Mayor and City Clerk, and the parties hereto of the second part have hereunto set their hands and seals. Signed, Scaled and Delivered! (Signed) JACOB ERRATT, . ill the presence of I Mayor. [Seal] (Signed) W. P. LETT, j (Sighted) T. AHEARN. [Seal] City Clerh. J " W. Y. SOPER. [Seal] P 11! ;i %\ u No. 17] BILL. [1894. Prcanibli!. An Act to confirm an agreement between the City of Ottawa and the Ottawa City Passenger Railway Company and the Ottawa Electric Street Railway Company (Limited). WHEREAS tho Corporation ot the City of Ottawa, tiie Ottawa City Passenger Railway Company and the Ottawa Electric Street Railway Company, Limited, have pre- sented a petition pi'aying that an act may be passed to confirm the indenture of agreement hereinafter mentioned ; and whereas it is expedient to grant the prayer of the said petition ; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — Agnwmeiit ouiiliriiieil. 1. The agreement dated the 28th day of June, 1893, and n)ade between the Corporation of the City of Ottawa and . the Ottawa City Passenger Railway Company and the Ottawa Electric Street Railway Company, and which is set ont in Schedule "A" to this act, is hereby declared to be valid and ■ binding upon the parties thereto. 8&Raiiway ^- "^'^^ Corporation of the City of Ottawa and The Ottawa coininiiiy imtiio- Electric Street Railway Company are hereby autiiorized and [^'agreement, empowered to enter into the said agreement set forth in Schedule "A," and to do whatever is necessary to carry the same into effect. rizetl. Aiimigamation 3. The Said Tlic Ottawa Electric Street Railway Company r'a^sln's* r u'lifi- IS hereby authorized and empowered to sell, convey and assign Stri(''stre«r''^^ ^''*"'^'^^^*^^' P^'op^rty and assets to the Ottawa City Passenger Riiiwayautho- Railway Company, and to amalgamate with the Ottavva City Passenger Railway Uompany, and to enter into any agreement or agreements with the said Company incident to such sale or amalgamation, provided that no such sale, amalgamation or agreement shall be valid unless and until the same is ratified and confirmed by two-thirds of the shareholders of the said Company present, either in person or by proxy at a Special General Meeting thereof, dnW called for that purpose in the manner prescribed by the by-laws of the said Ottawa Electric Street Railway Company. 55 No. 65.] BILL. [1894, An Act to confirm an agreement between the Ottawa City Passenger Railway Company and the Ottawa Electric Street Railway Company, and an agreement between the said Companies and the Corporation of the City of Ottawa, and to unite the said Companies under the name of " The Ottawa Electric Railway Company," WHEREAS the Ottawa Cit}' Passenger Railway Company, rronmi.ie. incorporated by an Act of the Parliament of the late Pro- vince of Canada, and the Ottawa Electric Street Railway Com- pany, incorporated by letters patent issued by the Lieutenant- Governor-in-Oouncil of the Province of Ontario pursuant to the provisions of the Street Railway Act and The Ontario Joint Stock Companies' Letters Patent Act, have by their petitions represented that they have, under the provisions of the several Acts relating to the said Compauies and the said letters patent re- spectively, entered into an agreement for the sale of the fran- chises, property and assets of The Ottawa Electric Street Rail- way Company to the Ottawa City Passenger Railway Company and for the amalgamation and union of the said two Companies as one company, conditional upon the said agreement being rati- fied and confirmed by Act of the Parliament of Canada (which agreement is set out in schedule "A" to this Act) and have prayed that an Act be passed to ratify and confirm the said agreement ; — and whereas the said companies have also joined in an agreement with the Corporation of the City of Ottawa for the construction, maintenance and operation of the various lines of street railway within the City of Ottawa in the said agreement mentioned and described, upon the terms and conditions mentioned and set forth in the said agreement with the City of Ottawa, which agreement is set out in schedule "13" to this Act ;— and whereas hy one of the terms of the said agreement the Corporation of the City of Ot- tawa covenanted and agreed with the said Comp.inies to consent to the amalgamation of the said Companies, and also to join with them in applying for the legislation either by the Parliament of Canada or by the Legislative Assembly of Ontario, which should be required for the purpose of rendering the said agreement valid and binding upon all parties thereto ;— and whereas the said Corporation of the City of Ottawa have by their petition prayed that the said last mentioned agreement should be ratified and con- firmed : — and whereas the said Ottawa City Passenger Railway Company has also prayed for certain amendments to its Act of Incorporation and to the Acts amending the same ; and whereas it is expedient to grant the prayer of the said petitions : — There- fore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, declares and enacts as follows : — *i: 4il Sfi Agreement iHitween tlic i' C. DowNiNo Fitiri'. I THE OTTAWA CITY PASSENGER RY. CO., By W. Y. SopEK, President. (Seal.) James U. Fraskr, Secretary. THE OTTAWA ELECTRIC STREET RY. CO., (LIMITED), By J. W. McRae, iVesiV/m^. (Seal.) James D. Fraser, Secretary. ■J Pnumble, 62 SCIIKDIILK"!?." Tiiie iNDKNTtiKK iiiiulu in tripliciitu on tliu 2Stli day of Juno, A.I)., 1K93 : — netwccn the Oorporation of the City of Ottawii, lioreinaftur called tliu Oorporatioii, of tlio lirrtt part ; tlio Ottawa City PaflBcngor Railway Company, licrcinaftor called tho Paascn- for Company, of tho stMtond part ; and tho Ottawa Electric Street lailway Company, lioroinufter called tho Klectric Company, of tho tliird part. Whereas by virtue of an Act of tho Province of Canada hcini; 29-30 Victoriii, chap. !0(J, tho sai*! Ottawa City Passenger Ilaii- way Company was duly incorporated with tho powers there' :i mentioned ; And whcrwis tlio f.aid Act of Incorporation has been amend- ed by an Act o( tho Legislature of the Province of Ontario, I>oing 31 Victoria, chap. 45, and also by an Act of the Parliament of tlio Dominion of Canada, being C)5-5C> Victoria, chap. 53. And whereas the said the Passenger Company and tho Cor- poration entered into an agreement bearing date the 18th day of May, 1885, by which tho route on the said railway was changed witli the consent of the said Cornoration, which said agreement was ratified by Py-law No. 003 c( the Council of the said Corpor- ation. And whereas the Ottawa Electric Street Railway Company was on the thirteenth day of February, A. D., 1891, duly incor- porated by letters patent issued by the Lieutenant-Governor in Council of the Province of Ontario, pursuant to tho provisions of "The Street Railway Act" and "The Ontario Joint Stock Com- panies Letters Patent Act," with the powers, privileges and fran- chises in the said letters patent mentioned ; And whereas the said Electric Company and the said Corpora- tion entered into an agreemc'.'it bearing date the 5th day of November, A.D., 1890, by which said agreement permission was granted to the said Electric Company to oporata a line of street railway by electricity in certain streets of the City of Ottawa, which said agreement was ratified by by-law of this Council dated the 14th day of January, A.D., 1891, and numbered 1098. And whereas the said "The Passenger Company" and the said "The Electric Company" intend to amalgamate tho said Com- panies orotlicrwise unite and consolidate their business as soon as tlie necessary legal authority can be obtained for that purpose, and the said Corporation have agreed to consent to such amalgama- tion and to assist the said Companies and each and every of them in obtaining such legislation or other legal authority as may be necessary to effect the said amalgamation and otherwise to confirm and ratify this agreement. Hi H 63 The word "Companies" an used in this ajj;rocniont shall be M««niii«..fwor.i understood to nit-ati mid apply to the 8:iid (/oinpiinies, the parties "'"""'*"'•*•" to this agreement and their Huceessors, and either of them as the eontoxt may retpiire until the naid amalgamation or union shall take place, and therei^fter the word ( 'ompanies as iierein used shall extend and apply to the said (Company so formed by such amal- gamation or union. NowTiiis Indkntuuk Witnkhsktii : to mild Ihat in consideration ottho covenants and airreements on tho*""'"^"' ' part ot the said CoinpimieH in these |)reHent8 contained, the eon- oitnttr. sent, permission and authority ot the Corporation is hereby given and granted to the Companies and their assigns to construct, com- plete, maintain and operate during the term of thirty years, to be computed from the thirteenth day of August, A.D., 1893, a double and single irou street railway, the j)ropelIing power of which shall be electricity or (\;''th the consent of the Corporation) uny other |, ^^^ power, excepting stea.M, (except durint; the period of winter.when i->>wer. the Companies may suhi'tituto sleighs drawn by horses) with the suikIih nmy imi necessary side tracks, switches and turnouts for the passing of cars, """"' '" *'°'*''- carriages and other vehicles r.dapted to the same upon and along the streets hereinafter mentioned in the manner and on the terms and subject to the conditions, restrictions and provisoes herein- after contained, and also subject to the provisions of Chap, 171 R. S. O., 1887, entitled "The Street H-il way Act," or an amend- ment or amendments thereto that may l)e enacted from time to time during the currency of this agreeiuent so far as the same shall not bo inconsistent herewith. 1. The said "The Passenger Company" and "The Electric •'"*«,'■ *?,'Vr' „ ,111 • 1 1 II. K«"i"t«' 0. 0. I". Company liereby agree to unite and amalgamate the business, ijy. c... ami o. property, franchises and assets of the two Companies npoii such "^"^ **■"'■ *^''' terms and in such manner as they shall mutually agree upon and as they may be advised, as soon as they are legally empo""erod to do 80 by legislation or otherwise, and the Company so formed shall have its head oflice in the City of Ottawa. 2. And the said Corporation in consideration of the stipu- city t<> consent lations, covenants and agreements herein contained on the part *'"''««"•»''<»« of the said Companies and each of them hereby agree to consent to such union and amalgamation and to join and assist the said two Companies in obtaining snch legislation as may bo necessary to eflect the union or amalgamation of the said Com- panies, the expense of procuring such legislation to be borne by the Companies. 3. The said Passenger Company hereby gives, grants and l^urromief^ce?"" surrenders to the Corporation all its rights, privileges and f'Ji"-J^'tti«er **^ chises under the statutes hereinbefore recited except such as are reserved by this agreement, to be held and enjoyed by the said Corporation, at and after the expiration of the said period of thirty years from the 13th day of August, A.D. 1893, 61 • City limy ns8«nK> 4. Aiid tlio Said Corporation ii>!iy, after giving at least six eTa'ono'yw^.. months notice thereof, prior to tho ex|>iratioii of tiie said |)eri(»d of thirty years, assume tlie t)wnership ol so miicli of the said rail- way ot the Companies as is situate in the Province of Ontario, and all real and personal property in said Proviiicc used in con- nection wifli the working thereof, on payment of the >';iluc thereof to be determined by arbitration. Arbitration Arbitration. (a.) After tho said Corporation shall have given notice of its "wmlrshl".'"'"" intention to take over the said pi'operty it may at once proceed to arbitrate under the conditions in that behalf, and both the Cor- poration and the Companies shall in every reasonable way facili- tate such arbitration, and the arbitrators appointed it: the matter shall proceed so as if possible to make their award not later than the time named by the Corporation for taking over the said pro- perty. But if from any cause the award shall not be made by such time, or if either party be dissatisfied with the awaru, the Corporation may nevertheless take possession of the said portion of the 3aid railway and all the property and elTects thereof, real and personal, necessary to be used in connection with the working thereof, on payment into court, of either the amount of such •iward; if the award be made, or if not, on paying into court or to the Companies such suni of money as a judge of the High Court of Justice may, after notice to the opposite party, urder, and upon and subject and according to fpch terms, stipulations and conditions as the said Court shall by its order direct and pro- scribe, provided always that the rights of the parties except in so far as lierein specially provided, shall, not be affected or preju- judiced thereby. In determining such value, the rights and privileges, and the revenue, profits and dividends being or likely to be derived from the enterprise are not to be taken into con- sideration, but tho arbitrators are to consider only tho actual value of tlie actual and tangible property, plant, equipments and works connected with and necessary to tho operation of the said portion of the said railway, which is not to include any land, pro- perty or rights acquired or used in connection with the said street railway, and which do not actually form a part of the said street railway undertaking necessary to tho earring on ot the same. ProviHi..!! ni.t<. (6.) In the event of the Corporation, after the expiration of RanX''.Xr8o the said thirty years, not exorcising its right to take over the real y ar» .^,j(j pergonal property necessary to be used in connection witii the working of the said portion of the said railway, the Corpora- tion may, at tho expiration of any fifth year thereafter, exorcise such right, upon giving not loss than one year's notice to tho Companies; and the privileges of the Companies shall continue until the ownership is assumed by tho said Corporation as afore- said or possession taken under tho provision of this section as above mentioned, provided always, that whenever tho Corpora- tion exercisos Buch right of taking over tho said property, tho ii^l ,11 66 provisions fur (Icteniiiniiig tlio value thereof herein contuined BJiall a|)|)ly in tlic same inaiitier as if the Corporation iiad exer- cised its rigiit at the expiration of the said period of thirty years. 5. The said companies niider existing Iv'gishuion and «Ci'ec-^"**[*°^*°|'" ments and by this agreement and on the terms and conditions and at*' ii"e» untu subject to all the restrictions, piovisoes and agreements herein "tJleteii"" "° contained and subject to tiie provisions of the said recited Acts not inconsistent herewith, are authorized to construct, maintain and operate lines of street railway, the propelling power of whicii shall be electricity or with the consent of the Corporation, any other power, except steam as lieiein provided upon and along the streets of the City of Ottawa herein mentioned tvithin the times hereinafter limited, for the construction of the said lines of rail- way and the powers, privileges and franchisep, hereby conferred or consented to, shall apply re8|)ectively to the said Companies respectively until amalgamation, and after such amalgamation shall take effect, shall pass and belong to the said amalgamated Company. (!. The lines of The ( )ttawa City Passenger Railway Couipany o. o. »>. By.oo-s already constructed and in operation in the City of Ottawa are the ed and in opera- following : *'""• Commencing on Princess Avenue, in Rideau Ward, formerly the Village of New Edinburgh, at the northerly limit of the City of Ottawa ; thence along sai(l Princess Avenue to Ottawa Street, in the said ward, now called Sussex Street; thence southerly along the said street across Green Island to Metcalfe Square; across Metcalfe Square and along Sussex Street to Rideau Street ; along Rideau Street over the Sappers' I'ridge to Sparks Street ; along Sparks Street to Rank Street ; along Bank Street to Wellington Street ; along AVellington Street by Pooley's Bridge to Queen Street ; alciig Queen Street to Bridge Street and along Bridge Street to the northern limit of the City of Ottawa at the bridge over the Tliver Ottawa, called the Union Bridge. 7. The lines of the Ottawa p]lectric Street Railway Com-O-.E-^s.^By^^ pany already constructed and in operation are the following: atructedand in o|wretioD. Commencing at the east end of Rideau Street, in the City of Ottawa, at its intersection with Wurtembnrg Street, and along Rideau Street aforesaid to DuflFerin Bridge ; thence across Dn^ ferin Bridge and along Wellington Stre3t to its intersection with Metcalfe Street ; thence along Metcalfe Street to its interseotion with Albert Street ; and thence along Albert Street and Wel- lington Street and Broad Street to the intersection of Broad and CJueen Streets ; and on Bank Street from its intersection with Albert Street to the nortlicrly end of the Swing Bridge over the Canal; and fron» the intersection of Elgin and Wellington Streets along Elgin Street to Catherine Street, and thence along Catherine Street to Bank Street ; from the intersection of Bank 66 Street with Ann Street, aloiii^ Ann and Emily Streets to liell Street; and from Rideau Street along Dalliousie Street to St. Patrick Street ; and along St. Patrick Street to St. Patrick Street bridge ; and across St. Patrick Street bridge to Creighton Street ; tlieiice along Croigliton Street to Charles Street, in llideau Ward. Uncjumier 8. The Paid Companies have also ol)tained permission by construction, resolution of the Council of the City of Ottawa, and are now con- structing lines of railway on Pank Street, from Albert Street to Sparks Street to coiniect the lines of the Electric Company on Bank and Albert Streets with the lines of the Passenger Company on Spark.s and Wellington Streets, and also to connect the lines of the Electric Company on Creighton Street in Rideau Ward with the lin^s of the Passenger Company on Sussex Street in the said ward, and from the junction of Pridge aiuJ ()ueen Streets west along Queen Street to the tracks of the Ottawa Electric Street Railway Company on Broad Stroet. Jtructcd'noV""' ^- That Said Companies shall construct, ecpiip and have in iat«rtii»ni3t operation, uot later than the first June, A. D., IsOo, the following additional lines of railway : — Along Nicholas Street from its intersection with Rideau Street to the Soutliern City limit ; also on Theodore Street from its intersection witli Nicholas Street to its intei section with Chapel Street or some street east of it, and thence to Rideau Street ; also to Rocliesterville and Mount Sherwood in the direction of the Expei'imental Farm from the Richmond Road b}' way of Preston Street; and, if re(juirod by the Corporation, from Catherine Street along Elgin Street to the Exhibition Grounds ; and also from the westerly end of Emily Street to the southerly end of Bell Street in the direction of the Experimental Farm. June, 1895. Arraiigeiiieut of tracks to bo altered. Rails to be re- moved. 10. The said Companies hereby agree that they will alter the arrangement of their tracks, so as to occupy only the Sappers' Bridge over the Rideau Canal, and leave tlie Dufferin Bridge and Wellii:gton Street, between the sa'd bridge and Metcal t Street, and Metcalfe Street between WeKington and Sparks Streets, and Elgin Street between Wellington and Sparks Streets, free from rails, und for this purpose pending amalgamation, the said Com- panies agree that the cars of the Electric Company shall have running powers over the tracks of the Passenger Company from the intersection of Sussex and Rideau Streets to the intersection of Sparks and Bank Streets. 11 . The Electric Company shall have power to and shall forthwith remove their lines of rails from the corner of Sussex Street along Rideau Street over Dufferin J5ridge and along Wel- lington Street to Metcalfe Street, also on Metcalfe Street from Sparks Street to Wellington Street, also on Elgin Street from Sparks Street to W('"'>gtou Street, and notwithstanding the 67 Kill Company not obliged to give car service on portioDB of qei-; min streets. Roa(Ibeo consent and approval of the Corporation expressed by by-law to "''♦'«"''«'• t^ lii CI., ri-i CI • i 1 <-i' ■ other sticeta extend the Street iiailway Service to any otiier ot the streets oithauthose the City of Ottawa, although the same are not herein specially "''"'*^- named. . IJr. The Corporation shall grant to the said Companies alH"*'"?"''' *"•"*•" ,, ., ', ... ° CI irt> c!''''''''"' power licenses, rights and privileges necessary tor the proper and etti- .^na miiintain cient use by electric jiower, or with the consent of the Corporation '""^" ""' "'™''' any other power except steam, to operate the cars upon the Said streets, including the right to open tlie said streets for the purpose of inserting and maintaining and to insert and maintain poles for the wires conveying electric power, provided that the Corporation arc not bound to supply any land, water or other property whatso- ever or tlj use of any such. , \5. The said Companies are hereby authorized to use pa.ssen- Authority to d.i li /1 i- I c • 1 i 1 curs and ojin otiier cars as tiie ( orporatioii may determine, ami take, passengers ai transport and carry passengers and baggajte upon the same. baggage. ojirry and the 10. The said Companies shall not in any case connect any of ^°,*^,J^°^J^ their wires with the' water pipes or service pipes, or with any of w;>t'r or service the appliances in connection therewith, without tlie consent of theioliseiit.'''"" Corporation, and the said Companies shall, and will at their own expense, remove any such connections when re(piired to do so by the said Corporation, and shall and will pay to the said Corpora- tion any damages and expenses that the said Corporation may have incurred or may be put toby reason jf the said connections having !)een made. 17 The Corporation shall not before the 13th day of August, iliive^J'^Kve*" A. D. 1898, grant authority to any companv, |)rivate individual '•<«'''•* "pt<^''8t'' or urm to construct and operate a street railway in any other part of Ottawa, and in the event of any company, private individual or firm theroaftor proposing to construct street railways on any pf f .'I Hi 68 I Aft*r IBM, tliu Com the fitiecte of the City of Ottawa, inohidinfr tho streets nientionetl , Aug., in tliis agreement unci not occupied hy tlio Companies, and tlio Com- Corporation deterniinini; tliut there slionld he street railway scr- flrrt option of Vice OH such Streets, tho matter and substance ot tlie j)ropo8al othef"ticeu.°" shall he notified to tiie Companies and tlu; option of const rnctinij • 8'jch proposed railways on the conthtions contained in this agree- ment sliall he offered to the Companies, hnt, if sndi option siiall not he accepted hy tlie (companies within thirty days thereafter, or if the same having been accepted, the Companies shall not pro- ceed with the necessary works and complete the same within tho time h'mited by the Corporation, the Corporation may grant the authority to any company (organized after the above date), private individual or firm, and the Corporation and its grantees shall be entitled to cross the lines of the said Companies with such rail- ways as are authorized by this clause. Excluaivd rigliti on street'} oacu- pied. the said Companies on any street occupied by the said Companie?. Exemption from ( taxation on {fcr- sonal pro Ac, for " '""r^^'^eniption from taxation and all oth 30 years. franchises, tracks and rolling stock a Workuhopa, &>'. to be built in City. 18. The Corporation sliall g.-ant to the said Companies ex- "ler municipal rates on their and other personal property used in and about the working of the railway, also on the income of the Companies earned from the working of the said railway fof a period of thirty years from the said thirteenth day of August, A.D. 1S93. But this shall not apply to the real estate of the .Companies. 18 [a.) All workshops, repair shops, storehouses and car sheds of the Company, shall he in the City of Ottawa, except that the Company may have a car shed suitable for ten cars elsewhere. Mileage pay- nieutti. Ijood repair. Occidents and obatruutJonB. il » Except as provided in the immediately preceding clause, the i j Corporation shall preclude any company, private individual or t j firm from constructing lines of street railway or using the lines of ' 19. Tho said Companies shall pay the Corporation, annually, the sum of four Imndred and fifty dollars ($150.00) per mile of street occupied by the tracks of the said Companies at any time during the first fifteen years for each year of such occupation, and five liundred dollars ($500.00) per mile of stieet occupied at any time during the next lifteen years for each year of such occupation, such payments to he made in equal semi annual instal- ments, on the 1st day of Febrnary and the Ist day of August in each year after 1893, and to be coinputed from the said thirteenth oorporat^on to '^^^y of August, 1893, tlic flrst of sucli instalments to he due and keep rrossingi. to 1)0 paid ou the first day of February, 1891, the Corporat'jn on eleau aliU strtsetx , . r , ./ J t ^ ) 1 , and orosBfngd in their part agreeing to keep tiie crossings clean and in good ...... repair, and the said streets in good repair. Provided that the Corporai'on shall not he liable for any accident occasioned by the cars, works, wires or trat i < of the said Companies, or in the working of the same or any .natter or thing in connection there- with ; or for any obstruction or for any delays for the times re- quired for the purpose of making repairs or new strugtures that may be necessary. 60 20. The Con) paiiiee will provide special 8triii»ijei*8 on tlie Bridges, niider beams of tiio l)ri(]i;o8 traversed by the railvviiy for tlieir rails iuid be at all expense for replankiiig and remodelling the Hoorinij^ and timbers of all bridj^es, so far as may be necessary for the purpose of laying the rails upon such briilgcs, to the satisfac- tion of the City Engineer, in order to leave the rails flush with the phudxing or roadway in accord .nco with a plan to be approved by the City Engineer, and will niiuntain and keep in re- pair the sa'd stringers. 20 (rt.) In the event of aiiy of the bridges under the control nridgos. of the Corporation traversed by the said Railway re([uiring the supports or supei8truct\irc thereof to l)e strengthened and in the opinion of three arbitrators, or a majority of them, to be com- posed of the City Engineer and a qualified VAvW Engineer, to l)e appointed by tlie Companies, and a third arbitrator to be appoiiited by the two previously n-nied, the necessity for such strengthening has been caused or occasioned by the Companies or their tratHc thereon, the Companies and Corporation shall bear the cost of such strengthening in c<]nal proportions. Provided » tliat the Corporation shall not be liable for any obstruction or any delays that may be caused by reason of any repair to the bridges or any strengthening thereof that may be rc<]uired by the said City Engineer. 20 (J.) In ♦^he event of the said (Companies failing to ap-Ari.itrationre point such arbitrator within live days after notice given to the ''"'"''*''• Ccmipanies by the City Engineer or in the event of the said two arbitrators failing to name a third within five days after their ap- pointment the judge of the County Court of tho County of Carle- ton may appoint an arbitrator for the party or arbitrators in de- fault or a third arbitrator as the case may require. 21. The tracks of the railway and all works noces.sary for Tracks, &o., to constructing and laying the same shall be built and made in a''",'".''"'"," substantial manner and according to the best modern practice miiniiCT. under the supervision of the City Engineer or such other ofiicer as the Corporation shall appoint and to the satisfaction of the Corporation. 22. The lines of railway shall 1)0 of gnacfc of four (4) fectauaga. eight and one-half (8^) inches, and the rails shall be the standard tee rail of not less than fifty-six (50) pounds to the yard, and 8h«ill i^Ko,na'i,Hilwii be laid, kept and maintained by the said Coinpinies flush with with Btnots. the streets and in such manner as sli.all least obstruct the free and ordinary use of the streets and tho passage of vehicles and car- J,^'jl^{J'^™ngt"e'^ts. riages over the same, the Corporation on their part agreeing to maintain the streets in proper repair and keep the same up to omiies-scp also the grade with which the Companies arc from time tu time re- '^'"" *^ "''■ quired to keep their rails flush. 4 70 nouns to ho i>ftiy the track of the said Companies which shall be hereafter permanently paved, and shall also p.ay a bonus at the rate of one thousand dollars ($1,000) per mile and in the same proportion for any fraction of a m'lo for each mile or fraction thereof so paved such bo;ius to be paid on the passing of the by-law under which such pavement in to be constructed. netinitionof 24. Permanent pavcmcnt sliall mean pavem3r.t of natural or Sr''"*'''''''''artificial8toneora8phalt, all of which shall be laid on a rubble stone or concrete foundation, or whici' the Corporation shall construct under local improvement by-law (and any other pavement which may be hereafter mutually agreed upon between the Companies and the Coiporation as constituting a permanent • pavement) so as to pavo the entire street from curb to curb, ar)d any pavement coming under this clause shall be constructed and maintained in gooil repair, at the expense of the said Corporation during the lifetime of said work aa certified by the City Engineer. JmitrX!''"'™ . 25. The location of the poles, tracks and rails shall be sub- ject to the approval of the Corporation, and the tracks shall con- cimii«!22. form to the grades of the several streets upon or along which the same are now, or shall hereafter, bo established. The said Com- panies shall not in any way alter or change the same. Notice to Cor- pomtion Iwfore hrenking up or opi'iiing alrecUs. 20. Before breaking up, opening or interfering with any ])art of the streets for the purpose of constructing the railway, the Companies siiall give the Corporation six days notice in writ- ing of their intcTition so to do, and no more than three thousand (3,000) lineal feet of the streetr shall without authority from the Corporation be broken up or open at any ilvvay •j',';"'';J:j|JJJ'^^,'|^'• either for the purpose of altering the grades thereof, constructing rcpinring.te. or repairing the drains, sewers or culvert, or layin,^ down or re- pairing the gas or water pipes, or for any other parpose for the time being within the powers, j)rivilege8, duties and obligations of the Corporation, without any compensation to the said Companies, and without being liable to the Companies for any damage that may thereby be occasioned to the Companies or the works con- nected therewith or the working thereof; and the Corporation shall not be liable to the Companies for any damage the Companies may sustain from the breaking of ses^crs and water pipes. 31. The Companies shall be liable lor all damages which may co»'i'«i'it;8ii«bic be occasioned lo any jieison by reason or tlie construction, main- tenance, repairs or open.tion of the railway. •0- an on- 32. The Compaiiies sliall indemnify and keep indemnified !"'","'''""i''",!" ano save harmless the Corporation at ail times from ail costs, dam-poii'tion irom ages and expenses of every nature and kind whatsoever which the agts!'""' ''"'" Corporation may be put to or have to pay by reason ot the exercise by the Companies of their powers or any of them or by reason of neglect by the Companies in the executing of their works or any of them, or by reason of the improper or imperfect execution of their works or any of them, or by reason of the said works bo'^oming unsafe or out of repair or otherwise howsoever ; and shcv.ld the Corporation incur, pay or bo put to any such costs, damages or expenses, the Companies shall forthwith upon demand repay the same to the Cor])oration. 33. In case the Companies shall fail to keep in a proper and corporation may sufficient state of repair the tracks of the railway so far as the companTcs riii Companies are under the terras of this agreement liable so to do, ^tlce"*"""^ t;he Corporation after one week's notice in writing to the euperiij- I §■ 72 Corponitioii may i)nlvrO<)iii|>aiii«H toiidcnt, wliicli may bo sorved at tlio otticc of tho Outiipaiiios in Ottawa, may do the said repairs at tlie expense of tlio (J Jiiipaidea, and tho umouiit bo expended may be recovered from the Companies in any court of competent jurisdiction, 34. If the C/ompanies shall at any time permit any portion t.)Ml(.|.oi.emtiiiK(»f the railway to be(!om(! out of repair or as in the opinion of the o'frei.tti!--''' ''""^•ty Kii^:incer it should not bo. tho (/ompanios shall not, if so re- quired by the Corporation, operate sue.h part of the railway as may bo reported out of repair, until the City Enj^ineer shall further certify that all necessary re[)airo have been made to his satisfaction. Conx.ratuin u. 35 "Wlion it is necessarv that the Companies' tracks shoidd join Ooiii|miii«K 1 c c xi" -i • 1? 1.1 in iuppiicaiidii t(>crof:.s the track ot any ot the railway companies or any or the railway erosa- work or property subj(!ct to any ijovernment, tho (corporation '"8* shall join with the Companies in tho ap[)lication to obtain such privilegcSjtho Companies paying tho expeiisesof such aj)plication. givrril'.mUo ^6. Upon tho execution of this agreement by tlio parties licre- "■I'lHC" 'iei'<«it to, the sum of five thousand dollars (|5,(I00), now deposited with iiiAv ill lianilH III ' . 1 /•-, ,. 1 ii /vii^ 111 . • ii. , 11 •! /I coipmitioii. the said Corporation by the Ottawa lliloctric otreot Uaiiway Com- pany with the ordinary bank interest thereon, shall bo returned to the said Company, on depositing with the city treasurer a bond to the satisfaction of the Corporation conditioned for the duo completion to the satisfaction of tho Corporation of the linos of railway montionod in clause 9 of this agreement. Ilcniovitl of 8UUW. Snow ami ico to lie spread evenly on atrccts. 37. In the event of the Companies running their cars on wheels during tho winter months, tlio said Companies shall at their own expense remove the snow from tho streets occupied by the tracks of the Companies from curb to curb including such snow as may be de|)osited upon tho said streets from sidewalks on such streets and also all such snow as may slide or naturally fall from roofs of buildings on to such streets or on to such sidewalks and be thence removed to such streets. Provided however that siiow to such a depth as may be determined by the City Engineer from time to time shall bo left on the roadbed for sleighing, and in the event of tho Companies neglecting to remove the snow from the streets as and when directed by the City Engineer, tho same shall be removed by the said City Engineer acting on behalf of the Corporation, and all the cost of such removal and all expenses incurred by reason of such non removal by the Com- panies shall be paid by the Companies to tho Corporation on de- mand. The said Companies shall not deposit any of tho snow so removed on any of the streets of tho City without tho written permission of tho City Engineer. 38. Whenever it shall bo necessary to remove any snow or ice from the track of the railway, the same shall not be left in heaps, but be spread evenly over tho street, or removed as shall be directed by tho officer of the Corporation for the time being charged with the supervision of the streets. 73 30. Tliu ('Uiii]):uiicB nliall not inuku U8C of cult, i'.\cc|>t on Bait, tlicir rails and then only as approved of from time to tinio by the City Engineer. for Woollen pole the 40. In tlio event oi the (Joinpanies tisiii}^ wooden poles mi the enpport of tliu eieetric wire on the streets and sqnaros of the City of Ottawa, such poles shall he uniform and shiill bo dressed, shaped and painted to the satisfaction of the Corporation, 41 . Should the Companies at any time cease to regularly use p^j^g „,,,,, ^^^ for the purpose of their railway for a period of six months, the t™** '"•>«"!. poles and wires or tracks placed in the streets, the Companies not U8«u. shall forthwith at their own expense remove such poles, wires and tracks, and put the streets in proper repair, and in default thereof, the Corporation may do so and charge the cxpcnso thereof to the Companies. 42. The Companies' line shall bo divided into routes, the Lines to be designation of which may, with the consent of the Corporation, routes, be altered from time to time, each of which routes shall have terminal and central points, and the time of the departure of the car making the last trip for the day from each of said terminal and central points shall be published by authority of the Company, by time table or advertisement, and such time so publislied shall not be departed from under the penalty of $10 for each and every offence, but the Companies shall not be liable to any penalty in case of obstruction to their line or other cause beyond the control of the Companies. 43. In the Summer months the Companies shall run cars at Running time intervals not exceeding ten minutes each way, on the streets """"""'°" mentioned in the 6th and 7t)i d.-iuses hereof and at intervals not exceeding fifteen minutes each way on the rest of the lines between the hours of six a.m. and eight p.m. and every half hour between the hours of eight p.m. and eleven p.m., and on special occasions calling for increased service the Companies will supply it. 43a. During the Summer months the cars on the Dalhousie Do. Street branch shall begin running at 5:30 a.m. 44. In the Winter months, the cars shall run at intervals not Runn'ng time exceeding twenty minutes each way between the hours of seven " '^'"°" * a.m. and seven p.m., and every half hour between the hours of seven p.m. and ten-thirty p.m. 44a. In the event of the neglect or failure on the part of Penalty for the Companies, or either of them, to run their car or cars a8^*«[^,J°™° required by paragraphs 43 and 44 of this agreement, except when ^jrevented by (1) lightning, (2) ice or a heavy fall of snow, (3) obstruction on the road beyond their control, or (4) any other cause which the Council for the time being may allow or excuse as the occasion may arise the said Companies shall in all 74 such cases of fuilnrc, forfeit find nay to tlic Corporation, the euin of ^10 as liquidated damages and not as a penalty. Not oi.iiKci to 45. It shall nut be iiiciinibeiit upon the Companies to J|},*i"J;;'",J'|"'™niaiiitain a eervi(^o between the present (Canada Atlantic Railway utwccn'"' Station and the Kxhibition (Jroiinds by way of Klj^in Street from utNm'iimi the first of November to the first of May in any year. Faron. 46. No higher fare than five cents shall be charged for the conveyance of one passenger from one point to anotiior on the said line and brancfies thereof within the present city limirs, and for children under ten years of age no higher fare than three cents shall be charged except between the hours of twelve o'clock n)idnight and five-thirty a.m. Fares. 47. Bctwccn the hours of twelve o'cloclv midm"ght and five- thirty a.m., the Companies may charge a fare of not more than ton cents for the conveyance of each passenger carried by them. Tranarcrs. 48. When cars do not run fiom one point to another, the Companies shall issue transfer tickets without extra (iliarge, available for a continuous trip only, to such passengers as require them to reach such points, but no passenger shall be entitled to a transfer ticket which will enable him to make a return journey upon one of the parallel lines of the Companies. Reduced rat^s at 49. Tlic Companies agrcc to issuc tickots at rcduccd ratcs to certain hours, woikiug mcu and otlicrs at the rate of thirty-three tickets for one dollar, or eight tickets for twenty-five cents, good from the first trip in the morning until seven-thirty am., and between the hours of five and six-thirty p.m., and to carry school children under fourteen years of age to and from school at the rate of Bciiooi ciiiidren. forty tickcts for ouc dollar, good between the hours of seven and nine-thirty a.m., eleven-thirty and one-thirty p.m., and throe- thirty and five p.m. standard time. 49«. In the clauses of this agreement in which the time of day is mentioned, such time shall be understood to mean standard time {it the City of Ottawa. Fares, when payable. Penalty for refusal to pay fare. 50. Fares shall be due and payable by every passenger on entering the car or other convcyaneo, and any jjerson refusing to pay the fare when demanded by the conductor shall be liable to a tine not exceeding |5, recoverable before any Justice of the Peace. 76 ftl. The Oompaiiios iind thoir Horvants and oflioiala sliiill c<>ii'i"">i"«.tiieir , ,1 1 ■ • , 1 1 1 I I 1 1 J "•rvauU anil (■onforin to tlio I'o^iiliitioiiH in tli(3 kuIkmIiiIu liurxto aiincxod and oiiioIhIh t« Hiieli ti tiino to tiino deem i"0(|m8ito or iiecosriary, protection of porsoiis and the property of tlio public. further and other roj^uIutioiiH iih the (/orporatioii shall fnun r"ri,'iution'»iii to time deem re(iui8ito or iiecosriary, and enact for the "«'""'"'''• 52. Tn this agreement, unless the context otlierwiflCM.miin(iofUie recjuires, the expression track siiall mean the rai'a, ties, wircH and r."^;."'^'"" other works of the Companios used in connoction therewith. track.'' 63. When neccHsary in case of fire the CMiiof or person in Righu of ciii«f diarfije of the Fire l^rifijadc shall have the rifi;ht to cut or pullofF'ir" BfiK"a!taiiavo caused tiiuir coiporate Hoals to be hereunto utiixed. Signed, sealed and delivered ) (Sgd) O. DlIROCinjlU, in the presence of f [T-^ S.] Maijor. (Sgd) A. MacLean, (Sgd) F. II. CUKYSI.EK. (Sgd) JOHN IIENDKIISON, City Clerk. OTTAWA CITY PASSENGEIt RAILWAY COMl'ANY, [L. S.] (S}?d) W. Y. Soi'KK. President. (Sgd) Jamkh D. Fkaskb, Secretary. OTTAWA ELECTRIC STREET RAILWAY COMPANY, LIMITED. (Sgd) .L W. MoRae, [L. S.| President. (Sgd) James D. Fkaseb, Sec-Treasurer. SCIIEUULE. "Mentioned in Schedule B to this Act.l Tlie following lules and regnlations in regard to the working of the railway shall be observed by the Companies and the officers and servants thereof : — 1, The Companies shall canse each car or other vehicle used by it to be numbered. 2. The cars or other vehicles shall be propelled by electri- city, except during the period of Winter, when it may be necessary to use sleighs drawn by iiorses or propelled by electricity. 77 3. Tlio oarfl fihiill not, ho propelled at i 'lipflior rate of speed tliiiti ternniIcK an liour within half a mile (-f the Parliament liuildingd. 4. Should there he any foot jjaissenj^ers on any erosHJnj^ hefore tlio car approaches the same tl;e car shall he stopped so :ib to per- mit such passengers to crogs. 5. Each our is to ho supplied with u gong which shiill ho Bounded hy the driver when the car approaches to within fifty foot of each crossing. 0. The cars shall not ho wilfully driven against any person or animal whilst hcing upon or crossing any of the streets of the city. 7. No curs shall he allowed to stop on or over a crossing, or in front (»f any intersecting streets, except to avoid a collision or prevent danger to persons in the streets, or fitr other unavoidahle reasons, and no cars shall he left or remain in the street at any time, unless waiting for passengers. 8. When it is necessary to stoj* at the intersection of streets to receive or leave passcJigers the cars shall he stopped, so as to leave the rear platform slightly over the last crossing. 9. Condtictors and drivers shall be required to bring the cars to a stop when passengers request to get on and off the cars. 10. After sunset the cars shall bo provided with colored signal lights, for front and rear, and while sleighs are used, a bell shall be attached to the liarness of each hqfse. 11. There shall bo a conductor as well as the driver on each car or train, except on such portions of the lines as may be liere- attcr determined by the Corporation. 12. The conductor shall announce to the passengers the names of the streets and public squares as the cars reach them. 13. The cars shall be properly heated and liglited. f > 14. Careful, sober and civil agents, conductors and drivers shall at all times be eirq^loyed to take charge of the cars on the said railway. .6 78 15. The said Companies and their servants and officials sliall conform to all snch fnr'.iier and other regulations as the said Council 81 all from time to time deem reciuis'.te or necessary to enact for tlie protection of persons and of property of the public. (Sgd) (). DUROCnKR, Mayor. OTT/WA CITY PASSi^.NGEli RAILWAY COMPANY [L. S.] (Sgd) W. Y. Soi'ER, President. James D. Fkaskr, Secretary. OTTAWA ELECTRIC STREET RAILWAY COMPANY, LIMITED. [L. S.] («gd) (Sgd) W. Y. SOPEB. President. James D. Fkaser, Sec.-l reasnrer. i i^v>- INDEX TO BILL No. 65. •— — . Accidents, corporation not liable Page 68 clause 19 Arbitration, when taking plant over do 64 do do in connection with bridges do 69 clause 20a. 20b Artificial Stone, for paving do 70 clause 24 ' Authority to construct.... Ar^ an uo 00 do 5 Alteration of tracks, to free Dufferin Bridge, &c *lo 66 d^ 10 jj do do notice to be given do 70 do 27 do of grades, company shall not alter do 70 do 25 do do corporation may open 8*''eet8 do 71 do gg *^° "*■••«"*«'' do 73 do 48 Announcing streets, conductors to do so. . . . do 77 schedule clause 13 Assuming ownership by coriKiration do 64 olau Asphalt, for permanent imving do 70 Award, by arbitrators when corporation assumes j „ . do 64 do 4a Baggage, company may carry do 67 Barriers, when constructing, &c do 71 Bond, for completion of lines. . . h« 7a ao 7^ do 36 Bonus, for permanent paving do 70 Buildings, to be in Ottawa dn «h ao o« do 18a Bridges, use Sappers' only do66 do 10 do company to provide stringsi;. do 69 do SO do strengthening do ^ do 80a ;•'■,« n >■ n u. By-laws, this agreement subject to other . . . Page Cars, authority to use do do time of running do do to be numbered do Car sheds, where to be located do Carriages, free passage during construction, &c "^o Cease to operate, should company do City Engineer, in regard to bridges do do to supervise construction. ... do Children, fares of do do tickets for school do Chief of Fire Brigade, right to cut wires, &c. do Clean crossings, corporation to keep do Construction, to be substantial do do notice before beginning do do during Game, crosoings, &c., to be left do do disposal of surplus material ... do Concrete foundation, for permanent paving, do Coriwration assuming ownership do Costs, corporation to be saved harmless do Crossings, authorized companies entitled to cross do corporation to keep clean and in good repair do corporation to aesist company in obtaining do cars must not -'^op on do rear platform to bo over last crossing do Cutting wires. Chief Fire Brigade may cut. . do Damages, company liable for injury do 71 do for failure to run cars do 78 75 Clause 54 07 dr 15 73 do 43, 43a 76 schedule 1 clause 1 68 clause 18a 71 do 29 7:5 do 41 09 clause 2(), 20a, 20b 69 clause 21 74 do 46 74 do 49 75 do S3 68 do 19 69 do 21 70 do 26 71 do 28 71 do 29 70 do 24 64 do 4 71 do 82 do do do do 07 68 do 17 do 19 72 do 85 05 schedule clause 7 66 do 8 75 do 68 71 do 81 78 do 44a Ul. Delays, corporation not liable Page 68-69 Deposit, $5000 with corporation do 72 Determining value, method of do 64 Drains, corporation may construct and repair do 71 Double fares, company may charge after midnight do 74 Electiic power do 65-67 Elgin street extension, winter service not . necessary do 74 Exclusive privileges do 67 Exemption from taxation . , do 68 Expropriation, method of do «4 Extension of tracks, to any other streets do 67 Expiration of charter do 64 Failure to run cars, to be fined do 73 Fares, rates of , do 74 do refusal to pay do 74 Fines, for failure to run do 73 do for refusal to pay fare do 74 Fire Brigade, right .< cut wires do 75 Franchise, length of i'.0 years do 63 Clause 19, 20a do 36 do 4a do 80 do 46 do 5,14 do 45 do 17 do 18 do 4£ », 4b do 13 do 4 do 44a do 46 .47 do 60 do 44a do 50 do 58 do 8 ^aspipes do 71 do Gauge do 69 do Gongs, to be sounded do 77 schedule, clause Grades, corporation to keep streets up to. . . do 69 do do tracks to conform to do 70 do do altering of do 71 do- Ground wires do 67 do 32 5 22 25 30 16 Head office, location of , do 63 do 1 Headway, intervals between ars do 73 do 48 Heatingcars do 77 schedule, clause 18 :w^ If ly. loe, not to be left in heaps Page 72 do if prevented by do 73 Income, exempted from taxation do 68 Increased service, to be supplied on special occasions do 73 Indemnify, Company to indemnify cor- poration do 71 Legislation, Corporation to assist do 63-75 lines •■ railway, authority given to construct do 65 do do the O.C.P.R. lines do 65 do do theO. E. St. Ry do 65 do do connectiiig do 66 do do additional do 66 Lights, during construction and repair do 71 Lightning, failure in event of do 73 Limited tickets do 74 Maintenance of streets in repair do 69 Mileage, amount to be paid do 68 do do do after paving do 70 Municipal rates, exemption from do 68 Neglect to run, penalty for do 73 Notice, before assuming ownership do 64 do before beginning construction do 70 do before commencing repairs do 70 do for failure to repair tracks do 71 Obstructions, Corporation not liable do 08-69 do Company not liable if delaycl . do 73 do beyond company's control.. .. do 73 OfBcials, shall conform to regulations do 75 Office, head ofHce to be in Ottawa. . ... do 63 Operate cara, not necessaiy on certain streets do 06 Clause 88 do 44a do 18 do do 48 82 clause 2, 55, 66 clause 5 do 6 do 7 do 8 do 9 do 28 do 44a do 49 do 23 do 1» do 28 do 18 do 44a do 4 do 26 do 27 do 88 do 19, 20a do 42 do 44a do 51 do 1 do 11 Opening streets, notice to bo given before. . .Page 70 do do no more than 30O0 feet do 70 do do no more than 60 feet do 70 Other companies, not to be allowed do 67 Other streets, company may extend to . . . . do 87 Parallel lines, no transfer to be issued to.. . . do 74 Pjissengers, authorized to carry do 67 Passenger cars, authorized to use do 67 Pavement, amount to be paid for do 70 do meaning of permanent do 70 Payments, amount and dates do 68 do when streets are paved do 70 Permanent pavement, amount to be paid for do 70 do do meaning of do 70 Personal property, exempt from taxation . . do 68 Planking for bridges do 69 Poles and wires, to be removed from certain streets do 66 do do right to insert and maintain do 67 do do location subject to approval do 70 do do to be uniform, in good repair do 68 Repair of streets, corporation to keep in good repair and to grade do 09 Roadway, on bridges do 69 Rolling stock, exempt from taxation do 68 Routes of the O. C. P. Ry. Co do 65 do of the O. E. St. Ry. Co do 05 do connecting do 06 do additional by 1895 do 00 do may substitute other. do 07 do entitled to other do 07 do timetable of do 73 Rubble stone, for foundation do 70 Joules and regulations , do 70 Clause 18 do 18 do 49 do 60 do 51 schedule do 87 do 88 do 38 do 10 ,11 do 16 do :i9 do I8a do 19 do 20a do 27 do 28 ,29 2 do 33 .34 do 19 do 32 do 30 do 18 do 6 do 7 do 8 do 9 do 12 do 18 do 42 do 34 schedyle VIU Running time, in Summer months. ... Page 73 Clause 43, iSa do in Winter months do 78 do 44 do fines for failure in do 73 do 44a Salt may be used do 73 do 39 School children, price of tickets do 74 do 49 Service, during the Summer do 73 do 43, 43a do during the Winter do 73 do 44 Service pipes, ground wires connected to . . . do 67 do 16 Servants shall conform to rules do 75 do 51 Sewers, corporation may repair do 71 do 80 Service, during Summer do 73 do 43, 43a do during Winter do 73 do 44 do not necessary on Elgin st. South ... do 74 do 45 Sidewalks, snow from do 72 do 37 Sleighs, Company may use do 63 preamble Sleighing, sufficient snow to be left for do 72 do 37 Snow to be removed by company do 73 do 37 do not to be left in heaps do 72 do 88 do failure to operate on account of do 73 do 44a Speed at which cars may run do 76 schedule clause 3 Steam not allowed do 67 do 14 Storehouse, may have one out of Ottawa. ... do 68 do 18a Streets, may substitute other do 67 do 13 do may extend to any other do 67 do 13 do if service required on other do 67 do 17 do Corporation to keep in good repair . . do 68 do 19 do in constructing, not more than S()00 feet to be open do 70 do 26 do in repairing, no«^ more than 60 feet . . do 70 do 87 Strengthening bridges, condi* ions to apply to do 69 do 20a Stringers, company to supply on bridges... do 69 do 20 Substitution of other streets do 67 do 12 Summer service, running time do 73 do 48, 48a Surplus niftterial, how disposed of do 71 do 99 * VIII. Taking over by corporation, procedure Page 64 Taxation, company exempt from do 08 Tee rail, to be used do 09 Tickets, transfers to be issued do 74 do workingmens' and scliool children's do 74 Time, to be standard do 74 Timetable, to be published do 73 Tracks, location of the O. C. P. Ry. Co do 05 do do do O. E. St. Ry. Co do 05 do connecting do 00 do additional for 1805 do 00 do on Sapper's Bridge only do 00 do exemption from taxation do 08 do to be flush on bridges do 09 do to be built under supervision do 09 do to conform to grade do 70 do location subject to approval do 70 do to be removed if not used do 73 do meaning of word " Tracks " do 75 Track repairs, corporation may do it do 71 Transfers to be issued v^ithout charge do 74 Tratiic not to be impeded do 71 "Value, how determined in 30 years. do 04 Vehicles, passage to be kept open for do 71 Watchmen to be provided during construc- tion, &c do 71 Water courses to be left free do 71 Water pipes, not to be used as grounds do 07 do corporation may repair do 71 Wheels, if used in winter do 72 Winter, snow to be removed in do 72 do service dui'ing do 73 Clause 4, 4a I, 4b clause 18 do 23 do 48 do 49 do 49a do 43 do 6 do 7 do 8 do 9 do 10 do 18 do 20 do 21 do 85 do 25 do 41 do 52 do 33 do 48 do 28 do 4a do 29 do 28 do 28 do 16 do 30 do 87 do 87 do 44 a, 4b 18 28 48 49 40a 43 6 7 8 ]0 18 20 21 25 35 41 53 33 48 28 IX. Wires and poles, right to insert and maintain. Page 67 do do wires not to l)e grounded on pipes do 07 do do poles to be uniform &c.... do 7!i do do if not used to be removed . . do 73 do do firemen may cut wires do 75 Workingmen, price of tickets for do 74 Workshops to be in Ottawa do 68 Years, 30 the length of franchise do 03 Clause 14 do 16 do 40 do 41 do 58 do 4U do 18a do 4a 29 f ( a C ti C tl ni ar ra CO w! ca tn ca ca de 8ai 01 me th( sai at; Oil pre Co tlie firo ma lire n CORPORATION OF THE CITY OF OTTAWA. By-law No. 1S37 Kiititlod n By-law to amend I'y-liiw No. 1076 of the Corporation of tlio City of Ottawa. The Conncil of the Corporation of the City of Ottawa onatts and orduins as follows: 1 . Section 4 of the said By-law No. 1076, entitled "By-law for the protection and regulation of the streets of the City of Ottawa" passed on the 13th day of October, 1890, is liereby amended, by adding thereto the following sub-sectioi.s : (a). The cars, carriages and snow-cleaning machines of The Ottawa Electric Railway Company, while running on the railway tracks of the said Company situate on the streets of the City of Ottawa, shall have the right to use the said railway tracks and the parts of the said streets within the said railway tracks as against all other conveyances and vehicles, and against all persons, animals and things whatsoever, except as hereinafter mentioned. (h). Every person travelling upon the said railway tracks or any part thereoi or on any part of the said otreets within the said railway tracks, either alone or with a vehicle, sleigh or any other conveyance, or leading or driving any animal thereon, shall, whether meeting or proceeding in the same direction as the said cars, carriages or snow-cleaning machines of the said Company, turn out of the said railway tracks and permit the said cars, carriages and snow-cleaning machines to pass, and shall in no case and under no pretense whatever wilfully obstruct, hinder or delay the free passage and use of the said railway tracks by the said cars, carriages and snow-cleaning machines of the said The Ottawa Electric Railway Company. (j). On all occasions of tire within the City of Ottawa the members of the Fire Department of the City of Ottawa and their assistants and the horses, vehicles and fire appliances of the said fire department, shall, whilst engaged or being employed at any fire, have the right to the sole use of the streets of the City of Ottawa and the railway tracks thereon within the limits prescribed under section 24 of By-law 1085 of the said Corporation, respecting fire department and fires, by the chief of the said fire departmsnt, or any other officer in charge at any fire, and no person shall move any car, carriage or snow-cleaning machine of the said Company within the said limits during any fire without the leave of an officer of the said fire department. # 18^. IMAGE EVALUATION TEST TARGET (MT-3) / O 1.0 I.I 1.25 !fllM m m ^ 1^ 1.4 M [|| Z2 IIM I— 1.6 <^ W /}. /^ "c-l c^: ^l 'W' / y ^ ^ /^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY 14580 (716) 872-4503 «

any be reqniied to double track Nicholas " street from Ridean bueet to Theodore, and Theodore from '• Nicholas to Chapel, (or to some other street east of Chapel to " be agreed upon) and to continue such tracks to Ridean street via " Wurtembnrg, and single track Nicholas street from Thoodoro " to the southerly limits of the City, all to be built and in " operation not later than the 1st June, 1895. "4. That in consideration of the foregoing the Company is " to be bound to build and have in operation a line of railway on " Elgin street from Catharine street to the Exhibition Giounds, " not later than the let day of Juno, 1896, and to operate the '' same throughout the year after the 1st day of June, 1900 ; and " that the time mentioned in the existing contract for building " this line of railway be extended for one year. "5. That the Company is to be bound to build and have in " operation a line of railway on Bell street from the westerly end " of Emily street to the present southerly end of Bell street, not •* later than the 1st day of June, 1900 ; and that the time " mentioned in the existing contract for building this line of " railway be extended for a term of five years. "6. That the Company be released from any liability under " Clause 9 of the original contract, to build on Preston street " south of its intersection with Cedar street. "7. That the Company be required to execute within one '* week from this date a formal supplementary contract, embodying " the foregoing terms, and such other terms not inconsistent " herewith as the City Solicitor may consider necessary for the " protecton of the City's interest, and in case the Company shall " fail 80 to do that this resolution be void." And whereas, the said Company have agreed to the terms and conditions imposed by and stipulated in the said resolution of Conncil. Now this agreement witnesseth that in consideration of the covenants and agreements on the part of the said Company in these presents contained, as well as the covenants and agreements mentioned in the said original agreenient, the consent, permission and authority of the Corporation is hereby given and granted to the Company, to construct, complete, maintain and operate during the balance of the term of thirty years mentioned in the 83 said original agreomont, a double and single iron street railway, the propelling power of which shall be electricity, (or with the consent of the Corporation) any other power excepting steam, except during the j^criod of winter, when the Company may substitute aleighs drawn by horses, with the necessary side tracks, switches and turnouts for the passing of cars, carriages and other vehicles adapted to tlie same upon and along the Richmond Road from Broad street to Preston street, and upon and along Preston street from the Richmond Road to Cedar street and upon and along Cedar street from Preston street westerly to the City limits, in the manner and on the terms and subject to tiie conditions, restrictions r,nd provisioJis herein, and in the manner and on the terms and subject to the conditions, restrictions and provisions mentioned and contained in the said original agreement, and also subject to the provisions of Chapter 171, Revised Statutes of Ontario, 1887, entitled the Street Railway Act, or any atnendment or airiendments thereto that may be enacted from time to time during the currency of this agreement, so far as the same shall not be inconsistent herewith. In consideration of the said permission and authority the said Company for itself, its successors and assigns doth hereby covenant and agree with the said Corporation and its successors and assigns as follows : (1) That the Company shall and will construct, complete and equip and have in operation on or before the Slst day of December, A.D., 1895, a line of street railway from the present street railway system In the City of Ottawa to the Experimental Farm in the Township of Nepean. (2) That the C mpan}" shall charge passengers using their lino of railway froi. any point within the City limits to the Experimental Farm (or any intermediate point) and from the Experimental Farm (or any intermediate point) to the City, no higher fare than the rates ciiarged passengers from one point to another point within the City limits under the said original agreement. (3). That the Company shall and will lay a double street railway track on Nicholas street from Rideau street to Theodore street, ard on Theodore street from Nicholas street to Chapel street (or to some other street east of Chapel street, to be agreed upon,) and to continue such double track to Rideau street via Wurtemburg street ; and a single track on Nicholas street from Theodore stieet to the southern limit of the City on or before the 1st day of JunCj 1895, and shall and will have the said lines fully equipped ""d in operation not later than the said Ist day of June, 1895. (4). That the Compaijy shall and will construct, complete and emiip and have in operation a line of railway on Elgin street from Catharine street to the Exhibition Grounds not latQi- than Hi tlio Ist day of Juno, 1896, and shall and will operate the sanio continuously tlirou<^hout the year after the Ist day of June, 1900, during the balance of the said term of thirty years. (5). That the Company shall and will construct, complete and equip and have in operation a line of street railway on Uell street from the westerly end of Emily street to the present southerly end of Bell street not later than the Ist dav of June, 1900. (fi). That the work to he performed by the said Con)pany shall be constructed and carried on and shall bo in all respects subject to the terms of the said orii^inal agreement and the Street Railway Ace and the amendments thereto that n)ay be enacted from time to time during the currency of this agreciment so far as the same shall not be inconsistent herewith. (7). That the said Company shall and .will in all respects observe, perform, keep and fulfil, with reference to the said work and to all matters and things in connection therewith, all the terms, conditions, covenants, stipulations and provi8a38 contained in the said resolution of Council hereinbefore recited and in the said original agreement, which said terms, conditions, covenants, stipulations and provisoes are hereby made applicable to the lines of railway and additional lines of railway mentioned or referred to in the said resolution of Council. (8). That the said Company shall and "will indemnify and keep indemnified and 8{;ve harmless the Corporation at all times from all costs, damages and expenses of every nature and kind whatsoever, which the Corporation may be put to or have to pay by reason of the exercise by the Company of its powers or any of them, or by reason of the neglect by the Company in the executing of its works or any of them, or by reason of the improper or imperfect execution of its works or any of them or by reason of the said works becoming unsafe or out of repair or otherwise howsoever, and should the Corporation incur, pay or bo put to any such costs, damages or expenses the Company shall forthwith upon demand repay the same to the Corporation. And the Corporation in consideration of the premises hereby releases the said Company from the obligation contained in Clause 9 of the said original agreement to build a line of railway on Preston street south of its intersection with Cedar street. The Corporation hereby further agrees to extend the time mentioned in the said original agreement for the construction of theline of railway on Elgin street from Catharine street to the Exhibition Grounds for the term of one year and the time mentioned in the said original agreement for the construction of the line of railway on Bell street for the term of five years. 85 And it is hereby further agreed tliat except as herein set forth the iiid agreement of the 28Lli of Juno, ISUo. (herein called the original agreement) and tlie Street Railway Act and amendments therein mentioned slutll apply to the said additional or suustitntod lines of railway hereinbefore mentioned oranthorized hereby, and especially the terms thereof as to the mileage rate to be paid by the said Company to the said Coi-poration, for so much of the lines as are within the City limits, and to the maintenance of the tracks and rails thereof, and to tlie removal of snow from the streets on which the same may be built and to the running of cars and the the times and intervals at whicl' the same shall be run on the branches of the railway of the said Company and the period of time for which tlie charter or permission to operate said lines of railway shall continue and the rights of the said Corporation to acquire and assume the ownership of the same and the works, plant and property, real and personal, used in connection therewith, and also all other stipulations and terms thereof in any way applicable to the branches hereby mentioned or authorized ; it being hereby understood and agreed between the parties hereto that the said original agreement shall be read with and form part of these presents. Provided always and it is hereby expressly understood and agreed that nothing contained herein, or in the said original agreement, or in ilie By-law of this Council ratifying the said original agreement, or in the By-law ratifying tliis agreement, shall be construed to impose any liability on the Corporation for the construction, repair or maintenance of the bridges on Cedar street, crossing the Canada Atlantic Railway lines and the Canadian Pacific Railway lines, or any bridge or bridges that may be constructed in place of the same, or shall be construed as an assuming by the Corporation of tlie said bridges, or any, or either of them. In witness whereof, the said parties hereto have caused their respective Corporate Seals to be hereunto affixed under the hands of their proper officers in that behalf. The Council of the Corporation of the City of Ottawa, so far as it is authorized by the said resolution, and not otherwise, enacts and ordains as follows : The said agreement hereinbefore recited shall be and the same is hereby ratified and confirmed, and the said Company is hereby authorized to lay down street railways on the portions of the streets specified in the said agreement and to equip and operate the same when constructed, subject to and under the provisions and restrictions of the said agreement and the original agreement referred to in the said agreement so far as the same are authorized by or are consistent with the said statutes therein referred to and not otherwise, and further subject to and under the rules and regulations in regard to the working of the said 86 railway contained in the schedules of the said original agreement 80 far as the same are authorized by or are consistent with the said statutes, and to such further and other regulations as tlie Council of the Corporation of the City of Ottawa shall hereafter, from time to time deem requisite or necessary to enact for the protection of persons or ot the property of the public. Given under the Corporate Seal of the City of Ottawa, this 22nd day of April, A.D. 1895. (Sigiied) (Signed) i JOHN HENDERSON, W. BORTIIWICK, City Clerk. • Mayor. 1ST BKTWEKN The Ottawa Electric Railway Company AND The Corporation of the City of Ottawa. MEMORANDUM OF AGREEMENT mado this third day of June, in tiio year of our Lord, one thounund uiglit hundred and ninety-five. Between THE OTTAWA ELECTRIC RAILWAY COMPANY (Hereinafter called the Company) Of the First Part; AND THE CORPORATION OF THE CITY OF OTTAWA (Hereinafter called the Corporation) Of the Second Pj-.rt ; WHEREAS it has been agreed by and i)etvveen the (Jom- Eany and tlie Corporation to amend a certain agreement made etween the parties hereto, and dated the 8th day of April, A. D. 1895, by substituting a route along Somerset Street, Isabella Street, Reserve Street and Division Street, for the route named in the said agreement for connecting the present street railway system in the City of Ottawa with the Experimental Farm in the Township of Nepean. NOW THIS AGREEMENT WITNESSETH that for the purpose of carrying out the spirit and intent of the agreement hereinbefore recited, the said agreement of the eightli day of April, 1895, be and and the same is hereby amended by striking out the words: '"The Richmond Road from Broad Street to " Preston Street and upon and along Preston Street from the " Richmond Road to Cedar Street," where they occur in the 4th, 5th and 6th lines of page four of said agreement, and by insert- ing in lien thereof the following words: " Somerset Street from '* Bank Street westerly to Isabella Street, thence upon and along '• Isabella Street, Keservo Street, Division Street and Cedar " Street to the westerly side of Preston Street." ' AND THIS AGREEMENT FURTHER WITNESSETH that the covenants, stipulations, conditions and terms contained in the said agreement of the eighth day of April, 1895, are here- 88 hy iiiado applicable to tlie Hiil)stitutuiJ liiiuu of struct railway Ueny in mentioned in tlie same niantier and to the Harne extent as if the eaid lines of street railway wore mentioned iri tlie said agree- ment of the eighth day of April, 1805. IN WITNESS WIIERKOF the said parties hereto have '.lereunto eansed their respective Corporate Seals to bo hereunto Jiflixed under the hands of their proper officers in that behalf. THE OTTAWA ELECTRIC RAILWAY CO. Signed, sealed and delivered ) (sgd.) J. W. McRAE, in the presence of: v Pre»i'dent, 3 [seal.] (8gd.) .lAMESD. F-RASER. Secy.-Treas (sgd.^ W. BORTHWJCK, Mayor. [seal] (sgd) JOHN HENDERSON, City Clerk. i 1 HR- ^ 1 ^^B! M -A-Q K/EH33V^BITT HKTWKKN The Corporation of the Village of Hintonburgh AND The Ottawa Electric Railway Company Hth may, 1895. By-Law No. 41. BEING A BY-LAW RESPECTING A STREET RAILWAY. WHEREAS nrider and by virtue of certain Acts of Parlia- Fr«v«;?hT'' *? M *''^I"dent.,re of Agreement bearing date the E^eventhdayof May, A.D. 185)5, was made between the Cor- ffioTtaw/F?T^-%'^^ Hintonburgh, of the First Part, and dayoTM^ay. A-d'S'I"^ '"^'^ '" '"'^"'^^^^ ^ '^'^ ^'--*»» Bbtwebn THE CORPORATION OF THE VILLAGE OF HINTONBURGH (Hereinafter called the Corporation) Of the First Part : AND ' THE OTTAWA ELECTRIC RAILWAY COMPANY (Hereinafter called the Company) Of the Second Part ; VV HERE AS The Company is duly incorporated under va,,ou8 Act., and .s no,y a body corporate ^nder the legiskti'J to Authority to cunHtruct iinil ■iptntr. PropelllnR puwor. BlelBhff nmy lie UHed ill wintir. Route. ProTiRion for delay in con- Btnicting. Other streets may be BUbsti- tuted. authority of the Parliament of Cinuda. midor and by virtue of the Act of the Purliaincntof (yanada, fifty-seventh and fifty-eightli Victoria, Chapter ciglity-nix. AND WIlKREAiS the Haid Citiiipuiiy iian aakod permission from the said Corporation to bnild lines of street railway, as here- inafter mentioned, within flie limits of tlio Municipality of Hin- tonhurffh, and the said (Jorporation have agreed to grant such permicsion npon the terms and (ronditioiis hereinafter contained. NOW THIS INDENTfTHE WITNESSETH : 1. That in cim^idoration of the covenants and agreements on the part of the Raid Company in these presents contained, the con- sent, pel mission and anthority of the Corporation is hereby given and granted to the Company and its assignii to construct, com- plete, maintain and operate dnriiiij the term of twenty years, to be computed from tlie date of tliLs aa:reement, a double or single iron or steel street railway, the pio|)eliing power of which shall he electricity or (with the consent of the Corporation) any other power, excepting steam (except during the period of winter, when the Company may when necessary, substitute sleighs drawn by horses), with the necessary piinent so far as the s:une shall not be inconsistent herewith . 2. That fl'ud Company shall construct, equip and have in operation, not later than the first September, A.D. 1895, the following lines of railway : Commenoing upon (Jedar Street at the western end of Cedar Street Bridge, theJice along and upon the said street to the inter- section of the same with the Richmond Road, thence crossing the Richmond Road to Young Street, thence along ana upon Young Street to (Tilchrist Street, thence along and upon Gilchrist Street produced to Grant Street or James Street at the option of the said Company, to be expressed to the Corporation within thirty days from the date hereof, thence along and upon such streets as the Company may select to such objective point in the said Village, as the said Company may at its option determine. PROVIDED that the Company shall not be obliged to have their line in operation by the date above mention^crd, if they should be delayed either in obtaining power from the proper authorities to cross the railway bridges at Cedar Street, or in obtaining the right-of-way upon any of the streets above mentioned. 3. The said Company may with the consent of the Corpora- tion to be expressed by by-law, substitute other streets or parts thereof for the purpose of reaching the objective points bo deter* piined by the said Company. above 91 4. The said Company eltall also be entitled with the consent T™';^,J,JJ*y^** Hnd approval of the (Jorporation exproHsod by by-law to extend the »>.r<-eu than Street Railway service to any other (»f the streets (»t the Vllln^e '"** "*'""' ' of Ilintoiiliiiruih, although the saiiie are not herein tipecially named . 5. The Corporation shall ^rant to the said Ooinpany I l^ll Aiitliiirlty tiinu ■Vctrlc )MiwBr liconHcs, iit;ht8 and privilei/os nceessary for the proper and ef ami nuinmin cient use by electric, power, or with tlie coinent ot tlie Corpora- tion any other power except steam, to operate the ears upon the said streets. inclndinK the rijjjht to open the ^aiy '"^ Ottawa Electric Railway Company, while running on the railway"""'" ' tracks of the said Company situate on the streets of the Village of riintonburgh, shall have the right to use the said railway tracks and the parts of the said streets within the said railway tracks as against all other conveyanci's and vehicles, and against all persons, aiimiils and things whatsoever, except as hereinafter mentioned. 10. Every person travelling upon the said railway trackscart.etc, notto or any pai't thereof, or on any part of the said streets within the tue^pSbu".'***'''' said railway tracks, either alone, or with a vehicle, sleigh or any other conveyance, or leading or driving a:iy animal thereon, shall, whether meeting or proceeding in the same direction as the said cars, carriages or snow-cleaning machines of the said Company, turn out of the said railway tracks and permit the said cars, carriages and snQW-cle^ning njachines to pass, and shall in no case Hi -^■- 9S ti Authority tuiisi passenger can, Ac. CoinvHiiy's wireH not to be c^oii nected with water or sprvi pipos. Exclusive riglitx to 1st Janiiiiry, 1910. and under no pretense whatever wilfully obetrnct, hinder or deliiy the free passage and use of the said railway tracks by the said cars, carriages and snow cleaning machines of the said The Ottawa Eloctiic Railway Coiupany. 11. Tile said Company is hereby authorized to use passenger and other cars as the Corporation may determine, and to take, transport and carry passengers and baggage upon the same. 12. The said Company shall not in any case connect any of its wires witli the water pipes or service pipes or with any of the appliances in connection therewith without the consent of the Corporation, and the said Company shall and will at its own expense remove any such connections when required to do so by the said Corporation, and shall and will pay to the said Corpora- tion any damages and expenses that the said Corporation may have incurred or may be put to by reason of the said connections having been made. 13. The Corporation ^^hail not before the iirst day of Janu ary, A.D. 1010, grant autliority to any company, private individual or firm to construct and operate a street railway in any other part of the V^illage of.IIintonburgh,and in the event of any company, private individual o'* firm thereafter proposing to con- struct street railways on any of the streets of the Village of Hintonburgh, including tiie streets mentioned in this agreement and not occupied by the Company, and the Corporation determin- ing that there should be street railway service on such streets, the matter and substance of the proposal shall be notified to the Company and the option of constructing such proposed railways on the conditions contained in this agreement shall be offered to the Company, but if such option shall not be accepted by the Company within thirty days thereafter, or if the same having been accepted, the Compuny shall not proceed witli the necessary works and complete the same within the time limited by the Corporation, the Corporation may grant the authority to any company, (organized after the above date), private individual or firm, and the Corporation and its grantees shall be entitled to cross the lines of the said Company with such railways as are authorized by this clause. ]^«ciu8iv. In case the Company shall fail to keep in a proper and sufficient state of repair the tracks of the railway so far as the Company is under the terms of this agreement liable so to do, the Corporation after one week's notice in writing to the superinten- dent, which may be served at the office of the Company in Ot- tawa, may do the said repairs at the expense of the (/Otnpany, and the amount so expended may be recovered from the Company in any court of competent jurisdiction. 27. If the Company shall at any time permit any portion of the railway to become out of repair, or as in the opinion of the Corporation it should not be, the Company shall not, if so required by the Corporation, operate such part of the railway as may be reported out of repair until the necessary repairs have been made to the satisfaction of the Corporation . 28. When it is necassary that the Company's tracks siio'i'd f'ro.ij the tracks of any railway company, or any of the works or property subject to any Govennnent. the Corporation shall, if thereunto required by the Company, join with the Company in SS ! 95 the application to obtain such privileges, tlio Company paying the expenses of such application. 29. In the evei.t of the Company rnnning its cars on wheels C'^^fny •« «■ during the winter months, the Company shall at its own expense certain strocu' remove the snow from the portions of Young street, Gilchrist street and Grrant street or James street occupied by the tracks of the Company, from curb to curb, includi;ig such snow as njay be deposited upon the said streets from sidewalks on such street8,and also such snow as may slide or naturally fall from roofs of build- ings on to such ctreets, or oii to such sidev alks and be thence reuioved to such streets. Provided, however, that snow to such a depth as may be determined by the Corporation from time to time shall be loft on the roadbed for sleit>uing, and in the event of the Company neglecting to remove the snow from the said streets as and when directed by the Corporation, the same shall be removed by the Corporation and all the costs of such removal and all expenses incurred by reason of such non-removal by the Com- pany shall be paid by the Company to the Corporation on demand • 30. Whenever it shall be necessary to remove any snow or si"*""*' ''« to ice from the track of the railway, the same shall not be left in on'tho''rtreet8.' heaps, but be spread evenly over the street, or removed as shall be directed by the officer of the Corporation for the time being charged with the supervision of the streets. 31. The Company shall not make use of salt except on their sait. rails. 32. In the event of the Companj' using wooden poles for thePo'«8. support of the electric wire on the streets, suuh poles shall bo uniiorni and shall be dressed, shaped aJid painted to the satisfac- tion of the Corporation. 33. Should the Company at any time cease to regularly use po'os. wires and for the purpose of their rail .vay for a period of six months the nwvod in c^r' poles and wires or tracks placed in the streets, the Company shall ""' '****•• forthwith at their own expense remove such poles, wires and tracks, and put the streets in proper repair, and in default thereof the Corporation may do so and charge the expense thereof to the Company. 34. In the Summer months the Company shall run cars at. ^^jJJJJjnK *'"ie, intervals not exceeding twenty minutes each way between the hours of six a.m. and eight p.m. and every half hour between the hours of eight p.m. and eleven p.m. 35. In the winter months the cars shall run at intervals not ^"""'"8 *'•"«> exceeding thirty minutes each way between the hours of 6:30 a.m. and 10:30 p.m. 36. In the event of the neglect or failure on the part of the Penalty for neg- Company to run their car or cars as required by paragraphs 34iariy." •'""■^k"- and 35 of this agreement,except when prevented by (1) lightning, (2) ice or a heavy fall of snow, (3) obstruction on the rosid beyond their control, (4^ any other cause which the Council for the timQ li: : 96 li FareH, Tun. Tranirera. Reduced rates at certain houra. Fares— Bihool children, Standard time. being may allow or excuse as the occasioii may arise, the said Company eliall in all snch cases of failnrr forfeit and pay to the Corporation the snni of $10 as liqnidated damages, unu not as a penalty. 37. No highei* faro than five cents shall be charged for the conveyance of one passenger from one point to another on the said line and branches thereof within the piTsent and any future limits of the V^illage of Ilintonbnrgh, and fi-om thence to any point within the present limits of the City of ()tta\v;i or to the Experimental Farm, and for children nnder ten years of age no higher fare than three cents shall be charged, except between the hours of twelve o'clock midnight and five thirty a.m. 38. BetwcGi! the honrs of twelve o'clock midnight and five- thirty a. w. the Company may chaige a faro of not more than ten cents for the conveyance of each passenger carried by them. 39. When cars do not rnn from one point to another, the Company shall issue transfer tickets without extra charge, avail- able for a continuous trip only, to such passengers as require them to reach such points, but no passe.-ger shall be entitled to a transfer ticket whii'.li will enable him to make a return journey upon one of the parallel lines of the Company. 40. The Company agrees to issue tickets at reduced rates to workingmen and others. at the rate of thirty-three tickets for one dollar, or eight tickets for twenty-five cents, good from the first trip in the morning until seven-thirty a.m., and between the honrs of five and six-thirty p.m., and to carry school children . under fourteen years of age to and from school at the rate of forty tickets for one dollar, good between the hours of seven and nine-thirty a.m., eleven-thirty and one thirty p.m., and three- thirty and five p. m . 41. In the clauses of this agreement in which the time of day is mentioned, such time shall be understood to moan standard time at the City of Ottawa. Faros— When payable. 42. Fares shall be due and payable by every passenger on entering the car or other conveyance and any person refusing to Penalty for re- p^.Y the fare whcu demanded by the conductor shall be liable to fusai to pay laro. a -^ue not oxcecding $5.00, recoverable i eforc any justice of the peace, in and for the County of Carleton. 43. The Company and their servants and officials shall con- form to the regulations in the schedule hereto annexed and such further and other regulations as the Corporation shall from time to time deem requisite or necessary, and enact for the protection of persons .md the property of the public. Meaning of the 44. In this agreement, unless the context otherwise requires "Ck!?" the expr fsion "track" shall mean the rails, ties, wires and other \vprk8 of the ppmpany U8§d in CQnnection therewith- The Company, their servants and ofHclals to conionn to the reKulations in Schedule. 45. When necessary in case of fire the chief or person in B'Kj?t«<>'c''ie' (iiiargo of the fire brigade shall Iiavethc right to cut or pnll down or iwrmm iH* * any wires of tiie Company which obstruct the operations of the*''""*' firemen, or to direct that tiiey shall bo so cut or pulled down, and also to require the Company to stop the running of their cars to or near the building or buildings which may be on fire, and the Corporation shall not be liable for any loss or damage thus caused. IN WITNESS WHEREOF the parties hereto of tho First Part have lurounto caused their Corporate Seal to be affixed under the hand of their Reeve and Clerk, and tho party hereto of the Second Part liath caused its Corporate Seal to be hereunto afiixed. Signed, sealed and delivered ^ (Sgd.) JOHN O'MEARA, • , I £ I Reeve of Hintonburg. in tlie presence oi y r^all (Sgd.) F. H. CHRYSLER. J (Sgd.) W. A. MASON, Clerk. THE OTTAWA ELECTRIC RAILWAY CO. (Sgd.) J. W. MoRAE, President. . [Seal] (Sgd.) JAMES D. FRASER, Secretary-Treasurer. SCHEDULE. Tho following rules and regulations in regard to the working of the railway shall be observed by the Company and the officers and servants thereof : 1. The Company shall cause each car or other vehicle used by it to be numbered. 2. The cars or other vehicles shall be propelled by electricity except during tlie period of winter, when, whenever necessary to use the same, sleighs drawn by horses or propelled by electricity may be used. 3. Sliould there be »ny foot passeiigere on any crossing be- fore the car approaches the same the car shall be stopped so as to permit such passengers to cross. 4. Each car is to be supplied with a gong which shall be sounded by the driver when the car approaclies to within fifty feet of each crossing. 5. The cars shall not be wilfully driven against any person or animal whilst being upon or crossing any of the streets of the village. 6. No cars shall be allowed to stop on or over a crossing, or in front of any intersecting streets, except to avoid a collision or 98 prevent danger to persons in the streets, or for other unavoidable reasons, and no cars sliali he lett or remain ' in an Indenture of Agreement embodied in By- law No. 41 of the Village of Hintonburgh, a certain Indenture of Agreement bearing date the sixteenth day of August, A.D, 1895, was made between the Corporation of the Village of llin-; tonburgh of the First Part and the Ottawa Electric Railway Company of the Second Part, in the words and figures fol- lowing : This Indenture made in triplicate on the 16th day of August A.D. 1895, Between THE CORPORATION OF THE VILLAGE OF HINTONBURGH, (Hereinafter called the Corporation,) of the First Part ; AND THE OTTAWA ELECTRIC RAILWAY COMPANY, (Hereinafter called the Company,) of the Second Part ; WHEREAS the said parties hereto on the eleventh day of May, A.D. 1895, entered into an agreement (hereinafter called the original agreement) respecting the construction of certain lines of street railway in the said Village of Hintonburgh upon the terms and conditions mentioned and set forth in the said original agreement. And whereas the said original agreement was afterwards duly confirmed and ratified by a By-law of the said Corporation, being By-law No. 41 of the Village of Hintonburgh. And whereas by section three of the said original agreement it was provided that the said Company might, with the consent of 101 the Corporation, to he oxprussed by liy-ltiw, siibstituto other 8ti jotB or parts tlicrcof for the purpose of rcachiii}^ tlie objective points ileterinined by tho ...!'' Coinpany. And whereas the said Company have arranged tliat The Hy Town and Ncpean Iloiul Company siiiill {^rant to the Corpora- tion that poitioii of ttie Richmond Roiid from the limits of the City of Ottawa to a point west of tiie intersection of the Uich- mond Road by Qneen street, upon the following among othor conditions, namely, that u new utrcet he upened up for public travel north of the Richmond Road 'rom Emily street to t^ueen street, following Emily street r ortherly to (Caroline street, thence westerly along Caroline street exi ended westerly through the Armstrong property to Gilchrist street, thence along the lino of C-iilchrist street, and Gilchrist street extended westerly to Second avenue, and thence to James street, and by way of James street to Queen street aforesaid, which route from Merton street west- ward is shown and laid down in green colors on a plan prepared by C. A. Bigger, Esnuire, O.L.S., dated iWst July, 1895, and now of record in the Registry Office of the County of Carleton. And whereas the Company have applied to the Corporation to consent to the substitution of the Richmond Road from its intersection by Cedar str. et to a point west of its intersection by Queen street for the route mentioned in clause two of the said original agreement, and the Corporation have agreed to such substitution upon the terms and conditions following : 1. The parties hereto agree to amend section two of the said original agreement by striking out the words ''crossing the Rieh- " mond Road to Young street, thence along and upon Youijg '• street to Gilchrist street, thence along and upon Gilchrist street •' produced to Grant street or James street at the option of the " said Company to be expressed to the Corporation within thirty " days from the date hereof" in tlie said section, and by inserting in lieu thereof the words, "along the Richmond Road to a point " west of Queen s^-eet, where the Richmond Road is intersected " by a street hereu.ter to be opened upon the property known as '' the Holland property." 2. Notwithstanding the change in the route of the railway as provided in the previous section of this agreement, the said Corporation and the said Company respectively figree to carry out the provioions of the said original a;jjiocment subject to the changes herein contained and for tlie purpose of muking the said original agreement applicable, the said parties hereto agree as follows : 3. The Company agree to do all the grading required be- tween the Cedar street bridge and the Richmond Road, and along the Richraoud Road as far as its lines of railway are carried upon the said Richmond Road, so as to put the said streets between the said points in prober repair for public travel thereon of the width of thirty feet throughout and graded to the level of the wile pf the Company vvhen laid thereon, and said raii» eb'*!! m [ \ ■■«! 102 not, when tlio work is comploted, projocf nhovo the fiiirfacc of tiio Btrcet inoru than one hiilf-iiicli ; all work iiii.ler tliU cIuiihu to he executed to tlie satisfaction of the (Jorporation. 4. Section niiinhor six of tiie said original ugroeiiient iH hereby al)ro{jat«!(l iiiid rescinded, atid the following section is ajrreod to Uh suhstitnted therefor. 5. "The Corporation aa:ree to provide and open a street for " public travel Ity way of Emily street, (Caroline street extended '■ wecterly, Gilchrist street, Second avenue and James street from '• the intersection of the Flichinond Iload hy Emily strtot to " Caroline street, thence alonj? (/aroline street extended westerly " through the Armstrong property to Gilchrist street, thenco '• along Gilchrist street and Gilchrist street extended westerly to " the eastern end of Second avenue, thenco westerly to James " street and thence by way of James street to Queen street, as " the same is defined and laid down in green colois upon the " registered plan of the said proposed street drawn hy Charlen A. " Bigger, O.LS., dated thirty-fiist July, 1895 ; ;ind tlie Comp iiy " agree to do all the giading required between the Richmond " Road and Queen street so as to put the said proposed street '• between the said points in proper repair for public travel as fol- " lows : Graded to the width of thirty feet, twenty feet of such " thirty feet to be macadaniized,and fourteen feet of such twenty " feet to have nine inches of macadau), or in case of rock filling " six inches v>f macadam, the centre line of roadway when com- " pleted to lie graded to the level shewn upon the profile prepared "by F. A. ilibbardj C.E., and accepted by said Bigger as '• shown by his signature thereon ; all work under this clause to "J)e executed t( the satis'^'^-'-'ou of the Corporation," which said •* profile is dati . the tenth day of August, A. D. 1896. 6. Section number seven of the said original agreement is hereby rescinded and abrogated by consent of the parties and the following section is agreed to be substituted therefor. 7. " The Company also agree to construct the necessary cnl- " verts upon the said proposed new street by way of Emily " street, Caroline street extended westerly, Gilchrist street, "Second avenue, and James street between Young street and " Queen street, and to efficiently repair the culverts on that por- " tion of the Richmond Road traversed by the railway." 8. The said Company also agree to divert and excavate the creek running through said proposed street to the grade shown on the profile aforesaid, the said creek to be seven feet wide across the. top and four feet wide at the bottom. The said crook shall be diverted so as to follow the southerly boundary of said proposed street from the westerly lin)it of lot number six hundred and eighty-three on registered plan one hundred and fifty-one Hintgistr8tion . Certaiu ri((lits not aflectej. Transfer of bonds, kc. Is It- I l¥r 2. Tiie rights given by this section shall not be exercised by any such holder unless it is so provided by the mortgage deed nor unless the bond, debenture or other security, in respect of which he claims to exercise such rights has been registered in his name, in the same manner as the shares of the company are re- gistered, at least ten days before he attempts to exercise the right of voting thereon ; and the company shall be bound on demand to register such bonds, debentures or other securities, and there- after any transfers thereof, in the same manner as shares or trans- fers of shares : 3. The exercise of the rights given by this section shall not take away, limit or restrain atiy other of the rights or remedies to which the holders of the said bonds, debentures or other securities are entitled under tlie provisions of such mortgage deed. Oy. All bonds, debentures or other securities hereby an thor- i^^ed may be made payable to bearer and shall in that case be transferable by delivery, until registration thereof as herein- before provided, and while so registered they shall be transferable by written transfers, registered in the same manner as in the case of the transfer of shares. not^''mry'be **' "^'^^ Company may become party to promissory notes and issued. bills of exchange for sums r.ut less than one hundred dollars ; and every such note or bill made, drawn, accepted or indorsed by the president or vice-president of the company, or other officer authorized by the by laws of the company, and counter-signed by the secretary, shall be binding on the company ; and every such note or bill of exchange so made, drawn, accepted or in- dorsed, shall be presumed to have been made, drawn, accepted or indorsed with proper authority until the contrary is shown ; and No seal required, in no case shall it be necessary to have the seal of the company affixed to such promissory note or bill of exchange, nor shall the president or vice-president or secretary or other officer so author- ized be individually responsible for the same, unless such promis- sory note or bill has been issued with'but proper authority ; but Notes not to lie nothing in this sectiou shall be construed to authorize the coni- '"'^'"° pany to issue any note or bill payable to bearer, or intended tQ 06 circulated as money or as the note or bill of a bank , pay bftftrer. 109 fl,?r.?fn;. ^A7l ^"«^»PP'-ov«l '« given, notice of the application Notice c appii. herefor 8liall be published m ihe Canada Gazette iov at leastSvIf two months pievionelj to the time therein named for the ,„X ing of such apphcation ; and snch notice shall state a time and place when the application is to be made, and that all persons interested may then and there appear and be heard on snch ap- ; I I 1 i lid Clauses of "The Companies Act," 40 Vict., Chap. 43, Sec. 1, which apply to 55-56 Vict,, Chap. 53 : Effect of the 101. Upon the Completion and perfection of the said agree- perfeS. "'""ment and act of consolidation, as provided in the next preceding section, the several corporations or societies, parties thereto, shall be deemed and taken to he consolidated, and to form one corpor- ation, by the name in the said agreement provided, with a common seal, and shall possess all the rights, privile,'2;e8 and franchises of each of such corporations. 40 V., c. 43, s. 102. BusinesB and rights of both companies vested in new company. Proviso ; saving riglits of third parties. 102. Upon the consummation of such consolidation as afore- said, all and singular the business property, real and personal, and all rights and incidents appurtenant thereto, all stock, mortgages or other securities, subscriptions and other debts due on whatever account, and other things in action belonging to such corporations or either of them, shall be taken and deemed to be transferred to and vested in such new corporation without further act or deed : Provided, however, that all rights of creditors and liens upon the property of either of such corporations shall be unim- paired by such consolidation, and that all debts, liabilities and duties of either of the said corporations shall thenceforth attach to the new corporation, and may be enforced against it to the same extent as if the said debts, liabilities and duties hpd been incurred or contracted by it ; and that no action or proceeding, legal or equitable, by or against the said coTporations so consoli- dated, or either of them, shall abate or be affected by such con- solidation, but for all the purposes of such action or proceeding such corporation may he deemed still to exist, or the new corpor- ation may be substituted in Buch action or proceeding in the place thereof. 40 V., c. 43, a. 103. Ill Clauses of "The Companies Act," as amended by Chap. 20 of 1887, which ai)ply to 55-56 Vict., Chap. 53 : "OS- Tlic Coinpiiny may unite, aiiialgaiiiiito and consolidate its company may stock, property, hiisitu'ss and franoliihes witli tlioso rtf any other anoH,eriom- company or socioty incoiporated or chartered to transact a like '""'',?'■'"";?•'*"* business and any other business in connection with sucii business, or with those of any buildintij, saviiij^s or loan company or society lieretofore or hereafter incorporated or chartered, or may sell its assets to ^ny such other company or society, wliich is hereby authorized to purchase the same, or may purchase the assets of any other such company or society, which is hereby authorized to sell the same, and for the purpose of carrying out such pur- chase or sale, the company so purchasing may assume the liabili- ties of the company so selling and may enter into such bond or agreement of indemnity with the company or the individual shareholders thereof or both as may h^ necessary, and may enter into all contracts and agreements necessary to such union, amal- gamation, consolidation, sale, purchase or acquisition." "99. The directors of the Company and of any other such ^™e"ient for ...'^.•'. , ''. , ,, union, how made company or society may enter into a joint agreement under Ihe and what to corporate seals of eacli of the said corporations for the union,*'™*'''*' amalgamation or consolidation of the said corporations, or for the sale by the Company of its assets to any otln such company or society, or for the purchase and acquisition by the (/ompany of the assets of any such company or society, prescribing the terms and conditions thereof, the mode of carrying the same into effect, the name of the new oorporition, the number of directors and other officers thereof, and who shall be the first directors and of- ficers thereof, the manner of converting the capital stock of each of the said corporations into that of the new corporation, with such other details as they deem necessary to perfect such new organization, and the union, apn.\lgamation, and consolidation of the said corporations and the after management and working thereof, or the terms and mode of payment for the assets of the company by any other such company or society purchasing the same, or for the assets of aii}> other such company or society pur- chased or acquired by the company." "lOO. Such agreement, or if no agreement has been entered Approval of into but an offer has been made by another company or society '''*"*"**'**"" under its corporate seal for the purchase of the assets of the Com- pany, or if the Company has made any offer under its corporate seal for the purchase of the assets of another Company or society, then such offer shall be submitted to the shareholders of each of the said corporations at a meeting thereof to be held separately for the purpose of taking the same into Qonsideratioa ; 112 Notice of meeting fnr each purpose. "2, Notice of the time and place of such meetings and the objects tliorcof shall l)e given by written or printed notices ad- Proceedings at meetings. ir the agree- ment is adopted or the ('ffer accepted. dressed to each sharuholdci- of the said corporations respectivolj, at liis last known post office address or place of residence, and also by a general notice inserted in a newspaper published at the chief place of business of snch corporations once a week for six successive weeks : "3. At snch meetings of shareholders such agreement or offer shall be considered and a vote Ity ballot taken for tlie adoption or rejection of the same, each share entitling the holder thereof to one vote, unless otherwise pi'ovidcd by the by laws of the said respective corpointions, and the said ballots being cast in person or by proxy ; and it two-thirdsof the votes of all the shareholders of such corporations representing not less than two-thirds in value of the paid up ca]»ital stock of each shall br for the adoption of snch agreement, or the adoption and acceptance of sucii offer, then that fact shall be certified upon the said agreement or offer by the secretary oi- manager of esich of snch corporations under the corporate seals thereof : "4. If the said agreement is so adopted or the said offer so adopted and accepted at the respective meetings of the share- holders of each of the said corporations, the agreement so adopted or the offer so adopted and accepted and the said certificates thereon shall be filed in the office of the Secretary of State of Canada, and the said agreement or offer shall thenceforth be taken and deemed to be the agreement and act of union, amalga- mation and consolidation of the said corporations, or the agree- ment and deed of purchase and acquisition of the assets of the Company by such other company or society so purchasing or by the Company of the assets of the company or society 80 selling, as the case may be ; and the assets of the company selling shall thereupon, without any further conveyance, become absolutely vested in the Company purchasing, and the Company purchasing shall thereupon become and be responsible for the liabilities of the Company or society so selling, the whole as fully and effectually to all intents and purposes as if a special Act •were passed with that object ; and in dealing with the assets of the (/ompany selling it shall be sufficient for the Company pur- chasing to recite the said agreement and the filing thereof in the office of the Secret'\ry of btate of Canada . "5. A copy of such agreement or offer so filed and of the cer- tificates thereon properly certified shall be evidence of the exis- tence of such new corporation or of such purchase and acquisition : " Due proof of the foregoing facts shall be laid before the JJ,'^ ^^^y*" Governor in Council, and the Governor in Council may issue letters patent to the new corporation and notice thereof shall be duly published by the Secretary of State in the VanadaGazette, ftfter which the new corporation may transact business : " 7. The shareholders who may vote at such meetings shall be those only whose names are duly entered in the books of the re- spective corporations at the date of the first publication of the notices calling such meetings, and they shall vote upoQ the shares onlj' then standing in their respective names." Effect of agreement. Copy to be evidence. Letters patent Who only may vote at such meetings. 11;^ Clauses of *' The Companies Clauses Act," which apply to 55-66 Vict., Chap. 53 : eiTORTTlTLK. 1. This Act may be cited i\» ^^ The Companies Clauses Act" b^'*^*'^*^ 32-33 v., c. 12, 8. i. INTEKl'BETATION. 3. In this and the special Act, unless the context otherwise inten>ret«tiou. requires, — («.) The expression "the special Act" means any Act incorpor-"8peci»iAct." ating a company to which tliis Act applies, and with which this Act is incorporated, as heroinal'ter provided, — and also all Acts amending such Act ; (b.) The expression "the company" means the company incor- "Oo'np^ny" porated under the special Act ; (c.) The expression "the undertaking" means the whole of the "Undertaking. works and business of whatsoever kind, which the company is authorized to undertake aiid carry on ; (''ier." holder of stock in the company, and includes the personal repre- sentatives of the shareholder. 32-33 V., c. 12, s. 2. ihall be the re- of the shares APPLICATION OF ACT. 3 . This Act applies to every joint stock company incorporated A^^'g^j 2i' "' subsequent to the twenty-second day of June, one thousand eight what companies. hundred and sixty-nine, by any special Act of the Parliament of Canada, for any of the purposes or objects to which the legislative authority of tlie Parliament of Canada extends, except companies for the conotruction and working of railways, or the business of banking and the issue of paper money, or insurance,— and, so far as it is applicab'e to the undertaking, and is not expressly varied or excepted by the special Act, is incorporated with it, and forms part thereof, and shall be construed therewith as forming one Act. 32-33 v., c. 12, 8. 3. 4. Any of the provisions of this Act may be excepted from how provigion* • -ii ii • I A i 3 r i\ ^ 'A. i i; of this Act may incorporation with the special Act ; and for that purpose it shall be excepted from be sufficient to provide in the special Act that the sections or'^j^^^™^^ sub-sections of this Act which it is proposed so to except, refer- ring to them by the numbers they bear, shall not be incorporated with the special Act, and the special Act shall be construed ac- cordingly. 32-33 v., c. 12, 8. 4. 114 Senpral cor- |>onit(t powers of coinpanler. Powers to be gulijectto this Act, unless excepted. OKNICRAF. rUWKKS. 5. Every company iiicorporatocl niulor any special Act sliiill bo a body corporato under flio nanu) declared in the special Act, and may accjnire, hold, alienate and convey any real property necessary or reqnisite for the carrying on of the nndertakin<; of fiuch company, and shall be invested with all the powers, privi- legtsand immntiities necessary to carry into effect the intention and objects of this Act mid of the special Act, and which are incident to snoh corporation, or are expressed or inelnded in "■The Jnterprttatum AetP 32-3:^ V., c. 12, s. 5. 6. All powers given by the special Act to the company shall bo exercised, subject ti> the provisions and restrictions contained in this Act, except such as are by the special Act expressly ex- cepted from incorporatiui! with it. 32-33 V., c. 12, 8. 6. Directors Provisional directors. Qualification of directors subseqiiently appointed. Election of directors ; term of office. General pro- visions. At to elections. Notice of genenil meetings. Votes. DIliKCfOrtS — TIIKIR UDTIKS AND I'OWKIW. 7. The affairs of the company shall be managed by a board of not more than nine and not less than three directors. 32-33 V., c. 12, 8. 7. H The persons named as such, in the special Act, shull be the first or provisional directors of the company, and shall remain in office until replaced by directors duly elected in their stead. 32-33 V,c. 12, 8. 8. O. No pei'son shall be elected as a director unless he is a share- holder, owning stock absolutely in his own right, and not in arrear in respect of any call thereon ; and the majority of the directors of the company so chosen shall, at all times, be persons resident in Canada, and subjects of Her Majesty, by birth or naturalization. 32-33 V., c. 12, s. 9. 10. The directors of the company ehall be elected by the shareholders, in genei-al meeting of the company a!:sembled, at such times, in such manner, and for such term, not exceeding two years, s the special Act, or in default thereof, as the by-laws of the c( pany prescribe. 32-33 V., c. 12, 8. 10. 11. In the absence of other provisions in that behalf, in the special Act or the by-laws of the comptvny, — (a.) The election of directors shall take place yearly, and all the directors then in office shall retire, but if otherwise qualified they shall bo eligible for re-election ; (6.) Notice of the time and place for holding general meetings of the company shall be given at least ten days previously there- to, in some newspaper published at the place in which the head office or chief place of business of the company if, situated, or if there is no newspaper there published, then in the newspaper published nearest thereto ; (c.) At all general meetings of the company every shareholder ehall be entitled to as many votes as he owns shares in the com- pany, and may vote by proxy ; 116 (d.) Elections of directors shall bo by ballot ; naiiot. ( lie penioiml eitate. Allotment of atock. Instalments thereon : how railed in, &r. CAPITAL STOCK AND 0ALL8 THEREON. Iff. The stock of the company shall be personal estate, and shall be transferable in such manner only, and sui)joct to such conditions and restrictions as are prescribed by this Act, or by the special Act or the by-laws of the company. 32-33 V., c. 12, B. 15. 16. If the special Act makes no other definite provision, the stock of the company shall be allotcd at such times and in such manner as the directors, by by-law or otherwise, prescribe. 32-33 V.,c. 12,8. 16. 17. The directors of the company may call in and demand from the shareholders thereof respectively, all sums of money by them subscribed, at such times and places and in such payments or instalments as the special Act, or this Act, requires or al- lows ; and interest shall accrue and fall due, at the rate of six per centum per annum, upon the amount of any unpaid call, from the day appointed for payment of such call. 32-33 V., c. 12, 8. 17. \9. The company may enforce payment of all calls and inter- est thereon, by action in any court of competent jurisdiction , and in such action it shall not be necessary to set forth the special matter, but it shall be sufficient to declare that the defendant is a holder of one share or more, stating the number of shares, and is indebted to the company in the sum of money to which the calls in arrear amount, in respect of one call or more, upon one share or more, stating the number of calls and the amount of each call, whereby an action has accrued to the company under this Act; and a certificate under the seal of the company, and pur- porting to be signed by any officer of the company, to the effect that the defendant is a shareholder, that such call or calls has or have been made, and that so much is due by him and unpaid thereon, shall be received in all courts K&priraa facie evidence thereof. 32-33 V.. c. 12, s. 19. Or by forfeiture 2©. If, after 8uch demand or notice as by the special Act or the by-laws of the company is prescribed, any call made upon any share or shares is not paid within such time as by such special Act or by-laws is limited in that behalf, the directors, in their discretion, by resolution to that effect, reciting the facts and duly recorded in their minutes, may summarily declare forfeited ^.ny shares whereon such payment is not made ; and snch shares shall thereupon become the property of the company, and may bo dis- posed of as the directors by by law or otherwise prescribe. 32-33 v., c. 12, 8. 20. Payment of Kails ; enforce- ment of, by action. 117 31. No share ^liall be transferable, until all previous calls RmtrutionM to tliereoii lisivu hoen fully piiid, or until it is declared forfeited for "'"'*■■• non-payment uf a call or calls tlieroon. 32-33 V., c. 12, s. 21. 33. No sliarcliolder who is in arreiir in respect of ""y call "I'".'^'"/^'''", ,,, shall vote at any meeting of the eoinpnuy. 32-33 V., c. 12, s. 22. vok HOOKH OF THE COMPANY. StcH'k Ixtok to Ih! kept ; iUuun- txntu. Niiiiivit uf aliare- linMvn Aildro.Mitra. Nuinlier of Aniountii lutld und iiDpald. TritiiHrsn. NanicH, iio., of clIreutorR. 38. The company shall ciiuso a hook or books to be kept bv the secretary, or by some other officer especially charged with that duty, wherein shall be kept recorded, — (a.) The names, Hlph.ibetically arranged, of all persons who are or have been shareholders ; {b.) The address and calling of every such person, while such shareholder ; (c.) The number of shares of stock held by each shareholder • (d.) The amounts paid in, and remaining unpaid, respectively, on the stock of each shareholder ; (e.) All transfers of stock, in their order as presented to the company for entry, with the date and other particulars of each transfer, and the date ol the entry thereof ; and, — (/.) The names, addresses and calling of all persons who are or have been directors of the company, with the several dates at which each became or ceased to be such director. 32-33 V., c. 12, B. 23. 34 • The directors may allow or refuse to allow the entry in PownrH and iia- any such book,of any transfer of stock whereof the whole amount ^'rmjanu'tra'n" has not been paid ; and whenever entry is made in such book of ^';j'g''J" "ef'*'" any transfer of stock not fully paid up, to a person who is not apparently of sutticient means, the directors shall be jointly and severally liable to the creditors of the company, in the same manner and to the same extent as the transferring shareholder, except for such entry,would have been liable ; but it any director present when such entry is allowed does forthwith, or if any director, then absent, does, within twenty-four hours after he becomes aware thereof and is able so to do, enter on the minute book of the board of directors his protest against such transfer, and within eight days thereafter publishes such protest in at least one newspaper published at the place in which the head office or chief place of business of the company is situated, or if there is no newspaper there published, then in the newspaper published nearest thereto, such director may thereby, and not otherwise, exonerate himself from such liability. 32-33 V., c. 12, s 24. 39. No transfer of stock, unless made by sale under execution Transfers valid or under the decree, order or judgment of a court of competent °°'^""*'^ *°*'^' jurisdiction, shall be valid for any purpose whatsoever until entry thereof has been dnly made in such book or books, except for the purpose of exhibiting the rights of the parties thereto towards each other, and of rendering the transferee liable.in the meantime, jointly and severally with the transferrer, to the company and its creditors. 33-33 Y., c. 12, s. 86. 118 MMk booki tn bt OMn fur III- ■pfCtlOD, 2r fln' iiiHpoction of Bhan-lioldoiK and crtiditorH of tlie company, and tlioir perHoiial ropro8ontativc», at tl>u head ofHoo or chief place of busi- noBH of the company ; and I'vury Hharehoithjr, creditor or per«o!ial ropix'Hontativo may make extracta therefron). 3ii-33 V., c. 12,8. 20. 517- Such l)ook« HJiall be primii facie evidence of all facts pur- portinj; to be theiein stated, iti any suit or proceeding against the company or against any nhareholder. 32-33 V., c. 12, s. 27. I'mmity for faUe 2H . Kvcrv dircotor, olHccr or servant of the company who kno\vm;^ly makes or assists in making any untrue eniry in any snch book,or who refuses o- wilfully neglects to make any proper entry therein, or to exhibit the same, or to allow the same to bo inspected and extracts to bo takitn thoiofroin, is guilty of a mis- demeanor, and liable to imprisonment for any term not exceeding two years. 32-33 V., c. 12, s. 28. BiHikii to li« lirimd/iicir eviaid up, be individually liable to the rnnlitors of the company, to an amount equal to that not paid u, thereon; but shall not be liable to an action therefor by any creditor, until an execution agiiinst the company at the suit of sucii creditor has been returned uiisatistied in -.vliole or in part ; and the amount duo on such execution shall be the amount recoverable, with costs, from such shareholder. 32-33 V., c. 12, s 33. 31.. The sh.ireholders of the company shall not, as such, be lield responsible for any act, default or liability whatsoever, of the company or for any engagement, claim, payment, loss, injury, transaction, matter or thing whatsoever, relating to or connected with the company, beyond the amount of their respective shares in the capital stock thereof. 32-33 V., c. 12 s. 34, 32 ■ No person holding stock in the company as an executor, administrator, tutor, curator, guardian or trustee, shall be person- ally subject to liability as a shareholder ; but the estate and funds in the hands of such person shall bo liable in like manner and to the same extent, as the testator or intestate or the minor, ward or interdicted person or the person interested in such trust fund would be, if living and competent to act and holding such stock in his own name ; and no person holding such stock as collateral security, shall be personally snbject to such liability, but the per- son pledging such stock shall be considered as holding the same and shall be liable as a shareholder accordingly. 32-33 V., c. 12, B. 35. 110 miiy ' nliHi'elioMora. HH- Kvory huoIi exucuror, ndiiiiiiiBtrator tiitur, curator, fj^iiard Trutt««i, &0, ian or triiHtuu ttKall reproacnt tlio stock in lii« iHtPHCHBioii at all "*'"'" ** muotin^H uf tliu coiiipatiy, and may votu as a Hliarohultier ; and evoiy person wilt) plod{^8 iiis Htock may, notwitliHtaiidin^j; huuIi pludfi^i', ruprcsent the said stock at all sncli iiicctiiiirri, and vote an a sharoliolder. 82-38 V., c. I'i, h. 36. 34. Sliaroliolders who hold oiKi-fonrth part in vahio of tho 8ul)Hcriliod stock of tho company may, at any time, call a special ""'y'"> N|irriiiliiiHfthi|{a I'lilleit. meeting tliereof, for the transaction of any hnsincss spocihud in tho V " ■ ■" . .• 11 • - poflo , tho written rcnnipition and noti(!o made and ^ivcn for tlie pur 32-38 v., c. 12, 8. 18, jxirt. iiuon LIAHILITY OF THK CX)MI'ANY. Jiff' Every contract, aijreemont, eniraccment or harirain mado. i^'"''™<;t", *' and every bill of oxciianjjo drawn, accepted or indorHcd, and <"m|wiy. every promissory note and cho(juo mado, drawn or indorsed on behalf of tho company, by any agent, officer (»r servant of the com- pany, in general accordance with his powers as such under tho by- laws of tlie company, shall bo binding upon the company ; and in no case shall it be necessary to liave tho seal of tho company affixed to any such contract, agreement, otigngoment, bargain, bill of excliange. promissory note or cheque, or to prove that tho same was made, drawn, accepted or indorsed, ati tho case nay be, in pursuance of any hy-law, or special vote or order ; and Ihc person so acting as agent, officer or servant of the company, shall Nonliability of not bo thereby subjected individually to any liability whatsoever to any third person therefor; Provided always that nothing in Proviso : »s to this Act shall be construed to authorize tho company to issue any '"'"'"'"'*'' note payable to the bearer thereof, or any promissory note in- tended to 1)0 circniated as money or as tho note of a bank or to engage in tho business of banking or insurance. 32-33 V"., c. 12, B. 31. 86. Tho company shall not bo bound to see to the execution Company notua- of any trust, whether express, imulied or constructive, in respect oVViisuX? of any share ; and the receipt of tlie shareholder in whose name the same stands in tho books of the company, shall be a valid and binding discharge to the company for any dividend or money payable in respect of such share, and whether or not notice of such trust has oeen given to the company ; »nd th) company shall not be bound to see to the application of the money paid upon such receipt. 32-33 V., c. 12, s. 30. IJABILITY OF DIEKCrORS. 37. If the directors of the company declare and pa} any divi- Liability of dend when the company is insolvent, or any dividend, tho pay- 'lirTaring any ment of which renders the company insolvent, or diminishes the y,^';?^,'^'',.]!'^''''" capital stock thereof, they shall be jointly and severally liable, as '"""'vent! '' * well to the company as to the individual shareholders and credi- tors thereof, for all the debts of the company thon existing, and for all thereafter contracted during their continuance in office respectively; but if any director present when such dividend is how it nmy bo declared does forthwith, or if any director then absent does, with- *^"'''**'' p twenty-fonr liouis after he becomes aware there • 5 a'td is able 120 No loans by coiii|iany to sliureholderH. Directors Ilnblo, Liability of directors for 'ttragea, &c. Proviso. Company not to piircliase slocli in otlier corporations. Service of procefls on company. IJ Actions between eom- j'nuy and sbareholdera. Winding up Act* to apply. 80 to do. enter on the minutes of the board of directors his pro- test against the same, and within cifijht days thereafter publishes swell protest in at least one newspaper published at the place in which the head oftioe or chief place of business of the company is situated, or if tlieio is no newspaper thoi-e published, then in the ni'wspapor piiblislied nearest tlu'r(!to,.such director may there- by, and not otherwise, exonerate himself from such liability. 32-33 v., (.'. 12, 8 37. JiS. No loan shall be made by the company to any share- holder ; if such loan is made, all directors and other otticers of the company who make the same, or assent thei'uto, slmll be jointly and severally liable to tiie compiiny for the amount of such loan, — and also to third persons to the extent of snch loan, with lawful interest,fiir all debts of the company contracted from the time of th ; makin<; of such loan to that of the repayment thereof. 32-33 V., c. 12, s. 38. 4©. T!ie directors of the company shall be jointly and sever- ally liable to the laborers, s-ervants and apprentices thereof, for all debts, not exceeding one year's wages, due for service per- formed for tJie company v/hilst they are such directors respec- tively ; hut no director shall be liable to an action therefor,iinless the company is sued therefor within one year after the del. be- came due, nor unless such director is sued therefor within one year from the time when he ceased to be such director,nor unless an execution against the coiiipany at the suit of such lahorer, servant or apprentice is returned unsatisfied in whole or in part ; and the amount unsatisfied on such execution shall be the amount recoverable with costs from the directors. 32-33 V., c. 12, 8. 40. OKNERAL PROVISIONS. * 41. No company shall use any of its funds in the purchase of stock in any otlier corporation, unless in so far as such purchase is specially authorized by the special Act, and also by the Act creat- ing cuch other corporation. 32-33 V., c. 12, s. 32. 42. Service of any process or notice upon the company may be made by leavin/r a copy thereof at tlie head ofKee or chief place of business of the company, with any adult person in charge thereof, or elsewhere with the president or secretary thereof ; or if Jie company has no known office or chief place of business, and has no known president or secretary, the court may order such publication as it deems requisite to be made in the premises, for at least one month, in at least one newspaper ; and such publication shall be held to be due service upon the company. 32-33 V., e 12; s. 41. 43. Any description of action may be prosecuted and main- tained lietween the company and any shareholder thereof, and no shareholder, who is not himself a party to such suit, shall be in- competent as a witness therein. 32 33 V., c. 12, s. 42. 44. The company shall be subject to the provisions of any general Act for the winding up of joint stock companies. 32-33 v., c. 12, 8. 44, 121 BY-L^-W^s -OF — The Ottawa Electric Street Railway Company, Limited. (Made to apply to Tlie Ottawa Electric Railway Companv by No. 65, 57 Vict., Chap, ti.) ^ ^ nnn '^r'-^ ^J'v';^^^ f '"^''« Ottawa Electric Street Railway Com- pany Limited" hereby enact as follows :— ^ Allotment of Shares. the Di Jlnvf "r ""^ tl'« <-'ompany shall be nnder the control of te Directors who inav allot or otherwise dispose of the sa.ne to z:x::z:::it ^^^-^ -^"^ ^^"'^^^^"^' ^-^ ^^ -^'^ ^-- - Ceetificates. 2. The certificates of shares shall be issued under the sail of he Company, and signed by the President, or one I)i,Sor and by the Treasurer of the Companv. Every monT^er shall e entitled to one ce,;tificate for all^he shares register d in ifi na.n. Calls. thevtiS'fiPm?n7'"'^ tVo,n time to time make snch calls as me} tnink Jit upon the members in respect of all monevs nnmlH mv tit"' '?"/^' them respoctiveb^, and elch m n he Xll pay the amount of every call so made on him to the Der.ons inH at the times and places appointed by the Directors ^ 4. Any call may be made payable either in one sum or hv two or more instalments. ' "^ -^ 5 A call shall be deemed to have been made at tho timo when^the resolution of the Directors authorizin^tcli cMl 'll' 6. Ten days' notice of any call shall be given SDecifvim? fhp time and place of payment, and to wliom sA call stall b^pali i 122 Transfers. 7. The instrument of transfer of any 'sliare shall be signed both by the transferor and the transferee, and the transferor sliall be deemed to remain the holder of such shares until the name of the transferee is entered in the register in respect thereof. 8. The instrument of transfer of any share shall be in the following form, or as near thereto as circumstances will admit: I, A, B., of in consideration of the sum of dollars paid to me by C.D. of do hereby transfer to the said C.D share (or shares) standing in my name in the books of The Ottawa Electric Street Railway (lompany, Limited whereof has been paid up, to hold, unto the Siiid CD., his executors, administrators and assigns, subject to the sevei'al conditions on which I held the same at the time of the execution hereof, and I, the said CD., do hereby agree to take the said share (or shares) subject to the same conditions. As witness our hands the day of f). All instruments of transfer which shall be registered, shall be retained by the Company. 10. The transfer books may be closed during sueh time as the Directors see tit not exceeding in the whole thirty days in each year, FoBFElTtJRK AND LlEN. 11. If any member fail to pay any call on or before the day appointed for the payment of the same, the Directors may at any time thereafter, during such time as the call remains unpaid, serve a notice on such member requiring him to pay the bame, together with any interest that may have accrued and all expen- ses that may have been incurred by the Company by reason of such non-payment. 12. The notice shall name a day (not being less than thirty days from the date of the notice) atid a place or places on and at which such call and such interest and expenses as aforesaid are to be paid. The notice shall also state that in the event of non-pay- ment at or before the time, of each member (whether solely or jointly with others) fo" iiis cebts, liabilities and engage- ments, solely or jointly with any otlier person to or with the Company, whether the period for the payment, fulfilment or discharge thereof shall have actually arrived or not. 16. For the purpose of enforcing such lien, the Directors may sell the shares subject thereto, in such manner as they think fit, but no sale shall be made until snch period as aforesaid shall have arrived, and until notice in writing of the intention to sell shall have been served on such member, his executors and administrators, and default shall have been made by him or them in the payment, fulfilment or discharge of such debts, liabilities or engagements, for seven days after such notice. IT. The net proceeds of any such sale shall be ap^)lied in or towards satisfaction of the debts, liabilities or engagements, and the residue (if any) paid to such member, his executors, adminis- trators or assigns. 18. Upon any sale purporting to be made in exercise ot the powers given by clauses 15 and 16 hereof respectively, the Directors may cause the purchaser's name to be entered in the register in respect of the shares sold, and the purchaser shall not be bound to see to the regularity of tiie proceedings or to the application of the purchase money, and after Ins name has been entered in the register the validity of the sale shall not be impeached by any person, and the remedy of any person aggriev- ed by the sale shall be in damages only, and against the Company exclusively. M EKTINGS 19. The Annual General Meeting of the shareholders of the Company shall be held on the last Monday in June in each year, at such time and place as the Directors shall determine. The first of such meetings shall be held on Monday, the 20th day of April, 1891. 20. The Directors, or a majority of them may. whenever they think fit, convene a Special General Meeting of the share- holders. u 124 21. Five membors personally present shall be a qnoruin for an Anr.ual General Meetino-, and five members personally present, and representinj,' one-third of tlie capital stock of the Company shall bo a quorum for a Special General Meeting. If within one hour from the time appointed for a Special General Meetiuf; r* quorum be not present, the meeting shall stand dissolved, but in the case of an Annual General Meeting it shall stand adjourned to the same day in the next week at tlie same hour and place. i" 22. Every instrument of proxy shall be in the form or to the effect following : I, of in the County of being a menjber of ind entitled to vote (or votes) hereby appoint of (or failing him of ) as jny proxy to vote for me and on my behalf at the (.vnnual or Special as the case may be) General meeting of the Company, to be held on the day of and at any adjournment thereof, (or at any meeting of the Company that may be held in the year ) As witness my hand this day of Signed by the said in presence of. 1 i I "1 23. Special General Meetings of the Company may at any time be called by the President or any two of the Directors for the transaction of any business upon the written requisition of the Shareholders holding not less than one-fourth part 'n value of the subscribed stock of tlie Company, and a Special General meeting may be called at any time under a resolution of the Directors. 24. Notice of the time and place for holding all general meetings of the Company shall be given at least ten days pre- viously thereto by mailing such notice, postage prepaid, as provided in section 41. DlKECTOKS. 25. The number of Directors shall be fixed at seven. 26. The qualification of every Director shall be the holding in his own right of ten shares of the Company of the nominal value of $100, but no shareholder shall be eligible for election as Director the calls upon whose stock shall be in arrear. BE 185 37. The continuing Directors may act, notwithstanding any vacancy in their body so long as there remain four Directors duly qualified to act. 2^. A meeting of Directors may be held at any tinie at the instance of the President or of any two Directors. 29. The Directors may meet for the dispatch of business, adjourn and otherwise regulate their meetings as they by resolution or otherwise determine, Four Directors shall be a quorum. 30. Questions arising at any Directors' Meeting shall be decided \y a majority of votes, and in case of an equality of votes the Chairman shall have a second or casting vote. 31. At all meetings of the Directors, the president of the (/ompany when present, shall be Chairman, and in his absence the Vice-President, and in the absence of the President and the Vice-President, the Directors may choose some on? of their num- ber to be Chairman. 32 A meeting of the Directors for the time being at which a quorum is present shall be compfitcnt to exercise all or any of the authorities, powers and discretions for the time being vested in, or exercisable by the Directors generally. Offickks. 33. The Directors shall choose from amongst themselves, a President and Vice-President, and shall appoint all other officers. 34-. The President shall preside at all meetings of the Directors and shall exercise a general oversight over the business of the Company. In the absence of the President the Vice-Presi- dent shall perform any or all duties of the President. 35. It shall be the duty of the Vice-President to aid and assist the President in the discharge of his duties, and to perform such other duties as may devolve upon him in the absence of the President. 36. The Treasurer shall have charge of all the cash and securities of the Company, and shall cause to be deposited with the bankers of the Company all nioneys that he may receive for the purposes or on account of the Company. He shall, along with the President, sign all notes, drafts, &c., and shall pay any and all accounts approved of by the Board. He shall have charge of the Seal of the Company, and sliall affix such Seal to all jjpcurnents requiring such Seal when authorized by the Board, 1&8 87. No larger dividend shall be decjlared than is recommend- ed by the Directors, but the Compari}' in (ienoral M'ictinp^ may declare a smaller dividend. arisi 38. No dividend shall bo piiyable exee[)t out of the profits ing from the business of the Company. 89. A transfer of shares shall not pass the ri^jht to any cash dividend declared before the registration of the transfer. |!1.*. h (' . M Notices. 40. Any notice required to be given by the Company to or to be served upon any member may be signed by the President, Vice-President or Secretary. 41. A notice of any meeting of shareholders, general or special and all other notices whicli- are required to be given by the Company to the sharcholdere., or any of them, may be served by the Company upon any member, either personally or sending it through the post in a prepaid letter, nddressed to such member at his registered address, and any notice sent by post to such address sliall bo sufficient notice, and shall be deemed to have been served at the time when the letter containing the same was delivered to the post-office 42. All conveyances, bonds, contracts and other documents requiring the Seal of the Company, shall be signed by the President, or in case of his absence, the Vice-Presisent, and the Treasurer, and countersigned by one of the Directors, and shall liave the Seal of the Company affixed thereto: and all notes, cheques, drafts or bills of exchange given, drawn, or endorsed, hy and on behalf of the Company shall be signed by the Treasurer and the President, or in his absence by the Vice-President. 43. The Board shall, as often as it may be desirable appoint a committee to inspect and examine the accounts and securities of the Company in such manner as the Board may direct. 44. In the practical application of these rules or by-laws of the Company hereafter made, the construction put upon t^hem by the Board of Directors shall be final and conclusive. 45. The By laws of the Company may be altered, amended or added *o at any general meeting duly called for that purpose by a two-thirds vote of the shareholders of the Company present at such meeting. 46. The foregoing rules and by-laws have been approved of by the Directors, the seal of the Company is hereto affixed a^4 127 eight J.undred and nlr^fy i'ne ^'"''"^ "'"* ^•^''^ «"« ^honsand (Signed) J. w. AfcRAE, [Seal.] OEO. P. BROPHY WILLIAM SCOTT, Trea«u?'e?\ Do„e^a,,d p.sed at ,l,e oHice „f .„e o„,„pa„, „„ ,„„ ,UtU da, of (Signed) J. w. McKAE, President. ^. P. BKOPHY, Vice- President. D. C. DEWAR, Sed'eta/ry. [Seal] oved of [ed a^4 in I' i r i . " T y 128 THE OTTAWA P:LECTKIC IIAILW4V COMPANY. By-l.'), to the thirty-first day of December, 18i)5, inclusive. The Directors to be elected at the Annual General meeting to be held on the last Monday in June, 1895, shall hold office only until the Annual General Meeting to be held on the last Mon- day in January, 1896, and thereafter the Directors shall be elected annually at the General Meeting to be hehl in the month of January in each year. Done and passed at the (lity of Ottawa, this twenty-fourth day of June, 1895. (Signed,) J. W. McRAE, I 'resident. [Sbal] JAMES D. ERASER, iSed'y.-Treas. RN. PRI»IO»NT IBRONtON.VlClPlllt' A.A Dion Sc»' 3upT OW Strict. Srci' Tma* Cy/^'^ Qy^/i^ ^m/Y/ (r //r/^/yr (/^/^^//////^r//// ^y//r/ff'a, ^m/^:.. ^r>. 7 Dear Mr Diolconson>- I Bend you herewith a book which embodies every- thing relating to our Street Railway in Ottawa* I have marked certain paragraphs In this book whioh will show you the ohar^ aoter and. exclusive ness of the Contract between the City of Ottawa and the Ottawa Electric Railway Co* To give you a resume' of the Street Railway business in Ottawa ►- you will notice as far back as 1867, The Ottawa City Passenger Railway Co, obtained a Perpetual Charter for a horse railway on the principal streets of Ottawa. In the winter of 189#-91 the Ottawa Eleotric Silfifil Railway Co was Q organized by ny firmo We made application to the Ctitario Oovem aent for permission to lay tracks as near as possible to the principal streets occupied by the horse Company^ but we found it impossible to induce the Government to permit us to go nearer than three blocks from the line of the horse railway, owing to the recognition by the Chtario Grovernment of the "vested rights" of the City Passenger Railway Co.. Ho however » obtained a twenty years Franchise, permitting the construction of lines of Railway somewhat far removed from the route of the City Passenger Co# After a few months operation of the Electric Railway, my firm purchased a controlling interest in the horse railway, and shortly afterward we entered into negotiation with the Corporation 6f Ottawa to electrify the old road, and after much discussion extending over a period of a year and a half, a compromise was effected whereby the twenty years Franchise of The Ottawa Electric .^tyeet Railway Co. was extended to a thirty years, and the Ottawa Cil^y Passenger Railway COu agreed to abandon its perpetual charter in uttawa, and in consideration accepted a thirty year Franchise, and we further agreed to amal- famate the two Companies into one aystem, and charge but a single are i nolndin g transfers q The Companies agreedT to pay $45 iper mile of Street occupied by their tracks and defray expense Mr D -"^2, of snow cleaning Corapanios an exo of the streest o streets until 18 the Contract pro that further ext notice must firs we must dLtermin additional line fuse, then and q to deal with any tional service. T as you will lear you will find it Doen overdone in requirements of more miles of tr service than can same population proud of the syg we are giving, a interference wit f ranted to us by arliament in 18 a Bill which wat The same Bill a; Passenger Railw; to "The Ottawa "Street" which Railway Company fore understand Ottawa is the o name. Legislat agreement and ai Street Railway this question oi was prominent il Session. Mr F: character, and influence with that Mr Praser,| the situation Go had to walk 2. low cleaning, the City agreeing to r^ive to the amalgamated anies an exolucive Franchise for said period of thirty years he streest occupied, and an exclusive privilege on all ets until 1898 (this Contract was made in 1393) After 1898 contract provides that if the Corpotation should decide further extensions of the Railway are required, thirty days oe must first be given the Ottawa Company, within which time ust determine whether or not we would build and operate the tional line or lines demanded by the City, and should we re- tbSJI and ngLt. before, the Corporation would be at liberty eal with any other firm or Company, for the proposed addi- al service. The foregoing is a brief account of the Contract, ron will learn by poruaal of accompanying book, and I trust will find it intelligible « As a matter of fact Ottawa has overdone in a Street Railway sense, fe have exceeded the liromonts of the Contract in every direction, and we have miles of traok and the Company maintains a more frequent /ice than can be found in any other City in the world, of the 3 population or even much larger; our citizens are not only ^d of the system but are thoroughly satisfied vdth the service are giving, and there is therefore no justification for any erferenoe with the rights and privileges whiah have been nted to us by the Corporation of Ottawa, and confirmed by liainent in 1893, when this Contract was made the subject of ill which was passed by the House of Commons and the Senate. same Bill also gave further powers to the "Ottawa City senger Railway and authorized that Company to change its name "The Ottawa Electric Railway Co.'' You will notice the word reet" which was part of the name of the original Electric Iway Company, was dropped in the new Bill. You will there- e understand that the present electric Railway Company in awa is the o Id City Passenger Railway Company with a new e. Legislation was also obtained from Chtario, approving the eement and authorising the amalgamation of the Ottawa Electric eet Railway with the City Passenger Railway 04. s My reason for desiring that you should understand question clearly, is that Mr Fraser M. P. for Guysboro' prominent in supporting the Hull Electric Co's Bill last sion. Mr Fraser is a gentleman of great ability and force of racter, and from what I could observe he wields oonsiderabxe luence with his fellow members. I am imjressed in the oeiici t Mr Fraser, like many others, did not tioroughly jpfo^stand | situation here, and the fact that patrofs of ^he had to walk a quatrter of a mile to reao' " " the Ottawa oars oi -gnii IrjfjToaToO 3x1 u yl, ;; ' '■" ^ to ST tie orfi r + ,yoj.vioa isnoi .■.*.■.,•-; IlX\T UOX »£ *>T6V0 no^fi - T'TXtrpOT to aoliui OTOBi ; f)JJOiq cT at' oi- bsd-nsTa .1 nx ctnsnieilifi^ Bw doxxlw 11x9. i. Mr D - 3. supplied a gri was used for a Praser, being situation here arises, to bri: completed our i since the l8th run side by sic engers from one and the same fa the various bra paescngers tran taking up the c motives, and I case and thorou been done since the travelling ] and just, J ] which existed u of our making, leased the Aylmt country from di as previously e: their cars to Hi this inconveniej to maJte it appcj disadvantagCo „» o» '.rf ij .'. fiWfi ob : 0. 1 oiti to secure the p: not think there upon here as an ment which will use the Hull Cc the latter Compi abuse of the sil the C. P. R. is demonstrate whei D - 3» .. )pli0d a grievance which naturally enlisted sympathy; and it J used for all it was worth. I am quite satisfied that Mr iser, being learned in the Law, will roadily corapi»ehend tha ,uation here, if you will be good enough, if an opportunity Lses, to bring the matter before him. Since the last Session of Parliament we have ipleted our new bridge to Hull, at a cost of over $2 0,000, and ice the 18th os this month, the Ottawa Company's oars have 1 side by side with the Hull Go's oars at Hull, so that pass- jers from one road step into the oars of the other Company, I the same facilities are supplied as are given to patrons of ) various branches of our bx road within this City, whore ^scngers transfer from branch to branch. I am fully alive to the fact that Mr Praser in ling up the cause of the Hull Co. acted through the best of ,ives, and I am convinced that after he has looked into the le and thoroughly reviews the agreement, and has seen what has m done since he was here last, to renovd the inconvonionce to J travelling public, he will conclude that our case is strong I just, I might in our own defence add that the missing link -ch existed up to this month between the two Companies, was not our making, but was due to the fact that the Hull Company ised the Aylmer Branch and then abruptly cut off the upper mtry from direct communication with Ottawa by the C r. Ry^ previously existed, for the reason that they then only ran lir cars to Hull. Though we had absolutely nothing to do with .8 inconvenience to the public, it was used most effectively make it appear that the Hull Co. were working under a great advantage. The Hull Company will again attempt this Session secure the privileges that were asked last Session, but I do think there is much hope for their success, as it is looked n here as an attempt at coercing my Company into an arrange- t which will make the Stock of the Hull Co. marketable. Another difficulty we had to contend with was the the Hull Cc nadc of the C.P.R. It was made to appear that latter Compaiiy was behind the Hull Co's Bill; this was an se of the situation and there is abundance of proof now that C. P. R. is not at all interested as I can satisfactorily onstrate when necessary. .8 - a ^ ir»a 1UQ Ji>8i8iqitoo f.ijp 'Hi ).. •- 1 v^ : V.'i ■•nji-a ..w ......^ !.";^P t w B ii. ?B.tiO - *^ -•' ■ is to OBjjfio odi qu gnii^j oaxvnoo obb T Jbiis ^BQvi^om iXdwq znitioYBii od^ y 'Sii' '!!! I t^Bcrt bins taxxs* ffoxiiur I'ffOYnooni: axrfi t Tfir ^x Qjtfifii oi Mr D. - 4. tnat IP genera before the atti I feel sure he the ease thoroi Bill is again 1 Dickenson and 3 - f b«rf -iw i L^, D. - 4 I will not dwell upon the pionoGr work we did here - at IS generally kno?/n and should speak for itself. If you can find H convcniont to bring this matter tore the attention of Mr F^ase,^ I will esteem it a favor, and feel sure he will appreciate thv^ opportunity of understanding 3 oase thoroughly, and will do o \r Company justice when the 11 is again "before the House. Mrs Ahearn joins me i i kind regards to Mrs skenson and yourself p Yours very -ruly Mi