V 
 
 
 
 \\ 
 
 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 1.0 £Ut U£ 
 
 ILL L"" KS 
 
 — A" 
 
 HiologFaphJc 
 
 Sciences 
 
 Corporation 
 
 23 WE^T MAIN STRiiT 
 
 WISSTn,N.Y. MSM 
 
 (716)«72-4S03 
 
 
CIHM/ICMH 
 
 Series. 
 
 CIHM/ICMH 
 Collection de 
 microfiches. 
 
 Canadian Institute for Historical Microraproductions / Institut Canadian de microreproductions historiquas 
 
T«chnioal and BibNographie Notaa/Notat tachniquaa at Wblioflraphiquaa 
 
 Tha Inatituta haa attamptad to obtain tha baat 
 originat copy availabia for filming. Faaturaa of thia 
 copy which may ba bibiiographicaMy uniqua. 
 which may altar any of tha iniagaa in tha 
 raproduction, or which may aignificantly changa 
 tha uaual mathod of filming, ara chaclcad balow. 
 
 D 
 
 D 
 
 D 
 D 
 
 D 
 
 El 
 
 Colourad covara/ 
 Couvartura da couiaur 
 
 I I Covara damagad/ 
 
 Couvartura andommagte 
 
 Covara raatorad and/or laminatad/ 
 Couvartura raataurte at/ou palliculAa 
 
 I I Covar titia miaaing/ 
 
 La titra da couvart'ira manqua 
 
 □ Colourad mapa/ 
 Cartas g^ographiquas an couiaur 
 
 □ Colourad inic (i.a. othar than blua or blacit)/ 
 Encra da couiaur (i.a. autra qua blaua ou noira) 
 
 I I Colourad plataa and/or llluatrations/ 
 
 Planchaa at/ou Illustrations an couiaur 
 
 Bound with othar matarlai/ 
 Rail* avac d'autras documanta 
 
 Tight binding may causa shadows or distortion 
 along intarioi' margin/ 
 
 La re Mure sarr6e paut causar da I'ombra ou da la 
 distortion la long da la marga intAriaura 
 
 Blanic iaavas addad during rastoration may 
 appaar within tha taxt. Whanavar possibia, thasa 
 hava baan omittad from filming/ 
 II sa paut qua cartainas pagas blanchas ajoutAas 
 lors d'una restauration apparaiaaant dans la taxta. 
 majs. lorsqua cala Atait possibia. cas pagas n'ont 
 pas At4 filmtes. 
 
 L'Inatitut a microfilm* la maiiiaur axampiaira 
 qu'i'J iui a At* poaaibia da aa procu/ar. Laa details 
 da oat axampiaira qui aont paut-*tra uniquaa du 
 point da vua bibliographiqua, qui pauvant modifier 
 una imaga raproduite, ou qui pauvant axiger unt 
 modification dana la m*thoda normala de filmage 
 ao^t indiquto ci-daaaous. 
 
 pn Colourad pages/ 
 
 D 
 
 Pagaa de couieur 
 
 Pagas damaged/ 
 Pagas andommag*ea 
 
 Pagas restored and/oi 
 
 Pages restaur*es et/ou pellicul*es 
 
 Pagas discoloured, stained or foxe< 
 Pages d*coior*es. tachet*es ou piqu*es 
 
 Pages detached/ 
 Pages d*tach*es 
 
 Showthroughy 
 Transparence 
 
 Quality of prir 
 
 Qualit* in*gale de I'impression 
 
 includes supplementary materii 
 Comprend du material suppl*mentaire 
 
 Only edition available/ 
 Sauie Edition disponlble 
 
 I — I Pagas damaged/ 
 
 I I Pagas raatorad and/or laminated/ 
 
 ry] Pagas discoloured, stained or foxed/ 
 
 I I Pages detached/ 
 
 r~7| Showthrough/ 
 
 I I Quality of print varies/ 
 
 . I I includes supplementary material/ 
 
 |~n Only edition available/ 
 
 Pages wholly or partially obscured by errata 
 slips, tissues, etc.. have been refilmed to 
 ensure the best possible image/ 
 Lea pages totalement ou partiellement 
 obscurcies par un feulllet d'errata. una pelure. 
 etc.. ont *t* film6es A nouveau de fapon * 
 obtenir la meilleure image possible. 
 
 Additional commanta:/ 
 Commentaires suppl*mentaires: 
 
 Pages 267 & 268 are repeated. 
 
 This itam is filmed at tha reduction ratio chaclcad balovk*/ 
 
 Ce document est film* au taux de r*ductlon indiqu* ci-dessous. 
 
 
 10X 
 
 
 
 
 14X 
 
 
 
 
 18X 
 
 
 
 
 22X 
 
 
 
 
 26X 
 
 
 
 
 30X 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 J 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 12X 
 
 
 
 
 16X 
 
 
 
 
 aox 
 
 
 
 
 24X 
 
 
 
 
 m 
 
 ' _ .,-,. 
 
 
 
 32X 
 
 
■ir« 
 > details 
 
 |UM <tU 
 
 t modifisr 
 >g«r una 
 I filmaga 
 
 / 
 LiAes 
 
 lire 
 
 Th« copy fiim*d h«r« has baan raproduead thanka 
 to tha ganaroaity of: 
 
 D. B. Wddon Library 
 University of WMtam Ontario 
 
 Tha imagaa appaaring hara ara tha baat quality 
 poaaibia conaidaring tha eondition and laglbility 
 of tha original copy and in kaaping with tha 
 filming contract spacificationa. 
 
 Original cciniaa in printad papar covara ara fllmad 
 baginning with tha front covar and andlRj on 
 tha laat paga with a printad or iiluatratad I npraa- 
 •ion, or tha back covar whan appropriata. All 
 othar original copiaa ara fllmad baginning on tha 
 firat paga wKh a printad or iiluatratad imprae- 
 ■lon, and anding on tha laat paga with a printad 
 or iiluatratad impraaaion. 
 
 Tha laat racordad frama on aach mieroficha 
 shall contain tha symbol ^^ (moaning "CON- 
 TINUED"), or tha symbol ▼ (moaning "END"), 
 whichavar appiias. 
 
 Maps, piataa, charts, ate. may ba fllmad at 
 diffarant raduction ratios. Thosa too iarga to ba 
 antiraiy includad in ona axpoaura ara fllmad 
 baginning in tha uppar laft hand comar, laft to 
 right and top to bottom, as many framaa as 
 raquirad. Tha following diagrama illuatrata tha 
 mathod: 
 
 L'axamplaira nimA fut raproduK grica i la 
 g4n4roaitA da: 
 
 D. B. WaMon Library 
 Univanity of Wattam Ontario 
 
 Laa imagaa ai^hrantaa ont 4t4 raprodultas avac la 
 plus grand soln. eompta tanu da la condition at 
 da la nattatA da l'axamplaira fllmA. at an 
 eonformit* avac laa conditions du contrat da 
 filmaga. 
 
 Laa axamplairaa origlnaux dont la couvartura wt 
 papiar aat imprim4a sont fiimte an commands t 
 par la pramiar plat at an tarminant soit par la 
 damiAra paga qui comporta una ampralnta 
 d'Impraaaion ou dlliuatration, soit par la sacond 
 plat, salon Ut cat. Toua laa autraa axamplairaa 
 originaux sont filmto an comman^nt par la 
 pramlAra paga qui eonporta una ampralnta 
 dimpraaaion ou d'HIratratioA at an tarminant par 
 la damlAra paga qui comporta una talla 
 ampralnta. 
 
 Un daa aymbolaa suhranta apparattra sur la 
 damlAra imaga da chaqua mieroficha, salon la 
 caa: la aymbda — »- signifia "A SUiVRE", la 
 aymboia ▼ signifia "FIN". 
 
 Laa cartas, planchas, tablaaux. ate. pauvant Atra 
 filmA^ i das taux da reduction diff Arants. 
 Lorsqua la documant aat trop grand pour Atra 
 raproduit an un saul cilchA, il aat filmA A partir 
 da I'angia supAriaur gaucha, da gaucha A droita, 
 at da haut an baa, an pranant la nombra 
 d'Imagaa nAcaasaira. Las diagrammas suivants 
 lllustrant la mAthoda. 
 
 by errata 
 led tc 
 
 ant 
 
 jne peiure, 
 
 a^on A 
 
 1 
 
 2 
 
 3 
 
 32X 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
^^flP^HPHI 
 
 '\ 
 
 \ 
 
 \, 
 
 .*'■ ■ « 
 
■pipmi 
 
 ■■UiiniJiiJipillW'"': . ' i. 
 
 TTTS 
 
 /i ." * 
 
 U.W.O-.LEHARY 
 
 r<30vernment documents 
 
 STATUTES 
 
 ■rsouixT BiLATiiro TO nn 
 
 CITY OF TORONTO, 
 
 COliPILED BY 
 
 OBDBR or 
 
 THE SPECIAL COMMriTEE 
 
 APPOINTED BY THE MUNICIPAL COUNCIL TO CONSOLIDATE THK 
 
 CITY BY-LAWS. 
 
 This Book 
 moy be used 
 only within 
 ' th^ Librciry 
 
 WARRING KENNEDY, ESQUIRE. 
 
 Mayor. 
 
 PRINTSD AMD PUBLISHED BY ORDER OF THE MUSICiPAL COUNCIL, 
 
 TOllONTO : 
 
 ROWSELL k HUTCHISON. 
 
 I8D4. 
 
pi 
 
 w 
 
 ^i: 
 
 9F227 
 
The Committee appointed by the City Coaneil to con- 
 solidate the City By-laws, upon the completion of that 
 work in 1890, ordered a compilation to be made of all 
 statutes specially relating to Toronto. The statutes, or 
 parts of statutes contained in this volume, are, for the 
 most part, those exclusively relating to the city, apart 
 from such legislative enactments as govern or affect it 
 in common with the other cities of the Province. The 
 volume also contains statutes, or parts of statutes, of 
 private corporations which have special rights or privi- 
 leges within the city. The sections of all these statutes^ 
 for convenience of reference, have been, so far as possi- 
 ble, consolidated and arranged under appropriate head- 
 ings. The compiler has to thank C. R. W. Biggar, Esq., 
 Q.C., Thomas Caswell, Esq., and Allan M. Dymond, Esq., 
 for their valuable suggestions and assistance in the 
 preparation of thi& volume ; he is also indebted to W. A. 
 Littlejohn, Esq., Assistant City Clerk, for the care and 
 labour which he has bestowed on the preparation of 
 the index. 
 
 F. J. J. 
 
 Toronto, 
 
 l8t October, 1894, 
 
^WfiP^^pwipi^Wi^Piiwwpiii^pppiPPPiP^^"^ 
 
mm 
 
 STATUTES 
 
 PARTS OF STATUTES PRINTED OR REFERRED TO. 
 
 UPPBR OANADA. 
 
 
 i 
 
 CO 
 
 1 
 
 1 
 
 
 J 
 
 il 
 
 OB 
 
 1 
 
 1 
 
 fi4 Geo. Ill . . 
 
 IS 
 
 2 
 
 10 
 
 23 
 
 
 
 268 
 
 11 
 
 269 
 
 269 
 
 269 
 
 269 
 
 269 
 
 16 
 
 11 
 
 16 
 
 261 
 
 12 
 
 16 
 
 IS 
 
 16 
 
 IS 
 
 17 
 
 18 
 
 4WU1. IV.... 
 
 6 Will. IV.... 
 TWilL IV.... 
 
 •2 Vict 
 
 2S 
 
 9 
 S9 
 40 
 41 
 
 44 
 
 6 
 
 7 
 
 8 
 
 9 
 IS 
 
 87 
 
 88 
 9S 
 
 Efttt. 
 
 IS 
 
 57 Geo. III.... 
 1 WiU. IV.... 
 
 4 Will. IV.... 
 
 1 
 1 
 
 2 
 S 
 
 4 
 5 
 
 
 18 
 14 
 I »7 
 14 
 17 
 14 
 18 
 
 
 2 
 
 8 
 
 4 
 
 6 
 
 • 
 
 24S 
 fS70 
 
 270 
 212 
 210 
 
 
 
 
 212 
 212 
 271 
 271 
 . 212 
 
 CANADA. 
 
 
 
 
 gj 
 
 
 
 
 
 ii 
 
 
 
 ^ 
 
 g 
 
 1 
 
 1 
 
 
 
 ti 
 
 
 i 
 
 
 w 
 
 00 
 
 « 
 
 0L| 
 
 
 O 
 
 n 
 
 00 
 
 a* 
 
 
 65 
 
 
 E^eU. 
 
 i219 
 |525 
 
 11 Viot 
 
 14 
 
 
 
 219 
 
 4 & 6 Viot 
 
 1 
 
 
 220 
 
 7 Viot 
 
 11 
 
 85 
 
 70 
 
 
 
 278 
 
 219 
 
 { 18 
 
 16 
 
 
 
 2 
 
 8 
 
 18 
 
 14 
 
 
 321 
 
 8 Viot 
 
 
 
 221 
 
 9 Viot 
 
 
 
 222 
 
 
 
 
 228 
 
 
 
 
 
 ' 12 
 
 
 
 16 
 
 
 228 
 
 
 
 
 
 14 
 
 
 
 16 
 
 
 2M 
 
 
 
 1 
 
 
 15 
 
 16 
 
 318 
 
 
 
 17 
 18 
 19 
 
 
 294 
 225 
 925 
 
 
 
 18 
 
 
 15 
 
 
 
 20 
 
 
 226 
 
 
 
 19 
 
 
 15 
 17 
 
 
 
 21 
 
 
 226 
 
 
 
 
 
 
 28 
 
 
 226 
 
 
 
 20 
 82 
 
 
 16 
 
 '7 
 
 261 
 
 
 
 24 
 
 25 
 
 
 226 
 
 J227 
 285 
 
 
 
 88 
 
 
 261 
 
 
 
 26 
 
 
 227 
 
 
 
 34 
 
 
 261 
 
 
 
 27 
 
 
 227 
 
 
 
 85 
 
 
 261 ll2Vioi 
 
 5 
 
 • • • » • 
 
 
 858 
 
VI. 
 
 BTATUni PBIMTBO OR RBTKRBID TO. 
 
 OAHADA— Continued. 
 
 
 J 
 
 i 
 
 1 
 
 00 
 
 1 
 
 
 1 
 
 1 
 
 1 
 
 
 1 
 
 laviot 
 
 80 
 
 81 
 80 
 
 J5 
 
 S9 
 
 12M 
 
 S! 
 
 109 
 
 14S 
 
 161 
 219 
 
 250 
 145 
 
 176 
 
 218 
 
 S 
 46 
 96 
 
 80 
 
 8ch.A 
 
 8ch.C 
 
 1 
 2 
 3 
 
 4 
 • 6 
 
 6 
 
 7 
 
 8 
 
 9 
 10 
 11 
 12 
 
 1 
 
 1 
 
 8. 
 
 268 
 
 271 
 
 ( 12 
 
 13 
 
 14 
 
 15 
 
 I 1« 
 244 
 244 
 244 
 244 
 245 
 245 
 246 
 246 
 246 
 247 
 247 
 247 
 240 
 .150 
 353 
 18 
 219 
 228 
 229 
 229 
 230 
 327 
 161 
 163 
 163 
 164 
 166 
 166 
 166 
 166 
 167 
 168 
 ri68 
 1273 
 168 
 169 
 169 
 169 
 169 
 219 
 263 
 264 
 170 
 171 
 172 
 172 
 221 
 230 
 230 
 231 
 231 
 94 
 273 
 362 
 362 
 362 
 362 
 172 
 
 20 Vict. 
 
 22VIot 
 
 C. S. U. C... 
 
 23yiot. 
 
 24 Viot 
 
 26 Vict 
 
 27 ft 28 Viot . . 
 
 28 Viot 
 
 29 Vict 
 
 29&30Viot.. 
 
 80 
 
 81 
 
 181 
 
 71 
 
 99 
 110 
 
 126 
 136 
 
 64 
 
 62 
 
 86 
 
 63 
 64 
 
 83 
 101 
 24 
 26 
 26 
 
 76 
 34 
 
 68 
 69 
 
 73 
 161 
 
 1 
 2 
 8 
 
 4 
 6 
 6 
 
 7 
 
 8 
 
 
 173 
 173 
 
 
 
 174 
 
 
 
 176 
 
 
 
 176 
 
 • 
 
 
 170 
 
 ISftUViot.. 
 
 m 
 
 .J 
 
 te.' 
 (e. 
 
 176 
 273 
 177 
 528 
 331 
 
 
 ...... 
 
 8 
 
 9 
 
 10 
 
 20 
 
 tlfei 
 
 94 
 338 
 
 
 
 3.38 
 
 
 
 338 
 
 1 
 
 
 339 
 
 
 
 J 12 
 16 
 16 
 
 
 
 
 1 
 2 
 
 
 316 
 
 14ftl5Viot.. 
 
 
 317 
 318 
 331 
 
 
 
 leViet 
 
 3 
 
 
 
 
 1219 
 
 626 
 
 12 
 
 16 
 
 .917 
 
 - 
 
 1 
 2 
 3 
 
 4 
 
 
 20 
 
 66 
 67 
 
 1 
 2 
 
 
 
 
 
 
 317 
 
 
 
 340 
 
 
 
 
 
 340 
 
 
 1 
 2 
 3 
 4 
 5 
 6 
 7 
 8 
 9 
 
 10 
 
 11 
 12 
 13 
 
 14 
 Sflh.A 
 
 
 
 211 
 
 
 1 
 2 
 3 
 4 
 5 
 6 
 7 
 8 
 9 
 10 
 
 
 96 
 
 m 
 
 
 95 
 
 
 
 
 95 
 95 
 
 
 
 95 
 
 
 
 96 
 
 
 
 
 96 
 96 
 
 
 
 96 
 
 
 Bfete^ 
 
 96 
 363 
 626 
 
 
 
 
 211 
 
 
 
 
 211 
 
 
 i 
 
 2 
 
 ...... 
 
 1 
 
 4 
 
 6 
 
 6 
 
 7 
 
 8 
 
 9 
 Sob. 
 ...... 
 
 2 
 3 
 
 4 
 
 Sch.A 
 
 
 248 
 
 
 i^e'fe.' 
 
 248 
 
 WVlot 
 
 1 
 2 
 
 
 668 
 177 
 
 
 
 177 
 
 
 1 
 2 
 3 
 
 1 
 
 3 
 
 4 
 6 
 
 • • • • • 
 
 1 
 2 
 3 
 
 4 
 
 iifetk' 
 
 
 178 
 
 • 
 
 
 178 
 
 
 
 178 
 
 
 
 179 
 
 
 
 179 
 
 
 
 179 
 
 
 
 179 
 
 
 
 179 
 
 19 Vict. 
 
 19 ft 20 Viot . . 
 
 • • 1 • ■ 
 
 6 
 353 
 363 
 
 
 
 353 
 
 soviet 
 
 i^eile. 
 
 364 
 
 6 
 336 
 
8TATUTEB PRINTBD OR RKTBRRBD TO. 
 
 VII. 
 
 DOlT'inON. 
 
 
 1 
 
 i 
 
 1 
 
 1 
 
 
 • 
 
 i 
 
 
 
 1 
 
 43 Vlo» 
 
 M 
 
 67 
 6 
 
 7 
 
 1 
 
 2 
 8 
 4 
 5 
 S 
 2S 
 8 
 
 ■ •••■• 
 
 2 
 28 
 29 
 80 
 
 841 SSftMViot . 
 
 841 
 
 842 
 
 842 
 
 848 
 
 819 
 
 «W 
 
 189 
 
 100 86 Vict. 
 
 160 
 100 
 100 
 272 
 
 7 
 •1 
 
 48 
 
 1 
 
 
 277 
 
 
 
 140 
 
 
 1 
 2 
 8 
 
 4 
 Ap.A. 
 
 
 IflO 
 
 
 
 180 
 
 
 
 181 
 
 
 
 181 
 
 
 
 181 
 
 R.8.C. 
 
 Ap.B. 
 
 2 
 8 
 
 8oh. 
 
 . . .. 
 
 181 
 100 
 
 
 
 190 
 
 
 
 100 
 
 
 
 190 
 
 fiSftfiSViot.. 
 
 
 
 ONTARIO. 
 
 
 
 
 a 
 
 
 
 
 
 g 
 
 
 
 f! 
 
 
 X 
 
 li 
 
 
 
 
 "? 
 
 •1 
 
 
 3 
 
 a 
 
 g 
 
 I 
 
 
 s 
 
 k 
 
 g 
 
 .3 
 
 
 ^ 
 
 00 
 
 oo 
 
 A4 
 
 
 
 
 CO 
 
 Ok 
 
 82 Vict 
 
 6 
 
 22 
 23 
 
 
 
 211 
 211 
 
 38 Viot 
 
 79 
 
 13 
 14 
 
 
 838 
 836 
 
 
 
 24 
 
 • • • • • 
 
 211 
 
 
 
 18 
 
 
 836 
 
 
 44 
 
 
 
 387 
 
 
 
 16 
 
 
 836 
 
 
 81 
 
 
 
 BlfiU. 
 
 363 
 
 
 
 17 
 
 .. .. 
 
 837 
 
 84 VIot 
 
 76 
 46 
 
 
 
 231 
 186 
 187 
 
 
 
 18 
 19 
 20 
 
 
 638 
 
 88 Vict 
 
 
 
 538 
 
 
 8 
 
 
 838 
 
 
 
 4 
 
 
 188 
 
 
 
 21 
 
 
 838 
 
 
 76 
 
 1 
 2 
 3 
 4 
 6 
 
 6 
 
 
 97 
 08 
 98 
 98 
 98 
 98 
 847 
 
 
 
 22 
 23 
 24 
 28 
 26 
 27 
 
 
 838 
 839 
 839 
 899 
 639 
 840 
 
 
 
 
 
 
 28 
 
 
 840 
 
 
 
 7 
 
 
 99 
 
 
 
 29 
 
 
 640 
 
 
 
 8 
 
 
 99 
 
 
 
 SO 
 
 
 641 
 
 
 
 9 
 
 
 99 
 
 
 
 81 
 
 
 841 
 
 
 
 10 
 
 
 99 
 
 
 
 32 
 
 
 
 842 
 
 
 
 11 
 
 
 100 
 
 
 
 33 
 
 
 645? 
 
 
 
 12 
 
 
 100 
 
 
 
 34 
 
 
 842 
 
 
 
 13 
 
 
 100 
 
 
 
 38 
 
 
 642 
 
 
 
 14 
 
 
 100 
 
 
 
 36 
 
 
 8^ 
 
 
 
 8«h. 
 
 •••••• 
 
 100 
 
 
 
 87 
 
 
 642 
 
 
 78 
 
 1 
 
 
 626 
 
 
 
 38 
 
 
 84» 
 
 
 
 2 
 
 
 826 
 
 
 
 39 
 
 
 84» 
 
 
 79 
 
 1 
 2 
 
 
 829 
 829 
 
 
 
 40 
 41 
 
 
 644 
 844 
 
 
 
 3 
 
 
 830 
 
 
 
 42 
 
 • ■■••( 
 
 644 
 
 
 
 4 
 
 
 630 
 
 
 
 43 
 
 
 
 844 
 
 
 
 5 
 
 
 830 
 
 
 81 
 
 
 
 mu. 
 
 862 
 
 
 
 6 
 
 
 832 
 
 847 
 
 soviet. 
 
 48 
 
 ... . 
 
 
 1 21 
 
 
 
 7 
 
 
 833 
 
 
 
 447 
 
 
 267 
 
 
 
 8 
 
 
 834 
 
 
 
 464 
 
 
 267 
 
 
 
 9 
 
 
 834 
 
 
 
 468 
 
 
 m 
 
 
 
 10 
 
 
 834 
 
 
 
 466 
 
 
 26*/ 
 
 
 
 11 
 
 
 838 
 
 
 64 
 
 1 
 
 
 43 
 
 
 
 12 
 
 
 838 
 
 
 
 
 
 
VIII. 
 
 8TATUTDI PEINTKD OK BKrKRHED TO. 
 
 ONTARIO— ConltniMc/. 
 
 
 1 
 
 i 
 
 1 
 
 1 
 
 
 1 
 
 1 
 
 1 
 
 1 
 
 i 
 
 
 a8Viot 
 
 e4 
 as 
 
 80 
 101 
 
 lao 
 
 28 
 
 74 
 78 
 
 61 
 
 62 
 63 
 
 64 
 
 65 
 66 
 
 74 
 19 
 30 
 
 2 
 3 
 
 
 
 43 
 48 
 211 
 213 
 840 
 363 
 221 
 230 
 281 
 232 
 232 1 
 232 
 232 
 233 
 307 
 628 
 034 
 036 
 638 
 t04O 
 )041 
 042 
 044 
 040 
 040 
 044 
 040 
 307 
 808 
 273 
 222 
 229 
 /041 
 1046 
 040 
 646 
 040 
 046 
 f044 
 1047 
 ^33 
 047 
 647 
 240 
 240 
 332 
 334 
 334 
 334 
 486 
 00 
 267 
 267 
 267 
 267 
 038 
 030 
 047 
 047 
 (030 
 |048 
 
 40 VIot 
 
 R. S. 0. (1877) 
 
 41 Viot 
 
 42 Vict 
 
 88 
 
 40 
 67 
 84 
 
 80 
 174 
 
 41 
 
 71 
 84 
 70 
 
 10 
 11 
 12 
 13 
 14 
 1ft 
 16 
 17 
 18 
 
 ...... 
 
 2 
 
 3 
 
 4 
 
 
 
 6 
 
 7 
 
 8 
 
 
 10 
 U 
 12 
 13 
 14 
 10 
 16 
 17 
 18 
 19 
 20 
 21 
 Sch.A 
 
 "ow" 
 
 001 
 002 
 003 
 
 1 
 
 2 
 
 3 
 
 4 
 11 
 
 8 
 
 1 
 
 048 
 048 
 040 
 
 
 1 
 12 
 
 1 
 
 2 
 S 
 
 4 
 
 5 
 
 6 
 
 78 
 
 1 
 1 
 2 
 3 
 
 4 
 
 6 
 6 
 7 
 8 
 
 10 
 
 iVtt*- 
 
 
 210 
 
 
 
 216 
 
 
 
 217 
 
 
 
 217 
 
 
 
 217 
 
 
 
 
 218 
 09 
 «!» 
 483 
 484 
 
 tt Vkt 
 
 
 484 
 484 
 
 
 
 484 
 
 
 
 484 
 480 
 
 
 
 485 
 
 
 
 485 
 
 
 
 486 
 
 
 
 486 
 
 • 
 
 
 486 
 
 
 
 486o 
 
 
 
 486 
 
 
 
 487 
 
 
 
 487 
 
 SO Vict 
 
 
 487 
 
 
 8 
 
 I 
 
 8 
 
 1 
 2 
 8 
 
 4 
 
 5 
 6 
 
 7 
 1 
 2 
 1 
 2 
 8 
 4 
 8 
 4 
 1 
 2 
 8 
 4 
 5 
 6 
 7 
 8 
 
 
 
 
 
 488 
 
 
 
 488 
 
 
 
 488 
 
 
 
 488 
 
 
 i^ole.' 
 
 489 
 364 
 267 
 
 
 
 267 
 
 
 
 267 
 
 
 
 267 
 
 
 
 500 
 
 
 
 000 
 
 
 
 000 
 
 
 
 001 
 
 
 
 240 
 
 
 
 807 
 
 
 
 101 
 
 
 1 
 
 2 
 
 8 
 
 4 
 
 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10 
 
 11 
 
 12 
 
 18 
 
 14 
 
 10 
 
 16 
 
 
 108 
 
 
 
 108 
 
 
 
 104 
 
 
 
 100 
 
 
 
 105 
 
 ^ Vict. 
 
 
 105 
 
 
 
 105 
 
 
 
 106 
 
 
 
 106 
 
 
 
 106 
 
 
 
 106 
 
 
 
 107 
 
 
 
 107 
 
 
 
 107 
 
 
 
 
 107 
 107 
 
aTATllTKH PKIMTICD OR BirURBD ta 
 
 II. 
 
 OMTARZO-ConitiHtW. 
 
 
 3 
 
 1 
 
 1 
 
 •J 
 
 1 
 
 
 1 
 
 1 
 
 1 
 
 1 
 
 42 Viet 
 
 76 
 
 17 
 18 
 
 
 108 
 276 
 
 44Viot. 
 
 44 
 
 SB 
 
 96 
 
 
 SOI 
 SOI 
 
 
 
 10 
 
 
 108 
 
 
 
 27 
 
 <•••■• 
 
 SOB 
 
 
 
 F'm.A 
 
 
 108 
 
 
 
 28 
 
 
 SOS 
 
 
 81 
 
 1 
 2 
 
 
 252 
 253 
 
 
 
 20 
 SO 
 
 
 SOS 
 SOS 
 
 
 
 S 
 
 4 
 5 
 6 
 7 
 8 
 
 
 253 
 254 
 255 
 265 
 265 
 256 
 
 
 . 
 
 31 
 SS 
 33 
 
 34 
 
 86 
 36 
 
 
 SOS 
 
 SOS 
 
 SON 
 S04 
 S04 
 304 
 
 
 
 9 
 
 
 2se 
 
 
 
 87 
 
 • ■ • • 
 
 S04 
 
 
 
 10 
 
 
 256 
 
 
 
 88 
 
 
 S06 
 
 
 
 11 
 
 
 257 
 
 
 
 SO 
 
 
 S06 
 
 
 
 12 
 
 
 257 
 
 
 
 40 
 
 
 SOS 
 
 • 
 
 
 IS 
 
 
 268 
 
 
 
 41 
 
 
 S06 
 
 
 
 14 
 
 
 258 
 
 
 
 42 
 
 
 306 
 
 
 
 15 
 
 
 250 
 
 
 
 4S 
 
 
 SOO 
 
 
 
 16 
 
 
 260 
 
 
 
 44 
 
 
 S06 
 
 
 
 17 
 
 
 250 
 
 
 
 46 
 
 
 307 
 
 * 
 
 
 18 
 
 
 260 
 
 
 
 46 
 
 
 307 
 
 
 87 
 
 1 
 2 
 3 
 
 4 
 
 S 
 
 
 238 
 233 
 2S« 
 2»4 
 227 
 
 
 
 47 
 48 
 
 40 
 60 
 61 
 
 
 S07 
 308 
 308 
 S08 
 SOS 
 
 
 
 
 235 
 
 
 
 62 
 
 
 SOO 
 
 
 
 6 
 
 
 S30 
 
 
 
 68 
 
 
 SOO 
 
 
 
 
 235 
 
 
 
 64 
 
 
 SOO 
 
 
 
 7 
 
 
 236 
 
 
 
 Soh. A 
 
 
 300 
 
 43 Vlot 
 
 2 
 
 1 
 
 6 
 
 Soh. 
 
 
 326 
 327 
 327 
 
 46Viot. 
 
 48 
 
 1 
 2 
 S 
 
 
 660 
 680 
 660 
 
 44yiot 
 
 S4 
 44 
 
 
 
 23 
 289 
 
 
 
 4 
 6 
 
 • • • •'• • 
 
 660 
 
 
 1 
 
 
 660 
 
 
 
 2 
 
 
 289 
 
 
 
 6 
 
 
 660 
 
 
 
 3 
 
 
 290 
 
 
 
 7 
 
 
 691 
 
 
 
 4 
 
 
 290 
 
 
 
 8 
 
 
 661 
 
 
 
 S 
 
 
 290 
 
 
 
 9 
 
 
 661 
 
 
 
 6 
 
 
 
 291 
 
 
 
 10 
 
 
 662 
 
 
 
 7 
 
 
 293 
 
 
 
 11 
 
 
 662 
 
 
 
 8 
 
 
 293 
 
 
 
 12 
 
 
 662 
 
 
 
 
 
 
 216 
 
 
 67 
 
 20 
 
 
 344 
 
 
 
 
 294 
 
 
 71 
 
 1 
 
 
 621 
 
 
 
 10 
 
 
 296 
 
 
 
 2 
 
 
 621 
 
 
 
 11 
 
 
 296 
 
 
 
 S 
 
 
 622 
 
 • 
 
 
 12 
 
 
 296 
 
 
 
 
 
 ( ^ 
 
 
 
 13 
 14 
 
 
 296 
 296 
 
 46Viot 
 
 18 
 
 
 
 ) ^ 
 
 
 
 
 J ^ 
 
 
 
 15 
 
 
 297 
 
 
 
 
 
 ( 30 
 
 
 
 16 
 
 
 297 
 
 
 
 670 
 
 
 267 
 
 
 
 17 
 
 
 298 
 
 
 
 612 
 
 
 967 
 
 
 
 18 
 
 
 298 
 
 
 43 
 
 1 
 
 1 
 
 123 
 
 
 
 10 
 
 
 298 
 
 
 
 
 2 
 
 124 
 
 
 
 20 
 
 
 290 
 
 
 
 2 
 
 
 124 
 
 
 
 21 
 
 
 299 
 
 
 
 3 
 
 
 124 
 
 
 
 22 
 
 
 300 
 
 
 4 
 
 
 60 
 
 
 
 23 
 
 
 300 
 
 
 6 
 
 
 124 
 
 
 
 24 
 
 
 301 
 
 
 44 1 
 
 
 114 
 
MP 
 
 
 wmmm 
 
 wmtm^mm 
 
 X. 
 
 8TATUTIS PRINTBD OR REFXBRED TO. 
 
 ONTARIO— Con<tfMM(/. 
 
 40Viot. 
 
 ' 47 Viol 
 
 ^ 
 
 
 1 
 
 ■i 
 
 5 
 
 1 
 
 1 
 
 1 
 
 44 
 
 2 
 8 
 
 
 \]i 
 
 
 4 
 
 • • • • 
 
 116 
 
 
 5 
 
 
 116 
 
 
 6 
 
 
 116 
 
 
 7 
 
 
 116 
 
 
 8 
 
 
 116 
 
 
 9 
 
 • • • ■ • 
 
 116 
 
 45 
 
 1 
 
 
 119 
 
 
 2 
 
 
 119 
 
 
 3 
 
 
 120 
 
 
 4 
 
 
 190 
 (120 
 
 
 6 
 
 
 -{286 
 l288 
 (121 
 ^286 
 (288 
 
 
 6 
 
 
 
 
 
 
 7 
 
 
 121 
 122 
 
 
 8 
 
 
 28« 
 
 288 
 
 
 9 
 
 
 122 
 
 46 
 
 1 
 
 
 21 
 
 554 
 
 
 2 
 
 
 555 
 
 
 3 
 
 
 555 
 
 
 4 
 
 • • • ■ • ■ 
 
 555 
 
 
 6 
 
 
 656 
 
 
 6 
 
 
 556 
 
 
 7 
 
 
 556 
 
 
 8 
 
 
 556 
 
 
 9 
 
 
 210 
 557 
 
 
 10 
 
 
 657 
 
 
 11 
 
 
 557 
 
 
 12 
 
 
 557 
 
 
 13 
 
 
 668 
 
 
 14 
 
 
 558 
 
 47 
 
 
 
 43 
 44 
 
 1 
 
 
 
 2 
 
 
 350 
 
 
 Soh.A 
 
 
 44 
 
 56 
 
 1 
 
 
 279 
 
 
 2 
 
 
 279 
 
 
 3 
 
 
 279 
 
 
 4 
 
 
 279 
 
 
 6 
 
 • ••■■• 
 
 279 
 
 
 6 
 
 
 280 
 
 
 7 
 
 
 280 
 
 
 8 
 
 
 280 
 
 
 Soh.A 
 
 
 280 
 
 
 •• B 
 
 
 281 
 
 
 " C 
 
 • ••••• 
 
 282 
 
 09 
 
 
 J^fite. 
 
 364 
 
 
 i 
 
 1 
 
 524 
 
 
 
 2 
 
 48 
 
 
 2 
 
 1 
 
 32 
 
 
 
 2 
 
 23 
 45 
 
 
 
 S 
 
 EftU. 
 
 « Viot 
 
 48 Vict. 
 
 40 Viot 
 
 5 
 
 77 
 
 78 
 
 I 
 
 4 
 5 
 
 6 
 
 7 
 
 10 
 
 CO 
 
 « 
 
 4 
 5 
 6 
 7 
 8 
 9 
 
 1 
 2 
 3 
 
 i^ 
 
 2 
 3 
 
 4 
 
 1 
 2 
 3 
 
 4 
 5 
 
 Soh. 
 
 2 
 3 
 
 4 
 
 Soh.A 
 1 
 
 Jigfefe. 
 
 2 
 
 8 
 
 4 
 5 
 6 
 
 7 
 
 1 
 2 
 8 
 
 4 
 
 
 r 47 
 
 L « 
 
 45 
 
 45 
 
 46 
 
 354 
 
 46 
 
 346 
 
 380 
 
 860 
 
 860 
 
 360 
 
 361 
 
 361 
 
 551 
 
 48 
 
 354 
 
 214 
 
 49 
 
 58 
 
 49 
 
 1 
 2 
 3 
 
 4 
 5 
 6 
 7 
 
 { ** 
 
 l552 
 364 
 
 284 
 284 
 284 
 284 
 
 !121 
 286 
 288 
 287 
 49 
 60 
 50 
 50 
 124 
 
 60 
 60 
 127 
 128 
 128 
 128 
 128 
 128 
 199 
 (129 
 }l40 
 129 
 ISO 
 131 
 131 
 131 
 
8TATUTK ntlHTEO OR BKrCBRID TO. 
 
 XL 
 
 
 
 
 
 li 
 
 
 9 
 
 
 ^ 
 
 
 »4 
 
 t 
 
 r 47 
 
 ■ 
 
 40 
 
 i 
 
 45 
 
 1 
 
 46 
 
 
 SS4 
 
 . 
 
 4e 
 
 1 
 
 346 
 
 , , 
 
 360 
 
 , , 
 
 360 
 
 
 360 
 
 1 
 
 360 
 
 t 
 
 361 
 
 \ 
 
 361 
 
 ■} 
 
 ISftte. 
 
 
 551 
 
 ! 
 
 48 
 
 1 
 
 354 
 
 . 
 
 214 
 
 
 40 
 
 , , 
 
 • 58 
 
 
 552 
 
 
 49 
 
 , , 
 
 59 
 552 
 
 
 
 I 49 
 
 , , 
 
 \ 59 
 
 
 (552 
 
 ie. 
 
 364 
 
 , , 
 
 283 
 
 ^, 
 
 284 
 
 , , 
 
 284 
 
 
 284 
 
 • • 
 
 284 
 
 
 121 
 
 , , 
 
 285 
 
 
 288 
 
 
 287 
 
 
 49 
 
 • 
 
 50 
 
 
 50 
 
 
 6» 
 
 
 124 
 
 
 348 
 
 
 60 
 
 , . 
 
 50 
 
 
 127 
 
 
 128 
 
 
 128 
 
 
 128 
 
 
 128 
 
 
 128 
 
 
 129 
 
 
 129 
 140 
 
 • • 
 
 •- • 
 
 129 
 
 • t 
 
 ISO 
 
 • • 
 
 181 
 
 , , 
 
 131 
 
 -. 
 
 131 
 
 ONTARIO— ConitmMdL 
 
 
 fi 
 
 
 1 
 
 a 
 
 
 •i 
 
 
 1 
 
 ti 
 
 
 1 
 
 g 
 
 3 
 
 1 
 
 
 * 
 
 ^ 
 
 g 
 
 I 
 
 
 09 
 
 ee 
 
 Pt 
 
 
 o 
 
 X 
 
 00 
 
 &4 
 
 49 Vict. 
 
 66 
 
 8 
 
 
 131 
 
 R. S. 0. (1887) 
 
 184 
 
 434 
 
 
 837 
 
 
 
 
 
 • •- • ■ • • 
 
 132 
 
 
 
 569 
 
 
 267 
 
 
 
 10 
 
 
 
 132 
 
 
 
 612 
 
 
 267 
 
 
 
 11 
 
 • • • • ■ 
 
 132 
 
 
 189 
 
 6 
 
 
 265 
 
 
 
 12 
 
 • ••■•• 
 
 133 
 
 
 
 7 
 
 
 265 
 
 
 
 13 
 
 
 133 
 141 
 
 
 
 8 
 
 
 966 
 
 
 
 
 
 
 190 
 
 13 
 
 •••••• 
 
 315 
 
 
 
 14 
 
 
 133 
 
 
 193 
 
 52 
 
 
 5 
 
 
 
 IS 
 
 • ■••■• 
 
 134 
 
 
 231 
 
 27 
 
 
 817 
 
 
 
 16 
 
 • ••.•• 
 
 134 
 
 51 Vict 
 
 6 
 
 5 
 
 • • • • • 
 
 213 
 
 
 
 17 
 
 • ■ t • • • 
 
 135 
 
 
 28 
 
 19 
 
 
 250 
 
 
 
 18 
 
 
 272 
 
 
 54 
 
 1 
 
 
 207 
 
 
 
 19 
 
 • • • • • • 
 
 125 
 
 
 
 288 
 
 
 
 20 
 
 ■ ••■•• 
 
 125 
 
 
 
 2 
 
 
 267 
 
 
 
 21 
 
 • ••••• 
 
 47 
 
 
 
 
 288 
 
 
 
 22 
 
 ■ ••••« 
 
 61 
 
 
 
 3 
 
 
 305 
 
 
 
 23 
 
 1 
 
 117 
 
 
 
 4 
 
 
 305 
 311 
 
 
 
 
 2 
 
 117 
 
 
 
 
 
 
 
 3 
 
 118 
 
 
 
 5 
 
 
 305 
 311 
 
 
 
 
 4 
 
 118 
 
 
 
 
 
 80 
 
 • * • • . 
 
 Xlfete. 
 
 364 
 
 
 
 
 
 121 
 
 soviet 
 
 44 
 
 27 
 
 
 318 
 
 
 
 6 
 
 
 286 
 
 
 71 
 
 1 
 
 1 
 
 159 
 
 
 
 
 
 288 
 
 
 
 
 2 
 3 
 
 4 
 
 118 
 331 
 
 SIfieU. 
 
 
 
 
 1 
 2 
 3 
 
 288 
 288 
 288 
 
 
 
 2 
 3 
 
 
 61 
 214 
 
 
 
 7 
 
 4 
 
 289 
 /117 
 1289 
 
 
 72 
 
 1 
 
 2 
 
 50 
 
 
 
 
 ■ 
 
 
 
 3 
 
 50 
 
 52Viot 
 
 53 
 
 1 
 
 
 318 
 
 
 
 
 4 
 
 50 
 
 
 
 2 
 
 
 318 
 
 
 
 2 
 
 • ••••• 
 
 54 
 (221 
 
 
 
 3 
 
 4 
 
 
 319 
 319 
 
 
 85 
 
 1 
 
 
 )280 
 )232 
 (236 
 
 
 
 5 
 
 8oh. 
 
 
 319 
 323 
 320 
 
 
 
 2 
 
 
 236 
 
 
 73 
 
 1 
 
 
 536 
 
 
 
 3 
 
 
 236 
 
 
 
 2 
 
 
 129 
 
 
 
 4 
 
 
 236 
 
 
 
 3 
 
 
 129 
 
 
 
 5 
 
 
 237 
 
 
 
 4 
 
 
 129 
 
 
 
 6 
 
 • ••••• 
 
 237 
 
 
 
 5 
 
 
 132 
 
 
 
 7 
 
 
 237 
 
 
 
 6 
 
 
 133 
 
 • 
 
 
 8 
 9 
 
 
 237 
 238 
 
 
 
 7 
 8 
 
 
 134 
 129 
 135 
 
 
 
 10 
 
 
 238 
 
 
 
 
 R. S. 0. (1887) 
 
 39 
 
 57 
 
 2 
 
 1 
 
 
 
 9 
 
 
 136 
 
 
 46 
 
 26 
 
 ...... 
 
 55 
 
 55 
 
 
 
 10 
 11 
 
 
 9 
 215 
 
 
 
 
 2 
 3 
 
 55 
 
 56 
 
 
 
 12 
 
 1 
 
 33 
 311 
 
 
 116 
 
 132 
 
 1 
 
 345 
 
 
 
 
 
 312 
 
 m 
 
 
 
 
 2 
 
 345 
 
 
 
 
 2 
 
 
 
 
 3 
 
 345 
 
 
 
 
 3 
 
 312 
 
 
 164 
 
 94 
 95 
 
 
 235 
 235 
 
 
 
 
 4 
 5 
 
 312 
 312 
 
 
 174 
 
 06 
 97 
 
 
 235 
 235 
 
 288 
 
 
 
 
 6 
 
 7 
 8 
 
 313 
 313 
 313 
 
 
 184 
 
 
 
 32 
 
 
 
 
 9 
 
 313 
 
 
 
 22 
 
 
 34 
 
 
 
 
 10 
 
 314 
 
STATUTES PBIMTBD OR BBFEBBBD TO. 
 
 ONTARIO— Con<tn«0(l 
 
 r- 
 
 1 
 
 1 
 4 
 
 1 
 
 1 
 
 
 1 
 
 i 
 
 1 
 
 1 
 
 
 o 
 
 OS 
 
 as 
 
 04 
 
 
 ^ 
 
 00 
 
 B3 
 
 Pi 
 
 SZViot 
 
 78 
 
 IS 
 14 
 
 
 865 
 64 
 
 54Vioi 
 
 82 
 
 Soh. B 
 Soh. 
 
 
 668 
 
 7 
 
 
 ■ 1 
 
 15 
 
 
 62 
 
 
 96 
 
 1 
 
 
 448 
 
 
 
 16 
 
 • • • • • 
 
 814 
 
 
 
 2 
 
 
 448 
 
 
 
 17 
 
 SUTete. 
 
 
 
 
 8 
 
 
 448 
 
 
 
 18 
 
 
 361 
 
 
 
 4 
 
 
 449 
 
 
 
 19 
 
 
 314 
 861 
 
 
 
 S 
 
 
 449 
 
 
 
 
 I 
 
 
 6 
 
 
 449 
 
 
 
 Soh. A 
 
 
 186 
 
 
 
 Soh. A 
 
 
 460 
 
 
 74 
 
 
 
 109 
 111 
 
 
 
 Soh.B 
 Soh. C 
 
 
 451 
 
 
 1 
 
 
 461 
 
 
 
 A 
 
 
 111 
 
 
 
 Soh.D 
 
 
 460 
 
 
 
 8 
 
 • • I • 
 
 112 
 
 56Vict 
 
 42 
 
 22 
 
 1 
 
 84 
 
 
 
 4 
 
 
 112 
 
 
 
 
 3 
 
 84 
 
 
 
 5 
 
 
 112 
 
 
 
 
 8 
 
 85 
 
 
 
 6 
 
 
 112 
 
 
 
 
 4 
 
 85 
 
 
 
 7 
 
 
 112 
 
 
 
 
 5 
 
 85 
 
 
 
 8 
 
 
 113 
 
 
 
 
 6 
 
 30 
 
 
 
 9 
 
 
 113 
 
 
 
 
 7 
 
 36 
 
 
 
 10 
 
 
 59 
 
 
 
 232(a) 
 
 
 1 
 
 
 
 11 
 
 
 126 
 
 
 
 259 
 
 
 10 
 
 
 
 12 
 
 
 113 
 
 
 
 484 
 
 1 
 
 337 
 
 
 
 13 
 
 
 113 
 
 
 
 
 2 
 
 387 
 
 
 
 Soh. A 
 
 
 113 
 
 
 
 460 
 
 
 261 
 
 
 77 
 
 1 
 2 
 
 
 356 
 366 
 
 
 
 462 
 
 8 
 
 251' 
 261 
 
 
 
 3 
 
 
 
 357 
 
 
 
 . 4 
 
 250 
 
 
 
 4 
 
 
 357 
 
 
 
 
 5 
 
 260 
 
 
 95 
 
 4 
 
 
 335 
 
 
 
 487 
 
 • • • • • 
 
 2 
 
 58Viot 
 
 50 
 
 1 
 
 
 34 
 
 
 
 496 
 
 31 
 
 348 
 
 
 
 14 
 
 
 337 
 
 
 
 504 
 
 8 
 
 261 
 
 
 
 38 
 
 •••••• 
 
 267 
 
 
 
 520(a) 
 
 
 344 
 
 
 
 41 
 
 
 522 
 
 
 
 (ft) 
 
 
 522 
 
 
 105 
 
 1 
 
 4 
 
 Uoh. C 
 
 1 
 2 
 
 365 
 366 
 138 
 138 
 
 
 
 545(a) 
 
 669 
 612 
 
 i 
 
 2 
 
 349 
 347 
 267 
 267 
 
 
 127 
 
 
 Wtte. 
 
 366 
 
 
 
 616 
 
 4 
 
 267 
 
 «4Viot 
 
 44 
 
 7 
 
 
 315 
 
 
 47 
 
 2 
 
 
 265 
 
 
 82 
 
 1 
 2 
 
 
 139 
 139 
 
 
 
 3 
 5 
 
 
 266 
 
 263 
 
 
 
 3 
 
 
 129 
 140 
 
 
 48 
 
 52 
 
 1 
 
 S 
 
 
 
 
 
 
 55 
 
 
 . 5 
 
 
 
 
 
 133 
 
 
 
 56 
 
 
 6 
 
 
 
 4 
 
 
 
 136 
 141 
 
 
 90 
 
 66(a) 
 1 
 
 
 6 
 8 
 
 
 
 5 
 
 
 132 
 
 
 
 2 
 
 • • • • . 
 
 188 
 
 
 
 6 
 
 
 2 
 
 
 
 3 
 
 
 189 
 
 
 
 7 
 
 
 188 
 
 
 
 4 
 
 
 8 
 126 
 
 
 
 8 
 
 Effete. 
 
 
 
 
 
 
 
 9 
 
 
 38 
 
 
 
 5 
 
 
 8 
 
 
 
 10 
 
 1 
 
 358 
 
 
 
 6 
 
 
 63 
 
 
 
 
 2 
 8 
 
 4 
 
 358 
 358 
 359 
 
 
 
 7 
 Sch.A 
 
 
 862 
 (189 
 }204 
 
 
 
 11 
 
 •••■•* 
 
 652 
 
 
 98 
 
 1 
 
 
 469 
 
 
 
 12 
 
 ■••••■ 
 
 7 
 
 
 
 2 
 
 
 470 
 
 
 
 18 
 
 .*•••• 
 
 5 
 
 
 
 Soh. A 
 
 
 470 
 
 
 
 14 
 
 •••••• 
 
 62 
 
 
 
 Soh. B 
 
 
 476 
 
 
 
 Soh. A 
 
 • 141 
 
 
 
 1 
 
 
 867 
 
8TATUTK8 FIUNTKD OB RITBRBID TO. 
 
 XIII. 
 
 ONTABIO— ConlttMMtf. 
 
 
 • 
 
 
 1 
 
 •i 
 
 
 • 
 
 
 1 
 
 M 
 
 
 1 
 
 1 
 
 OQ 
 
 1 
 
 
 1 
 
 i 
 
 1 
 
 1 
 
 SSViofc 
 
 99 
 
 3 
 3 
 
 
 368 
 368 
 
 66Viot 
 
 81 
 
 7 
 8ch. P 
 
 6 
 
 S48 
 S48 
 
 
 
 4 
 
 1 
 
 3 
 
 IS 
 
 
 8S 
 
 1 
 3 
 
 
 197 
 351 
 
 
 
 
 3 
 
 389 
 
 • 
 
 
 S 
 
 
 » 
 
 
 
 
 4 
 
 369 
 
 
 
 4 
 
 
 S8 
 
 
 
 
 5 
 
 370 
 
 
 
 5 
 
 
 99 
 
 
 
 B 
 
 
 370 
 
 
 
 6 
 
 
 riss 
 
 1134 
 
 
 
 6 
 
 
 S7P 
 
 
 
 
 
 
 7 
 
 
 3/0 
 
 
 
 7 
 
 
 133 
 
 
 
 8 
 
 
 370 
 
 
 
 8 
 
 
 63 
 
 
 
 9 
 
 
 371 
 
 
 
 9 
 
 
 4 
 
 
 
 10 
 
 
 371 
 
 
 
 10 
 
 
 330 
 
 
 
 11 
 
 
 371 
 
 
 
 Sub. A 
 
 
 89 
 
 
 
 12 
 
 .. ... 
 
 371 
 
 
 
 8oh.B 
 
 
 64 
 
 
 
 13 
 
 
 371 
 
 
 94 
 
 1 
 
 
 490 
 
 
 
 14 
 
 
 37S 
 
 
 
 8 
 
 
 490 
 
 
 
 15. 
 
 
 372 
 
 
 
 3 
 
 
 490 
 
 
 
 16 
 
 
 372 
 
 
 
 4 
 
 
 400 
 
 
 
 17 
 
 
 373 
 
 
 
 6 
 
 
 490 
 
 
 
 18 
 
 
 372. 
 
 
 
 6 
 
 
 491 
 
 
 
 19 
 
 i 
 
 2 
 3 
 
 4 
 
 372 
 372 
 373 
 373 
 
 
 
 7 
 
 8 
 
 9 
 
 10 
 
 
 491 
 491 
 493 
 493 
 
 
 
 20 
 
 
 373 
 
 
 
 11 
 
 
 
 493 
 
 
 
 21 
 
 
 373 
 
 
 
 12 
 
 
 492 
 
 
 
 22 
 
 i 
 
 2 
 
 374 
 374 
 
 
 
 Sch. A 
 Sch. B 
 
 
 493 
 
 616 
 
 
 
 
 3 
 
 376 
 
 
 101 
 
 1 
 
 
 /376 
 
 
 
 
 4 
 
 375 
 
 
 
 1413 
 
 
 
 
 5 
 
 376 
 
 
 
 2 
 
 
 J 377 
 
 
 
 23 
 
 
 376 
 412 
 
 
 
 
 413 
 
 
 
 ••.•■* 
 
 
 
 3 
 
 
 412 
 
 
 
 24 
 
 
 377 
 412 
 
 
 
 4 
 
 
 412 
 
 
 
 
 
 
 6 
 
 
 413 
 
 
 
 26 
 
 
 
 377 
 
 
 
 Sch. A 
 
 
 413 
 
 
 
 26 
 
 
 378 
 
 
 102 
 
 1 
 
 
 618 
 
 
 
 27 
 
 
 378 
 
 
 
 17 
 
 
 618 
 
 
 
 Sch. A 
 
 
 378 
 
 
 107 
 
 1 
 
 
 339 
 
 
 
 Soh. B 
 
 
 410 
 
 
 
 2 
 
 
 339 
 
 
 103 
 
 • • • • . • 
 
 
 3 
 
 
 
 3 
 
 
 339 
 
 S6 Viot 
 
 3 
 
 8 
 
 
 523 
 
 
 
 Sch. A 
 
 ... 
 
 240 
 
 
 
 13 
 
 
 6-23 
 
 57 Vict 
 
 2 
 
 1 
 
 1 
 
 160 
 
 
 16 
 
 1 
 2 
 
 
 264 
 
 fl!(J4 
 
 
 
 
 2 
 3 
 
 160 
 161 
 
 
 19 
 
 
 
 66 
 
 
 
 
 4 
 
 161 
 
 
 
 1 
 
 
 66 
 
 
 
 
 6 
 
 161 
 
 
 
 2 
 
 
 66 
 
 
 13 
 
 1 
 
 
 320 
 
 
 
 3 
 
 
 57 
 
 
 60 
 
 3 
 
 
 1 
 
 
 
 4 
 
 
 57 
 
 
 83 
 
 1 
 
 
 83 
 
 
 
 A 
 
 
 57 
 
 
 
 Sch. A 
 
 
 84 
 
 
 21 
 
 4 
 5 
 
 
 
 346 
 347 
 347 
 
 
 93 
 
 1 
 2 
 3 
 
 
 439 
 439 
 439 
 
 
 
 7 
 
 i 
 
 2 
 
 .347 
 
 
 
 4 
 
 5 
 
 
 430 
 440 
 
 
 
 
 3 
 
 347 
 
 
 
 6 
 
 ...... 
 
 441 
 
 
 
 
 4 
 
 347 
 
 
 
 7 
 
 
 
 441 
 
 
 
 
 5 
 
 347 
 
 
 
 8 
 
 
 4^2 
 
iPPinnpiippii 
 
 XIV. 
 
 STATUnS PBIMTBD OR RBFEBBED TO. 
 
 ONTARIO-^CofKtntMrf. 
 
 67 VIot 
 
 «S 
 
 I 
 
 
 10 
 
 11 
 
 19 
 13 
 14 
 18 
 16 
 17 
 18 
 19 
 26 
 Soh.A 
 
 i 
 
 as 
 
 I 
 
 442 
 
 442 
 
 442 
 443 
 4<3 
 443 
 444 
 444 
 444 
 444 
 444 
 
 
 ProoUmatioii 3rd Deoember, 1862 . . . 
 
 17th September, 1873. 
 
 17th July. 1875 
 
 22ad Jane, 1886 
 
 22nd September, 1886 
 
 24th September, 1887. 
 
 29th September, 1885. 
 
 29th September, 1888. 
 Order-in-ooanoil, I8tb Sept., 1891 . 
 
 19 
 90 
 90 
 24 
 25 
 27 
 30 
 32 
 36 
 
STATUTES 
 
 SrWUIXT BILATUIO TO 
 
 THE CITY OF TORONTO. 
 
 *•■•» 
 
 AamcnLTiTRB and arts. 
 
 R. S. O. (1887) o. 88. 
 
 An Act for the Encouragement of Agriculture, 
 Horticulture, Arts and Manufactures. 
 
 The Cit^f of Toronto constUtUed one Electoral District 
 and to rA.nve not more than $660 of the Legislative 
 grant in any one year. See R. 8. 0. (1887) c 39, s. 67 
 
 ALDBRMBN. 
 
 57 Viol. o. 50 (Ont.) 
 The Municipal Amendment Act, 1894. 
 
 [Assented to 5th May, 1894.] 
 
 8. — (1)* In cities havin^ a population of lOO^OOO orRemunera- 
 over the council may by by-law determine that an annual ^on of alder- 
 remuneration, not exceeding $300, may be paid to alder- "J-^J^" ^'** 
 
 * Section 232 (a) of The CotuoUdaUd Municipal Act, 189i, 
 
ASBBBIDaCs BAT. 
 
 men, and that an annual remuneration not exceeding tlOO 
 in addition may be paid -to the ohairmen of the stuiding 
 committeeB and of the court of revision and board of health, 
 and it shall be provided t)iat in the case of aldermen or 
 ohairmen there shall be- deductions from such remunera- 
 tion on account of absence from meetings of Uie council or 
 committees or court of revision or boara of health. 
 
 (2) The provisioiift of this section shall apply to the cur- 
 ieat year as well as to future years. 6? V. c. 50, s. 8. 
 
 ARBITRATIONS. 
 
 55 Viot. o. 42 (Ont.) 
 
 An Act to Consolidate the Acts respecting Muni- 
 cipal Institutions. 
 
 [Assented to Uth AprU, 1892.] 
 
 Arbitrations to asce^imn compensation for lands tctken 
 or injured, by cities containiro one hwndr^ thov^and 
 inhamtanta. See 55 V. c. 42, s. 487. 
 
 ASHBRIDOB'S BAT. 
 54 Viot c. 82 (Ont) 
 
 An Act respecting the City of Toronto. 
 
 [A^ented to Uh May, 1892.] 
 
 • .1 
 
 ..f: 
 
 Power to re; 5. Subject to the provisions of section 344 of The Muni- 
 ^^^^.g^cipoi Act, the corporation of the city of Toronto may take 
 Bay. such steps as they may consider necessary to reclaim cer- 
 
ASHBRIDGBS BAY. 
 
 gflOO 
 
 anding 
 health, 
 men or 
 lunera- 
 tnoil or 
 
 he car- 
 8. 
 
 niuni- 
 
 J92.] 
 
 r taJeen 
 itsand 
 
 tain waste marsh lands in the neighbourhood of Ash bridge's 
 Bay, and may by by-law determine what lands will be 
 benefited by the said improvement, and the proportion in 
 which the cost thereof should be assessed against the said 
 lands so respectively benefited, and also the proportion 
 (if any), of tne cost of the said improvement which should 
 be assumed by the city at large, and may r.ssess and levy 
 the portions to be borne by the lands benefited against the 
 said lands in such relative proportions and payable within 
 such period as the said corporation may determine by the 
 same or any other by-If.w ; there shall hi the same right 
 of appeal from any such proposed assessment to the court 
 of revision and the county judge as is provided in section 
 569 of The Municipal Act, and the proceedings thereon R. S. 0. 
 shall be the same as in the case of appeals from ordinary "• l^- 
 assessments under The Assessment Act : Provided always Proviso, 
 that notwithstanding anything in this section contained R. S. a 
 all letters patent, from Her Majei..y to the said city of°- **^ 
 Toronto and especially those certain letters patent from 
 Her Majesty to the said city of Toronto bearing date the 
 18th day of May, 1880, and the 17th day of April, 1882, 
 and all matters, terms, conditions, stipulations and provi- 
 sions contained in any and every of such letters patent and 
 all the rights, interests and control either of Her Majesty 
 or of the Province of Ontario of, in, to or out of or in res- 
 pect of any and all lands covered by the waters of the said 
 Ash bridge's Bay, and of, in, to and out of or in respect of 
 any and all waste marsh or other lands in the neighbour- 
 hood of Ashbridge's Bay shall to all intents and for all 
 purposes remain, continue and exist in full force and effect 
 and without any varying or alteration thereof and as if 
 this Act had not been passed. 54 V. c. 82, s. 6.- 
 
 55 Viot. 0. 90 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Assented to lUh ApHl, 1892.] 
 
 92.] 
 
 Muni- 
 y take 
 n cer- 
 
 1. For the purpose of carrying out the proposed recla- Power to con- 
 mation of Ashbridge's Bay and the marsh lands in the *'"■*'* '<"" "• 
 neighbourhood thereof, the corporation of the city ofSSdge'a 
 Toronto may make agreements with Robert Alexander and Bay. 
 L. H. Stevens,* or with any other persons providing for a 
 
 *5ee 55 V. o. 103 (Ont.) "An Act to incorporate The Toronto and 
 Ashbridge's Bay Improvement Company. 
 
AHHBhlDOEH HAY. 
 
 lease (with or without the right of purchase) to the said 
 
 {>er8ons, with or without other persons, of the lands and 
 ands covered with water comprised in certain letters 
 Katent from Her Mujesty to the said corporation, dated 
 lay 18th, 1880, nnd April 17th, 1882, and for cairying out 
 a scheme for the reclamation and improvement of the said 
 lands, including the marsh and Ash bridge's Bay, and such 
 agreement may provide for the exemption from taxation 
 for a period to be therein named, of any or all of the 
 lands so to be reclaimed, and of the improvements to be 
 made thereon, including machinery and plant; but any 
 such agreement shall be subject to and have n9 oifect with- 
 out the approval of His Honour the Lieutenant-Governor 
 in Council. 56 V. c. 90, s. 1. 
 
 56 Viot. 0. 85 (Ont ) 
 
 An Act respecting the City of Toronto. 
 
 [Aaaented to 27th May, 1893.] 
 
 Iwne of de- 9. The corporation of the city of Toronto may, without 
 AshWidKe^e submitting the same to a vote of the ratepayers entitled to 
 Bay improve- vote upon TOoney by-laws, issue " City of Toronto General 
 n;«n*« nutho- Consolidated Loan Debentures " to an amount not exceed- 
 rued. ji^g SI 40,000, to defray the cost of certain proposed im- 
 
 provements in and in the neighbourhood of Ashbridge's 
 Bay, as referred to in Report No. 37 of the committee on 
 works of the council of the said corporation, adopted by 
 the said council on the 21st day of November, 1892, and 
 may enter into contracts for the carrying out of such 
 works or any part thereof, or may do the same or any part 
 thereof by day labour, and may purchase the necessary 
 plant and material therefor, as to the said council may 
 from time to time seem proper, and may, if necessary, 
 borrow money in advance from banks or other corpora- 
 tions or persons, to pay for such improvements, to be repaid 
 by the proceeds of the sale of such debentures when issued, 
 and sold or hypothecated. 56 V. c. 85, s. 9. 
 
AHSIHHMKNTS. 
 
 ASSBSSMBHTS. 
 
 rAoa 
 
 1. Taeihg AmnsMiMTB— Coitut or Rkvision 5 
 
 2. conpibmation op a88k88mknt8 <t 
 
 3. Local A88khmentr 8 
 
 4. Tkhritort Ad:>bd in 1887 • 
 
 8. St. Matthkw'h Wabu— See Paoe 4fl. 
 
 6. Urookton A88bs8MknthandSt. Mark's Ward— &e Brockton. 
 
 7. Dbbt and Dkbunturks— .See Dbbt and Ukkkntuhb*. 
 
 8. Don IiirRovBMKN'ra— .See Don Ihprovkmknth. 
 
 0. KSPLAKADK A8MKS8MKNT8-&>e KSFLANADB. 
 
 10. Fkkb LiBRARY~5ee Library and MuaBCi. 
 U. Parkdalb Ahsrhsmbnth— See PARKDALa 
 
 1. TAKING ASSESSMENTS-OOUBT OF RBVI8I0N. 
 55 Viot. 0. 48 (Ont) 
 
 An Act to consolitlate the Acts respecting the 
 Assessment of Projjerty. 
 
 [Assented to Uth April, 1892.] 
 
 52- — (1) In [the city of Toronto] the council, instead Time for 
 of being bound by the periods * * mentioned [by 27te'*''>'»8 **>•*•: 
 Consolidated Assessment Act, 1892], for taking the ftsse**- IJ^uIm the ' 
 ment, and by the periods named for the revision of the rolls in cities, 
 rolls by the court of revision, and by the county judge, «'*'• 
 may pass by-laws for regulating the above perioils, as 
 follows, that is to say : — For taking the as.sessment before 
 the 30th day of September, the rolls being returnable in 
 such case to the city * * clerk on the 1st day of 
 October ; and in such case the time for closing the court 
 of revision shall be the loth day of November, and for 
 final return by the judge of the county court the 31st 
 day of December ; and the assessment so made and con- 
 cluded may be adopted by the council of the following 
 year as the assessment on which the rate of taxation for 
 said following year shall be levied, and in the year follow- 
 ing the puasing of the by-law, the council may adopt the 
 assessment of the preceding year as the basis of the assess- 
 ment of that year. R. S. O. 1887, c. 193, s. 52 : 54 V. 
 c. 82, 8. 13. 
 
 55- If the council of the municipality consists of not When oonn- 
 more than five members, such five members shall b^ the «U consists of 
 court of revision for the municipality. 55 V. c. 48, Jj|[" "•"'*" 
 8. 55. 
 
PPT" 
 
 mmmmm 
 
 SBSS9 
 
 6 
 
 ASSIHSMBNTO. 
 
 Wbcnof more 5$. If the council consiHts of more than five members, 
 *''*'* "^*' such council shall appoint five of its members to be the 
 court of revision. 56 V. a iS, s. 56. 
 
 Abpolntment 
 of Court of 
 Raviaton in 
 Urgt oitioa. 
 
 66a. — Notwithstanding anything contained in the two 
 preceding sections, the council of any city having a popu- 
 lation of 40,000 or over, may by bv-law apjMint in each 
 year as the court of revision for tfie municipality, three 
 persons, none of whom shall be a member or officer of, or 
 or in the employment of the city council, and may pro- 
 vide by the same or any other by-law for the pavment of 
 the members of such court of revision ; and such persons 
 HO vHppointed shall be a court of revision for such city, 
 and £he court shall have the same powers as a court of 
 ravision appointed under the above sections, and those 
 
 A5 V. 0. 48. sections of this Act and The Municipal Act which apply 
 to courts of revision, and are not inconsistent herewith 
 
 85 V. 0. 42. shall apply hereto, and this section may be read therewith. 
 55 V. c. 48, s. 56o. 
 
 2. OONFIBMATION OF ASSESSMENTS. 
 20 Viot. 0. 68. 
 
 An Act to legalize certain Assessments in the City 
 of Toronto and to enable the said City to 
 recover the Taxes rated and changed. 
 
 [Aascnted to I8th Septemher, 1865.] 
 Effete. 
 
 20-80 Viot. 0. 78. 
 
 An Act to repeal the Act to legalize certain 
 Assessments in the City of Toronto, and to 
 enable the said City to recover the Taxes 
 rated and charged. 
 
 [Assented to loth Auyiist, 1866.] 
 
 .^'ete. 
 
64 Viot. 0. 82 (Ont.) 
 All Act rcHiMJcting the City of Torcmto. 
 
 [Aimnted to %th IKiy, l«Li 
 « • • , ♦ • • 
 
 13. By-law number 2577 of the said corporation, [of the **yj»'*^" 
 city of Toronto] printed an schedule " C " hereto, is hereby "«»"'™«'- 
 confirmed, and the said corporation is declared to have had 
 power to pass the same. 54 V. <» 82, s. 12. 
 
 SCHEDULE C. 
 
 (See Sectiofi, 12.) 
 
 No. 2577. — A by-law to confirm certain assessments made 
 for improvements, works and services to be paid for 
 by local assessments on the property immediately 
 benefited thereby. 
 
 [Passed April 14th, 1800.] 
 
 Whereas it is provided by The Municipal Act that the 
 council of every city may pass by-laws for providing the 
 means of ascertaining and determining what veal property 
 would be immediately benefited by any proposed improve- 
 ment, the expense of whicn is proposed to be assessed on 
 the real property benefited thereby, and of ascertaining 
 and determining the proportion in which the asseasments 
 are to be made on the various portions of real property so 
 benefited : and whereas on the eighth day of December, 1884, 
 by-law No. 1522, being a by-law respecting local improve- 
 ments and special assessments therefor, was passed by this 
 council ; and whereas various improvements, works and 
 services have been recommended by the city engineer, 
 approved of by the committee on works, and adopted by 
 the council, all of which have been subi.>itted to the court 
 of revision, and duly confirmed by that ( ourt, and by the 
 county judge in coses where there has been an appeal 
 therefrom ; and whereas the pvovisions of said by-law 
 1522, relating to siiid works, improvements and services, 
 may not have been strictly complied with in all respects ; 
 ana whereas it is desiral>le to confirm the said assessments, 
 notwithstanding any failure to conipl}' with all the condi- 
 tions of snid by-law 1522 ; 
 
8 
 
 AMHniHMBNm 
 
 Therefore the municipal council of the corporation of 
 the city of Toronto enactA as follows : 
 
 1. That the improvementB, works and services recom* 
 mended by the city engineer since the eighth day of 
 December, 1884, the coat of which improvements, works 
 or services was recommended to be assessed against the 
 real property to be benefited thereby, and which recom- 
 mendations were approved of by the committee on works, 
 and adopted by the council, and were submitted to the 
 court of revision and duly confirmed by said court, and 
 by the county judge in cases where there has been an 
 appeal from said court, and all assessments therefor are 
 hereby validated and confirmed, notwithstanding that t)ie 
 provisions of by-law 1522 respecting the same may not 
 nave been strictly complied with in regard thereto. 54 
 V. c. 82, Sched. 0. 
 
 & LOCAL A88E88MENTB. 
 
 55 Viot. o. 90 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Aftaented to I4th A^n'il, 1892.] 
 
 Powertoiasue 4. The Corporation of the city of Toronto may construct, 
 ilebentares repair, renew and maintain pavements on those portions 
 railway pave- o^ ^^^ Streets of the said city occupied by the right of way 
 menta. of the Toronto Railway Company (being a width for single 
 
 tracks of eight feet three inches, and for double tracks of 
 sixteen feet six inches.) * ♦ * 55 V. c. 90, a. 4, part. 
 
 Power to pave 5. Pursuant to the powers contained in and according 
 litS *o *^® pi-ocedure provided by The Municipal Act, the said 
 
 corporntion may at the same time or at any other time, 
 pave the remaining longitudinal sections of the said streets, 
 and may assess the cost thereof as a local improvement 
 upon the abutting properties pursuant to the provisions of 
 the said Act, and in construing the said Act, it shall be 
 held that such paving is a work of the class referred to in 
 sub-section 2 of section (il2 of the said Act 55 Y. c. 90, s. 5. 
 
 05 V. o. 42. 
 
ABSBSBMSNTB. 
 
 4. mUTOBT ADDID Of 1N7. 
 
 6S Viot 0. 78 (Ont) 
 An Act peH|)ecting the City of Toronto. 
 
 \Aaaented to 22rd Mnvch, 1880.] 
 
 10, The peraoDB or corporaiionH whose names appear onTkiMforiSW 
 the aaseaNment roll of the township of York, as Anally <"> **'^?7 
 revised and corrected for the year 1887, as the owners and [j^^'nin ^^ 
 occupants of the lands annexe J to the city of Toronto by of Mth Htpt., 
 the Proclamation of His Honour the Lieutenant-Qovemor * W* 
 of Ontario in Council, dated the 24th day of September, 
 1887, and the said lands respectively are hereby declared 
 to be and to have been on the first day of January, 1888, 
 severally liable to the city treasurer of Toronto for taxes 
 at the rate of 14f mills in the dollar, upon the asaessed 
 value of the said severni properties aforesaid, the said rate 
 being that which was fixed as the rate of taxation upon 
 property in the city of Toronto by by-law No. 2075 of 
 the corporation of the city of Toronto. 52 V. c. 73, s. 10. 
 
AUDITOB8. 
 
 AUDITOBS. 
 
 55 Viot. 0. 42 (Ont.) 
 
 Report of 
 auaiton. 
 
 An Act to consolidate the Acts respecting Muni- 
 cipal Institutions. 
 
 [Assented to lUh AptH, 1892.] 
 
 269. — (1) The council of the coi-poration of the city of 
 Toronto shall appoint two auditors, who shall hold office 
 during pleasure. 
 
 Appointment (2) The treasurer shall prepare in duplicate, not later 
 forTonmto. ^^^^ *^® ^**' '^^y °^ April, in each year, an abstract of the 
 receipts and expenditure of the city for the year ending on 
 the 31st of December preceding, and of the assets and lia- 
 bilities thereof at that date, and shall submit the same to 
 the auditors for examination. The auditors shall audit 
 this abstract with the treasurer's books, and shall make a 
 report on all accounts audited by them, and a special report 
 as to any expenditure made contrary to law ; and on or 
 before the 1st day of May shall transmit one copy of the 
 said abstract with their report thereon to the Secretary of 
 the Bureau of Industries, Toronto, and file the other in 
 the office of the clerk of the council ; and tliereafter any 
 individual or ratepayer of the municipality may inspect 
 the same, at all reasonable hours, and may, by himself or 
 his agent, at his own expense take a copy thereof or 
 extracts therefrom. 55 V. c. 42, s. 259 (1). 
 
 ■*v 
 
BOUNDARIES OF TBB CITT AMD WARDS. 
 
 11 
 
 BOXJNDARIBS 07 THB OITT AND WABDS. 
 
 Paok. 
 
 1. Inoorpokation or tub City, 1834 11 
 
 2. CoLLioK AvKNCB Umivsrbity Orodmds— 8t. Jamis' Ward 16 
 
 3. MCNIOIPAL COBPORATIOMS AcT, 1849 16 
 
 4. St. John's Ward i8 
 
 5. Old Northern Boundary Limi— 5ee Roads and Streets. 
 
 6. St. Thomas' Ward 20 
 
 7. St. Stephen's Ward 30 
 
 8. St. Paul's Ward (Yobkvillb) 21 
 
 9. St. Matthew's Ward, and St. Mark's Ward (Brockton). . . 22 
 
 10. New Division of St. Stephen's and St. Mark's Wards 24 
 
 11. Additions to the Wards op St. Lawrence, St. Paul, St. 
 
 Stkphen and St. Mark 25 
 
 12. St. Alban's Ward (Parkdalb) 30 
 
 13. New Division of City into Wards 33 
 
 14. Addition to Ward No. 6 38 
 
 1. mOOBPOBATION OF THE OITT, 18S4. 
 
 4 Wm. IV. O. 28. 
 
 An Act to extend the limits of the Town of York ; 
 (a) to erect the said Town into a City ; and to 
 incorporate it under the name of the City of 
 Toronto. 
 
 [Passed Gtk March, 1834.] 
 
 2. * * That all that pai*t of the county of York Boundariet. 
 
 which lies within the following limits, that is to say : — 
 
 Commencing at the distance of one chain on a course q^jjjjjj^jj^j. 
 
 south, sixteen degrees east fiom the south-westerly comer one rhain on 
 
 of lot number two in the first concession from the bay in a conn., south 
 from the 
 
 (a) The oi-iffinal town plot was in the form of a parallelogram, bounded north-wester- 
 on the north by Ducheas street, on the south by Front street, on the eaat {^4*^™*! , 
 by Ontario street, and on the west by George street On the 10th June, ~" ""• "' "* 
 lt97, a plan for the enlargement of the t%wn of York was signed by Pte- ","* ^•""*''" 
 aident Russell, in Council. It inchvled a tier of acre lots on the east side ^^ *""" *"' 
 of Ontario street, between Front street and Queen street, and extended "^X* 
 the limits of the town, between Front street and Queen street to York 
 street. In 1798, the town was extended between Front street and Queen 
 street to Peter street. In 1817, when York was made a police town, it 
 was enacted by 57 Geo. III. c. 2, s. 1, "That the beach east of Russel's 
 creek " (which had its outlet a few feet west of the foot of Simcoe street), 
 "and the carriage-way in front of the town of York be taken and 
 considered as part of the said lown and be subject to the regulations of 
 its police." About the year 1831, a portion of the land reserved for 
 military purposes laying to the west of the town was laid out, and the 
 town was extended M'esterly to a point about 307 feet west of the north- 
 west comer of Front and Bathurst streets, thence north-westerly to 
 Tecumseth street and along a segment of a circle about 219 feet from the 
 west side of Niagara street to King street, which was subsequently . 
 
 extended to Queen street. 
 
IS 
 
 BOUNDABIE8 OF THE CITY AND WAKDS. 
 
 Sontherly. 
 
 Werterly, 
 through the 
 WAt^ra of 
 Ontario. 
 
 Five huudred 
 feet from the 
 margin. 
 To 600 feet 
 from north- 
 west point of 
 peniniuia ao- 
 rou the Bay. 
 
 Northerly. 
 
 Easterly. 
 Southerly. 
 
 Easterly to 
 place of be- 
 ginning. 
 
 Excepting the 
 lands convey- 
 ed to King's 
 College. 
 
 City and 
 liberties of 
 Toronto. 
 
 Proviso for 
 future altera- 
 tion of boun- 
 daries. 
 
 Limits of 
 City. 
 
 the township of York, in the county of York; thence 
 sontherly in the direction of the side line between lots 
 numbers two rnd three in that concession to the distance 
 of five hundred feet- from the point at which the said line 
 intersects the margin of the water on the shore of Lake 
 Ontario; thence westerly through the waters of Lake 
 Ontario, following the direction of the curvatures of the 
 shore, &nd keeping always at the distance of five hundred 
 feet from the margin of the water till the point is 
 attained, which is five hundred feet froni the north-west- 
 enuost point of the Island or Peninsula forming the 
 harbour ; thence across the bay or harbour of York to a 
 point where a line drawn southerly from the north-easterly 
 corner of Park lot number twenty-nine in the said town- 
 ship of York in the direction of the easterly boundary 
 line of the said Park lot intersects the margin of the water 
 on the shore of Lake Ontario; thence northerly in the 
 direction of the said line so drawn from the said corner of 
 the said Park lot through the said corner to the point at 
 which the said line so drawn through the said corner 
 intersects the northerly boundary line of the allownnce for 
 road between the Park lots and the second concession from 
 the bay in the said township of York ; thence easterly 
 along the said northerly boundary line of the said allow- 
 ance for road to the easterly shore or water's edge of the 
 river Don ; thence southerly along the water's edge on 
 the eastern side of the said river to the point where the 
 said water's edge intersects the southerly boundary line 
 of the allowance for road in front of the said first conces- 
 sion ; thence easterly along the southerly boundary line of 
 the allowance for road in front of the 'said first concession 
 to the place of beginning : except so much thereof as by 
 certain indentures bearing date the tenth day of December, 
 one thousand eight hundred and twenty-eight, the nine- 
 teenth day of May, the fifteenth day of August aind the 
 second day of December, one thousand eight hundred and 
 twenty-nine, respectively, has been conveyed to the Uni- 
 versity of King's College or the ch.ancellor, president and 
 scholars thereof, (b) shall from henceforth constitute the 
 city of Toronto and the^ liberties thereof, (c) Provided 
 always that such limits of the said city and the liberties 
 thereof respectively shall and may be altered with respect 
 to each other from time to time as hereinafter provided. 
 4 Wm. IV. c. 23, s. 2. v , 
 
 8. * * That so much of that part of the county of 
 York described in the second clause of this Act, except as 
 
 (b) The College avenue and the Queen's Park were included in the 
 city by V. c. 70, a. 1, p. 16, and the territory described in this section 
 (with the avenue and park included), was the city as defined by 12 V. 
 o. 81. Sched. C. 3. 
 
 (e) Liberties and outer wards in all cities were abolished by 22 V. 
 0. 99, 8. 20. (C. S. U. C. c. 54, s. 20.) 
 
bOUNbAlilES Of THE ClTt AND WARDS. 
 
 JS 
 
 before excepte . as lies within the following limits, that is 
 to say : — Com nencing at the distance of one chain on a 
 course north se .enty-f our degrees east from the south-east 
 angle of Park lot number three in the said township of 
 York ; thence south sixteen degrees east upon a continu- 
 ation of the allowance for road between Park lots num- 
 bers two and three to the water's edge of the bay in front . 
 of the town of York ; thence westerly along the water's 
 edge of the said bay to the point at which the westerly 
 limit of the allowance for road between Park lots numbers 
 eighteen and nineteen in the said township of Y ^'< being 
 produced southerly intersects the said water's edge , thence 
 northerly in the direction of the said westerly limit of the 
 said allowance for road to the distance of four hundred 
 yards north of the northerly boundary line of Lot street ; 
 thence easterly parallel to Lot street to the easterly boun- 
 dary line of the allowance for road between Park lots 
 numbers two and three ; (d) thence south sixteen degrees 
 east along the easterly boundary line of the said allowance 
 lor road four hundi-ed yards more or less to the place of 
 beginning shall constitute the city of Toronto ; (e) and thatp**y ^'^^^ 
 the said citv shall be and the same is hereby divided in " ^* 
 five wards, to be called respectively the wards of Saint 
 George, Saint Patrick, Saint Andrew's, Saint David's and 
 Saint Lawrence. 4 Wm. IV. c. 23, s. 3. 
 
 4. * * That St. David's Ward shall consist Ward of St 
 of all that part of the said city which lies to the north- 1^*^*^' 
 ward of the northerly boundary lino of King bticet and 
 King street east to the eastward of tho westerly boundary 
 line of Yonge street. 4 Wm. IV. c. 23, s. 2, ' 
 
 6. ♦ * That St. Andrew's Ward .shall consist Ward of st 
 of all that part of the said city which lies between the ^d"^* 
 northerly boundary line of King street and the northerly 
 boundary line of Lot street and west '^f the westerly boun- 
 dary line of Yonge street. (/) 4 Wm. IV. c. 23, s. 5. 
 
 6. * * That St. Patrick's Ward shall consist Ward of St 
 of all that part of the said city which lios to the north Patrick, 
 of the northerly boundary line of Lot street and west of 
 the westerly boundary line of Yonge street, (g) 4 Wm. 
 IV. 0. 23, s. 6. 
 
 ((/) Except 400 yards of the south part of the College avenue (see aec. 
 (2) whic 1 was after^vards included in the city proper by 9 V. c. 70, p. 16. 
 
 («) The territory described in this section with the south part of the 
 avenue included, was the city as defined by 12 V. c. 81, Schedule C. 3. 
 
 if) By 12 V. c. 81, Sched. U. 3, St. Andrew's Ward is described at- com- 
 prising " all that part of the said city lying between the northerly boun- 
 dary hue of King street east and the northerly boundary line of Queen 
 street east and west of the westerly boundary line of Yonge street." 
 
 {g) See note {d) Hupra. . 
 
t^ 
 
 BOUNDARIES OP THE CITY AND WARDS. 
 
 Ward of 8t. 
 Lawrence. 
 
 T. 
 
 That St. Lawrence Waid shall con- 
 
 WaidofSt. 
 Oeorge. 
 
 Other parts 
 attached to 
 the Ward of 
 St. Lawrence. 
 
 To the Ward 
 of St. David. 
 
 To the Ward 
 of St. George. 
 
 To the Ward 
 of St. And- 
 rew. 
 
 To the Ward 
 of St. Patrick. 
 
 Limits be- 
 tween the 
 parts so at- 
 tached, how 
 ascertained. 
 
 sist of all that part of the said city which lies to the south- 
 ward of the northerly boundary line of King street and 
 King street east and to the eastward of the westerly 
 boundary line of Yonge street (h). 4 Wm. IV. c. 23, s. 7. 
 
 8. * * That St. George's Ward shall consist 
 of all that part of the said city which lies to the south- 
 ward of the northerly boundary line of King street and to 
 the westward of the westerly boundary line of Yonge 
 street. 4 Wm. IV. c. 23, s. 8. 
 
 9- * * That until otherwise provided by 
 
 Act of Common Council, so much of the liberties of the 
 said city as lies to the southward and eastward of the 
 St. Lawrence Ward shall be and is hereby attached to the 
 said St. Lawrence Ward ; so much thereof as lies to the 
 northward and eastward of the St. David's Ward shall be and 
 is hereby attached to the said St. David's Ward (i) ; so 
 much thereof as lies to the south vard and westward of 
 the St. George's Ward shall be and is hereby attached to 
 the said St. George's Ward ; so much thereof as lies to 
 the westward of St. Andrew's Ward shall be and is hereby 
 attached to the said St. Andrew's Ward ; and so njucn 
 thereof as lies to the northward and westward of the St 
 Patrick's Ward shall be and is hereby attached to the said 
 St. Patrick's Ward ; the limits between the respective por- 
 tions of the said liberties hereby attached to the different 
 wards of the said city being ascertained by the ext(:nsion 
 of the boundary lines between the said wards respectively, 
 through the said liberties except the boundary line between 
 the portions hereby attached to the St. Lawrence Ward 
 and that hereby attached to the St. David's Ward which 
 shall consist of the northerly boundary line of King street 
 east to the river Don. 4 Wm. IV. c. 23, s. 9. 
 
 (/() By 12 V. c. 81, Sched. C. .3, St. Lawrence Ward is described as com- 
 prising " all that part of the said city lying to the southward of the north- 
 erly boundary line of King street east and to the eastward of the westerly 
 boundary line cf Yonge street." , • 
 
 (t) The liberties in St. David's Ward were apparently abolished by 9 
 V. 0. 70, s. 1, p. 15 when St. James' Ward was formed. 
 
 K!> 
 
BOUNDAFJES OF THE CITT AND WARDS. 
 
 15 
 
 2. OCLLBOE A\XNUE. UNIVEB8ITT OBOUNDB-ST. 
 JAMES' WARD. 
 
 9 Viot. a 70. 
 
 An Act to amend the Act of Incorporation of the 
 City of Toronto {J ). 
 
 • [9th June, 1846.] 
 
 1. That so much of the second section as excepts the Oertein p»rta 
 lands conveyed to the JJniversitj' of King's College or to^m^lJEud* 
 the Chancellor, President and Scholars thereof from being "■ "P*** 
 included within the liberties thereof, and so much of the 
 said section as divides the city into five wards, and so 
 much of the ninth section as provides for the liberties to be 
 attached to St. David's Ward • • of the Act of the 
 Legislature of Upper Canada, passed in the fourth year of 
 the reign of his late Majesty Kin^ William the Fourth, 
 intituled An Act to extend trie limits of the toum of York, ' 
 to erect the said town into a city and to incorporate it 
 wilder the name of the city of Toronto ♦ ♦ be and 
 the same are hereby repealed. 9 V. c. 70, s. 1. 
 
 18. * * That the said city of Toronto shall City of To- 
 be divided into six wards, to be called St. James, St. fonto divided 
 jDavid, St. Lawrence, St. George, St. Andrew and St.^^^* 
 Patrick, and that until otherwise provided, as hereinafter 
 mentioned, the said four last mentioned wards shall con- 
 tinue to comprise the same parts of the city and liberties 
 respectively as before this Act was passed. 9 V. c. 70, s. 18. 
 
 19. * * That the St. James' Ward shall com- St James* 
 prise all that part of the said city and liberties lying Ward, 
 within the following limits, that is so say : — Between the 
 northerly boundary of King street, the easterly (k) boun- 
 dary of Yonge street, the westerly boundary of Nelson 
 
 street {I), and the extreme end or verge of the liberties 
 within these boundaries (II). 9 V. c. 70, s. 19. 
 
 ij) Re(>ealed by 12 V. c. 80, Sched. A., the boundaries of tlie city being 
 described in tlie next Act, 12 V. c. 81, Sched. C. 3. 
 
 (il) Quaere "westerly." — iSee westerly boundary line of St. David's Ward, 
 4 Will. IV. c. 23, 8. 4, p. 13, and 12 Vict. c. 81, Sched. C. 3, p. 17. 
 
 (I) Properly — Nelson street and Nelson street produced. See note (m) to 
 sec. 20, p. 16. 
 
 ill) This would make the northern limit Bloor street, and t^ this ward 
 there would be no liberties. But see 12 V. o. 81, Sched. C. 3, p. 17. 
 
16 BOUNDARIES OF THE CITY AMD WARDS. 
 
 BL P»vid'i 90. * * that the St. David's Ward shall coni- 
 ^•^; prise all that part of the said city and liberties lyiuff 
 wiUiin the following limits : Between the easterly (m) 
 boundary of Nelson street and the northerly boundary of 
 King street eastward thereof to the extreme end or veiye 
 of the liberties within those boundaries (n). 9 V. c. 70, 
 ,8.20. 
 
 ****** 
 
 An 
 
 S. MXTNIOIPAL OOBPOBATIONS AOT, 1848. 
 12 Viot. 0.^1. 
 
 Act to provide by one general law for the 
 erection of Municipal Corporations and the 
 establishment of Regulations of Police in and 
 for the several Counties, Cities, Tovirns, Town- 
 ships and Villages in Upper Canada. 
 
 [Aeaented to SOth May, 1849.] 
 
 . Schedule C. — 3 Toronto. T)ie city and liberties (6) there- 
 of to consist of all that part of the Province situate in 
 the cotfnty of York and lying between the following 
 limits, that is to say : 
 
 The same description as in 4 Will. IV. c. 23, 8. 2, hut 
 incltiding the College avenue and Queen's Park : See 9 V, 
 0. 70, 8. 1. 
 
 The said city to consist of all that part of the tract of 
 land above described [see 4 Will. IV. c. 23, s. 2] lying within 
 the following limits, that is to say : 
 
 The same description as in 4 Will. IV. c. 23, s. 3, but 
 incluAiing the south J^OO yards of the College avenue. 
 See 9 V. c. 70, s. 1. (p) 
 
 (m) Quaere "westerly," otherwise Nelson street was ndt in either ward. 
 See 12 V. c. 81, Sched. C. 3, p. 17. 
 
 (n) This would make the northern boundary Bloor street, and the 
 «Mtem boundary the east side of the river Don to King street, and to 
 this ward there would be no liberties. But see 12 V. c. 81, Sched. G. .S. 
 
 (o) Liberties and enter wards in all cities were abolished by 22 V. c. 99, 
 a. 20 (C. S U. C. c. 54, s. 20). This left the city proper, as the Act of 
 incorporation (4 Will. IV. c. 23) defined the city and liberties, including 
 also tlie University lands, made part of the liberties by 9 V. c. 70. 
 
 ( p) The abolition of liberties b^ 22 V. c. 99, s. 20, doubtless brought the 
 College avenue and Queen's Park into the city, as they were part of the 
 liberties by 9 V. c. 70, s. 1, p. 16, but by 22 V. c. 110, s. 2, p. 317, it was 
 enacted that the University Park (the Queen's Park) shall be pari of the 
 city so long as it was under lease to the city. 
 
BOUMDARIEM OF THE CITT AMD WARDS. 
 
 The said city to be divided into six wards, to be called 
 respectively the wards of St. James, St. David, St 
 Lawrence, St. George, St. Andrew and St. Patrick, and to 
 comprise the following portions of the said city respec- 
 tively, that is to say : 
 
 The said Ward of St. James to comprise all that part of 
 the said city lying between the northerly boundary line of 
 King street east, the westerly (q) boundary line of Yonge 
 street, the easterly ()') boundary line of Nelson street, and 
 the nortlierly boundary line of Queen street east (a) 
 
 The said Ward of St. David to comprise all that part of 
 the said city lying to the eastward of the westerly (0 
 boundary line of Nelson street and to the north of the 
 northerly bov^ndary line of King street eaat (u) 
 
 The said Ward of St. Lawrence to comprise all that part 
 of the said city lying to the southward of the northerly 
 boundary line of King street east (v) and to the eastward 
 of the westerly boundary line of Yonge street 
 
 The said Ward of St. George to comprise all that part 
 of the said city lying to the southward of the northerly 
 boundary line of iting street and to .the westward of the 
 westerly boundary line of Yonge street, {w) 
 
 The said Ward of St. Andrew to comprise all that part 
 of the said city lying between the northerly boundary 
 line of King street east (x) and the northerly boundary 
 
 17 
 
 iq) 9 Vict. c. 70, a. 19, rend " easterly," but " westerly " doubtless is 
 right : — .^ee boundaries of St. Andrew's Ward itifra, and note {k) to 9 
 V. c. 70, p. 15. 
 
 (r) Doubtless should read "westerly " -.— See description of St. David's 
 Ward infra, and 9 V. c. 70, ss. 19, 20, pp. 15, 16. 
 
 («) The boundary of the city proper was 400 yards north of Queeu 
 street. This ward, by 9 Vict. c. 70, s. 19, apparently extended to Bloor 
 street. This enactment circumscribed the ward to a north boundary by 
 Queen street, which was 400 yards south of the limit of the city proper, 
 so it would appear that the liberties of the ward (see last paragrapn of 
 Schedule C.) extended north from Queen street. 
 
 (() See note (r) supra. 
 
 («) The " city " must have meant the city proper, and St. David's 
 Ward could not have extended beyond 400 yards north of Queen street 
 and as far east only as Parliament street (the allowance for road between 
 park lots two and three) to allow for the liberties in the ward mentioned 
 in the last paragraph of Schedule C. 
 
 (v) The same as in 4 Will. IV. c. 23, s. 7, p. 14, except that the northerly 
 boundary line in that Act is described as " King street and King street 
 east." 
 
 (tr) The same as in 4 Will. IV. c. 23, s. 8, p. 14. 
 
 (x) The same as in 4 Will. IV. c. 23, s. 5, p. 13, except that the aoutheriy 
 boundary line in that Act is described as " King street." 
 
 3 
 
18 
 
 BOUNDARIES OF THE CITY AND WAHDS. 
 
 line of Queen street east (y) and west cf the westerly 
 boundary line of Yonge street. 
 
 The Ward of St. Pntrick to comprise all that part of the 
 said city lying to the north of the northerly boundary 
 line of Queen street west, and west of the westerly boun- 
 dary line of Yonge street. («) 
 
 The liberties to the vatioue wards described in this Act 
 were the same as those mentionedSn 4 Will. IV. c. S3, s. 9, 
 p. H, «*v:'p< that so inuch of the city as lies to the north- 
 ivard of St. James' Ward was to form the liberties of that 
 tvard. 
 
 4- ST. JOHN'S WARD. 
 
 16 Viot. O. 81. 
 
 An Act to authorize the Governor-General to issue 
 a Proclamation to declare the County of Perth 
 to be separated from the United Counties of 
 Huron, Perth and Bruce, and for other pur- 
 poses therein mentioned. 
 
 [10//t November, 18.52.] 
 
 ' • * • « « » 
 
 The Governor 3. And, whereas, the common council of the city of 
 maydjvide Toronto by their petition have for two successive years 
 prayed that St. Patrick's Ward in the city may be divided 
 into two wards ; Be it therefore enacted that it shall and 
 may be lawful for the Governor of this Province, by an 
 . Order in Council, to issue a Proclamation under die great 
 seal of this Province, dividing the said ward into two 
 wards, and declaring by what names such wards shall 
 thenceforth be known and called, and from and after the 
 first day of January next after the tests of such procla- 
 mation, the said wards so to be named and described in such 
 proclamation, shall be considered as separate wards of 
 the said city, in the same manner as if they had been 
 originally mentioned and described as such separate wards 
 in the Upper Canada Municipal Corporations Act of one 
 thousand eight hundred and forty -nine, and elections shall 
 be held in and for the said wards on the urst Monday in 
 
 (y) Omit "east."— See 4 Will IV. c. 2.3, a. 5, p. 13. 
 (s) The Mine as in 4 Will. IV. c. 23, s. 6, p. 13. 
 
 St. F *-«-k'8 
 Waru 1 - the 
 city of To- 
 ronto into 
 two wards, 
 
B0UNOARII8 or THK CITV AND WAROH. 
 
 January next after the teste of sueh proclamation, in the 
 same man.<er as for any other wards in the said city, and 
 the persons whose names shall be entered on the collector's 
 roll tor St. Patrick's Ward for the year one thousand eight 
 hundred and fifty-two, residing wiUiin each of such wards 
 respectiveljr, at the time of holding the elections therefor, 
 ana otherwise qualified by law to vote at municipal elec- 
 tions, shall be allowed to vote at the election to be held in 
 such wards respectively on the said first Monday in 
 January. 16 V. c. 81, s. 3. 
 
 19 
 
 Proclamation. 
 
 [3rd December, 1852.] 
 
 Now know ye that having taken into our Royal con- 
 sideration the resolution so come toby our said Qovemor-in- 
 Council and fully approving the same, we do, by this our 
 Royal proclamation, and in exercise of the powers in us 
 vested in this behalf by the said Act (16 Vict c 31) or other- 
 wise, howsoever, declare, ordain, proclaim and appoint, that 
 from and after the 1st day of January, following the teste 
 of this, our proclamation, the said St. Patrick's Ward, in 
 the city of Toronto, aforesaid, with the liberties of the said 
 city attached thereto, shall be divided into two wards, to 
 be called respectively St. John's Ward and St Patrick's 
 Ward, which said wards shall be known and described 
 as follows, that is to say : St. John's Ward to comprise all 
 that part of the said city lying between the westerly 
 boundary line of Yonge street and the middle of the 
 College avenue, and to the north of the northerly boundary 
 line of Queen street. St. Patrick's Ward to comprise all 
 that part of the said city lying to the west of the middle 
 of the College avenue and the north of the boundary line 
 of Queen street. And we do further declare and proclaim 
 and appoint, that so much of the liberties of the said city 
 as lies northward of St. John's Ward shall be and is hereby 
 attached to the said St. John's Ward, and so much thereof 
 as lies northward and westward of St. Patrick's Ward 
 shall be and is hereby attached to the said St. Patrick's 
 Ward. 
 
mm 
 
 10 
 
 BOUNDARin OP THR CITT AND WARDS. 
 
 6^ OLD NOETHBRN BOUNOABT UHE 
 19-flO Viot. o. 96 
 
 An Act to settle the Northern Boundary Line of 
 the C/ity of Toronto. 
 
 [AMented to lat July, 1850.] 
 
 See RoADH AND Stkebts. 
 
 & 8T. THOMAS' WABD. 
 
 Proclamation. 
 
 [17th September, 1873.] 
 
 Now know ye that having taken the premises into our 
 Royal consideration, we do by this our Royal proclamation 
 and in exercise of the powers in us vested on this behalf 
 as well by the said in part recited Act (a) as by our Royal 
 prerogative or otherwise howsoever divide the Ward of 
 St. David aforesaid into two wards, and we direct that 
 the centre line of Ontario street bo the dividing line, and 
 that all that part of the present Ward of St David lying 
 and being to the east of the said dividing line be called 
 St. David's Ward, and all that part of the present Ward 
 of St. David lying and being to the west of the said divid- 
 ing line be called St. Thomas' Ward. 
 
 7. ST. STEPHEN'S WABD. 
 
 Proclamation. 
 
 [17th July, 1875.] 
 
 \ 
 
 Now know ye that having taken the premises into our 
 Royal consideration, we do by this our Royal proclama- 
 tion and in exercise of the powers in us vested in this 
 
 (a) " An Act reapecting Municipal Institutions in the Province o(' 
 OnUrio." 36 V. c. 48 (Ont.) 
 
BOUNDARIES OF THB CITY AND WARIM. 
 
 l>ehnlf OH well 08 by the said in |>art recited Act (6) or other- 
 wise howsoever Nulxlivido the naid Ward of St Patrick in 
 the Haid city of Toronto as foliuws, that itt to say into two 
 wards, and that the centre of Bathurst street bo the divid- 
 in{^ line, and that all that part of the ward lying and being 
 to the east of the said dividing lino be culled ist. Patrick's 
 Ward, and all that part lying and being to the west of the 
 said dividing line be called St. Stephen s Ward. 
 
 21 
 
 8. ST. PAUL'S WABD (TOBKVILLE). 
 
 ' 46 Viot. 0. 46 (Ont.) 
 
 An Act resi)ecting the City of Toronto an<l the / \ 
 Village of Yorkville, (c) and other matters. 
 
 [^Assented to lat February, IS8S.] 
 
 WHEREAS the corporation of the city of Toronto and Preamble, 
 the village of Yorkville by their petitions have 
 represented that it is desirable to annex the village of 
 Yorkville to the city of Toronto, and provide for future 
 extension of the limits of the city of Toronto, and whereas 
 it is expedient to grant the prayer of the said petitions ; 
 
 Therefore, Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows : 
 
 1. All that part of the township of York, in the county Village of 
 of York, heretofore comprised within the limits of the vil- Yorkville an- 
 lage of Yorkville set forth in the proclamation dated at^*^^^^^^"" 
 Quebec the twenty-third day of April in the year of our new ward, to 
 Lord one thousand eight hundred and fifty-two, as follows, •>« known aa 
 that is to say : — Commencing at the south-west angle of g^" PaSL 
 lot number twenty-two in the second concession from the 
 Bay in the township of York, thence along the westerly 
 limit of the said lot northerly seventy-two chains twenty- 
 three links, thence on a course parallel to the front of the 
 said concession easterly to Yonge street, thence along the 
 westerly limit of Yonge street soutHli'ly to the limit 
 between lots numbers seventeen and eighteen on the 
 
 (b) "An Act respecting Municipal Institutions in the Province of 
 Ontario," 36 V. c. 48 (Ont.) 
 
 (c) Tlie Village of Yorkville was incorporated on lat January, 18o3 by 
 Proclamation dated 23rd April, 1852 and its bonndaries were defined as in 
 this Act. 
 
BOUNDAKIEH OF THK CITY AND WARD8. 
 
 easterly side of Yonuo Htrcot products I, thence, acrowt Yonge 
 street to the oaMterly limit thereof, thence along the limit 
 between lotn tiumberH Noventeen and uighteun aforesaid 
 easterly forty-one chains ten linkH, ^.hence Houtherly on a 
 courHe parallel to Yonge Ntruet acroHN lotH eighteen, nine- 
 teen and twenty on the easterly side of Yonge street to the 
 allowance for road between the Hist and second concession 
 from the Bay, thence along the northerly limit of the 
 allowance for road nforcsaiil westerly to the place of begin- 
 ning, is hereby annexed to and shall bo henceforth included 
 within the limits of the city of Toronto (which limits are 
 hereby extended so as to include the same), and shall con- 
 stitute a new ward of the city of Toronto, to be known as 
 the ward of St. Paul, subject to the same provisions of law 
 as if such addition had been made under the Act respect- 
 ing municipal institutions in the Province of Ontario and 
 amendments thert'o, except in so far as the same are 
 inconsistent with the provisions of this Act. 46 V. c. 46, b. 1. 
 
 9. ST. MATTHEW'S WARD, (d) AND ST. MARK'S WABI> 
 
 (BROCKTON.) 
 
 47 Vict. 0. 59 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Assented to 25th March, 1884.] 
 
 Ill ill 
 
 Warda of St. 2- (1) AH that part of the township of York lying east 
 at M**k *"*^ ^^ *^® tiver Don, described as follows, that is to say : All 
 ■tituted. *'**" that certain piece or parcel of land situate, lying, and being 
 in the county of York, in the Province of Ontario, com- 
 posed of lots Nos. 10, 11, 12, 13, 14, and all that portion 
 of 15, lying to the east of the river Don, in the first con- 
 cession from the bay, and which is butted and bounded, 
 and may be more particularly described as follows, that is 
 to say : — Commencing at the intersection of the south limit 
 of the Kingston road, with the easterly side of the river 
 Don; thence following the windings v»f the river Don to 
 its intersection wi^ the northerly limit of the allowance 
 for road between tne first and second concessions from the 
 t ' Bay ; thence easterly along the said northerly limit of the 
 
 said allowance for roadway between the first and second 
 concessions from the bay (commonly known as the Don 
 
 and Danforth road), to its intersection with the easterly 
 
 If'''' — ^^___^_^^^_^_^-— ^ . 
 
 Id) See also 47 Vict. c. 59 (Ont.) p. 45. 
 
BOUNOARin or THK CITT AND WAHM. 
 
 ino, com- 
 
 Hmit of ihe allowMiee for ro«d between loU nine and ken ; 
 thence southerly Along the aaid easterly limit of roM 
 between lots nine and ten, produced to its intersection 
 with the south side of the Kingston road ; thenoe westerly 
 along the south limit of the Kingston road to the place of 
 beginning, is hereby annexed to, and shall henceforth be 
 included within the limits of the city of Toronto, and 
 shall form a new ward therein, to be known as the Ward 
 of St. Matthew, subject to the same provisions of law as if 
 such addition had been made unaer The Coruolidated 
 Mimicipal Act, 1883, except in so far as the same are 
 inconsistent with the provisions of this Act. 
 
 ^2) All that part of the said township of York, de- 
 scribed as follows, that is to say : — That portion of the 
 township of York, in the county of York, lying to the 
 west of the city of Toronto, comprising the village of 
 Brockton (e), and all the land situated to the west of the 
 said village of Brockton including High Park, l)Ounded on 
 the north by the allowance for road between the first and 
 second concessionH from the bay, otherwise known as Bloor 
 street ; and on the west by the westerly limit of lot No. 37, 
 in the first concession from the bay, and which may be 
 more fully described as follows, that is to say : — Com- 
 mencing at the intersection of the north limit of the 
 road allowance between the first and second concessions 
 from the bay, now known as Bloor street, with the westerly 
 limit of the city of Toronto (west side of Dutferin street), 
 thence westerly along the north limit of the road allow- 
 ance between the first and second concessions from the 
 bay (Bloor street), to its intei'section with the westerly 
 limit of lot No. 37, in the first concession from the bay ; 
 thence southerly along said westerly limit of said lob No. 
 87, from the north limit of the road allowance between the 
 first and second concessions from the bay to its intersection 
 with the north limit of the road belonging to the county 
 of York, lying between the lands belonging to the Oreat 
 Western Railway Company and the north shore line of 
 
 (e) Brotikton was made an incorporated village by 44 Y. c. 34 Sched. 
 (1881), and itM boundaries defined as follows : — Commencins at the intersec- 
 tion of the south-westerly 1)oundary of the right of way of the Grand Trunk 
 Railway with the western limit of Dufferin street, thence northerly alons 
 the said westerly limit of Dufferin street six thousand five hundred and 
 eighteen feet, more or less, to the centre line of Bloor street ; thence wer^.- 
 orly along the said centre line of Bloor street five thousand nine hundred 
 and thirtv-one feet, more or less, to the centre line of the Indian road, pro> 
 duced ; thence southerly along the said centre line of the Indian road 
 four thousand and thirty-three feet, more or less, to the intersection of 
 the northerly limit of the village of Parkdale proiduced westerly to the 
 said centre Une of the Indian rood ; thence easterly along the said pro- 
 duced limit of the village of Parkdale, and along the said limit thereof to 
 the south-westerly limit of the right of way of the Grand Trunk Railway, 
 in all, a distance of three thousand six hundred and ninety-three feet, 
 more or less ; thence south-easterly along the said south-easterly limit of 
 said right of way of the Grand Trunk Railway three thousand four 
 hundred and seventy feet, more or less, to the place of beginning. 
 
24 
 
 : 
 
 II) Ills 
 
 i: ■ ' 
 
 BOUNDARIES OF THE CITT aND WARDS. 
 
 Lake Ontario, and known as the Lake Shore road ; thence 
 easterly along the division line between lots numbers 
 thirty-five and thirty-six, in the first concession from the 
 bay ; thence northerly along said division line to a point 
 at which the northerly boundary of Parkdale, if projected 
 westward, would intersect said division line; thence 
 easterly, and along said projected line, to the north- 
 westerly angle of Parkdale; thence easterly along said 
 northerly limit to its intersection with the easterly Imiit of 
 the village of Parkdale ; thence following the said easterly 
 limit in a south-easterly direction to its intersection 
 with the west side of Dufferin street ; thence northerly 
 along said westerly limit of Dufierin street, produced, to 
 the place of beginning — is hereby annexed to and shall 
 henceforth be included within the limits of the city of 
 Toronto, and shall constitute a new ward of the said city 
 of Toronto, to be known as the Ward of St. Mark, subject 
 to the same provisions of law as if such addition had been 
 madfL^nder The Consolidated Municipal Act, 1883, except 
 in so far as the same are inconsistent with the provisions 
 of this Act. 47 V. c. 69, s. 2. 
 
 10. NEW DIVISION OF ST. STEPHEN'S AND ST. MARK'S 
 
 WABD. 
 
 \\ - Proclamation. V":; ' 
 
 >. [22wd June, 1886.] 
 
 :- •#■■ ''-¥' - ^:.;* '*■ * * '""' 
 
 Now know ye that we do by this our Royal proclama- 
 tion and in the exercise of the powers in us vested in this 
 behalf as well as by the said in part recited Act (/) 
 or otherwise howsoever redivide the said wards of St. 
 Stephen and St. Mark, and we do hereby direct that the 
 boundaries of the said wards shall be as follows : — 
 
 St. Stephen's Ward to comprise all that portion of the said 
 city bounded as follows : — On the east by the centre line of 
 Bathurpt street ; on the north by the north limit of Bloor 
 street; on the west by the centre line of Dovercourt 
 road ; and on the south by the centre line of Queen street. 
 
 St. Mark's Ward to comprise all that portion of the said 
 city bounded as follows : — Commencing at the intersection 
 of the centre line of Queen street with the centre line of 
 Dovercourt road produced southerly ; thence northerly along 
 the said produced centre line and along the centre line of 
 
 (f) The goaaolid^ted Municijml Act 1883 (46 V. c. 18 (Out.)) 
 
BOUNDARIES OF THE CITY AND WARDS, 
 
 Dovercouit road and the production thereof northerly to 
 the north limit of Bloor street ; thence westerly along the 
 north limit of Bloor street to its intersection with the 
 west limit of lot No. 37 in the Ist concession from the 
 Bay produced northerly ; thence southerly along said pro- 
 duced line and along said westerly limit of lot No. 37 to 
 its intersection with the north limit of the road belonging to 
 the county of York, known as the Lake Shore road ; thenoe 
 ea.sterly along the north limit of the said Lake Shore 
 road to the division line between lots Nos. 35 and 36 in 
 the 1st concession from the Bay ; thence northerly along 
 said division line to a point at which the northerly 
 boundary of the town of Parkdale, if projected westward, 
 would intersect said division line; thence easterly and 
 along said projected line to the north-westerly angle of 
 the said town of Parkdale ; thence easterly along said 
 northerly limit to its intersection with the easterly limit 
 of the said town of Parkdale ; thence following the said 
 easterly limit in a south-easterly direction to its inter- 
 section with the west side of Dufierin street, in the said 
 city of Toronto; thence southerly along the westerly 
 limit of Dufferin street to the centre line of Queen street- ; 
 thence easterly along the centre line of Queen street to 
 the place of beginning. 
 
 And we direct that the said re-division shall take efTect 
 on and from t!ie tirst Monday of January, now next [1886]. 
 
 lis 
 
 ST. MARK'S 
 
 11. ADDITIONS TO THE WARDS OF ST. LAWRENCE, ST. 
 PAUL, ST. STEPHEN AND ST. MARK. 
 
 Pkoclamation. 
 
 [22nd September, 1886.] 
 ♦ * ♦ ♦ ♦ ♦ 
 
 Now know ye, that we having taken the premises int«» 
 our Royal consideration, we do by this our Koyal Procla- 
 mation, and in exercise of the powers in us vested in this 
 behalf as well as by the said in part recited Act (g) or 
 otherwise howsgever, add to the said city of Toronto, all 
 anu singular the lands following, that is to say : — 
 
 1. That portion of the said township of York com- 
 prised within the following limits namely, commencing iit 
 the south side of Queen street in the said city of Toronto, 
 where the same is intersected by the east limit of Green- 
 wood's side line (the present east limit of the Ward of 
 
 ig) The Cousolidkted Municipal Act, 18S3. (40 V. c. 18 (Ont.) ) 
 
26 
 
 y 
 
 ! i! 
 liii 
 
 'I IH ! 
 
 V 
 
 i^^ 
 
 
 •J 
 
 
 I 
 
 BOUNDARIES OF THE CITY AND WARD& 
 
 St. Matthew, in the said city), produced southerly ; thence 
 northerly along the said produced limit across Queen 
 street and along the east limit of Greenw(Jod's side line 
 a distance of 200 feet north of the north limit of Queen 
 street ; thence easterly parallel to Queen street to a point 
 opposite the easterly limit of the Ward of St. Lawrence,, 
 produced northerly to intersect the same ; thence southerly 
 to the north-east corner of the said Ward of St. Lawrence> 
 as the .same exists at present ; thence westerly along the 
 southerly limit of Queen street to the place of beginning,, 
 aud we do attach the said portion of the township of 
 York to the said Ward of St. Lawrence. 
 
 2. Firstly, That portion of the said township of York,, 
 namely : — Commencing at a point in the northerly limit of 
 Bloor street, where it is intersected by the J)resent easterly 
 limit of the said city of Toronto (nearly opposite the centre 
 of Sherbourne street) ; thence northerly along east limit 
 of the said city to a point on the top of hill on lot 
 number 52 on registered plan No. 104, distant 250 feet 
 measured northerly along said limit from the northerly 
 limit of North Drive ; thence due e&st 815 feet to a point 
 in the e&st limit of May street 460 feet northerly from the 
 northerly limit of Hill street ; thence south 60 degrees, 
 east 433 feet to the south-west corner of " North Iron 
 Bridge " on Glen road ; thence south 75 decrees east 1205 
 feet to the intersection of the line between lots numbers- 
 76 and 75 on registered plan number 626 at a point 200 
 feet easterly from Nanton Crescent, measured along said 
 line ; thence south 48 degrees east 405 feet more or less to 
 the intersection of the production of the west limit of 
 Castle Frank road ; thence south 15 degrees and 30 
 minutes east along last mentioned production 95 feet more 
 or less to the northerly limit of Castle Frank road ; thence 
 south 48 degrees and 15 minutes east along said northerly 
 limit of Castle Frank road 79 feet and 2 inches to an 
 angle in said road ; thence south 15 degrees and 30 
 minutes east along the easterly limit of said road 303 feet 
 and 6 inches to an angle ; thence south 7 degrees and 30 
 minutes east still along the easterly limit of road 291 feet 
 and 7 inches to an angle ; thence south 12 degrees east still 
 along the said limit of road 102 feet and 3 inches still to 
 an angle ; thence south 21 degrees and 22 minutes east still 
 along said limit of road 86 feet and 6 inches more or less to 
 the present north limit of the said city of Toronto (centre 
 of Bloor street) ; thence westerly along . last mentioned 
 limit to the easterly limit of Sherbourne street; thence 
 northerly along last mentioned limit 33 feet to the 
 northerly limit of Bloor street ; thence westerly along last 
 mentioned limit to the point of commencement. Secondly, 
 That portion of the said township of York comprised 
 within the following limits, namely : — Commencing at 
 south-west angle of the Ward of St, Paul in the said city 
 of Toronto ; thence westerly along the northerly limit of 
 
BOUNDARIES OF THE CITY AND WARDS. 
 
 Bloor street to the township line between township lots 
 numbers 24 and 25 in the 2nd concession from the Brtv ; 
 thence north following the aforesaid township line, to the 
 southerly limit of the land belonging to the Ontario and 
 Quebec Railway Company ; thence easterly^ along said 
 southerly limit of the property of the aforesaid railway 
 coinpany to the westerly limit of the Ward of St. Paul ; 
 thence southerly following the westerly limit of the Ward 
 of St. Paul to the place of beginning. And we do attach 
 the said portions of the said township of York to the said 
 Ward of St. Paul. 
 
 And we direct that the said additions of territory to 
 the said city of Toronto and to the said wards thereof, 
 shall tako effect on and from the first Monday of January 
 now next [1887]. 
 
 S7 
 
 Proclamation. 
 
 [2ith September, 1887.] 
 
 » * # ♦ * * 
 
 Now know ye, that having taken the premises into our 
 Royal consideration, we do by this our Royal proclama- 
 tion, and in the exercise of the power in us vested in this 
 behalf as well as by the said in part recited Act (h) or 
 otherwise, howsoever, add to the said city of Toronto, 
 all and singular the lands following, that is to say : 
 
 (1) That certain parcel or tract of land and premises 
 being composed of parts of lots numbers 17 and 21 in the 
 2nd concession from the bay, in the said township of 
 York, and which may be more particularly known and 
 described as follows : — Commencing on the west limit of 
 Yonge street at the intersection of the production westerly 
 of the limit between lots numbers 17 and 18 on the east 
 side of Yonge street ; thence easterly across Yonge street 
 along said production to the cast limit of Yonge street ; 
 thence still easterly along said limit between said lots 
 numbers 17 and 18, fifteen hundred feet ; thence north 16 
 degrees west parallel with Yonge street aforesaid 580 feet 
 more or less to the intersection of the centre line of 
 that part of Thompson avenue which forms the north- 
 easterly boundary of lot number 25, according to registered 
 plan No. 277, township of York ; thence north-westerly 
 along said centre line 400 feet to an angle in the same ; 
 thence south 74 degrees w>3st still along the cen- re line of 
 Thompson avenue aforesaid 1020 to the intersection of the 
 
 (A) The CoDBolidated Municipal Act, 1883. (46 V. c. 18 (Out.) ) 
 
 
5l 
 
 Wmrn 
 
 28 
 
 
 
 if 
 
 BOUNDARIES OF THE CITT AND WARDS. 
 
 production southerly of the westerly limit of lot number 18 
 on the north limit of Thompson avenue, aforesaid, accord- 
 ing to said plan number 277 ; thence northerly along said 
 production and limit of lot 415 feet more or less to the 
 division line between township lots numbers 16 aid 17; 
 thence south 74 degrees west along said limit 152, to the 
 east limit of Yonge street aforesaid; thence westerly 
 across Yonge street to the intersection of the northerly 
 limit of registered plan number 669 ; thence westerly 
 along said north limit 1832 feet to the division line be- 
 tween township lots numbers 21 and 22 ; thence southerly 
 along said division line to the intersection of the present 
 north limit of the said city of Toronto (formerly the north 
 limit of the village of Yorkville) ; thence easterly along 
 said limit to the west limit of Yonge street aforesaid; 
 thence southerly along the west limit of Yonge street to 
 the place of beginning ; and we do attach the said 
 portion of the said township to the Ward of St. Paul, 
 in the said city of Toronto. 
 
 (2) That certain pprcel or tract of land composed of paH 
 of township lot number 23 in the 2nd concession from the 
 bay in the said township of York, and which may be more 
 particularly known ana described as follows, that is to 
 say : — Commencing at a point in the division line between 
 township lots numbers 22 and 23 at the intersection of 
 the southerly limit of the right of way of the Ontario and 
 Quebec Railway Company; thence northerly along the 
 said division line to the intersection of the centre line of 
 Rathnelly Crescent ; thence south-westerly along said 
 centre line to the intersection of the east limit of the 
 Poplar Plains road ; thence southerly' and south-westerly 
 along said east limit to the intersection of the southerly 
 limit of the right of way of the said The Ontario and 
 Quebec Railway Company; thence easterly along said 
 limit to the place of beginning; and we do attach the 
 said portion of the said township to the said Ward of 
 St. Paul. 
 
 (3) That certain parcel or tract of land composed of part 
 of township lot number 25, in the 2nd concession frbm the 
 bay, in the said township of York, and which may be more 
 particularly known and described as follows, that is to 
 say : — Commencing on the north limit of Bloor street, at 
 the south-east angle of lot number 25, aforesaid ; thence 
 westerly along the said north limit of Bloor street to the 
 intersection ot the centre line of Bathurst street, in the 
 said city of Toronto ; thence northerly along said centre 
 line of Bathurst street to the intersection of the southerly 
 limit of the right of way of the said The Ontario and 
 Quebec Railway Company ; thence easterly along said 
 southerly limit to the division line between township lots 
 numbers 24 and 25 ; thence southerly along said division 
 
BO!TNnARIiS OF THE CITY AND WARDS. 
 
 29 
 
 I M Tiro t>^ 
 OF ^^^'^1 
 
 line to tbe place of be^'nning ; and we do attach the said 
 portion of tne said township to the said Ward of St. Paul. 
 
 (4) All and singular that certain parcel or tract of land P 0*^^^ ^^ 
 composed of parts of township lots numbers 26, 27, 28 and r^QCfX 
 
 29, in the 2nd concession from the Bay, in the said town- " 
 ship of York, which may be more particularly known and 
 described as follows, that is to say : — Commencing on the 
 north limit of Bloor street, aforesaid, at the intersection of 
 the centre line of Bathurst street, aforesaid ; thence 
 westerly along said north limit to the intersection of the 
 centre line of Dovercourt road ; thence northerly along 
 said centre line to the intersection of the south limit of the 
 right of way of the said The Ontario and Quebec Railway 
 Company ; thence easterly along the snid southerly limit 
 to the intersection of the centre line of Bathurst street ; 
 thence southerly along the said centre line to the place of 
 beginning ; and we do attach the said portion of the said 
 township to the V^nvd of St. Stephen, m the said city of 
 Toronto. 
 
 (5) All and singular that certain parcel or tract of land, 
 composed of parts of township lots numbers 29, 30, 
 31, 32, 33 and 34, in the 2nd concession from the Bay, in 
 the said town£<hip of York, which may be more particularly 
 known and described as follows, that is to say : — Com- 
 mencing on the north limit of Bloor street at the intersec- 
 tion of the centre line of Dovercourt road aforesaid ; 
 thence northerly along suit) centre line to the intersection 
 of the south limit of the right of way of the said The 
 Ontario and Quebec Railway Company ; thence westerly * 
 along said limit to the intersection of the westerly limit of 
 
 the right of way of the Grand Trunk Railway Company, 
 being part of the easterly limit of the village of West 
 Toronto Junction ; thence southerly along said limit to 
 the intersection of the production easterly of Humberside 
 avenue, being part of the southerly boundary of the said 
 village of West Toronto Junction ; thence westerly along 
 said limit to the intersection of the division line between 
 township lots numbers 34 and 35 ; thence southerly along 
 said division line to the north limit of Bloor street afore- 
 said ; thence easterly along said limit to the place of begin- 
 ning, and we do attach the said portion of the said town- 
 ship to the Ward of St. Mark in the said city of Toronto. ' ^ 
 
 (6) All and singular, that certain parcel or tract of land Ci/mftUSi^c 
 
 and premises in the said township of York, which may be ' 
 
 more particularly known and described &s follows, that is '' 
 
 to sjiy : — Commencing on the north limit of Queen street 
 west, at the intersection of the west limit of the town of 
 Parkdale, thence westerly along the noi-th limit of Queen 
 street west aforesaid, and of the Lake Shore road to the 
 easterly limit of lot number 36, in the said township of 
 York, in the first and broken front concession; thence 
 
so 
 
 BOUNDARIES OF THE CITT AND WARDS. 
 
 northerly along said east limit to the south limit of St. 
 Mark's Ward, in the said city of Toronto ; thence easterly 
 along said limit to the north-westerly angle of the said 
 town of Parkdale ; thence southerly along the west limit 
 of the said town to the place of beginning ; and we do 
 attach the said portion of the said township to the said 
 Ward of St. Mark. 
 
 And we direct that the said additions of territory to the 
 said city of Toronto, and to the said Wards thereof shall 
 take effect on and from the first Monday of January, now 
 next [1888]. 
 
 12. ST. ALBAN'S WARD (PABKOALE). 
 
 Proclamation. 
 
 [2dth September, 1885.] 
 
 And whereas our said Lieutenant-Governor in Council 
 has deemed it expedient to erect the said village [of Park- 
 dale] (i) into a town, and to add thereto so much of the 
 adjoining territory in the township of York as is necessaiy 
 to bring the Parkdale Waterworks, within the new town. 
 
 Now know ye, that we do by this our Royal proclama- 
 tion, and in exercise of the powers in us vested in this be- 
 half as well as by the said in part recited Act, (j) or other- 
 
 (0 Parkdale was Erected into a village by by-law of the county of York, 
 passed 28th June, 1878, and was described as follows : — Commencing at a 
 point on the western limit of the street, forming the western limit of the 
 city of Toronto, and at the northerly shore line of lake Ontario at a point 
 marked A on a plan annexed to said petition ; thence in a northerly 
 direction along tne said limit, sixty-eight chains, more or less, to the 
 south w >st fence of the Grand Trunk Railway, marked B on the said 
 pltm ; the.ice along the said fence in a north-west direction, forty-eight 
 chains, more or less, to a point on plan marked C ; thence in a westerly 
 direction, forty-three chams, more or less, to the western limits of a 
 street known by the name of Roncesvalles avenue, at the point marked 
 D on said plan ; thence in a southerly direction following the western 
 limits of the said Roncesvalles avenue, forty chains twenty nnks, more or 
 less, to the southern limit of the Liake Shore road, to a point marked B 
 on said plan ; thence in a westerly direction following tne south side of 
 the said Lake Shore road, seven chains thirty links, more or less, to the 
 line between lots 34 and 35, of said township at a point marked F on 
 said plan. Thence in a southerly direction along said line betwsen said 
 lots 34 and 35, two chains eighty links, more or less, to the waters edge 
 of Lake Ontario, to a point marked G. on said plan. Thence following 
 said Walter's edge, one hundred and six chains, more or less, to the place 
 of Ixtginning, containing four hundred and eighty-three acresi be the 
 same more or less. 
 
 ij) The Consolidated Municipal Act, 1883. (46 V. c. 18 (Ont.) ) 
 
■BR 
 
 BOUNDARIES OF THE CITY AND WARDS. 
 
 wise, howsoever, proclaim and appoint, that the said village 
 of Parkdale be, and the same is from and after the first 
 Monday in the month of January, now next erected into 
 a town by the name of the town of Parkdale, and that the 
 limits and boundaries of the said town shall be as follows, 
 that is to say : — Commencing at a point in the westerly 
 limit of Dufterin street, where the same is intersected by 
 the northei \- shore line of Lake Ontario; thence in an 
 north- westei .y direction along the said north shore line of 
 Lake Ontario to the easterly limit of the Parkdale Water- 
 works lot ; thence southerly along the said easterly limit 
 of the Watei'-works lot to its south boundary ; thence 
 westerly along the said south boundary of the Water- 
 works lot to its western boundary ; thence northerly 
 along the said western boundary of the Water-works lot 
 to the southern limit of the Lake Shore road (or Queen 
 street) ; thence easterly following the south limit of Queen . 
 street aforesaid to its intersection with the westerly limit 
 of Roncesvalles avenue, produced ; thence northerly, 
 following the west limit of Roncesvalles avenue, aforesaid, 
 to the south limit of St. Mark's Ward, in the city of 
 Toronto; thence easterly along the said southerly limit 
 of St. Marks Ward, aforesaid, to the south-westerly limit 
 of the Grand Trunk Railway ; thence south-easterly along 
 the last mentioned limit to the westerly limit of Dufferin 
 street, aforesaid ; thence southerly along the said westerly 
 limit of Dufferin street, to the place of beginning, being 
 composed of parts of township lots numbers 31, 32, 33, 34 
 and 35, in the first concession from the bay, and that part 
 of the broken front to the south of the said lots, coiitain- 
 ing by admeasurement 542 acres, be the same more or less. 
 
 And we further proclaim and appoint, that the said town 
 of Parkdale be, and the same is from and after the said 
 first Monday in the month of January, now next, hereby 
 divided into four Wards, to be called .'espectively, St. 
 Vincent's Ward, St. Martin's Ward, St. Mark's Ward and 
 St. Alban's Ward, to be constituted as follows, that is to 
 say : — 
 
 St. Vincent's Ward to comprise all that part of the 
 said town lying and being north of the centre line of 
 Queen street, and east of a line drawn from the centre line 
 of Queen street, aforesaid, through the centre of West 
 Lodge avenue south, and produced in a direct line 
 northerly to the northerly limit of the said town. 
 
 St. Martin's Ward to comprise all that part of the said 
 town lying and being north of the centre line of Queen 
 street, aforesaid, and west of the western boundary of St. 
 Vincent's W^ard. 
 
 St. Mark's Ward to comprise all that part of the said 
 town lying and being within the following boundaries, that 
 is to say : the centre line of Queen street, aforesaid, on the 
 
 31 
 
32 
 
 BOUNDARIliS OF THE CITY AND WARDS. 
 
 north, the centre line of Cowan avenue, on the west, the 
 centre line of Kin^ street, on the south, and the eastern 
 boundary of the said town on the east. 
 
 St. Alban's Ward to comprise all that part of the said 
 town lying and being south of the south line of Qi >en 
 street, aforesaid, between the western boundary line of the 
 said town and the west side of Roncesvalles avenue, pro- 
 duced ; thence all lying south of the centre line of Queen 
 street, aforesaid, from Roncesvalles avenue, aforesaid, to 
 the centre line of Cowan avenue ; thence south to the 
 centre line of King street ; then east to the easterly 
 boundary of the said town ; thence south to Lake 
 Ontario. 
 
 Proclamation. 
 
 29th September, 1888. 
 
 Whereas it has been made to appear to the Lieutenant- 
 Governor of our Province of Ontario in Council, that two- 
 thirds of the members of the municipal council of the 
 town of Parkdale, in the county of York, did, in Council, 
 Ijefore the 15th day of July, 1888, and in pursuance of the 
 Municipal Act, pass a resolution atiirming the desirability 
 of adding to the limits of the said town, that certain 
 portion of the adjoining township of York, comprising the 
 water lots in front of the said toM'n. And whereas the 
 8aid municipal council has prayed, that a proclamation be 
 issued to give effect to the said resolution. And whereas 
 our Lieutenant-Governor in Council considers it desirable 
 to grant, the prayer of the said application. Now know 
 ye, that having taken the premises into our Royal con- 
 Hideration, we by and with the advice of our Executive 
 Council of our said Province of Ontario, and in exercise of 
 the power in us vested in this behalf by the said in part 
 recited Act (k) or otherwise, howsoever, do by this our Royal 
 proclamation, hereby add to the limits of the said town of 
 Parkdale all and singular that certain parcel or tract of 
 land in the said township of York, covered by water and 
 lying in front of the said town of Parkdale and extending 
 from the west limit of Dufferin street, in the city of 
 Toronto, produced to the west limit of the water 1p' 
 granted to the said corporation of the town of Parkdale, "by 
 one J. G. Howard, Ksquire (by deed, beaiing date the 30th 
 day of June, A.I). 1883, and registered in the registry 
 office for the county of York, on the 18th dav 'of July, 
 1883) and lying between the present south boundary ot* 
 
 (k) The Municipal Act, R. S. 0. 18S7, c 184. 
 
 !^' 
 
BOUNDARIES OF TBI CITY AMD WARDS. 
 
 the said town of Parkdale and the south limit of the water 
 lots heretofore granted by us in front of the said town and 
 we do attach the said portion of the said township of York 
 to the Ward of St. Albans, in the said town of Parkdale. 
 
 And we direct that the said addition of territory to the 
 said town of Parkdale and to the said ward thereof shall 
 take effect on and from the first Monday in the month of 
 January, now next [1880]. 
 
 38 
 
 52 Viot o. 78 (Out.) 
 An Act respecting the City of Toronto. ^ 
 
 [Assented to 23it{ Maixh, 1889.] 
 
 12. — (1) From and after the passing of this Act, *^e^'[",°f 
 town of Parkdale shall bft annexed to the city of Toronto ^, si, 
 upon the terms set out in by-law No. 527 of the said Albui'aW«rd. 
 town of Parkdale, save as herein otherwise provided, and 
 shall, from and after the said date, cease to be a separate 
 municipality and become a ward of the city of Toronto 
 under the name of St. Alban's Ward, and shall be entitled 
 to be represented in the council of tho ijity of Toronto 
 by three aldermen, and on the public school board of said 
 city by two school trustees. 52 V. c. 78, s. 12 (1). 
 
 IS. NEW DIVIBXON OF OITT INTC WABDfr 
 54 Viot. c. 82 (Ont) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 4th May, 1891.] 
 
 9. Upon and from the date of the next municipal elec- Division of 
 tions, and for the pui-pjoses thereof, the present division ^^]^^*** 
 of the city of Toronto into wards shall be abolished, and 
 the Municipal Council of the said city shall thereafter con- 
 5 
 
mmmm 
 
 M 
 
 BOnNDARIBS OF THE CITY AND WARDS. 
 
 siHi of the mavor, to be chosen nnnually att at present, and 
 twenty -four aldermen, four of whom Hhall be elected in the 
 manner at present provided by Inw by the municipal elec- 
 tors entitled to vote in each of the six wards into which 
 the city shall be in the meantime divided under the 
 provisions of The Municipal Act, (I) and which shall run 
 n-om the water front to the northern city limit, nnd the said 
 aldermen shall hold office for a term of one year. 54 V. 
 c. 82, s. 9. 
 
 New division 
 <A wardi in 
 oitiea and 
 towns. . 
 
 Extension of 
 city or town. 
 
 Re -division of 
 wards in 
 oities and 
 towns. 
 
 55 Viot. 0. 42 (Ont.) 
 
 An Act to consolidate the Acts respecting Muni- 
 cipal Institutions. 
 
 [Aaaented to Uth April, 1892.] 
 
 tt » « * * • 
 
 22. — (1) In case two-thirds of the members of the 
 council of a city or town do, in council, before the 15th 
 day of July in any year, pass a resolution affirming the 
 expediency of a new division into wards being made of the 
 city or town, ur of a part of the same, either within the 
 existing limits or with the addition of any part of the 
 localities adjacent, which from the proximity of streets or 
 buildings therein, or the probable future exigencies of the 
 city or town, it may seem desirable to add thereto respec- 
 tively, or the de.sirability of any addition being made to 
 the limits of the city or town, the Lieutenant-Governor 
 may, by proclamation, divide the city or town or such part 
 thereof into wards, as may seem expedient, and may add 
 to the city or town any part of the adjacent township or 
 townships which the Lieutenant-Governor in Council, on 
 the grounds aforesaid, considers it desirable to attach 
 thereto, on such terms and conditions, as to taxation ot 
 otherwise, as the Lieutenant-Governor in Council sees fit 
 and the council of the city or town may consent to. 
 
 (2) In any case where the resident freeholders of any 
 city with a population of 100,000 or over, to the number 
 of at least five hundred, petition the council, alleging the 
 «xpediency of, and praying that a new division into wards 
 may be made of the city without reducing the number of 
 wards, or«that a new division may be made reducing the 
 
 (I) R. 8. O. (1887) c. 184, s. 22, na amended by 53 V. o. 60, s. 1 (Ont) 
 8te 65 v. c. 42, s. 22 (Ont.) iit/m. 
 
BOUNDARIICS OF THE CITY AND WARDR. SS 
 
 number of wards to nine or less, it Rhnll be the <luty of the 
 council, and the council shiill, at the time of the holding of 
 the next niunicip<\l elections, submit the question of a new 
 division, as prayed for by the |>etition, to the vote of the 
 persons entitled to vote at the municipal elections ; and, in 
 the event of a majority of the electors voting theruon vot- 
 ing in favour of the petition, it shall be the duty of the 
 council to, and the council shall, within h reasonable time 
 after the taking of the vote, sub-divide the city into wards, 
 MO as to give effect to the prayer of the petition and vote 
 of the electors ; and such new division shall, so far as pos- 
 sible, be based upon the assessed values of property, popu- 
 lation and territKorial extent, and shall be given effect to 
 in accordance with the provisions of this section. 
 
 (3) In case any council neglects or refuses to make a CommiMion 
 new sub-division of any city into wards under the provi- °°^^* "^' ** 
 sions of the last preceding sub-section for three months 
 
 after the same shall have been voted upon and approved 
 of by the electors, and in case one-third of the members of 
 the council, or one hundred duly qualified electors of the 
 municipalit3' petition for a commission to issue under the '' 
 
 Oreat Seal to enquire into the existing division of such 
 municipality into wards, and for a new division in accord- 
 ance with the expressed wish of the electors, as evidenced 
 by their vote, to be taken in manner aforesaid, the Lieu- 
 tenant-Governor in Council may issue a commission 
 accordingly, to three commissioners, one to be named by ^ 
 
 the Lieutenant-Governor in Council, one b}' the Chancellor 
 of Ontario, and one by the city council, and the com- 
 missioners, or a majority of them, shall have the same 
 power to summon witnesses, enforce their attendance, and 
 compel them to produce documents and to give evidence 
 as any court has in civil cases. Should the city council 
 within two weeks after notice fail to name a commissioner, 
 the Lieutenant-Governor shall name two commissioners. 
 
 (4) The*commissioners so to be appointed as aforesaid, Commission- 
 or a majority of them shall, within a reasonable time, *" ^ P™P^" 
 report a new division into wards of the municipality indiviaion. 
 accordance with the prayer of the petition, having regard 
 
 to the provisions of this Act as to equality of representa- " 
 
 tion, to the Provincial Secretary, who shall forthwith 
 
 transmit a copy thereof to the council, and cause the same 
 
 to be published for one month in the Ontario Gazette, and ' 
 
 once in e»ch week for four weeks in one or more news- . - , 
 
 papers published in the municipality, naming a day when 
 
 the same will be taken into consideration by the Lieuten- ,;;. 
 
 ant-Governor in Council, when all parties interested, 
 
 opposed thereto, and who petition to be heard, shall have 
 
 an opportunity of being heard, and being represented by 
 
 counsel in that behalf. 
 
 (5) The Lieutenant-Governor in Council may, within ueutenant- 
 three months after the receipt of the report of the com- Oovemor 
 
BOUNOAHIKH OF THE CITY AND WARDM. 
 
 "•y ■>••{• mifwionerM by procUmation, flividu the city into wards, 
 
 prMlimiufon. •"^ ^^® Lioutenont-Governor in Council Hhall have the 
 
 ' like powerH bh are by thin Act conferred upon hiiii when 
 
 application ih made to divide a city into wards under this- 
 
 Act 
 
 (0) The expenses to be allowed for executing the com- 
 mission shnll oepaid by the municipality pursuant to the 
 provisions of section 884 of this Act. 
 
 (7) In case of a new division being made iis aforesaid, 
 JjJ^J'JJ^'gy'J^ another division shall not be made for five years thereafter. 
 yMn. 53 y. c. 50, s. 1. 
 
 ExpaniMof 
 oominiasioii. 
 
 Farthw divi 
 ■ion not to b«t 
 
 ORDER IN COUNCIL, (m) 
 
 [IBth September, 1891.] 
 
 The undersigned begs respectfully to recommenc' '^at an 
 order in council be passed directing the issue of ocla- 
 mation dividing the city of Toronto into six wards lo be 
 called and known as Ward No. 1, Ward No. 2, Ward No. 
 3, Ward No. 4, Ward No. 5, and Ward No. 6 the .said ward»^ 
 to be bounded as follows that is to say : 
 
 Ward No. 1 — To comprise all that portion of the said 
 city of Toronto lying to the eafstward of the following de- 
 scribed line, that is to say : Being the centre line of Cherry 
 street, produced southerly to the watei-s of the Bay ; thence 
 northerly along said production and along the centre line 
 of Cherry street aforesaid to the centre line of Eastern 
 avenue; thence south-easterly along the centre line of 
 Eastern avenue aforesaid to the centre line of Sumach 
 street; thence northerly along the centre line of Sumach 
 street aforesaid to the centre lino of Wellesley street;, 
 thence easterly along the centre line of Wellesley street 
 aforesaid to the centre line of Parkview avenue; thence 
 northerly along the centre line of Parkview avenue and \ 
 production thereof to the north city limit, and including 
 all the marsh lands and islands south of the above des- 
 ciibed point. 
 
 Ward No. 2 — To comprise all that portion of the said 
 city of Toronto lying to the westward of the w^est limit 
 of Ward No. 1 aforesaid, and to the eastward of the follow- 
 ing tlescribed line, that is to say : Being the centre line of 
 Jarvis street, produced southerly to the Bay ; thence 
 
 (m) Adopted by the City Council, 26tii May, 1891. 
 
ROUNDARIRH OF THE CITY AND WARDS. 
 
 northerly alon^ said pro*luction and aionf( the centre line 
 of Jarvis Htroet aforeHald to thu centre line of Bloor Htreot; 
 thence wontcrly along thu centru line of Bloor Htreet afore- 
 said to the centre line of Yonge Ntrcet ; thence northerly 
 along the centre line of Yonge street aforesaid to the north 
 city limit. 
 
 Ward No. 8 — To comprise all that portion of the said 
 city f'f Toronto ly'ng to the westward ot the west limit of 
 Ward No. 2 aforesaid, and to the eaNtwurd of the following 
 described lifie, that is to say : Being the centre line ot 
 Simcoe street, produced southerly to the waters of th(i Bay ; 
 thence northerly along said production and along the centre 
 line of Simcoe street aforesaid to the centre line of Queen 
 street ; thence easterly along the centre line of Queen 
 street aforesaid to the centre line of College avenue ; thence 
 northerly along the centre line of Oollege avenue aforesaid 
 and production thereof to the centre line of Avenue road ; 
 thence northerly along the centre line of Avenue road afore- 
 said to the north city limit. 
 
 Ward No. 4 — To comprise all that portion of the said 
 city of Toronto lying to the westv ud of the west limit 
 of Ward No. 3 aforesaid, and to the eastward of the follow- 
 ing described line, that is to say : Being the centre line of 
 Bathurst street, produced southerly to the waters of the 
 Bay ; thence northerly along said production and along 
 •centre line of Bathurst street aforesaid to the north city 
 limit; together with the Island lying in front of said city; 
 the Parliament Buildings, Queen's Park, to be also included 
 in Ward No. 4. 
 
 Ward No. 5 — To comprise all that portion of the said 
 city of Toronto lying to the westward of the west limit 
 of Ward No. 4, and to the eastward of the following des- 
 cribed line, that is to say : Being the centre line of Atlantic 
 avenue, produced southerly to the waters of Lake Ontario ; 
 thence northerly along said production and along the centre 
 line of Atlantic avenue atores.iid to the centre line of 
 Dovercourt road ; thence northerly along the centre line of 
 Dovercourt road aforesaid to the north city limit. 
 
 Ward No. 6 — To comprise all that portion of the said 
 «city of Toronto lying to the westward of the west limit of 
 Ward No. 5 aforesaid. . - - .< - 
 
 87 
 
^ 
 
 38 
 
 B0UNi>ARIE8 OF THE CITY AND WARDS. 
 
 14. ADDITION TO WARD NO 6. 
 
 56 Viot. 0. 85 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 27th May, 1 893. J 
 
 A|nraement 8_ Ti^e agreement between the corporation of the county 
 rf York°con- ®^ York and the city of Toronto, and dated the third day 
 fnned. of February, 1893, a copy of which is set out in schedule 
 
 "A" hereto, is hereby declared to be valid and legal and to 
 be bindinpr on both the said corporations, and the parties 
 to the said agreement are hereby declared to have and to 
 have had at the <late thereof power to do all acts necessary 
 to carry the same into effect. 06 V. c. 85, s. 3. 
 
 Certain lands 
 Minexed to 
 city of 
 Toronto. 
 
 / < 
 
 4. AH and singular those parts of the townships of 
 York and Etobicoke described as follows: — Commencing 
 at the intersection of the westerly limit of Roncesvallea 
 avenue with the northerly limit of Queen street west (Lake 
 Shore road) thence westerly along said northerly limit of 
 said street and the northerly limit of the Lake Shore road, 
 as defined by the Act passed in the 52nd year of Her 
 Majesty's reign, chaptered 77, to the " west end " of the 
 Lake Shore road, as described in an Order in Council of 
 the late province of Canada, dated April 4th, 1865 ; thence 
 southerly across said west end to the southerly limit of 
 the Lake Shore road ; thence easterly along said southerly 
 limit to the production northerly of the westeily limit of 
 the water lot granted to Mary E. Spry ; thence southerly 
 along said production and along said limit to the south- 
 west angle of said water lot ; thence easterly along the 
 southeily limit of the water lots in front of lots 40, 39, 38, 
 37, 36 and part of lot 35 in the township of York to the 
 south-west angle of the water lot heretofore deeded by J. 
 G. Howard to the town of Parkdale, and being at this 
 point the westerly limit of the city of Toronto ; thence 
 northerly along said limit of said water lot to the water's 
 edge of Lake Ontario ; thence easterly along said water's 
 edge to the line between lots 34 and 35 in the said town- 
 ship of York ; thence northerly along said line to the 
 southerly limit of the Lake Shore road; thence south- 
 easterly and easterly along the southerly limit of said Lake 
 Shore road and along the southerly limit of Queen st/eet 
 west to its intersection with the southerly production uf 
 the westerly limit of Roncesvalles avenue ; thence northerly 
 along said production to the place of beginning, are hereby 
 annexed to the city of Toronto and added to ward No. & 
 thereof. 56 V. c. 85, s. 4. - ;■- 
 
BOUNDARIES OF THK CITY AND WARDS. 
 
 39 
 
 5. All the property hereby annexed now exempt from KxemptioM 
 taxation under any township by-law shall remain exempt n^taftoted!*" 
 to the same extent and for the same period as if the said 
 lands had not been annexed t6 the said city. 56 V. c. 85, 
 8. 5. 
 
 I street 
 lion of 
 thei-ly 
 lereby 
 No. & 
 
 SCHEDULE " A." 
 
 (Section 3.) 
 
 This Indenture, made in duplicate the 3rd day of Feb- 
 ruary, one thousand eiorht hundred and ninety-three, 
 between the corporation of the county of York, hereinafter 
 called " the countj'," of the tii-st part, and the corporation 
 of the city of Toronto, hereinafter called " the city," of the 
 second part. 
 
 Whereas the county is the owner of a certain toll I'oad 
 running from Dufferin street, in the city of Toronto, west- 
 erly to a line drawn across the said road at right angles to 
 the northern limit thereof at the distance of six chains 
 west of the west side of the Humber river ; 
 
 And whereas it has been agreed between the parties 
 hereto that the county should, in consideration of the 
 covenants hereinafter contained on the part of the city to 
 be performed, transfer the said Lake Shore road to the 
 city. - 
 
 And whereas the city has agreed to take over and main- 
 tain as hereinafter set forth the said Lake Shore road as 
 defined in chapter 77 of 52nd Victoria of the Statutes of 
 Ontario, including all culverts and bridges upon the line 
 of the said road, and should pay the sum of $750, to the 
 county towards meeting such expenses as have been in- 
 curred by the county in connection with litigation involv- 
 ing the title to the said Lake Shore road as is defined by 
 said statute. 
 
 Now therefore this indenture witnesseth that in con- 
 sideration of the premises and of the covenants and condi- 
 tions hereinafter set forth by the city to be observed, per- 
 formed and fulfilled, and upon the conditions herein set 
 forth, the said corporation of the county of York, for 
 themselves and their successors, do hereby grant and convey 
 unto the said corporation of the city of Toronto, their suc- 
 cessors and assigns, the said Lake Shore road described in 
 the Order in Council dated the fourth day of April, 1865, 
 transferring the said Lake Shore road to the corporation of 
 the united counties of York and Peel, and being more par- 
 ticularly described as to part thereof by chapter 77 of the 
 Statutes of the Province of Ontario, passed in the 52nd 
 year of Her Majesty's reign, to have and to hold unto the 
 
^ 
 
 BOUNDARIES OF THK CITY AND WAUDS. 
 
 said corporation of the city of Toronto and their successorH 
 and assigns, upon and subject to the following terms and 
 conditions, and subject *f* the right of the county to main- 
 tain the toll gate now situated on said road until the 30th 
 day of June, 1893. 
 
 (1) That the city, their successors and assigns, shall* 
 after the 30th day of June, 1893, keep the said ruad as 
 defined by the said Act, and all bridges thereon, at all 
 times thereafter, in thorough repair in accordance with the 
 terms and conditions more fully set forth in the said Order 
 in Council. 
 
 (2) That the city, its successors and assigns, shall not 
 maintain a toll gate or gates upon the said road, nor col- 
 lect tolls or fees from any person or persons for passing 
 over the said road or any portion thereof, or any bridges 
 thereon, but the county shall remove any and all toll gate 
 or gates upon the said road on or before the 1st day of 
 July, 1893, and remove the gate-keeper or keepers thereof 
 without any expense to the city. 
 
 (3) That the said road and bridges thereon shall at all 
 times continue to be public highways. 
 
 (4) In the arbitration pending between the city and 
 county the said Lake Shore road is not to be considered 
 an asset of the county to which the city will claim or pre- 
 tend to claim any share. 
 
 2. And it is further agreed by and between the parties 
 hereto as follows : — 
 
 (1) That the city shall pay to the county the sum of 
 $750 within one month after this f^reement is confirmed 
 by legislation as hereinafter provided, in full of all costs 
 and expenses already incurred in connection with or 
 arising out of actions now pending of the county of York, 
 against Ardagh and Leonard, Ardagh and Leonard against 
 the county of York, Wilma Chapman against the county 
 of York, and the county of York against the Sunny- 
 side Boating Company of Toronto (Limited), or any 
 other action or actions which may be brought in con- 
 nection with the said Lake Shore road before the execution 
 of this agreement; and the county will indemnify and 
 save harmless the city from all costs incurred or to be 
 incurrred in said actions, if continued by the county, 
 beyond the said sum of $750, but the city is to be at 
 liberty to continue any or all of such actions at the ex- 
 pense of the said city after the execution of this agreement, 
 if the said city bo elects and decides ; and in case of deci- 
 ding to continue any one or more of such actions after the 
 execution hereof, then the costs thereafter incurred shkll 
 be payable by or to the city as may be determined in such 
 action or actions ; but the county shall be free therefrom, 
 and the city shall indemnify the county from all liability 
 for costs incurred after the execution hereof ; and that the 
 city will pay such amount as may be awarded by way of 
 
■' •---.■^■^•ssr-jz. ' xxt T ^ 
 
 BOUNDARIES OF THB CITY AMD WARD& 
 
 41 
 
 sum of 
 ifirmed 
 11 costs 
 ith or 
 York, 
 .gainst 
 [county 
 lunny- 
 •r any 
 In con- 
 icution 
 |fy and 
 to be 
 lounty, 
 bb at 
 ;he ex- 
 )ement, 
 i deci- 
 iter the 
 shall 
 in such 
 •efrom, 
 [ability 
 lat the 
 ■ay of 
 
 damages, payable to the plaintiff by any award m<ide in 
 pursuance of any order in the said suit of Wilma Chap- 
 man V. The Corporation of the County of York. 
 
 (2) That the city will, upon the 31st day of December, 
 1894, or on such sooner date as may be mutually agreed 
 upon, abolish the imposition and collection of all market 
 fees which the said city is now entitled to collect in the 
 <:ity of Toronto, except from the cattle market as now 
 established, or as it may at any time heretofore be estab- 
 lished in the said cit}', if the county of York will, upon the 
 same day, abolish the collection of all tolls upon all roads 
 belonging to the county, within the county of York. 
 Provided, however, that if the said county do not abolish 
 such tolls on or before the said 3 1st day of December, 1894, 
 this agreement to abolish market fees shall at once cease 
 and be of no further force or effect. 
 
 (3) That the county will not oppose any action or le^- 
 lation whereby all those parts of the townships of York 
 and Etobicoke bounded on the south by the south limit of 
 the water lots in front of the said road, and on the north 
 by a line drawn parallel with the north side of the Grand 
 Trunk Railway, distant one thousand feet measured north- 
 erly from and at right angles thereto, and extending from 
 the west city limit at High Park to the westerly end of the 
 said road, may be annexed to the said city of Toronto. 
 
 (4) That the said county shall keep said road in thoraugh 
 repair within the meaning of the said order in council 
 until the said thirtieth day of June, 1893. 
 
 (5) That either or both parties to this agreement shall 
 apply to the next session of the legislature of the pro- 
 vince of Ontario to validate and confirm this agreement, 
 and the other party thereto will consent to such legisla- 
 tion. 
 
 3. And the corporation of the city of Toronto, for them- 
 selves, their successors and assigns, covenant and agree 
 with the corporation of the county of York, their succes- 
 sors and assigns ; that they, the said corporation of the 
 city of Toronto, will fully and in every respect obey, ful- 
 fil and perform the said conditions. 
 
 In witness whereof the parties hereto have caused their 
 corporate seals to be hereunto affixed. 
 
 Signed, sealed and delivered 
 in the presence of 
 
 Geo. S. McFarlen, 
 As to signatures of A. S. Russell 
 
 and Geo. Eakin. 
 
 66 V. c. 85, Sched. A. 
 
 « « 
 
 6 ,■■'.■, - 
 
 A. S. Russell, 
 
 Warden, [l. s.] 
 Geo. Eakin, 
 
 Clerk. 
 Robert J. Fleming, 
 
 Mayor,- 
 R. T. COADY, [l. s.] 
 Treasurer. 
 
42 
 
 BOWES PROPERTY. 
 
 BOWES PROPBRTT. 
 
 PrMmble. 
 
 86 Viot. o. 64 (Ont.) 
 
 An Act to enable the Corporation of the City of 
 ToBonto to dispose of certain lands known as 
 the Bowes Property. 
 
 \A88ented to 29th March, 1873.] 
 
 WHEREAS the lands hereinafter described, were on the 
 twenty-eighth day of October, one thousand eight 
 hundred and fifty -nine, conveyed by the late John George 
 Bowes to the corporation of the city of Toronto, and their 
 successors forever, and were accepted by the said corpora- 
 ation in trust for, and dedicated and appropriated to the 
 use of the inhabitants of the said city as a public square ; 
 and the said corporation have by their petition represented 
 that the dedication aforesaid was voluntarily made for the 
 sole purpose of enabling them to accept the said convey- 
 ance, and without any petition for the same from the 
 inhabitants of the said city or any of them ; and that the 
 said lands are situated near to the University or Queen's 
 Park, which is sufficient for the requirements of that por- 
 tion of the said city ; and that negotiations are now pen- 
 ding for the purchase of a large portion of the said park 
 by the corporation aforesaid ; and the said lands consist of 
 a block in the city of Toronto described as follows : — Pom- 
 mencing at the south-east angle of Spadina avenue and 
 Cecil street ; thence easterly along the south side of Cecil 
 street four hundred and fourteen feet, more or less, to the 
 western limit of Huron street ; thence southerly along the 
 said limit one hundred and ninety-four feet eight inches ; 
 thence westerly, parallel to the south side of Cecil street, 
 four hundred and fourteen feet, more or lees, to the eastern 
 limit of Spadina avenue ; thence northerly along the said 
 eastern limit, one hundred and ninety-four feet eight inches 
 more or less, to the place of beginning ; also, commencing 
 at the south-east angle of Cecil and Huron streets ; thence 
 easterly along the south side of Cecil street, two hundred 
 and fourteen feet six inches ; thence southerly, parallel to 
 the east side of Huron street, three hundred and eighty- 
 four feet, more or less, to Baldwin street ; thence westerly 
 along the north side of Baldwin street to the eastern limit 
 of Huron street ; thence northerly along the said eastern 
 limit three hundred and eighty-four feet, more or less, to 
 the place of beginning : 
 
 Therefore Her Majesty, by and with the advice and 
 consent of the Legislative Assembly of the Province of 
 Ontario enacts as follows : 
 
BBOCKTON. 
 
 48 
 
 1. NotwithHtanding anything in the said conveyance con- Po^e' o? *•»• 
 tained, the said corporation shall have the same power to ^ MUthe** 
 sell, lease, convey and dispose of and contract in regard to Bowm pro* 
 the said lands and evcy part thereof as any snbject of P^"^* 
 Her Majesty has in regard to land possessed by him in fee 
 simple absolute and 1 3 confirm and carry out any contract 
 heretofore made fo- the sale of any portion of the said 
 lands, or to cancel und absolutely annul the same upon ten- 
 dering back to the vendee the amount of his deposit, with 
 interest 36 V. c. 64, s. 1. 
 
 2> Every disposition of or contract in regard to the said Contraota of 
 lands, or any part thereof, which is required by law to be ^*» ^°^t^ 
 in writing, shall be under the seal of the said corporation, 
 and signed by the mayor and chamberlain thereof for the 
 time being. 36 V. c. 64, s. 2. 
 
 3. The proceeds of any and every disposition of the said Proceeds of 
 lands, or any part thereof, by the said corporation, shall ?****' ^J^ ** 
 be held and applied by them to the general purposes of the *^^ * 
 said coiporation. 36 V. c. 64, a. 3. 
 
 BROCKTON. * 
 
 Paoe. 
 
 1. VBBKNTtnus By-Laws 43 
 
 2. Amnkxation to the Cmr 45 
 
 3. Assessments IK St. Mask's Ward 47 
 
 4. Boundaries ov—See Boundaries of City and Wards. 
 
 5. Schools and School Secttions— 5ee Schools. 
 
 lencing 
 
 thence 
 
 lundred 
 
 |i*allel to 
 
 eighty- 
 
 «resteriy 
 
 \m limit 
 
 eastern 
 
 less, to 
 
 tice and 
 /ince of 
 
 1. DEBENTURE BY-LAWS. 
 47 Vict. 47 (Ont.) 
 
 An Act to empower the Municiimlity of the Vil- 
 lage of Brockton to make Special Assess- 
 ments, and for other purposes. 
 
 " [Assented to 25th March, 18S4i.] 
 
 WHEREAS the corporation of the village of Brockton Preamble, 
 have, by petition set forth that they have incurred 
 debts for works or improvements (including drainage) done 
 or constructed as local improvements under the provisions 
 of Hie Municipal Act, without sufficient or valid by-laws , , 
 
 having been passed authorizing such works or improve- 
 ments or providing for the borrowing of the money or for 
 making assessments for such works or improvements, and 
 that they are desirous of being authorized to cause an 
 
44 
 
 By-lAWB and 
 
 debentures. 
 
 confirmed. 
 
 BROCKTON. 
 
 assessment to be made and to pass by-laws to provide 
 funds for the payment of the debts so incurred for said 
 works or improvements ; and it is deemed expedient to 
 grant the prayei- of the said petition ; and whereas said 
 petition further sets forth that doubts have been raised as 
 to the validity of certain debentures issued by the said 
 municipality for school purposes, and as to the power of 
 the said municipality to issue valid debentures for school 
 purposes, and it is deemed expedient to remove said doubts ; 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of 
 Ontario, enacts as follows : — 
 
 1. The by-laws of the said village of Brockton, set forth 
 in schedule A to this Act, the numbers whereof are set out 
 in the third column of the said schedule, being by-laws for 
 the construction of local works or improvements and for 
 general purposes, and the respective debentures issued 
 thereunder, as set out in the first column of the said 
 schedule, with the coupons to the said debentures attached, 
 are hereby declared to be valid and binding upon the said 
 corporation notwithstanding any defect whatever in the 
 said by-laws or debentures or in any way connected there- 
 with. 47 V. c. 47, s. 1. 
 
 SCHEDULE A.— (See sec. 1.) 
 
 Shewing Local Improvements and General By-laws and Debentures validated by 
 
 this Act. 
 
 Local Iuproveh^nt By-Laws and Debentures. 
 
 No. 
 
 Date of Issue. 
 
 By-law. 
 
 Nature of By-law. 
 
 Amount. 
 
 1 
 
 31st Depember, 1881. 
 
 No. 20 
 
 Construction of sidewalk on 
 north side of Florence street. 
 
 1 c. 
 
 79 50 
 
 7 
 
 1st April, 1882. 
 
 No. 32 
 
 Construction of sidewalk and 
 boulevard on north side of 
 Bank street. 
 
 127 00 
 
 6 
 
 1st April, 1882. 
 
 No. 37 
 
 Construction of sidewalk on 
 south side Dundas street. 
 
 210 00 
 
 8 
 
 1st October, 1882. 
 
 No. 44 
 
 Construction of sidewalk and 
 crossing on south side of Oor- 
 don street. 
 
 139 00 
 
 9 
 
 1st October, 1882. 
 
 No. 45 
 
 Construction of sidewalk on 
 
 south side of Florence street. 
 
 Grading, fencing and construct- 
 
 35 00 
 
 10 
 
 1st November, 1882. 
 
 No. 46 
 
 
 
 
 
 ing sidewalk upon Jamieson 
 
 
 
 
 
 avenue. 
 
 1000 00 
 
 11 
 
 1st November, 1882. 
 
 No. 46 
 
 do. 
 
 1000 00 
 
 12 
 
 1st November, 1882. 
 
 No. 46 
 
 do. 
 
 880 00 
 
 13 
 
 Ist November, 1882. 
 
 No. 47 
 
 Culverts and grading on St. 
 Helen's avenue. 
 
 640 00 
 
 
 Debentures not yet is- 
 
 No. 65 
 
 Conbtruction of sidewalk on 
 
 
 
 sued. 
 
 
 north side of Lunda; street 
 
 
 
 do. 
 
 No. 70 
 
 . do. 
 
 

 BROCKTON. 
 
 OkNXKAL Bt-LAWS and DBBKirrVBKS. 
 
 ' 
 
 No. 
 
 Date of Inue. 
 
 By-law. 
 
 Nature of By-Law. 
 
 Amount. 
 
 3 
 4 
 
 6 
 
 Ut January, 1883. 
 lat January, 1883. 
 
 Ist January, 1883. 
 
 No. 61 
 No. 52 
 
 No. 63 
 
 Erection of Separate School. 
 For payment of award re school 
 
 section No. 22, and for other 
 
 purposes. 
 Drainage of portion of Village 
 
 of Brockton. 
 
 $ 0. 
 
 3000 00 
 
 1000 00 
 8200 00 
 
 
 
 
 
 45 
 
 2. ANNEXATION TO THE CITT. (nj 
 
 47 Vict. 0. 50 (Ont) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 25th March, 1884.] 
 
 « c. 
 
 79 60 
 
 139 00 
 .35 00 
 
 640 00 
 
 2. — (3) The assessment rolls and the voters' lists of the 
 village of Brockton and of the township of York, (in so 
 far as they apply to the territory hereby annexed to the 
 city of Toronto), for the year 1883, as finally revised 
 for that year, are hereby confirmed, and the council of 
 the city of Toronto, is, subject to other provisions of this 
 Act in that behalf, hereby authorized to adopt the .same 
 by by-law to be passed for that purpose, as and for the 
 assessment rolls and voters' lists for the said wards of 
 St. Matthew and St. Mark, to which the same apply for 
 the year 1884, and no further or other assessment for the 
 said wards for the year 1884 need be made. 
 
 (4) The reeve and the two councillors having the 
 highest number of votes, elected for the village of Brock- 
 ton for the year 1884, shall be, and they are hereby de- 
 clared to be the three aldermen foi- the said ward of 
 St. Mark, for the year 1884, after this Act comes into 
 force. " ■•;/■. ■ ;.■' 
 
 (5) Immediately after this Act comes into force the 
 necessary proceedings .shall be had and taken for the elec- 
 tion of three aldermen for the said ward of St. Matthew, 
 
 (n) Brockton and adjoining territory was annexed to the city of 
 Toronto by sub-section 2 of section 2 of 47 Vict. o. 59 (Out.), p. 23, by 
 which sub-section the boundaries of such territory were defined. See 
 also note (e) to said sub-section Ih, 
 
46 
 
 BROCKTON. 
 
 and two public school trustees for each of the said wards 
 of St. Matthew and St. Mark, under the statutes in that 
 behalf, providing for filling vacancies occurring during the 
 year; and the aldermen elected at such election, Hhall 
 serve a» aldermen of the said city of Toronto for the 
 balance of the current year ; and the trustees elected at 
 such election, shall serve as public school trustees on the 
 public school board fur the city of Toronto, one for each 
 of the said wards, the balance of the current year, and 
 one for the balance of the current year and one year there- 
 after, the order of their retirement to be determined by 
 lot between them and recorded by the secretary of said 
 public ftichool board at the tirst meeting thereof to be 
 held after such election shall have taken place. 
 
 (6) Sections 4, 5, 6, 7, 8, and 13 of the Act passed in 
 the forty-sixth year of the reign of Her Majesty, chaptered 
 46, entitled, A ji Act respecting the city of Toronto and the 
 village of Yoi'kvilU, and other matters, are hereby incor- 
 porated with, and are to be read and taken as applying to 
 the said village of Brockton, in the same manner and to 
 the same extent as if the said village of Brockton had 
 been annexed to the city of Toronto under the provisions 
 of the said Act. 47 V. c. 59, s. 2 (3-6). 
 
 (8) The councils of the corporation of the city of 
 Toronto and the county of York and township of York, 
 respectively, are hereby authorized to settle and agree each 
 with the other, or with any of them, upon all questions, 
 claims, demands or disputes, which may arise between 
 them or any of them, out of the annexation of the terri- 
 tory above described to the city of Toronto, or which may 
 arise in respect of any school moneys, school sites or other 
 claims, but in the event of the said councils not being 
 able to so agree, then all such questions, disputes, claims,, 
 and demands shall be determined by arbitration under the 
 provisions of The Gonaolidated Municipal Act, 1883, in 
 that behalf ; provided that the expenses incurred by the 
 county in taking the census of the territory comprised in 
 the said ward of St. Matthew, by this Act annexed to the 
 said city, under the application for the incorporation of 
 the same as a village, and which would have been payable 
 by the said village if incorporated, shall be paid to the 
 said county by the said city, not exceeding in all the sum 
 of one hundred dollars. 47 V. c. 59, s. 2 (8). 
 
wards 
 n tbat 
 ng the 
 , shall 
 or the 
 ited at 
 on tbe 
 >r each 
 ir, and 
 > there- 
 ined by 
 of said 
 to be 
 
 Bissed in 
 laptered 
 and thA 
 ly incor- 
 ilying to 
 r and to 
 ion had 
 rovisions 
 
 city of 
 of York, 
 gree each 
 [uestions, 
 between 
 ,he terri- 
 lich may 
 or other 
 lot being 
 iS, claims, 
 [inder the 
 1883, in 
 jd by the 
 iprised in 
 :ed to the 
 •ration of 
 payable 
 ,id to the 
 ll the sum 
 
 BROCKTON. 47 
 
 & A88ESS1IEHT8 IN ST. MARK'S WABD. (o) 
 
 40 Viot. o. 66 (Ont) 
 An Act respecting the (Jity of Toronto. 
 
 [A^ented to 2oe/t March, 1886.] 
 
 21. In the matter of the recent anne: .atlon of the late Auewineata 
 Municipality, of the village of B.^^wLvon to the city of '" ^ Mark's 
 Toronto as St. Mark's Ward in the said city, and with re- 
 gard to the by-laws passed by the council of said late 
 municipality of Brockton, set out in the schedule to the 
 Act passed in the 4i7th year of Her Majesty's reign, chapter 
 47, and with regard to any other by-laws passed by the 
 said council, authorizing the issue of debentures for general 
 school or local improvement purposes, or for incurring debts 
 by way of temporary loans in anticipation of the comple- 
 tion of works, and ascertaining the exact cost thereof in 
 anticipation of the future local special assessments to be 
 made upon the properties benefited by the improvements, 
 and the passage of by-laws for the issue of debentures to 
 retire such temporary loans, under the provisions of Tlie 
 Consolidated Manicipal Act, 1883, and amending Acts in 
 that behalf, in order to remove all doubts as to the validity 
 of said by-laws and assessments, where made, and the value 
 of any debentures is«uod under such by-laws, and in order 
 to provide for the payment of the principal and interest of 
 the debts incurred by the said late village of Brockton, for 
 the construction of such local improvements to be paid for 
 by special assessments where such assessments have not . 
 been made ; it shall be lawful for the council of the cor- } 
 poration of the city of Toronto to pass by-laws providing ^ 
 for new and proper special local assessments, where &sse8.s- 
 ments have been heretofore made by the council of the 
 said late village of Brockton in lieu of the assessments and 
 ratings heretofore made upon real property benefited by . 
 
 such local improvements, and for making proper special . 
 local assessments, where local improvements have been " ' 
 made with money borrowed in anticipation of the special ■: -^ 
 assessments thereafter to be made upon the real property 
 benefited, and where such assessments have not yet been 
 made ; and for providing funds to meet the local improve- 
 ment debts incurred by the said late village of Brockton, 
 as well upon the credit of the village at large, as upon the 
 security of the local special assessments made or to be made, 
 and for providing for the issue of debentures under the 
 seal of the said city, and for asstssing and levying all ' 
 sufficient rates for providing the interest to be paid, and the ^ ^ * 
 sinking fund to be invested in relation thereto : provid' 1 
 that after the making of such new assessments and ratings 
 
 (o) See also 47 Vict. c. 59, s. 2, subs. 3 (Ont), p. 45. 
 
COURT HOUSE AND CITT UALL. 
 
 and the passing of said by-laws any ratings heretofore 
 made in that behalf, shall be held to be null and void» 
 aave and except ns to any payments thereunder, which pay- 
 ments shall be duly adjusted for the benefit of the parties 
 ooncemed in bringing the new assessments and ratings into 
 effect ; and it shall be further lawful for the said city of 
 Toronto to exchange the debentures so to be issued, for the 
 
 Surposes aforesaid, under the seal of the said city for any 
 ebentures vof the late village of Brockton which may have 
 been sold or ai'e held by parties, either by absolute purchase 
 or as security for cash advances made to the said late 
 municipality. 49 V. c. 66, s. 21. 
 
 COURT HOUSE AND GITY HALL. 
 
 47 Viot. o. 59 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [Aaaented to 2otft March, 1884.] 
 
 Power to pua 1. The council of the corporation of the city of 
 k.-lawB. Toronto may pass by-laws for the following amongst 
 other purposes notwithstanding any thing in The Consoli- 
 dated Municipal Act, 1883, or any special or private Act 
 relating to the said city of Toronto contained to' the 
 contrary. 47 V. c. 59, s. 1. 
 
 ing 
 publJ 
 
 for public 
 aild 
 
 (2) For entering upon, taking, using, and acquiring all! 
 I,„jfjjn-^ lands which may at any time be required by the said city 
 aqaarM, etc. for the purposes of city hall buildings, and a cjurt house 
 within the limits of the city of Toronto, making due com- 
 pensation therefor to the parties entitled thereto under the 
 provisions of The Consolidated Municipal Act, 1883, in 
 that behalf. 47 V. c. 69, s. 1 (2). 
 
 Issne of 
 debentarei 
 
 7- * * To provide the means necessary to pi'ocure 
 a site for and the erection of the new court house, to be 
 erected within the said city * • * it shall and may 
 be lawful for the said council of the city of Toronto to pass, 
 by-laws from time to time and as occasion may require^ 
 
IJHIIHWiir'BH 
 
 COURT HOUSE AND CITY HALL. 
 
 without obtaining the ament of the electors thereto before 
 the Anal passing thereof for borrowing money by the issue 
 of debentures or city stock on the credit of the city at large 
 to the amounts and for the purpoi^es following that is to 
 say : 47 V. c. 59, s. 7 p<irt. 
 
 (2) To an amount not exceeding the sum of three hun- Proonring « 
 dred thousand dollars for the purpose of procuring a "Ite ''noting** 
 for and erecting thereon a court house. 47 V. o. 59, s. 7 (2.) court houw. 
 
 8. Provided, nothing in this Act contained shall be con-Poweraofoity 
 strued so as to take away or in any way abridge any |"»* »•>«"•<'««' 
 powers which the said council now has under TheConau-Jf^^j^^^^" 
 lidated Municipal Act, 1883, or under any special or pri- 
 vate Acts, to pass by-laws without obtaining the assent of 
 the electors thereto before the final passing thereof, for 
 borrowing money on the credit of the city at large by the 
 issue of debentures or city stock for any of the purposes 
 mentioned in this Act or any of the said other Acts. 47 
 7. c. 59. s. 8. 
 
 ma 
 
 9- Provided always, that nothing in this Act contained Act not to \m 
 .shall be construed as authorizing an extension of the gen- °*^??'"|^ " 
 eral city debt beyond the limits thereof fixed by the Act *„ oxtenJlSu 
 passed by the Legislature of the Province of Ontario in of city debt, 
 the forty-second year of Her Majesty's reign, chaptered 
 seventy-five. 47 V. c. 59, s. 9. 
 
 10. This Act shall be deemed to be incorporated with Act to be in- 
 and a.s amending the general Municipal and Assessment oorporated 
 Acts and the amendments thereto, in so far as the same ^Jjnd^eM- 
 relate to the city of Toronto. 47 V. c. 59, s. 10. ment Acta. 
 
 48 Vict o. 78 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Assented to SOth March, 1885.] 
 
 procure 
 ise, to be 
 ,nd may 
 io to pass. 
 
 require^ 
 
 1. The agreement bearing date the twenty -sixth day of Agreement 
 
 June, one thousand eight hundred and eighty-four, made between cor- 
 
 between the corpor»ition of the city of Toronto and the ^"*f*5'oron- 
 
 corporation of the county of York, providing for the to and county 
 
 erection and maintenance of a court house, and other** York com- 
 _ finned. 
 
AO 
 
 COURT HOUSE AND CITY HALU 
 
 mattera therein referred to and a copy of which in net 
 forth in the Schedule A to thifi Act, is hereby declared to 
 be and Hhall bo held to be a valid and binding agreement 
 Iwtwoen the Haid corporationN ; and it is horebv further 
 enacted that the councils of the Haid municipal iticH shall 
 have full power and authority, and they are and each of 
 them \H hereby authorized and empowerofl to paus any 
 by-law or by-laws which may at any time, and from time 
 to time, be necessary for the purpose of carrying into effect 
 the said above in part recitea agreement. 48 V. c> 73, s. 1. 
 
 (2) For the purpose of enabling the said city to carry 
 on the works provided for in tTie said agreement, the 
 council of the said city is hereby authorized and em- 
 powered to make agreements with any bank or banks, or 
 with any person or persons, corporation or corporations for 
 temporary advances and loans until the completion of said 
 worics, and thereafter, or from time to time, to pass by- 
 laws for the issue of debentures to repay the amount of 
 the temporary loans or advances aforesaid, and any interest 
 paid or payable thereon ; and it shall not be necessary to 
 dbtain the assent of the electors or ratepayers to the pass- 
 ing of any such by-law or by-laws, provided the same be 
 approved of by the Lieutenant-Governor in Council ; and 
 the amount authorized to be borrowed under such by-law 
 or by-laws shall not exceed the sum of $425,000, which 
 sum shall be in addition to the amount hereinbefore 
 authorized. 50 V. c. 72, s. 1, (2). 
 
 (3) No indictment or other proceeding shall be institu- 
 ted or pi'osecuted against the said county in respect of the 
 existing court house accommodation, and after the pass- 
 ing of this Act. the said county shall cease to be respon- 
 sible for any default in providing suitable accommodation 
 for the courts or officers engagea in the administration of 
 justice 50 V. c. 72, s. 1, (3j. 
 
 (4) The time for the completion of the said court house, 
 offices and accommodation in the said agreement prescribvl, 
 shall be extended to the twenty -sixth day of June, 1889. 
 and it shall lie the duty of the said city forthwith, after 
 the passing of this Act, to proceed with the erection of the 
 same, and to complete the same as speedily as possible 
 within the above extended time, and the said city alone 
 shall be responsible for the failure to provide suitable 
 court house accommodation. 50 V. c. 72, s. 1, (4). 
 
 !/ 
 
 I/: 
 
 SCHEDULE A. 
 
 Articles of Agreement made this twenty-six day of 
 June, A. D. 1884, between the corporation of the city of 
 Toronto, (hereinafter called "the city" of the first part) and 
 
■J!' a ai. 
 
 rr.rji.a=ja&ri 
 
 COURT HOl'BK AND CITY HALU 
 
 the corporation of tln» county of York, (hereinafter called 
 " the county " of the second piirt) : Wherean it is expedient 
 and neoeHMary that n new court houne for the Hiiid county 
 and city should forthwith be built with proper rooniH, 
 oflices, an(i acconunodation therein, and convenient for the 
 transaction of the busineHs uf the court, and other public 
 buHineHH in connection with the administration of justice ; 
 
 And whereas the city hm proposed to the county that 
 the county should not erect such court house, but ui lieu 
 thereof that the city should proceed to erect said court 
 house upon the terms hercinnfter mentioned. 
 
 Now this agreement witncMseth that in consideration of 
 the premises, and in pursuance of the said proposal and 
 agreement, the said the city <loth hereby agree to and 
 with the said the county that the city shall and will forth- 
 with proceed with the selection of a suitable site at a 
 convenient place in the said city for such court house, 
 and shall and will, upon such selection being made, 
 forthwith proceed to erect, build, and maintain a suitable 
 court house thereon, regard being had to the future 
 growth and requirements of the said city and of the 
 county of York, with proper rooms, offices and accommo- 
 dation therein for the convenient transaction of the busi- 
 ness of the courts and other public business in connection 
 with the administration of justice now by Itiw carried on 
 and conducted in a court house, erected under the provi- 
 sions of the law, but not* for any separate use by the county 
 as a county nuinicipality, nor for any separate use by the 
 city as a city municipality, so that the same shall be fully 
 completed and ready for use and occupation by the said 
 courts, and by the officers thereof as soon as possible, and 
 within three years and six months from the date of this 
 agreement at the latest ; and that the council of the said 
 corporation of the city of Toronto will forthwith pass 
 by-laws for so carrying into ett'ect the provisions of this 
 agreement ; and the cit}' tloth hereby agree to, and with 
 the county that the city shall and will maintain the said 
 court house and all offices and rooms ; and shall and will 
 keep the same in repair, together with the grounds con- 
 nected therewith, whether the same forms a separate 
 building or is connected with anj- other to be Duilt ; 
 and shall and will appoint keepers thereof whose duties 
 shall be to attend to the proper lighting, heating and clean- 
 ing of the said court house, rooms and offices ; and that 
 the city shall and will, from time to time, provide all 
 necessary and proper accommodation, fuel, iight, and fur- 
 niture for the courts of justice, and shall and. will, from 
 time to time, provide proper offices, together with fuel, 
 light, and furniture for all offices connected with such 
 courts. 
 
 And the city doth further agree to and with the county 
 that the cost of a site and of the erection of said court 
 
 51 
 
ftS 
 
 COURT HOUSE AND CITY HALL. 
 
 house, shall be borne solely by the said city, and the same 
 shall be the property of the said city alone ; and from and 
 after the erection of the said court house, the city shall 
 and will assume nnd undertake the statutory obligations 
 respecting a court house of the judicial county ot York 
 for judicial purposes only ; and the same shall and will be 
 fully observed and discharged by the said city, so that the 
 said county shall be relieved therefrom. 
 
 And the county doth hereby agree to, and with the said 
 city, that from and after the erection and completion of 
 the said court house and offices ready for use nnd occupa- 
 tion by the said courts, and the officers cormected there- 
 with, the said county shall, as part of the judicial county 
 of York, bear and pay to the said city the just share and 
 proportion of all charges and expenses from time to time» 
 as the same may be incurved, of the proper lighting, clean- 
 ing and heating of the said court house; and for providing 
 all necessary and proper accommodation, fuel, light, and 
 furniture for the courts of justice and the officers thereof, 
 and of aill other charges relating to the administration of 
 justice which no\7 are, or which at any time hereafter may 
 be made by law payable by tht county in the first instance, 
 or which the county has heretofore borne, (except such 
 constables' fees, and srch disbursements and charges con- 
 nected with coroners' inquests, and such other charges as 
 the county is now entitled to be repaid by the Province) ; 
 and shall also pay to the said city such sum annually in 
 respect of the use of the said court house for county pur- 
 poses, including the holding of courts, and the use of 
 portions thereof by judicial officers of the judicial county, 
 as a part of such judicial count}' should justly be charged 
 with ; regard being had to the cost of the site and of 
 erecting, building, repairing, and maintaining the said court 
 house, as may l^e mutually agreed upon by the city and the 
 county, or settled by arbitration under The Consolidated 
 Municipal Act, 1883, in Ci^se they do not agree, provided 
 always that in case the cost of the site and of the erection 
 of the court house aforesaid, with the offices aforesaid, 
 shall have exceeded four hundred thousand dollars, yet in 
 fixing such annual sum to be paid by the said county an- 
 nually for the use of the said court house, the cost of the 
 site and of the erection of the buildings aforesaid, shall 
 not be taken at any larger amount than four hundred 
 thousand dollars, bsit the amount to be paid annually by 
 the county, shall be the proportion justly payable by the 
 county as part of the said judicial county aforesaid, based 
 upor. the accual cvjst thereof, but not ir» any case exceed- 
 ing the said sum of four hundred thousand dollars. 
 
 A.nd the said city doth further agree to and with the 
 county that, from nnd after the completion of the said 
 court house, all fees and other moneys now payable by 
 
COURT HOUSE AND CITT HALli. 
 
 S8 
 
 the county under the provisions of The Juroi'a' Act and 
 amendments thereto, and under chapters 84, 85 and 87 of the 
 Revised Statutes of Ontario, and all other fees and moneys 
 now payable or to be advanced out of county funds for, 
 or in connection with the administration of justice shall 
 be thereafter paid or advanced by the city, and by and 
 out of city funds. And the county doth further agree to 
 and with the said city, that the county shall pay and 
 refund to the said city the proportion of all such fees and 
 moneys as by law is now payable by the county as their 
 proporton thereof; and the city shall be entitled to all 
 fees and moneys now payable to the said county or the 
 treasurer thereof, under the provisions of the said Acts, 
 and to all refunds or reimbursements now payable to the 
 county in respect thereof, all of which shall thereafter be 
 paid to the said city and the treasurer thereof, instead of 
 to the said county or the treasurer thereof, it being the 
 time meaning and intent of this agreement and of the par- 
 ties thereto, that from and after the completion of the said 
 court house the said city shall in all things assume the 
 existing obligations of the county to provide funds respect- 
 ing the administration of justice, and that the county shall 
 contribute to the city their proportion only of the fees and 
 moneys payable respecting such obligations. Provided 
 always, and it is hereby agreed by and between tho parties 
 hereto, that in case after the lapse of five years from such 
 compensation having been settled by a^reeme j or award as 
 above provided, it appears reasonable to the Lieutenant- 
 Governor in Council upon the application of either paiiy 
 that the amount of such compensation payable by the 
 county to the city in respect of the several matters and 
 things above mentioned, should be reconsidered, he may by 
 orde'i in council direct that the then existing arrangement 
 shall cease after a time named in the order, and after such 
 time the councils of the said city and county shall settle 
 anew by agreement or arbitration under the provisions of 
 the said Consolidated Municipal Act, 1883, or any then 
 existing modification thereof in that behalf, the amount to 
 be paid from the tirae'so named in the order, and that the 
 said matter may be from time to time thereafter in like 
 manner opened up at the end of every five years in manner 
 aforesaid at the instance of either party. 
 
 And it is hereby further agreed that the county shell not 
 be entitled to the separate use of the said court house or of 
 any of the offices therein, and that the same shall V-e used 
 by the said county only as part of the judicial county. 
 
 AnJ it is hereby further agreed by and between the 
 parties hereto that if any dispute shall arise between the 
 said county and city in respect of the matters hereinbefore 
 mentioned, the same shall from ■ time tc time be referred 
 to arbitration in manner piovided by The Conaolidaied 
 Municipal Act, 1883, unless the sai^ county and city 
 
mmfmfmm 
 
 •p^ 
 
 H 
 
 COURT HOUSE AND CITY HALL. 
 
 diall from time to time mutually agree ; and it is hereby 
 lastly agreed that the said city and county shall join in a 
 petition to the Legislature asking that this agreement be 
 confirmed and be declared to w binding upon the snid 
 oorpovations respectively, and for such legislation as may 
 be requisite to relieve the county from any further obliga- 
 tions to provide court house accommodation for judicial 
 purposes after the erection and completion of the said new 
 court house and other obligations aforesaid, and to confer 
 upon the city the power to assume the same, and otherwise 
 to carry out the provisions of this ngreement. 
 
 In witness whereof the said corporations have hereto 
 affixed their corporate seals the day and year first above 
 written. 48 V. c. 73, Sched. 
 
 50 Vict o. 72 (Ont.) 
 
 An Act to provide for the erection of a Court 
 House in the City of Toronto. 
 
 [Assented to 23rd Api-U, 1887.] 
 
 « * • » « • 
 
 Power to mU 2. (p) The county may sell and convey the existing 
 ^ittngoonrt^^j.^ house, and the lands and appurtenances therewith 
 used and enjoyed, or any part thereof, at any time after 
 the same may cease to be required for court house pur- 
 poses, and the council of the county may by by-law pro- 
 vide for such sale being made either for cash or on credit^ 
 or partly for cash and partly on credit, and may prescribe 
 the security to be taken in case of sale on credit, and may 
 . provide for the manner of executing the conveyance or 
 conveyances thereof, and otherwise in relatibn to the 
 sale and conveyance as they may find necessary or deem 
 Expedient. 50 V. c. 72, s. 2. 
 
 
 52 Vict. c. 78 (OBt.) 
 An Act respecting the City of Toronto. 
 
 [Assented to 2'Srd March, 1889.] 
 
 N«w oonrt , 14. The council of the corporation of the city of 
 dT^hiSl* I'oronto may, by by-law, entrust the control and manage- 
 (p) Section 1, i$ee p. 50. 
 
COURTS. 
 
 ment of the erection and completion of the proposed new 
 combined court house and city hall (within the limits of 
 expenditure therefor which may from time to time be 
 authorized), to a commission consisting of three members, 
 who shall be appointed by by-law of the said corporation, 
 and shall receive such remuneration as the said council 
 may by the same or by any other by-law determine. Any 
 vacancies occurring from time to time in said commission 
 may be filled by ^y-law of the said council. 52 V. c. 73, 
 s. 14. 
 
 55 
 
 COURTS- 
 
 I. 
 
 2. 
 
 a 
 
 Local Courts of County op York . . . 
 Court of Revision. — See Assessment. 
 Jurors— See Jurors. 
 
 Paox. 
 .. 55 
 
 1. LOCAL OOUBTS OF OOUNTT OF TOBK. 
 R. S. O. (1887) 0. 46. (?) 
 
 An Act respecting County Judges and the- Local 
 V Courts. 
 
 j^^ 
 
 26 — (1.) The Lieutenant-Governor may from time to Shorthand 
 time appoint a person to fill the office of shorthand writer ''"*«"• 
 for the local courts of the county of York, and such per- 
 son shall be subject to the direction of the senior judge, or, 
 in his absence, to thtt direction of the junior judge, and 
 shall be entitled to such remuneration, either by salary or 
 by fees, or partly by salary and partly by fees, as the Lieu- Salary. 
 tenant-Governor in Council may from time to time direct ; 
 and if paid by salary only, the fees payable in respect of 
 his duties as a shorthand writer, shall go in reduction of 
 his salary, and the balance, if amy, shall be paid by the ' 
 
 county quarterly, on the first day of January, April, July 
 and October of every year. 
 
 (2.) The fees, and all matters relating to the duties of Fees and 
 said officer shall be determined and regulated from time to •*"*""• 
 time by the judges of the said county court, subject to the 
 approval of the Lieutenant-Governor in Council. 
 
 (9) Original Act, 40 V. c. 19, s. 4. 
 
5G 
 
 CROWN ATTORMET. 
 
 8h ire of city (3) The City of Tomnto shall bear and recompense the 
 of Toronto in gomjjy ^f York for a proper proportion of the salary, and 
 the proportion, in case the city and council disagree, 
 shall be determined by arbitration, according to the pro- 
 Stat. 0. visions of The Municipal Act ; and, subject to such 
 agreement or arbitration and until and unless the same 
 determines a different proportion, the city shall pay to the 
 county one-half, and the county's share shall be one-half 
 of the salary. R. S. O. 1877, c. 42, s. 24. 
 
 s-ilary. 
 
 Rev, 
 184. 
 
 CROWN ATTORNEY. 
 
 56 Vict. o. 10 (Ont) 
 
 An Act respecting the office of County Crown 
 Attorney in the County of York and City of 
 Toronto. 
 
 {Assented to 27th May, 1893.] 
 
 Preamble. "IITHEREAS, from the increase in the population of the 
 It city of Toronto and the county of York, the amount 
 and character of bu-«iness which has to be performed by a 
 county attorney in the administration of justice in the said 
 county have become such that two competent and respon- 
 sible Crown attorneys are needed for the due administra- 
 tion of Justice, instead of one as in other counties, no 
 increase in the expense to the public or to individuals being 
 thereby occasioned ; 
 
 • 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of 
 Ontario, enacts as follows : — \ 
 
 Two Crown 1. There shall hereafter be two Crown attorneys for the 
 attorneys for county cf York, one of whom shall be designated the Crown 
 Toronto** attorney for the county of York, and the other the Crown 
 attorney for the city of Toronto. 56 V. c. 19, s, 1. 
 
 Duties of 
 Crown attor- 
 ney for the 
 city of To- 
 ronto. 
 
 2< The Crown attorney for the city of Toronto shall be 
 the CrowAi attorney whose duty it shall be to institute and 
 conduct on the part of the Crown prosecutions before the 
 police magistrate for the city of Toronto, and to institute 
 and conduct all other proceedings in the police court for 
 
■"T^y^lTffJfff^ 
 
 CBOWN ATTOBNET. i^ 
 
 the city of Toronto before the said police magistrate, or any 
 justice or justices of the peace acting for such police magis- 
 trate, under any Act or law conferring summary powers 
 to convict for offences in relation to the public revenne, 
 the public property, the public domain, the public peace, 
 the public health and other matters made punishable on 
 summary conviction before such police magistrate, or jus- 
 tice or justices of the peace ; and the said Crown attorney 
 is hereby empowered to institute such proceedings upon a 
 complaint in writing, or as public prosecutor in cases where 
 the public interest requires the exercise of such office. 56 
 V. c. 19, s. 2. 
 
 8._(1) The Crown attorney for the county of York gj^e» oj^^ 
 shall perform like duties and have like powers to those neyforcounty 
 which are hereby conferred by the preceding section upon of York, 
 the Crown attorney for the city of Toronto, with respect 
 to all police and magistrates' courts within the county of 
 York which are outside of the jurisdiction of the police 
 court for the city of Toronto. 
 
 (2) Except as otherwise by this Act expressly provided, 
 the said Crown attorney for the county of York shall also 
 perform all the duties required to be performed by county 
 Crown attorneys under uad in pursuance of The Act reapefit- Rev. Stat. c. 
 ing County Grown Attorneys, or any regulations made 79- 
 thereunder, and the Act to amend the Act respecting County ^ y ^^ jy 
 Qi'own Attorneys. 56 V. c. 19, s 3. 
 
 4. Nothing ill this Act coiilained is to increase expense Expenae of 
 to the public or to the parties to any proceeding. 56 V. c. {Jot'to be u 
 19, S. 4. creased. 
 
 5. This Act shall be read as part of the said Act respec/!- Act incorpo- 
 ing County Grown Attorneys, &nd the Act amending thc"^_g^J^ 
 same. 56 V. c. 19, s. 5. 79 and 64 V. 
 
 o. 17 
 
98 
 
 DEBT AND DEBENTURES. 
 
 1. 
 2. 
 
 3. 
 4. 
 6. 
 
 7. 
 8. 
 9. 
 
 10. 
 11. 
 12. 
 
 13. 
 14. 
 15. 
 16. 
 
 DBBT AND DBBENTUBBS. 
 
 Paob. 
 
 Obnekallt S8 
 
 CoNnKUATioN or Dkbbmtube Bt-Laws. 
 
 (a) GentraVy 59 
 
 (b) Don Improvement — See Don Improtemknt. 
 
 CONBOLIDATIOK Or CiTY DSBT 94 
 
 Ck>BPORATioN 8took 114 
 
 PniMANUiT Ihfbovehents. 
 
 (a) Drainage 117 
 
 (b) Parka 118 
 
 (o) Subways and Bridges 119 
 
 Local Improvements. 
 
 (a) Oenerally 123 
 
 (b) Cotifirmation of By-Laws — S'ee 2 (a) supra. 
 
 (c) Street Railway Debentures 126 
 
 (d) Parkdale Debentures —See Parkpalb. 
 Ashbridge's Bat Debentures— iS^ce Ashbbidge's Bay. 
 Br^ickton Debentvris — See Brockton. 
 
 COCRT HOUBB AND CiTT HaLL DEBENTURES— See CoURT HOUSB 
 
 AMD City Hall. 
 Don Improvement Debentures— ^ee Don Improvement. 
 EttPLANADE Debentures — See Esplanade. 
 Garrison Creek and Roskdale Creek Sewers' Debentures— (S'ee 
 
 Garrison Creek and Rosedalk Creek Sewers. 
 Railway Aid Debentures— 5«>« Railways. 
 Street Railway Debentures— i9ee Street Railways. 
 Parkdale Debentures- S'ee Parkdale. 
 YoBKViLLE Debentures- ■S'ee Yorkville. 
 
 1. GENEBALLT. 
 47 Vict. o. 59 (Ont.) 
 An Act respecting the City of Toronto. 
 
 {Assented to 2oth March, 1884.] 
 
 1 
 
 8. * * Nothing in this Act (r) contained shall be 
 Powers of city ^^^s*'''^®'^ ^ '^^ ^^ ^^^^ away, or in any way abridge any 
 not abridged powers which the said council now has under The Gonaolt- 
 ^y.P.">^">°" dated Municipal Act, 1883, or under any special or private 
 of tnu c . ^Q^^ ^Q pJ^gg by-laws without obtaining the assent of the 
 electors thereto before the final passing thereof, for borrow- 
 ing money on the credit of the city at large by the issue of 
 debentures or city stock for any of the purposes mentioned 
 in this Act or any of the said othor Acts. 47 V. c. 59 s. 8. 
 
 (r) This Act (47 V. c. 59 (Ont.) ) gave poirer to the city to raise moneys 
 for water works, for a site for a court houre, for the garrison creek sewer 
 and for the acquisition of roads in county of York, etc. 
 
DEBT AND DEBENTURES. 
 
 59 
 
 9- Provided always, that nothing in this Act con- Act not to be 
 tained shall be construe<i as authorizing an extension of the ^uthmd^ig" 
 general city debt beyond the limits thereof fixed by the on ext«iuion 
 Act passed by the Legislature o. the Province of Ontario, <>* o»*y debt 
 in the forty-second year of Her Majesty's *eign, chaptered 
 seventy-five. 47 V. c. 59, a 9. 
 
 10. This Act shall be deemed to be incorporated Act to be in- 
 with, and as amending the general Municipal and Assess- ^'t^^^ot. 
 ment Acts, and the amendments thereto, in so far as the pal and as- 
 same relate to the city of Toronto. 47 V. c. 59, s. 10. Bewment 
 
 Acta. 
 
 52 Viet. o. 74 (Ont.) 
 
 An Act respecting the Consolidation of the Deben- 
 ture Debt of the City of Toronto. 
 
 lAaaented to 23rd March, 1889.] 
 
 10. Any debentures hereafter issued by the said corpo- Term of 
 ration of the city of Toronto, under the provisions of this **®^''*"'®** 
 Act, or under any other statutory authority, whether for 
 general city purposes, school purposes, or for water works 
 purposes, may, notwithstanding anything in The Municipal Rev. Stat. co. 
 Act, The Toronto Water Works Act, The Public Schools ^^^'^'S'^ 
 Act, or any other Act or Acts contained, be issued and 
 made payable at any time not exceeding forty years from 
 the day of the date of the respective issues thereof. 52 Y. 
 c. 74, a 10. 
 
 c. 79. 
 
 2. CONFIRMATION OF DEBENTUBE BT-LAWS. 
 (a) Generally. 
 
 40 Vict. 0. 40 (Ont.) 
 
 An Act to legalize a certain By-law and certain 
 Debentures of the City of Toronto. ,: . 
 
 < : [Assented to 2nd March, 1877.] 
 Effete. 
 
CO 
 
 DEBT AND DEBBNTURES. 
 
 46 Viot. a 48 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Assented to 1st FebttMry, 1883.] 
 
 By-Uws 
 oonfirmed. 
 
 4- Notwithstanding anything in the said Act passed in 
 the forty-second year of the reign of Her Majesty and chap- 
 tered seventy-five, (s) or any other Act passed by the Legis- 
 lature of Ontario to the contrary, all by-laws passed by the 
 said council of the corporation of the city of Toronto, for 
 borrowing money on the general credit of the city, to pro- 
 vide for the payment of the city's share of the local 
 improvements and works constructed and made since the 
 said Act was passed, for borrowing money by the issue of 
 debentures secured by special assessments on the Toronto 
 Street Railway Company, to provide for the payment of 
 the cost of their share of such local improvements, and all 
 by-laws passed by the said council for borrowing money 
 by the issue of debentures secured by special assessment 
 on the real property benefited by such works, are hereby 
 declared vaud and efiectual. 46 V. c. 43, s. 4. 
 
 48 Viot 0. 78 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to SOth, March 1886.] 
 
 By-laws for 
 borrowing 
 money cou- 
 firmed. 
 
 4. All by-laws heretofore passed by the said council of 
 the corporation of the city of Toronto, for borrowing 
 money on the general credit of the city, to provide for the 
 payment of the city's share of local improvements and 
 works, for borrowing money by the issue of debentures 
 secured by special assessments on the Toronto Street Rail- 
 way Company, to provide for the payment of the cost of 
 their share of such local improvements, and for borrowing 
 money by the issue of debentures secured by special assess- 
 ment on the real property benefited by such works, are 
 hereby declared valid and effectual. 48 V. c. 73, s. 4. 
 
 («) An Act which provided for the reconsolidation of the city debt. 
 See p. 101. 
 
o. 
 
 1883.] 
 
 DEBT AND DEBKNTURB8. 
 
 40 Viot o. ee (Ont) 
 An Act respecting the City of Toronto. 
 
 [Aesented to 23rd March, 1886.] 
 
 U 
 
 tassed in 
 ,nd chap- 
 he Legis- 
 ed by the 
 ronto, ior 
 r, to pro- 
 bhe local 
 since the 
 9 issue of 
 ) Toronto 
 lyment of 
 ts, and all 
 ng money 
 ssessraent 
 i,re hereby 
 
 32. AH by-laws heretofore pa.ssed by the said council of Confirmatioii 
 the corporation of the city of '1 oronto, lor borrawing money °' ^^"'j^. 
 on the general credit of the city to provide for the payment t^^M. 
 of the city's share of local improvements and works, for 
 borrowing money by the issue of debentures secured by 
 special assessment on the Toronto Street Railway Company, 
 to provide for the pnyment of the cost of their share of 
 local improvements and workH, and for borrowing money 
 by the issue of debentures secured by special assessment 
 on the real property benefited by such improvements and 
 works, are nereby declared valid and effectual. 49 V. c. 
 66, s. 22. 
 
 nto. 
 )h 1885.] 
 
 council of 
 
 borrowing 
 ride for the 
 )ments and 
 debentures 
 Hreet Rail- 
 the cost of 
 
 borrowing 
 3cial aa^ess- 
 
 works, are 
 rs, 8. 4. 
 
 > 50 Viot. o. 71 (Ont) 
 ^' An Act respecting the City of Toronto. 
 
 [Assented to 2Srd April, 1887.] 
 
 2. All by-laws heretofore passed by the said council of By-laws 
 the corporation of the city of Toronto for borrowing <""»**"»«^- 
 money on the general credit of the city to provide for the 
 payment of the city's share of local improvements and 
 works, for borrowing moneys by the issue of debentures 
 secured by special assessments on the Toronto Street 
 Railway Company to provide for the payment of their share 
 of local improvements and works, and for borrowing money 
 by the issue of debentures secured by special assessments 
 on the real property benefited by such improvements and '/^ 
 
 works, and all special assessments made and rates imposed 
 under such by-laws for such purposes are hereby declared 
 valid and effectual. 5U V. c. 7l, s. 2. 
 
 the city debt. 
 
as 
 
 DEBT AND DEBBNTUBE8. 
 
 52 Viot 0. 78 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Assented to 2Srd March, 1889.] 
 
 By-Uwi con- 
 firmed. 
 
 15. All by-laws heretofore passed by the said council 
 of the corporation of the city of Toronto for borrowing 
 money on the general credit of the city to provide for the 
 payment of the city's share of local improvements and 
 works, for borrowing moneys by the issue of debentures 
 secured by special assesAments on the Toronto Street Rail- 
 way Company to provide for the payment of their share 
 of said improvements and works, and for borrowing money 
 by the issue of debentures secured by special assessments 
 on real property benefited by such improvements and 
 works, and all special assessments made and rates imposed 
 under such by-laws for such purposes, are hereby declared 
 
 to be valid and binding upon all parties interested therein 
 or affected thereby. 52 V. c. 73, 
 
 s. 1.5. 
 
 54 Viot. 0. 82 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Assented to Uh May, 1891.] 
 
 Certain 
 by-lawB 
 confirmed. 
 
 14. All by-laws heretofore passed by the^ council 
 of the city of Toronto for borrowing money on the general 
 credit of the city, to provide for the payment of the city's 
 share of local improvements and works, for borrowing 
 money for the issue of debentures secured by speciu 
 assessments U[:on the property of the Toronto Street Rail- 
 way Company, to provide for the payment of the cost of 
 the said compan3''s share of local improvements and works, 
 and for borrowing money for the issue of debentures 
 secured by special assessment on the real property bene- 
 fited by such improvements and works, and all special 
 assessments ^ade and all debentures is.sued or to be issued 
 thereunder are hereby validated and confirmed. 54 V. 
 c. 82, s. 14. 
 
889.] 
 
 DEBT AND DEBBNTURKS. 
 
 65 Vlot a 90 (Out) 
 An Act respecting; the City of Toronto, 
 
 [Aaaented to lUh April, 1892.] 
 
 68 
 
 council 
 irrowing 
 a for the 
 sntB and 
 bentures 
 eet Rail- 
 eir share 
 g money 
 essmenta 
 jnts and 
 imposed 
 declared 
 d therein 
 
 6. All by-laws passed by the council of the said city Certain by- 
 since the 4th day of May, 1891, and before the 3l8t day l.aw« oon- 
 of December, 1891, for borrowing money and all doben- ''"""• 
 tures issued or to be issued thereunder, and all special 
 assessments made for th<^ payment of such debentures, are 
 hereby validated and contirmed. Provided, that nothing 
 herein contained shall apply to any by-law in respect of 
 which any proceedings have been taken to set aside or 
 quash the same, and nothing contained herein or in the 
 Act passed in the 54th year of Her Majesty's reign, and 
 chaptered 82, shall affect any action or proceeding now 
 pending. 66 V. c. 90, s. 6. 
 
 ito. 
 1891.] 
 
 le^ council 
 he general 
 
 the city's 
 borrowing 
 )y special 
 treet Rail- 
 the cost of 
 and works, 
 debentures 
 erty bene- 
 
 all special 
 be issued 
 od. 54 V. 
 
 56 Vict. o. 85 (Out.) 
 An Act respecting the City of Toronto. 
 
 [Aaaented to 27th May, 1893.] 
 
 8. The by-laws of the corporation of the city of Toronto Certain by- 
 specified in schedule " B " hereto, and all debentures issued 1»W8 Con- 
 or to be issued thereunder, and all assessments made for *"'™®"- 
 payment thereof, are hereby validated and confirmed. 66 
 V. c. 85, 8. 8. 
 
'WTW^WW 
 
 DEBT AND DBHENTURIM. 
 
 3 
 i 
 
 o 
 
 00 
 
 St 
 
 •s 
 
 I 
 
 s 
 
 .a 
 
 60 
 
 a 
 
 > 
 
 I, 
 
 ■ 
 
 I 
 
 
 »< 
 
 Mt 
 
 «2<C 
 
 
 I 
 
 1^ 
 
 I 
 
 6s 
 
 8 
 
 9 
 
 I I i 
 
 s 
 
 I 
 
 n 
 
 «8 
 
 *jequin^ 
 
 I 
 
 a 
 
 (Sill 
 S's is 
 
 g o S a 
 O 
 
 a a 
 2 5 
 
 .^rc-a 8 
 
 .i -s 5 -2 a 
 
 ** a.2 2 <« 
 a «>- « 
 
 H 
 
 f 
 
 I 
 
 t 
 
 I 
 f 
 
 r 
 
 o o o « 
 
 HH 
 
 Ji|| 
 
 0) -^ CO ao 
 
 if o § > is •£ 
 3 SP^'S - — 
 
 ^1- 
 
 41-211 
 
 ^1 i p 
 
 8 
 
 I 
 
 3 
 
 I 
 
 i 
 
 » e.3^ a 
 S go's S 
 
 >.a-S'- ® * 
 
 a ^i^nt^ 
 
 m3 "^ "*^ 
 
 b-S a' 
 
 «;■ tea uJ^ 
 
 Pllll 
 
 g 2 csw^ a 
 
 Eh 
 
 a 
 a 
 
 1 
 
DEBT AMD DKBKNTirRIt). 
 
 6» 
 
 »t 
 
 »< 
 
 >>( 
 
 H 
 
 M 
 
 M 
 
 i i 
 
 III i 
 
 t 
 
 ^ 
 
 \s 
 
 8 
 
 SI 
 
 s 
 
 i 
 
 1 
 
 1 
 
 S 
 
 1 
 
 s 
 
 r 
 I 
 
 9 
 
 6 
 
 '•*' i 
 
 I 
 
 S 
 
 sffa 
 
 S V M 
 
 I 
 
 ^J 
 
 I 
 
 £0-5; 3 
 
 
 I 
 
 I 
 
 I-t 
 
 } 
 
 fe S>S! ►» 
 
 -•4 
 
 Ml 
 
 
 r 
 
 4 
 
 I 
 
 I 
 
 i 
 
 I 
 I 
 
 
 ^ 
 
 , a 
 
 '•s 
 
 •^eSs 
 
 o o 
 
 
 ^■£'3 a » S 
 
 mm 
 
 a 
 
 55 
 
 o « e a 
 a -•a o 
 
 
 j3 w 
 
 >>^a a.S 
 
 1^ *4 P) 
 
 60' 
 
 " tB a -» -s 
 
 S- a§ a.|5; 
 
 ^ 
 
 o « M O 
 
 •2 ^ ^ 
 . -. o j^ 
 
 H ^ 
 
 6 
 H 
 
 5J 
 
 
 §5 
 
 1 J 
 
 U fS 
 
 .a « § g 
 
 '^ - a at > 
 
 >»« " a 2 
 
 i^m 
 
 •|I.S|(2 
 ^ * »j * 
 
 O -M ■» 43 
 K ^' o »^ 
 
 § 
 
 Ss"-S 
 
 4) 
 
 o 8 ag 
 
 ti i> ^ 
 
 I 
 
 I I |i I 
 
 Uih uiu uin ni 
 
 *3 
 ifi||.a 
 
 •^ieS a a 
 
 •sti 
 
 I1|I 
 
 a>« 
 5fe 
 
 Eh 
 
 i 
 
 i!ll 
 
 5t a -^ 
 ^* J 2 a 
 
 pill 
 
 JiU' 
 
66 
 
 DEBT AND DEBENTUBES. 
 
 8 
 
 (3 
 
 a 
 
 I 
 
 a 
 
 -ai JO a)«^ 
 
 II 
 
 'U 
 
 
 
 
 s^ 
 
 »:? 
 
 5< 
 
 
 I 
 
 I 
 
 
 s 
 
 li 
 
 1 
 
 ^i 
 
 -I 
 
 
 
 M 
 
 I 
 
 ■J8quinj«{ 
 
 r.'i 
 
 i 
 
 I 
 
 S< 
 
 r 
 
 3 
 
 ■■■9 
 
 
 M 
 
 a 
 
 
 
 o g s J Js 
 
 60.3 4> *** S 
 
 13 
 
 "• a> a « <g 
 
 -^ ^ GO 
 
 a JS fc< 
 
 M).a "3 •« fe 
 
 O u Q> 'M 
 
 o a. 
 
 o 
 
 4) 
 
 <a i' ^ 
 
 -" o.t! et 6 
 
 in 
 
 H 
 
 •2 « -e -s I 
 
 ^ S o « a 
 fci a H '-^ 
 
 a— o" t^Ts 
 Pit 
 
 .3^3 .a goo 
 
 Hill 
 
 
 W - K w 
 
 o 
 
 
 ^ 
 
 I 
 
 I 
 
 ^ 
 
 o 
 
 f2 
 
 S 
 
DEBT AND DEBENTURES. 
 
 67 
 
 X 
 
 8< 
 
 ^? 
 
 I 
 
 
 o 
 
 >% 
 
 o 
 
 s 
 
 s 
 
 3 
 
 8 
 
 I 
 
 * 
 
 /^' 
 
 ^ 
 § 
 
 -N 
 
 _ 00 **m 
 
 " O (. * 
 
 f 
 
 I 
 
 a 
 
 i 
 
 00 
 
 •s 
 
 US 
 
 
 .jr fl rt » 
 
 « I 2*2 
 
 S Br* 
 
 ■A tS 
 
 •'00 
 
 § 2 " g^ 
 
 i i - «-« 
 
 •fl rS c« « g 
 H 
 
 f 
 
 QO 
 
 I 
 
 a 
 
 3 
 
 I 
 
 I 
 
 
 _ 2 -a 8 
 •s u o " 5 
 
 a? 01 
 
 ^ 
 
 a 5 
 n 
 
 1^5 
 
 au- _ is 
 3 « 5 fi « 
 
 
 
 
 
 
 
 Mm 
 
 « lu 
 
 I 
 
 I 
 
 r I 
 
 ts SSI'S 
 
 g OS z M-"*" . 
 
 O S o ^ 9) -» 
 
 S a 5 >■ +» 2 
 
 O :».Ji U * - 
 0) — « -S » > 
 
 O g Ji S o<3 » 
 
 Q « W >ii ,0 O i< 
 
 _H 
 
 !P:§"B.a 
 
 -OS'S-- 3 * 
 
 * "-S e ■« "« "S s 
 
 h-i^ 
 
 9 • 
 11 
 
 s ^ "? e 
 
 .a « s S s 
 §2S5§ 
 
 H 
 
 w 
 g 
 
 
 I 
 
 i 
 
68 
 
 DBBT AND DEBENTURES. 
 
 -a| JO 9iv}g 
 
 
 c^ 
 
 
 
 
 ©r 
 
 3 
 « 
 
 of 
 
 00 
 
 
 
 38 
 
 as 
 
 1 
 
 I 
 
 o 
 
 I 
 
 1 
 
 ^ 
 
 n 
 
 O 
 
 00 
 
 .a 
 
 J 
 
 8 3 °rn 
 
 ■g c« 5 O 
 
 !> ~ • S 
 "So ►< 
 
 lie II 
 
 ^ o ° • I, 
 2 10,2 C'S 
 
 ' ce u a -3 
 
 00 
 
 .a" 
 
 
 I 
 
 f 
 
 = 215^^8 
 « s « * «•a• 
 •" «•*, So5 feJS 
 
 o 
 
 c o 
 
 Z 
 
 (U « 
 
 •3 aT 
 S 9> 
 
 fciiTIT" 
 
 
 V < 
 
 i 
 
 W CO M Vi, tw* 
 
 
 
 (U H r^ 
 
 Q to o i-srH 
 H ^ 
 
 •as 
 
 sola §5 
 
 O J -. -= 
 
 o 
 H 
 
 !C5il o 
 
 aa O 
 
 bCcS 
 
 <M OQ ^ 
 
 O S um S3 
 
 O O _ 
 
 (U u S 
 
 '2 ** S § ~ 
 > S g « " 
 
 
 q H n "^ f- « 
 
 "5 *> *» 
 3> u s 
 
 
 a u 
 
 
 ^1 
 
 - - S - B - 
 
 s.s 
 
 4) 
 
 s- s 2 
 
 O O A'S 
 
 O^i-s. 
 
 R c« O 
 
 g"" 3 
 
 HO) 
 
 c « 
 
 g J, £3 4, C. M _ 
 
 2 g g S ""S « I 
 
 Q OQ <«^ v^ 4A <*H -.A f^ 
 
 •J9qinti^ 
 
 i.i 
 
 I 
 
 < \ 
 
>« 
 
 s«« 
 
 DEBT AND DKBBNTURB. 
 
 &< ^s ^s 
 
 ^ 
 
 I 
 
 
 1 
 
 
 
 I 
 
 
 CO 
 
 04 
 
 
 s 
 8 
 
 \ 
 
 I 
 
 
 s 
 
 l-H 
 
 §• 
 
 £ 
 
 I 
 
 I 
 
 '^'p 
 
 
 
 
 • a ■ 
 
 
 
 
 ■■ a ■ 
 
 
 
 
 3 
 
 
 ', ^ 
 
 
 4 O 
 
 
 a 
 
 » 
 
 
 
 > a 
 
 
 = S 
 
 
 ^s 
 
 
 5^ 
 
 - 
 
 
 t 
 
 ^ o 
 
 
 
 ' 
 
 L-S 
 
 
 _ ci 
 
 
 1^ 
 
 
 ) 0} 
 
 
 i5 
 
 
 , B ' 
 
 (U 
 
 i'" 
 
 s 
 
 ^ s 
 
 
 
 1 
 
 1 
 
 
 a 
 
 s 
 
 £i 
 
 :z; 
 
 iiii 
 
 S « d I8 
 60-3 ^ O V, 
 
 IS.^® a 
 
 0-3 ° S!zi 
 
 Q M — 1^ ~^ 
 
 ^11^ 
 
 Ilia 
 
 "^ 9 a> " O 
 
 •S s » g a 
 
 a 2 00 4) 
 fc: " ^ a« 
 
 "3 -a 'S « * 
 o a-2 a «j 
 
 H 
 
 30 
 
 8^ 
 
 oj-jj a a 
 s a <u ja 
 c Q o o 
 
 a 
 
 ag-So 
 
 2 g " S 
 
 IIP 
 ^^^% 
 
 •3 ^ „ o i, 
 
 o o.S 
 
 ^3J 
 
 i- 2 3 
 
 .2 " 8 
 a|-sa,g 
 
 Si3'« 03 a 
 > 2 « '»-^ 
 
 
 > 
 
 ^■ii;i § 
 
 C ki n 00 1» 
 
 iSaigl 
 
 _H 
 
 2l"is 
 
 1*1 §1.1. 
 
 <» a Ji a 
 
 00 
 
 i 
 
70 
 
 DEBT AND DEBENTURES. 
 
 I 
 
 I 
 
 I 
 
 I 
 
 -ni JO «»»a 
 
 
 p^4 
 
 
 J|i 
 
 i 
 
 00 
 
 ae 
 
 ȤS 
 
 ► us 
 
 «5 
 
 s 
 
 3 
 
 lA 
 
 SI 
 
 ^^ 
 
 o 
 
 
 §"2 J 
 
 ^ 
 
 
 ^:^ 
 
 us" 
 
 
 M 
 
 r^ 
 
 s 
 
 ■A 
 
 CO 
 
 e 
 
 00 
 
 I I 
 
 
 
 S £ 00 
 P ® " -. 
 
 & (x . CO 
 
 ni -a 
 
 •a -•* -M 
 
 g a tc-5- 
 
 •u S -■ 0> 
 
 *-S SO 
 
 O fl V . 
 S 3 ^ -M 
 
 oQ q^ 
 
 a A o 
 
 
 00 
 
 OS 
 
 I 
 
 00 
 
 ■s 
 
 a B « 
 " " « 
 
 (0 
 
 s" 
 
 O C4 cd 
 
 "1 Ct;. 
 
 a S 
 
 •s soo e s 
 
 SrOK s 2 
 S « in .g §• 
 
 1^ 
 
 •J. I 
 
 a ~ e d 
 •9 g ^ ^ -s- 
 
 Eh 
 
 .S « c-2 
 
 o S «-^ "^ s 
 ^„ d -Is a ^ 
 
 2 3 ?" d 
 -^i ^ «■- 
 
 o S S£0 
 
 o <mS a> 
 
 .. 00 aj ^ 
 05 " P 
 
 'IT 0) S*'* 
 ■** 50 « S 
 
 ^ g S " g 
 
 o 
 E-t 
 
 s-sjj 
 
 
 
 t» 
 
 1. 1— I'd 
 c 
 
 
 •'^ «OQ,d 
 
 o a " » 
 
 ''— S d S 
 
 -is * 3 
 
 uequin^ 
 
 I 
 
DIBT AND DEDENTUttES. 
 
 71 
 
 ^? 
 
 ^ 
 
 ^ 
 
 >> 
 
 >> 
 
 >» 
 
 o> 
 
 e« 
 
 C<9 
 
 ■* 
 
 <N 
 
 
 ^ 
 
 8 
 
 S 
 
 o 
 
 
 § 
 
 1 
 
 CO 
 
 s 
 
 s 
 
 *1 
 
 
 CO 
 
 00 
 
 !» 
 
 ig^ ■ 
 
 ) .^ -*3 t^ 
 
 ) « s ° 
 3 8 » 
 
 3^ S ° S 
 
 
 
 ?g§i3^| 
 
 3*« & 
 
 (S 
 
 -OS 
 O % A • 
 
 §1" 
 
 I 
 
 fa 
 
 ® « • <u > 
 
 o a njal> 
 
 3 O O -la ^ 
 
 •s a> CQ .a . 
 
 .. d o-e J 
 
 8'" 9 S 
 
 £HsH 
 ill ^3 1 
 
 I 
 
 ^^« = J5 
 
 
 o^-S 
 
 2 " e *3 'c 
 
 f< — O 00 '' 
 
 
 fa's ° "S 
 
 
 04 
 
 O 
 
 y^ * i '' 
 s'i « ^ 1^ 
 
 2 " a*^ S 
 
 ^o S >>o 
 H 
 
 
 
 a 4) 
 
 a) O 
 
 ^^'^ 
 
 5' 
 
 a 
 
 
 S5 = 
 
 ^1=2-: 
 
 '^ c^-S*^ fe 
 
 c 3 
 
 ■»*3 _ _ 
 
 .a o 
 
 (So*?? 
 
72 
 
 DEBT AND DEBENTURES. 
 
 -H} JO »»«a 
 
 ll 
 
 
 
 g-g' 
 
 V 
 
 
 5 
 
 • 
 
 ■e 
 
 
 I 
 
 'w 
 
 •►$ 
 
 $ 
 
 I 
 
 of 
 
 8 
 
 i 
 
 4 
 
 
 S 
 
 ef 
 
 8 
 
 i 
 
 if 
 
 00 
 
 I 
 
 I 
 
 o 
 
 H 
 
 11-9 
 
 o rt S . 
 
 
 « o 
 
 V 
 
 ^1 
 
 « S j> t, 
 ^•^ -"^ 
 
 Q eo 00 I* 
 
 H 
 
 SOT 
 
 qj ' 
 
 U«« O ■• 
 
 3 ®tS d 
 ■*^ — 'C! '3 
 
 a ta " 
 a) ,2 ••^ of 
 
 .S3 u R B 
 
 ** k.'S 9 
 "^ « g « 
 
 M.S fl S 2 
 g 3 ts «5. 
 
 - 60 boa 2 
 
 9 a k^_a 
 
 
 .^ » « o O 
 
 
 I 
 
 
 if 
 
 
 09 ? 
 
 !3 t*)^ a 
 
 ® B 9^ t P S * o fc u 
 
 M « b > S m 
 
 g B O <Sw4S 
 
 
 o 
 
 "2 
 
 2 S ij . 
 
 .2 0-3 * 
 
 •a o • 
 
 « » -f a -S 
 
 *.*.<) g £ 
 
 III"! 
 
 60.2 P «« 60 
 
 a o g o .S 
 
 JJ 60.9 o 
 
 Eh 
 
 'jaqmn^ 
 
DEBT AND DEBENTURES. 
 
 n 
 
 I I ill I 
 
 s 
 
 9 
 
 J8 
 
 S 
 
 9 
 
 s 
 
 I 
 
 
 00 
 
 1^ 
 
 2 a o > 
 
 
 'Jgo 
 
 ^ 
 
 ^ 
 
 I -S. » 5 
 
 1'^ _! 
 
 I 
 
 I I 
 
 2>H-S S 
 a c*?^ 
 
 g*£fe 
 
 ■aS|M 
 
 ^ a " 
 
 ^•^ J? 
 «"- a'^ 
 
 a _ a; . 
 O n ® -w 
 
 'S 'rf * « — -» 
 
 h « S »s S 
 
 -, OQ 00 >^ M 
 
 H 
 
 a-5 "d a 
 a ^ "Z 
 
 g "-gs 
 
 o> a 49 
 •« a $"3 
 
 O o«Jh " 
 
 2 "5 
 
 a a 
 
 
 ^ <o .2 
 
 2, « «S rt^ 
 H 
 
 r^ «"<• 
 
 ff^ CO «8 *«H g 
 
 ri u = 
 
 
 hi 
 
 fSTS^ »a 
 
 n 2 Jj es"" 
 
 2 3^-dl 
 
 H 
 
 III!? 
 
 2-9E g 
 2 2 a * 
 
 •Ms i.s 
 
 5"" S S _ 
 2 h,o o 
 
 «>-- S, a £ 
 
 c 
 
 
 o s 
 
 •S 9 1? O 
 
 H 
 
 .2^811 
 2g-§ 
 
 O * " 
 H 
 
 S5^ 
 
 f 
 
 10 
 
 ws 
 
 ap 
 
 I 
 
74 
 
 DKBT AND DEBENTURES. 
 
 •nj JO a^vg 
 
 1 
 
 
 
 'ij 
 
 ^ •** m^ 
 
 i'^ a 
 
 
 
 I i 
 
 
 
 s 
 
 5 
 
 I 
 
 00 
 
 I 
 
 
 s 
 
 CD 
 CO 
 
 » 
 
 3 
 
 us 
 
 I 
 
 Em 
 
 I 
 
 r r I 
 
 I 
 
 
 If 
 
 s.^ 
 
 i ® a"? 
 
 d'<«T3'« 
 
 3 «» fe 
 
 o 
 
 
 
 
 :t^^| 
 
 a ^ 
 
 AS <u 3 d 
 
 H 
 
 
 tH*^ *^ - Q 
 4> ^ s S 
 
 •I b ^(i 9 
 bos S'O 
 
 ° i s §(2 
 
 •*< « ® fe ,^ 
 
 g a U c4 CC 
 
 H 
 
 s 
 
 s 
 
 'n 
 
 5 
 
 •A 
 
 a 
 
 I 
 
 ^H^ 
 
 i 
 
 « 
 § 
 
 to. 
 
 •jaqiunj^ 
 
 I 
 
DEBT AND DKBBNTURK8. 
 
 76 
 
 a< 
 
 i 
 
 o 
 
 1 
 
 le 
 
 i 
 
 • 
 
 1 
 
 • 
 
 i 
 
 00 
 
 
 ^ 
 
 G> 
 
 9 
 
 S 
 
 8 
 
 i 
 
 1 
 
 ! 
 
 S 
 
 1 
 
 1 
 
 
 
 
 
 mm 
 
 *" 
 
 
 
 • 
 • 
 
 . -■■• ' 
 
 • 
 • 
 • 
 
 • < 
 
 • - ' 
 
 
 
 
 • 
 
 
 ■ ■■• 
 
 « 
 
 • 
 
 
 % 
 
 <» 
 
 9 
 
 3 
 
 8 
 
 1- 
 
 «N 
 
 1 
 
 1 
 
 1 
 
 1 
 
 t 
 
 (5* 
 
 I 
 
 
 2 9 "S 
 bis S fci 
 
 >.« ""S a 
 
 § g gS« 
 
 •rlil^ 
 
 ^ 
 
 4) _ 
 
 Eh 
 
 02 
 
 ■Sg-a 
 
 ■StJ - 
 
 
 O 60 
 
 
 
 ■s 
 
 
 gi 
 
 ill""! 
 
 
 II i I 
 
76 
 
 DEBT AND DKBBNTailBS. 
 
 vv ..-■ 
 
DEBT AND OIBENTURBS. 
 
 77 
 
 i? 
 
 
 I I i J { 
 
 a» 
 
 Si 
 
 >o 
 
 s 
 
 I 
 
 i 
 
 
 
 I 
 
 
 „/'\ 
 
 i 
 
 e 
 
 I 
 
 1 
 
 a 
 
 g' ' 2 o ti 
 0"S ■tS'9 
 
 111-' 
 
 'a 
 - w 
 
 
 i 
 
 15 I 
 
 
 8 3?- 
 H 
 
 S *• 9) 
 
 g^l-SgH 
 fe"^ ? 5o.S 
 
 Mill 
 
 n-g-S 
 q g > 
 
 JI.2 *% 
 a 003 a 
 
 g.l§il 
 
 <■■ (U ^^ '^- 
 
 21 i" 
 
 •? a .^ 
 
 4> ■" 
 
 cj'O 
 - ee 
 
 §i^ 
 
 ^5-^ 
 
 9 S ji ■" .S 
 
 tf S o 
 .2>>|t^a. 
 
 H 
 
 « ° 9 -3 -2 "^ 
 
 a 
 
 a s-gS 
 
 ■gsSg-s^ 
 
 
 
 .a 
 
 42 
 - •*> 
 
 ■a eS 
 
 -sa 
 
 .., ^ a S<*s 
 
 
 
 IS 
 
 o a^ 
 
 a a. a 
 
 C5Q. 
 
 ill 
 
 tcs " 
 
 o" SJJ §•« 
 ""^ 60* «£ 
 
 J, as teO-^ o 
 H 
 
 i 
 
 I i 
 
K^l^ 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 
 € 
 
 
 r/. 
 
 1.0 
 
 I.I 
 
 125 
 
 la 128 
 
 ■^ lU 122 
 1^ US, 12.0 
 
 IL25 11 1.4 
 
 mil 
 
 1.6 
 
 6" 
 
 Hiotographic 
 
 Sciences 
 
 Corporation 
 
 23 WIST MAIN STtilT 
 
 WnSTeR,N.Y. I45S0 
 
 (716)S72-4S03 
 
 m 
 
 \ 
 
 4 
 
 o 
 
 
 w^^^^ 
 
 ^v^ 
 
 ^ 
 
r 
 
78 
 
 DEBT AND DEBENTUBBS. 
 
 -ui }o «)«^ 
 
 3>« 
 
 S^ 
 
 
 I I 
 
 9 n 
 
 o 
 
 
 Hi 
 
 s 
 
 ^ 
 
 ei 
 
 rf 
 
 2 
 
 
 II 
 
 s 
 
 I 
 
 I 
 
 3 
 
 
 O 
 H 
 
 s 
 
 :lr 
 
 ^ 
 
 
 I 
 
 00 
 
 I 
 
 ■jaqutnx 
 
 
 •a 
 I 
 
 Mil 
 
 a cS'm w 
 ^ Sr tt a t> 
 
 ell's ggO 
 
 Q a S eei> 
 H 
 
 • 2 (^ 
 ^§1 
 
 5 a «• 
 
 ,5 g 3 P ® M 
 
 i 
 
 ' / 
 
DEBT AND DEBENTURES. 
 
 79 
 
 
 00 
 
 I 1 i 
 
 ce 
 
 s 
 
 ^ 
 
 s 
 
 f 
 
 8 
 
 !o 
 
 I 
 
 00 
 
 P>4 
 
 s 
 
 s 
 
 S3 
 
 io 
 
 
 1 
 
 g 
 
 S 
 
 § 
 
 1 
 
 
 
 s 
 
 ef 
 
 /■•^ 
 
 
 
 
 
 
 
 
 8 
 
 
 
 
 
 
 S 
 
 
 
 ■ - '-^t'- 
 
 
 
 1 
 
 eo 
 
 ill 
 
 S5 
 
 1^ 
 
 m 
 
 
 Up I 
 
 o •• ^ 
 
 s 
 
 s 
 
 s 
 
 
 
 
 I Mil 
 
 a' " 
 I g 2 -?« 
 
 s 9 S 2 
 1 1 Is -2 
 
 ?; *< S.a'a 
 
 ■S^Ji!; 
 
 fill 
 2 2-! -3 
 
 pit 
 
 a ""^ 
 
 I.: 
 
 o 
 H 
 
 I 
 
 1 
 
 
 
 I'll -9 
 
 ^•i § 8 . 
 
 9) 
 
 b a-! 
 
 s 
 
 •g-S §(23. 
 2 S « SS 
 
 « a « a< 
 
 
 i §F 
 
 If 
 
 t 
 
 I 
 
 1-s.-. 
 
 i M *^ ** . m 
 
 5* 3-3 g s*a 
 
 ^ 
 
 SSS 
 
 i-s 
 
 Sf*Sa 
 
 Ifi 
 
 S »■§ 
 
 00 I. ® 
 
 ^IM 
 
 a 2 «-5 
 
 C a a . 
 *^ 2i '• ^ 
 
 °"»> 2 2 
 
 
 
 I 
 
 i I i 
 
80 
 
 DEBT AND DKSBNTUBKS. 
 
 
 
 
 'i^ 
 
 PI 
 
 5 
 
 9 
 
 
 CO 
 
 CO 
 
 
 fi 
 
 «8 
 
 8 
 
 ^ 
 
 
 s 
 
 t 
 
 
 ss 
 
 fj 
 
 33 
 
 I 2 
 
 .0 
 
 ■ >* 
 
 V 
 
 r o 
 
 <■ H 
 
 'joqmn^ 
 
 
 I 
 
 i 
 
 I 
 
 « 
 
 o 
 
 E 
 o 
 
 8^ 2 « L 
 oQ S.S 5 
 
 ■Z.S t S-2 
 
 
 S_ 9 ■ S 
 
 o 
 H 
 
 IS"* 
 
 .A 
 
 I 
 
 
 ! / 
 
DEBT AND DK^iSNTURKS. 
 
 81 
 
 M 
 
 I 
 
 I 
 
 9 
 i 
 
 8 
 
 8 
 
 i 
 
 I 
 
 M 
 
 I 
 
 i 
 
 111 
 ||^ 
 
 III 
 8».S 
 
 S S S-wf 
 
 (fil 
 
 e «K 
 
 1.2 
 
 S 
 
 a « 
 
 o J- 
 
 11 
 
 
 U)£ 
 
 V o .a -s . 
 
 ■sS.a 
 
 "235 
 
 a u 
 
 >« a o 
 1 1 "a 
 
 1215 J 
 
 — •a s'S a 
 
 •S'SS - 
 
 3>5 
 
 31 -3 
 
 «t «: 
 
 ^ — J< a 2 
 
 a S^ » _ 
 3 gS i I 
 
 II 51^ 
 
 .2 S o > <S 
 
 i-^ a ■•« 
 o V o o <• 
 
 •M A .M a ct 
 
 sg. 
 'J I J3.S 
 
 CO 
 
 CO 
 
Si 
 
 DEBT AND DBBEMTUHtt. 
 
 
 b? 
 
 »< 
 
 
 1"^ 
 
 .2g 
 
 
 i 
 1 
 
 t 
 
 u 
 
 s. 
 
 li 
 
 
 § 
 
 ^ 
 
 ^ 
 
 gs 
 § 
 
 13 
 
 CO 
 
 1 1 I 
 
 w 
 
 
 s 
 
 s 
 
 9 
 
 SI 
 
 8 
 
 
 ^ 
 
 •» 
 
 9 
 
 9 
 
 s 
 
 » 
 
 ■jaqainj{ 
 
 111!? 
 
 a 8 > g a 
 
 I g 8 
 
 is 
 
 s 
 
 CO 
 
 JH 
 
 n 
 
 
 
DIBT AND DIBIMTURn. 
 
 8S 
 
 57 Viot 0. 88 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [AsaenUd to 5th May, 1894.] 
 
 WHEREAS the corporation of the city of Toronto have, PreMnId*. 
 by their petition, prayed for special legislation to 
 confirm the various local improvement by-laws teferred to 
 in schedule " A " hereto ; and whereas no opposition hao 
 been oifered to the said petition ; and whereas it is expa* 
 dient 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 : — 
 
 1. The by-laws of the corporation of tl^e city of Toronto By-Uwi 
 specified in schedule " A " hereto, and all debentures issued ocmfirmed. 
 or to be issued thereunder, and all assessments madq or. to : 
 be made for the payment thereof, are hereby validated ". . 
 and confirmed. 67 V. c. 83, s. 1. . f 
 
 X- 
 
 K 
 
 r_^__r^ 
 
PP" 
 
 mm 
 
 «* 
 
 DIBT AND DKBBNTUBn. 
 
 .B| JO 9m 
 
 •84 
 
 && 
 
 3>« 
 
 S^ 
 
 M 
 
 ^ 
 
 ** 
 
 I I 
 
 I 
 
 i>i 
 
 
 
 
 s 
 
 111 
 
 ^^5 
 
 
 00 
 
 St 
 
 i 
 
 I 
 
 I 
 
 I 
 
 I 
 
 I 
 
 T 
 
 s 
 
 s 
 
 I 
 
 I 
 
 ■d.s "s's'sa "s-s 
 
 i 
 
 g 
 
 JH 
 
 sl 
 
 3 
 
 CO 
 
 § 
 
DKBT AND DBBBNTURBS. 
 
 8< 
 
 ^« 
 
 »« 
 
 s^? 
 
 s-s 
 
 >« 
 
 it i 
 
 8 
 
 ei 
 
 9* 
 
 s 
 
 i 
 
 S 
 
 m 
 
 3 
 
 9 
 
 3 
 i 
 
 S 
 
 I 
 
 iCO" 
 
 li 
 
 CO 
 
 ss 
 
 a 
 
 8 
 
 CO 
 
86 
 
 DEBT ANP pEBENTUBES. 
 
 nMM9 
 
 ■^1 
 
 ae 
 
 I 
 
 s^ 
 
 t 
 
 00 
 
 «5a 
 
 
 
 r 
 
 i 
 
 s 
 
 I 
 
 S 
 
 IIS 
 
 
 s 
 
 O 
 ©f 
 
 ©I 
 
 f 
 
 i 
 
 3 
 
 ^ 
 
 S 
 
 I 
 
 if 
 
 :5 
 
 I 
 
 o 
 
 I 
 
 fl S « S >> 
 
 ."5 s a > 
 
 .a o •^'3 
 
 b 0) O lit? Q 
 
 H 
 
 9 
 
 • ' / 
 
 'iir 
 
 
 ll 
 
 a 2. 
 
 fc, 5 ^ a " » 
 *>° S3 i 
 
 » 
 
 i a J! 
 
 PI 
 
 .3 &•' 
 
 s 4> s s i 
 111 ii 
 
 1 111*1 
 
 2 S *^^ ^ 
 
 ^^ S* O » H fl 
 
 gslli'S 
 
DEBT AND JKBKNTURIS. 
 
 87 
 
 Ijt 
 
 H 
 
 «a' 
 
 tf 1 
 
 3 
 
 s 
 
 
 i 
 
 « 
 
 ft 
 
 S I 
 
 8 
 
 8 
 
 S 
 
 I 
 
«8 
 
 DEBT AND DEBEMTUHKS. 
 
 •«! JO •»«« 
 
 •cf^ 
 
 ^? 
 
 X 
 
 >< 
 
 X 
 
 I 
 
 i 
 
 MS 
 
 
 
 § 
 
 8 
 
 Sf 
 
 
 
 
 •aq e 
 
 «{» 
 
 8 
 
 s 
 
 8 
 
 § 
 
 § 
 
 J- 
 
 
 M 
 
 00 
 
 2 . 
 
 I 
 
 Jf 
 
 I 
 
 
 I 
 
 ST 
 
 I 
 
 11 §i 
 
 d O >, 8 
 
 1*. 2^ S 
 1 8^11 
 
 O «2 P 
 
 ^3*83 
 
 H 
 
 K 
 
 
 
 5* 
 
 JB 
 
 ■gsgr 
 
 OS 5 
 
 So a 
 
 g £ • 2*2 
 
 i "^ B S 
 
 S £-S.§ oce 
 
 S 5*1. 9<— 
 o « ffg'S 
 
 fe»a S ®£ 
 •« § g bT3 
 
 S 8 -2 -S .-2 
 
 1 1^.11 
 
 5 X " S 
 
 
 li 
 
 II 
 
 i-S-g^ 
 
 ss 
 
 I 
 
 H 
 
 8 
 
 CO 
 
 •2 >.» 8 £ 
 
 2 - 
 
 0< 
 
 sijr 
 
 ^ 
 
 
 -SSiH 
 
OUT AMD OEBBMTUKI8. 
 
 »( 
 
 M 
 
 i i i 
 
 3 
 
 f 
 
 8 
 
 I 
 
 i 
 
 3- 
 
 8 
 
 5" 
 
 e'XS e * <3 
 
 
 .9B., 
 
 1 
 
 fir:- 
 
 a 
 
 i • _ ee 
 
 i£. 
 
 
 O h 
 
 2 
 
 
 <0 
 
 i 
 
 vTS * >- S 
 
 8 
 t 
 
 i 
 I 
 
 } 
 
 i 
 
 
 I 
 
 •B O O « -^ 
 
 
 ''lid 
 
 41 ip 
 
 
 •2? fi 5"^ 
 
 iS 
 
 Sus a 
 
 *• « -2 jS •= *S 
 H 
 
 
 •S.S e« *^ ' 
 
 .§MH I a «-g 
 « V X •••5 s 
 
 ^ ii ID 
 
 *i 
 
 
 
 
 eS 
 
 -^S^ 
 
 I"- 
 
 — H M W 
 
 a. 
 o 
 
 l-SII^S:! 
 
 3 
 
 CO 
 
 s 
 
 <<9 
 
 12 
 
90 
 
 DEBT AND DEBENTURES. 
 
 
 11 
 
 
 
 
 r :*■ 
 
 ce 
 
 •I 
 
 n 
 
 3 
 i 
 
 -'/ 
 
 o-S-g 
 
 •2 
 
 a 
 
 6 
 
 I 
 
 I 
 
 3 
 
 
 s 
 
 s 
 
 4»S 
 
 s 
 
 s 
 I 
 
 i 
 
 00 
 
 I 
 I 
 
 I 
 
 'if Sill 
 
 •t^ (S 43 p^^ 
 
 I 5 M 
 
 S:§ 
 
 
 
 V V si ->' 3 
 
 i^ « S s 
 
 |B-gcgg 
 •^ " a S . 
 
 2 « ■ S3 S 
 
 -g «^ 
 
 c g •*» 
 
 i 
 
 I 
 I 
 
 1^1 
 
 ■a.S'o — 
 
 J|S| 
 
 « fc « ^ 
 
 11 
 
 -.a 
 
 "5 05 -3 
 
 1 g «.(S 
 
 
 
 2 *! « O - * 
 
 § 2 * S.2 I 
 
 s» &S n « S 
 
 s . 
 
 ill : § 
 
 
 CO 
 
 s 
 
 s 
 A 
 
DEBT AND DEBENTURES. 
 
 01 
 
 
 I I 
 
 •A 
 
 s 
 
 s 
 
 I 
 
 I 
 
 o 
 
 3 
 
 s 
 
 ^ 
 
 s 
 
 I 
 
 \ 
 
92 
 
 DEBT AND DEBENTURI£8. 
 
 ■m JO avrs 
 
 1* 
 k 
 
 
 
 
 I i 
 i > 
 
 o S 
 
 s 
 
 I 
 
 I 
 
 
 t 
 
 o 
 
 «? 
 
 ©♦ 
 
 8 
 
 S 
 
 a" 
 
 «8 
 
 04 
 
 
 8 
 
 8 
 S 
 
 3' 
 
 00 
 
 i 
 
 e6 
 
 I 
 
 « 
 
 s 
 s 
 
 •-9 
 
 ^ 
 
 •i 
 
 ^ 
 
 O 
 
 H 
 
 M 
 
 H 
 
 o 
 
 
 9 «ii s 
 
 
 j.sisjs's|fl«5li8o 
 
 lOiMo|-s|j|i 
 t1 i^ll5i?l-«l 
 
 i 
 
 3> 
 
 s 
 
 <1 
 
 ;j4 £ 
 •a X c**"* 
 
 (SlJsg 
 
 o o o 'Si S^c 
 
 •H 8 >».§ p. >, 
 
 » 5 S _p 13 
 
 s 
 
 
 
 ^ 
 
 
 00 
 
 m 
 
 s 
 
\ 
 
 Sip 
 '"111 
 
 8 9 
 5U00 
 
 
 
 60 
 
 
 DEBT AND DEBENTURES. 
 
 m 
 
 i 
 
 00 
 
 
 i 
 I 
 
 s 
 
 00 
 
 I 
 O 
 
 •E 
 Si 
 
 u 
 
 O 
 
 00 
 
 i 
 
 9 
 
 a 
 
 1-9 
 
 5 o «> S 
 
 § « 8 1 
 
 
 S S u 
 
 V S d 
 
 u a o 
 
 la s ts 
 
 BBS 
 
 S B a 
 
 C b Q O 
 
 •sa-s 
 
 a « 
 
 GO- o 
 
 |.Sil 
 
 *'-S S^ * B'S 
 
 b a = "ft -B 5 » 
 
 
 ■?bs| " 
 
 •Stl 
 
 o a « 
 
 •Bs 
 
 8.1"^ 
 
 25-51 
 
 Q B B_ 
 
 II 
 
 
 B 5^9 " '"'?^ B 
 
 js.sg'isii^ 
 
 «.S 3 ^ 3 * 
 r i'^T o ee « JO 
 
 
 0.0. 
 
 (to 
 
 
94 
 
 DEBT AND DEBENTUBES. 
 
 3. OONSOLIDAnON OF 0IT7 DEBT. 
 
 19 Vict. 0. 5. 
 
 An Act to authorize the City of Toronto to nego- 
 tiate a loan of one hundred thousand pounds 
 to consolidate a part of the City debts. 
 
 [7th October, 1862.] 
 
 Effete. 
 
 r 
 
 22 Vict. o. 71. 
 
 An Act to authorize the City of Toronto to issue 
 Debentures for redeeming some of their out- 
 standing debentures, for which no sinking fund 
 has been provided, and for other purposes. 
 
 [Assented to 4ith May, 1859.] 
 
 Efete. 
 
 24 Viot. 0. 54. 
 
 An Act to enable the City of Toronto to issue De- 
 bentures for two hundred thousand dollars, 
 and to consolidate the Public Debt of the City. 
 
 [Assented to ISth May, 1861.] 
 
 c 
 Preamble. "IITHEREAS the council of the corporation of the city 
 M of Toronto, have, by their petition, pniyed that 
 power may be given them to issue debentures, to an 
 amount not exceeding two hundred thousand doUars, for 
 the Tivrpose of meeting the floating liabilities of the city, 
 and also, power to provide fo'* the consolidatirxi of the de- 
 benture debt cf the city ; and whereas it h expedient to 
 grant the prayer of the said petition : 
 
 , Therefore Her Majesty, by and with the advice and 
 
 consent of the Legislative Council and Assembly of Canada, 
 enacts as follows : 
 
DEBT AND DKBBNTURES. 
 
 95 
 
 1. It shall and may be lawful for the said council to Corpontioii 
 issue debeutnres under the seal of the said city of 1^o-|^^^"q 
 ronto, to an amount not exceeding two hundred thousand debe'uturea, 
 dollars, provided such debentures are redeemable within et°- 
 ten years from the passing of this Act, by instalments 
 of twenty thousand dollars annually, with the interest 
 on the balance remaining due ; but no one debenture shall Proviao. 
 be issued for a smaller amount than one hundred dollars. 
 24 V. c. 54, s. 1. 
 
 2- It shall and may be lawful for the said council to and 18,400,- 
 consolidate the debentura debt of the said city, by the ^ '"J deben- 
 issue of debentures to the amount of two million four gUi^'^^^t^Q J^j|[|^ 
 hundred thousand dollars, payable at the end of fort^ City debt 
 years from the passing of this Act, and bearing such inter- 
 est, payable half yearly, not exceeding six per cent, per >^ /-. 
 annum, as can be i^reed upon ; such issue of debentures ^ '^y 
 
 to be made for the redemption of all debentures outstand- 
 ing at the passing of this Act, and foi no other purpose 
 whatsoever. 24 V. c 54, s. 2. 
 
 3. The debentui'es to be issued under the next preceding Form, etc., of 
 section of this Act, sh^l be made payable at such place or debentures, 
 places, either in this Province or elsewhere, and in sterling 
 
 or provincial currency, as the corporation shall deem 
 proper, ai:d shall in the by-law or by-laws direct 24 V. 
 c. 54, s. 3. 
 
 4. The by-law or by-laws, authorizing the issue, shall Special rate 
 provide for the raising of such a yearly special rate, as will *** ^. '""ix*"*** 
 be required to pay the yearly interest ftud such a yearly fund." "** 
 instalment or proportion of the principal sum, according 
 
 to the number of years the debentures have to run, as 
 (invested at compound intei'est) will be sufficient to pay off 
 the principal sum when it falls due. 24 V. c. 54, s. 4. 
 
 fi. The annual amount so raised by assessment ahall. Investment of 
 after the payment of the interest, be invested in such P'"''?®®"*' °' 
 manner as the Governor a Council shall approve ; butit*"° " 
 shall at all times be lawful to apply any portion of the 
 said investment in the purchase of the delxmtures author- 
 ized to be issued under this Act 24 V. c. o4, s. 5. 
 
 6. The debentures shall, when executed and completed. Application 
 be deposited with the chamberlain, and the same and the proceeds of 
 proceeds thereof, shall be applied in the redemption of the ' ® «'»*"•*'• 
 debentures herefoie issuev by the city, and referred to 
 in the second section of this Act, and for no other purpose 
 whatsoever; and any member or officer of the corpora- ^^g*p^j^^ 
 tion misapplying tlie new debentures, or applying thetion. 
 proceeds tnereof for any other purpose than as provided 
 for in the second section of this Act, shall lie guilty of a 
 misdemeanor, and be liable to be punished by fine and im- 
 prisonment 24 V. c. 54, 8. 6. 
 
96 DEBT AND DEBENTURES. 
 
 Exohangs of 7. The corporation may, in the same or any other by- 
 debentarM. ^^ ^j. ^jy.i^^g^ authorize the exchange in this Province, 
 or elsewhere, of the debentures of the city already issued, 
 upon such terms as may be agreed upon between the cor- 
 poration and the holders of such debentures ; Provided 
 always, that tho new debentures be not negotiated or 
 exchanged at a I' 'ver rate than par. 24 V. c. 54, s. 7. 
 
 Acooantato g. The chamberlain, or his assistant or deputy, shall 
 «n wSh*'"^'' render a detailed account, in writing, under oath, to the 
 council, once in every month in which any such debentures 
 have been iiisued, stating, first, the numbers of debentures 
 so issued ; secondly, their respective amounts and dates ; 
 and, thirdly, the time when and to whom the same were 
 respectively delivered ; the oath may be made before a 
 Before whom commissioner for taking affidavits in either of the superior 
 courts of common law, or in the Court of Chancery at 
 Toronto. 24 V. c. 54 s. 8. 
 
 ■worn. 
 
 How to be 
 poblished. 
 
 Pnblic Alt. 
 
 9. The account so r^^ndered shall be published in some 
 public newspaper in Toronto, for one week next after the 
 delivery of the account of the council. 24 V. c. 54, s. 9. 
 
 10* This Act shall be deemed a Public Act 
 s. 10. 
 
 24 V. c. 54 
 
 35 Viot. o. 76 (Ont.) 
 
 An Act to consolidate the Debenture Debt of the 
 City of Toronto. 
 
 [Assented to 271(1 March, 1872.] 
 
 Prenmblc "IXTHEREAS, the corporation of the city of Toronto 
 
 TT have, by their petition, represented that it would be 
 
 conducive to the welfare and interest of the said city, as 
 
 well as greatly facilitate their financial arrangements, to 
 
 place the debenture debt of the city of Toronto on a 
 
 more satisfactory basis ; And whereas the debt of the city 
 
 on the thirty -first day of December, one thousand eight 
 
 hundred and seventy-one, as represented by debentures 
 
 ' outstanding and in course of negotiation, for purposes 
 
 which have received the sanction of the ratepayers, is 
 
 twj million nine hundred and fifty-three thousand and 
 
 sixty-seven dollars and sixty-three cents ; And whereas, it is 
 
 . " deemed desirable to redeem, with a portion of the present 
 
 sinking fund, city of Toronto debentures (as hereinafter 
 
 stated), amounting to two hundred and thirty-one thous- 
 
DEBT AND DBDBNTUBE8. 
 
 97 
 
 eight 
 
 and one hundred and Hixty-Hix dollars and sixiy-Mven 
 cents, thus reducing the debt of the said city to two mil- 
 lion seven hundred and twenty-one thousand nine hundred 
 dollars and sixty-one cents; And whereas, the delientures 
 issued for common school and local improvement pur- 
 pones, amount to one hundred and sixty-nine thousand 
 seven hundred and thirty-four dollars and eighty-five 
 cents, which deducted from the former sum of two million 
 seven hundred and twenty-one thousand nine hundred 
 dollars and sixty-one cents, would leave a sum of two 
 million five hundred und fifty-two thousand one hundred 
 and sixty-six dollars and eleven cents, which snid sum 
 become.) due and is payable ns follows : < 
 
 1872 313.670 00 
 
 1873 8,340 00 
 
 1874 20,200 00 
 
 1875 37,800 00 
 
 1876 537,217 76 
 
 1877 96,360 00 
 
 1878 323,973 34 
 
 1879 106,296 67 
 
 1880 200,838 34 
 
 1881 97,826 66 
 
 1882 42,620 00 
 
 1883 34,500 00 
 
 1884 63,266 67 
 
 1885 229,706 67 
 
 1889 400,000 00 
 
 1890 100.000 00 
 
 1891 239,650 00 
 
 $2,552,166 11 
 
 '% 
 
 And whereas it is desirable to issue, sell, or dispose of 
 debentures to the amount of two million five hundred and 
 fifty-two thousand one hundred and sixty-six dollars and 
 eleven cents, to enable them to redeem the aforesaid 
 debentures which are now outstanding or .in course of 
 negotiation ; And whereas, it is also desirable that the 
 corporation of the city of Toronto, should be empowered 
 to establish a sinking fund upon the terms in this Act con- 
 tained, for the redemption of such new debentures, and to 
 apply the present sinking funds as hereinafter stated ; 
 And whereas it is expedient so to grant : 
 
 Therefore Her Majesty by and with the advice and con- 
 sent of the Legislative Assembly of the Province of 
 Ontario, enacts ns follows : — 
 
 1. The corporation of the city of Toronto, may from The conon- 
 time to time, pass a by-law or by-laws, under the terms ^""^^j**^"" 
 and conditions hereinafter provided, for authorizing the debentures 
 13 
 
98 
 
 DEBT AND DEBKNTURE8. 
 
 for 12,552, • 
 160.11. 
 
 Nat' I. of de- 
 bentures to be 
 iuaed. 
 
 Form of de- 
 benture. 
 
 issue of debentures of the said city, to an amount not 
 exceeding in the whole the sum of two million five hun- 
 dred and fifty-two thousand one hundred and sixty-six 
 dollars and eleven cen^s, or raising by way of loan upon 
 the credit of such debentures from any person or pei*son.s, 
 body or bodies, |:x)litic or corporate, either in Canada, 
 Great Britain, the United States of America, or elsewhere, 
 who may be willing to lend the same, a sum of money not 
 exceeding in the whole the sum of two million five hundred 
 and fifty-two thousand one hundred and sixty-six dollars 
 and eleven cents, of lawful money of Canada, to redeem 
 the debentures in the preamble to this Act mentioned. 35 
 V. c. 76, s. 1. 
 
 2' The debentures so to be issued, shall be debentures of 
 the corporation of the city of Toronto, and such of the 
 said debentures as may be required to be issued from time 
 to time, in order to redeem debentures falling due, and may 
 be issued in the year preceding tlie maturing of the said 
 last mentioned debentui es ; and the . said debentures shall 
 be payable within- twenty-one years from the day of the 
 date of the respective issues thereof, at any place in 
 Canada, Great Britain, the United States of America or 
 elsewhere, and may be expressed in . sterling money of 
 Great Britain or currency of Canada, or the United States 
 of America ; and such debentures shall be in sums of not 
 less than one hundred dollus Canadian currency, or twenty 
 pounds sterling. 35 T. c. 76 s. 2. 
 
 3. The said debentures shall be under the common seal 
 of the said city, and signed by the mayor and counter- 
 signed by the chamberlain of the said city , and may be 
 in form " A" in the schedule to this Act, or as near thereto 
 as the corporation may find convenient according to the 
 places where and the money in which the same are made 
 payable. 3.5 V. c. 76, s. 3. „ 
 
 Coupons for 4. Coupons shall be attached to the said debentures for 
 Mterest'" *^® payment of the interest thereon, and such interest 
 shall be payable half-yearly on the first day of the months 
 of January and July in each and every year, at the places 
 mentioned therein, and in the coupons attached thereto, 
 and such debentures may bear interest at the rate of five, 
 six, or seven per centum per annum. 35 V. c. 76, s. 4. 
 
 5. The said debentures and any and all moneys arising 
 an8ing"there therefrom shall be applied by the said corporation in the 
 from how to redemption of the debentures of the city of Toronto, 
 be applied, mentioned in the preamble to this Act, and in no other man- 
 ner and for no other purpose whatsoever. 35 V. c. 76 s. 5. 
 
 ^** J^'.P^y- 6- For the payment of the interest on the said deben- 
 ^en (» m r- ^y^^j,^ there shall be annually raised, levied, and collected 
 
 Debentures 
 and moneys 
 
DKBT AND DEBENTURES. 
 
 99 
 
 it not 
 ) hun- 
 ty-Hix 
 upon 
 jiTsons, 
 ana.da, 
 where, 
 ey not 
 iindred 
 dollars 
 redeem 
 id. 35 
 t 
 
 iures of 
 I of the 
 )in time 
 ,nd may 
 bhe said 
 'es shall 
 J of the 
 )lace in 
 lerica or 
 loney of 
 ;d States 
 3 of not 
 r twenty 
 
 non seal 
 counter- 
 may be 
 thereto 
 cr to the 
 are made 
 
 tures for 
 
 interest 
 
 e mtmths 
 
 ihe places 
 
 d thereto, 
 
 e of five, 
 
 .4. 
 
 ya arising 
 ion in the 
 
 Toronto, 
 ther man- 
 
 c. 76 s. 5. 
 
 Ad deben- 
 i collected 
 
 r, 
 
 / 
 
 by the said corporation, upon thu whole of the then rat- 
 Aole or assesstiDte property of the said city, a rate of 
 80 much on the dollar as shall be required to discharge 
 the interest on the amount represented by the debentures 
 issued by the said corporation, under the authority of this 
 Act,whether or not they or any of them have been redeemed 
 with .sinking fund moneys by the .said corporation before 
 maturity, until the said principal and interest shall have 
 become due and is fully paid and satisfied. 35 V. c. 76, s. 6. 
 
 7. From and after the first day of April, one thousand Sinking fund, 
 eight hundred and .seventy-two, until : he first day of April, 
 
 one thousand nine hundred and twelve, inclusive, it snail 
 be incumbent on the said corporation, in addition to the 
 interest, to provide yearly the sum of twenty-five thous- 
 and five hundred and tw*>nty-one dollars and sixty-six 
 cents, until the debentures Issued under the authority of this 
 Act, are fully paid or satisfied, as and towards a general 
 sinking fund of one per cent, for the purpose of paying 
 the principal of the said debentures, and to impose a suffi- 
 cient rate or rates for that purpose in addition to the other 
 rate or rates from time to time imposed under this Act. 35 
 V. c. 76, s7. 
 
 8. The said Corporation shall have power to appropriate Power to ap- 
 the sura of two nundred and thirty -one thousand oi^e tioTorthe*"' 
 hundred and sixty-six dollars and sixty-seven cents of the prerent sink- 
 umount now standing on the books of the said corporation ing fund of 
 to the credit of the sinking fund in the redemption of the *^® corpora- 
 outstanding consolidated loan debentures, (issued in the 
 
 year one thousand eight hundred and fifty-two), and which 
 maturing on the first day of October, in the year one 
 thousand eight hundred and seventy-two, and the said 
 corporation shall have power to carry the balance then 
 remaining to the credit of the present sinking fund 
 accounts to the credit of the new sinking fund account 
 established by this Act for the redemption of the principal 
 of the debentures to be iss."ied hereunder. 35 V. c. 76, s. 8. 
 
 9. 1'he said corporation shall have power at any time to Investment 
 invest any moneys standing at the credit of the .sinking ^^ «"king 
 fund created under this Act, in the redemption of the out- 
 standing debentures of the said city, authorized to be 
 redeemable by the debentures Issued under this Act, or in 
 
 the redemption of the debentures issued under the author- 
 ity of this Act; and no such moneys of the sinking fund 
 created l)y this Act shall be invested in securities other 
 than the said debentures, without the sanction of the 
 Lieutenant-Governor in Council. 35 V. c. 76, s. 9. 
 
 10. All discounts on debentures purchased by the said Certain funda 
 corporation as a sinking fund investment shall be placed *^ ^ P^^* 
 
100 
 
 DBBT AND DEBENTURES. 
 
 ".'*''• ■?'' . ^ ^^6 credit of the Hiiiking fund account ; and should the 
 un tog fond. ^^ corporation redeem any of its outstanding debentures 
 as in the last section nietilioned, before maturity, the cor- 
 portion shall nevertheless continue to provide the interest 
 on all its unmatured debentures, and the interest on such 
 debentures as may be held by the corporation on account 
 of the sinking fund, shall te, as the said interest matures^ 
 placed to the credit of the said sinking fund account. 35 
 V. c. 76, s. 10. 
 
 ^nWng famj U. 'f he said sinking fund rate or annual sum of twenty- 
 outof the^wt ^^® ^''""^*"'^ ^^® hundred and twenty-one dollars and 
 moneya paid sixt3'-six cents, shall be placed to the credit of the sinking 
 annually to fund by the chamberlain of the s»iid city out of the first 
 city- moneys paid to the chamberlain in each year by the col- 
 lectors of taxes or by the taxpayers of the said city, and 
 such sinking fund moneys shall on no account be used or 
 applied by the said coiporation or chamberlain for any 
 other purpose than those authorized by this Act. 35 V. c. 
 76, s. 11. 
 
 Expensei of 12. AH expenses attending the sale or negotiation of the 
 °^f^g^^.°°^ debentures issued under this Act, and all discounts thereon, 
 turcB. if any, shall be paid out of the general revenue of the 
 
 said city in such year in which the said debentures to be 
 
 redeemed mature. 35 V. c. 76, s. 12. 
 
 By-la'.,8 need 13. The by-law or by-laws of the said corporation 
 ""i ^ k"'*" passed under the authority of this Act, shall not require the 
 
 assent of the electors of the said city, before the final 
 
 passing thereof. 35 V. c. 76, s. 13. 
 
 ted to by 
 electors. 
 
 Irregtilarity 14. No iiTcgularity in form of the saic debentures or of 
 in debentures the by-laws authorizing the issuing thereof, shall render 
 not to Invali- *^^® same invalid or illegal or be allowed as a defence to 
 date them, any action brought Hgainst the said corporation for the 
 recovery of the amount of said debentures and interest or 
 any or either of them or any part the ^of. 35 V. c. 76, s. 14. 
 
 SCHEDULE. 
 Form "A." 
 
 No. 
 
 Consolidated Loan Debentuhe. 
 Province of Ontario. 
 City of Toronto. 
 
 Stg. 
 
 Under and by virtue of the Act passed in the 35th year 
 
 of the reign of Her Majesty Queen Victoria, and chaptered 
 
 , and by virtue of by-law No. of the Cor- 
 
DEBT AND DBBENTURKH. 
 
 101 
 
 poration f f tho citv of Toronto, passed under the powers 
 contained in the snid Act ; 
 
 The corporation of the city of Toronto, promise to pay 
 the bearer at , in tho sum of 
 
 pounds sterling, on the day oi , A.D., 
 
 and the half-yearly coupons hereto attached, as the 
 .same, shnll severally become due. 
 
 [L.S.] A.B. 
 
 Mayor. 
 
 CD. 
 35 V. c. 7G Sched, Chamberlain. 
 
 /•■, 
 
 42 Viot. 0. 75 (Ont.) 
 
 An Act respecting the debenture debt and certain 
 property of the City of Toronto 
 
 [Assented to 11th March, 1879.] 
 
 WHEREAS the corporation of the city of Toronto Preamble, 
 with the consent of the citizens, have, by their 
 petition, set forth that the rapid growth and progress of 
 the city during the la.st few years, and the extensive 
 public improvements effected in connection with the same, 
 purticularly in the matters of water supply, fire alarms, aid 
 to railways and other public works contributing to the 
 same have caused a corresponding expansion of the deben- 
 ture debt, and that it will be conducive to the welfare 
 and interests of the city as well as ^Teatly facilitate its 
 financial arrangements, to place the said debenture debt on 
 a more satisfactory basis by a re-consolidation of the same; 
 that the said debenture debt on the thirty-first day of 
 December, in the year of our Lord one thousand eight 
 hundred and seventy-eight (ekclusive of that portion 
 applicable to local improvements), as represented by de- 
 bentures outstanding and in course of negotiation, is five 
 million, nine hundred and seventy-seven thousand, four 
 hundred and fifteen dollars and twenty-seven cents ; that 
 it is desirable to redeem with a portion of the sinking 
 fund (also exclusive of that portion of said sinking fund 
 applicable to local improvements) debentures, amounting 
 to five hundred and thirty-six thousand, three hundred 
 and sixty-three dollars and ninet3'-nine cents, thus reducing 
 the said general debenture debt to five million four 
 hundred and forty-one thousand and fifty-one dollars and 
 twenty-eight cents ; any residue of sinking fund to be 
 applied to the redemption of other debentures as outstand- 
 
102 DEHT AND DKBENTURKa 
 
 ing; that it in expedient that certain expenditures inndc 
 in the year of our LonI one thouHand eight hundred and 
 hcventy-eight, in the light of perninnent improvements, 
 amounting to three liundred and fifty-nine thousand, three 
 hundred and tifty-four dollars and fifty-seven cents, should 
 be added to the said debt by an issue of deltenturcs, wliich 
 will bring the total of the said general «lebt ^ought to Vh) 
 re-consolidated to the sum of hve million eight hundred 
 thousand four hundred and five dollars and eiglity-five 
 cents ; which will mature and become due and be payable 
 as follows : 
 
 ■ 1880 $201,0:13 32 
 
 1881 153,793 34 
 
 1882 101,40(1 06 
 
 1883 34.500 00 
 
 1884 63,206 64 
 
 1885 229,706 93 
 
 1886 40,200 00 
 
 1888 45,000 00 
 
 1889 400,000 00 
 
 1890 100,000 00 
 
 1891 13i,000 00 
 
 1892 109.400 00 
 
 1893 41,000 00 
 
 1894 119,000 00 
 
 1895 322,159 99 
 
 1896 560,117 76 
 
 1897 1,112,033 32 
 
 1898 186,526 66 
 
 1904 600.060 00 
 
 1906 899,846 66 
 
 Total as above $5,441,051 28 
 
 Add as above 359,354 67 
 
 $5,800,405 85 
 
 That the present charges on the said debt, in providing 
 annually the excessive rates of interest and sinking fund, at 
 which the debentures have been from time to time issued, 
 form an item in the annual estimates which is oppressive 
 and burdeneome, and that a re-arrangement of tne debt 
 can be advantageously eft'ected, and issues to replace those 
 outstanding readily negotiated at greatly reduced annual 
 rates ; that it is further desired to place certain limitations, 
 to the future maximum of issue of the said general deben- 
 ture debt, by way of an additional guarantee to the public 
 creditor ; that to enable the issue of debentures to be 
 hereafter made, to be of uniform date as to maturity, it is 
 desired that the city may be relieved from the restrictions 
 placed by statute on debentures issued for school purposes. 
 
mm 
 
 76 
 32 
 66 
 00 
 66 
 
 85 
 
 n'oviding 
 ig fund, at 
 me issued, 
 oppressive 
 the debt 
 (lace those 
 ed annual 
 mitations, 
 ral deben- 
 the public 
 ires to be 
 iirity, it is 
 estrictions 
 1 purposes. 
 
 DKBT AND DEBKNTITRCB. 103 
 
 and that it is desired to nt>g()tinte the dclwntures to bo 
 issued under the proposed ru-conHolidation at long dates 
 extending to forty years ; and whereas the said corpora- 
 lion hnve by theii f<aid petition nskcd for power to sell 
 certain of the lands comprised in certain letterH-pntent 
 Waring date the twenty-first day of October, one thousand , . 
 
 eight hundred and fifty-eight, and whereas it is expedient 
 to gmnt the prayer of the said petition : 
 
 Therefore Her Majesty, by ami with the advice and 
 consent of the Legislative Assembly of the Province of 
 Ontario, enacts as utllows : — 
 
 1. The corporation of the city of Toronto may, from iHua of de- 
 time to time, and as occasion may recjuire, or opportunity '>•"*«'"•. *'y 
 otlers, pass by-laws, under the terms nnd conditions herein-""'**' °°" 
 after provided, for authorizinir the issue of debentures of ,,'\. 
 
 the said city to an amount not exceeding in the whole ' ' ■ 
 
 six millions of dollars, or raising by way of loan upon the 
 credit of such debentures, from any person or persons, 
 body or Ixxlies politic or coj-porate, either in Canada, Great 
 Britain, the United States of America, or elsewhere, who 
 may be willing to lend the same, a sum of money not 
 exceeding in the whole the sum of six millions of dollars 
 oi lawful money of Canada. 42 V. c. 75 s. 1. 
 
 2- The debentures so to be issued shall be known and Designntion 
 designated as the " Toronto General Consolidated Deben- "."•* "Pi'vll' 
 tures," and the siiid debentures and all moneys arising ^^m,, 
 therefrom shall be applied to redeem, as occasion may offer, 
 and as the council of the said corporation from time to 
 time may deem expedient, the outstanding debentures in 
 the preamble to this Act mentioned, and to pay off and 
 extinguish the said sum of three hundred and fifty-nine 
 thousand three hundred and fifty-four dollars and fifty- 
 seven cents for permanent improvements, also in said 
 preamble mentioned, any balance or residue thereof not 
 required for the purposes aforesaid may be applied or 
 expended in improvements of like nature, not being street 
 or like improvements, the whole issue of said debentures 
 authorized io be issued by this Act, being nevertheless 
 limited to the said sum of six millions of dollars, subject to 
 extension only as hereafter mentioned ; and it is hereby Outstanding 
 further enacted that the Toronto water works and the debentures a 
 lands required for the purposes thereof, nnd every matter ^ertafai **" 
 and thing therewith connected, and also the several public property, 
 markets and buildings, fire and police stations, fire alarm 
 telegraphs, the .several public buildings and lands connected 
 therewith, together with all the real estate belonging to 
 the said corporation estimated to be of about the value of 
 five millions of dollars, savs and except the property on 
 the esplanade known as the old pumping engine lot, the 
 lands situate on the south side of Bloor street, the lands 
 on the north side of St. Patrick street, and the east side of 
 
104 
 
 DEBT AND DEBENTURES. 
 
 i 
 
 Huron street, and the lands known as the Clover Hill reser- 
 voir, beinpf parts of the Furniss estate ncquired by the said 
 comoration, and also the property situate on the south side 
 of Cecil street and known as the liowes property, acquired 
 by the said corporation ; and also the lands mentioned in 
 the eighteenth section of this Act, and the other lands 
 mentioned in the letters patent, bearing date the twenty- 
 first day of October, one thousand eight hundred and tifty- 
 uight, together with that other portion of the lands known 
 as ordnance lands recently acquired by the said corpora- 
 tion and being enclosed in the old Exhibition Park ; and 
 also save and except the income derived from all city 
 property, until default shall have been made either in 
 payment of interest or principal of any of the said out- 
 standing debentures ; shall be, and they are hereby 
 
 . / specially charged, pledged, mortgaged, and hypothecated 
 
 as security' for the payment of all and singi, lar the said 
 outstanding debentures, and all and each and every of the 
 holders of the said outstanding debentures above mentioned 
 shall have a preferential lien, pledge, mortgage, hypothec, 
 or privilege on the said lands, water works, and pro- 
 perty appertaining thereto, and all the said several other 
 properties belonging to the said corporation, except as 
 aforesaid, for securing the payment of the said debentures 
 and the interest thereon : Provided that nothing in this 
 Proviso. Act contained shall be deemed or construed to affect or 
 discharge any special lien or charge heretofore created by 
 any Act of Parliament in favour of the holders of any of 
 the outstanding debentures in the preamble to this bill 
 mentioned upon any portion of the lands and property of 
 the said corporation, or the income derived therefrom 
 until said last mentioned debentures shall have been 
 redeemed, purchased or otherwise acquired bj' the said 
 corporation as provided by this Act : Provided always 
 
 Proviso. that it shall be lawful for the said corporation, and they 
 are hereby authorized, notwithstanding the pledge or lien 
 as aforesaid, to sell and convey to any purchaser or )>ur- 
 chaseis, any of the said lands and properties freed and 
 discharged by such sale and conveyance of the said lien or 
 charge, and to exchange the same or any part thereof for 
 other lands and property^ and such lands and property so 
 given in exchange shall be freed and discharged from such 
 lien or charge, and the lands and property acquired in lieu 
 thereof shall be charged as herein mentioned, and the 
 proceeds of any such sale shall be applied and used only 
 or held in trust for the redemption or payment of the said 
 outstanding debentures in the pieamble to this Act men- 
 tioned until the same are fully redeemed or paid. 42 V. 
 c. 75, s. 2. 
 
 Manner of 3. The said debentures, so to be issued, shall be the 
 
 iMuiug de- debentures of the corporation of the city of Toronto, and 
 bentures. , . , ,. ^.^ . .. •' • . 
 
 may be issued from tmie to tune, as occasion may require, 
 
the 
 and 
 lire, 
 
 DEBT AND DEBENTURFS. 105 
 
 and as the council of said corporation may think fit, and 
 in such amounts as the said council may find expedient to / 
 secure advantageous sales, and the said debentures shall be 
 payable within forty years fro n the day of the date of the 
 respective issues thereof, at any place in Canadii, Great 
 Britain, the United States of America, or elsewhere, and 
 may be expressed in sterling money of Great Britain or 
 currency of Canada or the United iStates of America, and 
 such debentures shall be in sums of not less than one 
 hundred dollars currency, or twenty pounds sterling. 42 
 V. c. 75 s. 3. 
 
 4. The said debentures shall be under the common seal Form of de- 
 of the said city, and signed by the mayor and counter- *""'*'"*■• 
 signed by the city treasurer of the said city, and may be 
 
 in the foi'm A in the schedule to this Act, or as near 
 thereto &s the corporation may find convenient, according 
 to the places where, and the money in which, the same are 
 made payable. 42 V. c. 75, s. 4. 
 
 5. Coupons shall be attached to the said debentures forCoupoM and 
 the payment of the interest thereon, and such interest [uj^rest. 
 shall be payable half-yearly, on the first day of the month 
 
 of January and July in each and every year, at the places 
 mentioned therein, and in coupons attachpd thereto, and 
 such debentures may bear interest at a rate not exceeding 
 five per centum per annum. 42 V. c. 75, s. 5. 
 
 6- For the f)ayment of the interest on the said de- i«»te to be 
 bentures hereby authorized to be issued, there shall be jJJeJdfonnT^' 
 annually raised, levied, and collected by the sfiid corpora- terest. 
 tion upon the whole of the then ratable or assessable 
 property of the said city, a rate of so much on the dollar 
 as shall be required to discharge the interest on the amount 
 represented by debentures issued by the said corporation 
 and now outstanding, or debentures issued under the 
 authority of this Act to redeem the same, until the 
 principal and interest of all the said debentures have 
 become due and are fully paid and satisfied, provided that 
 on any such outstanding debentures purchjused before the 
 maturity thereof by the said corporation as an investment 
 under this Act of sinking fund moneys the interest to be 
 so raised shall not exceed five per cent, per annum, any- 
 thing expressed in the said debentures so ptirchiised or 
 the coupons attached to the same to the contrary notwith- 
 standing. 42 V. c. 75, s. 6. 
 
 7. From and after the first day of July, one thousand sinking 
 eight hundred and seventy-nine, until the first day of July,^"''^- 
 one thousand nine hundred and nineteen, inclusive, it shall 
 be incumbent on the said corporation, in addition to the 
 U 
 
loe 
 
 DEBT AND DEBKNTURKS. 
 
 Interest of 
 
 sinking 
 
 fund 
 
 said interest, to provide yearly until the debentures now 
 outst^Amling as aforesaid, and the renewals thereof and the 
 debentures issued under the authority of this Act are 
 fully paid or satisfied, such sum as shall be sufficient to 
 represent and provide a sinking fund of and at the rate of 
 three quarters of one per cent., for the purpose of paying 
 the principal of the said debentures, and to i^'pose a 
 sufficient rate or rates for that purpose, in addition to the 
 other rate or rates from time to time imposed under this 
 AcL 42 V. c. 75, s. 7. 
 
 8. The said corporation shall have power at any time 
 to invest any moneys standing at the credit of the sinking 
 fund created under this Act, in the redemption of the 
 outstanding debentures of the said city authorized to be 
 redeemable by the debentures issued under this Act, or 
 in the redemption of the debentures issued under the 
 Ruthoiity of this Act, and no such moneys of the sinking 
 fund created by this Act shall be invested in securities 
 other than the said debentures without the sanction of 
 the Lieutenant-Governor in Council. 42 V, c. 75, s. 8. 
 
 Disconnt on 
 debentures 
 for sinking 
 fund, and 
 intcrestthere- 
 on to be cre- 
 dited to fund. 
 
 9' All discounts on debentures purchased by the said 
 corporation as a sinking fund investment shall be placed 
 to the credit of the sinking fund account, and should the 
 corporation redeem any of its outstanding debentures as in 
 the last section mentioned, before maturity, the corpora- 
 tion shall nevertheless continue to provide the interest on 
 all its unmatured debentures ; and the interest on such 
 debentures as may be held by the corporation on account 
 of the sinking fund, shall be, as the said interest matures, 
 but at a rate not to exceed five per cent, per annum, as in 
 section six provided, placed to the credit of the said sinking 
 fund account. 42 V. c. 75, s. 9. 
 
 Sinking fund JQ. The said sinking fund rati, or annual sum to be 
 
 ^"Jl^y^J^*^"* provided as aforesaid, shall be placed at the credit of the 
 
 taxes of eacli sinking fund by the city treasurer of the said city, out 
 
 year. of the first money paid to the treasurer in each \v>ar by 
 
 the collectors of taxes, or by the taxpayers of the said city, 
 
 and such sinking iund moneys shall on no account be used 
 
 or applied by the said corporation or treasurer for any 
 
 other puipose or purposes than those authorized by this 
 
 Act. 42 V. c. 75, s, 10. 
 
 Council may U. It shall and maj' be lawful for the council of the 
 xate'fo^ W8 corporation of the city of Toronto, by by-law to be passed 
 " for that purpose, to renut and refund the sum of two 
 hundred and ninety -four thousand three hundred and fifty- 
 four dollars and fifty-seven cents, being the equivalent of 
 six mills of the general taxation of the said city of 
 Toronto for the j'car one thousand eight hundred and 
 
 I 1 
 
jf the 
 )asseil 
 two 
 fifty- 
 nt (<f 
 ty of 
 and 
 
 • DEBT AND DEBENTURES. 
 
 seventy -eight, to the ratepayers of the said city, 
 c. 75, 8. 11 
 
 107 
 
 42 \'. 
 
 / 
 
 12. The said corporation shall have power to appropri- Amount at 
 ate the said sum of five hundred and thirtj'-six thousand T*^}* °^ . , 
 three hundred and sixty-three dollars and ninety -nine "j^y'^f used 
 cents now standing on the books of the said corporation, to redeem 
 to the cre,^:t of the sinking fund, in the redemption of ''^''*°*"''®'- 
 outstanding debentures of the said city, as in the preamble 
 to this Act mentioned, and any residue in the redemption 
 of other debentures so outstanding. 42 V. c. '^^, s. 12. 
 
 13' AH expenses attending the sa!e or negotiation of Expenses of 
 the debentures, issued under the authority of this Act, and **^® °^ deben- 
 all discounts thereon, if any, shall be paid out of the 
 general revenue of the city in any year in which the said ^ ,^ 
 
 debentures are issued, or the debentures to be redeemed 
 mature, or are otherwise procured for redemption. 42 V. 
 c. 75, s. 13. 
 
 14. The by-law or by-laws of the said corporation, Bylaw need 
 passed under the authority of this Act, for authorizing "^*^jj*j^^'® 
 renewal Ir^sues to redeem all or any of the said outstanding electors, 
 debentures, or for paying the said sum of three hundred 
 
 and fifty-nine thousand three hundred and fifty-four 
 dollars and fifty-seven cents in the preamble to this Act 
 mentioned, shall not require the assent of the electors of 
 the said city before the final passing thei cof ; but by-laws 
 other than those above specified, if requniiig by the 
 Municipal Act the assent of the electors, shall be duly 
 submitted for the same under, and as required by, such of 
 the provisions of the said Municipal Act as relate to any 
 such by-law. 42 V. c. 75, s. 14. 
 
 15. No irregularity in the form of the said debentures, Debentures 
 or of the by-laws authorizing theissr.e thereof, shall render **>.f^ ^*^''^.''*'*^ 
 the same invalid or illegal, or be allowed as a defence to ]^uy irrgguia?. 
 any action brought against the said corporation for the ties, 
 recovery of the amount of the said debentures and interest, 
 
 or any or either of them, oj- any part thereof. 42 V. c. 75, 
 a. 15. 
 
 16< The amount of the general debenture debt of the Debenture 
 said city of Toronto is hereby limited to the sum of six *^^^' limited, 
 millions of dollars, being the amount authorized by this 
 Act, '.nd ther*^ shall be no increase thereof until the total 
 amount of assessable or ratable property of the said city, 
 a.s the same shall appear by the assessment rolls in any 
 year when finally revised and confirmed, exceeds the sum 
 of fifty millions of dollars, and thereafter the increase of 
 the general city debenture debt, shall be limited to eight 
 per centum of such excess of ratable or assessable property 
 
108 
 
 DEBT AND DEBENTURE8. 
 
 Date of pay- 
 ment of de- 
 bemturea. 
 
 over the said sum of fifty millions as shown by such 
 assessment rolls as aforesaid, but there shall be no increase 
 of such debenture debt beyond said sum of six millions 
 of dollars, unless the by-law relating thereto or creating 
 the same shall first be duly submitted to the electors for 
 their assent under and subject to the same provisions in 
 that behalf as are specially mentioned in section fourteen. 
 42 V. c. 75, s. 17. 
 
 17. Any debentures hereafter issued by the said corpo- 
 ration of the city of Toronto, under the provisions of 
 the last preceding section, or under any other statutory 
 authorit}' whether for general city purpose" or for school 
 purposes may, notwithstanding anything in the Municipal 
 Act, or the Public Schools Act contained, be issued and 
 made payable at any time within forty years from the day 
 of the date of the respective issues thereof. 42 V. c. 76, 
 s. 16. 
 
 19- This Act may be known and cited as " The City of 
 Toronto Consolidation Debenture Act, 1879." 42 V. c. 75, 
 s. 19. 
 
 SCHEDULE. 
 Form A. 
 
 (Section 4) 
 Toronto General Consolidated Debenture. 
 
 (Issued under " The City of Toronto Consolidation Deben- 
 ture Act, 1879.) 
 
 No. 
 
 Province of Ontario, 
 City of Toronto. 
 
 sterling. 
 
 Under and by virtue of " The City of Toronto Consoli- 
 dation Debenture Act, 1879," being an Act passed in the 
 forty-second vear of the reign of Her Majesty Queen 
 Victoria and cliaptered , and by virtue of By-law No. 
 
 of the corporation of the city of Toronto, passed 
 under the powers contained in the said Act. 
 
 The corporation of the city of Toronto promise to pay 
 the bearer or in the sum of £ sterling on 
 
 the day of A.D. , and the half yearly 
 
DEBT AND DEBENTURIS. 
 
 109 
 
 euupoDii thereto attached as the same shall severally 
 become due. 
 
 A. B., 
 [L.&] Mayor 
 
 CD., 
 42 V. c. 75. Sched. City Treamrer. 
 
 o- 
 of 
 
 Z 
 
 )al 
 nd 
 ay 
 75, 
 
 75. 
 
 jew- 
 
 h'^g- 
 
 3oli- 
 
 the 
 
 lieen 
 
 I No. 
 sed 
 
 I pay 
 on 
 
 52 Viot. a 74 (Ont) 
 
 An Act resi)ecting tlie consolidation of the Deben- 
 ture Debt Oi the City of Toronto. ' -. 
 
 [Assented to 22rd March, 1889.] 
 
 WHEREAS the cor|H)ration of the city of Toronto preamble, 
 have, by their petition, set forth that the rapid 
 growth and progress of the city during the last ton years, 
 and the extensive public improvements effected in connec- 
 tion with the same, particularly in the matters of water 
 supply, fire alarms, construction of sewers, the enlarge- 
 ment of the gaol and markets, providing a site for a 
 combined court house and city hall, and also a site for 
 a drill shed, for the erection of the said court house and 
 city hull, and of additional exhibition buildings, the 
 construction of the island breakwater, the straighteaing 
 and improvement of the Don river, the purchase of school 
 sites, and the erection of public and high schools, the 
 establishment of a free public libnuy, the enlargement 
 and improvement of public |mrks, the construction of per- 
 manent roadways, bridges, and sewers, and other public 
 works rendereil necessary in consequence of the rapid 
 expansion of the city, have caused a corresponding expan- 
 sion of the general debentui'e debt, and that it will be 
 conducive to the welfare an»l best interests of the city, 
 and will greatly facilitate its financial airangements, to 
 place the said debt on a more satisfactory basis by a rccon- 
 solidation of the same, at a rate of interest not exceeding 
 three and one-half per cent, per annum ; that the said 
 debenture debt on the thirty-fii'st day of December, 1888 
 (exclusive of that portion thereof applicable to local im- 
 provements), as represented by debentures outstanding 
 and in coui-se of negotiation, was $.S,8U),067.85 ; that it is 
 desirable to redeem with the accun\ulated sinking fund, 
 debentures amounting to $53l,lU3.23, thus reducing the 
 said general debenture debt to !$8,279,864'.C2, any residue of 
 the sinking fund on hand to be applied towanls the redemp- 
 tion of the said debentures now outstanding ; that in 
 addition to the above, debentures have been authorized 
 and iasued for the following amounts and purposes : 
 
no 
 
 DEBT AND DEBENTURES. 
 
 Water Works S149,995 53 
 
 Public Parks 74,995 33 
 
 Public and High Schools 147,77147 
 
 General Permanent Improve- . \ 
 
 ments 232,276 27 ^ 
 
 V Issuecl and hyp jthecated . S605,038 60 
 
 Court House $750,000 00 . 
 
 Garrison Creek Sewer 50,000 00 • 
 
 Rosedale Creek Sewer 125,000 00 
 
 King Street Subway 100,000 00 
 
 Schools , 8,000 00 ^ 
 
 Authorized but not yet issued $1,033,000 00 
 
 $1,638,038 60 
 Add outstanding debentures as above. . 8,279,864 62 
 
 Making total authorized debentures . . $9,917,903 22 
 
 That the said outstanding debt of $8,810,967.85 will 
 mature as follows . 
 
 lhS9 $ 401,300 00 
 
 1890 106,000 00 
 
 1891 132,000 00 
 
 1892 109,400 00 
 
 1893 41,000 00 
 
 1894 208.034 44 
 
 1895 367,159 99 
 
 1896 627,941 76 
 
 1897 1,163,161 41 
 
 1898 159,608 66 
 
 1899 152.50G 01 
 
 1901 4,050 00 
 
 1902 4,000 00 
 
 1904 639,888 79 
 
 1906 923,080 66 
 
 1907 20,546 62 
 
 1909 124,846 15 
 
 1919 7:^3,237 06 
 
 1920 22,036 26 
 
 1921 233,018 60 
 
 1922 239,.527 59 
 
 1923 178,4.50 93 
 
 1921 223,238 85 
 
 1925 864,003 67 
 
 1926 294,200 00 
 
 1928 836,930 40 
 
 $8,810,967 85 
 
DKBT AND DEBENTUKES. 
 
 Ill 
 
 all o£ which now bears interest at rates varying from tour 
 to six per cent, per annum ; that the present char<ves on the 
 said debt, in providing annually the interest and sinking 
 fund, at the rates at which the debentures have been from 
 time to time issued, form an item in the annual estimates 
 which is oppressive and burdensome, and that, owing to 
 the reduction in the rate of interest and the improved 
 credit of the city, a re-arrangement of the said debt can oe 
 advantageously effected; that it is further desirable to 
 increase the maximum of the limit of the city's borrowing 
 power to twelve and one-half per cent, of the first SlOO,- 
 000,000 of the assessed value of the ratable property of 
 the city ; and eight per cent, of the assessed value of said 
 property beyond said limit; that to enable the issue of 
 debentures to be hereafter made to bo of uniform date as 
 to maturity, it is desired that the city may be relieved 
 from- the restrictions imposed by statute on debentures 
 issued for general city, school, and water works purposes; 
 that it is desirable to issue the debentures to be issued 
 under this Act at long dates, extending to forty years; 
 that it is desirable that all future is.sues of debentures 
 covering the city's .share of the cost of local improvement. 
 Works and services should be merged into and form part 
 of the Local Improvement Debenture Debt of the city ; 
 that the city should be authorized to substitute an equiva- 
 lent value of the new consolidated debentures to be issued 
 under this Act for certain debentures now i.ssued or 
 authorized, but not yet sold, and to pro\'ide that in deter- 
 mining the limit of the city's borrowing powers, the 
 amount of the debt incurred for water works purpases 
 shall not be counted as part of the general city debt ; and 
 whereas it is expedient to grant the prayer of the said 
 petition ; 
 
 Therefore Her Majesty by and with the advice and 
 •con.sent of the Legislative Assembly of the Province of 
 Ontario, enacts as follows : — 
 
 \ 
 
 ,x 
 
 1. The corporation of the city of Toronto may, from Limit of bor- 
 tirae to time pass by-laws, under the terms and conditions rowing 
 hereinafter provided, for authorizing the issue of deben- P"*®"* 
 tures of the said city to an amount not exceeding in the 
 
 whole twelve and one-half per centum of the assessed 
 value of the whole of the ratable property in the citj' up 
 to the first one hundred millions thereof, and eight per 
 cent, of the assessetl value of said property beyond said 
 sum of one hundred millions as established and shown, 
 from time to time, by the last revised assessment rolls of 
 the said city. 52 V. c. 74, s. 1. 
 
 2. The said debentures to be issued under the authority Application 
 of this Act and all moneys arising therefrom, may be "^ ileben- 
 applied to redeem, as occasion ma\' offer, the debentures 
 
112 
 
 DEBT AND DEBENTURES. 
 
 already issued as in the preamble mentioned, and for this 
 purpone debentures may be issued to provide for the 
 redemption of debentures not yet due, ana the debentures 
 to bo issued under this Act, and all moneys arising there- 
 from may be substituted for an equivalent value of the 
 debentures already authorized but not yet issued, as in 
 said preamble mentioned ; but nothing herein contained 
 shall be construed as giving any authority to pay off or 
 redeem outstanding debentures before maturity without 
 the consent of the holders thereof. 52 V. c. 74, s. 2. 
 
 Designation 8. The said debentures, so to be issued, may be styled 
 ™yme™o?' "City of Toronto General Consolidated Loan Debentures," 
 debenturea. &nd may be issued from time to time, as occasion may 
 require, and in such amounts as may be found expedient 
 to secure advantageous sales, and the said debentures may 
 be made payable at any place in Canada, Great Britain, 
 the United States of America, or elsewhere, and may be 
 in sterling money of Great Britain or currency of Canada 
 or in the United States of America, and such debentures 
 shall be in sums of not less than $1U0 currency or £20 
 sterling. 52 V. c. 74, s. 3. 
 
 Form of 
 debentun s. 
 
 4. The said debentures may be in the form shewn in 
 Schedule A to this Act, or as near thereto as the corpora- 
 tion may find convenient, according to the places where, 
 and the money in which, the same are made payable. 52 
 V. c. 74 s. 4. 
 
 Interest. 5. Coupons shall be attached to the said debentures for 
 
 the payment of the interest thereon, and such interest 
 shall be payable half-yearly, on the first days of the 
 months of January and July in each and every year, at 
 the places mentioned therein, and in the coupons attached 
 thereto, and such debentures to be issued under this Act 
 shall. bear interest at a rate not exceeding three and a half 
 per centum per annum. 52 V. c. 74, s. 6. 
 
 Bate for paj-- 6. For the payment of the debt and interest represented 
 mentof y^y yg^jj debentures to be issued under the authority of 
 
 this Act, there shall be annually raised, levied, and collected 
 by the said corporation during the currency of the said 
 debentures a sum sufficient to discharge the said debt and 
 interest when the same shall be respectively payable, said 
 sum to be raised by an annual special rate upon the amount 
 of the then ratable or assessable property of the said cor- 
 poration as appearing by the^ last revised assessnient roll 
 thereof. 52 V. c. 74, s. (i. 
 
 Application 7. The debentures amounting to $531,103.23, purchased 
 
 of sinking j^^jj j^^^ |^gjj ^y ^Y\e corporation as an investment of 
 
 sinking fund moneys as in the preamble to this Act men- 
 
DKBT AND DiSBKNTUREH. 
 
 113 
 
 r this 
 T the 
 ntures 
 there- 
 of the 
 , OS in 
 ktained 
 off or 
 without 
 
 styled 
 ntures," 
 jn may 
 pedient 
 res may 
 Britain, 
 may be 
 Canada 
 bentures 
 ' or £20 
 
 khewn in 
 corpora- 
 s where, 
 able. 52 
 
 ^tures for 
 
 interest 
 
 of the 
 
 year, at 
 
 attached 
 
 this Act 
 
 Ind a half 
 
 tioned, are hereby authorized to be redeemed and cancelled, 
 and '^ny i-esidue of sinking fund on hand may be applied 
 towards th«^ redemption of other debentures now outstand- 
 ing, as named in the preamble to this Act. •12 V. o. 74, s. 7. 
 
 8- The by-law or by-lawn of the said corporation, passed Proviainns 
 under the authority of this Act, for the issue or issues of re«poctiiiK «•- 
 the said '' City of Toronto General Consolidated Loan t<,„ ^^ \,y. 
 Debentures," or for the redemption of any of the outstand- laws, 
 ing or authorized debentures in the preamble to this Act 
 mentioned, or for the substitution thereof of debentures to 
 an equivalent value, shall not require the assent of the 
 electors of the said city before the final passing thereof ; 
 but by-laws other than those above specified, if they 
 require under The Municipal Act the assent of the electors, Rev. sut 
 shall be duly submitted for the same under and as required c. 184. 
 by the provisions of the said Afitnicipal Act 52 V. c. 74, s. 8. ■ \ 
 
 9. No irregularity in the form of the said debentures, or Debenture! 
 of the by-laws authorizing any issue thereof, shall render ***''*.^*^'** 
 the .same invalid or illegal, or be allowed as a defence to standing uny 
 any action brought against the said corporation for the irregularity, 
 recovery of the amount of the said debentures and interest 
 or any or either of them, or any part thereof. 52 V. c. 74, s. 9. 
 
 12- In determining the limit of the city's borrowing Mode of com- 
 powers under this Act, the amount of the debt incurred ?«*'"« <lebt 
 for water works purposes, being a revenue producing ° " y- 
 investment, shall not be counted as part of the general 
 debenture debt. 52 V. c. 74, .s. 12. 
 
 18- This Act may be known and cited as " The City of Short title. 
 Toronto Debt Conaolid'ition Act, 1889" 52 V. c. 74, s. 13. 
 
 presented 
 hority of 
 [collected 
 I the said 
 I debt and 
 lible, said 
 ]e amount 
 I said cor- 
 Lent roll 
 
 Luvchased 
 
 (tment of 
 
 Let men- 
 
 SCHEDULE " A." 
 
 (Section 4-) 
 
 City of Toronto General Consolidated Loan 
 
 DEBENTirUK. 
 
 (Issued under " The City of Toronto Debt Consolidation 
 
 Act. 1889.") 
 
 No. Province of Ontario, £ sterling. 
 
 City of Toronto. 
 
 Under and by virtue of "The City of Toronto Debt 
 Consolidation Act, 1889," being an Act passed in the fifty- 
 15 
 
114 DEBT AND DBUBNTURKS. 
 
 second year of the reif^ii of Her MajeHty Queen Victoria, 
 and ciiaptorcd , and V)y virtue of By-law No. of 
 
 the corporation of the city of Toronto, pasadd under the 
 poweru contained in the Hiiid Act ; 
 
 The corporation of tiie city of Toronto proinines to pay to 
 the bearer or in the Muni of £ Hterling (or aa 
 
 the cane maij be), on the day of A.D. , and the 
 
 half yearly ouponn hereto attached as the same shall 
 severally become due. 
 
 A. B. 
 [L.8.] Mayor. 
 
 C. D. 
 City Treasurer. 
 52 V. c. 74, Sched. 
 
 4. OOBPOBATION STOCK. 
 46 Viot. o. 44 (Ont.) 
 
 An Act to empower the City of Toronto to insti- 
 tute an issue of Corporation Stock. 
 
 {Assented to \st February, 1883.] 
 
 Preamble. IIJHEREAS the city of Toronto have, by their petition, 
 T T represented that it will be to the advantage as well 
 of the said city as of parties with whom the said city may 
 hereafter have dealings in the >way of raising luouey on 
 loan for civic purposes, if an alternative power be conferred 
 on *he said city, in addition to the power now existing as 
 to the is.sup of debentures, to institute the issue of a corpo- 
 ration stock to be styled " The Registered Stock of the 
 City of Toronto" ; that .such power will remove difficulties 
 on the part of parties holding debentures, and especially of 
 parties holding the same as permanent investments, as to 
 the safe custody of the same ; that it will simplify the 
 dealings of .said parties with the city in the matter of 
 receiving periodically interest on loans, and generally 
 facilitate the negotiation of corporation loans, and whereas 
 it is expedient to grant the prayer of the .said petition ; 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of 
 Ontario, enacts as follows : 
 
 Issue of 1. From and after the passing of this Act and subject 
 
 registered to the provisions thereof, it shall be lawful for the city of 
 ato^k author- rp^j,.Qp^Q ^Q institute an issue of stock to be styled " The 
 
 
DKIIT AND DEHKNTLKKH. 
 
 115 
 
 tition, 
 well 
 may 
 ley on 
 ferretl 
 ing as 
 corpo- 
 of the 
 ulties 
 nUy of 
 as to 
 :y the 
 ter of 
 erally 
 hereas 
 
 n ; 
 d con- 
 ice of 
 
 [ubject 
 jity of 
 " The 
 
 Registered Stock of the City of Toronto," to be Hubscril>etl 
 for in shares of one humlrtMl dollars currency, or twenty- 
 five |H)un<l.s sterling, or broken parts of the .same, an the 
 same may be required to represent a loan Hulmcrtbed fr)r in 
 currency or sterling, as the case may }>e. 4G V. e. 44, s. 1. 
 
 2. The said stock may tnt issued at tlie option of a party R«K|iitered 
 tendering for a corporation loan, in lieu of <lcbentui'es*^^^g,|'y*^j^y 
 authorized to be issued for such loan by any by-law or of ilebcnturei. 
 Act of Parliament in that behalf, and the security for the 
 
 loan in case of the party electing to take stov;k shall be 
 
 effected l>y registration a>* hereinafter mentioned, and the 
 
 delivery of a certificate under the seal of the corporation, 
 
 which shall in all respects bo as full and binding a liability 
 
 on the city as the issue of a debenture or debentures, save 
 
 that the eertificate shall state the party to whom it is 
 
 issued to l)e the holder of such an amount of stock as n. 
 
 represents the aggregate of the loan, and on which the city 
 
 shall be liable to pay interest semi-annually, by the cheque 
 
 of the treasurer to the said party or to his duly authorized 
 
 attorney or agent in that behalf. 46 V. c. 44, s. 2. 
 
 3. The said stock shall to all intents and purposes be Stock to be 
 regarded as a negotiable or transferable security in like transferable, 
 manner as debentures are transferable, .save that the trans- 
 fer shall not be by delivery but by re-registration in the 
 
 stock books of the corporation. 46 V. c. 44, s. 3. 
 
 4. For the purposes of carrying out the provisions in Corporationte 
 the preceding sections contained, the said corporation shall ^^^.P,''*?^**^" 
 
 iii.ui?ii • "1. 1 -ii-i (.and booka of 
 
 open and keep the following registers and special books of jj^count. 
 account in connoction therewith : 
 
 A Stock Ledger: In which shall be entered (1) The total 
 amount of stock issuable under the provisions of the 
 by-law authorizing the same ; (2) the rate of interest 
 authorized to be paid on the same ; (3) the name or names 
 of the original party or ])arties subscribing for and taking 
 up the same ; (4) the ti'aiisfers which may be made of the 
 same from time to time from one holder to another, .so that 
 the result shall be to exhibit at all times the total amount 
 of such stock as held either by one or several holders of 
 the same as the case may be. 
 
 A Transfer Register : To be signed as well by the trans- 
 feror as by the transferree, and from which the changes of 
 ownership shall be posted to the stock ledger, and any 
 transfer shall be only considered ad interim and shall in 
 no case be posted in the stock ledger until duly signed by 
 both the parties thereto. 
 
 An Interefit Register: In which shall be set forth serai- 
 annuall}' an exact statement of the then holders of the 
 
un 
 
 DEBT AND DKBBNTlMtRH. 
 
 ^ Raid Fttock, hikI oppofiito to the naino ot' each hoMcr the 
 amount uf tlie seiiii-iuinual intorcst to which he is entitled, 
 and chequeH. nhall Ik) prepai-od iin:! iniide payable to the 
 order ot tlio parties so set forth as owners, who shall on 
 receiving the same, duly sign an acknowledgment for the 
 Slime as a full act|uittancu of the liability of the eor|)or>i- 
 tion for such Homi-iinnual intiireit. 4(5 V. c. 44, s. 4. 
 
 iypointiTMnt 5 I'l,^, j,^i,| corporation may by by-law appitint an agent 
 Oraat'sritoiii'" C}>"*'ftt Britain, if necessary, to act as the deputy of the 
 iMithoris«d. treasurer of said corporation with respect to the registra- 
 tions and transfers of stock under this Act. 40 V. c. 44, s. 5. 
 
 Option M to 0. The power to issue corporation stock in manner 
 ordelMiiturea hereinbefore mentioned, shall be oidy exercised as an alter- 
 native power, anx' shall in no way interfere with the power 
 to issue debentures, and there shall be but one increase of 
 the debt of the city heretofore called the debenture debt, 
 (and which shall hereafter include issues of such stock) by 
 the issue of either debentures or stock at the option of a 
 party tendering for a corporation loan. 4G V. c. 44, s. G. 
 
 Returns as to 7. In all returns shewing the indebtedness' of the city ',\ 
 toBpedfv**" *''^*'®*' ^'^e provisions of this Act have gone into effect, the " 
 amount of gross indebtedness shall be .set forth as consisting of so 
 
 much of stock and so much of debentures, as the ca.se 
 
 may be. 4G V. c. 44, s. 7. 
 
 stock and 
 debentures. 
 
 Limitation as 
 to city debt 
 contained in 
 42 V. c. 76, 
 and as to sub- 
 mitting by- 
 laws to elec- 
 tors not 
 affected. 
 
 8. The limitation of the debt of the city, and the circum- 
 stances under which only such limitation shall be exceeded 
 under the Act passed m the forty-second year of Her 
 Majesty s reign, chaptered seventy-five, intituled An Act 
 respectivf/ the debenture itcht tind certain property of the 
 city of Toronto, shall be in no wi.se affected by this Act, 
 nor shall it interfere in anywise with the requirements for 
 submitting to the proper vote a by-law requiring such 
 submission under the municipal or any other Act in that 
 behalf, it being the sole object of this Act to give the alter- 
 native power of issuing debentures or stock as aforesaid in 
 giving effect to a by-law duly passed. 46 V. c. 44, s. S. 
 
 Provisions as 9. All moneys reijuired to be raised for sinking fund 
 purposes shall continue to be raised and shall be applicable 
 to the retirement of either stock or debentures on the 
 maturity of either of the same in the due course of .such 
 maturity. 46 V. e. 44, s. 9. 
 
 to sinking 
 fund. 
 
DKBT AND DERICNTirKBM. 
 
 nr 
 
 6. PSRMANENT IMPROVEMENTS. 
 
 ' ' ' . ' ■' 
 (») Drainac*- (0 
 
 49 Viot. 66 (Out.) 
 An Act respecting the C'ity of Toronto. 
 
 [Assented to 2otli Match, I.S80.] 
 
 28- — (l)N()twith.staiulintf anything in The Coiisolulated f^y^^\^f^^^y ^ 
 }futnciixU Act, 1883, ana amendments thereto, or nnyJmrrow 
 special or private Act relating to the said city of Toronto *''^''^''*'^'®' 
 and the de{)enture debt thereof, to the contrary, it shall "nd ' [j'J^JJ^'J^ 
 may be lawful, subject q» hereinafter provided, for the 
 council of the corporation of the city of Toronto to pass "* 
 
 all such I>y-law9 as may from time to time be necessary to 
 raise loans, and for borrowing money by the issue and sale 
 of debentures of the city of Toronto ; such debentures to 
 be made payable within forty years, or such less time as 
 the council may determine, to an amount not exceeding 
 the sum of Sl.oOO.OOO, for the purpose of carrying out a 
 complete system of drainage, and constructing the necessary 
 works connected therewith and required therefor, and for 
 improving the sanitary condition of the city of Toronto ; 
 Provided that before passing any such by-law or under- 
 taking such work, a s^'stem of drainage, together with an 
 estimate of the cost thereof, sliall be submitted to and 
 approved by the council, and provided also that the 
 uestion of undertaking the construction of such system of 
 drainage and the necessary works connected therewith at 
 the estimated costs thereof shall be submitted to and 
 approved of by the vote of the majority of the electors 
 voting thereon, entitled to vote on raone}' by-laws under the 
 provisions of The Gomol'iddtecl Municipal Act, 1883, and 
 amending Acts, but thereafter it shall not be necessary to 
 submit the by-laws providing for the issue of the debentures 
 and for borrowing, from time to time the sura of money 
 authorized by the ratepayers to carry on and complete the 
 said improvement and works to the vote of the elect '>rs. 
 
 (2) Debentures issued under the provisions of this enact- 
 ment and the moneys borrowed thereunder, shall not be 
 reckoned as part of the general city debt, and the provisions 
 of the Act passed in the '*2nd year of Her Majesty's veign, 
 chaptered 75, (m,) whereby the general debenture debt of the 
 city is limited, shall not apply to any debt created under 
 this enactment. 
 
 (0 As to assessment under Drainage By-law No. 285 of the town of 
 Varkdale. Sec. 51, V. c. 54, s. 7 (Ont.). 
 (tt) ^ee p. 102. 
 
 a' 
 
lis 
 
 DEBT AND DEBENTURES. 
 
 (3) All moneys iHjrrowecl under the provisions of this 
 enactment shall be kept apart and as a separate fund, to be 
 known as the Drainage Fund, and shall be applied to no 
 other purposes than the purposes herein mentioned. 
 
 (4) The debentures to be if).sued in pursuance of this 
 enactment shall bs known and designated as "City of 
 Toronto Public Drainage Debentures, ' and shall be so 
 designated on the face thereof. 49 V. c. 66, a. 23. 
 
 (&) Parks. 
 
 50 Vict. c. 71 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 23rd April, 1887.] 
 
 Powers. ■ !• "^^^ council of the corporation of the city of Toronto 
 may pass by-laws for the following, amongst other pur- 
 poses, notwithstanding anything in The Consolidated 
 Municipal Act, 1883, or any amending Act, or in any 
 special or private Act relating to the said city of Toronto 
 contained to the contrary. 
 
 Borrowing 2. For borrowing moneys not to exceed the sum or 3100, 
 
 money for 000 for improving the city parks and for park purposes by 
 p»rk purpoBes ^j,g issue and sale of debentures upon the credit of the city 
 at large and also for charging the usual interest and sinking 
 fund required for moneys so borrowed as a first lien upon 
 the income belonging to the " Walks and Garden Fund." 
 But any by-law passed for this purpose shall require the 
 assent of the electors entitled to vote on money by-laws 
 before the final passing thereof. 50 V. c. 71, s. 1 (2). 
 
DEBT AND DEBEIJTURES. 
 
 iia 
 
 t (o) Subways and Bridges. 
 
 46 Vict. o. 45 (Ont.) ^ 
 
 An Act respecting the City of Toronto and the Vil- 
 lage of Parkdale. 
 
 [Assented to \st Fehrum'y, 1883.] 
 
 WHEREAS the city of Toronto and the vilage of Park- Preamble, 
 dale, by the petition of their respective councils, have 
 represented that it is desirable and necessary for the pre- 
 servation of life and property to make provision for the 
 construction and maintenance of sub-ways or bridges and 
 approaches thereto, in and upon the public streets and 
 highways in the city of Toronto and village of Pai'kdale ■" .^ 
 at the points where the said streets are crossed by the 
 tracks of the several lines of railway running into the 
 city oi Toronto ; and whereas there is imperative public 
 necessity for the early construction of the said proposed 
 sub-ways or bridges and approaches thereto ; and whereas 
 it is expedient to grant the prayer of the said petitions : 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of tho Province of Oniario, 
 enacts as follows : — 
 
 Railway com- 
 panies inter- 
 ested and 
 conucils of 
 Toronto and 
 Parkdale 
 empowered to 
 agree for con- 
 struction of 
 sub- ways or 
 bridges at 
 railway cros- 
 sings. 
 
 1. It shall and may be lawful for the council of the cor- 
 poration of the city of Toronto and the council of the 
 village of Parkdale, jointly or separately, and for the 
 several railwaj' companies, whose tracks do now, or at any 
 time hereafter may cross any of the public streets and 
 highways within the limits of the city of Toronto and 
 village of Parkdale, jointly or separately, and each with 
 the other, or>any of them, and with the said councils, or 
 either of them, to enter into any and all such contracts, 
 engagements, agreements and covenants for the con.struc- 
 tion, erection and future v aintenance of all such sub-ways 
 under or bridges over the said railway tracks where the 
 same cross the said streets or any of them, together with 
 such approaches and other works connected therewith as 
 they may deem necessary for the safety and protection of 
 the persons and property of all parties concerned. 4G V. 
 c. 45, s. 1. 
 
 2. It shall and may be lawful for the said councils, Power for said 
 either jointly or separately, to enter into anv contract or''""'""'**? 
 
 , •". ."1, '^ •' I ' 1 .11. contract for 
 
 contracts with any person or persons who may be willing go„gtn,<;ti„„ 
 to undertake the same, to make, construct, erect and build of necessary 
 such and so many sub-ways or bridges with all suitable works, 
 approaches to and other works connected therewith, as in 
 the opinion of said council or councils may be proper and 
 necessary, on and in the said streets or any of them, under 
 or over the several tracks of the seveitil lines of railway 
 
120 
 
 DEBT AND DEBENTC.TRbS. 
 
 Power to 
 
 streets. 
 
 where the same cross the said streets or any of them, of such 
 materials and according to such plan or plans as the said 
 councils or either of them may have adopted or may here- 
 after adopt regarding the same ; and for all and every of 
 fJu^s.'aiid to ^^® purposes aforesnid, and for the purposes of carrying out 
 close or dirert the said works or any of them to completion, and there- 
 after maintaining the same, it shall and ma}' be lawful for 
 the said councils, or either of them, and the servants, 
 workmen and agents or contractor, or contractors 'of them, 
 or of either of them, to enter upon, take possession of, cut, 
 dig up and use all such portions of the lands adjoining the 
 said streets or any of them as the engineers or engineer of 
 either of them may certify to be necessary, and to close, 
 break up, and otherwise alter, improve, and change the 
 said streets or any of them for such time, to such extent, 
 and in such manner as the said engineer or engineers may 
 think fit and necessary' for the purposes of the said works 
 or any of them. 46 V. c. 45, s. 2. 
 
 3. The said councils shall, Ijefore letting any such con- 
 tract or entering upon the construction of any such work 
 or works on or in Queen and King streets or either of 
 them, mutually agree upon the proportions in which the 
 cost thereof, including compensation for damages as here- 
 inafter mentioned and the cost of future maintenance, 
 shall be divided and borne between the said municipalities 
 of Toronto and Parkdale respectively ; and they are hereby 
 authorized to pass all such by-laws, enter into all such 
 agreements and execute all such contracts, deeds and writ- 
 ings as may be proper and neccussary for all and every such 
 purpose. 46 V. c. 45, s. 3. 
 
 Compensation ^- ^^ carrying on the said works, or any of them, the 
 for lands said councils, their servants, workmen and agents, and con- 
 taken or in- tractor or contractors, shall do no unnecessary injury or 
 iffeotedf damage, and the said councils shall make to the owners or 
 occupiers of or other persons interested in real property 
 entered upon, taken or used by them or either of them in 
 the exercise of any of the powers hereby conferred upon 
 them, or either of them, or injuriously aflPected by the 
 exercise of such powers, due compensation for any damages, 
 including cost of fencing when required, necessarily 
 resulting from the exercise of such powers beyond any 
 advantage which the claimant may derive from the said 
 work or works or any or either of them, and any such 
 claim for compensation, if not mutually agreed upon, shall 
 be determined by arbitration under the provisions of the 
 Municipal Act and amendments thereto in that behalf. 
 46 V. c. 4.5, s. 4. 
 
 Councils 
 before letting 
 any contract 
 to agree as 
 to proportion 
 in which ex- 
 pense of con- 
 struction and 
 maintenance 
 shall be 
 divided. 
 
 Special power 5. Notwithstanding ai.yihing in the Municipal Act and 
 
 to borrow for amendments thereto, r in any special or private Act 
 
 thiTAct ** relating to either of the said municipalities to the contrary, 
 
 it shall and may be lawful for the council of the corpora- 
 
DEBT AND DEBENTUKES. 121 
 
 tion of the city of Toronto and the council of the village ' 
 
 of Parkdale respectively to pass such by-laws as may from ' 
 time to time be necessary to raise a loan or loans for such 
 amount or amounts, not exceeding in all one hundred thou- 
 sand dollars for each municipality, as may be necessary for 
 the purpose of constructing such sub-way or sub-ways, 
 bridge or bridges togetlier with suitable approaches thereto, 
 and other works necessarily connected therewith, as the . 
 case ma}' be, including such compensation for damages as 
 above provided for, and to issue any number of debentures 
 payable in this Provinco or ekewhere in sums of not less 
 than one hundred dollars, which may be requisite and 
 necessary therefor, {v) 46 V. c. 45, s. 5. 
 
 6. The delientures to be issued for the purposes afore- Special rate 
 said, shall l^ payable in forty years from the respective ^^^ ^^?*'*' 
 dates thereof, with interest thereon in the meantime at a 
 
 rate not exceeding six per centum per annum payable half 
 yearly, and for the purpose of redeeming the said deben- 
 tures and paying the interest thereon, it shall and may be 
 la\7ful for the council of the said corporation of the city 
 of Toronto and the council of the village of Parkdale 
 respectively in any by-law or by-laws to be passed author- 
 izing any such loan or loans, or any part thereof, and the 
 issuing of debentures therefor, to impose a special rate per 
 annum upon all ratable real and personal property in^uch 
 municipalitj'' respectively, to be called " The Railway 
 Crossing Rate," over and above and in addition to all other 
 rates, to be levied in each year, which shall, together with 
 such annual sum (if any) as the said councils or either of 
 them may receive from the said railway companies or any 
 of them under any agreement in that behalf, be sutticieiit 
 to form a sinking fund of three-fourths of one per centum 
 per annum for that purpose, over and above the interest 
 payable on such debentures, which sinking fund shall be 
 invested in each year either in the debentures provided for 
 by this Aet or in other debentures of the municipality or 
 Government debentures. 46 V. c. 45, s. 0. 
 
 7. The council of the corporation of the city of Toronto City of 
 may, in their option, in lieu of issuing debentures under '''o™"*o™»y 
 this Act, issue debentures to an amount not exceeding the J.^^'^g „^^g°42 
 said sum of one hundred thousand dollars for the purposes V. c. 75, in- 
 aforesaid, under the Provisions ot* the Act passed by the "{^^^^ of ""<!«'' 
 legislature of the province of Ontario in the forty-second '" ° 
 year of the reign of Her Majesty, chaptered seventy-five, 
 
 entitled An Act respect imf the debenture debt and certain 
 property of the city of Toronto, (to) 46 V. c. 45, s. 7. 
 
 (v) Power to the town of Parkdale to issue debentures i .r $5,000 in 
 addition to $10,000 already issued, for subway. Sef. 48 V. c. 6S, s. (i (Ont. ), 
 p. 285, and for issuing debentures for $20,000. 8te 51 V. c. 54, s. 6 (Unt.), 
 p. 288. 
 
 (w)See^. 101. 
 
 Iti 
 
122 DEBT AND DEBENTURES. 
 
 Sanction «f g, No by-laws for the raising of any such loan by the 
 
 lowi not*" issue of debentures for any of the puiposes aforesaid shall 
 
 reqtiired. require to be submitted to a vote of the ratepayers before 
 
 the final parsing thereof, anything in the said Municipal 
 
 Act and amendments thereto, or any such special or 
 
 • . firivate Act or Acts to the contrary notwithstanding. 46 
 
 V. c. 46, s. 8. • . V 
 
 Expenses of 9- The expense incurred in obtaining this Act shall be 
 Act to be part borne by the said municipalities as a part of the cost of 
 works* ** *^® ^^^^ works and improvements, and shall be paid by 
 
 them to the parties respectively entitled thereto. 46 V. 
 
 c. 45, s. 9. 
 
 ti' 
 
 56 Viot. o. 85 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 27th May, 1893.] 
 
 ways and 
 bridge 
 
 Power to bor- 7. •The council of the corporation of the city of Toronto 
 forcoin^ie^ may, without submitting the same to the ratepayers quali- 
 tion of sub- ^cd to vote on money by-laws, pass such by-laws as may 
 from time to time be necessary to raise a loan or loans for 
 such amount or amounts not exceeding $130,000, as may 
 be necessary for the purpose of completing the construction 
 of any subway or subways, bridge or bridges, and other 
 works authorized by chapter 45 of the Act passed in the 
 46th jear of Her Majesty's reign, (x) or to pay the cost of 
 such subway or subways, bridge or bridges heretofore con- 
 structed ; and may issue any number of debentures pay- 
 able in this Province or elsewhere in sums of not less than 
 $100 each, which may be requisite nnd necessary therefor, 
 which debentures shall be cayable within forty years from 
 the respective dates thereof, with interest thereon in the 
 meantime at a rate not exceeding six per centum per 
 annum payable half-yearly, and for the purpose of redeem- 
 ing the said debentures and paying the interest thereon 
 the council of the said corporation may in any by-law or 
 by-laws to be passed authorizing any such loan or loans 
 or any part thereof and the issuing of debentures therefor, 
 impose a special rate per annum upon all ratable real and 
 personal property within the said municipality to be called 
 "The Railway Crossing Rate" over and above and in 
 addition to all other raies to be levied in each year, which 
 shall, together with such annual sum (if any) as the said 
 council may receive from the railway companies, referied 
 
 (x) See p. 119. 
 
DEBT AND DGRENTURES. 
 
 12S^ 
 
 to in the said Act. or any of them, under any agreement in 
 that behalf, be suhi^ient over and above the interest pay- r 
 able on such 'debentures, to form a sinking fund to pay off 
 the said debentures at maturity. The said sinking fund 
 shall be invested in each year either in the debentures "" 
 provided for by the said Act or any other debentures of 
 the municipality or in Government debentures, but the 
 said council may, in their option, in lieu of issuing deben- 
 tures under this Act, issue, debentures to an amount not 
 exceeding the said sum of $130,000, for the purfjoses afore- 
 said under the provisions of The City of Toronto Debenture sav. c. 74. 
 Gonaolidation Act, 18S9. (y) 56 V. c. 85, s. 7. 
 
 6. LOOAL IMPB0VEMENT8. 
 
 (a) Generally- 
 46 Viot. 0. 48 (Ont) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 1st Feh'wtry, 1883.] 
 
 WHEREAS the corporation of the city of Toronto have Pre' •')le. 
 by their petition set forth the desirability of and the 
 necessity for special legislation with respect to certain 
 powers conferred or to be conferred upon said corporation, 
 and to remove doubts as to the intent and meaning of the 
 Act passed by the Legislatui*e of the Province of Ontario, 
 in the forty -second year of the reign of Her Majesty, 
 chaptered seventy -five, intitutled "An Act respecting the 
 Debenture Debt of the City of Toronto and for other pur- 
 poses ; " (a) and whereas it is expedient to grant the prayer 
 of the said petition : 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of 
 Ontario, enacts as follows : — 
 
 1. The Council of tlie corporation of the city of Toronto 
 may pass all by-laws necessary, from time to time, to raise 
 loans and borrow moneys required for the city's share of 
 any local improvements and works on the credit of the 
 city at lai'ge ; and it shall not be necessary to obtain the 
 assent of the electors of the said city to the passing of any 
 such by-law under the provisions of the Municipal Act, 
 any special or private Act I'elating to the said city of 
 
 (y) See p. 109. 
 (z) ^ee p. 101. 
 
 Assent of 
 electors not 
 required to 
 by-laws for 
 raising city's 
 share of coat 
 of local im- 
 provemeuta. 
 
124 DEBT AND DbBENTlTREH. 
 
 Proviio. Toronto to the contrary notwithstanding ; Provided always 
 that nothing in this Act contained shall be construed as 
 authorizing an extension of the general city debt beyond 
 the limits thereof fixed by the Act passed by the Legisla- 
 ture of the Province of Ontario in the forty-second year of 
 Her Majesty's reign, chaptered seventy-five, (a) 
 
 (2) It is hereby declared that the debentures issued 
 under local improvement by-lnwson the security of special 
 assessments therefor form no [)art of the general city debt, 
 within the meaning of the Act last above mentioned, and 
 it shall not be necessary to recite the amount of such local 
 improvement debt so secured by special mtes or assess- 
 ments in any by-law for borrowing money on the credit of 
 the city at large, but it shall be sufficient to state in any 
 such by-law, that the amount of the general city debt as 
 therein set forth is exclusive of local improvement debts, 
 ' secured by special Acts, rates, or assessments. 46 V.c. 43, s.l. 
 
 Power to bor- 2. For the purpose of enabling the council to avoid the 
 
 row funds for necessity of making supplementary assessments, or refund- 
 local improve- . .•' » o i r ajt ^.i-- ^u 
 meats. ^^S ^" ^^^^^ o" ^'^^^ assessments, and oi ascertainmg the 
 exact cost of any work or improvement, done or con- 
 structed, as a local improvement under the provisions of 
 the Municipal Act or any local or private Act, heretofore 
 passed or hereafter to be passed in that behalf, they may 
 and they are hereby authorized and empowered to make 
 agreements with any bank or banks, or any person or body 
 corporate for temporary advances and loans until the com- 
 pletion of the work or improvement, for meeting' the cost 
 thereof, and the}' may and they are hereby authorized and 
 empowered in their option to make the special assessments 
 for the cost thereof, after the work or improvement, as the 
 case may be, shall have been completed, and to pass the 
 necessaiy by-law^ authorizing the issue of debentures or 
 city stock to repay the amount of the temporary loan or 
 advance ; and the interest paid for such temporary loans or 
 advances shall be included in and form part of the cost of 
 such works or local improvements. 46 V. c. 43, s. 2. 
 
 Time for re- 
 loans. 
 
 S. Every by-law for borrowing money shall provide for 
 the repayment of the loan and the maturing of debentures 
 to be issued pursuant to such by-law, within the probable 
 life time of the work or improvement for which such debt 
 has been incurred, as certified by the city engineer or 
 other proper officer to be appointed b}' the council for 
 that purpose, (h) 46 V. c. 43, s. 3 ; 48 V. c. 73, s. 2. 
 
 40 V. c. 30, 5. Nothing contained in the Act passed by the Legisla- 
 
 u. 1-4, de- t^m-g of tjjg Province of Ontario in the fortieth year of the 
 
 olared to be 1 
 
 in force. („) See p. 101. 
 
 (b) The proviso to this section was repealed by 48 V. c. 73, s. 2 (Ont.) 
 
DEBT AND DEBENTURES. 
 
 reign of Her Majesty, chaptered six, entitled " An Act 
 respecting the Revised Statutes of Ontario," or any other 
 Act passed hy the said legislature subsequently thereto or 
 during this present session, shall be construed as interfer- 
 ing with the powers and rights conferred on the council 
 of the corporation of the city of Toronto, by the first 
 four sections of the Act passed by the said legislature, in 
 the said fortieth year of Her Majesty's reign, chnptered 
 thirty-nine, intituled An Act respecting the City of 
 Toroni , the Toronto Water Works and other matters, 
 or as repealing the said last mentioned Act, in so far as 
 the same authorizes the said council to construct local 
 improvements without petition therefor, where the same 
 are in the opinion of the said council necessary for sani- 
 tary or drainage purposes {c). 46 V. c. 43, s. 5. . 
 
 It^ 
 
 f. 
 
 40 Vict. c. 66 (Ont.) 
 An Act respecting the City of Toronto. 
 
 ' • , [Assented to 2oth March, 188G.] 
 
 19. The council of the corporation of the city of Toronto Reduction of 
 may pass by-laws for authorizing the reduction of the sinking fund 
 annual sinking fund rate, or amount required to be collected "°^®'^ *'^ ^' 
 under local improvement by-laws passed by the council 
 prior to the Act passed by the Legislative Assembly of 
 the Province of Ontario, in the 42nd year of the reign of 
 Her Majesty, chaptered 31, and for making allowance for 
 the interest accrued from the investment of the amounts 
 of sinking fund heretofore collected under such by-laws: 
 Provided always, that in settling the sum to be raised 
 annually for the remaining years which any such by-law 
 has to run for the payment of the debt, in lieu of the sink- 
 ing fund rate fixed by the original by-law, the rate of , 
 interest on future investments shall not be estimated at 
 more than five per cent, per annum, to be capitalized yearly : 
 Providfcd also, that no by-law reducing the sinking fund 
 rates, fixed by any such local improvement by-law, shall 
 become valid or effectual until the same shall have been 
 assented So by the Lieutenant-Governor in Council. 49 V. 
 c. 66, s. li\ 
 
 20- Tn the matter of by-laws passed, or to be passed for Power to • 
 works payable by local assessment, in order to facilitategn»r»n*ee 
 the negotiatioti of debentures issued thereunder, and add pavement 
 to their commercial value, it shall be lawful for the said debenturea. 
 
 (c) See note (a) p. 267. 
 
 ■ 4 
 
126 DEBT AND DEBENTURES. 
 
 city of Toronto to declare that the debt to be created on 
 the Hecurity of the npeciul rate settled by the by-law is 
 further guaranteed by the city at Inree, anything contained 
 in sub-8ection (rf) to section 343, of Tne Govsolidated Muni- 
 cipal Act, 1883, to tho contrary notwithstanding. 49 V. 
 c. GO, s. 20. 
 
 52 Viot. 0. 74 (Ont.) 
 
 An Act respecting the Consolidation of the Deben- 
 ture Debt of the City of Toronto. 
 
 [Assented to 23r<i March, 1889.] ; 
 
 Local im- 
 provement 
 debenture 
 debt. 
 
 IL AH future issues of debentures covering the city's 
 share of the cost of local improvement works and services 
 shall not be counted or considered as part of the general 
 Debenture Debt, but the same shall be merged into and be 
 consolidate*! with and form a part of the Local Improvement 
 Debenture Debt of the city, and the annual rates thereon 
 shall be credited to and form a part of the Consolidated 
 Local Improvement Debenture Fund of the said city, in the 
 same manner as the annual rates on the other Local Im- 
 provement Debentire Debt. 52 V. c. 74, s. 11. 
 
 (o) Street Railway DelMntares. 
 56 Vi3t. o. 00 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to \Uh April, 1892.] 
 
 Vi 
 
 Power to issue 4.. The corporation of the city of Toronto may construct, 
 *^®^'?*"™"'**'^ repair, ronew, and maintain pavements on those portions 
 pavemento. o^ *^6 streets of the said city occupied by the right of 
 way of the Toronto Railway Companj' (being a width for 
 single tracks of eight feet three inches, and for double 
 tracks of sixteen feet six inches), and to defray the cost 
 thereof, may issue local improvement debentures, co be 
 
DON IMPROVEMENT. 
 
 callfld " City of Toronto Street Rtiilway Debentures," 
 which debentureM may be made for any period not exceed- 
 ing the life of the said respective pavements as certified 
 by the city engineer, but in no case to be more than ten 
 years, and the interest upon and the amount of annual 
 sinking fund necessary to discharge the said debentures at 
 their maturity, shall be and continue during the currency 
 thereof, a first charge upon all moneys received by the said 
 city by way of mileage revenue and percentages on the 
 receipts of nnd all other revenue derived from thu said 
 Toronto Railway Company. Provided, that the amount 
 of such debentures at any time outstanding shall be limited 
 to such sum that the interest and sinking fund payable 
 thereon in any year, shall never exceed the amount re- 
 ceivable by the snid corporation in the said year by way 
 of mileage revenue and percentages on the receipts of and 
 all other revenue derived from the said company. 55 V. 
 c. 90, 8. 4 ; 56 V. c. 85, s. 1. 
 
 127 
 
 \. 
 
 \ 
 
 DON IMPROVBMBNT. 
 40 Vict. o. 66 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Assented to 2oth March, 1886.] 
 
 1. In view of the necessity which exists for improving Powers as to 
 the Don river, and securing the sanitary condition of that entering or 
 part of the city of Toronto contiguous to the said river, it J^adg""^ 
 is hereby enacted that the council of the city of Toronto making con- 
 shall have power and authority ; and they are hereby tracts, 
 authorized and empowered : — - - 
 
 1. To at any time enter with their engineers, surveyor, 
 servants or agents, upoix the land of any person or corpo- 
 ration lying between the waters of Toronto bay, or 
 Lake Ontario, and the line of Bloor street, produced 
 easterly across the river Don, and within a range or 
 distance of 1,000 feet on either side of the said river, as at 
 present located, for the purpose of making all necessary' 
 surveys, and taking all necessary levels, and doing all 
 other things necessary and proper to enable them to de- 
 termine upon the most feasible plan of improving the 
 
128 
 
 DON IMPItOVEMENT. 
 
 river Don and the lands in tho valloy on either Hide 
 thereof, adjacent thereto, and securing the sanitary con- 
 dition of the neigttbourhood ; 
 
 2. To enter upon, take, use and nccjuire nil land, and 
 land covered by water lying between the waters of Toronto 
 bay, or Luke Ontario, and the snid line of Bloor street, 
 produced easterly across the said river Don, and within a 
 range or distance of 400 feet on either side of the centre 
 line of the said river, as laid out on a map or plan prepared, 
 or to be prepared, and adopted by the siiid council, for the 
 purpose of straightening, widening, deepening, and im- 
 proving the said river, reclaiming the flat lands on either 
 side thereof, and tilling in and otherwise improving the 
 same, and fitting the said lands for such uses and purposes 
 as they may see fit ; 
 
 3. To enter upon, take, and appropriate for the use of the 
 said city, any lands of the Crown lying between tho said 
 last mentioned boundaries that have not been already 
 granted or sold, and also so much of the public beach, or 
 of the land covered with the waters of the bay or lake, 
 within a range of 500 feet on either side of the centre of 
 the said river, as shewn on the said plan ; 
 
 4. To enter into any contract or contracts with any 
 person or persons, or body corporate, who may be willing 
 to undertake the same for the puipose of straightening 
 the course of the said river Don between the line of Bloor 
 street, produced easterly, as aforesaid, and the bay, or 
 Lake Ontario (but such course need not necessarily be in 
 a straight line), for widening snid river to a width of not 
 more than 120 feet, to deepen the same to such depth as 
 the said council may see fit, to fill in, improve, and raise 
 the land on either side thereof, within the limits aforesaid, 
 to such height as the said council may see tit, and gene- 
 rally to carry out and complete all such works connected 
 with the improvement of the said river, and the securing 
 of the sanitary condition of the neighbourhood, as the said 
 council may be advised to be proper and necessary for the 
 uses and purposes contemplated by this Act; 
 
 5. To contract with the owners and occupiers of the 
 lands which the said council is hereby authorized to take, 
 within the limits aforesaid, and those having an interest 
 in or right to use the said river within the limits above 
 mentioned, for the purchase of the said lands, or of any part 
 thereof, or of any privilege that may be required for the 
 purposes of the said corporation in connection with the 
 works and improvements contemplated by this Act ; 
 
 6. In case of aay disagreement between the council and 
 the owners or occupiers of, or other persons interested 
 
 in I 
 
 corp 
 by t 
 
 GOW( 
 ind 
 pensi 
 dispi 
 arbit 
 Mun 
 that I 
 
 7. ' 
 
 the h 
 
 may s 
 
 portio 
 
 may h 
 
 vided 
 
 herein 
 
 c. 73, s 
 
 2. TJ 
 officer 
 the sec 
 contrac 
 said, thi 
 improve 
 pensatic 
 tions of 
 
 tempore 
 tain anc 
 said tot 
 in respe 
 same sh 
 *s afore! 
 said iinj 
 certificat 
 the said 
 and dete 
 agtiinst e 
 as in the 
 the provL 
 and amei 
 shall havi 
 shall caus 
 for the ci 
 in each v 
 newspape 
 s. 2 ; 52 V 
 
 8. Any 
 
 such Jot 
 
 (a) Ste 62 
 {b) See 54 
 17 
 
DON IMPKOVRMENT. Itf 
 
 in any InndH entered u|>on. taken or used by Mte said 
 corporation in the ox«rcis« (»f nny of the powers conferred ; 
 
 by this Act, or injuriously aHected by tlie exercise of said ' 
 
 Cowers, as to the aniount of purcliase money of the said 
 mds, or of any part theifcof, or as to the aniount of com- "^ 
 
 pensation to be made to any such person, eveiy siic'/i 
 dispute and claim shall be settled and determined by 
 arbitration under the provisions of The Cannot iduti'd 
 Municipal Act, ISSit, and amendments thereto, if any, on 
 that behalf. 49 V. c. Gtf, s. 1, part. 
 
 7. To lay out the said lands after the completion of 
 the improvement thereon, or on any part thereof, as they 
 may see tit, so as to form a public esplanade or highway, a 
 portion of which (to be determined by the said corporation) 
 may hereafter be set apart for railway companies as pro- 
 vided for in section 8 of this Act,(ft) and which portion is 
 herein called the reservation for railway purposes."' 52 V. 
 c. 73, t.. 2. 
 
 2- Upon the certificate of the city engineer or other AMeagment 
 officer having charge of said work or improvements, that of improve- 
 the sections of the said work embraced in the existing '"®°*"" 
 contracts have been duly completed and laid out as afore- 
 said, the said council shall cause the total cost of the lands, ' 
 improvements and works, including amounts paid for com- 
 pensation and otherwise in connection with the said fior- 
 tionsof .said improvement as aforesaid, and interest paid on 
 temporary loans, if any, to be ascertained ; and shall a.scer- 
 tain and determine the proportion, part or share of the 
 said total cost, including interest as aforesaid, chargeable 
 in respect of each and every lot or parcel of land as the 
 same shall appear upon the plan of survey so to be made « 
 
 as aforesaid, after the completion of the said portions of 
 sjiid improvement as aforesaid, of which completion the 
 certificate of the .said engineer or other officer in charge of 
 the said work shall be sufficient evidence. In ascertaining 
 and determining the amount chargeable in respect of and 
 against each lot as aforesaid, the said council shall proceed, 
 as in the case of assessing for local improvements, under 
 the provisions of The Consolidated Municipal Act, 1883, 
 and amendments thereto ; and when the said assessments 
 shall have been made and finally confirmed, the city clerk 
 shall cau.se a copy thereof to be filed in the registry office 
 for the city of Toronto, and give notice of such filing once 
 in each week for four weeks in at least two of the daily 
 newspapers published in the city of Toronto.(6) 49 V. c. G6, 
 s. 2 : 52 V. c. 73, ss. 3, 4. 
 
 3. Any person or corporation who may have owned any Conveyances 
 such lot or lots of land prior to its expropriation by the to owners of 
 
 — lota expro- 
 
 (a) Set 62 Vict. o. 73, s. 8, p. 135. pri*ted. 
 
 (fr) &'ee 64 Viot. c. 82, a. 3, p. 140. 
 17 
 
180 DOM IMPROVEMENT. 
 
 «aitl council under tlx* provisions of this Act, or the heirs 
 or aMHijrnH or successors of any sucli previous owner shall, 
 where any such h.>t adjoins other property belonging lo 
 him or tlieni, and lies between such other property and 
 the channel of the said river improvements, tit any time 
 witliin one year after the publication of the notictt of filing 
 a copy of the sai«l assessment in the registry otfico for 
 the city of Toronto, as above provided, bo entitled, upon 
 payment to the said corporation of the amount charge*! 
 against any such lot or lots, together with interest thereon 
 from the date of the assessment, to have a conveyance of 
 ^le lot or lots executed ijy the said corporation (upon 
 tendering the same for execution), and the said lot or lots 
 shall be so conveyed free and clear of idl charges and in- 
 cumbrances, atid of the lien created by this Act. 49 V. 
 c. G6. 8. 3. 
 
 Corijoration 4_ — (j^ If for any reason, such as the existence of valu- 
 than 4()0*'feet* ^^'^ buildings and improvements upon any lands situate 
 on each side within the four hundre<l feet limit on either side of the 
 of the river centre line of the Don river channel so to bo straightened 
 * '"* ' as aforesaid, or if for any other reasoti, it shall not be 
 deemed desirable to take any portion of t'le said lands 
 .beyond the quantity re(|uired tor the iv tion of the 
 new channel, and the said allowance for ruiiv, and high- 
 way purposes, the said council may take only so much 
 lai'.d as may be necessary for the purposes last above 
 mentioned, and shall take such other lands now on one 
 side of the river as shall by the effect of the improvement 
 be transferred to the other side of the river when straight- 
 ened and improved, us herein provided. 
 
 • 
 
 (2) Any lands now on one side of the river which shall 
 be cut off" from the lots to which the same now belong by 
 the effect of the proposed iinpi'ovement, and transferred 
 to the other side of the river when straightened shall, 
 upon payment of the cost thereof, together with a propor- 
 tionate part of the cost of the improvement, to be ascei'- 
 tained and <leterniined as herein provided within one year 
 after the completion of the works, be conveyed to the 
 owner of tiie lands which shall adjoin the same on such 
 other side of the river. 
 
 (3) In any case where the said council shall take a less 
 quantity of land than four humlred feet, on either side of 
 the centre line of the new channel, the lands within the 
 four hundred feet limit not taken, adjoining the improve- 
 ment, shall become liable to be specially assessed, and shall 
 be specially assessed in respect of said improvement, as 
 
 , for a local improvement, under the provisions of The 
 
 Consolidated Municipal Act, 18Sii, and amending Acts 
 in that behalf, but no such special assessment upon 
 
 t 
 
 (c) 
 
DON IMPKOVKMENT. 
 
 131 
 
 anv lot, pioou or parcel of liiiiil .stiiill vxcuu<l tlit; actual 
 viiluo of tho butictit (lerivnl l»y sai<l lan<ls fri)iii the .Hiii.l 
 iiiiprovenit'nt, tilt) iiiiiountof siK'li liunoKt to Itu asciTtaiiUMl, / 
 under the prDvisions of the inunieipal Acts, in that buhiilf. 
 49 V. c. GO, H. 4. ^ ,, 
 
 5. The council of tho corporation of the city of Toronto rublication 
 shall, Ihiforo conunoncing the Ntr.«ij^htoning an«l improve- "' «»t>"'"»to«, 
 uient of the Don river and marsh lands umler the pro- 
 visions of this Act, cause propiif plans of survey to bo 
 made, and proper plans, proKles, «Irawings, and speciHca- 
 tions, of the wurk to be done and improvements to bo 
 made, to bo prepared, and procure estimates of the prob- 
 able cost of the lands to be taken and imnrovomonts to bo 
 made, shewing the probable amount whiun will bo charged 
 against, assessed and levied unon tho lands benelited as 
 for a local improvement, and Hjo amount or proportion of -v. 
 
 the cost of such improvements which will be assumed and "^ 
 
 Eaid for by the city at large, and shall cause the same to 
 duly published for the information of the ratepayers, 
 and they shall also submit the cpiostion oi'undertaknig tho 
 said work at the estimated cost to a vote of the electors 
 qualitiod to vote on money by-laws under the provisions 
 of The GonHolldated Mtiniclpal, Act, 188J, and amending 
 Acts in that behalf. 49 V. c. GG, s. 5. 
 
 6- In the event of a majority of tho said electors voting Commence- 
 in favour of and approving the said scheme, the said '"''"^ ^^ 
 improvement and works shall be proceeded with without 
 delay, and no by-law for raising to the amount authorized 
 by tho vote of the ratepayers, any loan or loans from time 
 to time, by tho issue of debentures for any of the purposes 
 aforesaid, shall require to bo submitted to a vote of the 
 electors for approval before the final passing thereof, any- 
 thing in tho said Consolidated Mnnicipdl Act, ISS-J, and 
 amendments thereto, or any special or private Act or Acts 
 to the contrary notwithstanding. 49 V. c. 66, s. 6. 
 
 7. No debt incurred under the provisions of this Act, Expenditure 
 except so much as may be incurred to meetthat partof the".°* *"|'® °<*"- 
 cost of the .said improvements and works to be charged to p,irTof Uie 
 and paid for by the city at large as the city's share thereof, city debt, 
 shall be reckoned as the debt of the city proper, and as 
 coming within the limitation of the city debt as fixed by 
 the .said Act passed in the 42nd year of Her Majesty's reign 
 and chaptered 75.(c) 49 V. c. 66, s. 7. 
 
 8- It shall and may be lawful for the said council to Agreements 
 
 make agreements with any railway company or companies*'*'* r^i'^^y 
 ,," i-i '^ '' . ' compauies. 
 
 whereby any such railway company or companies may ac- '^ 
 quire the use of the reservation for railway purposes above 
 provitled for, upon such conditions as may be agreed upon 
 
 (c) Ste p. 101. 
 
 
132 
 
 DON IMPROVEMKNT. 
 
 between the said council and any such company or com- 
 panies : pi-ovided always that no one railway company shall 
 acquire any exclusive right of property in the same or any 
 part thereof, and ail railways sha.l be entitled to the use 
 thereof upon such terms as may be agreed upon with the 
 said council, and upon paying their just share and propor- 
 tion of any expenditure which shall have been made or 
 which may at any time require to be made for construc- 
 tion, maintenance and repairs of tracks, switches, and other 
 necessary works required for the proper U!>e thereof, and 
 the fee of the said land shall alwaj's remain in the cor- 
 poration of the city of Toronto. 49 V. c. 66, s. 8 ; 54 V. 
 c. 82, s. 5. 
 
 Work nay be 9- The said contracts may be let, and the said works may 
 donemsM* y^^ carried on and completed in sections as follows : 
 
 1. The first section shall extend from the line of Bloor 
 street produced easterly across the caid river as aforesaid^ 
 southerly to the line of Winchester street, produced easterly 
 across said river ; 
 
 2. The second section shall extend from the said line of 
 Winchester stveet, produced soutiierly to the line of Carle- 
 ton street, produced easterly across said river ; 
 
 3. The third section shall extend from the said |>roduced 
 line of Carleton street, southerly to the produced line of 
 King street across the said river ; 
 
 4. The fourth section shall extend fronj the said pi-oduced 
 line of King street, southerly to the line of Eastern avenue 
 px'oduced easterly across the said river ; 
 
 5. The fifth section shall extend fi*om the said produced 
 line of Eastern avenue, southerly to the northern boundary 
 line of the marsh lands heretofore patented to and belonging 
 to the city of Toronto. 
 
 6. The sixth section shall extend southerly, or otherwise, 
 to the waters of the bay, or Lake Ontario, and to such point 
 as may be determined by the said council. 49 V. c. GG, 
 
 8.9. 
 
 Manner in 10- The said council may commence the said works 
 
 which works and carry on the same from time to time at such point or 
 carriutloii byP*'*"*'^' '^'^^ upon such section or sections, as may to them 
 council. seem best and most advantageous. 49 V. c. GG, s. 10 ', 
 
 52 V. c. 73, 8. 5. 
 
 Erection of 
 bridgtis. 
 
 11. The said c »uncil shall have full power anil authority 
 to erect and build over and across the saiil river nt such 
 points and places, and in such manner as they may deem 
 
DON IMPROVEMENT. 
 
 ISS 
 
 "best, all such brirlges, with proper approaches thereto, as 
 they may consider necessary, and may change the location j 
 of any existing highway bridge. 49 V. c. 66, s. 11. ' 
 
 12- The said council shall also have full power andLeuingof 
 authority to lease or sell any lot or lots of the said lands, by'^'nJ^i' 
 as the same may be laid out upon the plan of survey, so to 
 be made as aforesaid, which shall remain the property of 
 cit}' of Toronto, after the time shall have expired within 
 which previous owners or their representatives may be en- 
 titled to a conveyance, as herein provided; and said lots 
 may be so leased or sold upon such terms as to the said 
 council may seem best : provided always that no such lot 
 shall be sold for a less sum than the amount appearing 
 chargeable against it by the assessment so to be made and 
 filed as aforesaid, nor shall any lot be leased for a longer 
 period or t-erm than forty-two years. Lots sold as above 
 provided, shall be sold and conveyed, freed and discharged 
 of the lien created by this Act, but the purchase money 
 thereof shall be paid into, and form part of the sinking 
 fund hereinafter mentioned. 49 V. c. 66, .s. 12. 
 
 • 13. In view of the present unsanitary condition of that Borrowing 
 part of the said river and neighbourhood hereinafter men-P^*®"' 
 tioned, and of the necessity of commencing said works 
 without delay, it shall and may be lawful for the said 
 •council, notwithstanding anything in The Consolidated 
 Municipal Act, 18S3, or any special or private Act relat- 
 ing to the city of Toronto contained, to pass such by- 
 laws as may from time to time be necessary to raise a loan 
 or loans for such amount or amounts, not exceeding in all 
 $700,000, as may be necessary for the purposes of improving 
 that i)art of the said river Don lying below and south of 
 the line of Winchester street produced easterly across the 
 said river, and the construction and completion of the works 
 connected therewith, including the purchase money for 
 lands taken and compensation for damages as above pro- 
 vided, and to issue any number of debentures payable in 
 this Province, or elsewhere, in sums of not less than $100, 
 which may be requisite and necessary therefor.((i) 49 V. 
 c. 66, s. 13 ; 52 V. c. 73, s. 6 ; 56 V. c.'85, s. 6. 
 
 14. The debentures to be issued for the purposes afore- Form of de- 
 said shall be payable in forty years from the respective '"*•**"•**• 
 dates thereof or such shorter period as the council may 
 determine with interest thereon, in the meantime, at a , 
 
 rate not exceeding six per centum per annum, payable half- 
 yearly ; and for the purpose of redeeming the said deben- 
 tures and paying the interest thereon, it shall and may be 
 lawful for the said council in any by-law or by-laws to 
 
 (d) See 54 Vict. c. 82, a. 4, p. 141. 
 
184 
 
 DON IMPROVEMENT. 
 
 Power to 
 issue deben- 
 tures under 
 42 V. c. 75. 
 
 be passed for authorizing any such loan or loans, or any 
 part thereof, and the issuing of debentures therefor, to im- 
 pose a special rate per annum upon all ratable real and 
 personal property in the municipality, to be called " The 
 Don River and Marsh Lands Improvement Rate," over and 
 above and in addition to all other rates to be levied in eadh 
 year, which shall, together with such annual sum as the 
 said council may receive from the rentals of the said lands 
 so to be improved and leased as afoiesaid, or any of them, 
 or income or revenue derived from the said improvements 
 and works, or nny of them, under jiny leases or agreements 
 in that behalf with any persons or corporations who may 
 use or occupy the same, or any part thereof, and from any 
 special assessments which shall be made upon lands bene- 
 fited, but not taken, as hereinbefore provided, be sufficient 
 to form a sinking fund to retire said debentures, when 
 the same mature, over and above the interest payable on 
 such debentures, which sinking fund shall be invested in 
 each year either in the debentures provided for by this 
 Act, or in other debentures of the municipality or govern- 
 ment debentuies. 49 V. c. 66, s. 14. 
 
 16. The said council may, in their option, in lieu of 
 issuing debentures under this Act, issue debentures to an 
 amount not exceeding the said sum of $700,000, for the 
 purposes aforesaid, under the provisions of the Act passed 
 by the legislature of the province of Ontario, in the 42nd 
 year of the reign of Her Majesty, chaptered 75, entitled. 
 An Act respecting the Debenture Debt and certain 'property 
 of the city of Toronto.{e) 49 V. c. 66, s. 15 ; 52 V. c. 73, 
 s. 7 ; 56 V. c. 85, s. 6. 
 
 Improve- 16. The v orks and improvements to be constructed 
 
 menta to be a under the provisions of this Act, and all lands to be ac- 
 charge on tboqyjj.g^j f^,. ^jjg purposes thereof, or in connection therewith, 
 and every matter and thing therewith connected, shall be 
 and they are hereby specially charged, pledged, mortgaged 
 and hypothecated for the repayment of any sum or sums 
 which may be borrowed by the said corporation for the 
 purposes of this Act, except as to so much of the debt as 
 may be incurred to defray the city's share of the cost of the 
 said improvements, including the cost of bridges as well as 
 for the due and punctual payment of the interest thereupon, 
 unless and until the same are freed and discharged under 
 the provisions of section 3 of this Act ; and all rents, issues 
 and profits, or other income in anj' manner derived there- 
 • from, or from any part thereof, shall be paid into a special 
 
 fund, and be applied in and towards the payment of the 
 interest accruing due from time to time upon any loan or 
 loans which may have been obtained under the provisions 
 of this Act, and all amounts which may be paid in or re- 
 ceived at any time and from time to time, other than 
 
 (e)iS^eep. 101. 
 
DON IMPWOVEMENT. 135 
 
 income or rents, shall be placed to the credit c T, and form 
 part of, the sinking fund created by this Act, and shall be 
 invested by the said corporation either in the purchase of 
 the debentures issued under authority of this Act, or of 
 other debentures of the city of Toronto, or of government \ 
 debentures. 49 V. c. 66, s. 16. 
 
 17. The several sections of this Act, from section 1 to Section 1-16 
 section 16, both inclusive, shall not apply to the lands or^GmnS 
 property used or requited by the Grand Trunk Railway Trunk Rail- 
 Company of Canada for their railway sidings or works, un- way. 
 less otherwise agreed upon between the said city and the 
 said company, and then only to the extent so agreed upon 
 — and with respect to any other lands of the said company 
 which mnj be affected by the improvements in the said 
 sections authorized, the said company shall fill in, and do 
 all the work required in making said improvements on the ->-. 
 
 said lands, according to the plans fixed for said works, sub- "^ 
 
 ject to the approval of the engineer in charge of the said 
 works, on behalf of the city, and no part of the property 
 of the said railway company shall be taken or charged 
 under this Act, as in the said sections provided. 49 V. 
 c. 66, s. 17. 
 
 I 
 
 structed 
 be ac- 
 
 erewith, 
 lall be 
 •tgaged 
 or sums 
 for the 
 debt as 
 it of the 
 well as 
 
 «, issues 
 d there- 
 special 
 of the 
 loan or 
 ovisions 
 in or re- 
 er thaa 
 
 52 Vict, c 78 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Assented to 23rd March, 1889.] 
 
 ****** Proceedings 
 
 8. The work heretofore done or contracted for by the the Don im- 
 corporation of the city of Toronto upon the said Donprovement 
 improvement, and the contracts entered into by the said connf^ed. 
 corporation therefor, and the plans and specifications refer- 
 red CO in the said contracts (except in so far as the said 
 contracts, plans, or specifications may have assumed to allo- 
 cate or lay out the said improvement, or any part thereof, 
 or to show how the same should ultimately be laid out or 
 allocated) and the proceedings heietofore had and taken in 
 respect of the property taken, used or injuriously affected 
 by the said improvement, or by the exercise of the powers 
 or supposed powers of the said corporation in respect 
 thereof, or otherwise by the said corporation for the pur- 
 poses of the said improvement, and all other proceedings 
 taken and had under the authority of the council of the 
 corporation of the city of Toronto, in respect of the Don 
 improvement, and in accordance with the said Act, are 
 
136 
 
 DON IMPKOVEMENT. 
 
 Rev. 
 184. 
 
 Stot. 0. 
 
 By-law 2184, 
 confirmed. 
 
 hereby validated and coniirmed ; and no change heretofore 
 made or hereafter to be made in the character or cost of 
 the said improvement, and which is authorized by the said 
 Act passed in the 49th year of Her Majesty's reign, chap- 
 ter 66, or by this Act, shall in any way affect the right of 
 the said corporation to charge against and assess and levy 
 upon the lands benefited by the said improvement, pur- 
 suant to the provisions of T/te Municipal Act and amend- 
 ing Acts and of the said Act, two-thirds of the total cost 
 of those portions of the said improvement covered by ex- 
 isting contracts ; as provided by by-law 1767, of the cor- 
 poration of the city of Toronto, and the schedule thereto.(/) 
 52 V. c. 73, s. 8. 
 
 9. Bj'-law No. 2184, of the corporation of the city of 
 Toronto, intituled " A By-law to authoiize the City Treas- 
 urer to borrow a sum not exceeding $150,000 for the pur- 
 pose of carrying on the Don improvement," and which is 
 printed as schedule A hereto, is hereby confirmed, and the 
 corporation of the city of Toronto is declared to have 
 and to have had power to pass the said by-law. 52 V. 
 c. 73, s. 9. 
 
 SCHEDULE A. 
 
 No. 2184. A By-law, 
 
 To authorize the City Treasurer to borrotv a sum not 
 exceeding 9130,000, for the purpose of carrying on 
 the Don Improvements. 
 
 [Passed November 12th, 1888.] 
 
 Whereas by an Act passed by the Legislature of the 
 Province of Ontario, in the 49th year of Her Majesty's 
 reign, chaptered 66, the corporation of the city of Toronto 
 were authorized to carrj on certain works for the improve- 
 ment of the river Don in said Act set forth ; 
 
 And whereas, in carrying on the said improvements, the 
 cost of the lands taken and work performed has far 
 exceeded the original estimates, owing to the increased 
 value of the former and unforeseen difficulties in carrying 
 on the latter ; 
 
 And whereas contracts have been given out for carrying 
 on the said improvements under said Act from King street 
 
 (/) See 54 Vict. c. 82, e. 4, p. 141. 
 

 DON IMPROVEMENT. 
 
 to Gerrard street, and from Qerrard street to the Winches- 
 ter street hridge, and the said work is being proceeded 
 with under the said contracts ; 
 
 And whereas, by a change in the original plan, it has 
 been decided to erect a high level iron bridge on Qerrard 
 street where it crosses the suid works, thus increasing the 
 cost, as per on^nal estimate, by about the sum of $45,000, 
 the erecting of which bridge is also under contract ; 
 
 And whereas a large part of the work contracted for has 
 been performed ; and owing to the approach of winter and 
 danger to the work through frost and spring floods, it is 
 absolutely necessary that the works should be proceeded 
 with as rapidly as possible, so as to placo them beyond 
 injur}* by frost and floods ; 
 
 And whereas it appeal's by a letter from the city trea- 
 surer to His Worship the Mayor dated the 8th day of 
 October, 1888, that the sum of $300,000 appropriated for 
 the purposes of the said works and improvement, has been 
 exhausted, except the sum of $3,000 ; 
 
 And whereas it is imperatively necessary for the pur- 
 poses aforesaid that the said works should not be stopped 
 at the present juncture for lack of funds ; 
 
 And whei'eas, at a conference, held on the 8th day of 
 November instant, between the Honourable the Attorney- 
 Oeneral of Ontario and a deputation of this council, the 
 Attorney-General agreed, in view of the emergency above 
 specified, that in case a by-law should be passed by this 
 council authorizing the city treasurer to borrow such 
 sums of money not exceeding in all $150,000, as might be 
 necessaiy for the purposes of carrying on the said improve- 
 ments, the Government would, at the next session of the 
 Ontario Legislature, support a bill legalizing the said loan, 
 and providing for the repayment thereof ; 
 
 Therefore the council of the corporation of the city of 
 Toronto enacts as follows : — 
 
 1. The city treasurer is hereby authorized and empow- 
 ered to borrow from such banks, corporations or persons as 
 may be willing to lend the same, and upon such terms as 
 may be necessary, such sums of money as may be required 
 for the purpose of carrying on the works of the Don 
 improvements, not exceeding in uU the sum of $150,000. 
 
 2. The said moneys so to be borrowed shall, until repaid, 
 be and constitute a char^re on all the real and personal 
 property, assets and effects of the said corporation of the 
 city of Toronto. 52 V. c. 73 Sched. 
 
 18 
 
 187 
 
 >\ 
 
 
188 
 
 By-law No, 
 
 2401 
 
 oonfirmed. 
 
 DON IMPROVEMENT. 
 
 58 Viot. o- 105 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [Aaaented to 7th of April, 1890.J 
 
 ♦ ♦♦#«# 
 
 4- By-law number 2491 of the corporation of the city 
 of Toronto (which is printed as schedule "C", hereto) is 
 hereby validated and confirmed as if the same had betn 
 passed on the 7th day of May, 1888. 53 V. c. 105, s. 4. 
 
 ,'f^ 
 
 SCHEDULE C. 
 
 (Section 4.) 
 
 No 
 
 A By-law, 
 
 To explain and amend By-law 2005 respecting the Don 
 
 Improvement. 
 
 Passed 
 
 1890. 
 
 Whereas by by-law 2005 of this corporation, passed on 
 the 7th day of May, 1888, it was recited that it had been 
 ascertained that the land expropriated by by-laws 1774 
 and 1803, for the purpose of the Don improvement, was 
 more than was necessarily required for the purpose of said 
 improvement, and that the cost of the said improvement 
 might be reduced by leducing the area of land so taken, 
 and that it was expedient to repeal by-laws 1774 and 1803 
 to the extent of the extra lands thereby taken and now no 
 longer required for said improvement, and Id enact in lieu 
 thereof a new by-law taking a less quantity of land ; and 
 whereas the enacting part of the said by-law differs from 
 said recital, and it is expedient to amend the same in order 
 to conform thereto and to the intention of this council in 
 the passing thereof; 
 
 Therefore the municipal council of the corporation of 
 the city of Toronto enacts as follows : — 
 
 1. Section 1 of by-law 2005 is hereby amended by in- 
 serting in the last line thereof, after the word "repealed," 
 the words " so far as the same affects lands not hereinafter 
 described." 
 
 2. The said amendment shall be read as if the same had 
 been made at the date of the passing of said by-law 2005. 
 53 V. c. 106, Sched. C. 
 
DON IMPROVEMENT. 
 
 ISO 
 
 54 Viot. o. 82 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Assented to 4th May, 1891.] 
 
 1. Two certain agreements made on the 23rd day of Af^eementa 
 July, 1890, between the corporation of the city of Toronto, J!;>*^C-^-^y- 
 the Canadian Pacific Railway Company and the Ontario ^ °^ ^„e_ r™^ 
 and Quebec Railway Company respecting the " Don Im- Co.continned. 
 provement," and which are printed as schedule " A" hereto, 
 
 are hereby validated and confirmed, nnd the said corpora- 
 tion of the city of Toronto is hei-eby declared to have and 
 to have had power to do all necessary acts to give effect to 
 the same. 54 V. c. 82, s. 1. ' , 
 
 2. Notwithstanding anything contained in any Acts re- Agreement 
 specting the city of Toronto or in The Railway Act o/with Toronto 
 Ontario or in any other Act of this legislature, it shall be ^'* ^or riK& 
 lawful for The Toronto Belt Line Railway Company for of way over 
 the purpose of their line of railway forthwith to enter l>on improve- 
 upon and take possession of that portion of the lands of '"®°**' 
 
 the city of Toronto, being pai't of the improvements of the 
 river Don, which may be described as follows : All and 
 singular that certain parcel or tract of land and premises 
 being composed of parts of the lands heretofore expropria- 
 ted and set apart by the city of Toronto for the purpose 
 of the Don improvement, and which may be more particu- 
 larly described as being a strip of land twelve feet in width 
 throughout lying six feet on each side of the following 
 described centre line, that is to say : Commencing at a 
 point on the south-easterly limit of Winchester street 
 where the same is intersected by the located centre line of 
 the said Belt Line Railway ; thence southerly along a 
 curve to the right of 1146 feet radius to the intersection 
 of a straight line draw^n parallel with the west limit of the 
 channel of said Don improvement, and distant 55 feet 
 measured westerly therefrom and at right angles thereto ; 
 thence southerly along said line keeping parallel with said 
 limit of said channel to a point thereon south of the inter- 
 section of Eastern avenue, being the point of tangent with 
 a curve to the right of 573 feet radius to connect with the 
 northerly track of the main line of the Grand Trunk 
 Railway at a point about 150 feet easterly on said track 
 from the east face of the east wall of the Don station ; 
 thence from the first mentioned point of tangent south- 
 westerly along said curve to the intersection of the westerly 
 limit of the westerly road laid out by the said city along * 
 
 the side of the said Don improvement, such strip of twelve 
 feet to be used by the said company for running purposes 
 only ; Provided that the said company shall only occupy 
 
140 
 
 DON IMPBOVKMENT. 
 
 said strip as lessees of the said city, and that the terms 
 and coiiaitions of the said lease shall be settled by agree- 
 ment between the said company and the said city, and 
 such agreement shall be as nearly as the circumstances 
 will permit upon the lines of the said agreement of 23rd 
 July, 1890, and in case the parties have not within ten 
 days after the passing of this Act settled the terms of such 
 agi-eement all the terms thereof so in difference shall be 
 settled and determined by arbitration as follows: E^h 
 party shall forthwith appoint an arbitrator and the two 
 so appointed shall hear and finally determine such matters 
 in difference, making their award in writing ; but if they 
 disagree then it shall be finally determined by the Honour- 
 able John M. Gibson, M.P.P., as umpire, and who shall as 
 an umpire make his award in writing, and the award shall 
 be made within two months from the passing of this Act 
 and shall be final and binding and shall not be subject to 
 appeal. (gr) 54 V. c. 82, s. 2. 
 
 Auesstnentof 3_ Notwithstanding anything herein contained the cor- 
 fited by Don poration of the city of Toronto may charge against, assess 
 improvement, and levy upon the lands benefited by the said Don im- 
 provement pursuant to the provisions of The Municipal 
 Act and amending Acts, and of the Acts relating to the 
 said improvement,(^) two- thirds of the net cost of those 
 portions of the said improvement which have been con- 
 structed by the said corporation, and in ascertaining the 
 cost of the said Don improvement, and in making the local 
 special assessments therefor the council of the corporation 
 of the city of Toronto and the city engineer or other officer 
 or officers who may be charged with that duty shall take 
 into consideration and make due allowance for any sum or 
 sums of money which the said corporation may have 
 already received before the making of such local special 
 assessments or may be entitled to receive after the making 
 thereof, under any agreements, leases or other dispositions 
 of any rights of way, or any other rights or privileges 
 granted or to be granted to any railway company, or to 
 any other corporation or person upon or along the said 
 Don improvement, or any part thereof. And after such 
 local special assessments shall have been made and con- 
 firmed, the said council shall, in the event of its granting 
 any further or other such rights or privileges upon or 
 along the said Don improvement, or any part thereof, 
 whereby it shall become entitled to receive any further or 
 other sum or sums of money for or in respect of any such 
 right or privilege, or otherwise howsoever, apply two-thirds 
 of all moneys so to be received in reduction of the said 
 annual special local assessments so to be made as aforesaid, 
 and shall make all due and proper allowances, from year 
 
 (g) Agreement between the corporation of the city of Toronto and the 
 Toronto Belt Line Railway Company. See 65-56 V. c. 61, (Dom.) p. 151. 
 
 (A) See 49 Vict. c. 66, b. 2, p. 129. 
 
com- 
 
 DON IMPROVEMENT. 141 
 
 to year as the said moneys may come in, and as occasion 
 may require. 54 V. c. 82, s. 3. 
 
 4. Notwithstanding the provisions of the Act passed in Power to 
 
 the 49th year of Her Majesty's reign, chaptered 66,( i) and of "•"• <1«^° 
 au A i J • lU -.1 I r u \M - 1 > • txmu to coi 
 
 the Act passed in the o2nd year of Her Majesty s reign, pj^f;, d^^ 
 
 chaptered 73,( j) amending the same, the corporation of the unprovemtnt. 
 
 city of Toronto may, with the assent of the electors enti- ^ 
 
 tied to vote on money by-laws, issue debentures for such ; ' , 
 
 further sums of money as may be necessary to complete 
 
 the " Don Improvement," provided fo • in the said Acts ; and 
 
 the provisions of section 8 {k) ui tiie said last mentioned 
 
 Act, shall apply to any other further sums so raised foi* 
 
 the purpose aforesaid. 54 V. c. 82, s. 4. . 
 
 /^ 
 
 SCHEDULE "A." 
 
 (Section 1.) 
 
 This agreement, made the 23rd day of July, A.D. 1890 
 Be'tween the corporation of the city of Toronto, hereinafter 
 called " the city," ol' the one part, and the Canadian 
 Pacific Railway Company and the Ontario and Quebec 
 Railway Company, hereinafter called " the company," of 
 the other part, 
 
 Witnesseth that the parties hereto do hereby mutually 
 covenant and agree the one with the other as follows : — 
 
 1. The city shall acquire in fee simple the lands required 
 by them for the Don improvement, including the strip of 
 land to be leased as hereinafter provided, and the company 
 agrees not to interfere with that title by expropriation of 
 the said strip, or of any other portion of the said property 
 acquired or to be acquired by the city as aforesaid, under 
 the Ontario Act, 49th Victoria, chapter G6, or the Acts 
 amending the same. Provided, and it is hereby agreed, 
 that the city and the company shall co-operate in obtain- 
 ing any legislation which either party may consider 
 necessary to remove any doubt as to the validity of this 
 agreement ; and in the event of such legislation being re- 
 fused and the validity of this agreement being successfully 
 impugned, the rights of the company (if any) in regard to 
 expropriation shall remain as if this agreement had not 
 been made. 
 
 2. The city shall lease or otherwise assure to the com- 
 pany in perpetuity the use of a strip of land tw^enty-six 
 feet wide, on which two tracks are to be constructed for 
 running purposes only along the Don improvement and 
 
 (i) 6'e« 49 Vict. c. 66, s. 13, p. 133. 
 (» Ste p. 135. 
 (k) Sec p. 135. 
 
142 DON IMPROVKMKNT. 
 
 80uth-weHt thereof, the location of mhIiI ^trip being herein- 
 after more particularly ile>scribe«.l ; .such use to be oh full 
 a8 the busittcsH of the company for running purposes only 
 may re<|uire — at an annual compensation, the amount and 
 terms of which are to be lixeil at intervals of fifty years 
 each by arbitration in manner hereinafter described. 
 
 3. The company shall have at all times the working, 
 control and management of the said two running tracks 
 and the arrangement of the time tables, reserving the 
 right lo any other railway company or companies using 
 
 ' the tracks (if dissatisfied with the time tables arranged by 
 
 the company), to apply to the Railway Committee of the 
 Privy Council for a readjustment of such time tables ; and 
 such Railway Committee shall have power to readjust the 
 same, but the tracks (in so far as they can be used without 
 interfering with the actual requirements of the business of 
 the company for running purposes), may be used (for run- 
 ning purposes only) by other railways to be nominated by 
 the city upon payment of such periodical compensation to 
 the company, and upon such other terms as shall be 
 determined by the Railway Committee of the Privy 
 Council, such verms to be fixed by the said committee, 
 havinjj regard amongst other things, to the amount con- 
 tributed by the company towards the construction of 
 overhead bridges and other improvements, and to the com- 
 pensation annually paid by the company, and to the 
 proportion of the use of the tracks given to such other 
 companies, and to the expenses of maintenance, repairs, 
 et cetera. The advantage of being the senior road (as is 
 usual in railway agreements for joint userj shall be in all 
 cases retained by the company. 
 
 4. If the use of the tracks by any other railway com- 
 pany or companies so nomit)ated by the city is objected to 
 by the company, the dispute shall be referred to the said 
 Railway Conimittee, and on the hearing of the matter the 
 company shall not be allowed to object on any grounds 
 except some one or more of the following grounds : 
 
 (a) That the capacity of the said two tracks is not 
 sufficient to justify their proposed user by such other com- 
 pany or companies. 
 
 (6) That the business of the railway asking admission is 
 
 of an objectionable nature ; but a railway running suburban 
 
 trains at intervals of not less than thirty minutes shall 
 
 . not be c(msidered objectionable solely on account of the 
 
 fi'equency of such trains. 
 
 (c) That in the event of the user of either of the said 
 tracks being asked for by the Grand Trunk Railway Com- 
 pany, then the Canadian Pacific Railway Company may 
 object that it should not be granted unless reciprocal rights 
 be given to the Canadian Pacific Railway over their 
 Toronto tracks. 
 
 1 
 
DON IMPKUVKMICNT. 
 
 Nothing hurein coutainuil shall l>e taken ah an approval 
 hy thu city of any of Huch uhjoctiuns. 
 
 5. Tho location of thu saiil strip and two running trackii 
 shall, in the first iiistanco, l>o as follows, that is to nay : 
 
 (jomuitincinj; at the face of the south abutment of thn 
 company's briilge over tho river Don, at or near the south 
 line of Winchester street produced ; therjce southerly 
 along the west side of the Don improvement, next west of 
 the twenty-three feet roadway adjoining the new channel 
 to a point at or near King street, an<l where the company's 
 railway lines dcHect on a curve to the south-west ; thence 
 along such curve, continuing at the same width over city 
 property, to the north side of Eastern avenue, neai- Cypress 
 street, excepting therefrom that portion crossing the road 
 allowance on the Don improvement to the soutli of King 
 street, the whole as more particularly shewn on signed 
 plan hereto attached. But this location may, from time 
 to time, be readjusted and changed as the needs of busi- 
 ness may demand ; and if the company and the city do not 
 agree as to such readjustment, the matter shall be referred 
 to and decided by the Railway Committee of the Privy 
 (Council, and upon such readjustment the rights of the 
 parties as to the strip of land in the new location and the 
 tracks thereon shall be the same as if it were the location 
 described in the original lease. 
 
 6. Nothing in this agreement shall affect any of the 
 obligations of the company under section 187 of fhe Rail- 
 VKiy Act, or tho position of the city in regard to tho pro- 
 posed expropriation by the conipan}' of certain lots on the 
 water front of Toronto; nor in case the city shall at any 
 time apply for legislation to have railway approaches 
 placed under the control of an independent trust, as recom- 
 mended by paragraph 15 of the Joint Esplanade Com- 
 mittee's report to the municipal council of the city, dated 
 24th December, 1889, shall the fact of the making of this 
 agreement be used by either pai'ty against the other in 
 reference to any such application for legislation. 
 
 (a) Subject to the requirements of section 192 of The 
 Railway Act, overhead bridges or trestles or other struc- 
 tures for the handling of traffic and for loading or unload- 
 ing freight from vessels or for passenger traffic, may be 
 erected upon and across the said Don improvement and 
 the tracks thereon at any point, and any difference or dis- 
 pute in relation thereto .shall be determined by the Railway 
 Committee of the Privy Council. 
 
 7. The company shall dredge the channel on the north 
 side of the river Don to a line with the north abutment 
 of its bridge so far as it has not already been done. 
 
 8. The company shall pay the cost of raising the road- 
 way on the west side of the Don, from the south abutment 
 
 14S 
 
144 
 
 DON IMI'ROVBMENT. 
 
 11 
 
 of it»! bri<l^e until the grmlo comon down to the level of the 
 capM of the city'M piling. 
 
 9. The coni|>any Nhull pay the coHts of the additional 
 cribbing iieceHHary to Hiistain this incrcancd enibankmont, 
 and Hhall maintain Huch additional cribbing in perpetuity. 
 
 10. The company Hhall permit the city contractor to 
 crasN its trackH at any point for the pur|)OHe of their 
 contract. 
 
 11. The company .shall provide gates and watchmen at 
 King street and Eastern avenue cro.ssing.s, and also at the 
 level croH.sings of the highway running along the west side 
 of the .said Mwitching and siding tracks. 
 
 12. The company shidl within two years from the date 
 of the agreement erect nnd maintain in perpetuity a 
 passenger station on their own land at or near the crossing 
 of the Tine of King street by the .said two running tracks. 
 
 13. The company .shall arrange with the city's contractors 
 Ro as to avoid any claim for damages on their part against 
 the Aity by reason of the company's tracks being laid on 
 the Don improvement before the works now under contract 
 are completed, and to the extent of its power the city will 
 aid the company in avoiding liability for any .such damages. 
 
 (a) The other matters mentioned in the memorandum 
 attached to Mr. Sproatt's letter of December 24th, l88iS, to 
 Mr. Van Home, a copy of which is attached hereto, are 
 not affected by anything contained in this agreement. 
 
 (6) In case the city at any time decides to construct a 
 high level bridge at Winchester .street, the company will 
 not oppose the construction thereof ; and all questions as 
 to the liability of the company to contribute toward the 
 construction thereof, and as to tht extent (if any), of such 
 contribution, shall be decided by the Railway Committee 
 of the Privy Council. 
 
 14. Until arrangements have been made for the con- 
 struction of a high level bridge at King .street crossing, the 
 company shall protect the level crossing there with gate.s 
 and watchmen as above mentioned, and to avoid the 
 dangers incident to a level cro.ssing at King street by said 
 tracks the company agrees not to oppose the construction 
 by the city of a high level bridge across the Lon im- 
 provement at this point, such bridge to be con.structed by 
 the city, and the company will contribute towards the 
 costs and expenses incident to the construction and niain- 
 tunnnce thereof, including damages to any property which 
 may be injuriously affected thereby, in such proportion as 
 the Railway Committee of the Privy Council may deter- 
 mine, and both parties hereto ngree to be bound by the 
 decision of the said committee. 
 
 ,; 1 
 
DON IMPROVKMBNT. 
 
 15. The public Hhall havu the riffht tocrosH nil trackn iit 
 f^nAo on the iiiiproveinent at Winchuntor Htreut and 
 Eastern avenue, and at eit^ht pointH iMitweun Wiiicliestt'i' 
 Htroei idge und Ea-stcrn avenue, mucIi points to bu desig- 
 nated oy the city council, and the crossings shall bo at 
 least 66 feet wi«Ie, bub after an overhead bridge at Queen 
 street crowing shall have been c(mstructe<l and open for 
 traffic, the tracks shall not be crossed at the level at that 
 point 
 
 16. The company shall keep across the said strip all 
 such grade crossings )is are above mentioned, puved or 
 planked as provided by section 4 of the Act 28 Victoria, 
 chapter 34, respecting the Toronto esplanade, and the pro- 
 visions of The JiaUmay Act as to the level highway 
 crossings shall also apply to the said crassings. 
 
 (a) In the case of the construction in the future of 
 elevated tracks running from a westerly or southerly 
 direction into grade at any point on the said strip herein- 
 before described at or south of the King street crossing, 
 there shall be, in respect of the residue of the said .><trip 
 (that is to say the part of it lying south of that point) an 
 abatement to the company of a due portion of the said 
 rent; the amount of such abatement (if dispute arise con- 
 cerning it) to be finally decided by the Railway Committee 
 of the Privy Council, as well as all questions of compensa- 
 tion to the company in respect of the disturbance of tracks 
 thereon, or other matters relating to the said residue ; 
 provided that in any such case the company shall not be 
 entitled to any compensation on the ground that the tise 
 of the residue of the said strip would be worth during the 
 unexpired porbi(m of the term any higher rent than the 
 pro|K>rtion of rent so to be abated. 
 
 17. Every matter of difference between the parties 
 hereto, and which by the terms hereof is to be settled by 
 arbitration, shall be settled as follows : Each party shall 
 appoint an arbitrator, and the two so appointed shall hear 
 and finally determine such matters or difference, making 
 their award in writing ; but if they disagree, then it shall 
 be finally determined by the person who for the time be- 
 ing, fills the office of judge of the Exchequer Coui't of 
 Canada, as umpire, and who shall, as an umpire, make his 
 award in writing, the award in either case to be final and 
 conclusive. 
 
 18. In case after seven clear days' notice, either of the 
 said parties fails to select an arbitrator, the other party 
 may apply to a judge of the High Court of Justice for 
 Ontario for such appointment, and any arbitrator so ap- 
 pointed shall have the same powers as if he had been 
 selected by the said party failing to appoint as aforesaid, 
 and the award above mentioned shall in every case be 
 
 19 
 
 14& 
 
 
 m 
 
 ill,' 
 
146 
 
 DON IMPROVEMENT. 
 
 made by the two arbitrators within three months from the 
 appointment of the second arbitrator, otherwise it shall be 
 held that the two arbitrators have disagreed. , 
 
 19. Upon the execution of this agreement by both 
 parties, immediate pos8es^sion of the said strip shall be 
 given to the company, and the antiual compensation to be 
 paid by the company to the cit}' shall be payable from the 
 date on which possession is to be given to the company, 
 and such annual compensation shall be to all intents and 
 purposes " annual rent " within the meaning of section 143 
 of The Railway Act ; and shall be a preferred claim ac- 
 cordingly, but such possession shall be given by the city 
 and taken by the company, so as to form no grounds for 
 any claim on account of it by the contractors against the 
 city, and if the company take possession so as to form 
 ground for any such claim, then the company shall bear 
 all the consequences. 
 
 20. Any other company desiring to cross the running 
 tracks of the Canadian Pacific Railway in order to obtain 
 access to the switching and unloading tracks to be laid 
 down upon the Don improvement, shall be entitled to do 
 so at such points, and upon such terras as may from time 
 to time, be determined by the Railway Committee of the 
 Privy Council. 
 
 In witness whereof, the said city has hereunto caused 
 to be affixed its corporate seal and the hands of its mayor 
 and treasurer, and the said the Canadian Pacific Railway 
 Company and the Ontario and Quebec Railway Company, 
 each its corporate seal and the hands of its president and 
 secretary. 
 
 [L.S.] 
 
 [L.S.] 
 
 [L.8.] 
 
 (Sgd.) E. F. Clarke, 
 
 Mayor. 
 
 (Sgd.) R. T. CoADY, 
 
 City 7'reaaurer. 
 
 (Sgd.) W. C. Van Hohne, 
 
 President the Canadian Pacific Railway Company. 
 
 \ 
 (Sgd.) C. DaiNKWATER, 
 
 Secretary the Canadian Pa;ific Kailioay Company. 
 
 (Sgd.) Ed B. Osler, 
 
 President the Ontario and Quebec Railway Company. 
 
 (Sgd.) C. Dl INKWATER, 
 
 Secretary the Ontario and Quebec Raihoay Company. 
 
 ^^^ 
 
kny. 
 
 DON IMPUOVEMEMT. 
 
 Supplementary Agreement. 
 
 As TO TUB Use of the Switching and Siding Tracks 
 ON THE Don Improvement. C 
 
 This agreement, made the 23rd day of July, A.D. 1890, 
 between the corporation of the city of Toronto (herein- 
 after ctvlled the city), of the one part, and the Canadian 
 Pacific Railway Company and the Ontario and Quebec 
 Railway Company (hereinafter called the company), of 
 the other part. 
 
 Witnesseth that the parties hereto do hereb}' mutually 
 covenant and agree the one with the other, as follows : 
 
 1. The city may lay down, maintain and operate such 
 tracks, switches and other works as may be necessar}'' for 
 .switching, loading and unloading purposes on the improve- 
 ment, other than the strip to be used by the company 
 under an agreement of even date herewith, and may make 
 agreements with any railway company or companies for 
 the use thereof, provided always that no one railway shall 
 have any right of property in or control over the same or 
 any part thereof, and all railways shall be entitled to the 
 use thereof upon equal terms and upon each paying its 
 just proportion of the expenses represented by the cost of 
 construction, maintenance and repairs of trucks, switches, 
 sidings and other necessary works required for the proper 
 use thereof and the cost ot" supe* vision. Until such time 
 as more than one railway commences to use the tracks on 
 the improvement upon the terms above mentioned, the 
 city shall accept as compensation from any single company 
 an amount equivalent to five per cent, per annum upon 
 one-half the cost of material used in and the expense of 
 laying the said tracks, sidings, switches *nd other necessary 
 works, provided that the maintenance and operation of 
 the said tracks and all expenses thereof shall be assumed 
 by the said compariy. Said yard tracks, sidings and 
 switches to be undei- the control of a yard master to be 
 nominated by the company or companies using the yard, 
 but appointed by, and in the employ of the city, and to 
 be removable on the demand of the said company or com- 
 panies. The said yardman, though paid by the city shall 
 be considered for all purposes as an employ^ of <be said 
 company or companies, and the city shall not be 1 .able for 
 any accident caused by any act or default of ohe said 
 yardman. 
 
 2. The company shall have no claim AgsAwX the city 
 for damage arising from defective construction, mainte- 
 nance and repair of the Don improvement, or by reason of 
 any negligence on the part of the company or companies 
 using the said yard, tracks, sidings or switches, or the 
 running tracks mentioned in an ag;eement between said 
 parties bearing even date herewith, or of any servant or 
 empli)y<5 of any said company, including the said yard- 
 
 X47^ 
 
 I 
 
 \ 
 
148 
 
 DON IMPROVEMENT. 
 
 man, and the company shall indemnify the city against all 
 damage by reason of any negligence on the part of the 
 said yardman. 
 
 In witness whereof the said city has hereunto caused ta 
 be affixed its corporate seal and the hands of its mayor 
 and tre&surer, and the said the Canadian Pacific Railway 
 Company and the Ontario and Quebec Railway Company^ 
 each its corporate seal and the hands of its president and 
 secretary. 
 
 Witness: ■'-■"^t^v ■ 
 
 [L.S.] 
 
 [L.S.] 
 
 [L.S.] 
 
 (Sgd.) 
 
 (Sgd.) 
 
 E. F. Clarke, 
 
 Mayor City of Toronto. 
 
 R. T. COADY, 
 
 City Treaturer.. 
 
 (Sgd.) W. C. Van Horne. 
 
 President the Canadian Pacific Bailway Company. 
 
 (Sgd.) C. Drinkwater, 
 
 Secretary the Canadian Pacific Railway Company, 
 
 (Sgd.) E. B. Osler, 
 
 President the Qwhec and Ontario Railway Company. 
 
 (Sgd.) C. Drinkwater, 
 
 Secretary the Quebec and Ontario Railway Company. 
 
 Appendix A. ^ 
 
 Letter from Mr. Sproatt to Mr. Van Horne, referred to in- 
 paragraph 13 (a) of the above Agreement. 
 
 Toronto, December 24th, 1888. 
 
 W. C. Van Hoi^e, Esq., President C P. E. Co., Montreal. 
 
 Dear Sir, — I enclose j'ou memo, of matters to be ar- 
 ranged and agreed to by and between the corporation of the 
 city of Toronto and the directors of the C, P. R. Co. in con- 
 nection with the laying down of their tracks on the lands 
 to be used for railway purposes, said Innds being situate in 
 the Don valley on the line of the Don injprovements. All 
 these questions were discussed at a meeting held on the 
 21st instnnt at the mayor's office, and a few of them were 
 decided, said clecisions being recorded in each case under 
 the item. Will 3'ou please give the memo, your consider- 
 ation, and let us hear from you at your earliest conve- 
 nience on the points which were left unadjusted at th& 
 meeting of tbp 21st. -* 
 
 Yours truly, 
 
 C. SpjtOA'IT, 
 
 City Engineer. 
 
DON IMPivOVEMENT. 
 
 149 
 
 lie Don Improvements. 
 3femo. of Matters to be Arranged with the C. P. R. 
 
 1. As to the diversion of Winchester street: — 
 
 (a). The company should purchase all the land required 
 for the new or diverted roadway. 
 
 (6). Grade, macadamize and fence the new rond, in- 
 demnify th" city against all claims for damages occasioned 
 by the divi sion of Winchester street, or by closing up 
 paYt thereof north of present bridge, or by narrowing 
 streets by means of new railway bridge. 
 
 (c). Pay one-half of the cost of new bridge. (See 
 Report No. 26 of the Committee on Works adopted 
 November 26, 1888.) 
 
 {d). Dredge channel on north side of river to a line 
 with the north abutment of Canadian Pacific Railway 
 bridge. (All the foregoing agreed to.) 
 
 2. As to Don improvement proper, company should — 
 
 (a). Pay cost uf raising the roadway on the west side 
 of Don from south abutment of Canadian Pacific Railway 
 bridge, say 900 feet, till the grade comes down to the level 
 of the caps of our piling. (Agreed to.) 
 
 (6). Pay cost of cribbing necessary to sustain en^bank- 
 ment. (Agreed to.) _ . 
 
 (c). Pay all extra expenses occasioned to the city by 
 reason of the raising of the embankment as proposed. (It 
 was stated by the Canadian Pacific Kailway that this por- 
 tion of the work would be completed by them, conse- 
 quently no damages could be claimed.) 
 
 (d). Pay the cost of erecting temporary bridge over 
 unfilled channel of old river, bridge to be the property of 
 the city. (Agreed to.) 
 
 (e). Indemnify the city agairist all claims for damages 
 occasioned by the Canadian Pacific Railway track crossing 
 roadway on west side of Don improvement, between King 
 street and Eastern avenue. (Unadjusted.) 
 
 (/). Pay all costs, damages and expenses which may 
 be incurred by the city in consequence of allowing the 
 Canadian Pacific Railway to occupy or use any portion of 
 the railway reservation before the works now under con- 
 tract are completed. (Mr. Van Home will arrange with 
 the contractors, and will relieve the city from any liability 
 in re same.) 
 
 {g). Agree that city's contractors may cross track at any 
 point for the purpose of their contract, (Canadian Pacific 
 Kailway will agree with contractors and fix points.) 
 
 ' HI 
 
1*9 DON IMPROVEMENT. 
 
 3. — (a). Provision should be made for protecting the 
 proposed level crossings at King street, Eastern avenue. 
 Front sireet, Olive street, Tate street, Water street, Cherry 
 street, Trinity street. Mill street, and Parliament street. 
 
 (b). Canadian Pacific Railway to indemnify city 
 against all claims for damages -by reason of high-level 
 crossings at King street and Eastern avenue. (Left un- 
 adjusted.) These are the matters which immediately 
 strike one, but further consideration may suggest others. 
 
 P. S. — The Canadian Pacific Railway Company to pay 
 for the right of way over the entire improvement. ' 
 
 N. B. — All matters to be settled by arbitration. 
 
 (Sgd.) 
 
 64 V. c. 82, Sched. 
 
 W. C. V. H., 
 C. D., 
 E. B. 0., 
 R. T. C. 
 E. F. C. 
 
 55-56 Viot. 0. 61 (Dom.) 
 
 An Act respecting certain railway works in the 
 City of Toronto. 
 
 ' ■ [Assented to 9th July, 1892.] 
 
 Declwratory. 1. So much of the work in the city of Toronto, author- 
 ized to be constructed by the coi*pcration of the said city 
 by the Act of the legislature of tne province of Ontario, 
 passed in the forty-ninth year of Her Majesty's reign, 
 chapter sixty-six, (I) and the Acts amending the same, and 
 Don improve- known as the Don Improvement, as is covered by the agree- 
 ment, ments hereinafter mentioned, or either of them, is hereby 
 declared to be a work for the general advantage of Can- 
 ada. 55-66 V. c. 61. s. 1. 
 
 Agreements 
 «oofitmed. 
 
 2- Two certain agreements, one dated the twenty-third 
 of July, one thousand eight hundred and ninety, between 
 the Canadian Pacific Railway Company and the Ontario 
 ».rA Quebec Railway Company and the corporation of 
 the city of Toronto ; and the second dated the third 
 of July, one thousand eight hundred and ninety-one, 
 between the Toronto Belt Line Railway Company and the 
 said corporation of the city of Toronto, concerning the 
 
 (0 See p. 127 et aeq. 
 
DON IMPKOVEMBNT. 151 
 
 use by the Haid companies of certain portions of the Don 
 impravements. which agreements are printed as appen- 
 dices " A " and " B " hereto respectively, are hereby 
 validated and confirmed and the parties thereto are de- 
 clared respectively to have and to have had power to do 
 all acts necessary to give effect to the said agreements. 
 55-66 V. c. 61. a 2. 
 
 8- No railway company shall, without the consent of ^*^*'"' 
 the Railway Committee of the Privy Council, erect fences hibit^. ^ 
 or construct cattle guards or other obstructions to traffic 
 upon any portion of the said Don improvement so as to pre- 
 vent the public from passing upon, over, across and along 
 the said improvement or any portion thereof. 55-56 V. 
 c. 61, s. 3. 
 
 4. Any work or proceedings commenced or to be com- Don branch, 
 menced for the purpose of constructing or completing and 
 operating the Don branch, may be carried on by the Ontario 
 and Quebec Railway Company, or by its lessee the Can- 
 adian Pacific Railway Company, as if the time named in 
 section two of chapter fifty-three of the statutes of 1888, 
 were five years instead of three years. 55-56 V. c. 61, 
 s. 4. 
 
 .■'"V, 
 
 \ 
 
 APPENDIX " A." ^ 
 
 For the agreement made the 23rd day of July, A.D. 
 1890, between the Corporation of the City of Toronto, and 
 the Canadian Pacinc Railway Company and the On- 
 tario and Quebec Railway Company, see Schedule A to 
 64 Vict. c. 82 (Ont), p. HI. 
 
 APPENDIX " B." 
 
 BELT LINE DON AGREEMENT. 
 
 Memorandum of agreement made in duplicate, this 
 third day of July, one thousand eight hundred and ninety- 
 one, between The Corporation of the City of Toronto, 
 herein called the "city," of the first part, and The 
 Toronto Belt Line Railway Company, herein called 
 the " company," of the second part ; 
 
 Whereas, under the authority of an Act of the legis- 
 lature of the Province of Ontario, passed in the forty-ninth 
 year of Her Majesty's reign, chapter sixty-six, and under 
 the authority of certain by-laws of the corporation of the 
 
152 
 
 DON IMPROVEMENT. 
 
 city of Toronto, the oity has constructed certain portions 
 of the Don improvement authorized by the said Act ; 
 
 And whereas hy the said Act, as amended by an Act of 
 the said legislature passed in the tifty-secoiid year of Her 
 Majesty's reign, chapter seventj'-three it is provided that 
 the council of the city shall have power and authority, and 
 they are thereby authorized and empowered to lay out by 
 by-law of said city, the lands used for said improvement 
 after the completion of the improvement thereon, or any 
 part thereof, as they may see fit, so as to form a public 
 esplanade or highway, a portion of which to be determined 
 by said by-law, may be set apart for railway companies, 
 and which portion is therein called " reservation for rail- 
 way purposes ;" 
 
 And whereas by an agreement, dated the twenty-thii-d 
 day of July, one thousarfd eight hundred and ninety, and 
 made between the said city and the Canadian Pacific Rail- 
 way Company, and the Ontario and Quebec Railway Com- 
 pany (herein cal.ed the " C. P. R"), a strip of twent3'-8ix 
 feet along said improvement, was leased by the city to 
 the said " C. P. R." on the terms and conditions therein 
 stated ; and by another agreement made on the same date 
 between the said parties, it was provided and agreed that 
 upon the portion of the said improvement appropriated for 
 switching, loading and unloading tracks, the city might 
 lay down such tracks, .switches and other works as might 
 be necessary for the purposes aforesaid, and might make 
 agreements with any railway company or companies, for 
 the use thereof ; and that the said yards, tracks, sidings, 
 and switches so to be laid down, should be under the con- 
 trol of a yardmaster, to be nominated by the company or 
 companies using the yard, but to be appointed by and to 
 be in the employ of the said city ; 
 
 And whereas by an Act passed in the fifty-fourth year 
 of Her Majesty's reign, chapter eighty-two, entitled An 
 Act respecting the city of Toronto, it is provided that the 
 company may forthwith enter into possession and occupy 
 that portion of the lands of the city of Toronto, being part 
 of the improvement of the river Don, which may be 
 described as follows : — All and singular that certain parcel 
 or tract of land and premises, being composed of parts of 
 the lands heretofore expropriated and set apart by the city 
 of Toronto for the purpose of the Don improvement, and 
 which may be more particularly described as being a strip 
 of land twelve feet in width throughout, lying six feet on 
 each side of the following described centre line, that is 
 to say : commencing at a point on the south-easterly limit 
 of Winchester street where the same is intersected by the 
 located centre line of the said Belt Line Railway ; thence 
 southerly along a curve to the right of eleven hundred and 
 forty-six (1146) feet radius to the intersection of a straight 
 
HH 
 
 DON IMPROVEMENT. 
 
 line drawn parallel with the west limit of the channel of 
 said Don improvement and distant fifty-five (55) feet 
 measured westerly therefrom and at right ancles thereto ; 
 thence southerly along said line keepiig parallel with said 
 limit of said channel to a point thereon south of the inter- 
 section of Eastern avenue being the point of tangent with 
 a curve to the right of five hundred and seventy-three 
 (573) feet radius to connect with the northerly track of 
 the main line of the Grand Trunk Railway at a point 
 about one hundred and fifty (150) feet easterly on said 
 track from the e&st face of the east wall of the shed at the 
 Don station ; thence from the first mentioned point of 
 tangent south-westerly along said curve to the intersection 
 of the westerly limit of the westerly ro:id laid out by the 
 said city along the said side of the Don improvement, as 
 lessees of said strip of twelve feet to be used by the said 
 company for running purposes only. 
 
 And whereas it is further provided in and by the last 
 referred to Act, that the terms and conditions of the said 
 lease of said strip shall be settled by agreement between 
 said company and the said city, and that in case the parties 
 shall not have settled the terms of said agreement v.-:thin 
 the period limited by the said Act, all the terms thereof so 
 in difierence shall be settled and determined by arbitra- 
 tion, as in said Act provided ; 
 
 And whereas the said company and the said city have 
 been unable to settle aild agree upon all the terms and con- 
 ditions aforesaid ; 
 
 And whereas Herbert A. E. Kent, Esquire, was appointed 
 by the said city as their arbitratoi*, and Robert Jivftray, 
 Esquire, was appointed by the said company as their arbi- 
 trator, to hear and determine the matters in difierence 
 between the said city and the said company ; 
 
 And whereas the said arbitrators having met and dis- 
 agreed, the said matters in difference have been finally 
 determined by the Honourable John M. Gibson, M.P.P., as 
 umpire, and the terms and conditions of the said agreement 
 a.3 so finally settled and determined by the said umpire, 
 are as follows : — 
 
 1. Now this agreement witnesseth thiit when the said 
 track is constructed upon and along the said twelve-foot 
 strip on the line shewn upon the plan hereto annexed, the 
 city will lease or otherwise assure to the company in per- 
 petuity, the use for running pui'poses only of the sai<l 
 twelve-foot strip, as shewn on said plan, and of saiil track 
 so to be laid thereon, subject to the provisions of the said 
 hereinbefore recited agreements, and to the rights thereby 
 granted to the parties thereto, and upon payment to the 
 •city of an annual compensation, to be determined at inter- 
 vals of fifty years each, by agreement between the parties 
 
 20 
 
 158 
 
154 
 
 DON IMPROVEMENT. 
 
 hereto, or failing such ngreetnent, by arbitration, as herein- 
 after provided. 
 
 2. The said compensation shall be payable quarterly', on 
 the fii-st days of January, April, July and October, in each 
 year (or on the first juridical day thereafter respectively), 
 and such annual compensation shall be to all intents and 
 purposes " annual rent " within the meaning of such sec- 
 tion 143 of The Railway Act, and shall be a preferred 
 claim accordingly. 
 
 3. Subject to the provisions of this agreement, and of the 
 said hereinbefore recited agreement, the company shall 
 have at all times the working, control and management of 
 the said track and the arrangement of the time-tables 
 thereon, reserving to any other company or companies de- 
 siring to use the tracks, or using the same, the right to 
 apply to the Railway Committee of the Privy Council for a 
 readjustment of such time-tables, and the Railway Com- 
 mittee of the Privy Council shall have the power to re- 
 adjust the same, and the said track, in so far as it can be 
 used without interfering with the actual requirements of 
 the business of the company for running purposes, may be 
 used (for running purposes only), by other railway com- 
 panies, to be named by the city upon such terms as the 
 Railway Committee of the Privy Council shall, from time 
 to time determine, having regaid, among other things, to 
 the compensation annually payable by the company to the 
 city as aforesaid, the amount contributed by the company 
 towards the corstruction of overhead bridges, and towards 
 the protection of diamond and other crossings and other 
 requirements, the proportion of the use of the said track 
 given to such other companies, and the expenses of con- 
 
 . struction of said track, maintenance, repairs, etc. The 
 advantage of being the senior road to be in all cases given 
 to the company. 
 
 4. The public shall have the right to cross the said strip 
 of land and the track so to be laid thei'eon, at grade, at 
 Winchester street and Eastern avenue, and at eight other 
 points between Winchester street bridge and Eastern 
 avenue, and also at one point between Eastern avenue and 
 the south end of the improvement on the line of the road 
 allowance which extends along the west side of the im- 
 provement ; said points to be determined by the city 
 engineer ; all such crossings to be at least sixty-six (66) 
 feet wide, and to be constructed and maintained by and 
 at the expense of the company as herein provided. 
 
 5. The company shall keep all such grade crossings 
 paved or planked, as the city engineer may from time to 
 time require, in such manner as shall be proper and suffi- 
 cient for ciossing the said strip and track at eech of such 
 crossings, and shall so construct the same as to the level at 
 which the same shall be (relatively to the said rails and 
 
DON IMPROVEMENT. 
 
 165 
 
 otherwise), and as to the materials to be used (such as 
 ballast, broken stone, pavikig or planking) and as to the 
 manner in which the same shall be so constructed and 
 kept, as the said corporation of the city of Toronto may 
 from time to time require, and shall keep and maintain the 
 same in an efficient state of repair to the satisfaction of 
 the city engineer. 
 
 6. The company shall, at its own expense, lower the 
 grade of Eastern avenue, on the said improvement, in- 
 cluding bridges and ramps, three feet or more as may be 
 directed by the city engineer. 
 
 7. The company shall also bear and pay all expenses 
 connected with the supplying, putting in, erecting and 
 maintaining of all necessary crossings by said track of 
 the lines qpon the said twenty-six foot strip of land leased 
 to the " C. P. R." by the hereinbefore recited agreement of 
 23rd July, 1890, and of all signals, semaphores, fences, 
 gates, signal houses and other protection which may during 
 such period be required for any crossings on said improve- 
 ment. 
 
 8. The company shall also, when required by the Rail- 
 way Committee of the Privy Council so to do, provide and 
 maintain in an efficient state, gates and watchmen at the 
 level crossings at Queen and Winchester streets and East- 
 em avenue, and at the south end of the improvement on 
 the line of road allowance along the west side of improve- 
 ment as aforesaid ; but after an overhead road bridge has 
 been constructed and opened for tmffic at Queen street 
 crossing, the said track shall no longer be crossed on the 
 level at that point ; and after a bridge has been erected 
 across the river Don, on the line of Amelia street produced, 
 the said city shall assume all liability in respect to the 
 further maintenance and protection of a level crossing at 
 Winchester street, if required. 
 
 9. In case the city shall construct high level bridges 
 across the improvement on the line of Eastern avenue 
 and Queen street, or either of them, the company will 
 contribute toward the cost and expenses incident to the 
 construction, reconstructions and maintenance thereof (in- 
 cluding damages to any properties which may be taken or 
 injuriously affected thereby), in such proportion as maybe 
 determined by the Railway Committee of the Privy Council 
 of Canada. 
 
 10. The company shall construct their line north of 
 Winchester street, as shewn in (dotted) red on the plan 
 hereto annexed, with an undercrossing on the line of 
 Amelia stieet (produced) the opening of the said under- 
 crossing to be thirty-five feet clear, and the headway not 
 less than fourteen feet clear ; and the company shall do 
 the necessary grading, etc., of the roadway from Rosedale 
 
 /^ 
 
 
 I! 
 
 
166 
 
 DON IMPROVEMENT. 
 
 ; 
 
 valley road to the Don river, on the line of the said under- 
 crosHJng and the connecting section of the road from Win- 
 chetiter street to said Rosedale valley road, and contribute 
 $1,000 towards the cost of the bridge to be erected over 
 the Don river, on the line «»f Amelia street (pro<luced), and 
 pay one-third of the cost of the right o'' way required from 
 Winchester street, in rear of the Necropolis, to Amelia 
 street (produced) ; thence to the river, as shewn in red on 
 plan attached hereto. In case the city at any time de- 
 cides to construct a high level bridge at Winchester street, 
 the company will not oppose the construction thereof. 
 
 11. In the event of the " Don improvemertt" being at 
 any time continued northward from Winchester street to 
 Bloor street (produced) and the said street being continued 
 eastward across the river Don. thecon)pany shall construct 
 and maintain, whenever required by the City Engineer so 
 to do, a level public road crossing over their railway on 
 the line of Bloor street, so produced eastward as aforesaid, 
 and whether the .said improvement is so continued north- 
 ward or not, the city may construct a bridge over the said 
 track or tracks of the company at the aforementioned 
 point. 
 
 12. The cutting, piling, and construction of the proposed 
 overflow channel across the head of the river Don, between 
 Amelia street (produced) and Bloor street, as shewn on 
 company's plan, and also a plan attached hereto, is to be 
 made by the company ; and the company is to be respon- 
 sible for the maintenance thereof and for any damage 
 which may be occasioned there b}', or by reason of the con- 
 struction by the company of bridges across the channel of 
 the river Don, at the points as shewn on plan hereto at- 
 tached. The company shall protect the embankment of 
 the improvement near the present site of the Winchester 
 bridge ; and also between the old abutments of the said 
 bridge and the tracks lea.sed to the Canadian Pacific Rail- 
 way Company, in manner already agreed upon by the 
 engineers of the two corporations, parties hereto, also the 
 slopes of the roadway forming Winchester street (pro- 
 duced) at rear of Necropolis. 
 
 13. The Canadian Pacific Railway Company is to have 
 the right for the purpose of reaching the switching, load- 
 ing and unloading tracks, to be constructed upon the 
 remaining twenty-four feet of the said improvement to 
 cross the said twelve-foot strip, and the track herein 
 mentioned, at such points and times, in such manner and 
 upon such terms as may be agreed upon between the com- 
 pany and the Canadian Pacific Railway Company, or (in 
 case of disagreement between them) as may be determined 
 by the city engineer. 
 
 14. The location of the company's track or tracks may 
 from time to time be readjusted and changed as the needs 
 
DON IMPROVBMKNT. 
 
 157 
 
 of the business of the city or of the company may demand, 
 and if the company and the city do not aj^ree as to such 
 readjustment, the matter shall be referred to and decided 
 by the Railway Committee of the Privy Council ; and upon 
 such readjustment, the rights of the parties shall be the 
 same as if the new location were that described in this 
 agreement. 
 
 15. Nothing herein contained shall affect any of the 
 obligations of the company under section 187 of The Rail- 
 way Act, nor in case the city shall at any time apply for 
 legislation to have railway approaches to the city placed 
 under the control of an independent trust, as recommended 
 by paragraph 15 of the Joint Esplanade Committee's re- 
 port to the city council, dated December 24th, 1889, shall 
 the fact of the making of this agreement be used by either 
 party against the other in reference to any such obliga- 
 tion. 
 
 Id. Subject to the requirements of section 192 of The 
 Railway Act, overhead bridges or trestles or other struc- 
 tures for the handling of traffic or for loading or unloading 
 freight from vessels or for passenger traffic may be erected 
 across the said strip or the track laid thereon at any point, 
 and any difference or dispute in relation thereto shall be 
 determined by the Railway Committee of the Privy Council 
 of Canada. 
 
 17. In case of the construction in the future of elevated 
 tracks running from a westerly or southerly direction into 
 grade at any point on the said twelve-foot strip hereinbefore 
 designated at or south of Queen street, there shall be (in 
 respect to the residue of the said strip lying south of that 
 point) an abatement of a due proportion of the annual com- 
 pensation to be paid by the company to the city as afore- 
 said, the amount of such abatement (if dispute arise con- 
 cerning same) as well as all questions of compensation in 
 respect or the disturbance of track or business and all other 
 questions in respect thereof to be determined by the Rail- 
 way Committee of the Privy Council of Canada ; but the 
 company shall not be entitled to any compensation on the 
 ground that the use of the residue of said strip so given 
 up would be worth during the unexpired portion of the 
 current term more than the proportion of rent so to be 
 abated. 
 
 18. Everj' matter in difference between the parties here- 
 to and which by the terms hereof is to be settled by 
 arbitration, shall be settled as follows : — Each party shall 
 appoint an arbitrator, and the two so appointed shall hear 
 and finally determine such matter in difference, making 
 their award in writing ; but if they disagree, then it shall 
 be finally determined by the person who, for the time 
 being, tills the office of judge of the Exchequer Court of 
 Canada, as umpire, and who shall, as an umpire, make his 
 
 / 
 
v» 
 
 DON IMPROVBMKMT. 
 
 award in writing, the award in either cane to be final and 
 conclusive. 
 
 10. In cane after seven clear days' notice, either of the 
 said parties fails to sHect an arbitrator, the other party 
 may apply to a judge of ihf} High Court of Justice of 
 Ontario for such appointment, and any arbitrntor so ap- 
 pointed shall have the Miuiti power as if he had been 
 selected by the said party failing to appoint as aforesaid, 
 and the award above mentioned, shall in every case be 
 made by the two arbitrators within three months from the 
 appointment of the second arbitrator, otherwise it shall 
 be held that the two arbitrators have disagreed, and the 
 said arbitrators or umpire shall have power to direct that 
 the costs of any such arbitration, reference and award 
 shall be paid by any party to said reference, and to deter- 
 mine the scale upon which such costs shall be so paid. 
 
 20. The annual compensation to be paid by the company 
 to the city, shall be payable from the date on which pos- 
 session is taken by the company, but such possession .shall 
 be given by the city and taken by the company so as to 
 form no grounds for any claim on account of it by the con- 
 titictors against the city, and if the company takes posses- 
 sion so as to form ground for any such clair 3n the 
 company shall bear all the consequences. 
 
 In witness whereof the said city has hereunto caused to 
 be affixed its corporate seal, and the hand of its mayor and 
 treasurer, and the said company its corporate seal and the 
 hands of its vice-president and secretary. 
 
 [L.S.] 
 
 [L.S.] 
 
 (Signed) E. F. Clarke, 
 
 Mayw. 
 
 (Signed) R. T. Coady, 
 
 Treasurer. 
 
 (Signed) Jno. T. Moore, 
 
 Vice-President 
 
 (Signed) H. L. HiME. 
 
 Seci'etai'y. 
 55-66 V. c. 61, App. B. (Dom.) 
 
KLBOTORAL DISTRICTS. 
 
 i» 
 
 DRILL SHBD. 
 
 60 Viot. o. 71 (Ont.) 
 
 An Act i'CHjwcting the City of Toronto. 
 
 [Asienteil to 23rd Airril, 1887.] 
 
 1. The council of the corporation of tho city of Toronto Fowan. 
 ma}' pass by-laws for the following amonsat other purposes 
 notwithstpnding anything in Tlie Conaohdated Municipal 
 Act, 1883, or any amending Actor in any special or private 
 Act relating to the said city of Toronto contained to tho 
 contrary ; 
 
 1. For entering upon, taking, and acquiring so much Acquiring 
 land in the city of Toronto as may be required for the pur- 'j"?!! '''' 
 poses of a new drill-shed for the volunteer force of the city ' 
 of Toronto, without the consent of the owners of such lands, 
 making due compensation therefor to the parties entitled 
 thereto under the provisions of The Consolidated Muni- 
 cipal Act, 1883, and amending Acts in that behalf. 50 V 
 c. 71,s. 1(1). 
 
 1 1 
 
 BLBOTORAL DISTRICTS. 
 
 Paqk. 
 
 1. Dominion Parliahbnt 159 
 
 2. Ontario Lboislaturr 160 
 
 3. AURIOULTURK AND AXIi—Stf. AaRICULTORB AND ArTS. 
 
 1. DOMINION PARLIAMENT. 
 
 R. S. G. o. 6. 
 
 An Act respecting Representation in the House 
 
 of Commons. 
 
 3. The said provinces shall for the purposes of the 
 election of members to serve in the House of Commons, 
 be respectively divided into electoral districts and be 
 represented in the House of Commons as follows, that is 
 to say :— 45 V. c, 3, s. 2, part^ 
 
'wmw^ 
 
 luo electoral districts. 
 
 Ontario. ^] 
 
 (2) In the Pi-ovince of Ontario : — a ■ 
 
 ■■'■\::' V'^ f. .:■-:/■'.,#:'•■ ■•:;«v ^ V ♦■ ; •# # t 
 
 West Toronto (28) The Electoral District of West Toronto which shall 
 consist of the wards as constituted on the f*^ urteenth day of 
 June, 1872, of St. Andrew, St. George and St. Patrick, in 
 the city of Toronto. 35 V. c. 13, s. 2, part 
 
 (29) The Electoral District of Centre Toronto which 
 shall consist of the wards as constituted on the fourteenth 
 day of June, 1872, of St. John and St. James, in the city 
 of Toronto. 35 V. c. 13, s. 2, part. 
 
 Ewt Toronto. (30) The Electoral District of East Toronto which shall 
 consist of the wards as constituted on the fourteenth day 
 of June, 1872, of St. David and St. Lawience, in the city 
 of Toronto. 35 V. c. 13, s. 2, part. 
 
 Centre 
 Toronto. 
 
 ^ ONTARIO LEGISLATURE. 
 
 57 Vict. o. 2 (Ont.) 
 
 An Act respecting the Representation of certain 
 Cities in the Legislative Assembly. 
 
 [Assented to 5th May, 189*.] 
 
 HER MAJESTY by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 1. — (1) The city of Torotjto shall be divided into four 
 electoral districts to be called respectively : — 
 
 The Electoral District of East Toronto, 
 The Electoral District of North Toronto, 
 The Electoral District of South Toronto, ^ 
 
 The Electoral District of Wist Toronto, 
 
 and eacii electoral district .shall be represented in the 
 
 Legislative A.ssembly by one member. 
 
 Eaat Toronto. (2) The Electoral District of East Toronto shall consist 
 of the present ward No. 1 and that part of the present 
 ward No. 2 lying south to the centre line of Carlton street 
 and ea'^t of the centre line of Sherbourne street, and also 
 that part of the city of Toronto known as " Toronto 
 Island." 
 
 Electoral 
 (livisiona of 
 Toronto. 
 
ESPLANADE. 
 
 161 
 
 (3) The Electoral District of North Toronto shall con- North 
 sist of all that part of the city lying north of the centre '*^°"'"**** 
 line of Carlton street and College a\enue, bounded on the 
 
 east by the centre line of Sumach street and said line pro- , , 
 
 duced northerly to the north boundary of the city, and on 
 
 the west by the centre line of Palnierston avenue. \ 
 
 (4) The Electoral District of South Toronto shall con- South 
 sist of those parts of the present wards Mos. 2, Ji, 4, and 5, Toronto, 
 lying the south of the centre line of Carlton street and 
 College avenue and bounded on the east by the centre line 
 
 of Sherbourne street, and on the west by the centre line of 
 Tecumseth street, and said centre line produced southerly 
 to the bay and Palmerston avenue. 
 
 (5) The Electoral District of West Toronto shall con- West Toronto- 
 sist of that part of the city lying west of the centre line 
 
 of Palmci'oton avenue and Tecumseth street and said 
 street produced southerly to the Bay, being the remainder ^ 
 
 of the c'ty not included in the other three electoral ^ 
 
 divisions. S'' V. c. 2, s. 1. 
 
 ELECTRIC LIGHT. 
 
 See Gas and Electric Companies. 
 
 ESPLANADE. 
 
 Credit Valley Railway— S'e? Railways. 
 
 16 Vict. c. 219. 
 
 An Act conveying to the City of Toronto certain 
 Water ^ ots, with power to the said City for 
 the construction of an Esi)lana(le. 
 
 [Assented to I4fth June, 185.3.] 
 
 WHEREAS by letters patent, under the Great Seal of preamble, 
 the Province of Upper Canada, beavrng date the 
 twenty-first day of February, in the year of our Lord, onCp^J^'? ^ ^ 
 thousand eight hundred and forty, certain water lots ore. aist Foi>. 
 tracts of land covered with water, situate in front of the 1840, reciteil. 
 said city of Toronto, and ceitain parcels or slips of land 
 21 
 
162 
 
 Esplanade. 
 
 Order in 
 Council 17th 
 Aug., 1837. 
 
 License of 
 oceupiition of 
 29th March, 
 1853, luuler 
 Orders in 
 Council of 9th 
 Decern) )er, 
 18,52, nil d 29th 
 (if March, 
 1853, recited. 
 
 situated betv/een the top of the bank and the water's edge 
 of the bay, in the said city of Toronto, adjoining to the 
 said water lots, were under the direction of an order in 
 council of the 17th August, 1837, granted to the mayor, 
 aldermen and commonalty of the said city of Toronto, 
 and their successors for ever, upon trust, to lease the said 
 water lots, or apply them to and for tlie public purposes 
 of the said city, as the common council of the said city 
 of Toronto, from time to time, might think tit to order or 
 direct: And upon the further trust tliat within three 
 years from the time the said city of Toronto should occupy 
 any of the said water lots for the uses of the said city, or 
 lease the same, an esplanade of one hundred feet in width, 
 of such materials and plan as the raid city of Toronto, by 
 Act of common council, might o der and direct, should be 
 erected and built in front of the said lots by the said city, 
 or the lessees of the said lots respectively, at the place 
 designated by the letter C, on the Record maps of the 
 Crown Land Department, and designated by the letter 0. 
 upon a plan of the said city and water lots annexed to 
 the said letters patent, subject also to the condition that 
 the said esplanade shall be kept in repair by the city or 
 its lessees, as provided for by order in council of 17th 
 August, 1837 ; and upon the further trust, that so soon as 
 the pioprietors of such water lots, in front of the said city 
 of Toronto, as had been granted previously to the date of 
 the letters patent hereinbefore in part recited, should 
 comply with tlie tei'uis ot the said letters patent, and build 
 the said esplanade in front of their respective lots, accord- 
 ing to the said plan adopted by the said city of Toronto, 
 ami in the place designated on the map annexed to the said 
 letters ])atent, to convey to such proprietors the extension 
 of the water lots adjoining to their respective lots, as by 
 the said letters patent, and the map annexed thereto is 
 provided and described, and also to convey to the owners 
 of the water lots, accoi'ding to their respective estates, 
 pieces of land at the foot of the bank, subject to such 
 general regulations, as to buildings and general improve- 
 n)ents under the direction of the corporation, as may be 
 devised by the corporation of the said city ; And whereas 
 most of the said water lots so granted to the said city of 
 Toronto, have been leased by the said city, and the said 
 leases contain a covenant on the part of the lessees, to 
 build the said esplanade within the time in the said 
 letters patent mentioned, and according to the plan 
 adopted by the common council ; And whereas by a cer- 
 tain license of occupation issued by His Excellency the 
 Governor-General, and bearing date the 29th day of March, 
 1853, which said license of occupation was so issued in 
 conformity with the orders in council of the 9th day of 
 December, 1852, and 29th March, 1853, His Excellency 
 gave and granted to the said mayor, aldermen and com- 
 mon council of the said city of Toronto, and their succes- 
 
 same. 
 
ESPLANADE. . 163 
 
 sors in office, license to occupy certain other parcels of land 
 covered with water and strips of land lying in front of the 
 said city and in the said license of occupation described, ' 
 with certain reservations in the said license of occupation 
 set forth, to have and to hold to the said mayor, aldermen 
 and common council of the said city and their successors 
 in office, for and during pleasure, subject nevertheless to 
 tiie sti|)ulations, terms and conditions therein mentioned ; 
 Aiid whereas the corporation of the city of Toronto have, 
 by their petition, prayed that authority may be given to 
 the common council of the said city to erect the pro- 
 posed esplanade in front of and upon the said water lots, 
 according to the conditions of the said letters patent, 
 license of occupation and the leases to the several tenants 
 thereof, and to issue debentures for the payment thereof, 
 payable within twenty years, redeemable by an annual 
 rate to be levied on such holders of the said water lots, 
 whether freehold or leasehold, as are unwilling or unable 
 to make their respective portions of the said esplanade at 
 their own expense, within twelve months from the first 
 day of Jarmary, one thousand eight hundred and fifty- 
 three • And whereas it would greatly conduce to the pros- 
 perity and health of the said city of Toronto, that such an 
 esplanade should be forthwith bunt, and it is advisable 
 that the prayer of the said petition be granted : 
 
 Be it therefore enacted by the Queen's Most Excellent 
 Majesty, by and with the advice and consent of the Legis- 
 lative Council and of the Legislative Assembly of the 
 Province of Canada, constituted and assembled by virtue 
 of and under the authority of an Act passed in the 
 Parliament of the United Kingdom of Great Britain and 
 Ireland, and intitutled, An Act to re-unite the provinces 
 of Upper and Lower Canada, and for the Gooernmsnt of 
 Canada, and it is hereby enacted by the authority of the 
 same. 
 
 1. That it shall an<l may be lawful to and for the Corporation 
 mayor, aldermen and commonalty of the said city i"*5[ contract 
 
 ■• rn i 1 1 • . . . . y '<'i' building 
 
 or ioronto to enter into any contract or contracts t^e Espla- 
 witli any person or persons who may be willing to nade, etc 
 undertake the same, to erect and build an esplanade in front 
 of and upon the water lots in the said city, as described 
 in the preamble and the letters patent and license of 
 occupation therein mentioned, of such materials, and accord- 
 ing to such plan as the common council of the said city 
 of Toronto may have adopted, or may hereafter adopt re- 
 garding the same, according to the prcrvisions of the said 
 letters patent. 10 V. c. 219, s. 1. 
 
 2- And be it enacted, that notwithstanding any Act of t/'orporation 
 the i^arliament of this Province to the contrary, it shall and "'"'^ 'sorrow 
 
 ,,,.,,., 11 1 , money ti> 
 
 may be lawrul tor the mayor, aldermen and commonalty build thu 
 
 II 
 
 
 11! 
 
 
 '^!!1P 
 
 I ' si 
 
\u 
 
 ESPLANADE. 
 
 «amo, and of the said city of Toronto, to pass a by-law to raise a loan 
 rate on'own- °'' '^"'^^ *" amount, not exceeding one hundred and 
 era of water twenty thousand pounds, as may be necessaiy for the 
 *•*•• purpose of constructing the said esplanade, and to issue 
 
 any number of debentures, payable in this Province or else- 
 where, in sums of not less than twenty-five pounds, which 
 may be requisite and necessary therefor, ])ayable in twenty 
 years from the respective dates thereof ; and for the purpose 
 of redeeming the same, and paying the interest thereon, it 
 shall and may be lawful to and for the common council of 
 the said city of Toronto, in any by-law to be passed author- 
 izing the said loan of one hundred and twenty thousand 
 pounds, or any part thereof, and the issuing of debentures 
 therefor, to impose a special rate per aiinum to be called 
 "The Esplanade Rate," over and above and in addition to 
 all other rates to be levied in each year, which shall be 
 sinking fund, sufficient to form a sinking fund of two per cent, per 
 annum for that purpose, over and above the interest pay- 
 able on such debentures, which sinking fund shall be in- 
 vested in each year, either in the debentures provided for 
 by this Act, or in government debentures or other Pi'o- 
 vincial securities. 16 V. c. 219, s. 2. 
 
 Such special 
 rate t«> in- 
 clude a pro- 
 vision for a 
 
 the espla 
 na<le, and no 
 tify them. 
 
 City snr- 3. And be it enacted, that when the corporation of the 
 
 Teyx)r to as- f^\^ f,[^y ^]^^\\ have built and completed that portion of the 
 
 cortAiTi 
 
 amount ssiid esfjlanade fronting upon or crossing the water lots in 
 
 payable by the said city, after the owners, proprietors or lessees of 
 owners of such lots shall have failed to construct the same within 
 the city shall ^^e time and in the manner heiein provided, ihe city sur- 
 ha.-emftdfc veyor of the said city, by an instrument under his hand 
 and seal, shall declare the <niiount which each of such owners 
 or lessees ought to pay to the said city foi' the construc- 
 tion of such esplanade upon and across such water lots 
 respectively, a copy of which instrument shall be served 
 on each such owner or lessee respectively, or sent to his 
 address by mail, if his address be known and be within 
 this Province, and not within the said city. 
 
 Provision for jf guch owner or lessee shall within one month after 
 
 ifany'sueh' such service leave with the clerk of the common council 
 
 owner de- of the said city., a notice in writing that he refuses to pay 
 
 clareshimaelf the amount declared hy the said city surveyor, as the sum 
 
 with the" payable by him in re pectof the improvement made across 
 
 amount so as- or in front of his lot, and shall also name an arbitrator to 
 
 certained, ^ct on his behalf for the purpose of deciding the value of 
 
 the said improve- ier<t, the corporation of the said city 
 
 shall also name an arbitrator on behalf of the said city, 
 
 and the two so chosen shall, within three days after the 
 
 nomination of a person to act for the said city, select a 
 
 third arbitrator, and in case they iViU to do so, the county 
 
 judge of the county of York, or of any union of coun'Ic 
 
 for the time being, of which the county of York nmy be 
 
 one, shall appoint such third arbitratoi' ; and the award or 
 
ESPLANADE. 
 
 1Q5 
 
 <letennitiation of such Arbitrators, or any two of them, 
 
 shall be final a.s to the amount chargeable on the said water 
 
 lots respectively, and the owners thereof for such improve- otherwise 
 
 ment ; but if such owner or lessee shall not leave such iiertificate ot 
 
 notice as aforesaid with the city clerk, within one month ^ ^^"^^^^^^f 
 
 as aforesaid, then the certificate of the city surveyor shall siva 
 
 bo conclusive as to the amount to be paid by such owner 
 
 or lessee : 
 
 Provided always, that if such owner or lessee be an Provision if 
 infant, or iion compos mentl», or under any other disability f'e owner be 
 
 to act for himself, or be absent from "the Pn)vince orX^ilif I'^^jf*'*' 
 
 1 111 • , 1 • r« • 1 absent, etc. 
 
 unknown, and tliere be no person in this rrovmce known 
 
 to be legally authorized to act for him in the matter upon 
 or to whom the copy of the instrument made as aforesaid 
 by the city surveyoi" can be served or sent, then the 
 county judge aforesaid, on the application of the corpo- 
 ration of the city, and on being satisfied by affidavit of 
 such fact, shall appoint an arbitrator to act for such owner 
 or lessee, and the said corporation shall appoint another, 
 and the two arbitrators so appointed shall before they act 
 as such appoint a third, or if the}' cannot agree, then the 
 said county judge on the application of either of them, 
 (after notice to the other of such application) shall appoint 
 the third arbitrator, and the award of the said arbitrators 
 or of any two of them, shall be conclusive as to the amount 
 to be paid to the said corporation by such owner or lessee : 
 
 When the amount to be paid as aforesaid shall have Sum fiiuilly 
 been conclusively ascertained by the certificate of the city ^^*'^'"^*"J.®" *** 
 surveyor or the award of arbitrators as hereinbefore pro- on the land : 
 vided, then a memorandum of such certificate or award and payable 
 may be registered in the office of the register of deeds for '"^ i^'^tal- 
 the county, and being so registered, the sum therein men-ments, 
 tioned shall thereafter be a charge upon the lands in respect 
 of which it is payable, and the said sum shall be payable 
 to the corporation of the said city, in twenty equal annual 
 instalments, to become due on the thirty-first da}' of 
 December in each year, after such registration as afore- 
 said, with interest from the same date, (or from the day 
 up to which the interest shall have been paid, as the case 
 may be), on so much of the said sum as shall be then unpaid, 
 and the said instalments and interest shall and may be 
 collected, and if not paid, may be recovered from the owners How reoover- 
 or occupiers of the said lands for the time then being, in able if not 
 like manner, with the same accumulations, and subject to^ 
 the same provisions as local taxes in the said city, and if 
 the same be not so paid or recovered, then the said lands 
 may be sold in like manner as tin- lands of non-residents 
 may be sold for non-payment of the local taxes thereon, and 
 the said instalments and interest and all lawful charges 
 shall be paid out of the proceeds of such sale, and if the 
 proceeds of the sale be inoie than sufficient to pay the same, 
 
 ; I 
 
 hi'- 
 
16G 
 
 ESPLANADE. 
 
 the surplus shall he returned to the owner of the f-aid 'ands 
 when applied for by him. 
 
 Application Any sunis received by the corpoiation of the said city 
 ".""•"^yij'"*" under this section, shall be applied towards the piiymeiit 
 <!ii8 section, o^ *he principal and interest of the debeniures issued under 
 the authority of thi.s Act, and shall be invested ant' applied 
 in the manner provided in like oases by the Upper Canada 
 12 V. c. 81. Municipal Corporations Acts. 16 V. c. 219, s. 3. 
 
 Onwhat proof 4. And be it enacted, that the uienioriindnin of the certi- 
 thememo- fJcate oi" award hereinbefore mentioned, signed by the said 
 city surveyor c'ty •'^"''^'^yor, or any two of the said arbitrators, (which 
 or the award may be in the foim or to the eflect mentioned in the 
 shall be .schedule hereunto annexed marked A) shall be legistered 
 
 regis erec. ^^ ^■^^ legister of the county of York, without any fur- 
 ther evidence of the execution of the said memorandum 
 than the signature of the persons who purport to sign the 
 same, but there shall be produced to suth register at the 
 same time, the original certificate of the said city surveyor, 
 and the original appointment in writing of the arbitrators 
 when .such memorandum is .signed by arbitrators, togetlu-r 
 with their award, which papers shall be filed bj' the said 
 register with the said memorandum, and for filing such 
 papers and legistering .such memoiandum for each lot or 
 parcel of land, such register .shall receive the sum of two 
 shillings and six pence, and no more. 16 V. c. 219, s. 4. 
 
 By-law im- 6. And be it enacted, that any by-law to be passed under 
 posing the this Act.shall not be repealed until the debt or debts created 
 reieakd unUl by this Act, and the interest thereon, .shall be paid and 
 debt and in- satisfied, and that the one hundred and seventy-eighth .sec- 
 terestare tion of the Municipal Corporations Act of Upper Canada 
 P* shall extend to any by-law passed under this Act. 16 V. 
 
 c. 219, .s. 5. 
 
 Duty of the 
 chnmberliiin 
 under this 
 Act. 
 
 6. And be it enacted, that it .shall be the duty of the 
 chamberlain of the .said city of Toronto, for the time being, 
 to keep H .special account of the .said debentures, and to 
 cany the amount received by him arising from the special 
 rate .so to be imposed as aforesaid to such account, and to 
 appropriate all and every the sum and sums of money re- 
 ceived by him on the said account solely to the liquidation 
 of the principle and interest of the said debentures. 16 V. 
 c. 219, s. 3. 
 
 Conveyance 
 of lots to the 
 proper per- 
 sons accord- 
 ing to the 
 trust in the 
 letters 
 iiatent here- 
 inbefore cited, 
 
 7. And be it enacted, that so soon as the said esplanade 
 shall be conipleted in the manner above mentioned, and the 
 general regulations as to buildings and improvements under 
 the direction of the corporation upon the system devised by 
 them, shall have been complied with, the mayor, aldermen 
 and commonalty of the said city of Toronto .shall forthwith 
 convey to the several and respective owners of the said 
 
 
ESPLANADE. 
 
 water lots entitled to the same under the said letters 
 patent, the several and respective pieces, parcels and strips 
 of land set forth and described by the said letters patent, 
 and designated on the map or plan thereto annexed : Pro- 
 vided always, that it shall and may be lawful for any of 
 the owners, proprietors or lessees of the said water lots, to 
 erect and build that portion of the said esplanade, fronting 
 upon or crossing their said respective pj-emises, upon giving 
 notice in writing to the chamberlain, tor the time being, of 
 the said city of Toronto, within two months after the pass- 
 ing of this Act, of his and their intention so to do and erect- 
 ing and building and completing the same, according to the 
 conditions of the said letters patent and the said map and 
 plan, within one year from the passing of this Act ; And 
 the said special rate authorized to be levied b}' this Act, 
 shall be rated, imposed and assessed upon such only of the 
 said owners, lessees and proprietors of the said water lots 
 as shall neglect to give the said notice, or refuse to erect 
 and build the said esplanade as aforesaid; And provided 
 always, that the said mayor, aldermen and commonalty of 
 the said city, shall commence the said esplanade within 
 one year from the said twenty-ninth day of March, one 
 thousand eight hundred and fifty-three, and shall comply 
 with, observe and perform all and every the reservations, 
 liraitatior and conditions contained in the said license of 
 occupation mentioned and in part recited in the preamble 
 to this Act. IG V. c. 219, s. 7. 
 
 8. And whereas by letters patent from the Crown, dated 
 the fourteenth day of July in the year of our Lord, one 
 thousand eight hundred and eighteen, a certain space or strip 
 of land, denominated by the letter H,on the plan of the then 
 town of Yoik, commencing at the top of the bank in the 
 western limit of the old Government Buildings reservation, 
 adjoining the south-east angle of the said town, then, north 
 sixteen degrees west four chains, more or less, to the south- 
 ern limit of Palace street, then along the southern limit of 
 the said sti-eet, and also following the southern limit of 
 Market street and Front street, until it intersects the 
 western limit of Peter street at the west end of the said 
 Town ; then, south sixteen degrees east five chains, more or 
 less, to the top of the bank, following its several turnings 
 and windings to the place of beginning, containing thirty 
 acres, more or less, with allowa"xCe for the several cross 
 streets leading from the said town to the water, was vested 
 in John Bevei'ley Robinson, William Allan, George Crook - 
 shink, Duncan Cameron and Grant Powell, all of the town 
 of York, Esquires, their heirs and assigns, for ever, in trust 
 to hold the same for the use and benefit of the inhabiti-nts 
 of the then town of York, as and for a public walk or mall 
 in front of the .said town: Be it enacted, that the said 
 trustees, or the survivors of them, shall have power to 
 transfer and convey the land so held by them as aforesaid 
 
 167 
 
 -/■■ 
 
 Proviso. 
 
 Annual pay- 
 ments afore- 
 saiil to )>e 
 imposed only 
 on owners 
 who do not 
 make their 
 share of the 
 esplanade. 
 
 Proprietors 
 may build the 
 e8pliina<le 
 themselves on 
 giving notice 
 to the uhain- 
 berlaiii. 
 
 Esplanade to 
 be com- 
 menced with- 
 in a certain 
 time. 
 
 Recital of 
 letters 
 
 patent grant- 
 ing land in 
 1S18 in trust 
 for a pul)lic 
 walk or malL 
 
 The said land 
 may l)e trans- 
 ferred to cor- 
 poration for 
 
 II 
 
 i II 
 ■'■II 
 
 ill^' 
 
168 
 
 ESPLANADE. 
 
 piirpo»e» of to the mayor, aldermen and commonalty of the city of 
 lanad'e* Toronto, to hold the same upon the same truefA and con- 
 
 ditions as are expressed in the letters patent above referred 
 to ; or the said trustees may, at their option, surrender and 
 re-convey the said land to Her Mnjesty, and the Governor 
 of this Province may thereupon, by an order in council, or 
 otherwise, transfer and convey the said land to the >aid 
 mayor, aldermen and commonalty of Toronto, u|)on the 
 same trusts and conditions as are above expressed ; and the 
 said mayor, aldermen and commonalt}' of the said city of 
 ^^"1**^011*° '''oronto shall have power by this Act, either to make the 
 the said land public walk contemplated in the original grant to the 
 after sur- trustees aforesaid, or to continue the esplanade aforesaid 
 und^KrantTo * through and in front of the said land, or to make such other 
 the city. improvements upon it, for public purposes, as the said city, 
 by its mayor, aldermen and commonalty, may from time 
 to time deem meet ; the said mayor, aldermen and com- 
 monalty being empowered by this Act to defray the 
 expense of such last mentioned improvements out of the 
 proceeds of the debentures by them hereinbefore authorized 
 to be issued as aforesaid. 16 V. c. 219, s. 8. 
 
 Certain in- 
 struments 
 confirmed 
 notwith- 
 8tandinf{ any 
 misnomer of 
 the corpora- 
 tion of 
 Toronto. 
 
 12 V. c. 81. 
 
 9. And be it enacted, that all documents, securities or 
 debentures, bondjide executed or issued before the passing 
 of this Act, by or to the said mayor, aldermen and com- 
 monalty of the said city of Toronto, in the name of the 
 said city of Toronto, oi in any other form of words desig- 
 nating the same, and to which the corporate seal of the said 
 city has c?en bovd fide affixed, shall be good and valid, 
 notwithstanding any variation in the use of the corpora- 
 tion name of the said city in such instruments from the 
 form of words prescribed by the Upper Canada Muni- 
 cipal Gorporationa Act of 1S%9. 16 V. c. 219, s. 9. 
 
 Right of 
 ordnance 
 department 
 saved. 
 
 10. Provided always, and be it enacted, that nothing in 
 this Act shall apply to or aftect any lands or property 
 vest3d in the principal officers of Her Majesty's ordnance, 
 or shall be constiued as giving any power to the mayor, 
 aldermen and commonalty of the city of Toronto, to take, 
 use or occupy any such lands, or to oblige the said prin- 
 cipal officers to do any thing or allow any thing to be 
 done in respect tliereof, or in any way to interfere with or 
 affect the rights of the said principal officers. 16 V.c. 219,s. 10. 
 
 Land in front 
 of parliament 
 buUdings re- 
 served, and 
 esplanade 
 thereon to 
 be made by 
 the govern- 
 ment. 
 
 11. Provided also, and be it enacted, that nothing herein 
 contained shall be construed to impair or atiect the right 
 of Her Majesty to the land in front of the lot now occupied 
 by the parliament buildings at Toronto, and extending 
 from Simcoe street to John street, but such land shall be 
 and remain vested in Her Majesty for the public uses of 
 the province, and that part of the said Esplanade along and 
 upon such land shall be made under the superintendence 
 of the commissioners of public works. 16 V. c. 219, s. 11. 
 
ESPLANADE. 
 
 169 
 
 13- And be it enacted, that it flhall not be lawful for any Proviaion 
 railway company to carry their railway along, upon or J^"*''''"^** '**'*" 
 across the said esplanade, without the consent of the or carrloT' 
 Oovemor in Council, nor if such consent be granted shall along.eto., the 
 any such railway be carried tvlong, upon or across the said •'■pl'*n**l»- 
 esplanade, except up5ii such line or lines, upon such level, 
 in such manner, and subject to such regulations and condi- 
 tions as the Governor in Council shall, upon the report of 
 the board of railway commissioners think fit to direct nnd 
 make; and any railway company which shall be allowed Compensa- 
 to carry their railway along, upon or across the said^^J' ^"^ 
 esplanade, shall pay such compensation to the said corpo- 
 ration as shall be agreed upon by the said corporation and 
 the company, or if not so agreed upon, shall be fixed by 
 the said board of railway commissioners, and such com- 
 pensation if so fixed as last aforesaid, may be fixed cat a 
 sum payable once for all or at a certain sum payable 
 periodically ; and if any railway company whose railway Board of Rail- 
 shall be carried along the said esplanade, shall be desirous *f„y.£°"! . 
 of having a terminus upon or in the vicinity ot the said settle termi- 
 esplanade, then such terminus may be made at such place, «»"» of any 
 and with such extent of ground, and subject to such other '""'*'^'*"^*y* 
 conditions as the said board of railway commissioners 
 shall determine. 16 V. c. 219, s. 12. 
 
 13. And be it enacted, that no debentures of the said No deben- 
 corporation of the said city of Toronto, to be issued under thirAct to 
 the authority of this Act, shall be sold by the said corpo- he disposed of 
 ration for less than their par value, bearing six per cent, under par. 
 interest per annum. 16 V. c. 219, s. 13. 
 
 14. And be it enacted, that this Act shall be a Public P"Wic Act 
 Act. 16 V. c. 219, s. 14. 
 
 SCHEDULE A 
 Esplanade Dkbt. 
 
 No. of Lot. 
 
 Name of 
 Owner. 
 
 John Jonea. 
 
 m 
 
 Description of Land, 
 
 In front of Water Lot 
 No. 5, granted or 
 leased to .Joseph 
 Styles or described 
 as foUowa, that is 
 to say : bounded 
 East by, etc. 
 
 Amount chargeable 
 
 thereon in favor of the 
 
 City of Toronto for 
 
 Esplanade Improvement. 
 
 Forty pounds. 
 
 iioha?dLe.}Arbitrator.. 
 
 or 
 Wright Line. 
 
 City Surveyor. 
 
 16 V. c. 219, Sched. 
 
vo 
 
 ESPLANADE. 
 
 18 Vict. 0. 176. 
 
 An Act tf) authorize tlio (iraiul rriink Itailway 
 ' Conipaiiy of C'aiiada to eliaii^o tlio location of 
 their lino in and near the City of Toronto. 
 
 [Astiented to Idtk May, 1855.] 
 
 Toronto re- 
 cited. 
 
 Preamble. "IITHEREAS the mayoj", ftldei'tnen and commonalty of the 
 T T city of Toronto, did l)y tlieir agreoment, made and en- 
 Agreement of tered into on the fourth day of January, one thousand eight 
 '^*'* ^?™P*"y hundred and fifty-four, covenant and a<jree to give and pro- 
 poration of vide for the use of the Grand Trunk Railway Company of 
 Canada, over, upon, across and along the esplanade, to be 
 constructed by the said city along the front thereof, three 
 railway tracks, occupying a space of forty feet in width of 
 the .said esplanade, at and for the price or sum of ten 
 thousand pounds of lawful money of this Province ; and 
 whereas the said company, after and in pursuance of the 
 said agreement, did thereupon locate their line according 
 to law, in such mode and direction as to enable them to 
 make the connection between the eastern section of their 
 railway lying to the east of the said city, and the western 
 section thereof lying to the west of the said city, over, 
 upon, across, and along the said esplanade ; and whereas 
 the said company, in consequence of the said covenant so 
 made and entered into on the part of the said city, have 
 proceeded with the execution of their works both east and 
 west of the said esplanade, and have nearly completed the 
 .same at a very large outlay ; and whereas the works of 
 the said railway between Stratford and Toronto, are in 
 such an advanced state towards completion as to admit of 
 their being opened for traffic during the ensuing autumn, 
 and also for a distance extending from the said city east- 
 ward, nearly forty miles, it has become necessary to com- 
 plete forthwith the connection between the said sections and 
 to erect the neces,sary station buildings and sidings for the 
 proper working of the said railway ; and whereas the 
 mayor, aldermen and commonalty of the said city of 
 Toronto, did on the sixteenth day of April, one thousand 
 eight hundred and fifty-five, by aformal vote of their coun- 
 Breach by cil, re.solve to annul the said contract and to break their said 
 the said cor- covenant, to the great damage, los.s, and inconvenience of 
 pora ion. ^^^ ^^j^ company, whereby the said company are likely to 
 be deprived of the advantages of their connection along the 
 said esplanade ; and whereas it has in consequence become 
 necessary to aflbrd relief to the said Grand Trunk Railway 
 Company of Canada and to give it the necessary powers 
 to alter the location of their line in and near the said city 
 of Toronto in order to connect their said sections to the 
 east and west of the .said city : 
 
EMPLANADE. 
 
 Be it therefore fnactcd Vty the Qiieen'H Most Excellent 
 Majesty, hy imd with the advice and consent of the L«'giN- 
 lative (Council and of t'.ie Lej^'islativc Av.-i'ndily uf the pro- 
 vince of Canada, constituted and assemblt'tl \>y virtue of 
 and umler the autliority of an Act pa.ssetl in tho Parlianu'iit 
 of the United Kingdom of Great Britain and Irehtnd, and 
 intituled, An Act to re-unite the Proviwen of U^Yper and 
 Lower Candila, and tor the (iorcrnment of Vanudo, and 
 it is hereby enacted by the authority of the name, 
 follows : 
 
 171 
 
 as 
 
 1. That it shall and may be lawful for the said Grand (.■ompany em- 
 Trunk Railway Company of Canada, to alter the 'oca^^'^^au^rtheloc 
 of their said line in such manner as may be found necessary tion of their 
 to enable them to make and complete the connection be- line and ac- 
 tween that portion of their line east of the said city ofq""™***^ 
 Toronto, and that portion west of the said city, b^' such perty, etc. 
 route as may be found most convenient and advantageous ; 
 and for this jiurpose it shall and may be lawful for the 
 said Grand Trunk Railway Company of Caniida, to acquire, 
 purchase, and hold in the manner prescribed by law, all 
 necessary land required in and near the said city of Tor- 
 onto ; and also to pass through, across, over, upon and 
 along such street, or streets, of the said city of Toronto, 
 or parts thereof, and lay down the necessary tracks and 
 sidings within the limits of the said city and its liberties 
 as may be necessary for the purposes aforesaid : Provided, Proviso, 
 nevertheless, that it the said city of Toronto shall, within If the corpo- 
 two years, proceed with and complete the said esplanade "w''"tu°'"' 
 in such manner as to afford the said Grand Trunk Railway esplanade and 
 (^ompany of Canada the right of way over, upon, across allow the 
 and along the same, the said railway company shall be ^?"'P*"y ^'^^ 
 bound and obliged to carry and construct their said railway ''^ ° ^*^' 
 over, upon, across and along the said esplanade when so 
 completed, on being required so to do by the said city of 
 Toronto, and on payment by the said city of all expenditure 
 and damages incurred by the said railway company, in 
 the construction of the necessary works to complete the 
 connection of their said sections of their railway east and 
 west of the said city by such routes as the said Grand Trunk 
 Railway Company of Canada may select under the autho- 
 rity of this Act ; And provided also, that if the corporation Proviso, 
 of the said city and the Grand Trunk Railway Company of Board of rail- 
 Canada cannot agree upon the location of the said line of ^"^ eoinmis- 
 railway, as authorized by this Act, through any street, or decide certain 
 streets, of the said city, or the compensation therefor, if matters if the 
 any, then the board of railway commissioners shall, upon jh^'^om)*"^ 
 receipt of written notice thereof from either the said com- tion disagree, 
 pany or the said cit}', have full power and authority to 
 decide upon the said location, and to determine the amount 
 of remuneration, if any, to be paid to the said corporation 
 by the said company, and such decision shall be final and 
 binding upon both parties. 18 V. c. 175, s. 1. 
 
 I 
 
 m 
 

 ^ 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-S) 
 
 
 ^ 
 
 1.0 
 
 1.1 
 
 11.25 
 
 1*0 ^^ 
 
 u 
 
 115 
 
 2.0 
 
 
 r.^. 
 
 
 HiotografJiic 
 
 Sciences 
 
 Coiporalion 
 
 23 WEST MAIN STRUT 
 
 WilSTIII,N.Y. MSM 
 
 (716) 172-4503 
 
> 
 
 
 ^ 
 
172 
 
 ESPLANADE. 
 
 Compaiiymay 
 contract to 
 make the 
 esplanade. 
 
 Corporation 
 empowered to 
 raise the 
 snms required 
 for purposL-a 
 connected 
 with the 
 espbuiade. 
 . Company as 
 contractors 
 may go to 
 arbitration 
 ^vith owners 
 of winter lots. 
 
 2- And be it enactad, that it shall and may be lawful 
 for the said company to make any contract or contracts 
 with the said city of Toronto for the construction of the 
 .said esplanade according to such plan and upon such 
 terms as may be agreed upon between them, anything in 
 any former .statute to the contrary notwithstanding ; and 
 the said city shall have full power and authority on such 
 contracts being made to pass any by-law or by-laws for 
 raising any mon-^y or issuing any debentures that may be 
 necessary for the construction of the said esplanade under 
 any such contract, and for the payment of any moneys for 
 any arrangement or arbitration with any water lot owner 
 or lessee, and the said comptiny shall also have power and 
 authority to make such arrangement or proceed to such 
 arbitration, if they shall deem it advisable to do so, nnd 
 any such arbitration as herein mentioned shall be in ac- 
 cordance with the provisions made for arbitrations, under 
 the provisions of the Acts relating to the said company. 
 18 V. c. 175, s. 2. 
 
 Public Act. 8. This Act .shall be a public Act. 18 V. c. 175, s. 3. 
 
 f./ 
 
 20 Viot 0. 80. 
 
 Preamble. 
 
 16 V. c. 
 dted. 
 
 219, 
 
 An Act to amend the Act conveying to the City of 
 Toronto certain Water Lots, with power to the 
 said City for the construction of an Esplanade 
 and to enable the said City to locate the Grand 
 Trunk Railroad and other Railroads along the 
 frontage of the said City. 
 
 [Amented to 10th June, 1857.] 
 
 WHEREAS under and by virtue of the Act sixteenth 
 Victoria, chapter two hundred and nineteen, the 
 mayor, alderman and commonalty of the city of To- 
 ronto, have contracted with the Grand Trunk Railway of 
 Canada, for the building and construction of an esphinade 
 in fixmt of the said city, according to a certain plan to 
 tho said contract annexed, a copj' of which plan has been 
 Kled and deposited in the office of the commissioner of 
 Crown lands in this Province, and it has become neces.sary 
 to grant further and other powers to the said the mayor, 
 alderman and commonalty of the city of Toronto, to 
 enable them to complete the said esplanade, according to 
 the said contract, and certain other work connected there- 
 with : 
 
KSPLANADE. 
 
 ITS 
 
 Therefore, Her Majesty, by and with the advice and 
 consent of the Legislative Council and Aasembly of Canada, 
 enacts as follows : 
 
 L It shall ai>d may be lawful for the said mayor, alder- The corpon- 
 men and commoiialty of the city of Toronto, and for their JJ'^^'J^^^^' 
 contractors, workmen, servants aud agents, to en^er in and upon and 
 upon all lands and water lot«, aid to cross all wharves, take landa to 
 docks, piers and premises lying w.iihir the limits of the * ^"^^^l"^^^' 
 said esplanade, as laid dotvii on the said plan annexed to esplanade, 
 the said contract, and take possession thereof, and use and 
 occupy the same to the width of one hundred feet for tlie 
 purposes of the said esplanade, and to take down and 
 remove all buildings and erections now being upon the 
 said line of the said esplanade, as laid down on the said 
 plan so annexed to the said contract, and filed andde|x>sit- 
 ed in the said office as aforesaid, and to locate the roadway, 
 of the said Grand Trunk Railway and other Railways to 
 the width of foity feet thereon, as shown on the said plan 
 doing no unnecessary damage and interfering with and^"'K"®"°* 
 
 tic GftHflft 1* V 
 
 inten-upting the approach to and the use of the saidj^^^g/ 
 wharves, docks and piers upon any of the water lots 
 crossed for the purpose of the said esplanade as little as 
 possible ; Provided always, that nothing in this or any Proviso : Act 
 previous Act contained, shall prevent the said ™*yo''>thelDcatina'*'^ 
 aldermen, and commonalty of the city of. Toronto, and of the railway 
 the several railway companies interested therein, by and in a certain 
 with the consent of the Governor in Council, within two"*""**"' 
 years from the passing of this Act, from locating the 
 different lines of the said railways along the frontage of 
 the said city, m such manner between the said forty feet 
 mentioned in the said contract and according to the said 
 plan, and the south side of Front street from the Queen's 
 Wharf to Yongc street in the said city, as shall be most 
 conducive to the public interests. 20 V. c. 80, s. 1. 
 
 2^ It shall and may be lawful for the said mayor, alder- The said cor- 
 men, aud commonidty of the city of Toronto, to contract P'"'*'^""!^*^ 
 with the said Grand Trunk Railway Couipany of Canada, fining the 
 or any person or persons, company or companies forthwith whole space 
 (and during the construction of the said esplanade under ^'**™*^®j.^jj. 
 the eaid contract), to fill up and grade to the level of the „f the e«pln- 
 said esplanade, as laid down on the said plan, the whole nade to tha 
 space lying !»6tween the northern limit of the said esplan- **>^ *"L,n 
 ade as laid down on the said plan annexed to the said property fur 
 contract, and now in the course of constroction, and the purpose of 
 present shore of the bay of Toronto, and extending from *il|>n« "P t**® 
 the said esplanade eastward to Cherry street, and west- **' 
 ward to the Queen's Wharf, and to enter in and upon and 
 pass over and along all the water lots in front of the said 
 city for that purpose, interfering with and interrupting 
 the approach to all wharves, docks, and piers, ana the 
 
174 
 
 ESPL/lMADE. 
 
 How the coat 
 of filling shall 
 be paitl. 
 
 Proviso : 
 modu of ascer- 
 taining the 
 share of the 
 cost to be 
 paid by each 
 party inter- 
 ested. 
 
 enjoyment of the same, by their respective owners and 
 occupiers oa little as possible ; and the expenses of fillin|:r 
 up and grading the same, shall be ascerUiined in manner 
 hereinafter mentioned, and shall be i*epaid to the said 
 mayor, aldermen, and commonalty of the cit}' of Toronto, 
 by the owners and other persons having estates in the 
 land on which such grading, levelling and filling in shall 
 be done, such persons being charged in an equitable pro- 
 portion according to the nature and extent of their estate 
 in the said lands, and any contract or contracts for the 
 like purpose that may heretofore and before the passing of 
 this Act have been entered into by the mayor of the said 
 city of Toronto, on the behalf of the stiid city, under the 
 sanction and authority of any I'csolution of the common 
 council of the said city, shall be legal, valid, and binding 
 on all parties named in the said contract, and shall be 
 taken and considered for all intents, purposes, and uses 
 whatsoever, as a contract made under the nnthouty and 
 provisions of this Act ; Provided R.!'.rays, that the amount 
 to be paid to the city for the said filling in, grading, and 
 levelling of such vacant space, shall be ascertained in the 
 fii'st instance by the city surve3'or, in manner as provided 
 in the said Act in inspect to the said esplanade, and all 
 sums to be paid to the ow^ners of water lots in fee, their 
 assignees, lessees, or representatives, in respect of the land 
 or lands covered with water taken by the said mayor, 
 aldermen, and commonalty of the cit}' of Toronto, for the 
 purposes of the said esplanade, as well as the amounts to 
 be paid to the said mayor, aldermen, and commonalty of 
 the city of Toronto, by the lessees or occupants of the 
 w^ater lots belonging to the city of Toronto for the con- 
 struction of the sjiid esplanade, or by any party or parties 
 whomsoever, for the tilling up, grading, and levelling of 
 thti said space north of the esplanade hereinbefore men- 
 tioned, and if the same cannot be agreed upon and adjusted 
 between the ssiid parties interested therein, shall be ascer- 
 tained and settled by arbitration, in the saute manner as is 
 provided in other cases bj' the said recited Act, and every 
 arbiti-ator appointed under the said recited Act or this Act 
 shall, before entering npon the duties of his said ofiice, be 
 sworn belore one of the judges of the superior courts of 
 this province, well, truly, and faithfully, and without 
 |)artiality to fulfil the duties thereof to the best of his 
 judgment. 20 V. c. 80, s. 2. 
 
 The said cor- 3. For and notwithstanding any Act of the Parliament 
 r* U*'*'th' '*^ of this Province, or any clause, matter, or thing therein 
 borrow money contained to the contrary, it shall and may be lawful for 
 for defraying the mayor, aldermen, and commonalty of the city of 
 the cost of Toronto, forthwith and without further notice or other 
 
 the said nl- , • . ■ ■ ^ • i r v. 
 
 ling. proceeding, to pass a by-law to raise a loan for such an 
 
 amount, not exceeding seventy-five thousand pounds, as 
 may be necessary for the purpose of filling in, grading and 
 
 Arbitration 
 in case of 
 non-agree- 
 ment. 
 
ESPLAMADK. 
 
 17ft 
 
 lent 
 
 svein 
 
 Ufor 
 
 of 
 
 fther 
 
 an 
 
 as 
 
 and 
 
 /X 
 
 levelling the said spice between the north line of the 
 esplanade and the shore of the bay. and the extensions 
 thereof as aforesaid, and to issue any number of deben- 
 tures payable in this Province or elsewhere, in sums of not 
 less than one hundred pounds, which may be requisite and 
 necessary therefor, payable in twenty years from the 
 respective dates thereof, and for the purpose of redeeming 
 the same and paying the interest thereon, a special rate 
 may be imposed as provided in the Act hereinbefore men- 
 tioned, and shall be applied in payment of interest and in 
 forming a sinking fund for principal in like manner as 
 therein provided. 20 V. c. 80, s. 3. ., , 
 
 4. And whereas the property directed by the letters ReciuL 
 patent of the twenty-first February, one thousand eight 
 liundred and forty, mentioned in the said Act, to be conv-^yed 
 to the said water lot cwners therein referred to. was intended 
 as a compensation for the land which might be taken from 
 them respectively for the esplanade, and for the expense of 
 making so much thereof as should bo made on we lands 
 taken from them respectively ; Be it enacted, that the Appeal to 
 ownera be respectively charged with their respective shares ?'""''^|^ 
 of such expense ; and if any such water lot owner or person . j^ j^jj]^ ^^ 
 having estate in any such water lot, shall be dissatisfied to compenaa- 
 with any such compensation, his claim to a further allow- ^j^ ^"L!^** 
 ance shall, if not agreed upon, be determined by arbitra- y^^gi, 
 tion as aforesaid, and in coming to such decision, the said 
 arbitrators shall take into consideration the increased 5j""Ti to 
 value of the lots by means of the improvements oontem- ^e taken into 
 plated by this Act, as well as all other matters connected oonndemtion. 
 therewith, and also the value of the strips of land between 
 the same and the top of the bsink, and of the land covered 
 with water in front thereof to be conveyed to the owners 
 in fee of the said water lots under the provisions of the 
 Act first above mentioned, and if such increased value of 
 the said water lots and the value of the said strips of land 
 and portions of land covoi-ed with water, together with the 
 expense of constructing the said esplanade, shall equal t'he 
 value of the land taken for the esplanade, it shall be the Exoess of 
 duty of the arbitrators to decide in favour of the ci'y ^'^I^^L** 
 generally, and if it shall exceed the value of the land j|^ ^ty_ 
 taken, then to decide that such excess shall be paid to the 
 city by the said water lot ownere in manner provided by 
 the said Act hereinbefore mentioned, for payments to the 
 city for the construction of the said esplanade ; Provided Ptotiso : Act 
 always, that nothing in this section contained, shall aflfect'*^*?*?'^* 
 the right, if any, of any party who may claim any strip of "* 
 
 land covered by water or otherwise, adjoining the water 
 lots granted by any patent issued prior to the said twenty- 
 first day of February, one thi usand eight hundred and 
 forty, butr the rights of such party, if any, to such strips of 
 land shall remain the same as before the passing of thl-k 
 Act. 20 V. c 80, s. 4. 
 
176 
 
 KSPtJUIAOE. 
 
 Aatopayment 0. All sums of money ordered to be paid by the said 
 ^jz tothe said n*»yo*". aldermen and commonalty of the city of Toronto, 
 oorporation to the owners of the said water lots in fee, shall be paid 
 from owners ^ within one year from the date of the decision of the said 
 of '^■♦"''"'••aibitrators, or from the date of any rule of court, ordering 
 the same, with inteiest, and the sum to be paid to the 
 mny or, aldermen and commonalty of the city of Toronto, 
 by the lessees of water lots belonging to the said city of 
 Toronto, and by all parties whomsoever, for the filling up» 
 grading and levelling between the esplanade and the snore 
 of the Bay, shall be a charge u|ion the lands in respect to 
 which the same is payable, in die manner provided as to 
 the esplanade by the first mentioned Act, from the time a 
 - ^ certificate of the said decbion of the said arbitrators 
 signed by them, or a certificate of a rule on any appeal 
 under the seal of the court from whence it issues, shall be 
 registered in the registry ofiice of the county of York, 
 for the pui-pose of which registry no other proof shall 
 be required than proof by affidavit of the handwriting of 
 the said arbitrators, or the seal of the said court ; and 
 . such moneys last mentioned shall be payable and recover- 
 able if not paid, in the manner provided for in the Act 
 ' first above mentioned, and shall be applied as by the said 
 Act is also directed. 20 V. c. 80, s. 5. 
 
 The sffid cor- 
 poration may 
 lease or sell a 
 certain strip 
 of land, not- 
 withstanding 
 any comlition 
 in the patent 
 granting it. 
 
 Application of 
 moneys aris- 
 ing therefrom. 
 
 6. For and notwithstanding any matter or thing con- 
 tained in the patent from the Crown, dated the fourteenth 
 day of July, one thousand eight hundred and eighteen, 
 mentioned in the eighth section oi the Act hereinbefore 
 referred to, it shall and may be lawful for the said mayor, 
 aldermen and commonalty of the city of Toronto, to lease 
 for any term or terms ol years, or to agree for the sale of 
 and absolutely to sell and dispose of the space or strip of 
 land in the said patent and section of the said Act described, 
 freed and discharged from any and all of the said trusts, 
 conditions nnd restrictions in the said |tatent contained ; 
 and all moneys received therefor, whether by way of rent 
 or otherwise, shall be carried to a special account by the 
 ch&uiberlain of the city of Toronto, and shall be expended 
 by the said mayor, aldermen and commonalty of the city 
 of Toronto, in the purchase, planting, ornamenting and 
 cai-e of some other piece or parcel of land to be held by the 
 said mayor, aldermen and commonalty o^ the city of 
 Toronto, upon similar trusts as are in the said patent con- 
 tained and set forth. 20 V. c. 80, s. 6. 
 
 Act not to af- f. Provided always, that nothing in this Act contained 
 fectlands^-glig^ll apply to or affect any of the lands or property for- 
 in the Old- merly vested in the principal officers of Her Majesty's 
 nance depart- ordntince and referred to in the Act |>assed in the nine- 
 ment teenth year of Her Majesty V? reign, chapteretl forty-five, or 
 
 any lands or property of Her Majesty, nor shall any of the 
 
ESPLANADE. 
 
 177 
 
 powers herein given to the mayor, nldermen and com* 
 monalty of the city of Toronto, he construed as in any 
 way applying thereto. 20 V. c. 80, s. 7. ' 
 
 8. This Act shall be taken to be a Public Act. 
 c. 80, 8. 8. 
 
 20 V. PubUc Act 
 
 28 Viot o. 84. 
 
 An Act to Legalize and confirm an agreement made ^ 
 
 between the Grand Trunk Railway Company 
 of Canada, the Great Western Railway Com- 
 pany and the Northern Railway Comjmny of 
 Canada, relating to the Toronto Esplanade, and \ 
 
 for other purposes therein mentioned. 
 
 [Aaaented to ISth March, \865.] 
 
 WHEREAS, an agreement, bearing date the twenty- p^amble. 
 second day of December, in the year of Our Lord 
 one thousand eight hundred and sixty-four, has been made 
 between the Grand Trunk Railway Company of Canada, 
 the Great Western Railway Company and the Northern 
 Railway Company of Canada, for the settlement of difter- 
 ences, and to define the rights, privileges, and obligations 
 of the several companies towards each other in respect to 
 the esplanade in the city of Toronto, and the use thereof, 
 and for other purposes therein set forth, which said agree- 
 ment is set out in the schedule to this Act ; And wl eieas 
 the said companies have petitioned that the said aigree- 
 ment may be confirmed, and it is expedient to grant the 
 prayer of the said petition : 
 
 Therefore Her Majesty, by and with the advice and 
 consent of the Legislative Council and Assembly of Canada, 
 enacts as follows : 
 
 1. The said agreement, bearing date the twenty-second Agreement 
 day of December, in the year of Our Lord one thousand between cer- 
 eight hundred and sixty-four, and which forms the sched- ***" railway 
 ule to this Act, is hereby confirmed ; and all and singular relation to 
 the provisions, stipulations, covenants and agreements, and esplanade 
 other matters and things in the said agreement contained, *''"*'*""***• 
 shall be valid and binding upon the said several railway 
 companies according to the tenor and efl'ect of the said 
 agreement. 28 V. c. 34, s. 1. 
 
 2- Esplanade street shall be deemed a public highway, Esplanaile 
 and it shall and may be lawful for the corporation of the ■*»*** *» '"• 
 city of Toronto, to grant to the said several railway com- „^1J**| * |,_ 
 
178 
 
 ESPLANADE. 
 
 way and r»ll- panies, a right of way over, upon and along twelve feet 
 pkniM'may ^^^ inches off the south part thereof for rHilway purposes, 
 have a right as in the fifth clause of the said agreement provided ; and 
 of way there- the said right of way of twelve feet six inches, and of the 
 twelve feet six inches off the north part of the south forty 
 (cat of said esplanade, shall be thereafter used and en- 
 joyed by the said railway companies for railway purposes 
 as in the said agreement mentioned. 28 V. c. 34, s. 2. 
 
 on. 
 
 Railway com- 
 panies to have 
 and exercise 
 the rights, 
 etc., stipula- 
 ted in the 
 agreement. 
 
 Proviso. 
 
 3. It shall and may be lawful for the said railway 
 companie.«>, to exercise, have and enjoy, in and upon the 
 Toronto esplanade, all and singular the rights, easements, 
 privileges, and powers in the snid agreement mentioned ; 
 but the south twenty-seven feet six inches of the said 
 ■iouth foi.<y feet of said esplanade shall, for railway pur- 
 jjoses, be exclusively used and enjoyed by the said Grand 
 Trunk Railway Companv^ as in the said agreement men- 
 tioned ; provided that tv thing in this Act or in the said 
 agreement contained, shall be understood or construed to 
 grant or convey to the said railway companies or any of 
 them, an estate in fee in the said Esplanade or any part 
 thereof. 28 V. c. 34, s. 3. 
 
 Spaces be- 
 tween tracks 
 to be so con- 
 structed by 
 railway com- 
 panies as to be 
 sufficient for 
 crossing at 
 any point. 
 
 4. It shall, from time to time, as the same may be 
 required for public use, be the duty of the said railway 
 companies, at their own expense as hereinafter specified, 
 so to construct the spaces between the rails and between 
 the tracks, and all the spaces on and over the southerly 
 fifty-two leet six inches — (the Grand Trunk Railway Com- 
 pany as to the south twenty -seven feet six inches, and the 
 said three companies as to the twenty-five feet north 
 thereof) — as shall be proper and sufiicient for cro-ssing the 
 said rails and tracks at any point, and shall so construct 
 the same as to the level at which the same shall be, rela- 
 tively to the said rails and otherwise, and as to the mate- 
 rials to be used, such as ballast, broken stone, paving or 
 planking, and as to the manner in which the same shall be 
 so constructed, a- the said corporation of the city of 
 Toronto shall approve, and shall always thereafter keep 
 and maintain the same in an efficient state of repair upon 
 notice from the said corporation of the city of Toronto. 
 28 V. c. 34, s. 4. .' - 
 
 Companies 5. The .said Companies shall not, nor shall either of them 
 not to allow ]eave standing upon the said tracks or upon the switches, 
 
 their eneines, ^i "• i i , n n . i • • • 
 
 trains, etc., to oi' upon the said twenty-five feet, any trains, cars, engines, 
 
 remain stand- materials, appliances, stock, freight, goods, or other things, 
 
 tog on the other than those cars, engines and trains, required for the 
 
 purposes of their trade with the city of Toronto in load- 
 
 > mg or discharging freight and for passenger traffic, nor for 
 
 ' • ' any longer time nor more frequently nor otherwise than 
 
 " ,,. ., shall be necessary for such purposes, nor shall they dis- 
 
BSPLANADK.' 
 
 17d 
 
 charge or unload their cars on any street crossing. 28 V. 
 c. 34, 8. 0. 
 
 6. In the event of differences arising nt any time be- 
 tween the corporation of the city of Toronto and the said 
 railway companies as to the loading, unloading, or dis- 
 charging of freight, or the alleged inconvenience of the 
 places where the the same is conducted, or the times and 
 manner of doing so, or any other obstructions arising out 
 of any of the matters or causes in the last preceding 
 section mentioned, the same shall be settled by reference 
 to the railway inspector appointed or to be appointed by 
 the railway commissioners. 28 V. c. 34, s. 6. 
 
 Settlement of 
 (Ufferenoea 
 between oom- 
 paniea and 
 corporation 
 aotodiioharg- 
 ing of freight. 
 
 7. It shall not be lawful for any or either of the said Speed at 
 railway companies to run their engines or trains over or ^^y^°^*' 
 along said esplanade at a greater rate of speed than four 
 miles an hour, unless permitted so to do by by-law of the 
 said corporation of the city of Toronto, but in no cr<se to 
 exceed the rate of s?k miles an hour. 28 V. c. 34, s. 7. 
 
 8- In case the said corporation of the city of Toronto In case of re- 
 shall refuse to grant the said twelve feet six inches of the ^"s*! J'y *^' 
 south part of esplanade street to the said railway com- ^^nt the por- 
 panics, the agreement in the schedule to this Act, and this tion of espla- 
 Act shall become inoperative, and the said corporation of "*** "*''®^^ 
 the city of Toronto and the said railway companies shall agreement to 
 severally be remitted to the position in which they sever- be inopera- 
 .>lly were before the making of the said agreement first **^®' 
 hereinbefore mentioned, notwithstanding anything in the 
 said agreement or in this Act contained. 28 V. c. 34, s. 8. 
 
 9. This Act shall be a Public Act. 28 V. c. 34, s. 9. Public Act. 
 
 SCHEDULE TO THE FOREQOINO ACT. 
 
 Articles of agreement had, made, entered into, and fully 
 agreed upon, the twenty -second day of December, in the 
 year of Our Lord one thousand eight hundred and sixty- 
 four, by and between the Grand Trunk Railway Company 
 of Canada of the first part, the Great Western Railway 
 Company of the second part, and the Northern Railway 
 Company of Canada, of the third part : 
 
 Whereas differences have arisen between the said rail- 
 way companies parties hereto as to their respective rights 
 upon the esplanade in the city of Toronto: — For the 
 settlement of these differences and clearly to define the 
 rights, privileges, and obligations of the said several com- 
 panies towards each other in respect to the said esplanade, 
 and the use thereof, they have mutually and respectively 
 
180 
 
 ESPLANADE. 
 
 •greed to become parties to these presents, and to be 
 bound by the covenants, provisions, and stipuhitions, here- 
 inafter contained. 
 
 Fimtly. — It is hereby declared and agreed by and be- 
 tween the several companies, parties hereto, that it shall 
 and may be lawful for the said Northern Railway Company, 
 and their successors, and they are hereby fully authorized 
 and empowered at any time when judged expedient by the 
 said company so to do, to lay down, construct, maintain, 
 and keep on the north twelve feet six inches of the south, 
 forty feet of the said esplanade, a trnck or ti'scks exten- 
 ding from their present railway stntion easterly to a point 
 a short distant west of the lot known as Dr. Rees' lot, being 
 the point where the main line of the Qr'>nd Trunk Rail- 
 way now crosses Esplanade street near Rees' wharf, and at 
 the said point to join and connect with the said Grand 
 Trunk main line, and to run the trains, locomotives, and 
 cars of any description of the said Northern Railway 
 Company, on and over the said Grand Trunk main line, 
 from t'.e said point of intersection to York street ; subject 
 nevertheless, to^the provisions contained in clauses eight 
 and nine of this agreement ; and until such track shall be 
 laid and constructed, it shall and may be lawful for, and 
 the said Northern Railway Company are hereby expressly 
 declared to have the right, easement, privilege, and power 
 to use one of the tracks of the said Grand Trunk Railway 
 now laid from Brock to York street aforesaid, for the run- 
 ning of trains, cars, and locomotives, and to connect at 
 Brock street aforesaid, with the said Grand 'i'runk line by 
 moans of the necessary switch for that purpose. 
 
 Secondly. — It is hereby further declared and agreed by 
 and between the said several railway companies, parties 
 hereto, that it shall and may be lawful, from time to time, 
 and at all times hereafter, for the said Great Western Rail- 
 way Company, and they are hereby declared to have the 
 right, easement, privilege, and power to join and connect 
 with the said Grand Trunk Railway Company's main line 
 by means of a switch at a point near Pf^ter street, and to 
 run the trains, locomotives, and cars of any description of 
 the said Great Western Railway Company, on and along 
 the baid Grand Trunk line from the point of junction 
 aforesaid, easterly to York street aforesaid ; subject, never- 
 theles.s, to the provisions contained in the eighth and ninth 
 clauses of this agreement. 
 
 Thirdly. — It is hereby further declared and agreed by 
 and between the said several railway companies, parties 
 hereto, that it shall be the duty of the said Grand Trunk 
 Railway Company, with all reasonaole speetl, and on or 
 before the fifteenth day tif May, in the year of Our Lord, 
 one thousand eight hundred and sixty-five, if the Act for 
 legalizing and confirming the agreement hereinafter men- 
 
R8PLANADB. 
 
 tioned, l>e parsed during the next ensuing so-snion of Parlia- 
 ment, to make, build and lay n railway track of the proper 
 giiage, and in a .substantial and workmanlike manner on 
 the north twelve feet six inches of the said south forty 
 feet of the said esplanade, extending easterly to the end 
 of the said osplnnatle, from the point at York street, where 
 the privilege of running over the said line of the Grand 
 Trunk Railway granted to the said Northern Railway Com- 
 pany and the said Great Western Railway under clauses 
 one and two of this agreement terminates, and it shall 
 and may be lawful for the said several railway companies, 
 )>arties hereto, to use and enjoy the said track so construc- 
 ted, in common, for the traffic and running purposes of the 
 said several railways ; Provided, always, that it shall not 
 be lawful for the said Grand Trunk Railway Company to 
 use the said track in any manner for the througti traffic 
 purposes of that company. 
 
 Fourthly. — It is hereby further declared and agreed by 
 and between the said several railway companies, parties 
 hereto, that the soMtli twenty-seven feet six inches of the 
 said south forty feet of the said esplanade, shall, for rail- 
 way purposes, be vested in and exclusively used and enjoyed 
 by the said Grand Trunk Railway Company. 
 
 Fifthly. — It is herebj'^ further agreed by and between 
 the said several companies, parties hereto, that application 
 shall be made on behalf of said companies to the corpora- 
 tion of the city of Toronto, to grant to the said several 
 railway companies, parties hereto, and their respective 
 successors, twelve feet six inches in width of the south 
 part of Esplanade street, adjoining the northern limit of 
 the said south forty feet of the said esplanade, along the 
 whole length of said Esplanade street, for railway pur- 
 poses ; and the said piece of land so granted, shall be 
 vested in the said several railwaj' companies in common, 
 to be used for sidings for loading and unloading freight, 
 and purposes nece':3arily incidental thereto ; such sidings 
 to be completed on or before the fifteenth day of Maj , in 
 the year of Our Lord one thousand eight hundred and 
 sixty-five. 
 
 Sixthly. — And it is hijreby further declared and agreed 
 by and betweea the said several railway companies, parties 
 hereto, that application on their behalf shall be made to 
 the Parliament of this Province for an Act to legalize and 
 confirm this agreement ai.\d the provisions therein contained, 
 and to vest in the said several railway companies in com- 
 mon for railway purposes, the said two strips of land of 
 twelve feet six inches each, being the north twelve feet 
 six ir: .hes of the said south forty feet of the said espla- 
 nade, and the south twelve feet six inches of Esplanade 
 street, together making a strip of land twenty-five feet in 
 width along the whole length of the said esplanade east- 
 
 181 
 
 HI 
 
 I 
 
 \ 
 
 ! 
 
182 EHPLANADR. 
 
 erly from York street ; Hiibject, nevertheless, to the respec- 
 tive rights of the said several railway companies as herein 
 declared in relation to each other ; And the manner of work- 
 ing the several trains of the said companies upon the said 
 tracks on the twenty-Hve feet to he used in common, east- 
 erly from York street to the end of thu esplanade, shall 
 be mutually agreed upon between the said companies, and 
 failing such agreement shall be settled by arbitration in 
 the manner provided for in clause twelve of this agree- 
 ment; and that upon the said Act being oVttained, the 
 grant by the city of Toronto of twenty-five feet of land 
 along said esplanade to the Great Western Railway Com- 
 pany, and the Northern Railwny Company, shall hecomo 
 and be null and void ; Provided alwrys, thnt nothing con- 
 tained in clauses four, five and six ul this ngreement shall 
 be held or taken in any way to interfere with the rights of 
 the public as now existing, to cioss for the purposes of 
 ordinary traffic the fifty -two feet six inches used for making 
 tracks, nor to prevent the said r-iilway companies in the 
 sam(> manner as and as part of the general public crossing 
 the same, but nothing herein contain'jd shall authorize the 
 crossing the same by means of railway tracks or rails. 
 
 Seventhly. — It is hereby further declared and agreed by 
 and between the snid several railway companies, parties 
 hereto, that upon, from and after the passing of the said 
 Act, all claim and right whatsoever, which the Grand 
 Trunk Railway Company may have, or pretend to have, 
 to any right of way or other easement or privilege upon 
 or through the grounds of the said Northern Railway 
 Company, as now enclosed between Brock street and 
 Bathurst street, shall cease, determine and be wholly void. 
 
 Eighthly. — It is hereby further declared and agreed by 
 and between the said several railway companies, parties 
 hereto, that from the points where the I^orthern Railway 
 and the Great Western Railway respectively join the 
 Gi-and Trunk line to York street, the use of said Grand 
 Trunk line, shall be in accordance with, and under the 
 running regulations of the Grand Trunk Railway Com- 
 pany, and trains shall have precedence or rights in the 
 following order : 
 
 . l.st. Grand Ti-unk passenger trains. \ 
 
 2nd. Passenger trains of the said other companies. 
 ; 3rd. Freight trains of the Grand Trunk. 
 t 4th. Freight trains of t!< 3 said other companies. 
 
 5th. Special and irregular, and other trnins to be run 
 in the same order, Grand Trunk first, and the trains of tlie 
 same class or denomination &s the Grand Trunk, of the 
 other companies, next in order. 
 
 Ninthly. — It is hereby further declared and agreed by 
 
 and between the said railway companies, parties hereto, 
 
 ' that the switches and signids used in getting on and off 
 
ESPLANADE. 
 
 ifli 
 
 the Grand Trunk line, when iho Hsid line i^ used by the 
 Maid other compnnieH rs well oh at other tiineH, nhall l>o 
 under the ftole control and nmnagenient of the Grand 
 Trunk Railway Company, and the nervantH thereof. 
 
 Tenthly. — It is hereby further declared and agreed by 
 and iMitween the naid railway companies, parties h(>rcto, 
 that the lino of HidirigH to be laid and conntructcd on the 
 said twelve feet six inches of the south part of Esplnnade 
 street, ns mentioned in tlie fifth clause of this agreement, 
 shall be divided among the said several railway companies 
 in the manner to be hereafter mutually arranged between 
 said companies, or in case of di<sa£nreemunt, by arbitration 
 as hereinafter provided. 
 
 Eleventhly. — It 's hereby further declared and agreed by 
 and between the .said railway companies, parties hereto, 
 that if the Act for legalizing and confirming of this agree- 
 ment, is passed during the next ensuing session of Par- 
 liament, the present track used by the Great Western 
 Railway Company from Peter street to the esplanade, 
 shall be discontinued and removed by the fifteenth day of 
 May, in the year of Our Lord, one thousand eight hundred 
 and sixty-five. 
 
 Twelfthly. — It is hereby further declared and agreed by 
 and between the said railway companies, parties hereto, 
 that the payments or compensation to be made by the said 
 companies respectively to the others, or other of them for 
 the facilities herein provided and exchanged between them 
 respectively in relation to the use of the lines and sidings 
 as set forth in this agreement, shall, in case the same can- 
 not be mutually agreed upon within three months from the 
 passing of the said Act, be settled and determined by the 
 President of the Pennsylvania Central Railroad Company 
 for the time being, and in the event of his refusing to act 
 in the settlement thereof, then such payment or compen- 
 sation shall be settled and determined by some other per- 
 son to be mutually agreed upon by the said companies 
 respectively ; and if the said companies cannot agree upon 
 such arbitrator, then upon application of any of the parties 
 hereto, it shall be lawful for any one of the judges of the 
 superior courts at Toronto, to nonjinate and appoint an 
 arbitrator to determine such compensation ; Provided 
 always, that any award to be made by the arbitrator un- 
 der this agreement, so far as the same shall determine any 
 charge (not being a payment for past capital expenditure) 
 to be paid by any of the said companies to the others or 
 other, shall be open to reconsideration and redetermination 
 at the expiration of five years, and at the expiration of 
 every succeeding five years, the arbitrator to be mutually 
 agreed upon or appointed by judge as hereinbefore deter- 
 mined. 
 
 Thirteenthly. — It is hereby further declared and agreed 
 by and between the said several railway companies, parti&s 
 
 II 
 
184 ESPLANADE. 
 
 hereto, that all lesal proceedings at law or in equity nrw 
 pending between uie said companies, or any of them, ih 
 relation to the said esplanade, or the rights of the said 
 companies or any of them, to lay down tracks upon, or 
 otherwise use the said esplanade or any part thereof, or in 
 any manner relating to the matters in this agreement 
 provided for, shall for the present be suspended ; and upon 
 the passing of the said Act,shnll be absolutely abandoned ; 
 and in case the said Act shall not be obtained, ail such 
 legal proceedings, whether at law or in equitj', shall or 
 may oe taken up and continued, as if this agreement had 
 never been made ; Provided alwn;y's, that the party who 
 had to take the next step on the twenty -second day of 
 December, in the year of our Lord, one thousand eight 
 hundred and sixty-four, shall have two weeks next after 
 the end of the session of Parliament in which the said 
 Act shall be rejected, to take such step. 
 
 Fourteenthly. — It is hereby further declared and agreed 
 by and between the said several railway companies, parties 
 hereto, that it shall and may be lawful for the said Great 
 Western Rtiilway Company to make the connection of 
 their line with the Grand Trunk line at Peter street at 
 once ; Provided always, that their present line shall remain 
 as it is until the said Act is obtained, or if the said Act be 
 obtained before the fifteenth day of May, one thou.sand 
 eight hundred and sixty-five, then until the said fifteenth 
 day of May, one thousand eight hundred and sixty-five. 
 
 i-^ljteenthly. — It is he<"eby further declared and agreed 
 by and between the said several railway companies, parties 
 hereto, that it shall and may be lawful for the said Great 
 Western Railway Company, and the said Northern Rail- 
 way Company to use in common with the Grand Trunk 
 Railway Cllompany, the present sidings of the said Grand 
 Trunk Railway (Jompany on the said esplanade, east of 
 York street, until the arrangements by this agreement pro- 
 vided for, are carried into effect, or until the said Act snail 
 be rejected. 
 
 Sixteentfdy. — It is hereby further declared and agreed 
 by and between the said several railway companies, parties 
 hereto, that each of the said companies shall and will use 
 every exertion and all fair and legitimate means to pro- 
 cure and obtain the passing of the said Act by the Parlia- 
 ment of this Province, to legalize and carry into effect this 
 agreement ; and that they shall and will bear the expenses 
 of obtaining the said Act, or of tiic attempt so to do, and 
 all necessary proceedings connected therewith and with 
 this agreement, in equal proportions. 
 
 The said Grand Trunk Railway Company hereby cove- 
 nants to and with the said Great Western Railway Com- 
 pany and the said Northern Railway Company respectively, 
 that the said Grand Trunk Railway Company shall and 
 
 I 
 
BSPLAMADB. 
 
 185 
 
 will, from time to time, and at nli times hereafter, well and 
 truly observe, perform, fulfil and keep all and every the 
 stipulations and agreements hereinbefore contained, and 
 which on the part and behalf of the said Grand Trunk 
 Railway Company, according to the tenor and effect, true 
 intent and meaning of this agreement, ought to be observed, 
 performed, fulfilled and kept ; and shall not, nor will 
 wilfully or improperly hinder or prevent the said Great 
 Western Railway Company and the said Northern Rail- 
 way Company, or either of them, in the due and proper 
 use and exercise in accordance with this agreement, of any 
 of the lines, switches, sidings, or rights, easements or privi- 
 leges to which thej' or either of them, are by this agree- 
 ment entitled, or to which they or either of them, shall by 
 the said Act become entitled, and shall and will nt all 
 times hereafter do all things necessary on - their part to 
 enable the said other companies to use the said portion of 
 the said Grand Trunk line on which, by the terms of this 
 agreement, tite said other companies have the right to run 
 their trains, locomotives, and cars in the manner hereinbe- 
 fore in that behalf provided, according to the tenor aud 
 etfect, true iatent and meaning of these presents. 
 
 Ar>a the said Great Western Railway Company hereby 
 covenants to, and with the said Grand Trunk Railway 
 Company, aud the said Northern Railway Company, and 
 each of them, that the said the Great Western Railway 
 Company, shall and will in all things, on their part and 
 behalf, well and truly observe, fulfil, pei-form, and keep 
 the stipulations and agreements herein contained, and shall 
 not, nor will, in the use of the said Grand Trunk line or 
 sidings, or of the tracks and sidings to be constructed or 
 jointly used as aforesaid, wi' fully or improperly hinder or 
 obstruct the just and reasonable uso thereof by the said 
 Grand Trunk Railway Company or the said Northern 
 Railway Company, contrary to the true intent and mean- 
 ing of this agreement. 
 
 And the said Northern Railway Ci)mp<iny doth hereby 
 covenant to, and with the said Grand Trunk Railway Com- 
 pany and the said Great Western Railway Company 
 respectively, that the said Northern Railway Company 
 shall, and will, in all things on their part and behalf, well 
 and truly observe, perform, fulfil, aud keep the stipulations 
 and agreements herein contained, and shall not, nor will, 
 in the use of the said Grand Trunk line or sidings, or of 
 the track and sidings to be constructed or jointly used as 
 aforesaid, wilfully or improperly hinder or obstruct the just 
 and reasonable u^a thereof by the said Grand Trunk Rail- 
 way Company, or the said Great Western Railway Company, 
 contrary to the true intent and meaning of this agreement. 
 
 And lastl}', it is hereby further agreed by and between 
 the said railway companies, parties hereto, that each com- 
 
 24 
 
 /^. 
 
186 
 
 iSPLAJCTADE. 
 
 pany shall have power at any time hereafter, to establish 
 and work any passenger and freight station on the north 
 side of Esplanade street, east of Bay street, that it may 
 select, and shall '.*ve authority to purchase land for the 
 same, and shal ue at liberty to cross Esplanade street to 
 > such place and in such manner as may be necessary for 
 convenient access to such station ; provided always, that 
 no such crossing or access shall, in any way, interfere witl 
 or inconvenience any crossing or access to the station 
 grounds of the other. 
 
 In witness whereof, the said several railway companies 
 have hereunto set their respective corporate seals, the day 
 and year first above written, , ^ 
 
 Sealed with the Corporate Seal of the' 
 Grand Trunk Railway Company 
 by the Hon. James Ferrier who at 
 the same time and in my presence 
 delivered the same on behalf of the 
 said Company, and affixed his sig- 
 nature thereto. 
 
 W. Wainwiuoht. 
 
 Sealed with the Corporate Seal of 
 the Great Western Railway Com- 
 pany by the Hon. William Mc- 
 Master, who at the same time 
 and i^ my presence, delivered 
 the same on behalf of the said 
 Company, and affixed his signa- 
 ture thereto. 
 
 Geo. B. Spriggs. 
 
 Witness to signature of Fred."! Fred. Cumberland, 
 
 J. Ferrier, 
 Chairman. 
 
 III 
 
 W. McM aster, -3 I 
 Chairman, ^i I & 
 
 O V 
 
 "5 
 
 Cumberland. j- 
 
 Pennington Macpherson.J 
 
 Managing Director, "s i 
 
 N, R. Co.-3tf § 
 « p. 
 
 50 C C 
 
 Witness to the signature of "j 
 
 Thomas. Hamilton. > 
 
 Geo. R. Hamilton.] 
 
 Tho. Hamilton, j, 
 
 Secretary N. R. Co. hi t 
 
 St >. 
 
 28 V. c. 34, Sched. 
 
 o 
 5 
 
 85 Vict. o. 46 (Ont). 
 
 An Act to amend the several Acts relating to the 
 Toronto Grey and Bruce Railway Company. 
 
 ' {Aaaentad to 2nd March, 1872.] 
 
 Preamble. TT17HEREAS the Toronto, Grey and Bruce Railway Com- 
 Yf pany have prayed for cerluin amendments to the 
 
SSPLANADS. 
 
 187 
 
 Act passed in the thirty-first year of Her Majesty's rei^, 
 chaptered forty, intituled "An Act to Incorporate the 
 Toronto, Grey »nd Bruce Railway Company," and the Act 
 passed in the thirty-second year of Her Majesty's reign, 
 chaptered eighty-two, and the Act passed in the thirty- 
 third year of Her Majesty's reign, chaptered forty-ou?., 
 and for an extension of the powers conferred upo:: them 
 thereby ; And whereas * * the said com- 
 
 pany have obtained, under an agreement entered into 
 with the Grand Trunk Railwa}' Company of Canada, 
 running powers over a certain portioh of the Grand Trunk 
 Railway, and* are in occupation under a lease trom the said 
 Grand Trunk Railway Company of lands and buildings 
 for their station grounds and workshops adjoining the 
 Queen's wharf, in the city of Toronto, and are in the occu- 
 pation under a lease from the harbour commissioners of 
 the Toronto harbour of the said Queen's wharf ; And 
 whereas the said company are desirous of obtaining direct 
 access to the said s^iation ground and workshops and 
 Queen's wharf from the main line of their railway, or the 
 main line of the Grand Trunk Railway, running over the 
 esplanade in the city of Toronto ; 
 
 ^\- •■ 
 
 A: 
 
 3- Notwithstanding any Act or law in force to the con- Powers as] to 
 trary (and notwithstanding the title of the Crown or of '"*<*■ °° ^o- 
 any corporation, company or individual), the said the^^^ *'^*'. 
 Toronto, Grey and Bruce Railway Company shtll have 
 power to lay and maintain a track of such gauge or gauges 
 as they shall require to connect the track or main line of 
 their said railway, or the main line of the Grand Trunk 
 Railway running over or along the said esplanade with 
 the said station grounds and workshops and Queen's Wharf 
 through the lands now in the occupation of the Northern 
 Railway Company and the Great Western Railway Com- 
 pany, lying between the said main line of the Grand Trunk 
 Railway and the said station grounds and workshops and 
 Queen's Wharf ; Provided that such tracks be laid so that Proviso, 
 no alteration of the present level of the tracks of the 
 Northern Railway and Great Western Railway, or either 
 of them, shall be occasioned thereby ; and provided that 
 the said Toronto, Grey and Bruce Railway Company do 
 
 Say such annual rental as may be agreed upon to the said 
 forthem Railway Company and Great Western Railway 
 Company respectively, for the land to be taken from each 
 of said companies, or the Crown, or corporation or indivi- 
 dual entitled to anj' other lands, as the case may be, which 
 may be taken by them for such track, and the value of 
 any buildings or erections, or the cost of moving the same 
 belonging to them respectively, which may be necessarily 
 removed in order to lay the said track ; and in case the 
 amount so to ^ j paid cannot be agreed upon, the same shall 
 
 
188 ESPLANADE. 
 
 be ascertained by arbitration in the same n>anner a» is pro- 
 vided by the Railway Act, chaptered ftixty-six of the 
 Consolidated Statutes of Canada, with rogaid to lands to 
 be taken, or powers to be exercised, by railway com- 
 panies. 35 V. c. 46, s. 3. 
 
 ^^'h 7****^ 4- Provided that such track or tracks be laid in accord- 
 may be l^. " ^^'^ ^i^^ ^^^ strong red line on the plan deposited here- 
 with in the private bill office of the House of Assembly or 
 within any other increa.sed limits which may be agreed 
 upon between the said Toronto, Grey and Bruce Railway 
 Company and the several Railway Compairies interested 
 in the land to be occupied, 35 V. c. 46, s. 4. 
 
 54 Viot. o. 82 (Ont.) 
 An Act respecting the City of Toronto. ;^ 
 
 [Assented to ^th May, 1891.] 
 
 Loans (or the 7. The corporation of the [city of Toronto] may, with the 
 Mun^diur'out consent of the ratepayeis entitled to vote on money by-laws, 
 a£;reement8 issue " City of Toronto general consolidated loan deben- 
 ^*|^*^eC.P. tures" to such amount as may be necessary to raise a 
 ■ ' sum not exceeding $300,000 for the purpose of carrying 
 out the terms of a certain proposed agreement between the 
 corporation of the city of Toi\)nto and Grand Trunk Rail- 
 way Company of Canada and the Canadian Pacific Railway 
 Company in reference to the Toronto esplanade and water 
 front. 54 V. c. 82, s. 7. 
 
 1-- 
 
 55 Viot. o. 90 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Assented to lith Api^, 189?. j 
 
 Esplanade 9. An agreement between the corporation of the city of 
 
 SS! Toronto, the Grand Trunk Railway Company of Canada 
 
ESPLAMADK. 
 
 189 
 
 and the Canadian Pacific Railway Comnanj, which is 
 kno>ivn as the tripartite agreement, and wnich is printed 
 as schedule "A" hereto with any modifications thereof, 
 which said parties thereto may agree uptm, shall, when 
 duly executed hy the said parties respectively be valid and 
 binding on the parties thereto, and the sud corporation of 
 the city of Toronto is hereby declared to have and shall 
 have full power to do all the acts necessary to ^ve foil 
 effect to the said agreement Provided always, that the 
 said corporation of the city of Toronto shall pay any per- 
 son whose lands are injuriously affected by any acts of the 
 said corporation in the execution of the said agreement, 
 compensation or damages therefor, which if not mutually 
 agreed on shall be ascertained by arbitration in accordance 
 with the provisions of The Municipal Act. 55 V. c 90, Ro^- Stat, o, • 
 s. 2. 
 
 184. 
 
 3. A certain by-law, number 2918. of the City ofBy-»»wNa 
 Toronto, authorizing the isriue of City of Torcmto General ^j!j^^' 
 Consolidated Loan Debentures to the amount of $300,000, 
 tor the purpose of carrying out the terms of the said agree- 
 ment, and which by-law was on the 16th day of July, 
 1891, carried by a vote of 2037 against 1659. of the rate- 
 payers qualified to vote on money by-laws, is hereby 
 validated and confirm?d. 55 Y. c. 90, & 3^ 
 
 I 
 
 SCHEDULE « A." 
 
 (Section 2.) 
 
 Esplanade Tripaktitk Agreement. 
 
 As finally settled hy the counsel and rr» resentative* oftlie 
 city and the Railway Companies.anU to be i^eeonvmended 
 for adoption by the City Council and ike Boards of 
 Dit'ectoi's of the Railway companies. 
 
 See Schedule to 56 Vict c 48 (Dom.). p. 190. 
 
190 
 
 ESPLANADE. 
 
 Preamble. 
 
 56 Viot. o. 48 (Dom.) 
 
 An Act to give effect to an agreement between the 
 Grand Trunk Railway of Canada, the Cana- 
 dian Pacific Railway Company, and the Cor- 
 poration of the City of Toronto. 
 
 > [Assented to Ut AiyrU, 1393.] 
 
 WHEREAS a petition has been pre.sented praying that 
 an Act be passed giving effect to the agreement here- 
 inafter mentioned, and it is expedient to grant the prayer 
 of the said petition : — 
 
 Therefore Her Majesty by and with the advice and con- 
 sent of the Senate and House of Commons of Canada, 
 enacts as follows : — 
 
 Declaratory. 1. All works done or to be done in order to give effect 
 to the agreement hereinafter mentioned as well as those 
 affected by it are hereby declared to be works for the 
 general advantage of Canada. 56 V. c. 48, s. 1. I 
 
 Agreement 
 declared in 
 force. 
 
 2. An agieement dated the twenty-sisth day of July, 
 one thousand eight hundi-cd and ninety-two, made 
 between the Grand Trunk Railway Compjiny of Canada of 
 the first part, the Canadian Pacific Railway Company of 
 the second part, and the corporation of the city of 
 Toronto of the third part, and registei"ed in the registry 
 office for the eastern divi.sion of th^ city of Toronto, in 
 book p. 9, for East Toronto, on the seventh day of 
 October, one thousand eight hundred and ninety-two, and 
 of which (except the schedules and plans attached thereto) 
 a copy is set out in the schedule to this Act, having been 
 duly ratified as provided for in its twenty-third clause, 
 is hereby declared to be in force and binding on the 
 parties thereto. 56 V. c. 48, s. 2. 
 
 Power to con- 3- Each of the said parties may do whatever is on its 
 vey out part necessary in connection with any of the said works 
 
 in order tu carry out nnd give effect to its undertaking as 
 embodied in the said agreement. 56 V. c 48, s. 3. 
 
 agreement 
 
 SCHEDULE. 
 
 Esplanade Agrekment. 
 
 This agreement, made [(a) in quadruplicate] this [twenty- 
 sixth] day of [July], A.D. 189 [2]. 
 
 (a) 'file words placed in brackets throughout this schedule are not in 
 the agreement as printed in the Schedule to 55 Vict, c 90 (Ont.). 
 
ESPLANADE. 
 
 Between the Grand Trunk Railway Company of Canada, 
 hereinafter called the " Grand Trunk " of the first part ; 
 
 The Canadian Pacific Railway Company, lepresenting 
 its own corporation, and the Toronto, Grey and Bruce 
 Railway Company, the Ontario and Quebec Railway Com- 
 pany, and all other railway companies which it controls 
 by lease, agreement or otherwise, hereinafter called the 
 " Canadian Pacific," of the second part : 
 
 And the corporation of the ci^y of Toronto, hereinafter 
 called "the city," of the third part. 
 
 The Grand Trunk and the Canadian Pacific bein^ here- 
 inafter referred to in the aggregate as " the companies," — 
 
 Witnesseth that it is hereby mutually agreed between 
 each one of the parties and the other two, and between 
 each of the parties and each of the other two a., follows : 
 
 1. The map or plan to this agreement annexed, and 
 marked No. 1, shall be part and parcel of this agreement, 
 and be considered as embodied herein, and in the event of 
 any doubt arising as to the meaning of any description of 
 lands, streets, tracks, yards, stations, or other places, or any 
 of the properties to be conveyed, the said map or plan shall 
 be looked at and read as explanatory of such description. 
 
 2. Tn order to enable the Canadian Pacific to reach its 
 tracks south of the esplanade, the tracks in the yard 
 known as the Midland Railway yard, between Berkeley 
 street and Parliament street, shall be rearranged, and for 
 this purpose Berkeley street shall not be opened or kept 
 open as a highway between the north side of the tracks 
 shewn on the said plan [No. 1] as so rearranged and the pro- 
 longation easterly of the southerly limit of the Canadian 
 Pacific right of way betw^een Princess street and Berkeley 
 street and on the same curve. The city will convey or pro- 
 cure to be conveyed in fee simple the portion of Berkeley 
 street between the north limit of the tracks (as so rear- 
 ranged) and the south limit of the Grand Trunk right of way, 
 to the Grand Trunk, and the remaining portion to the Cana- 
 dian Pacific, as shewn in pink and blue respectively on 
 said plan [No. 1], reserving all existing rights of the city to 
 enter upon the same for the construction, reconstruction, in- 
 spection and repair of sewers and water mains along or un- 
 der the said portion of said street ; subject to the supervision 
 respectively of the Grand Trunk and Canadian Pacific in 
 the matter of the safety of their respective tracks. No 
 building to be erected on the prolongation of Berkeley 
 street so conveyed. A new access from the north to Espla- 
 nade street via Berkeley street to be provided by deviating 
 Berkeley street, as .shown on the said plan [No. 1]. The 
 Canadian Pacific to acquire the land necessary for sucli 
 deviation, and to indemnify the city in respect of all claims 
 
 191 
 
 / 
 
 \ 
 
192 ESPLANADE. 
 
 by any others than the parties hereto for compensation or 
 damages (if iiny) incurred by reason of such deviation rear- 
 rangement of yard and tracks, and closing of said street as 
 aforesaid, including costs (if any) incident thereto. The 
 Grand Trunk l<> have the right to place and maintain its 
 tracks on that portion of Esplanade street adjoining 
 Berkeley street, coloured green on said plan [No. I] marked 
 by letters A, B, C, neither the Grand Trunk nor the city to 
 be required to provide or pay for the land required for 
 such deviation or to satisfy any claims in connection with 
 the acquisition thereof, or any claims that may be made in 
 consequence of the closing of part of Berkeley street as 
 aforesaid. Until the new street south of the old Windmill 
 Line, between Parliament and Berkeley streets, is con- 
 s' L jcted, the Grand Trunk is to provide, at its own expense, 
 a temporary road south of its tracks from Parliament 
 street to Berkeley street 40 feet in width. 
 
 3. The Grand Trunk to cause the removal forthwith 
 of the Midland tracks on Esplanade street between 
 Berkeley street and Rogers' siding, and to connect the 
 Midland track now on Esplanade street, west of Rogers* 
 siding, with their own tracks at or near Frederick street, 
 and no new track shall be laid on said street excepting that 
 necessary for said connection, nor without the approval of 
 the Railway Committee of the Privy Council of Canada. 
 The ti'acks and connections as rearranged on the north 
 forty-seven feet six inches of Espl<\aade street to be subject 
 to the provisions of the agreement made between the 
 Grand Trunk, the Midland Railway [Company] of Canada 
 and the city, bearing date the 14th day of January, 1889. 
 
 4. Any person or corporation who may now or here- 
 after, as owner or tenant, hold land abutting on the north 
 side of Esplanade street, and also on the south side of the 
 Canadian Pacific tracks, or on the south .side of the new 
 street to the south thereof, such parcels of land being in 
 whole or in part opposite [each] other, may, subject to the 
 requirements and provisions of The Railway Act as to over- 
 head bridges, erect, at his or its own cost, an overhead 
 bridge or trestle or other structure connecting such lands 
 for handling goods or freight, or for passenger traffic, the 
 plans and specifications of any such structure and of its 
 supports to be first submitted to and receive the approval 
 of the city engineer, and of the engineer of any railway 
 company whose tracks are crossed by such structure, who 
 may first require the person erecting or maintaining any 
 such structure to indemnify the city and such railway 
 company against all liability which may be occasioned 
 thereby. 
 
 5. The city hereby agrees to extinguish, at its own ex- 
 " pense, all the present rights [if any] of the public and of pro- 
 perty owners to cross the lailway tracks on the esplanade. 
 
ESPLANADE. 
 
 198 
 
 betiveen Tonge street and the point where York street as 
 deviated connects with l!it>planade street, except at Bay 
 street, and in consideration thereof, each of the companies 
 agree to give up, without compensation, any right of 
 crossing the said railway tracks between Yonge and York 
 streets (6) except at Bay street, and for such consideration 
 the Grand Trunk further agrees to waive its contention that 
 it is not liable to contribute to the cost of making or pro- 
 tecting level crossings at Church street, Yonge street and 
 Bay street, and the Grand Trunk and the Canadian Pacific 
 without prejudice to their rights in any other transaction, 
 agree to pay each one-half of the cost and mai . Penance of 
 such crossings, and of their protection by watchmen at the 
 two former crossings, and by gates and watchmen at the 
 latter crossing, such protection to be subject to the approval 
 of the Railway Committee of the Privy (]!ouncil of Canada, 
 or to be made in such a way as it muy direct. 
 
 6. No buildings to be erected south of the esplanade on 
 the line of Lome street produced. 
 
 7. An overhead traffic bridge, with ramps and approaches 
 for vehicles and foot passengers, to be constructed by the 
 Canadian Pacific along the east side of York street accord- 
 ing to plans and specifications to be approved by the city 
 engineer of Toronto, and by the chief Engineers of the 
 Grand Trunk and Canadian Pacific (subject, in the event 
 of the withholding of such approval or of any disagree- 
 ment respecting the same, to the decision of the Kailway 
 (Committee of the Privy Council of Canada) from the south 
 side of Front street to such points south of the esplanade 
 as are approximately shown on said plan [No. l]. Such 
 bridge to be [a public highway and to be] ot sufiicient 
 width to accommodate a double sti'eet railway track, 
 with side spaces for vehicles and footwalks, and to 
 be so constructed as to give access for passengers by 
 means of footwalks, stairways or otherwise to the 
 platforms of the proposed Union station herein referred to, 
 and also with foot walks extending to the ends of the 
 ramps.. In order not to interfere with the free use of 
 York street as a thoroughfare to the proposed Union 
 station the said bridge shall be so constructed that the 
 westerly limit thereof shall coincide with the easterly limit 
 of York street, as at present laid down, and the Canadian 
 Pacific and the Grand Trunk hereby each agrees to sur- 
 render to the city so much of the lands or its interest 
 therein, south of Front street and on the ea^it side of York 
 street, now held by it, [" and of the alternative site " as 
 desci'ibed in section 18 hereof] as shall be requi»*ed for 
 this purpose. The city hereby agreeing to make a fair 
 abatement of rent for the future in respect of the land or 
 
 (6) The agreement in Schedule to 55 V. c. 90, (Ont.) reads " Bay and 
 York streets." 
 
 ; ' 1 
 
IH 
 
 ESPLANADE. 
 
 the interest so surrenderei) [which abatement in tii^e case 
 of the Canadian Pacific is to be made by an extension for 
 seven (7^ years from the expiry thereof of the current 
 lease of the Tinning property between Front street and 
 Esplanade street, on the terms authorized by report No. 5, 
 of the Esplanade Committee of 1891 J. But no party 
 hereto shall have or make against any other party 
 hereto any chiim in respect of any other land being in- 
 iuriously affected by reason of the construction of such 
 bridge. 
 
 S. The rights, if any, which the Grand Trunk have, or 
 claiit) to have, under any existing agreements with the 
 city, that they, the city, shall not require the Grand Trunk 
 to build, iind or procure any bridges, ramps, crossii^, or 
 other approached, over, along, or under the Grand Trunk 
 Company's tracks on the esplanade, but that tiie city shall 
 provide all such, if any, wnen required at their own ex- 
 pense, and that by said agreements the city guaranteed and 
 indemnified the Grand Trunk of, from and against all claims 
 and demands whatsoever for or by reason of the railway 
 of the Grand Trunk Company being placed on said tracks 
 in said agreements mentioned, also that they have the right 
 and privilege to cross streets of the city on the level for the 
 purpose of access to their stations and freight sheds in the 
 city in such way and as often as their business requires, 
 shall not be affected by this agreement ; but all questions 
 in regard to such rights and also as to whether any 
 exemption or indemnity which the Grand Trunk may be 
 enti^'ed to thereunder includes exemption or indemnity in 
 respect of the construction and maintenance of the said 
 contemplated York street bridge, shall, in default of the 
 parties agreeing in respect thereof, be determined by the 
 submission, as soon as can be, of a special case, between 
 the city and the Grand Trunk, to the Chancery D' 'ision 
 of the High Court of Justice of Ontario, with the right to 
 either party of appeal. And in the event of the final 
 decision of said case being that the said agreements are in 
 force and binding upon the city, and that under them or 
 some one or more of them the Grand Trunk are entitled to 
 exemption from such liability or are entitled to indemnity 
 against any such claim or claims as is or are mentioned 
 above, including said liability in respect of contribution 
 towards the said York street bridge — the Grand Trunk 
 claiming that they are so exempt and entitled to indem- 
 nity, and the city claiming that they are not — then the 
 Grand Trunk shall not be held liable or be called upon to 
 bear any part of the cost of the said overhead bridges, 
 except the John street bridge, which they have agreed to 
 build, but the cost of the construction, reconstruction and 
 maintenance of said York street bridge, including compen- 
 sation for property, taken or injuriously affected thereby, 
 and all costs incidental to any claims therefor, are to be 
 
KSPLANADR. 
 
 assessed aj^ainst and paid by tlie city ami the Canadian 
 PaciHc in equal pr portions. And in the evefttof the final 
 decision being that the Grand Trunk is not mo entitled, 
 then the cost of the coriMtruction, reconstruction and main- 
 tenance of said Yock street bridge, including compensation 
 tor property taken therefor and thereby, and all costs inci- 
 dental thereto, are to be assessed ai^ainst and paid by the 
 city, and the Grand Trunk and the Canadian Pacific in 
 such proportions, and shall be payable at such times and in 
 such manner as the parties may agree upon, or in default 
 of such agreement, as may be determined by an arbitrator 
 or arbitrators (not exceeding three in number), to be 
 appointed by the Chief Justice of Ontario ^pon siimmary 
 application by any of the said parties after ten days' notice 
 to the other parties proposed to be assessed therefor. If 
 three arbitrators are appointed, the award of any two of 
 them shall be final ; and the provisions, as to arbitrations, 
 of The Municipal Act and the Acta respecting Arbitra- 
 tions and References shall apply as if incorporated herein. 
 The arbitrators to be governed by the terms, conditions 
 and general efiect of such final decision in determining the 
 proportions so ho be paid, the value of any lands given or of 
 any interest therein surrendered by any of the parties 
 hereto, for the purpose of enabling the said bridge to be 
 so constructed, to be taken into account in determining the 
 proportions so respectively payable. Nothing herein con- 
 tained shall be construed as an admission on the part of 
 the Grand Trunk of any liability to contribute to the cost 
 of the said bridge by reason of the amalgamation of that 
 company with the Great Western or the Northern Railway 
 Company, or for any other reason, which liability the said 
 Grand Trunk expressly denies ; nor shall anything herein 
 contained relieve the Grand Trunk from any liability or 
 prevent the city from claiming upon the argument of the 
 said special case that the Grand Trunk is liable by reason 
 of said amalgamation or for any other reason. 
 
 9. Upon the said companies providing the land required 
 for deviating York street eastward, and which they agree to 
 jtrovide, as shown on the said plan, [No. 1] the city agrees 
 to the said proposed deviation and abandons all claim to 
 rent thereafter accruing due from the said companies, or 
 any of them,*to the city for the leasehold lands surrendered 
 by the said companies to the city for the purpose afore- 
 said ; and when such deviation has been carried out, the 
 portion of Esplanade street east of York street sLall be 
 closed to the point whore York street as so deviated con- 
 nects with Esplanade street, and the portion of York 
 street lying south of the said deviation and north of Espla- 
 nade street shall also be closed, and both said portions of 
 said streets shall l>e conveyed to the Grand Trunk, who 
 shall be free from all liability in respect of the closing of 
 said streets, but such conveyance shall be subject to all the 
 
 19S 
 
 X 
 
 i 
 
■8PLANADB. 
 
 rights of the city referred to in sec ''on two of this agree- 
 ment 
 
 10. The Grand Trunk agreeN to construct and maintain 
 for all time, nccording to plans and specifications to be 
 approved of by the city engineer of Toronto and Edmund 
 Wragge, C. E., or such other person as the Grand Trunk 
 may nominate, and in case of disagicemcnt between them 
 the matter in difference is to be determined by Walter 
 Shanly, C. E. (or in case of his death, refusal, or innbility 
 from nny cause to act, then by such engineer as the parties 
 may agree upon, or in the event of their diisagreeiiig, then 
 by such engineer as the Chief Justice of Onturio, upon 
 summary application by any of the said ])arties after ten 
 days' notice to the other parties, inn} appoint), a suitable 
 steel and iron overhead bridge, founded on masonry or 
 steel and iron piers, for vehicles and foot passengers from 
 ti>e south side of Front street along the line of John street 
 to a point thereon south of the esplnnade to be determined 
 by the city engineer, [and high enough to permit the 
 use under all that portion of it south of the esplanade of 
 railway tracks on the same level as those under it in the 
 Grand Trunk yard] the Grand Trunk doing the necessary 
 filling on John .street south of the esplanade and to the 
 level thereof for the purpose of constructing the bridge 
 and nece-ssary approaches thereto, but the Grand Trunk 
 not to be liable to pay for any length of bridge beyond one 
 hundred (100) feet from the present south uide of the 
 esplanade, or for any filling which may be required owing 
 to such extra length. The cost of such extra length, not 
 exceeding, approximately, one hundred (100) feet, und also 
 the cost of any extra filling caused thereby, to be borne 
 by the Canadian Pacific. The necessary southern ramp 
 to be built by and at the cost of the city. Such bridge 
 and the works in connection therewith to be commenced 
 forthwith after the city has constructed the necessary crib- 
 work protection on the south side of Lake street, from the 
 east side of John street to the Water Works wharf, and 
 the bridge and works to be completed within one year 
 from the date of commencement [thereof and to be a 
 public highway]. 
 
 11. Before the erection of the proposed T^^nion station 
 referred to herein is commenced, the city shall close Espla- 
 nade street from the east side of York street to the east 
 side of Brock .street, and Simcoe street [southerly] from the 
 south side of the street described in the 13th section of this 
 agreement produced westerly across Simcoe street, and 
 shall close Peter street and John street from the south side 
 of Front street to the north side of Esplnnade street, and 
 shall convey the portions of such streets so clo.sed, and the 
 city's interest in the esplanade, west of the said deviation 
 of York street, to the Grand Trunk, who shall be free 
 
it 
 
 l>»PI.ANADK. • 
 
 from all liability in roHpect of the closinf;^ of the wid 
 Mti-eetH, or nny of them, hut suhject to the lightH of the 
 city referred to in section 2 of this agreement, provided 
 that no street went of Yonge Htreet Hhall be cloHcd unleiM 
 and until the city or the Canitdiiin Pacitic shall have 
 ac(|uii'ed the intere.^tH of, or settleil with the tenantu and 
 subtenantH of lotH 5 to 25 inclusive on registered plan D, 
 118. 
 
 12. Within two years after the completion of the ex- 
 change of sites and the closing and convi'vancc of streets 
 tin herein provided foi-. the companies .shall erect, or recon- 
 struct, so as to have the same f)pen for traffic, a imion 
 passenger station of suitable ilusign and capacity, on and 
 adjoining the site of the present Union station, the same 
 to be in all respects such as the importance of the city may 
 warrant, and the busitie.ss of the railway companies using 
 the same may require, and the companies shall enter into 
 an agreement between them-selves for the Joint working 
 and user of the same, and foi- the use thereof V)y all 
 passenger trains running upon lines operated by the said 
 companies, or either of tliem, and such union station 
 shall be approximately in accordance with'the plans hereto 
 attached and marked No. 2, and such agreement shall set 
 forth the manner of carrying out the .said undertaking, 
 and the respective interests therein of the companies and 
 the proportion in which the cost of erecting, reconstruct- 
 ing ana of working the said station shall be borne by 
 the companies, with all necessary covenants for joint 
 working, using and occupation of the said station, nnd in 
 case of any difference between the companies as to the said 
 agreement, tht points of difference shall be referred (c) 
 to arbitration.(i?) Tlie term " Union Station" herein means 
 [at the least] the station buildings with all its appurtenan- 
 ce.s, and all tracks therein and leading thereto, between 
 Yonge street and Peter street. 
 
 13. The Grand Trunk will dedicate to the public a street 
 not less than sixty-six feet wide extending along the north 
 side of the Union station block from Simcoe street to York 
 street. The city agrees that at the request of the Grand 
 Trunk and Canadian Pacific, a part of the said street shall 
 be designated as a stand for cabs or express waggons, but 
 this shall not be done except on such request. 
 
 14. The city hereby agrees that the water lots bounded 
 on the south by the new Windmill Line, on the east by 
 
 (c) Schedule to 65 V. c. 90 (Ont.) reads " submitted." 
 
 (d) In Schedule to 55 V. c. 90 (Ont. ) the following words are inserted : 
 ' ' each of the companies appointing an arbitrator, and the two so appointed 
 appointing a third, or in default of any of the arbitrators being so ap- 
 pointed any Judge of the High Court of Justice of Ontario may, on the 
 application of either party, make the appointment, and tho decision of 
 such arbitrators, or a majority of them, shall be final and binding on both 
 the companies." 
 
 in 
 
198 • . ESPLANADE. 
 
 the east limit ot lot 48, registered plan 6A, produced 
 southerly, on the north by the south side of the proposed 
 Lake street, and on the west by the east side of York 
 street, produced, marked block E on said plan marked No. 
 1, shall be held for all time to come by the city under 
 such tenure as shall ensure it being made available for 
 wharves for the accommodation of passenger steamers of 
 all classes, and the slips (being respectively piolongntions 
 of Lome street and of York street) shall also be so set 
 apart end used that steamboats running in connection with 
 or exchanging passengers with the Grand Tiunk and Cnn- 
 adian Pacific, or either of them, shall have equal facilities 
 with any other steamboats, and in consideration thereof 
 the Grand Trunk agrees that for the sum or y)rice of eighty 
 thousand dollars it will sell and convey to the city the 
 whole of its freehold property lying to the west of Simcoe 
 street, produced, and south of the esplanade, and having a 
 frontage thereon of about 250 feet; and will surrender to 
 the city all its rights and interest in the leasehold property 
 known as the Yacht Club lot, and in lots Nos. 1, 2, 3 ancl 
 4, registered plan D 118, lying east of Simcoe street, pro- 
 duced, and also in any southward extension of all the 
 said property and lots as contemplated by the Windmill 
 Line agreement, reserving to itself the right to remove 
 within three months after the deeding to the Grand Trunk 
 of Esplanade street, as before set out. any buildings or 
 tracks now upon the said freehold or leasehold property. 
 In the event of any future extension into the harbour of 
 the*city's front similar to that contemi»lated by the Wind- 
 mill Line agi cement, (e) the city may, in lieu of said block 
 E, provide out of said extension a new block between Lome 
 and York streets, produced, and access thereto, [such 
 new block to be of at least equal frontage and arrear to 
 that of block E] to be held on the same tenure, and to 
 be made available for wharves and steamboats in the 
 same manner and for the same purpose as is provided for 
 in reference to said block E, and on the city making 
 such provision and providing as ample accommodation, 
 frontage and area for wharves and steamboats as could 
 be given by said block E, the city may deal with said 
 block E as they deem best. 
 
 15. Upon the city passing valid by-laws for the closing 
 and deviation of the streets as hereinbefore mentioned, 
 and closing, deviating and conveying the same as herein 
 provided, the companies agree to pay the city the sum of 
 fifteen thousand duUars [each of the said companies to 
 pay one-half thereof.] 
 
 16. Until the proposed rearrangement of yards and 
 .streets and the completion of the structures mentioned in 
 
 (e) In Schedule to 55 V. c. 90 (Out.) the following words are inserted : 
 " and of "t leafat equal frontage and area to that of Block E." 
 
ESPLANADE. 
 
 this agreement are finally carried out, all reasonable access 
 to the properties mentioned in this agreement, as well as 
 to the city water-works |)roperty, and to any other of the 
 properties of any of the parties hereto, shall be given to 
 each of the parties hereto for the purpose of Its business, 
 and to enable it to do the work and complete the contem- 
 plated arrangements. In case of any dispute as to what 
 access and facilities should be given, then the same shall 
 bo decided as provided for in section 10 of this agree- 
 ment. 
 
 17. The city hereby consents to t'.ie Grand Trunk 
 obtaining a patent from the Crown of the prolongation of 
 Peter street, lying between the south limit of the espla- 
 nade and the old Windmill Line, and the companies con- 
 sent to the city obtaining from the Crown a patent of the 
 prolongation of Simcoe and York streets, south of the 
 esplanade, for the purpose of including the same in the 
 alternative site as hereinafter described. 
 
 18. And whereas the Canadian Pacific has heretofore 
 taken steps toward obtaining a site in Toronto for its sta- 
 tion grounds, tracks and appurtenances hereinafter called 
 the " original site," and cO' prising an area bounded on the 
 north by the esplanade, on the east by Yonge street, on the 
 south by a line known as the new Windmill Line, on the west 
 by York street, together with a pai'cel of land intended for 
 tracks and sidings, and extending westward from the said 
 area as far as the east limit of lot No. 4, plan D 118, lying 
 next south of the esplanade, and widening from about forty 
 feet at the .said east limit to about 110 feet at the east side 
 of York street, and has obtained the fee simple of lot 38, 
 hereinafter called the Mowat lot, as well as the leasehold 
 under the city of those parts of lots 39, 40, west half of 
 41, 42, 43, 44, 45, 46, 47, 48, 49, 50 and 51, registered plan 
 5 A, lying south |;of the esplanade, and the leasehold under 
 the Baldwin estate of that part of the east half of lot 41 
 above mentioned. 
 
 And, whereas, the city has proposed that the Canadian 
 Pacific shall, on the terms hereinafter contained, abandon 
 the original site and take for the said purposes another 
 further west hereinafter called the " alternative site," and 
 the Canadian Pacific has consented so to do, which alter- 
 native site comprises an area butted and bounded, or other- 
 wise known as follows, that is to say : Commencing on the 
 south side of the esplanade at the north-west corner of 
 the eli-y water works property ; thence easterly along 
 the south boundary of the esplanade to the west side of 
 Yonge street ; thence southerly along the said west side to 
 a point distant fifty feet southerly from the south limit of 
 the esplanade, and measured at right angles thereto; 
 thence westerly parallel with the south boundary of the 
 esplanade to the production southerly of the east side of 
 
 199 
 
 i! 
 
100 R8PLANADE. 
 
 Bay street ; thence in a right line to a point on the pro- 
 duction southerly of the west side of Bay street, where it 
 is intersected by the north boundary of the new street 
 marked "proposed street," on said plan No. l,and distant 
 [70] feet from the south limit of the esplanade measured 
 southerly along said production; thence south-westerly 
 along the north side of the said firoposed new street to 
 [a point on] the east limit of lot 48, registered plan 5 ^ 
 [distant 29U feet measured southerly thereon from the 
 south limit of the esplanade] thence southerly along that 
 limit to [the north limit of Lake street ; thence westerly 
 along the said limit to the production southerly of the 
 west side of York street ; thence southerly along that 
 production to the] a line known as the New (/) Windmill 
 Line ; thence westerly along that New (/) Windmill Line to 
 the production southerly of the (g) east side of John 
 street ; thence northerly along that production to a point 
 distant on the same course [222] feet from the south 
 side of the esplanade; thence north-westerly on a right 
 line to a point on the west boundary of part of 
 the city water works property, distant along that boun- 
 dary twenty-eight feet southerly from the south side of the 
 esiolanade ; thence northerly along that boundary to the 
 place of beginning, except thereout Lake street, and so 
 much of the said lands as would be a prolongation of Bay 
 street ; and also such poitions of block " F" as may be 
 [necessary to be] retained hy the city in consideration 
 of its carrying out the agreements with the Argonaut 
 Boat House Company, W. H. Clindinning, and the Toronto 
 Yacht Club [Company] hereinafter mentioned, and with 
 such other subtenants of any of the lots numbered 5 to 25 
 inclusive, on registered plan D 11 8, as it may be necessary 
 to deal with in a similar way, the city reserving to itself 
 the right to construct any portion of the east slope of the 
 southern ramp of the John street bridge on such parts 
 of the above lands as may be necessary. 
 
 19. The city agrees, witli the assistance of the Canadian 
 Pacific as hereinafter mentioned, to obtain such title to the 
 alternative site as will enable it to convey the same to the 
 Canadian Pacific to the extent and in the manner herein- 
 after described, and the Canadian Pacific agrees to consent 
 to and assist the city in obtaining the said alternative site 
 with all convenient speed, and that it will, at the expense 
 and upon the request of the city, exercise its powers 
 of expropriation for that pui-pose, except as regards the 
 said property owned or held under lease by the Grand 
 Trunk. The city agreeb to indemnify the Canadian Pacific 
 
 (/) Schedule to 55 V^. c. 90 (Out.), reads " Old." 
 
 ig) In Schedule to 55 V. c. 90 (Ont. ), the following words are inserted, 
 " west side of York street ; thence southerly along that production to the 
 line known as the New Windmill Line ; theuoe westerly along that New 
 Windmill Line to the production southerly of " 
 
ESPLANADE. 
 
 for all moneys, costs and charges that the Company 
 may have to pay for the expropriation of the outstanding 
 interests of the leaseho' iers of lots five to twenty-five in- 
 clusive, registered plan a) 118 (being part of the alternative 
 site), and to carry out thb agreements that have been made 
 l>y the Canadian Pacific with the Argonaut Boat House Co., 
 W. H. Clindinning, and the Toronto Yacht Club, [Company] 
 which are printed as schedules A, B and C hereto. And 
 the city agrees to pay *o the Canadian Pacific the cost of 
 cribbing and filling on tne alternative site of equal quantity 
 to that which it shall have done on the original site or any 
 part of it up to the time at which it surrenders possession 
 of the same to the city under this agreement ; a^so the 
 cost of construction and erection of the wharves (h) and 
 buildings on (i) [the original site.] And the city further 
 covenants and agrees to demise and lease the alternative 
 site to th6 Canadian Pacific for successive terms of fifty 
 years each, during all time to come. The rental for the 
 first term of fifty years shall be eleven thousand dollars 
 per annum, and the rental for each subsequent term of 
 fifty years shall at each renewal be increased by two 
 thousand seven hundred and fifty dollars per annum, and 
 all rent shall be payable on the third days of July, 
 October, January and April of each year. For the first 
 quarter, a proportionate amount to be paid, having regard 
 to the time of possession under said lease. 
 
 20. And the Canadian Pacific covenants and agrees with 
 the city that, upon the execution of such lease and the pay- 
 ment of the cost of the said cribbing, filling wharves (j) and 
 buildings above referred to, and the closing [and] deviating 
 {k) [of the streets] and as aforesaid, it will assign, transfer 
 and convey to the city all its interest in the lands coiourtd 
 [blue] upon the said plan, [No. 1] and which may be more 
 particularly described as follows : — 
 
 Block A. 
 
 Firstly, commencing at a point on the production souther- 
 ly of the west limit of Yonge street, where it is intersected 
 by a line drawn parallel with the south limit of the espla- 
 nade and distant one hundred and ten feet mepsured 
 southerly therefrom and at right angles thereto ; thence 
 south-westerly along said line, being the southerly limit of 
 a new street marked " proposed street" on said plan No. 1, 
 to the production southerly of the east limit of Bay street ; 
 
 (h) Schedule to 55 V. e. 90 (Out.) reads " wharf." 
 
 (») Schedule to 55 V. c. 90 (Out.), reads "what is designated on the 
 said plan as the Mowat lot." 
 
 ( j) Schedule to 55 V. c. 90 (Ont.) !-eads " wharf." 
 
 (it) In >. chedule to 55 V. c. 90 (Ont. ) the following words are inserted^ 
 " and conveying the portion of Berkeley street." 
 26 
 
 901 
 
 m 
 
202 
 
 ESPLANADE. 
 
 thence southerly along that production to the north [limit] 
 of Lake street ; thence easterly and north-easterly along 
 said limit of Lake street to the production southerly of 
 the west limit of Yonge street ; thence northerly along that 
 production to the place of beginning. 
 
 Block B. 
 
 Secondly, cuinmencing on the south limit of Liike street 
 where it is intersected by the production southerly of the 
 west limit of Yonge street ; thence southerly along that 
 production to the line known as the New Windmill Line ; 
 thence westerly along the New Windmill Line to the pro- 
 duction southerly of the east limit of Bay street ; thence 
 northerly along that producxion to the south limit of Lake 
 street ; thence easterly and north-easterly along the south 
 limit of Lake street to the place of beginning. 
 
 Block C. 
 
 Thirdly, commencing at a point on the production 
 southerly of the west limit of Bay street where it is inter- 
 sected by the southerly limit of the said proposed new 
 street, as shown on said plan marked No. ; ; thence south- 
 westerly along the .said south limit to the westerly limit 
 of lot 47, registered plan 5 A ; thence southerly along the 
 said limit to the north limit of Lake street ; thence easterly 
 along the north limit of Lake street to the production 
 southerly of the west limit of Bay street ; thence northerly 
 along that production to the place of beginning. 
 
 Block D. 
 
 Fourthly, commencing on the south limit of Lake street 
 where it is intersected by the production southerly of the 
 west limit of Bay street ; thence southerly along that pro- 
 duction to (l) the said New Windmill Line ; thence south- 
 westerly along the said New W^indmill Line to the inter- 
 section of the protluction southerly of the west limit of 
 said lot 47 ; thence northerly along the said production to 
 the south limit of Lake street ; then easterly along the 
 south limit of Lake street to the place of beginning. 
 
 Block E. ^ 
 
 Fifthly, commencing on the south limit of Lake street 
 where it is intersected by the production southerly to tiie 
 east limit lot 48, registered plan 5 A ; thence southerly 
 along said production to the said New Windmill Line; 
 thence westerly along the said New Windmill Line to the 
 production southerly of the east limit of York street; 
 thence northerly along that production to the south limit 
 of Lake street ; thence easterly along the south limit of 
 Lake street to the place of beginning. 
 
 (/) Schedule 55 V. c. 90 (Out.) reads "of." 
 
ESPLANADE. 
 
 ' 21. Except as herein otherwise provided, the pixjvisions 
 of The Railway Act and The Municipal Act, so far as 
 applicable to anything hersin contained, shall form part of 
 this agreement &s if expressly set out herein. 
 
 22. Nothing herein contained and no action taken here- 
 under shall affect in any way the position or contention of 
 any of the parties hereto as to the question whether or not 
 any streets running southward from Front street, other 
 than those referred to in this agreement, do or do not ter- 
 minate at the north side of Esplanade street, the Canadian 
 Pacific and Grand Trunk contending that they do so ter- 
 minate, and the city not admitting the said contention. 
 
 23. This (m) agreement shall not be binding on either 
 party unless and until ratified ^»y the city council of 
 Toronto and the Boards of Directors of the respective rail- 
 way companies, and the parties hereto agree to unite in 
 procuring legislation necessary to validate juid confirm this 
 agreement, if and when so ititified, and to empower each 
 of the parties to do whatever may be requisite to give 
 efiect to the substance and intention thereof, and if this - 
 agreement be not executed and in force on or before the 
 [first] day of [September, 1892] next, then all parties shall 
 be restored to their original rights as if no agreement on 
 the subjects herein dealt with had been discussed between 
 the parties. 
 
 [In \ritness whereof the said parties have hereunto had 
 affixed their corpo< ate seals and their officers, namely : L.. 
 J. Seargeant, General Manager of the Grand Trunk ; W. 
 C. Van Home, President, and C?harles Drinkwater, Sere- 
 tary of the Canadian Pacific, and Robert John Fleming, 
 Esq , Mayor, and John Patterson, Esq., Deputy Treasurer 
 of the city, have hereunto set their hands the year and 
 day hereinbefore mentioned. 
 
 SOS 
 
 Signed eealed and 
 delivered in presence 
 of 
 
 Chas, Percy, 
 
 The Grand Trank Railway of 
 Canada, per 
 
 L. J. Sergeant, [L.S.] 
 
 General Manager. 
 
 As to the signature' 
 of C. P. R. in presence 
 of 
 
 E. T. Bartleix 
 
 Executed by the city' 
 of Toronto in presence 
 of 
 
 Thomas Caswell. 
 
 The Canada Pacific Railway 
 Company, 
 
 W.C.VanHorne. [L.S.] 
 
 President 
 C. Drinkwater, 
 
 Secretary. 
 
 Robert J. Fleming, [L.S.] 
 
 Mayor. 
 John Patterson, 
 
 Deputy Treasurer.] 
 
 (m) Schedule to 55 V. c. 90 (Ont.) reads, "This proposed.' 
 

 204 KSPLANADE. 
 
 ■ . ■ i 
 
 Schedule A.(n) 
 
 Memorandum of agreement made between the Canadian 
 Pacific Railway Company of the first part, Edmund B. 
 Osier, of Toronto, Esauire, and Wilniot D. Matthews, of 
 Toronto, Esquire, of the second part, and the Argonaut 
 Boat House Company, limited, of the third part. 
 
 Where&s the said Canadian Pacific Railway Company 
 have entered into a certain agreement with the city of 
 Toronto and othei's for the lease or sale to the said railway 
 company of certain water lots at the foot of York street, 
 in the said city of Toronto, of one of which said lots the 
 said boat house company are lessees, viz. : lots Nos. 24 and 
 25, plan D 118. 
 
 And whereas the said boat house company and others 
 have taken certain proceedings to I'cstrain the carrying 
 out of said agreement. 
 
 And whereas the said boat house company have agreed 
 to withdraw from siiid pi-oceedings. 
 
 * Now, therefore, this agreement witne.sseth that in con- 
 sideration of the said boat house company withdrawing as 
 aforesaid, and in consideration of said agreement and of 
 the assignment by the said railway company of the lease 
 of the present preruises of said boat honse company at foot 
 of York street as aforesaid, the said railway company 
 agrees to accept said assignment and ^m move and reinstate 
 the said boat house company «>s io its present new club 
 house upon the proposed Nev; Windmill Line, to build a 
 wharf extending from the present Windmill Line to the 
 new one, on a lot immediately to the south of the present 
 premises of said boat house company, or on a corresponding 
 lot on the east side of the extension southerly of York 
 street, at the i-ailway company's option, said new premises 
 to be in all respects as convenient as the present. 
 
 The said railway company further agrees to give said 
 boat house company a lease of said new lot at $6 ground 
 rent per foot per annum and taxes for twenty-one years, 
 containing an absolute renewal clause at a valuation to be 
 ascertained by arbitration at end of each succeeding term 
 of twenty-one years, said new lot to have a frontage of 
 fiftj^ feet. 
 
 The said railway' company further agrees that the said 
 boat house company have o|)en water to the width of sixty- 
 six feet on one side of said new premises. 
 
 And the said parties of the second part for themselves 
 and each of them for himself, his heirs, executors, and 
 
 (n) These Schedules A, B and C »re not inserted in 56 V. c. 58 (Dom.), 
 and are taken from 55 V. c 90) Ont.) 
 
ESPLANADE. 
 
 administrators and assigns, covenant with the said boat 
 house company that the said agreement will be carried out 
 as above set forth. 
 
 The above renewal clause shall be subject to the railway 
 company's obtaining an absolute renewal clause from the 
 city of Toronto of the lots west of York street, fronting 
 on Esplanade street, or obtaining the fee. 
 
 In witne.ss whereof the parties hereto have hereunto set 
 their hands and seals this loth day of May, 1888. 
 
 This agreement is subject to the proposed agreement 
 between the city and the railway being carried or any 
 other agreement between them enabling the railways to 
 acquire the premises in question. 
 
 For the Ontario and Quebec Railway Company. 
 
 (Signed) E. B. Osler, President. 
 (Signed) E. B. Oslek. 
 (Signed) W. D. Matthews. 
 
 Witness, 
 A. Lanomuir. 
 
 For the Argonaut Boat House Co., 
 
 (Signed) Henry O'Brien. 
 (Signed) THOMAS McCuacken. 
 
 205 
 
 1 1 II 
 
 ' *: 
 
 Schedule B. 
 
 This agreement, made the third day of December, 1888, 
 between the Canadian Pacific Railway Company, herein- 
 after called " the company," of the first part, and William 
 Henry Clindinning, of the city of Toronto, boat builder, 
 who and whose heirs, executors, administrators and assigns 
 are hereinafter called " the owner," of the second part, and 
 Edward (sic) Boyd Osier, of the city of Toronto, stock and 
 sharebroker, a director of the said company, who includ- 
 ing his heirs, executors, and administrators, is hereinafter 
 called " the director," of the third part. 
 
 Whereas by a draft agreement bearing date the 26th 
 day of April, A.D. 1888, and made between the corpora- 
 tion of the city of Toronto of the first part, the Grand 
 Trunk Railway Company of the second part, and the said 
 the Canadian Pacific Railway Company of the third part, 
 it was proposed among other things that certain parts of 
 Esplanade, York and Simcoe streets in the said city of 
 Toronto, should be closed and conveyed by the said city of 
 Toronto to the Grand Trunk Railway Company, and the 
 city further agreed that they would sell the said the com- 
 pany certain lots lying to the south of the said Esplanade 
 street and between York street and Simcoe street. 
 
so« 
 
 EHPLANADE. 
 
 And, vrhere&s, the Haid owner is the assignee from the 
 lessee of the city of Toronto of certain parts of said lots 
 more particularly described in the owner's lease from 
 Cynthia Fuller et al., registered as H 2189. 
 
 And, whereas, the said owner has alleged that the said 
 agreement would, if carried out, have' interfered with his 
 access to and rights and interests in the said leasehold 
 premises, and with others affected by the said agreement, 
 brought an action in the Chancery Division of the High 
 Court of Justice for Ontario, by a writ of summons issued 
 on the 2nd of May, 1888, against the corporation of the 
 said city of To^ ^nto and Edward F. Clarke, mayor thereof, 
 and in the said action obtained an injunction restraining 
 the said city from entering into or carrying out the said 
 agreement until the trial of the same, which has not yet 
 taken place, and the said city has appealed from the said 
 interim injunction, which said appeal is now pending in the 
 Court of Appeal foi* Ontario, 
 
 And whereas negotiations have been entered into be- 
 tween all the parties to the said agreement of the 26th day 
 of April, A.D. 1888, and the plaintiffs to the said action, 
 and, among other things, in consideration of the plaintiffs 
 agreeing to dismiss the said action and dissolve the said 
 injunction, the said the company and the director have 
 agreed with the said owner as hereinafter set forth. 
 
 Now therefore, this indenture witnesseth that in con- 
 sideration of the premises the parties hereto covenant and 
 ajrree as follows : — 
 
 1. That the present access of the said owner from the 
 esplanade to his present premises, shall not be interfered 
 with, except that the company may proceed forthwith to 
 lay down not more than three railway tracks upon the 
 vacant space in front of the owner's present premises (south 
 of the esplanade) until the work of removal of said pre- 
 •^'ses shall be commenced by the company, as next here- 
 aiter mentioned. 
 
 2. The company will at their own costs and charges 
 remove and reinstate as much as practicable of the present 
 boat house and buildings, including factory and machinery 
 of the said owner to and on a new lot situate to the soath 
 of the present Windmill Line, and hereinafter more par- 
 ticularly described, and will do and construct thereon all 
 the cribbing and piling necessary for the reinstatement, as 
 far as practicable, of the said buildings, and also construct 
 thereon the necessary wharves so as to make the said new 
 premises fully as complete and satisfactory for the business 
 and operations of the owner now carried on by him as his 
 present premises. 
 
 Provided, always, that such removal shall not commence 
 before 1st October in any one year, and shall be com- 
 
ESPLANADE. 
 
 pleted OH near after the 30th dny of April in the following 
 year as possible, an-^ that until such removal the full use 
 und enjoyment of tne said premises now occupied by the 
 owner, shall not in any wise be interrupted, interfered with, 
 or dist ;rbed by any works or changes which the company 
 may make to the soiuth of the present esplanade, except 
 as to the three tracks, and that the said owner shall have 
 at least one month's notice in writinc; of such intended 
 
 to the first dav of October in the vear of 
 
 removal prior 
 such removal. 
 
 3. After such removal has been completed, the company 
 shall grant to or procure for the said owner a lease of a 
 water Tot of 125 feet frontage to the south of his present 
 lot, and no further to the west of York street than his 
 present frontage, but not to be so far east as to be in front 
 of any part of the ramp running westerly from the York 
 street bridge. The said lot to front on the south limit of 
 the street to be constructed in the terms of the Windmill 
 Line agreement, set forth in the printed appeal book, at 
 pages 13 to 17 of the appendix, in the said case of Clin- 
 dinning vs. Toronto, the said lot to extend southerly to 
 the New Windmill Line provided for in the said Windmill 
 Line agreement, for a term of twenty-one years, to com- 
 mence from the time of the final completion of the new 
 premises, as removed, of the said owner hereinbefore men- 
 tioned, at an annual rental of $6 per foot frontage on the 
 said new street of the land so to be leased, and all taxes, 
 which taxes, however, shall not include any taxes or pay- 
 ments in connection with the tilling in of the lots or con- 
 struction of the street proposed to be constructed under 
 the said Windmill Line agreement ; such lease not to be 
 assignable without leave in writing, which leave shall not 
 be unreasonably withheld, and shall contain a covenant 
 for perpetual renewal for further successive terms of 
 twenty-one years, at a rental to be ascertained by arbitra- 
 tion in the usual way ; such lease to be settled by the 
 Master in Ordinary of the Supreme Court in case the 
 parties differ as to the same. 
 
 4. The said lease shall be executed and delivered to the 
 said owner when he shall have assigned to the company 
 or the director, or to whom they or either of them shall 
 appoint, all his estate, right, title and interest in his present 
 leasehold premises, free from all encumbrances. 
 
 5. In the event of its being found impracticable for the 
 company to reinstate the whole of the said owner's present 
 boathouse and buildings as aforesaid, on the said new lot, 
 the owner is to be fully compensated and paid damages 
 and compensation for such loss, if any, as he may sustain 
 thereby, and also for such loss, if any, as he may sustain 
 during the progress of such removal to and reinstatement 
 upon the said new lot, such compensation and damages to 
 
 S07 
 
 I I 
 
 m 
 
 I 
 I 
 
ESPLANADE. 
 
 be determined by arbitration, under the provisions of the 
 Railway Act, and in such arbitration the company are to 
 be at liberty to tender evidence to shew that the rental of 
 the said new premises should be greater than $6 per foot 
 for the purpose of the owner's business, and that he is 
 obtaining a covenant for renewal in his lease with a view 
 to reduce the said compensation and damages, and the 
 arbitrators are to determine upon the admissibility of such 
 evidence. 
 
 6. The corapuny further agrees that upon and after the 
 removal of the said owner's premises to the said new lot as 
 aforesaid he shall have access thereto by way of a roadway 
 good and sufficient for all the business and uses of the said 
 premises of the said owner over his present premises until 
 the said new street along the Windmill Line shall be con- 
 fltructed and opened for public traffic from York street to 
 and along the whole ot the front of hi3 new premises, and 
 shall be connected with the new bridge proposed to be 
 constructed on York street, produced, or until such new 
 street shall be connected with the extension of York street 
 south of the esplanade, and either the bridge or York 
 street extended, duly opened and tit and safe for public 
 traffic. 
 
 Provided, that if the said new premises shall be east of 
 the present premises such roadway shall be extended to 
 and along the whole front of the same, and access thereto 
 given thereby as good and sufficient as aforesaid. 
 
 And the said director for himself and the company 
 covenants with the said owner that the said agreement 
 •will be carried out as above set forth. 
 
 In witness whereof the parties hereto have hereunto set 
 their hands and seals on the day and year first above 
 written. 
 
 Edmund B. Osler. 
 Wm. H. Clindlnning. 
 
 Signed, sealed and delivered by the said William Henry 
 Clindinning, in the presence of 
 
 John T. Small. 
 And by the said Edmund Boyd Osier, in the presence 
 of 
 
 S. B. Sykes. 
 
 Schedule C. 
 
 Memorandum of agreement made between the Canadian 
 Pacific Railway Company, of the first part ; and Edmund 
 B. 0.sler, of the city of Toronto, Esquire, and Wilmot D. 
 Matthews, of the city of Toronto, Esquire, of the second 
 part ; and the Toronto Yacht Club, of the third part. 
 
I8PLANADB. 
 
 Whereas the said Canadian Pacific Railway Company 
 propose to expropriate the premises occupied at present by 
 the Toronto Yacht Club, and have mode an application to 
 the Honourable the Minister of Railways and Canals, for 
 leave to make the said expropriation. 
 
 Now therefore, this agreement witnesseth that in con- 
 sideration of the said Yacht Club consenting to the said 
 application, and in consideration of the a&signment by the 
 said Yacht Club to the said Railway Company of the lease, 
 free from all encumbranceN, of the present premises of the 
 said Yacht Club on water lots No. 6, 6 and 7, according to 
 plan D 118, registered in the registry office of the city of 
 Toronto, the said railway company agrees to accept the 
 fiaid assignment and to remove and reinstate the said 
 Yacht Club as to its present club house and buildings and 
 dock upon the proposed New Windmill Line, or upon the 
 proposed new street, to run immediately to the south of 
 the present Windmill Line, or at any point between the 
 said new street and the proposed New Winihnill Line, as 
 may be selected by the said Yacht Club, such site to be 
 immediately to the south of the present Yacht Club 
 premises. 
 
 And the said railway company further agrees to give 
 the said Yacht Club a lease of the new water lot to be 
 occupied by them hereafter mentioned, at the rate of ($4) 
 four dollars, ground rent per foot per annum, and taxes for 
 a term of twenty-one 3'ear.s, containing an absolute renewal 
 clause at a valuation to be ascertained by arbitration at the 
 end of each succeeding term of twenty-one years, subject, 
 however, to the proviso, as to the first term of twenty-one 
 years above mentioned, and for the part thereof herein- 
 after referred to, that the said railway' company agrees to 
 accept as rental for the said new water lot in lieu of the 
 rental hereinbefore referred to for such portion of their 
 lease of their present premises as may be unexpired at the 
 date of the lease of the said new water lot herebj' agreed to 
 be given to the said Yacht Club by the said lailway com- 
 pany, the same rental as the said Yacht Club now pays for 
 their present premises per annum, and that from and after 
 the expiration of such lease and for the balance of the said 
 first term of twenty -one years, hereinbefore referred to, the 
 rental of said new water lot is to be at the said rate of ($4) 
 four dollars, ground rent per foot per annum and taxes, the 
 said new lot to have a frontage of sixty feet or such greater 
 frontage as the Yacht Club may desire, up to a maximum 
 of eighty-five feet, with a depth extending from the pro- 
 posed new street to the Windmill Line. 
 
 And the said railway company further agrees that the 
 said Yacht Club shall have the exclusive use as against 
 other yachts or other vessels of any description whatsoever 
 of the anchorage in the open water inside the proposed 
 
 27 
 
EXTENSION or TUB OITT. 
 
 now Windmill Line for a distance not to exceed three hun- 
 dred feet to the eant of the proposed new site, provided 
 always that the said railway company do not require the 
 said open water for the |)urpo8es of their railway or for the 
 purposen of erecting buildings thereon. 
 
 And the said railway company further agree that the 
 proposed building and dock on the new site shall be as 
 convenient, substantial, and commodious, and in as good 
 repair as the present club building, dock and premises. 
 
 This agreement shall be subject to the railway company 
 expropriating or otherwise ncouiring the balance of the 
 water lots between those owned by the Grand Trunk Rail- 
 way Company on the west, and York street on the enst, 
 and the railway company shall give to the stiid Yacht Club 
 at least three months' previous notice of their intention to 
 remove the Yacht Club buildings to their proposed new 
 site before commencing the work of such removal, and the 
 railwny company is not to remove the said Yacht Club 
 buildings to their proposed new site, except between the 
 31st day of October in any one year, aisd the Ist day of 
 April, in the following year. 
 
 And the said parties of the second part for themselves 
 and each of them for his heirs, executors, administrators, 
 and assigns, covenant with the said Yacht Club that the 
 snid agreement will be carried out as above set forth. 
 
 In witness whereof the parties hereto have hereunto set 
 their hands and seals this day of , 1888. 
 
 56 V. c. 90, Sched., part. 
 
 EXHIBITIONS. 
 
 See Agricultuue and Arts — Industrial Exhibition. 
 
 EXTENSION OF THE CIT7. 
 
 See BouNDARiBe of the City and Wards. 
 
 Annexation of incorpoi'ated villagea adjacent to Toronto. 
 See 46 V. c. 46, s. 9 (Ont.), p. 557. , . 
 
GAOL. 
 
 FRBB LIBRARY. 
 
 See Library and Museum. 
 
 211 
 
 GAOL. (<() 
 
 36 Vict. c. 65 (Ont.) 
 
 An Act to vest in the Corporation of the County 
 of York, certain property situate in tlie City 
 of Toronto. 
 
 [Assented to 29th March, 1873.] 
 
 WHEREAS, tho corporation of the county of York preamble, 
 have by their petition set forth that certain lauds, 
 including amongst others the parcel or tract of land and 
 premises hereinafter mentioned, were, by letters patent 
 under the great seal of the Province of Upper Canada, 
 bearing date the twenty-sixth day of April, in the year of 
 our Lord one thousand eight hundred and nineteen, given 
 and granted unto the Honourable William Dummer Powell 
 of the then Town of York, in the Home district, Chief 
 Justice of the said Province ; the Honourable James Baby, 
 of the same place, Esquire ; and the Honourable and Rev- 
 erend John Strachan, of the same place, Doctor of Divinity, 
 and to their heirs and assigns for ever, to have and to hold 
 all and sing>)lar the said several parcels or tracts of land, 
 thereby givei: and granted to the said William Dummer 
 Powell, James Baby, and John Strachan, their heirs and 
 assigns for ever, upon the trusts nevertheless, and to and 
 for the uses in the said letters patent, declared concerning 
 the same, that is to say, in trust to observe such directions, 
 and to consent to and allow such appropriations and dis- 
 positions of them, or any of them, as the Governor, Lieu- 
 tenant-Governor, or person administering the Government 
 of the said Province, and the Executive Council thei-ein for 
 the time being, should, from time to time make and order, 
 pursuant to the purpose for which the said parcels or 
 
 (a) The city in 1861 was separated from the united counties of York 
 and Peel for judicial purposes : See 24 V. c. 53 ; 25 V. c. 24. The Act 
 25 V. 0. 25 provided for payments by the city to the united counties 
 towards the support and maintenance of prisoners in the gaol. The city 
 was reunited to the county of York for judicial purposes by the Law 
 Reform Act, 1868 (.32 V. c. 6 ss. 22-24) but existing arrangements regard- 
 ing the gaol were not affected by that Act. 
 
 I I 
 
 t I 
 
 
 ! i 
 
 ' ' 1 
 
 ! I 
 
212 
 
 OAOL. 
 
 •trncts of land therein granted, or any of them, were origi- 
 nally reserved, as in the said letters patent expressed, and 
 to make such conveyance or conveyances, deed or deeds, 
 of the said parcels or tracts of land therein granted, 
 or any part thereof, to such person or persons, and upon 
 such trusts and to and for such use or uses as the Governor, 
 Lieutenant-Governor, or person administering the Govern- 
 ment of the said Province, and the Executive Council 
 thereof for the time being, should, from time to time, by 
 order in writing appoint ; {b) that, thereafter, in the year 
 of our Lord one thousand eight hundred and thirty-six, 
 upon the npplication of the magistrates of the Home Dis- 
 tiict for a grant of the parcel or tract of land hereinafter 
 mentioned, foi* the purpose of having erected thereon a 
 gaol and court house, it was by Order in Council of the 
 Lieutenant-Governor of the said Province and the Executive 
 Council thereof, on the tenth day of December, in the year 
 of our Lord one thousand eight hundred and thirty-six, 
 . in writing ordered that the prayer of the said application 
 should be granted, and that the said parcel or tract of land 
 should be appropriated as desired by the said magistrates : 
 that thereupon a gaol was erected upon the said parcel or 
 tract of land, and was occupied and maintained as such by 
 the said the corporation of the county of York, and such 
 gaol has since been maintained and still remains upon the 
 said parcel or tract of land, as erected thereon : that no 
 conveyance or deed of the said parcel or tract of land was 
 
 {b) By 4 Will. IV., c. 23, a. 93, incorporating the city of Toronto, it 
 was enacted " That the present gaol and court house oi the Home Dis- 
 trict shall be, and continue to be, the gaol and co:trt house of the said 
 city as well aa of the Hone District, untu the city shall by Act of common 
 council otherwise direct." 
 
 By 7 Will. IV., c. 39, s. 4, it was enacted " That it shall be the duty of 
 the said corporation, and they «re hereby required within five years after 
 the passing of this Act to build, or cause to be built, at the expense of 
 the said corporation, on some convenient site to be by them procured for 
 thai purpose within the said city or liberties thereof, a good and sutii- 
 cient gaol or house of correction for the confinement and imprisonment u: 
 all and every offender or offenders who shall at any time after the com- 
 pletion of such gaol and house of correction be committed or adjudgetl to 
 be imprisoned under any order or warrant of the mayor or any of the alder- 
 men of the said city ; and from and immediately after the completion 
 of such gaol and house of correction, no person adjudged to be impris- 
 oned under and by virtue of any order or warrant of the mayor or any 
 of the aldermen aforesaid shall be committed to the gaol of the Home 
 District except in cases of parties charged with offences which from 
 their nature required to be tried before a Court of Oyer and Terminer 
 and General Gaol Delivery : Provided always that so soon as such gaol 
 and house of correction shall be built and finished as aforesaid, the pay- 
 ment of the said sum of £400 to the treasurer of the Home District here- 
 iiibefore mentioned (see sec. 3 of the Act) shall cease and determine. 
 By 7 Will IV., c. 40, s. 2, the Justices of the Peace for the Home District 
 in General Quarter Sessions assembled were empowered to erect a gaul, 
 and court house, or either of them, upon any situ within the city of 
 Toronto which they might approve of, and the new gaol was to be the 
 common gaol of the Home District. By 2 V. c. 44, s. 1 , the former sales nf 
 portions of the court house block on King street by the trustees were 
 confirmed/ and the trustees were further empowered to mortgage and sell 
 the remaining portion in their hands as the magistrates of the Home 
 District should direct. 
 
GAOL. 
 
 at any time executed by the said trustees named in the 
 said letters patent, or any of them, or by any other per- 
 .son or persons whomsoever : that the said, the corpora- 
 tion of the county of Yoi'k, have succeeded to the rights 
 and title of the Home District, and the magistrates thereof, 
 and are entitled to the said parcel or tract of land and 
 premises, and to have their title thereto established and 
 confirmed, and the said parcel or tract of land vested in 
 them ; that the said trustees have all departed this life, 
 and their heirs are dispersed and do not all reside within 
 this Province, and it would be difficult and attended with 
 very great expense and delay to procure a conveyance or 
 deed of the said parcel or tract ot" land from all the heirs 
 of the said trustees ; and the said the corporation of the 
 county of York have prayed that an Act may be passed 
 to confirm their title to the said parcel or tract of land, 
 and to vest the same in the said petitioners as hereinafter 
 set forth ; and whereas, it is expedient to grant the prayer 
 of the said petition : 
 
 Therefore, Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Onta- 
 rio, enacts as follows : — 
 
 1, The title of the said the corporation of the county of County of 
 York, of, in and to all that parcel or tract of land and York gaol 
 ])remises now in the city of Toronto, in the county ofgd^in'tlL^cor^ 
 York, bounded <»n the north Hy Palace street, on the east poration of 
 by Parliament street, on the west by Berkeley street, and the county of 
 on the south by a line drawn along the top of the bank of York, 
 what was known as the York harbour, at the date of the 
 said letters patent, from the foot of Berkeley street to 
 the foot of Parliament street, being the block now known 
 as the county of York Gaol property, is hereby declared 
 to be confirmed, and the same is hereby absolutely vested 
 in the said. the corporatu>ii of the county of York, their 
 successors and assigns. 3(5 V. c. Go, s. 1. 
 
 21S 
 
 
 
 / 
 
 V\ : 
 
 
 /. _.. 
 
 
 \ ■:■ 
 
 
 
 i 
 j 
 
 51 Vict. c. 6 (Ont.) 
 
 An Act to amend the Act respecting the Office of 
 
 Sheritf. 
 
 [Assented to 23rd March, 1888.] 
 
 5- So long as there is but one gaol for the city of 
 Toronto and the county of York, the sheriff of the city 
 shall have control of the gaol. 61 V., c. 6, s. 5. 
 
 J 
 
ai4 
 
 GARRISON CREEK AND RUSEDALE CREEK SBWERS. 
 
 GARRISON CREEK AND ROSEDALB 
 GREEK SEWERS. 
 
 47 Vict. 0. 50 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 2oth March, 1884.] 
 
 -•'' 7- * * To provide means for constructing the 
 Garrison creek sewer ; it shall and may be lawful for the 
 council of the city of Toronto, to pass by-laws from time 
 to time and as occasion may require, without obtaining 
 the assent of the electors thereto, before the final passing 
 thereof, for borrowing money by the issue of debentures 
 or city stock on the credit of the city at large, to the 
 amounts and for the purposes following, that is to say : 
 
 Gonstracting (4) To an amount not exceeding the sum of one hun- 
 Creek Sewer. <i^®d thousand dollars for the purpose or constructing the 
 said the Garrison creek sewer. ' 47 V. c. 59, s. 7 part. 
 
 50 Vict. o. 71 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Assented to 23rd April, 1887.] 
 
 Authority to 3> In view of the unsanitary condition of the Rosedale 
 borrowmoney creek and the Garrison creek, and the necessity which 
 tioiu^Mwera. ^^ists for constructing a sewer on the line of the Kosedale 
 creek and of completing the Garrison creek sewers, it shall 
 and may be lawful for the council of the corporation of 
 the city of Toronto to pass by-laws from time to time, as 
 occasion may require, without obtaining the assent of the 
 electors thereto, before the Inal passing thereof, for 
 borrowing by the issue of debentures or city stock on the 
 credit of the city at li^rge a sum not exceeding $175,000. 
 50 V. c. 71, 8. 3. 
 
.■^\- 
 
 GAS AND ELECTRIC COMPANIES. . 215 
 
 52 Viot. o. 78 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 \A^enied to 2Srd March, 1889.] 
 
 11. The corporation of the city of Toronto may, with- Garrison 
 out the consent of the electors, pass by-laws for borrowing °^ wwer. 
 a sum not exceeding $60,000, for the construction of the 
 north-westerly branch of the Garrison creek sewer, from 
 Ossington avenue to Bloor street : 
 
 Provided that before borrowing any portion of the said 
 sum of $60,000, the land or the easement therein required 
 for the construction of the cAid sewer shall have first been 
 acquired by the city : 
 
 Provided further that the actual cost of the said land or % 
 
 easement, together with the estimated cost of constructing 
 the said sewer, shall not exceed in all the said sum of 
 $60,000. 52 V. c. 73, s. 11. 
 
 QAS AND ELECTRIC COMPANIES. 
 
 PAGE. 
 
 1. Oenerallt 215 
 
 2. Crry of Toronto Gas Light and Water Company 219 
 
 3. CoNsCMERs' Gas Company 219 
 
 4. People's Gas Company 238 
 
 5. Incandescent Light Company of Toronto 238 
 
 6. Parkuale Water and Gas Works — See Parkdalu. 
 
 1. OENERALLT. 
 40 Viot. c. 89 (Ont.) 
 
 An Act respecting the City of Toronto, the Toronto / 
 Water Works and other Matters. 
 
 [Assented to 2nd March, 1877.] 
 
 13. No gas compan}' now incorporated, or incorporated Gas com- 
 during this session of the Legislature of Ontario, or here- pa-' "«■ break- 
 after, shall have the right to break up, dig, or trench any^'^K'^P"*"^*'- 
 or any part of the public streets, roads, squares, or high- 
 ways, or other public places of the city of Toronto, for the 
 laying down mains along and under the same, except for 
 
216 
 
 GAS AND ELECTRIC COMPANIES. 
 
 \ 
 
 repairs or the substitution of other mains for those already 
 then laid, without the written consent of the city engineer, 
 or personnctingas such, until thirty days' notice in writing 
 of such intention shall have been given to the city 
 engineer, or the person for the time being acting as city 
 engineer; and whenever any such company shall have 
 given the said notice with respect to any street or streets 
 in the said city, or any portion thereof, the corporation of 
 the said city may by by-law, within twenty-one days after 
 the giving of such notice, prohibit the proposed breaking- 
 up, dicing, or trenching of such streets, squares, or places, 
 or any part thei-eof, unless a majority in number of the 
 ratepayers assessed, according to the last revised assessment 
 roll, upon each street or portion of street with respect to 
 which such notice shall have been given (which petitioning 
 ratepayers shall ap]iear by the last revised assessment roll, 
 to be assessed either as owners or tenants for more than 
 one-half of the assessed aggregate value of the real estate 
 situate on such street, or portion of street, with respect to 
 which such notice is given), do petition the said coi-poration 
 against the passing of said by-law : Provided further, that 
 where any street or any part thereof, is paved with stone 
 or wood pavement, asphalt, cement, or other material of a 
 like permanent character, the said petitioning ratepayers 
 shall include a majority of the ratepayers assessed as afore- 
 said, either as ownere or tenants in respect of real estate, 
 situate upon the street so paved or portion thereof so 
 paved in i-espect of which such notice has been given: 
 But nothing herein contained shall apply to any case 
 w^here it is desired to cross an}' street with mains, in order 
 to supply property not situate upon such street. 40 V. c. 
 39, s. 13, (a) subs. 1. 40 V. c. 88, s. 3. 
 
 2. Within two months after service of a written notice 
 from said corporation, of its intention to lay down such 
 permanent pavement upon any street or portion of street, 
 every such company, except in the case provided for by the 
 last section, shall make connections from their mains to 
 each side of the street, or the portion of street to be laid 
 with such permanent pavement ; and in default of making 
 such connection before the laying of such permanent pave- 
 ment, shall not be entitled thereafter to make the same 
 without the written consent of such engineer ; said notice 
 to be given between the fii-st day of April and the first day 
 of August in any year. 40 V. c. 39, s. 13, sub-s. 2. 
 
 Purchase of 
 Oas Gom- 
 
 14. It shall be lawful for the corporation of the city of 
 • >w 1, Toronto, with the consent of the gas company or com- 
 etc., by the pwiies now incorporated or hereafter to be incorporated 
 corporation, for the municipality' at anytime, to pass a by-law for the 
 
 (a) See as to the application of this section of this Act to Brockton 
 and Yorkville, 44 V. o. 44, a. 9. 
 
GAS AND ELECTRIC COMPANIES. 217 . 
 
 acquisition as they then exist ot *>e whole of the machinery, ' 
 
 works, plant, mains and other pipes, including the cost of 
 
 laying the same, supplies, uusiness, assets, rights, franchises / 
 
 or privileges, easements, and other property of every nature 
 
 and kind both real and pei'sonal of any such gas company. 
 
 the whole to be valued as a going concern, at a price to be 
 
 ascertained and determined by a separate arbitration with 
 
 eo^h company under the provisions of the Municipal Acts ; 
 
 and the said company or companies shall be bound to 
 
 accept the price so ascertained and upon payment of such 
 
 price by the corporation together with all proper casts and 
 
 expenses incurred by such company in or about such 
 
 arbitration, they may assume the said propertyso purchased, 
 
 and exercise the said rights, fnuichises and privileges. 
 
 2. It shall be lawful for the shareholders of any such Consent to 
 company at any special meeting of the shareholders called P"'*'»«»^ 
 for that purpose, to authorize the board of directors of 
 the company to give the consent aforesaid. -10 V. c 39, s. 
 14. 
 
 15. The moneys so received shall be applied by the Applicationof 
 board of directors of such company in satisfaction of its *••« purchase 
 liabilities, and subject thereto shall be distributed amongst """"^y* 
 the shareholders in proportion to their shares. 40 V. c. 39, 
 
 s. 15. 
 
 16- When the directors shall have given notice by Notice of 
 advertisement in the Ontario Gazette, and a newspaper claims against 
 published in the city of Toronto, once a week for twelve **** .***'"• 
 weeks, for creditors to send in to the company their claims '**"' 
 against the company, the directors shall, at the expiration 
 of the time named in such notice for sending in such claims, 
 distribute said moneys amongst the |)artie.s entitled thereto, 
 having regard to the claims of which the said board ha.s 
 then notice ; and the said ocmpany shall not, nor shall the 
 shareholders thereof, be liable to any person of whose claim 
 the said board shall not have had notice within the time 
 limited by such advertisement for sending in claims. 40 
 V. c. 39, s. 16. 
 
 17. The board of directoi-s of any such gas company Opinion of 
 shall be at liberty without the institution of a suit to apply i^^S^ ^^ 
 by petition to any judge of the Court of Chjuicery for the chancery 
 opinion, advice or direction of such judge on any question may be ob- 
 respecting the administration or management of such pur- ^^^ *? ^ 
 chase money, and for adjudication upon all matters and trationorthe 
 questions of every nature and kind in any way connected purchase 
 with the due administration of such pui-chase money, and n»<"»ey. 
 the said judge may cause notice of such application to be 
 served on such persons as to him may seem proper, and 
 such application may be sup|)orted by affidavits, or if the 
 said judge thinks proper he may I'equire the same or any 
 
 28 
 
218 
 
 OAS AND ELECTRIC COMPANIES. 
 
 sach question to be heard and disposed of as ordinaiy 
 causes in said court, and the said judge or the court may 
 make such order on any such application as may seem 
 mbt;,t ; and the board of directors may make the like 
 application to said court for its approval of any acts 
 ilone by them in connection with the administration of 
 said purchase money or any pai*t thereof; and any board 
 of directors acting upon any such order, or as to any of 
 whose acts the said court or a judge thereof shall make 
 an order approving of the same, shall be deemed, so far as 
 regards their responsibility in respect of the acts so ordered 
 to be done ur approved of as having been done, to have 
 discharged their duty in the subject matter of such appli- 
 cation, and such order shall release the board of directors 
 from all responsibility in respect of any acts so ordered to 
 be done or approved of as the case may be : and further it 
 is declared, that the said board may, if it thinks fit, apply 
 to said court in a summary manner to administer said 
 purchase money, and the said court is hereby empowered 
 to administer the same, and in the proceedings to adminis- 
 ter the same, shall adopt as far as is applicable thereto, the 
 practice of the court in the administi'ation of the estates 
 of deceased persons : Provided always, that nothing herein 
 contained shall interfere with or impair the present powers 
 of the corporation of the city of .Toronto under the Muni- 
 cipal Act, so far as they are thereby empowered to pass a 
 by-law in respect to gas companies. 40 V. c. 39, s. 17. 
 
 Costo of ad- jg^ The costs, charges, and expenses of and incidental 
 uid'remuner- ^^ ^^^^ administration, and of the remuneration of the 
 ationofdirec director shall be a first charge on such purchase money. 
 
 tore to be the 40 V. C. 39, S. 18. 
 firat charge on 
 the purchase 
 money. 
 
GAS AND ELECTRIC COMPANIES. j 
 
 r 
 
 t OITT OF TORONTO GAS LIGHT AND WATER OOM- 
 
 .:,;. PANY. ('') 
 
 "' , 4-5 Vict. o. 65. 
 
 An Act to incorporate a Comimny under the Style 
 and Title of " The Citv of Toronto Gas Light 
 and Water ('ompany.' (c) 
 
 W^thSe^tmxher, 1841.] 
 , Effete. 
 
 i 
 
 2. OONSUIIERS' GAS COMPANY. Kd) 
 11 Vict. C. 14. 
 
 An Act to incorporate the Consumers' Gas Com- 
 pany of Toronto. 
 
 [23r<« March, 1848.] 
 
 WHEREAS the great and increasing extent of the city Preamble, 
 of Toronto, and the great demand for a cheap and 
 effective mode of Ughting the streets and places in the 
 said city, as well as houses, shops and other buildings 
 therein, render it desirable that more than one company 
 should be established for the purpose of furnishing a fur- 
 ther supply of gas for lighting the said city ; and whereas 
 the mayor, aldermen and citizens of the city of Toronto 
 have signified their assent to the establishment of the said 
 company', and to their having the necessary powers con- 
 nected with the establishment and construction of the 
 necessary works j * * ♦ and whereas the said several 
 persons hereinbefore named and others, have by their 
 petition prayed that they may be incorporated under the 
 style and title of Tke Consumers' Gas Company of Toronto 
 * * * that they may be invested with all the necessary 
 powers and privileges usually granted to similar corpo- 
 
 (6) A company was incorporated by 6 Will. IV. c. 9, intituled " An Act 
 to incorporate a company under the name and title of the " City of Toronto 
 Gas Light Company," but the company did not come into operation, 
 
 (c) This Act was amended by 8 Vict. c. 85, and in 1848 the 
 plant and rights of the company, so far as they extended to supply the 
 city and its inhabitants with gas, were purchased by the Consumers' Gas 
 Company, and by 16 Vict. c. 109, its name was changed to " The 
 City of Toronto Water Company. " A company was incorporated by 16 
 Vict. c. 260, under the name of the Metropolitan Gas and Water 
 Company. The Act was amended by 22 Vict. c. 135, but this company did 
 not come into operation so far as the lighting of the city was concerned. 
 
 (d) For articles of agreement between the city and the Consumers' Gas 
 Company, dated 27th Nov., 1890. See minutes of city council, 1890, 
 App., p. 2519. 
 
220 
 
 QAS AND ELECl'UIC COMPANIES. 
 
 rations, for the purpose of supplying the city of Toronto 
 with gas in greater quantity, of better quality, and at a 
 cheaper rate tnnn the same hath been heretofore supplied ; 
 and whereas it is expedient to grant the prayer of the 
 said petition. 
 
 Be it therefore enacted by the Queen's most excellent 
 Mnjest}', by "nd with the advice and consent of the Legis- 
 lative Council and of the Legislative Assembly of the Prov- 
 ince of Cnniida, constituted and assembled by virtue of and 
 under the authority of an Act passed in the Parliament of 
 the United Kingdom of Great Britain and L'eland, inti- 
 tutled, An Act to re-unite the Provinces of Upper and 
 Lower Canada, and for the Government of Canada, and it 
 is hereby enacted by the authority of the same. 
 
 Consumers' 1. That the said directors or such of them and such 
 C>»8 Company other persons as now are or shall hereafter become share- 
 incorp'orated. holders in the said company, shall be and are hereby 
 ordained and constituted a body politic and corporate by 
 the name and style of The Consumers' Gas Company of 
 Toronto, and by that name and style they and their succes- 
 sors being such shareholders .shall and may have perpetual 
 succession and a common seal, • » * and may have 
 Property. full power to purchase, take and hold personal property 
 and lands, tenements and other real property, for the pur- 
 poses of the said company, and for the erection and 
 construction and convenient use of the gas works herein- 
 after mentioned, and also to alienate such personal property, 
 lands and other property, and others to purchase, take and 
 hold in their stead for the purposes and uses aforesaid, and 
 that any person or persons, body or bodies politic or 
 corporate, may give, grant, bargain, sell or convey to the 
 said company, any lands, tenements or hereditaments for 
 the purposes aforesaid, and the same may repurchase from 
 Proviso as to^ the said company : Provided always, that such lands, tene- 
 ments and hereditaments to be holden bj' the said company 
 shall be so holden for the purposes and business of the said 
 company, as set forth in this Act, and for constructing their 
 necessary w^orks for and about the same, and for no other 
 purposes whatsoever, and that the total yearly value of the 
 lands and real property to be so holden at any one time 
 shall not (over and above the value of the works thereon 
 erected), exceed two thousand pounds, currency ; and that it 
 shall be lawful for the said company, suliject to the restric- 
 tions herein contained, from time to time to make, construct, 
 lay down, maintain, alter or discontinue such retorts, gaso- 
 meters, receivers and buildings, cisterns, engines, machines 
 and other apparatus, cuts, drains, sewers, watercourses, reser- 
 voirs, machinery and other works, and also such houses 
 and buildings upon the lands hereby authorized to be held 
 and purchased by the said company, and to do all other 
 acts necessary and convenient as they shall think proper 
 
 extent of real 
 property. 
 
 Power to 
 construct 
 works, etc 
 
OAS AND ELBCTKIC COMPANIRS. 
 
 221 
 
 To what pur- 
 poses appli- 
 cable. 
 
 Proviso for 
 increase. 
 
 for supplying the inhabitants of the said city with gas, ' 
 
 and al.so to sell and dispose of coke and of all and every 
 product or products, refuse or residuum arising or to be 
 obtained from the materials used in or necessary for the To dispose of 
 manufacture of gas in such manner as the said company certain pro- 
 may think proper, and also to manufacture the refuse of works%tc."'^ 
 any such gas. 11 V. c. 14, s. 1. 
 
 2- And be it enacted, that the said company may raise Capital of 
 and contv'.buto among themselves such sum as shall not ex- company, 
 ceed the sum of twenty -five thousand pounds,(e) currency, 
 in shares of twelve pounds, ten shillings, currency, eacli, 
 and the money so raised .shall be appropriated to the pur- 
 pose of constructing, completing and maintaining their 
 said gas works, and to the purposes of this Act and to no 
 other object or purpose whatsoever ; provided always, that 
 if the said sum of twauty-five thousand pounds, currency, 
 should be found insufficient for the purposes of this Act, 
 it shall be lawful lor the said company to increase their 
 capital stock by a further sum, not exceeding twenty-five 
 thoasand pounds, currency, either among themselves or by 
 the admission of new shareholders, such new stock being 
 divided into shares of twelve pounds, ten shillings, cur- 
 rency, each : provided also, that in the event of difficulty 
 arising in procuring subscribers for the capital, it shall be 
 lawful for the president and directors for the then time 
 being of the said company to borrow a sum or sums of 
 money for the purposes aforesaid, not exceeding the .sum 
 of fifteen thousand pounds, currency, and to pledge and 
 mortgage or otherwise a.ssign, fey way of security, the 
 property', rates and income of the said company f<?r the re- 
 payment of the sum so borrowed and the interest thereon. 
 11 V. c. 14, s. 2. 
 
 Proviso for 
 
 borrowing 
 
 money. 
 
 8. And be it enacted, That the directors shall and Powers of 
 may have the power to appoint a manager, clerks and directors. 
 other persons as ma}' appear to them necessary for carry- 
 ing on the business of the said company, with such powers 
 and duties, salaries and allowances to each as shall seem 
 meet and advisable, and also .shall and may have the power 
 to make, and repeal or alter such by-laws to be binding ongy.iaws. 
 the members of the company or their servants as shall ap- 
 pear to them proper and needful touching the well order- 
 ing of the said company, the management and disposition 
 of its stock, property estate and effects, the calling of 
 special meetings of its shareholders or of meetings of the 
 directors, and other matters connected with the proper 
 organization of the said company and the conduct of the Calls, 
 affairs thereof, and also shall and may have the power to 
 
 (e) See 18 V. c. 215, s. 1, p. 230 ; 36 V, 
 50 V. c. 83, 8. 1 (Ont.), p. 236. 
 
 c. 130, s. 1 (Ont.), p. 231; 
 
 I ii 
 
222 
 
 GAS AND ELFXTRIC COMPANIES. 
 
 Dividends. 
 
 ContractB, 
 etc. 
 
 make calls for instalments on Hhares, subject to the pro- 
 visions hereinafter made, and to declare such yearly or 
 half-yearly dividends not exceeding ten per centum per 
 annum, out of the profits of the said undertaking as the}' 
 may deem expedient, and to make contracts, or such by- 
 laws to empower the president, vice-president or any 
 director or officer to make contracts on behalf of the 
 company, and to affix (if need be) the common seal of the 
 company to such contracts, and generally to manage the 
 affairs of the said company, and to do or empower others 
 Proviso as to to ^o whatever the company may lawfully' ao under this 
 by-laws. Act, unless it be otherwise herein provided ; provided 
 always, that such by-laws shall be in nowise inconsistent 
 with the true intent and meaning of this Act and the 
 , powers hereby granted, nor repugnant to the laws of this 
 province, and shall, before they shall have force, be ap- 
 proved by the shareholders, at some annnal or special 
 meeting, at which such shareholders shall have full power 
 to alter or amend the same * * . 11 V. c. 14, s. 2. 
 
 14. 
 
 withi 
 Hhall 
 
 Power to 
 open ground 
 in streets, etc. 
 
 Precautions 
 to be ob- 
 served. 
 
 Eeestablish- 
 iug such 
 streets, etc. 
 
 Penalty for 
 neglect. 
 
 13- And be it enacted. That it shall and may be law- 
 ful for the said company, after two days' notice in writing 
 to the mayor, aldermen and citizens of the city of Toronto, 
 to break up, dig and trench so much and so many of the 
 sti'eets, squares, and public places of the said city of Toronto 
 as may at any time be necessary for the laying down the 
 mains (/) and pipes to conduct the gas from the works of the 
 said company to the consumers thereof, or for taking up, 
 renewing, altering or repairing the same when the said 
 company shall deem it expedient, doing no unnecessary 
 damage in the premises, and taking care as far as may be 
 to preserve a free and uninterrupted passage through the 
 said streets, squares and public places while the works are 
 in progress, and making the said openings in such parts of 
 the said streets, squares and public places, as the city sur- 
 veyor, under the direction of the council of the said city, 
 shall reasonably permit and point out ; also placing guards 
 and fences, with lamps, and providing watchmen during 
 the night, and taking all other necessary precaution for the 
 prevention of accidents to passengers and others which 
 may be occasioned by such openings ; also finishing the 
 work and replacing the said streets, squares and public 
 places in as good condition as before the commencement 
 of the work without any unnecessary delay ; and in case 
 of the neglect of any of the duties herein provided as afore- 
 said, the said company shall be subject to pay a fine of one 
 pound, currency, for every day such neglect shall continue 
 after receiving a legal or written notice thereof, to be 
 I'ecovered by civil action in her Majesty's Court of Queen's 
 
 (/) See 39 V., c. 63, s. 3, p. 229. 
 
GAS AND ELECTRK! nOMl'ANIES, 223 
 
 Bench, at Toronto, at tl>c suit of any porson or persons, or • 
 
 of the corporation of tlie iniiyor, aldurmun, and citizens of 
 the city of Toronto, to and for the use of the said corpor- 
 ation, over and above such daaingus as may be recovered 
 against the said company l)y any other party. 11 V. c. 
 14, s. 13. 
 
 14. A.nd be it enacted. That where there are buildings Power t» 
 within the said city of Toronto, the different parts whereof I'l""' grfmnd 
 <sliall belong to different proprietors, or shall bo in possess- "JJ^'"*'^'"** 
 ion of different tenants or lessees, the said company shall 
 
 have power to carry pipes to any part of any building so 
 situate, passing over the property of one or more pro- 
 prietors, or in possession of one or more tenants, to convey 
 the gas t ) that of another, or in the possession of another, 
 the pipes being carried up, and attacned to the outside of 
 the building ; and also to break up and uplift all passages, 
 which may be in common to neighboring proprietors, and 
 to dig or cut trenches therein for the purpose of laying 
 down pipes or talcing up or repairing the same, and to lay 
 any pipes, branches, or other necessary apparatus from any 
 main or branch pipes, into, through, or against any build- 
 ing, for the purpose of lighting the same ; and to provide 
 and set up any appjiratus necessary for securing to any 
 buildings a proper and complete supply of gas, and for 
 measuring and ascertaining the extent of such supply, the 
 said company doing as little damage as may be in the 
 execution of the powers granted b}"^ this Act, and making j^n^jgf^^jjj^^ 
 satisfaction therafter to the owners or proprietors of the to ))e made 
 buildings or other property, or to any other party, for all ^j"" ^lamaaea 
 damages to be by them sustained in or by the execution "^ °"^* 
 of all or any of the said powers, subject to which provi- 
 sion this Act shall be sufficient to indemnify the company 
 or their servants, or those by them employed, for what 
 they or any of them shall do in pursuance of the powers 
 granted by this Act. 11 V. c. 14, s. 14. 
 
 15. And be it enacted, That the main pipes that shall Precautions 
 be laid down by the said company shall be at least three ^^r 'J^'st'"- 
 feet distant from the main pipes of the City of Toronto pipea'of^this 
 Gas Light and Water Company ; or when such shall be company 
 impracticable, then as nearly so as the circumstances of the from those 
 case shall admit, and that the said main pipes shall have" " ®"' 
 the initials of the said company cast upon each of them, 
 
 and also the ends of the service pipes and stop cocks 
 which shall appear in the cellars of the houses or build- 
 ings to be supplied with gas, shall be legibly and perma- 
 nently stamped or marked with the initials of the said 
 company, to distinguish them from those of the said City 
 of Toronto Gas Light and Water Company, under a pen- 
 alty of five pounds, currency, for each offence or neglect Penalty for 
 thereof, which penalty shall be paid to the said City of c?»traven- 
 
lU 
 
 OAS AND ELKCTRIC COMPANIES. 
 
 Toronfo Qo,s Light and Water Company, and bo recovered 
 
 by oivl! •vction in Her Maje«t;''.s Court of Queen's Bench, 
 
 Proviaoaato at Toronto; Provided always that if any diflereoo<^ shall 
 
 wi*ththeTthu *'*'''' between the said Citv of Toronto Qa» i.ijjht aifl 
 
 oompony? "^' Water Company and the said ConsumerH' Oi I'ou.iwiny of 
 
 Toronto, or any other company establish i or to l>« eitab- 
 
 lislied in tho city of Toronto, as to I he |iracticahility of 
 
 either company so laying it- pir > .hat they ihall W- it a 
 
 ilistance ot at least three t trom thoso of titt? other 
 
 company, then such diifforenct ihII h decided t>\ »li ■ bur 
 
 veyor of the said city, who, if 
 
 it 18 not practicable to lay t)i< 
 
 . aforesaid, shall direct tho mod' 
 
 roHpective companies shall be 
 
 distance at which they shall be apart, not exceedin;^ the 
 distance aforesaid : provided always, that an appeal shall 
 lie from any such decision of the said s». i ^ \ .; to th»^ 
 Mayor's Court of tho said city of Torontn m any sitting of 
 the said court held after the day on \'. '•n'-b the deciHion nt 
 the said surveyor shall be notified U i/he partioit, 
 c. 14, 8. 16. 
 
 e nhall '•" 1' (>{>nuon that 
 pi[icH at. such distance as 
 the pipes of the 
 such place, and the 
 
 111 
 
 \\] 
 
 lU'l 
 
 Proviao for 
 ■ppoal. 
 
 il \ 
 
 Location of 
 
 gas works, 
 ow to be 
 regulated. 
 
 Control of 
 tiie city 
 oounciL 
 
 Penalty for 
 contraven- 
 tion. 
 
 16- And be it enacted. That the said conty .uiv jltall so 
 construct and locate their gas works ami U ap*- tus 
 and appurtenances thereto appertaining, or therewitu i- 
 nected.and wheresoever situated, as in nowise to endanger 
 the public health or safety, and for tho purpose of better 
 ensuring the due execution of the provisions of this sec- 
 tion, the said company shall, with regard to the construc- 
 tion of such part ot their said gas works as shall lie 
 within the city of Toronto, be subject and bound by the 
 existing by-laws of tho council of the said city for insur- 
 ing the health, safety and convenience of the inhabitants 
 thereof, and the said gas works, apparatus and appurten- 
 ances, or so much thereof as shall be within tho said city, 
 shall be moreover, at all reasonable times, subject to the 
 visits and inspection of the municipal authorities thereof, 
 or their officers, reasonable notice thereof being previously 
 given to the said company, and the said company and their 
 servants or workmen shall at all times obey all just and 
 reasonable orders and directions they shall receive from 
 the said municipal authorities in that respect, under a 
 penalty of not more than five pounds, nor less than one 
 pound, currency, for each offence, in refusing or neglecting 
 to obey the same, to be recovered from the said company, 
 at the suit and for the use of the mayor, aldermen and 
 citizens of tho city of Toronto, in any court of competent 
 civil jurisdiction. 11 V. c. 14, s. 16. 
 
 Company noi 17. And be it enacted. That in case the said company 
 doing certain gj,aii open or break up any street, square, or public place 
 the lindted i° ^^^ ^<^ city, and shall neglect to keep the passage of the 
 
 \ 
 
OAS AND BLKCTRIC I'OMPANIEH. 
 
 22S 
 
 HEid Htreet, flquare, or public place aH far slh may be free time, the Mni» 
 
 and uninterrupted, or to place guards or fences witli '*»"?«. citf^urveyorl 
 
 or to place watcliinen, or to take every necetwary precnu-at their co«t.' 
 
 tion for the prevention of accidents to piisNongers and 
 
 others, or to close and replace the said streets, squares, or ^ 
 
 public places without unnecessary delay, as hereinbefore 
 
 provided, the city surveyor, under the direction of the 
 
 said council of the city, after notice in writing to the said 
 
 company, shall cause tne duty so ncglecttMl to he forthwith 
 
 peiformed, and the expense theieof shall be defrayed by 
 
 the Miiid company, on its being demanded by the city sur- Repkyment 
 
 veyor, at any time not less than one month after the work '^y *'•* "^"i*' 
 
 shall have been completed, in any case, from the cashier or ^"/f^p"** '' 
 
 treasurer, or any director of the said company, or in default 
 
 of such payment, the amount of such claim shall and may 
 
 be recovered from the said company, at the suit of the 
 
 mayor, aldermen and citizens of the cit / of Toronto, by ' ,^ 
 
 a civil action in any court of competent jurisdiction. 11 \ 
 
 V. c. 14, s. 17. 
 
 18. And be it enacted, That if any person or persons Penalty for 
 shall lay or cause to be laid, an3' pipe or n in to commu- "•'"K 8** 
 
 . . •i.i • • 11*^ '• . .1 •! without oii- 
 
 nicate with any pipe or main belonging to the said com- gg„j of com- 
 pany, or in any way obtain or use its gas without thepany. 
 consent of the directors or their officer appointed to grant 
 such consent, he, she or they shall forfeit and pay to the 
 said company the sum of twenty-five pounds, and also a 
 further sum of one pound for each day such pipe shall so 
 remain, or such supply be obtained or furnished, notwith- 
 standing any contract or agreement which may have been 
 previously entered into, which said sum, together with the 
 costs of suit on that behalf incurred, may be recovered by 
 civil action in any court of competent civil jurisdiction. 
 11 V. c. 14,8.18. 
 
 19. And be it enacted. That if any person or persons penalty for 
 shall wilfully or maliciously break up, pull down, or dam- wilfully iu 
 age, injure, put out of order or destroy any meter, main i""I'8 <"■""- 
 pipe, pipe, or other works or apparatus, appurtenances orSseof the 
 dependencies thereof, or any matter or thing already made works of the= 
 or provided, or which shall be made or provided for the co™P»"y- 
 pin-poses aforesaid, or any of the materials used and pro- 
 vided for the same, or ordered to be erected, laid down or 
 belonging to the said company, or shall in any wise wilfully 
 do any other injury or damage for the purpose of obstruct- 
 ing, hindering or embarrassing the construction, comple- 
 tion, maintaining or repairing the said works, or shall 
 wilfully alter or impair any meter so that the same shall 
 indicate less gas than actually passes through the same, or 
 shall cause or procure the same to be done, or shall 
 increa.se the supply of gas agreed for with the said com- 
 pany by increasing the number or size of the holes in the 
 gas buriiei's, or otherwise wrongfully, negligently, or waste- 
 29 
 
 MS 
 
 PI 
 i 
 
226 
 
 GAS AND ELECTRIC COMPANIES. 
 
 nen. 
 
 Fraii.iulently fully burning the same, or by wrongfully or improperly 
 I^'m oThw-**** ^^**'"S ^^^ S^^ every such person or persons shall be 
 guilty of a misdemeanor, and on conviction thereof, the 
 court before whom such person shall be tried and convicted, 
 shall have power and authority to condemn such person to 
 pay a penalty not exceeding ten pounds, currency, or be 
 confined in the common gaol of the district for a space of 
 time not exceeding three months, as to such court may 
 se6ra meet, and such person shall defray the expenses 
 attending the repair or replacing of such meter. 11 V. 
 c. 14, s. 19. 
 
 This Act not 
 
 to prevent 
 
 iiicor[ 
 
 of other com 
 
 panjes, or 
 
 privnte gas 
 
 works. 
 
 20- And be it enacted. That nothing in this Act con- 
 poration Gained, shall extend or be construed to extend to prevent 
 any person or persons, body politic, or corporate, from 
 constructing any works for the supply of gas to their own 
 premises, or to prevent the legislature of this province at 
 any time hereafter from altering, modifying or repealing 
 the powers, privileges, or authorities hereinbefore ftranted 
 to the said company, or from incorporating any other 
 company for like purposes. 11 V. c. 14, s. 20. 
 
 tinving of 
 rights not 
 mentioned. 
 
 21. And be it enacted, That nothing herein contained 
 shall affect, or be construed to affect in any way or man- 
 ner whatsoever the rights of Her Majesty, her heirs anti 
 successors, or of any person or persons, or of any body or 
 bodies corporate or collegiate, such only excepted as are 
 herein mentioned. 11 V. c. 14, s. 21. 
 
 Power to re- 23. And be it enacted, That in all cases where it shall 
 move pipes \^q lawful for the company to cut off ami take away the 
 
 Wll6rC LllG 1 V ^ *•' 
 
 supply of s"PP'y of any gas from any house or building or premisis 
 gas shall be under the provisions of this Act, it shall be lawful for 
 ff ^"di^ *'"* ^^® ^^^^ company, their agents and workmen, upon giving 
 tinned. twenty-four houi-s' pievious notice to the occupier, t(t 
 
 enter into any such house, building or premises, between 
 the hours of nine in the forenoon, and four in the after- 
 noon, and to remove, take and carry away any pipe, meter, 
 cock, branch or apparatus, the property of and belonging 
 to the said company ; and also for th'j purpose of repair- 
 ing and' making good any such house, building and pre- 
 mises where such pipes or apparatus shall have been so 
 introduced. 11 V. c. 14, s. 23. 
 
 Provision for 24. And be it enacted, That if any person supplied 
 recovery of ^j^jj g^,^ ^^y ^y^Q g^id company, shall neglect to pay any 
 rate or rent due to them at any of the tiines of payment 
 thereof, it shall be lawful for the said company or any 
 person acting under their authority, to stop the gas from 
 entering the premises of such pei-son, by cutting oft the 
 service or other pipe to such premises, or by such means 
 as the company shall think fit ; and that the said company 
 
 rents or ((as 
 dues. 
 
OAS AND ELFXTKIC COMPANIES. 2S7 
 
 may recover the rate or rent due from such persons, to- 
 gether with the expenses of cutting off the gas and costs ' / 
 of recovering the same in any court of competent juris- / 
 diction in this province. 11 V. c. 14, s. 24. ' 
 
 25. And be it enacted, That neither the service nor con- Pii>es, etc. 
 necting pipes of the said company, nor any meter belonging not to v>e 1U- 
 to the said 'company, shall be taken or seized for rent due ^^^^ by 'con- 
 to landlords or for the debts of any person or persons to orsumer. 
 
 for whose use or the use of whose house or building the 
 same may be supplied by the company ; any law or prac- 
 tice to the contrary notwithstanding. This section shall 
 apply to all the pipes, wires, machines, apparatus, stoves 
 and all other property of the company required for the 
 purpose of distributing the said gas or light or steam or 
 other motive power, which said company is hereby 
 authorized to manufacture or for its use by the said com- 
 pany or its customers. 11 V. c. 14 s. 25 ; 42 V. c. 87 s. 5. \ 
 
 26. And be it enacted. That any person who shall wil- ^?{l*l^y ^*"" 
 fully remove, destroy, damage, fraudulently alter, or in any JJ^'j " ^j. *™" 
 way falsify any meter, pipe, pedestal, post, plug, lamp or removing 
 other apparatus or thing belonging to the company or to P'P«"- 
 
 any person, or shall wilfully extinguish any of the public 
 lamps and lights, or waste or improperly use any of the gas 
 supplied by the said company, shall for each such separate 
 and distinct offence forfeit any sum not exceeding five 
 pounds, and .shall pay to the company or such person three 
 times the amount of the damage done. 1 1 V. c. 14, s 26. 
 
 27- And be it enacted. That if any person shall care- Satisfaction 
 lessly or accidentally break, throw down or damage any to be made for 
 metei', pipe, pedestal or lamp supplied by or belonging to^''''"*®"'^*^ 
 the said company, or keep the lights burning for a longer any pipes or 
 time than he shall contract to pay for, and shall not on works, etc 
 ileinand make .satisfaction to the company or to such per- 
 son for the damage done or the excess of gas obtained and 
 used, it .shall be lawful for any justice of the peace or „ . , 
 magistrate of or for the city of Toronto or Home District enforced, 
 to summon before him the per.son against whom such com- 
 plaint shall be preferred, and for any two or more of the 
 said justices or magistrates, upon hearing the allegations 
 and proofs on both sides, or on non-appearance of the per- 
 son so complained against, to award such sum of money 
 by way of satisfaction to the said company or to such per- 
 son as the case may require, for such damages or excess as 
 the said justices or magistrates shall consider reasonable, 
 and in case of neglect to pay any sum so awarded within 
 three days after demand, it shall be lawful for the said 
 justices or magistrates to cau.se the same to be raised and 
 levied by proceedings in due form of law. 11 V. c. 14, s. 27. 
 
 j«',.- 
 
228 
 
 OAS AND ELECTRIC COMPANIES. 
 
 16 Viot. o 142. 
 
 All Act to extend the powers of the Consumers'^ 
 ...^ Gas Company of Toronto. 
 
 ■ \A»»entedto'mTd May, 1853.] 
 
 * 
 
 Preamble. TT7 HEREAS The Gonffumxevs' Gaa Company of Toronto,. 
 TT and also many of the inhabitants of Yorkvillu, in 
 the immediate vicinity of the city of Toronto, have peti- 
 tioned the legislature, that the said company be allowed 
 to extend their works and pipes beyond the limits of the 
 r'ty and into the said village, town or municipality 
 ot Yorkville, and other parts of the township of York 
 adjoining the said city, and it is expedient to allow the 
 same to be done. 
 
 Be it therefore enacted by the Queen's Most Excellent 
 Majesty, by and with the advice and consent of the Legis- 
 lative Council and of the Legislative Assembly of the Pro- 
 vince of Canada, constituted and assembled by virtue of 
 and under the authority of an Act passed in the Parlia- 
 ment of the United Kingdom of Great Britain and Ireland, 
 and intituled. An Act to re-unite the Provinces of Upper 
 and Lower Canada, and fw the Government of Canada, 
 and it is hereby enacted by the authority of the same. 
 
 parts of the 
 township of 
 York. 
 
 
 The company 1. That it shall and may be lawful to and for the said 
 empowered 2'he Consumers' Gas Company of Toronto, to break up, 
 their works ♦'^g* ^^^ trench SO much and so many of the public 
 to Yorkvflle streets, roads squares, highways and other public places 
 and other either of the said city of Toronto, or of the said muni- 
 cipality, town or village of Yorkville, and of the town- 
 ship of York adjacent to the said city of 'J'oronto, 
 as may at any time be necessary or required for 
 laying down the mains and pipes to conduct the gas 
 from the works of the said company to the consumers 
 thereof, whether w^ithin or beyond the said limits of 
 the said city of Toronto, or into, through or over any 
 part of Yorkville aforesaid, or of the said township of 
 York, or for taking up, renewing, altering or repairing the 
 same whenever the said company or their successors shall 
 deem it expedient ; and generally that it shall be lawful 
 for said company, and their successors to do every 
 necessary act, matter and thing, beyond the limits of the 
 said city of Toronto, for the purpose of extending their 
 said works, pipes and mains beyond the said limits into 
 the said municipality of Yorkville, or other parts of the 
 said township of York adjacent to said city, and for sup- 
 plying the gas to the consumers thereof living beyond 
 such limits, in the same manner as the said com[)any now 
 have power to do the same within the said city of Toronto. 
 
OAS AND EI^CTRIC COMPANIES. 
 
 229 
 
 Provided that for the purpose of laying mains it shall not 
 be lawful for the said company, except with the written / 
 
 consent of the engineer of the city of Toronto, or the per- 
 son for thfa time being acting as such, to break up or inter- 
 fere with any of the streets, squares, lanes or passages of^''**^'"8«P 
 the said city of Toronto, until after thirty daj's' notice in Lj^ains. 
 writing of such intention shall have been given to the 
 engineer of the said city of Toronto, or to the person for 
 the time being acting as such, but that it shall be lawful 
 for the said company to break up and interfere with such 
 streets, squares, lanes or passages for the pui-pose of laying 
 service pipes and for repairing any pipes in case of acci- 
 dent, without giving any notice to the said engineer, or to 
 the person for the time being acting as such or the said 
 corporation : provided further, that unless any street, lane, 
 square or passage broken up for the purpose of laying 
 mains, or for any other purpose, by the said company, is 
 within forty -eight hours thereafter restored to its original \ 
 
 condition and so kept in repair by the said company for 
 six months, ordinary wear and tear excepted, the said 
 tngineei- may at any time within the said period of six 
 months, upon giving forty-eight hours' notice in writing 
 of such non-repairs at the head office of the said company 
 order the same to be restored to its former condition at 
 the expense of the city, and deduct the cost of such repairs 
 from any raone}' due by the said the corporation of the 
 city of Toronto to the said company. 16 V. c. 142, s. 1 ; 
 39 V. c. 63, s. 3. 
 
 2. And be it enacted. That the said company shall enjoy Powers and 
 all the powers and privileges now enjoyed by them by Pu'^^^*^^ **' 
 law, and shall be subject to all the same duties and respon- extended to 
 sibilities that they are now subject to by law, in extending auch new 
 their works, pipes or mains beyond the said limits under ^*"''"* 
 
 the authority of this Act; the municipality into whose 
 jurisdiction the}' may so enter, being substituted in all 
 suitable cases for the municipality of the city of Toronto. 
 16 V. c. 142, 8. 2. 
 
 3. And be it enacted. That if any person or persons, body Penalty on 
 or bodies, whether principals or workmen, or party em- persona using 
 ploying such, shall, within or beyond the limits of the said f^vr.'by'" 
 city of Toronto, join or connect any pipe to the main or joining pipes 
 service pipes of the said company, or shall, in any way, join*® «nauw, etc. 
 or connect any pipe for the supply of any light or burner, 
 
 to any pipe whatever containing gas, or used to contain or 
 convey gas, without having first received the consent of the 
 company or their manager or clerk in writing, then such 
 person or persons, or party employing such shall, for every 
 offence, forfeit and pay to the said company the sum of 
 twenty-five pounds, currency, and also a further sum of Further pe- 
 one pound for each daj' such pipe shall so remain, or be "*^*y P* 
 
 III 
 
230 
 
 Company 
 may Imy mhI 
 sell certain 
 things. 
 
 GAS AND ELECTRIC COMPANIES. 
 
 imprisoned for the term of two calendar months in the 
 common goal of the county, on being convicted thereof by 
 any court of competent jurisdiction. 16 V. c. 142, s. 3. 
 
 4- And be it enacted that it shall and may he lawful 
 for the said company to buy, sell, or dispose of in any -ivay 
 any coal, surplu.s coal, or coal required for making gas, or 
 not found to answer for making gas, and to buy, sell, lease 
 or hire all meters, interior or service pipes, mains or gas 
 fittings, lamps or gas apparatus, «nd to employ the neces- 
 say workmen for putting up fittings generally, (g) 16 V.. 
 c. 142, s. 4. 
 
 :x 
 
 18 Viot., o. 215. 
 
 An Act to extend the powers of the Consumers' 
 Gas Company, of Toronto. 
 
 [Assented to 19th May, 1855.] 
 
 Capital may 
 be increased 
 by £50,000 
 in shares of 
 £12 lOs., 
 and how. 
 
 1. That it shall and may be lawful to and for the said 
 company to increase their present capital stock by a fur- 
 ther sum not exceeding fifty thousand pounds, (h) so that the 
 whole capital stock of said conipany may extend to, but 
 not exceed the sum of one hundred thousand pounds, in 
 shares of twelve pounds, ten .shillings each, either among 
 themselves or by the admission of new stockholders on 
 .such terms as the directors may decide and appoint, and 
 that it shall and may be lawful as to such new stock for 
 the directors to call in. the same either in instalments as 
 at present provided, or to issue such new stock oi- any 
 portion thereof, payable at once or at such other dates and 
 times and in such manner as said directors may appoint, 
 and that the manner and <lates when such stock shall be 
 paid up may I e declared in any one or more resolutiions of 
 said directors. 18 V. c 215. s. 1. > 
 
 Companymay 3. That it shall and mft}' be lawful for said company to 
 borrowmoney ix^n-ow on debenture, bond, mortgage or other real or per- 
 etc"atany** sonal security, any sum or sums not exceeding in the 
 rate of in- whole fifty thousand pounds, at such rate of interest and 
 terest. q^ soch terms of credit or otherwise as to said company 
 
 to) .S«42V.,c. 87, 8. 6(0nt.), i).235. - 
 
 {h) Ste 36 v., c. 130, s. 1 (Ont.), p. 231 ; 60 V., c. 85, s. 1 (Ont.), 
 p. 236. 
 
GAS AKD ELBCTRIC COMPANIBS. 
 
 231 
 
 may seem advisable, and to secure Uie same as said com- 
 pany may determine on all or any part of their estates, 
 real or personal or both, no such debenture or bond being 
 for a less sum than twenty-five pounds, and any rate of 
 interest thereby payable !>!iall be l^ally enforcable, al- 
 though exceeiling the rate of six per cent ; and all moneys Application 
 so borrowed or raised shUl be applied to the purposes of ^^^^' 
 said company in the manufacture and distribution of gas, 
 and in increasing and extending their business, or in dis- 
 ciinrging linbilities contracted or to be contracted therefor. 
 18 v., c. 215, s. 3. 
 
 4. That it shftll and may be lawful for the said com- Company 
 pany to hold lands and i-eal property and estate for the™*|['^{|°|^^ 
 purposes of their incorporation ; and that said comptiny of certain 
 may sell and dispose of absolutely in fee simple or bj' w»y real esute. 
 of lease for years to any persons or bodies, any lands or 
 real estate not longer required by them for the purposes 
 aforesaid. 18 V. c. 215, s. 4. 
 
 5- That it shall and may be lawful for said company to M*^ ,P*y ''*^* 
 pay dividends on the capital stock quarterly, if deemed Jerfy ' ^"*'' 
 advisable so to do. 18 V. c. 215, s. 5. 
 
 86 Viot. o. 180 (Ont.). 
 
 An Act to authorize an addition to the capital stock 
 of the Consumers' Gas Company of Toronto, (i) 
 
 [Assimtetl to i9th Marcfi, 1873.] 
 
 WHEREAS The Consumci's' Cfaa Ckmipany of ToiYmto Preamble. 
 have petitioned for authority to increa.se the capital 
 stock of the said company to enable them to meet the 
 requirements of the rapidly increjxsiug population of the 
 city of Toronto and f.he village of Torkville, and it is 
 expedient to grant the same : 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of 
 Ontario, enacts a.s follows : — 
 
 {I 
 
 1. It shall and may be lawful to and for the said com- increase of 
 pany to add to their present capital stock any sum capital stock. 
 
 (i) 34 v., c. 76 (Ont.), " An Act to amend the Act iiicoqiorating the 
 Consumers' Gas Company of Toronto" does not affect the city of Toronto. 
 
SS8 
 
 GAS AND ELBCTRIC COMPANIES. 
 
 .Allotment of 
 new stock. 
 
 !Manuer of 
 payment. 
 
 not exceeding six hundred thousand dollars, {j) divided into 
 shares of fifty dollars each, provided that such increase of 
 the capital stock shall be agreed upon by a majority of 
 the votes of the shareholders present at any annual 
 general meeting or meetings, or at any special meeting 
 or meetings called from time to time for that purpose. 
 36 V. c. 130, & 1. 
 
 2- Any new stock of the said company to be issued on 
 any such increase of the capital stock shall be allotted to 
 the then shareholders of the said company pro rata at 
 par : Provided always, that any of such increased stock 
 which shall not bo taken up and subscribed for by any 
 shareholder within three months from the time when 
 notice of the allotment thereof shall have been mailed, 
 prepaid, in the post office at the city of Toronto, to his 
 address, may be opened for subscription to the public, in 
 such manner and on such terms as the directors of said 
 company may determine. 36 V. c. 130, s. 2. 
 
 3- The shares of such stock subscribed for shall be paid 
 in by such instalments, and at such times and places, and 
 under .such regulations as the directors of said company 
 may from time to time appoint ; and executors, admini- 
 strators, trustees or curators paying instalments on the 
 shares of deceased shareholders shall be, and they are 
 hereby respectively indemnified for paying the same. 
 36 V. c. 130, 8. 3. 
 
 An 
 
 Company 
 need not 
 -allot the 
 whole of the 
 new stock. 
 
 4. It shall not be obligatory upon the said company to 
 open books of subscription or to sell or allot the whole 
 amount of stock authoiized by this Act; but the said 
 company may from time time limit the number of shares 
 for which books of subscription shall be opened, or which 
 shall be allotted, offered for sale or otherwise disposed 
 of, to such amount as may be from time to time ap reed 
 and decided upon by a majority of the votes of share- 
 holders present at any general or special meetings of the 
 shareholders as aforesaid, called for that purpose. 36 V. 
 c. 130, s. 4. 
 
 Notice of 5. The notice of any special meeting or meetings of the 
 
 meeting; of stockholders of said company called by the directors or 
 shareholders, gtockii^iderg thereof, in pursuance of the Act of Incorpora- 
 tion thereof, or of this Act, may be given by inserting a 
 notice specifying the time, place and object of such meet- 
 ing in at least two daily newspapers published in the city 
 of Toronto, in each is.sue thereof, during the three weeks 
 next preceding the day fixed for such meeting. 36 V. 
 c. 130, s. 5. 
 
 ij) Six 60 V. c. 83, s. 1 (Ont), p. 236. 
 
GAS AND ELECTRIC COMPANIES. 
 
 288 
 
 6. All the provisions of the Act incorporating the said Aiiplioation 
 company, and the Acts amendatory thereof, which were aoIT ""' 
 or now are applicable to the present stock of the said com- 
 pany, not inconsistent with the piovisions of this Act, ' 
 shall apply to the new stock subscribed or allotted under 
 this Act. 36 V. c. 130,8.6. ^ 
 
 •<f!. 
 
 -*- , -^ 
 
 42 Viet. 0. 87 (Ont.) 
 
 An Act to amend the Acts respecting the Con- 
 sumers' Gas Company of Toronto. 
 
 , {Assented to Wth March, 1^79.^ 
 
 WHEREAS The Consumers* Gas Company of Toronto Preamble, 
 was incorporated for the purpose of supplying a 
 cheap and effective mode of lighting the streets and places 
 of the city of Toronto, and the area of the operations of 
 the said company was by subsequent Acts extended to the 
 village of Yorkville and the township of York; and whereas 
 the said company alleges that other modes of producing 
 artificial light have been discovered and that gas may be 
 beneficially used as a cheap fuel for heating and cooking 
 purposes, and has petitioned for an Act to amend its said 
 Act of Incorporation and amendments thereto by author- 
 izing said company to manufacture and use such other 
 artificial light and to manufacture gas for such heating and 
 cooking purposes, and for other amendments to their 
 charter ; and whereas it is expedient to grant the prayer 
 of the said petition : — 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the province of Ontario, 
 enacts as follows : — 
 
 1, It shall and may be lawful for the said company to Power to 
 manufacture and sell gas for heating, cooking and other manufacture 
 than illuminating purposes. 42 V. c. 87, s. 1. f^|^ etc.°* 
 
 etc. 
 
 2. It shall and may be lawful for the said company in Power to use 
 substitution for gas, or in connection therewith, or in addi- electric light, 
 tion thereto, to manufacture, use and sell electric, galvanic 
 or other artificial light for the purposes set forth in their 
 Act of Incorporation and amending Acts, and to manufac- 
 ture, store and sell heat derived from other sources than 
 coal-gas and also steam or other motive power obtainable 
 by means of any illuminating or heating agent used in the 
 manufactures of the coinpany. 42 V. c. 87, s. 2. 
 30 
 
 H 
 
 y 
 
234 
 
 GAS AND ELECTRIC COMPANIICS. 
 
 duties. 
 
 Power to 80- 8. It shall and may be lawful for the said company 
 quire patont«. f ^om time to time to acquire by purchase or otherwise any 
 patent or other rights for the manufacture, production, use 
 and sale of electnc, galvanic or other artificial light or 
 < illuminant or gas for heating or cooking purposes, and to 
 sell said patent or other rights or any of them it" in the 
 opinion of the directors unsuitable for the purposes of the 
 company. 42 V. c. 87, s. 3. 
 
 Company to 4, For the purpose of manufacturing and of distributing 
 powere^and"*^ *'®'^*^ light or illuminant, other than gas, and of manufac- 
 be subject to turing and of distributing said gas for heating or cooking 
 existing purposes, and said steam or other motive agent or power, 
 the said company shall have and enjoy all the powers and 
 privileges now held and enjoyed by said company for the 
 manufacture and distribution of gas for lighting pniposes, 
 and shall be subject to all the same duties that they are 
 now subject to, so far as the said powers, privileges and 
 duties mutatis rrvutandia are respectively applicable for 
 the purposes of this Act, and for the purpose of manufac- 
 turing and distributing such artificial light or illuminant 
 other than gas, and such gas for heating or cooking pur- 
 poses, and such steam or other motive agent or power as 
 aforesaid, the said company shall have the power from time 
 to time to erect, alter, improve, enlarge, extend and renew 
 or discontinue works, buildings, storehouses, including 
 places for storing such gas, light, heat or motive power, 
 motors, generators, poles and all other machinery and ap- 
 paratus upon all lands now owned, leased or used by the 
 said company or hereafter to be owned, leased or used by 
 the said company as authorized by its charter, and to lay 
 down, set up, maintain, renew and remove in and upon and 
 under the streets, squares and public places of the city of 
 Toronto, the village of Yorkville, the village of Parkdale, 
 and township of York, all wires, tubes, pipes, posts and all 
 other apparatus to enable said company to supply and dis- 
 tribute such gas or other light and steam or other motive 
 agent or power, and all the provisions made by the said 
 Act of Incorporation and amending Acts for the protection 
 of the gas to be manufactured and distributed b}' the com- 
 pany thereunder, and for the protection of the property of 
 the company and the penalties and liabilities inipvsed 
 thereby on any person or persons injuring the same or 
 illegally using the same shall apply to the gas and artificial 
 light or illuminant and steam, or other motive agent or 
 power as aforesaid which the company are hereby author- 
 ized to manufacture, and to the machinery, wires, ap})a- 
 ratus and property of the company required for the manu- . 
 facture and distribution and use by the company and its 
 customers of such gas and artificial light or illuminant, 
 steam or other motive agent or power as aforesaid : Pro- 
 vided that the rights and powers granted to the said com- 
 
 ProviBO. 
 
OAS AND ELECTRIC COMPANIES. 
 
 S96 
 
 pany by this section to make use of the streets and squares 
 and public places of Toronto, Yorkville, Parkdale, and 
 township of York, so far as the same relate to steam or 
 other motive agent or power or to electric, galvanic or 
 other artificial light or illuminant other than gas, shnll not 
 be exercised except under and subject to any agreements 
 hereafter to be made between the company and the said 
 municipalities respectively, or of any of them, and under 
 and subject to any by-law or by-laws of the council or 
 councils of the said municipalities, or of an; uf them, passed 
 in pursuance thereof; and as to the I'^-it to erect poles 
 and conduct such pipes or wires for the transmission of 
 such steam or other motive power, or of electric, galvanic 
 or other light or illuminiint other than gas, through, under 
 and along private property, the same shall be subject to 
 sections eighty-two, eighty-three, eighty -four, and eighty- 
 five of the Act respecting f Joint Stock Companies for ^ 
 supplying cities, towns, nnd villages with gas and water, X 
 chapter one hundred and fifty -seven. Revised Statutes of 
 Ontario, (Ic) and the said sections shall be read ns forming 
 part of this Act. 42 V. c. 87, s. 4. i 
 
 5. (0 
 
 6* It shall be lawful for the said conj]>any, in addition Power to 
 to the powers granted by the fourth section of the Act of nianufacturo, 
 the province of Canada, pa.ssed in the sixteenth year of g^J'* "p^^''^. 
 Her Majesty's reign, chuptei-ed one hundred and forty-two, tna, etc. 
 to manufacture, make, buy, sell, lea.se, and let for hire all 
 electro-motors, generators, machines, apparatus, lamps, 
 stoves, and other things required for manufacturing, dis- 
 tributing and using the gas manufactured by them for 
 lighting or heating or cooking purposes, and the electric, 
 galvanic, or other artificial light or illuminant manufac- 
 tured by them, and said steam or motive power. 42 V. c. 
 8/, s. 6. 
 
 7- The said company on the one part, and any munici- Contracts 
 pal or other public corporation or body on the other, may *'»*•» oorpor- 
 enter into and carry into effect contracts and agreements **'*'°' 
 for one or more years, for and with respect to the supply 
 to such corporation or body of said gas, electric light or 
 other illuminant, and such steam or other motive power as 
 aforesaid, and any fittings required therefor, and such cor- 
 poration or body may apply their funds and rates for the 
 purpo.ses of this section. 42 V. c. 87, s. 7. 
 
 {k) See R. S. 0. (1887) c. 164, as. 94-97. 
 (0 See 11 Vict. o. 14, 8. 25, p. 227. 
 
236 
 
 OAS AND ELECTRIC COMPAMEH. 
 
 50 Viot. 0. 85 (Ont.) 
 
 An Act to further extend the powers of the Con- 
 sumers' Gas Comimny of Toronto. 
 
 [Aaaented to 2Srd April, 18S7.] 
 
 Preamble. TITHEREAS the Consumers' Gas Company of Toronto 
 f T have petitioned for authority to increase the capital 
 stock of the said company and the amount of their real 
 estate, to meet the requirements of the rapidly increasing 
 population of the city of Toronto, and 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 :— • 
 
 Increase of 1. It shall be lawful for the company to add to their 
 **th*^'*T'' P''®*®''^^ capital stock such an amount as shall increase the 
 au onze . gj^jj^g ^ j^ g^j^ j^qj. exceeding $2,000,000, divided into shares 
 
 of $50 each, provided thut such increase of capital stock 
 shall be first agreed upon by a majority of the votes of the 
 shareholders present at any annual general meeting or 
 meetings, or at any special meeting or meetings called from 
 time to time for that purpose. 50 V. c. 85, s. 1. 
 
 Stock may be 2- It shall not be obligatory upon the company to soil, 
 issued in at one time, the whole amount of stock authorized by this 
 parce s. ^^^^ y^^^ ^-^^ company may, from time to time, limit the 
 number of shares to be offered for sale to such an amount 
 as may be from time to time agreed and decided upon by 
 a majority of the votes of shareholders present at any 
 general or special meetings of the shareholders as aforesaid 
 called for that purpose. 50 V. c. 85, s. 2. 
 
 Notice of 3. The notice of any special meeting or meetings of the 
 
 meetings. stockholders of the company called by the directors of the 
 company in pursuance of this Act, may be given by insert- 
 ing a notice specifying the time, place and object of such 
 meeting in at least two daily newspapers published in the 
 city of Toronto, in each issue thereof during the three 
 weeks next preceding the day fixed for such meeting. 50 
 V. c. 85, 8. 3. 
 
 stock to be 4. All shares to be issued under the provisions of this 
 
 Son and"sur- ^^^' ^^^^^^ ^^ ^^^^ ^y P^^^'C auction after three weeks' notice 
 plus over par in two of the daily newspapers published in the city of 
 value added Toronto, such shares to be put up in lots of ten shares each, 
 and all surplus realized over the par value of the shares so 
 sold, shall be added to the rest or reserve fund of the 
 company, until the same shall bo equal to one-half of the 
 paid up capital stock of the company, the true intent and 
 
 to reserve. 
 
0AM AND KLECTRIC COMPANIES. 237 
 
 meaning being that the company may at all times have and 
 maintain a rest or reserve lund, equ.;' to, but not exceed- 
 ing, (^e-half of the then paid up capital of the company, 
 and wnich rest or reserve fund may be inveHted in Domin- 
 ion or Provincial stock, municipal debentures, school de- 
 bentures, drainage debentures, debentures of loan compan- 
 ies, and mortgages on real estate. 50 V. c. 85, s. 4>. 
 
 5. The shares of such increased stock shall be paid in, Paymenta on 
 together with the premiums (if any) thereon, by .such in-"** Btock. 
 stalments and at such times and places and under Euch 
 regulations as the directors may from time to time appoint. 
 50 V.c. 85, 8. 5. 
 
 6> There shall be created and maintained by the com- Renewal 
 pany, out of the earnings of the company, another fund, to fund, 
 be called the plant and buildings renewal fund, to which 
 fund .shall be placed each year the sum of five per cent, on ' \_ 
 
 the value at which the plant and buildings in use by the 
 company, stand in the books of the company, at the end of 
 the then fiscal year of the company, and all tisual and 
 ordinary renewals and repairs snail be charged against 
 thia fund. 50 V. c. 85, s. 6. 
 
 7. Any surplus of net profit, from any source whatever. Special sur- 
 including premiums on .sales of stock, after the rest or P'»« account, 
 reserve fund shall have been established and maintained 
 
 as aforesaid, remaining at the close of any fiscal year of the 
 company after payment of fees to the president, vice-pre- 
 sident, and directors of the company (not exceeding in all 
 the sum of $9,000 per annum), after payment of dividend 
 at the rate often per cent, per annum on the paid up 
 capital stock of the company, and the establishment and 
 maintenance of the said rest or reserve fund, and providing 
 for said plant and buildings renewal fund, shall be carried 
 to a special account, to be known ns the special surplus 
 account, and whenever the amount of .such surplus is equal 
 to five cents per thousand cubic feet on the quantity of gas 
 sold during the preceding year, the price of gas shall be 
 reduced for the then current year, at least five cents per 
 thousand cubic feet to all consumers. 50 V. c. 85, s. 7. 
 
 8. If in any year, the net profit of the companj'-, from Application 
 all sources, are not sufficient to meet the requirements of "^ '««*^^"'e 
 the company for the payment of fees to the president, vice- 
 president and directors (limited as aforesaid), the payment 
 
 of dividends at .said rate of ten per cent, per annum, as 
 aforesaid, and to provide for the plant and buildings re- 
 newal fund, it shall and mav be lawful for the directors of 
 the company in their discretion, to draw upon the .said rest 
 or reserve fund to the extent of any such deficiency, and 
 to restore any amount so drawn from time to time from 
 said rest or reserve fund, out of the earnings of the com- 
 
 I 
 
 li 
 
S88 
 
 A 0(1 it uf ooin- 
 pany'i ac- 
 ooHiita. 
 
 0A8 AND ELIUTRKJ COMPANIES. 
 
 pany, but the Maid rent or reserve fund Hhall not be other- 
 wiHu drawn upun. 50 \. c. bo, a. 8. 
 
 9> The company Nhitll give not less than two weekn' 
 written notice hy registered lett^-r, to the mayor of the 
 city of Toronto for the time being of the time of commencing 
 the annual audit of the buokH and accounts of the company, 
 and it shall and may be lawful for nn auditor to be 
 appointed by the mayor of the corporation of the city of 
 Toronto, Hhould he deem it advisable to make such appoint- 
 ment, to be present at such annual audit, and for the pur- 
 pose of verifying the company's annual statement, to have 
 access at the cumj)any'N office to all books, accounts, and 
 papers necessary for such purpose. 50 V. c. 85. s. y. 
 
 Power to hold 
 puhI eatute of 
 125, 
 value. 
 
 10. Notwithstanding anything contained in former Acts 
 
 MOyearly affecting the company, it shall be lawful for the company 
 
 le. to acquire and hold real estate, of which the total yearly 
 
 value shall not exceed $25,000, over and above the yearly 
 
 value of any buildings and works now, or which may be 
 
 hereafter erected thereon. 50 V. c. 85, s. 10. 
 
 I 
 
 Light 
 
 4. PEOPLE'S 0A8 OOMPANT. 
 40 Vict. 87 (Ont.) 
 
 An Act to incorporate The People's Gas Company. 
 
 ' • : [Assented to 2nd March, IS77.] 
 
 Effete. 
 
 
 Preamble. 
 
 6. INCANDESCENT LIQHT OOMPANT OF TORONTO. 
 56 Vict o. 107 (Ont.) 
 
 An Act respecting The Toronto Incandescent Elec- 
 tric Light Company, Limited. 
 
 ^ - [Assented to 27th May, 1893.] 
 
 WHEREAS The Toronto Incandescent Electric Light 
 Company (Limited), was duly incorporated by 
 letters patent dated the 31st July, 1889, issued under 
 
OAH AND KLKCTUIO COMHANIBS. 
 
 The Ontiirio Joint Slock Companien' Ldtern Patent Ad, 
 and the Act rcHiwdiiKj Companie« for Strain, and Heating 
 or far Hupplyinif Klectricitif foi' Light, JleaA or Power; 
 und whereaM, by lutters patont issued under the Hjvid { 
 Hi'Htly above-mentioned Act, dated the Hth Au^imt, 1891, 
 the capital stock of the company wns increase*! to 9500, V 
 000; aid whereas, the company has petitioned that an 
 Act may be pnssetl to change tlie name of tlie company ; 
 and to contirm to tlie said company, under such changed 
 name, the powers conferred upon the comjiany by the said 
 letters patent ; and to contirm a certain agreement 
 bearing date the 3l«t day of July. 1889, nmde between the 
 corporation of the city of Toronto and the company, 
 • • * 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 : — 
 
 1. The name of the said company is hereby changed to Nmne of 
 that of the "Incandescent Light Company of Toronto "; ^^j^J^ 
 4ind from and after the passing of this Act, the said cor- 
 poration shall be called and known as the " Incandescent 
 Light Company of Toronto." 56 V. c. 107, s. 1. 
 
 2. The company under its said name as changed as Company not 
 aforesaid shall not be deemed to be a new corporation, but^",^^ *" 
 it shall continue to exercise all the rights, powers and corporation, 
 privileges that prior to the parsing of this Act, under the 
 provisions of the said Acts in the preamble of this Act 
 mentioned, or otherwise, have been held, exercised and en- 
 joyed by the company in as full and ample a manner as if 
 
 the comp.my had continued under its original name ; and 
 the several provisions of the said Acts, except sections 71, 
 73 and 75 to 80 of chapter 164 of the Revised Statutes of 
 Ontario, 1887, are hereby incorporated in and are to be 
 considered as sections of this Act as if they had been set 
 out at length in and enacted as part thereof subject after 
 the passing of this Act only to the amendments in this 
 Act contained ; and all i-eal and personal property, shares 
 or stock, obligations, debts, claims, rights, powers and 
 privileges of the company shall, after the passing of this 
 Act be held by anii ve.sted in the company under the name 
 of the " Incandescent Light Company of Toronto " ; and 
 all the shareholders of the company shall continue share- 
 holders in all respects as before the change of name afore- 
 said ; but all legal and other proceedings prior to the 
 passing of this Act, begun by or against the company, may 
 be continued under the name or under the style of cause 
 in which they have been begun. 56 V. c. 107, s. 2. 
 
 3. The agreement made between the corporation of the Agreement 
 city of Toronto of the first part, and the company of the with city of 
 
240 
 
 Toronto 
 ooofirmed. 
 
 OAS AND ELECTRIC COMPANIES. 
 
 second part, and which is set out in schedule " A " to this 
 Act,(m) except in so far as the name of the company may be 
 changed by this Act, is hereby confirmed and made valid 
 and binding in all respects whatsoever as fully and com- 
 pletely as if the said agreement had been made with the 
 company in the name of the company ns changed as afore- 
 said, and as if the several clauses of the said agreement 
 with the name of the company so changed as aforesaid, 
 wherever the name of the company occurs therein were 
 set out at length and enacted as part of this Act ; and the 
 execution of the said agreement by the corf)oration of the 
 city of Toronto is hereby declared to have been and to be 
 legal and binding on the said corporation for all the pur- 
 poses in the said agreement contained ; provided always, 
 that notwithstanding anything in this Act contained, the 
 council of the corporation of the city of Toronto and the 
 company may agree together to change any of the pro- 
 visions of the said agreement, or to make any further and 
 other provisions respecting the matters set forth in the 
 said agreement. 56 V. c. 107, s. 3. 
 
 I 
 
 I 
 
 :i 1 
 
 SCHEDULE "A." 
 
 {Section 3.) 
 
 This agreement made the thirty-first day of July, A. D. 
 1889, between the corporation of the city of Toronto, 
 hereinafter called the " corporation " of the first part 
 and the Toronto Incandescent Electric Light Com- 
 pany, hereinafter called " the company " of the 
 second part. 
 
 Whereas the company proposes to establish works in 
 the city of Toronto, hereinafter referred to as " the city," 
 for the manufacture, production and supply of electricity 
 for the purposes of light, heat, power and other purposes. 
 and has applied to tne corporation for the right to lay 
 down underground wires, conduits and appliances for the 
 distribution and supply of electricity throughout the city. 
 
 And whereas the corporation has agreed to grant .such 
 right upon the terms and conditions hereinaftor set forth : 
 
 1. Now this indenture witnesseth thai in consideration 
 of the preixiises and of the covenants ond agreements 
 herein set forth on the part of the company to be observed 
 and performed, tho corporation doth hereby give and grant 
 unto the company, their successors and a.ssigi\s, the right 
 to construct, lay down and operate underground wires, 
 
 (?«) Fo'. articles of agreement between the city and the Toronto Klect- 
 ric T-ight (^'oniptiny, dated 28th October, 1890. See minutes of the city 
 council, 1890, App., p. 2o23i 
 
OAS AND ELECTRIC COMPANIES. 
 
 241 
 
 conduits and appliances for the distribution and supply of 
 electricity as aforesaid, and to take up, renew, alter and 
 repair the same, and for that purpose from time to time, 
 under the supervision of the city engineer, and to his satis- 
 faction, to make such openings in, upon and along the 
 streets, lanes, parks and public places in the city of 
 Toronto as may be found necessary or convenient for the 
 purposes aforesaid : and thereafter to fill all such openings 
 and to restore the road-bed as nearly as possible to the 
 same condition in which it was before such openings were 
 made. "->:V, • /.■: ' -- 
 
 All such openings shall be made at such times and places 
 and in such manner as the city engineer may from time 
 to time direct. 
 
 2. When and so often as it may be necessary for the 
 company their successors or assigns to make any such 
 openings, they shall give at least ten days' notice in writ- 
 ing to the mayor and city engineer of their desire to make 
 such openings, specifying therein the portion of the road- 
 bed in which they desire such openings to be made. 
 
 3. The council of -the corporation shall have the right 
 tu prohibit the company from making such openings in 
 any street, lane, park or public place if there be any cause 
 why such opening should not be made, and another ."'•Teet, 
 lane or place whereb}'^ access to the locality desireo co be 
 reached is available. 
 
 4. The work aforesaid shall not be unnecessarily de- 
 layed but shall be carried on and completed with all reas- 
 onable despatch, due regard being had to the proper and 
 efficient execution thereof ; and in case the said openings 
 that may be made by the company be not filled up and 
 the said road-bed restored as aforesaid within such time as 
 the city engineer may by writing under his hand allow 
 for the same, the corporation may proceed to fill up such 
 opening and to restore such road-bed at the expense of the 
 company, and the expense thereof shall be ascertained and 
 ceitified by the city engineer, and the amount so certified 
 shall be a debt from the company to the city, payable 
 forthwith on demand and recoverable with costs by 
 action in any court of competent jurisdiction. 
 
 5. The company shall iiidemnify the corporation for and 
 ill respect of all damages and costs thai inay be sustained 
 by or to which the corporation may be put in consequence 
 of opening up of any street, lane, park or public place 
 aforesaid by tha company, or in consequence of the road- 
 bed not being restored to the same condition in wliicn it 
 was before such openings were made by the company as 
 aforesaid, or otherwise by reason of the exerci^e by the 
 company of the powers or privileges granted under this 
 agreement 
 
 31 
 
 !ii 
 
 iw 
 
2i2 OAS AND ELECTRIC COMPANIES 
 
 6. At the expiration of thirty years from the date of 
 this agreement the corporation shall (subject to the pro- 
 visions hereinafter set forth, and if the corporation shall 
 have given to the company one year's previous notice in 
 writing of their intention so to do) have the right to pur- 
 chase (that is at the expiration of said thirty years) all the 
 interests and assets of the conipany,comprising plant, build- 
 ings and materials used or necessary for the carrying on 
 of its business, and the amount in such case to be paid to 
 the company by the corporation, if not agreed upon by 
 the company and the corporation, shall be ascertained by 
 the award of thi'ee arbitrators, to be appointed one by the 
 corporation, one by the company and the third to be ap- 
 
 y pointed by the two appointed as aforesaid; and in case 
 the corporation shall fail to exercise such right at the ex- 
 piration of the said thirty years, the corporation may at 
 the expiration of each succeeding period of twenty years 
 exercise the same right of purchase on the same terms, 
 provided one year's previous notice in writing of their in- 
 tention so to do shall have been given to the company. 
 
 Pi-ovided always that such right of purchase shall exist 
 only in wise the corporation shall provide for a similar 
 right of purchase and shall impose a like condition upon 
 ,' all companies hereafter authorized or required by the cor- 
 poration to use any of the streets, lanes, parks or public 
 places in the city of Toronto, for the purpose of carrying 
 on the business of electric lighting, heating or power 
 within the city. 
 
 7. The company shall not without the consent of the 
 corporation lease to, amalgamate with, or sell out- to any 
 other compan}'', corporation, firm or individual, and in case 
 the company shall lease to, amalgamate with or sell out to 
 any other company, corporation, firm or individual, all 
 rights granted by this agreement shall cease and be 
 forfeited. 
 
 In witness whereof the corporation of the city of Toronto 
 have caused their corporate seal to be hereunto affixed, 
 and the said Toronto Incandescent Electiic Light Company 
 have hereunto caused their corporate seal to be hereunto 
 annexed the day and year first above written. 
 
 (Sd.) John McMillan, (L.S.) 
 
 President of the Council. 
 
 (Sd.) John PATTER.iON, 
 
 Assistant-Treasurer. 
 
 (Sd.) The Toronto Incandescent Electric 
 Light Company. (L.S.) 
 
 ' Per Frederic Nicholls, 
 
 Manager end Treasurer. 
 
HAUBOUB. 
 
 t48 
 
 HARBOTTR- 
 
 4 Wm. IV., o. 28. 
 
 An Act to extend the limits of the Town of York ; 
 to erect the said town into a city ; and to 
 incorporate it under the name of the City of 
 ' T ronto. 
 
 " [Pa88ed 6th March, 1834.] 
 
 A 
 
 18. * * AH that portion of the liberties Distance of 
 
 of the said city [of Toronto] lyin* between the margin of main pipes 
 the water on the north side of the Bay in front of the said ^"J?™ *•*"■« <»^ 
 city and the margin of the water on the north 'side of the pan^ea"**""' 
 marsh and Bay east of the river Don and the southern ^>^ 
 
 limits of the said liberties, including the peninsula and 
 island, shall constitute and form the port of Toronto. 4 
 W. IV. c. 23, s. 13. 
 
 . 13-14 Vict. o. 80. 
 
 An Act to provide for the future management of 
 the Toronto Harbour. 
 
 [10th August, 1850.] 
 
 WHEREAS under the Act of the Parliament of Upper Preamble. 
 Canada, passed in the Third Year of the Reign of 
 King William the Fourth, and intituled. An Act granting v, c. 3W. 4, 
 {( sum of money for the construction of Works to improve o- 31. 
 and preserve the harbour of York, and for other purposes 
 therein mentioned, and the Act of the said Parliament, 
 passed in the seventh year of the said Reign, and inti- 
 tuled. An Act granting a sum of money to complete then. C. 7 W. 4, 
 improvement of the Harbour of foronto, certain improve- c. 64. 
 luents in the harbour of Toronto were made and sums of 
 money were advanced by the Government for making the 
 said improvements, the claim of the province for any 
 balance whereof can easily be adjusted in a satisfactory 
 manner, and it is expedient that the operation of the said 
 Acts should cease, and that better provision should be 
 made, for the improvement and management of the said 
 harbour : 
 
244 
 
 HABBOUR. 
 
 The said Acts 
 to cease. 
 
 Be it therefore enacted by the Queen's Most Excel- 
 lent Majesty, by and with the advice and consent of 
 the Legislative Council and of the Legislative Assembly 
 of the province of Canadn, constilutetl and assembled by 
 virtue of and under the authority of an Act passed in the 
 Parliament of the United Kingdom of Great Britain and 
 Ireland, and intituled. An Act to re-unite the provinces of 
 Upper and Lower Cancula, and for the Government of 
 Cavada, and it is hereby enacted by the authority of the 
 same. 
 
 1. That from and after the passing of this Act, the 
 operation of the Acts cited in tne preamble to this Act 
 shall cense, and the improvements made under the same 
 or heretifter to be made in the said harbour shall be under 
 the control and management of the commissioners herein- 
 after mentioned. 13- J 4 V. c 80, s. 1. 
 
 ore"tr£'**"" ^ ^^^ ^ *** enacted, That it shall bo lawful for tlie 
 appointed, Common council of the city of Toronto to appoint two 
 and by whom, persons to be Commissioners under this Act, and for the 
 Toronto Board of Trade to appoint two other persons to 
 be commissioners under this Act, and for the majority of 
 such commissioners to recommend another person to be a 
 commissioner under this Act, who shall upon such recom- 
 mendation be appointed by the Governor of this Province, 
 but if such majority shall report that they cannot agree on 
 such person, then the Governor shall appoint such fifth 
 commis.sioner without such recommendation ; and the fom- 
 iirst mentioned commissioners shall hold office respec- 
 tively during the pleasure of the authority by whom they 
 shall have been appointed, and by whom they may be 
 removed, re-appointed, or others appointed in their stead -^ 
 and the fifth commissioner shall be removable by the 
 Governor, and in case of such removal, another shall be 
 appointed in the manner aforesaid. 13-14 V. c. 80, s. 2. 
 
 Commission- 
 ers to be a 
 bo<ly corpo- 
 rate. 
 
 Quoruin. 
 
 3- And be it enacted, That the said commissioners shall 
 be a body corporate, by the name of The Commissioners 
 of the Harbour of Toronto, and shall by that name have 
 and may exercise the powers vested in bodies corporate 
 by the Interpretation Act, and all such powers as mxy be 
 necessary for carrying this Act into effect, according to its. 
 true intent and meaning ; and such powers may be exer- 
 cised by any three of the said commissioners as effectunlly 
 as by all of them ; and if any three of them shall execute 
 an}' deed, »ud affix the corporate seal of the commissioners 
 to the same, it shall be held to be the deed of the coiu- 
 missioners. 13-14 V. c. 80, s. 3. 
 
 What proper- 4. And be it enacted. That the works and property 
 
 ty shall be constructed and acquired by the commissioners appointed 
 vested in the i ^ 
 
HARBOUH. 
 
 245 
 
 under the Acts hereinbefore cited shall be and are hereby Commiaaion 
 vested in the comaiissioners under this Act, as shall be*"* 
 also all such works and property as shall be constructed 
 or purchased by them under this Act for the purposes 
 thereof, or as may be assigned and conveyed to them for 
 the said purposes by the common council of the city of 
 Toronto, acting for the municipal corporaUon thereof ; and Common 
 the said common council acting as aforesaid, shall have *'"""cil m»y 
 power to take any property which may be required by.™*iJJ^^I^ 
 the said commissioners for the improvement of the said the commia- 
 harbour, in like manner and under like conditions as they "ionera. 
 are empowered to take pro|)erty for the opening of any 
 :street in the said city, and upon the conveyance of such 
 property to the said commissioners, the sum which the 
 .said municipal corporation shall have paid for the same 
 (or such less sum as the common council and the com- 
 missioners may agree upon) may be made by the com- ' 
 missioners out of the moneys they ate hereby empowered - \ 
 
 to borrow ; or the said municipal coi-|>oration may place 
 any property under the control of the said commissioners 
 for any period without absolutely conveying it to them. 
 13-14 v. c. 80, s. 4. 
 
 5. And be it enacted. That it shall be the duty of the Commission- 
 said commissioners, with such ssistance as they may find ^***]Sttd***" 
 necessary, to prepare plans and estimates for the improve- ntinuitea,etc. 
 ment of the said harbour of Toronto, and it shall be lawful 
 
 for the commissioners to acquire such property as may be 
 requisite to enable them to execute the same, and to do all 
 lawful things which may be necessary for the execution 
 thereof. 13-14 V. c. 80, s. 5. 
 
 6. And be it enacted, That it shall be lawful for the Commission- 
 said commissioners, at anytime after their appointment, ?"j°^y^''" 
 to make by-laws for regulating the use of the works and certain pur- 
 property vested in them or placed under their control, and poses, and 
 for the government of all parties using the same, and of all ""P®** '**^'*' 
 vessels and floats coming mto or using the said harbour 
 
 and by such by-laws to impose tolls to be paid upon such 
 vessels and upon goods landed from or shipped on board 
 of the same, and upon such floats, which tolls they may, if 
 they think fit, levy according to the use which may be 
 made of such harbour and works aforesaid and the period 
 Juring which such use shall continue in any case; and by 
 such by-laws the said commissioners may direct in what 
 manner, at what time, end to what persons the sud tolls 
 shall be paid, and may impose fines not exceeding five 
 pounds in any case, for the contravention of any such 
 by-law, to be recovered by the said commissioners, and 
 for their use for the purpases of this Act, in any manner 
 in which fines imposed by by-laws of the municipal 
 corporation of the said city can be recovered ; and such 
 
246 
 
 HAKBOUR. 
 
 Powera for 
 recovery of 
 tolls. 
 
 / 
 
 by-laws may from time to time be repealed or amended 
 by other by-laws to be made by the commiasioners for 
 that purpose ; and the said commissioners shall hnve power 
 and authority to detain any vessel, float or goods on which 
 any tolls may be due, at the coxt and risk of the owner 
 thereof, until the same are paid, and if they be not paid 
 within one month after they have accrued, such vessel, 
 float or goods m«y be .sold by the said commissioners by 
 public auction to the highest bidder, and the commissioners 
 shall retain out of the proceeds the junount of the tolls 
 due and of the expenses of detention and sale, and shall 
 pay the surplus to the owner on demand ; or the said 
 commissioners may recover such tolls from the master, 
 owner, consignee or person in charge of the vessels, goods 
 or floats on which they may be due, in the usual course of 
 law, as a debt due to them. 13-14 V. c. 80, s. 6. 
 
 Persons 
 employed by 
 tho coB?" 
 missionerb. 
 
 7. And be it enacted. That the said commissioners may 
 in piu-rying this Act into effect, employ such persons to 
 assist them as may be necessary, and ass\»n to them such 
 powers and duties as they may deem expedient. 13-14 V. 
 c. 80, s. 7. I 
 
 
 Commission- 8. And be it enacted, That for defraying the expenses 
 era empower- Qf improving the said harbour and carrying the provisions 
 suniof mbney* o*" ^^^^ Act into eflect, it shall be lawful for the said com- 
 missioners to borrow, either in this Province or elsewhere, 
 such sums of money, not exceeding in the whole fifty 
 thousand pounds cun*ency, and at sudi rate of interest not 
 exceeding eight per centum per annum, as they may find 
 necessary, but at the lowest rate at which they can obtain 
 the same ; and the interest on the sums so borrowed shall 
 be payable half-yearly, on days to be named in the deben- 
 tures, and the principal at such period or periods as may be 
 agi'eed upon, and such intei*est and principal may be made 
 payable at such places within or without this Province, 
 and in such currency or money whether of this Province or 
 of any other country, as. the commissioners shall find 
 expedient ; and the debentni-es to be issued by the said 
 commissioners for the sums so borrowed may be in such 
 form as they shall think proper, and shall be signed by at 
 least three of them, and shall bear the seal of the corpora- 
 tion ; and the principal and intei'est of the sums so borrowed 
 as aforesaid shall be secured upon and payable out of the 
 tolls and other revenues to be received by the said com- 
 missioners under this Act, but shall not be guaranteed by 
 this Province, or payable out of any provincial funds. 
 13-14 V. c. 80, s. 8. 
 
 Debentures 
 to be issued. 
 
 Order of 9. And be it enacted. That the pn^ceeds of the tolls and 
 
 charges on the fevenues to be received by the said commissioners under 
 revenues. ^'^^^ ^<^^ shall be applied by them : 
 
HARBOUR. 
 
 S47 
 
 First To the payment of all reasonable expenses of Management 
 collecting the same and of managing the said harbour and 
 works, and keeping the same in efficient repaii ; 
 
 Secondly. To the payment of the interest of the sums interest 
 borrowed as aforesaid and of the principal thereof, at the 
 periods ^;vhen the same shall respectively become due ; 
 
 Thirdly. To the payment of not less than two per Sinking fund, 
 centum per annum on the sum to be so borrowed, for the 
 purpose of forming a sinking fund towards paying off the 
 principal of the sum so borrowed, the amount to be so paid, 
 the officer to whom it shall be paid, and the modo of pay- 
 ing, managing and investing the same, to be from time to 
 time determined by the Governor in Council : Provided Pro^'"*- 
 always, that if the proceeds of the said tolls and revenues 
 shall not at any time be sufficient to meet the charges 
 imposed thereon by this section, then it shall be the duty v 
 
 of the commissioners to increase the tolls aforesaid, to 
 such extent as will in their opinion be sufficient to produce 
 sufficient revenue to meet the said charges. 13-14 V. c. 80, 
 s. 9. . 
 
 10. And be it enacted, That the said commissioners •^•=*'°""**"8 
 shall keep detailed accounts of all moneys borrowed, 
 received and expended by them under the authority of 
 
 this Act, and shall account for the same to the Governor 
 in such manner and form and at such periods as he shall 
 from time to time direct, and such accounts shall be 
 accompanied by a full and particular statement of the 
 proceedings of the commissionei's under this Act. 13-14 
 V. c. 80, s. 10. 
 
 11. And be it enacted. That the word " ves.sels" in <;^is JjJ^t^'^^fe^ 
 Act shall include ships, boats, vessels and water-craft of '""''* * 
 all kinds, whether impelled by sails or steam, or both, or in 
 
 any other way whatever, and the word "floats" shall 
 include all rafts, cribs, or timber afloat, and all other 
 things floated in the water and not being ves.sels ; and the 
 word " goods " shall include goods, wares, merchandize, 
 animals, articles and things of any description whatever 
 not being vessels or floats. 13-14 V. c. 80, s. 11. 
 
 12. And be it eaacted. That this Act shall be a Public P«^"° -'^•'*^ 
 Act. 13-14 V. c. 80. s. 12. 
 
 I 
 il 
 
248 
 
 HARBOUR. 
 
 25Viot. o. 26. 
 
 An Act to amend the Act for the management of 
 the Toronto Harbour. 
 
 [Assented to 9th JuTie, 1862.] 
 
 Preamble. TIT HERE AS the commissioners of the harbour of Toronto 
 V « have, by their petition, set forth that the pier at the 
 mouth of the said harbour, constructed by them for the 
 purpose of protecting the same, can now be made available 
 . ' for other purposes, and is well adapted for the site of grain 
 
 elevators, and that application has been made to them by 
 x' railway companies for a lease of the same, with the view 
 of laying down branch rails on the said pier and construct- 
 ing such elevators, and that such accommodation is much 
 needed by the trade of Toronto, and would greatly benefit 
 the public, and at the same time would bring in some 
 return for the outlay expended by the petitioners, without 
 
 '^ in any way interfering with their proper and legitimate 
 
 business or duties as such commissioners, and have prayed 
 to be enabled to enter into the necessary leases, and make 
 the necessary arrangements, with railway companies or 
 other parties, for the above purpose; 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 Council and Assembly of Canada, 
 enacts as follows : 
 
 Commisaion- 
 ers may lease 
 the pier for 
 certain pur- 
 poseB, and 
 tor a certain 
 period. 
 
 May agree 
 with any rail- 
 way company 
 «to. 
 
 1. The commissioners of the harbour of Toronto may, 
 at any time, and from time to time, grant leases of the 
 pier at the mouth of the said harbour, constructed by 
 them for the purpose of protecting the same, to railway 
 companies, or to any persons, for the puipose of construct- 
 ing grain elevators thereon, and laying down branch lines 
 of railway leading to such grain elevators ; and any such 
 lease may be made and entered into for any period not 
 exceeding twenty-one years ; and the said commissioners 
 may also, at any time, and from time to time, make and 
 enter into any agreement or arrangement with any |lail- 
 way Company, or with any person, for the construction 
 and use of any grain elevator or of any branch line of 
 railway on or over the said Pier, and generally for the 
 management and working thereof, when constructed, for 
 any term not exceeding twenty-one years. 25 V. c. 26, 
 s. 1. 
 
 Public Act. 
 
 2. 
 
 2. 
 
 This Act shall be deemed a Public Act. 25 V. c. 26, 
 
1. 
 
 2. 
 
 a 
 
 4. 
 
 HOSPITALS AND CHARITIES. 
 
 HOUPITALS AND OHARITISa 
 
 Paoi. 
 
 Toronto Okniral Hospital 240 
 
 HousK op Industry 249 
 
 Inkbriate Inbtitdtionb 200 
 
 iNnOTIODB DiSBASKS HuBPITAL 251 
 
 1. TOBONTO GENERAL HOSPITAL. 
 8G Viot. 0. 65 (Ont.) 
 
 All Act to amend the Acts relating to the Toronto 
 General Hospital. 
 
 .. [Aaeented to loth February, IS70.] 
 
 1. The trustees of the Toronto General Hospital shall Tnutees, 
 hereafter be appointed and hold office as follows: three how to be 
 shall be appointed by the Lieutenant-Clovernor in Council, *PP*'*"**^" 
 to hold office during pleasure ; one shall be the mayor of 
 
 the city of Toronto for the time being, and the other shall 
 be elected by the majority of votes of annual subscribers 
 to the funds of the hospital for the current year of $20 at 
 the least: 39 V. c. 65, s. 1 ; 41 V. c. 71, s. 11. 
 
 2. AH the said appointments shall be annual, taking xenure of 
 effect from the first day of January and terminating on office by 
 the thirty-first day of December in each year ; they shall *"»*««"• 
 be made in the first week in December previously. 
 
 * ♦ ♦ 39 V. c. 66, s. 2, j)ar«. 
 
 ■:y- 
 
 Si' I 
 
 2. HOUSE OP INDX78TB7. 
 14-15 Viot o. 85. J > ^ 
 
 An Act to incorporate the House of Industry of 
 ' , Toronto. ,r 
 
 [2nd August, 1851.] 
 
 1. Henry James Qrasett, William Cawthra and John 
 Ewart, together with the mayor of Toronto for the time 
 
*l 
 
 S50 HOSPITALS AND CUAKITIE8. 
 
 1 
 
 being, the Reverend Stephen Lett, LL.D., clerk, the 
 Reverend Alexander Oeikie,the Honourable John Elmsley, 
 John Ainold, John Doel, Samuel Sproule, James William 
 Brent, Peter Paterson, William Mathers, Kdward H. 
 Rutherford and William Montague Westmacott, and all 
 others who may from time to time be elected to succeed 
 them in manner hereinafter mentioned as trustees and 
 managers, shall be and they are hereby nomin&ted and 
 constituted a body politic and corporate, by the name and 
 style of " The Trustees of the Toronto House of Industry." 
 14-15 V. c. 36, s. 1. 
 
 8. INEBBIATE INBTITnTtONS. 
 55 Viot. 0. 42 (Ont.) 
 
 An Act to Consolidate the Acts respecting Muni- 
 cipal Institutions. 
 
 [Aaaented to lith April, 1892.] 
 
 462- The council of every city and town may respec- 
 tively puss by-laws : — 
 
 Institntiona 
 for reclama- 
 tion of 
 habitual 
 drunkards. 
 
 3. For erecting and establishing within a city having a 
 population of 50,000 and upwards nn institution for the 
 reclamation and cure of habitual drunkards. 
 
 4. For committing or sending with or without hard 
 labour to the institution for the reclamation and cure of 
 habitual drunkards, by the mayor, police magistrate or 
 justice of the peace, while having jut >sdiction in the muni- 
 cipality, such drunkards as are set forth or referred to in 
 section 369 of chapter 48 of the Acts passed in the thirty- 
 sixth year of Her Majesty's reign, and as may by the 
 council be deemed and by by-law be declared expedient. 
 
 5. In the event of any city establishing an institution 
 for the reclamation and cure of habitual drunkards under 
 the provisions of this Act, sections 97 to 108, both inclu- 
 sive, of chapter 246 of the Revised Statutes of Ontario, 
 1887, shall DC applicable thereto as if such institution had 
 been named in such Act. 51 V. c. 28, s. 19. 
 
 versus 
 others. 
 
H0HP1TAL8 AND CHARITIES. 
 
 261 
 
 '■> 
 
 4. INFEOTIOUS DISEASES HOSPITAL. 
 
 , t 56 Vict., 0. 85 (Ont.) 
 
 An Act ro8iK)ctiiig the City of Toi'onto. 
 
 [Aasenteil to 27th May, 1893.] 
 
 Htat.c. 205. 
 
 2. Notwithstanding the provisions of The Public Htalth Power toereot 
 Act, the lands in the said city <Je.scribed as all and singular '■"•*tion hoi. 
 that certain parcel or tract of land and premises composed of ^j„ land",*'" 
 part of Riverdale Park in the city of Toronto as described in notwith- 
 by-law No. 2761 of the corporation of the city of Toronto "t^'xlingRov. 
 and ox part of tJie lands set apart tor the Don nnprove- 
 ment as described in by-law No. 200.5 of the .said city, 
 and which may be more particularly described as follows : — 
 Commencing at the south-west angle of Riveidale park, 
 being on the limit between said park and the Don im- 
 
 f)rovement lands ; thence easterly along the southerly 
 irait of said park 80 feet ; thence northerly parallel with 
 the limit between said park and said Don improvement 
 lands 120 feet ; thence westerly parallel with the southerly 
 limit of said park 180 feet ; thence southerly parallel 
 with said limit between said park and said Don improve- 
 ment lands 120 feet to the intersection of the westerly pro- 
 duction of said south limit of the said park ; thence 
 easterly along said production ]00*feet to the place of be- 
 ginning, may be used by the .said city as a site for an in- 
 fectious diseases hospital, and for that purpose the said land 
 is hereby removed from the dedication by by-law No. 2761 
 of the said corporation passed on the 8th day of December, 
 1890, of the lands thereby included in a public park and 
 also from the land set apart as part of the Don improve- 
 ment. 
 
 Provided that nothing herein contained shall in any way 
 affect or prejudice the terms of an order made by the 
 Queen's Bench Division of the High Court of Justice on 
 the 18th day of July, 1892, in an action of C. J. Smith 
 versus The corporation of the city of Toronto, and 
 others. 56 V. c. 85, s. 2. 
 
 ! 
 
26f 
 
 INDUSTRIAL BXHIBITIUN. 
 
 INOANDBSOBNT LIGHT. 
 
 8ee Oas and Electric Light Companies. 
 
 Preamble. 
 
 Inoorpora- 
 tion. 
 
 INDUSTRIAL EXHIBITION. 
 
 / 
 
 42 Viot o. 81 (Ont.) 
 
 An Act to incorporate the Industrial Exhibition 
 Association of Toronto. 
 
 [Assented to Wth March, 1879.] 
 
 WHEREAS Angus Morrison and others hereinafter 
 named have, by their petition, prayed that an asso- 
 ciation may be incorporated for the purpose of promoting 
 industries, arts, and sciences generally, and of establishing 
 and holding agricultural, industrial, art, and other exhibi- 
 tions at the city of Toronto ; and whereas it is expedient 
 to grant the prayer of the said petition : 
 
 Therefore Her Majes^^, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario 
 enacts as follows : — 
 
 1. Angus Morrison, John Jacob VVithrow, Philip Arm- 
 strong, James McOee, Patrick George Close, Alexander 
 McGregor, Andrew Smith, William Rennie, George Leslie 
 the younger, William F. McMaster, Thomas Davison, Lucius 
 R. O'Brien, Edward Gurney the younger, H. P. Dwight, 
 and E. B. Shuttleworth, and others, the several representa- 
 tives of the several societies, corporations and associations 
 hereinafter named, together with all such other persons 
 and representatives of other corporations, societies and 
 associations as shall, under the authority of this Act, 
 be associated with them in and become members of 
 the corporation hereby created, shall be a body politic 
 and coraorate, by the name of the Industrial Exhibition 
 Association of Toronto, and, by that name, shall and may 
 have perpetual succession, and a common seal, with power 
 to break and alter the same, and, by that name, shall and 
 may sue and be sued in all courts of law and equity 
 in this province , and the said corporation shall have their 
 principal place of business at Toronto, but may open such 
 
INDUSTRIAL EXHIBITION. SU 
 
 office or officoH at Huch olaces an may be found necesHaryor 
 convenient for the pur{K,?eri of their busineHs. 42 V. c. 81, 
 8. 1. 
 
 2> The Haiti afwociation is hereby authorized and em- Exhlbitiona 
 
 {towered, eitlier peniutnontly or periodically, in structures,*" *^' 
 mildings, enclosures, and places located in the citv of 
 Toronto or the township of York, suitable for exhibition 
 purposes, and for the promotion of industries, arts, and 
 sciences generally, to exhibit any and every variety of 
 thing and being, found in animal and vei^etable life, and 
 every kind and variety of mineral ; to exhibit products, 
 wares, goods, merchandii^u, machinery, mechanical inven- 
 tions, and improvements of every nature, name and kind, 
 and such as are generally exhibited at fairs, including the 
 various processes of manufacture ; to exhibit paintings 
 and statuary of any and eveiy nature and kind ; to 
 exhibit and develop the points and qualities of the several 
 breeds of horses and other animals, by such competitive 
 tests as may be humane and proper, and as may be deemed 
 expedient, and to make such otner exhibitions as will be 
 in conformity with the pnrposes and objects of this Act ; 
 and the said association is hereby further authorized, but Authority to 
 only for the carrying on and maintaining the business ^"^*°* 
 aforesaid and such other business &s may be hereafter pro^rty. 
 mentioned, to hold, own, and acquire, by lease, purchase, 
 gift, or otherwise, property, real and personal, at such 
 prices and on such terms and conditions as may be agreed 
 upon, and may improve and use the same, by the construc- 
 tion of such buildings, houses, works, and improvements 
 as are necessary, and as may be deemed proper ; and the 
 snid association is hereby further authorized to cultivate 
 such portions of their grounds as they may deem proper 
 for the propagation of plants, trees, shrubs, of other things 
 of a vegetable nature, and also to manufacture and raise 
 articles and things required in the various exhibitions 
 contemplated ; and to sell, mortgage, lease, or otherwise 
 dispose of any property at any time held by the said asso- 
 ciation : Provided always, and it is enacted, that the said Proviao. 
 association shall at no time acquire or hold any lands or 
 tenements, or interests therein, exceeding in the whole, at 
 any one time, the annual value of twenty thousand dol- 
 lars, nor otherwise than for actual use or occupation for 
 the purposes of the said corporation ; Provided that said P">^'*«>' 
 association shall not hold their annual exhibition during 
 the week in which the provincial fair is held. 42 V. c. 
 81, s. 2. 
 
 3. The said association is hereby authoiized to charge Entrance 
 such admission foes as may be deemed proper to receive for'®®'» pri»«» 
 exhibiting every thing contemplated by this Act ; to charge ° ' 
 such entrance fees, and to award, give, and pay to exhibi- 
 
Sfii 
 
 INDUSTRIAL EXHIBITION. 
 
 Members of 
 aaaooUtion. 
 
 tore such prizes, medals, and honoraiy distinctions as they 
 may deem proper, and to let or lease stallH, stands, rooms 
 and places in any of their buildings or structures, or in any 
 part of their grounds or property, upon such terms and 
 conditions, and for such purposes, as the board of directors 
 may deem best for the interests of the said as&ocivliion. 
 42 V. c. 81,s. 3. 
 
 4. The mayor of the city of Toronto, the treasurer of 
 the city of Toronto, the chairman of the executive com- 
 mittee of the council of the corporation of the city of 
 Toronto, and the standing committee thereof known as the 
 Committee on Exhibitions (nine memberii), the directors 
 of the Toronto Electoral District Society (twelve in num- 
 ber), the warden of the county of York, and two repre- 
 sentatives being members of the county council of the 
 county of York, to be named and appointed by the said 
 council at the timu of the appointment of the several 
 standing committees thereof for the year ; five represen- 
 tatives, being members of the Manufaicturei's' Association of 
 Ontario, representing five of the leading manufactures or 
 industries, to be appointed at tlie annual meeting thereof; 
 two representatives of the Educational Department for 
 Ontario, to be named and appointed by the Minister of 
 Education ; two representatives from each of the several 
 corporations, associatiuos, organizations, societies and pub- 
 lic bodies following, tha^ is to say : The Ontario Society 
 of Artists, The Toronto Mechanics' Institute, The Toronto 
 Horticultural Society, The Board of Trade of Tororrto, 
 The Stock Breeders' Association of Ontario, The (janadian 
 institute. The Fruit Growers' Association of Ontario, The 
 Lumbermen's Association of Ontario, The Ontario Veteri- 
 nary Association, The Poultry Association of Ontario, and 
 the Ontario College of Pharmacy, such representatives to 
 be named and appointed by the siiid several corporations, 
 associations, organizations and societies at their annual 
 meeting for the election of officers ; one I'epresentative 
 from each of the following corporations, associations, or 
 bodies, namely : The Dairymen's Association of Eastern 
 Ontario, The Dairymen's Association of Western Ontaj-io, 
 The MilleiV Association of Ontario, and the Coin Exchange 
 of Toronto, such representatives to be named and appoiitted 
 by the said several societies, corporations and associations 
 at their annual meeting for the election of officers ; such 
 number of representatives of such other corporations, 
 associations, organizations or societies, not named alwve 
 as may from time to time, upon application to be made by 
 such corporations, associations, organizations or societies, 
 be admitted to the said Industrial Exhibition Association 
 of Toronto by vote thereof, at the annual meeting thereof, 
 upon such terms and conditions, and under such regula- 
 tions and restrictions as iriay be made and determined by 
 the board of directors and sanctioned by the association 
 %t its annual meeting, and all such other persons as tlio 
 
INDUSTRIAL EXHIBITION. 
 
 255 
 
 board of directors may by by-law admit to mv mbership, 
 as hereinafter provided, shall constitute the said Industrial 
 Exhibition Association of Toronto, ^nd the said several 
 persons and representatives named, or hereafter to be ad- 
 mitted under the provisions of this Act, and the by-laws 
 of the said lost mentioned association, shall be the mem- 
 bers of the said Industrial Exhibition Association of 
 Toronto. 42 V. c. 81, s. 4. 
 
 6. The said Angus Morrison, John Jacob With row, ProviBjonal 
 
 Philip Armstrong, James McGee, Patrick George Close, 
 Alexander McGregor, Andrew Smith, William Rennie, 
 George Leslie the younger, William F. McMaster, Thomas 
 Davison, Lucius R. O'Brien, Edward Gurney the younger, 
 H. P. Dwight and E. 2. Shuttleworth, shall be provisional 
 directors of the said Industrial Exhibition Association of 
 Toronto, to organize said association, and shall hold office 
 until the election o{' dir^r tors, as hereinafter provided. 42 
 V. c. 81, s. 5. , 
 
 (Ureutora. 
 
 6. Forthwith, after the passing of this Act, the said '^«=etint? for 
 provisional directors, or a umjctrity of them, shall notify, oniirectoi^' 
 in writing, the several corporations, organizations, persons, 
 associations and societies specially mentioned in section 
 four of this Act, of the provisions of this Act, and shall, 
 at the same time, request each of them to name and appoint 
 representatives (where the same are provided for in this 
 Act), to the said Industrial Exhibition Association of 
 Toronto, pursuant to the provisions of this Act, whicli 
 appointment .shall be evidenced by the corporate seal of 
 each ol' the .said several societies, organizations, associations 
 or corporations, or, by a certificate, signed by the presiding 
 officer and secretary or clerk of such organization, societj', 
 corpoiution, or association, as the case may be ; and such 
 notice shall likewLso contain a statement of the time and 
 place of holding the first meeting of the members of the 
 association for the election of directors and such other 
 business as may require to be done at such meeting, a copy 
 of which notice rihall also be published once in each week 
 for two weeks before the time appointed for such meet'iig, 
 in one of the newspapers published in the city of Toronto. 
 42 V. c. 81, s. 6. 
 
 7. At the first meeting of the members of the associ- '.Qualification 
 ation hereby incorporated, for the election of directors, "^ *l"'««t«''8 
 each member of the association, being a representative, 
 shall produce to the said provisional directors a certificate, 
 under the seal of the corporation, a.ssociation, society, or 
 organization which he represents, or, under the hand of 
 the presiding officer and secretary, of his due and proper 
 appointment; and the said provisional directors, or a 
 majority of them, shall, at the time of such election, cause 
 
S56 INDUSTRIAL EXHIBITION. 
 
 a list of all duly qaalified members of the association 
 hereby incorporated, to be made out and [)laced upon the 
 table, and only the persons whose names shall appear upon 
 such list shall be eligible as directors, or entitled to vote 
 .^ for directors, and upon such other matters, questions and 
 things as may be presented for the consideration of the 
 meeting. 42 V. c. 81. s. 7. 
 
 Representa- 8> In the event of no appointment of representatives 
 tion of aocie-mjjgj. ^jjg provisions of this Act having been made, from 
 
 ties which *V , , . . ° . ' . 
 
 havenotmade ^^Y cause, by any of the societies, corporations, organiza- 
 any election, tions or associations specially named in the fourth section 
 thereof, before the time fixed by the provisional directors 
 for the holding of the meeting for the elc .ion of directors 
 / of the said association hereby incorporated, then, and in 
 every such case, the president, vice-president, chairman, oi- 
 other presiding oflScer, and the secretary of the association, 
 organization, corporation, or society so having failed to 
 make such appointment, shall be the representatives of 
 such association, organization, corporation, or society, and 
 shall be ex officio members of the corporation hereby 
 created, until the appointments contemplated by this Act 
 shall have been made, and shall be entitled to vote at all 
 meetings of members of the saul last mentioned associa- 
 tion. 42 V. c. 81, s. 8. 
 
 Number of 9- The board of directors shall consist of not less than 
 directors, etc. fiff^gn ^or more than twenty (a majority of whom shall 
 be resident in the city of Toronto), to be determined at 
 the meeting to bo held, as provided for in the seventh sec- 
 tion of this Act ; such election and every question voted 
 on ai oUch meeting shall, if demanded by two members, be 
 decided by bjjlot by a plurality of votes of the members 
 of the association hereby incorporated, present in person 
 and voting at the meeting; the directors so chosen shall 
 immediately elect one of their own number to be presi- 
 dent, and two others of them to be vice-presidents, which 
 president, vice-presidents, and directors shall conlinue in 
 office for one year, and until others shall be chosen to fill 
 their places, as may be provic'cd for by the by-laws of the 
 .said association ; and if any vacancy shall at any time 
 happen, by death, resignation, or otherwise, in the office of 
 president, vice-president, or directors, the remaining direc- 
 tors shall supply such vacancy by the appointment of some 
 member of the association for the remainder of the year ; 
 and the election of directors shall take place annually, 
 either on the annivei-sary of the day of the first election of 
 directors or such other day as may be fixed by by-law, as 
 hereinafter provided and mentioned. 42 V. c. 81, s. 9. 
 
 Powers of 10- The directors shall have full power to make all by- 
 
 ^i"**®"' laws, rules and regulations not inconsistent \^ith the pro- 
 
INDUSTRIAL EXHIBITION. 257 
 
 visions of this Act, for the management of the association 
 hereby incorporated, the securing of the cash fund here- 
 inafter mentioned, and the collection thereof, and the 
 securing of the guarantee subscription fund, as also here- 
 inafter meiftioned, and the rating of assessments thereon, 
 and the collection of such assessments, as the same may be 
 required ; the acquisition of exhibition grounds and build- 
 ings, by purchase, lease, agi'eement, or otherwise, and the 
 selling, leasing, mortgaging, or otherwise disposing of the 
 same, as occasion may require ; the acquisition and man- 
 agement of all property, whether real or personal, which 
 may be required for the purposes of, or in connection with 
 the exhibition, or other business and operations of the said 
 association, and the sale or other disposal thereof, when no 
 longer required for such purposes ; the entering into any 
 and all arrangements, agreements, and contracts with any 
 person or corporation, society, or association, as the same 
 may become necessary to carry out the objects of the said 
 association ; the admission of other persons as members, 
 and of other corporations, societies, associations, or organi- 
 zations than those named in this Act, to be represented 
 in the said association hereby incorporated, and the terms 
 and conditions of svjch admission : the fees (if any) to be 
 paid by members of the association ; the holding of exhi- 
 bitions, annual or periodical ; fixing the time for the annual 
 meeting, and the callii»g of general, special, and other 
 meetings of the association ; the appointment, removal, 
 and remuneration of all officers, agents, clerks, workmen 
 and servants of the association ; the admission fees to be 
 received from persons visiting their exhibitions ; the en- 
 trance fees to be charged to exhibitors ; the general man- 
 agement of all exhibitions, and in general to do all things 
 and make all contracts and agreements that may be neces- 
 sary to carry out the objects and exercise the powers 
 incident to the association. 42 V. c. 81, s. 10. 
 
 11. Before the directors of the said association shall When society 
 undertake the holding of any exhibition or conimence the '"^y com- 
 business and operations contemplated by this Act, they "^na^ "pera- 
 shall secure or have on hand a cash fund of not less than 
 ten thousand dollars, and also a guarantee fund or subscrip- 
 tion of not less than twenty thousand dollars, to be used 
 and applied for the purposes and objects for which the said 
 association is hereby incorporated. 42 V. c. 81, s. 11. 
 
 12- Notwithstanding anything contained i:i tlio Act Certain so- 
 passed by the Parliament of the province of Ontario, in the ?"^*'^^*"*''/"'" 
 fortieth year of the reign of Her Majesty, chaptered seven- jigreements 
 teen, intituled " An Act for the encouragement of Ajjricul- with and aid 
 ture. Horticulture, Arts and Manufactures," it shall and '''^^°*^"''*"'"- 
 may be lawful for all or any of the several societies, cor- 
 liorations, organizations, and associations named in the 
 33 
 
 I.:, 
 1'^ 
 
258 
 
 INDUSTKIAL EXHIBITION. 
 
 fourtli section of this Act, and for all or any of the corpor- 
 ations, as80ciations, orfjanizations, or societies formed, or 
 liereafter to be formed, under tlie provisions of the said 
 Act, and they, anil all and every of them are hereby auth- 
 orized and empowered, through their several aiyl respective 
 councils or boards of directors, or committees of manajre- 
 m.-nt, and oftcers, to enter into any arrangements and t<^) 
 make aii}' agreements and contracts with the board of di- 
 rectoi-s of the association hereby incorporated for the hold- 
 ing of exhibitions, and taking part in the exhibitions to be 
 holden by the said association, and otherwise promoting 
 the objects contemplated by this Act, and may aid the 
 same with any funds and moneys belonging to any such 
 asi^jciation or society not otherwise specially appropriated 
 by any statute of this province. 42 V. c. 81, s. 12. 
 
 Aid from inu- 
 nicipalities.. 
 
 Proviso. 
 
 13- The municipal council of any city, town, village 
 county or township, in this province, may gi-ant money, 
 and the muricipal council of the city of Toronto, the 
 township of York, or the county of York, may grant land 
 in aid of the said assooiatioti, or may lend or grant aid by 
 way of bonus to the said association out of any nionoys 
 belonging to the municipality, and may effect such loan, 
 or grant such aid, upon such terms and conditions as may 
 be agreed upon between said assoc'ation and the council 
 of the municipality making such loan or grunting such aid, 
 and may recover the money so lent and may appropriate 
 the moneys so recovereil to the purposes of such munici- 
 pality : Provfded always, that no municipal council I'f any 
 city or county .shall in any one year grant any such iUoney 
 or bonus to any greater extent than five tliou.sand dollars, 
 and no other municipal council shall in any one year grant 
 any such money or bonus to any greater extent than five 
 hundred tlollar.s, nor shall anv land be so "ranted or cfiven 
 under the j)rovisions of the AIunici|)al Act as to by-laws 
 for raising, on the credit of the municipality, money not 
 rei|uired for its oidinary ex|)enditure, and not paj^able 
 within the san:e municipal year, such provisions being those 
 which require., lid relate to the as.sent of electoro and other- 
 wise. 42 V^ c. 81, s. 13. 
 
 Actions for 14. In any action for the recovoy of assessments or 
 calls and as- arrears on assessments, upon any guarantee subscription 
 or fund, in aid of the association hereliy incoipoiated, sub- 
 scribed for under the authority of this Act, it shall be sufii- 
 cient for the said association to allege that the defendant, 
 being a sid>scriber to the said fund, and for an amount to 
 be named, is indebted to the a.ssociation in respect of assess- 
 , nients made upon the amount of such sub-cription, in the 
 sum due, whereby an action hath accrued to the as.sc^iaLion 
 by virtue of this Act; and at the trial it shall only be 
 necessary to prove that the defendant was a subscriber to 
 
ISDrSTRIAL EKHIBITION. 
 
 the said guai'antee fim«l for sm-h an amount, and that such 
 assessment was made acoonlinjj to the bj'-laws and rules 
 of tlie association ; it shall l»e imnecfSSJiry to prove the 
 appointment of the directoi-s who made such assessment, 
 or any other mattei-s whatsoever, except what is before 
 declared, and a cop\' of any by-law, ride, regulation, or 
 minute, or of any entrj* in any lKM>k of the a.<^sociation, 
 cortitied to be a true copy or extract, under the hand of 
 the presi.lent or vice-president, or the manager or secretary 
 of the association, and sealed with the corporate seal, shall 
 lie received in all courts and proceedings as prima facie 
 evidoiu'e of such by-law, rule, regidation, minute, or entry, 
 without further proof thereof, and without proof of the 
 official character of the officer signing the same, or of the 
 corporate seal. 42 V. c. Si, s. 14. 
 
 259 
 
 15. The council of any municipality and the association Agreement 
 hereby incorporated, and the directoi-s thei-eof, are hereby ^'*}'"""'^*'^" 
 respectively authorized to make and enter into anj' agree- 
 lueuts or covenants relating to the holdingof any exhibition, 
 and granting anil accepting aid for the same, and for the fur- 
 nishino: and piovidinir exhibition ijrotinds ami buildings 
 suitable for the purposes of the sjiid association, and for 
 tbe representation (»f such municipality in the said associa- 
 tion, bv the appointment of members of the council there- 
 of as representatives to such association, and all represent- 
 atives so appointed in })ur.suance of any such agreement 
 shall becomj members of the said association, ani entitled 
 ti' vote npor. all nmtters and ipiestions submitted or voted 
 upon at all meetings of the association, and ever^' such 
 council may pass by-lawsfor all and every of the purposes 
 aforesaid aiul in furtheiance of the objects contemplated 
 by this Act, as occasion may reipiire; but subject to the 
 special provisions contained in section thirteen of this Act. 
 42 V. c. 8], s. 15. 
 
 . m 
 
 16. It shall and may be lawful for the association here- Amalgama- 
 liy incorpoi-ated to un'teand amalg;\nuite with " The Indus-*'""- 
 trial Exhibition Company," incorporated un<ler the Act 
 ])asse(l by the Parliament of the province of Ont*\rio, in 
 the fortieth year of the reign of Her Majestv. chaptered 
 sixty-eight, u|»on such terms and conditions as may be^OV. c. 68. 
 Muitually agreed upon between the directors of the said 
 association and company, such agreement to be ratified by 
 tlie vote of a majority of the nteml»ers present and voting, 
 at a special general meeting of the sjiid association and 
 oonipany. to be called for the purpose, due notice of the 
 holding of such meeting having been given in suae news- 
 paper ])ublished in the city of Tonmto, at least two weeks 
 liifore such meetinsif is held. 42 V. c. 81, s 16. 
 
 17 In the event of such union and amalgamation taking Rij,'hts of 
 
 place, as is provided for in the next preceding .section, the *«nal8a'»at(Ml 
 ' i <-» company. 
 
seo 
 
 INDUSTRIAL EXHIBITION. 
 
 said amalgamated company and association shall thereafter 
 form one company or association, under such name as they 
 may adopt by such vote as aforesaid, having a common seal, 
 and all the powers, privileges, rights and frnnchises thereto- 
 fore enjoyed by the s«id jissociation and company and the 
 members thereof respectively, shall thereafter belong to 
 and be enjoj-ed by the said amalgamated company or asso- 
 ciation ; and the members of the said association and cotn- 
 pany shall be members of the said amalgamated compan ', 
 and the directors of the said amalgamated company or 
 association shall not exceed the number fixed by section 
 nine of this Act, and they shall have all the powers con- 
 ferred upon directors by this Act, and the said Act incor- 
 porating the said company ; and the said Act incorporating 
 the said company, and this Act shall be taken and read as 
 one Act, so far as they ai-e not inconsistent with each 
 other, and subject to the terms and conditions contained 
 in the agreement for the union and amalgamation of the 
 said company and association ; but where any of the pro- 
 visions of the said Act incorporating said company and 
 this Act are not consistent with each other, the provisions 
 of this Act shall govern. 42 V. c. 81, s. 17. 
 
 Certain sec- Ig. Sections seven, eleven, fourteen, fifteen, twenty-two, 
 V°*<f 17^° twenty-nine, thirty, thirty-one, thirty-two, thirty-three, 
 incorporated, thirty-four, thirty-nine, Ibrty-tive, forty-six, forty-heven, 
 one hundred and four, one hundred and seven, one hundred 
 and eight, one hundred and nine, one hundred and ten, one 
 hundred and eleven, one hundred and thirteen, one hun- 
 dred and fourteen, one hundred and fifteen, and one hun- 
 dred and sixteen, of the Act passed by the Parliament of 
 the province of Ontario, in the fortieth year of the reign 
 of Her Majesty, chaptered seventeen, and intituled " An 
 Act for the Encouragement of Agriculture, Horticulture, 
 Arts and Manufactures," are hereby incorporated witli, 
 and are to be taken and deemed as part of this Act, and 
 shall apply to the said association, and to the exhibitions 
 to be held by them as full}- as such sections ap|)ly to the 
 Agricultural and Arts' Association, and to exhibitions held 
 by such association, except in so far as they may be incon- 
 sistent with the enactments hereof, and the expression 
 " this Act," when used herein, shall be understood to in- 
 clude the sections of the said last mentioned Act so incor- 
 porated with this Act as aforesaid. 42 V. c. 81, s. 18. 
 
ISLAND. 
 
 261 
 
 INDUSTRIAL FARM. 
 9 Vict. 0. 70. 
 
 An Act to amend the Act of Incorporation of the 
 City of Toronto. 
 
 [PuBsed 9th June, 184G.] 
 
 32- * * That it shall and may be lawful for the CouncU may 
 mayor, alderman and commonalty of the city of Toronto ?,'j"^^^jj 
 to purchase a parcel or tract of land to be called the Farm." 
 Industrial Faiin of the City of Toronto, not less than two 
 hundred acres in extent within such convenient distance 
 as they may deem expedient, not more than ten miles, ^j 
 
 and to erect or build thereon such houses, buildings, 
 yards and other enclosures as may be deemed proper tor 
 the purposes of this Act. (a) 9 V. c. 70, s. 32. 
 
 ISLAND. 
 
 18 Vict c. 145. 
 
 An Act to confirm the City of Toronto in the pos- 
 session of the Peninsula and Marsh now held 
 by it under License. (6) 
 
 [Assented to 19th May, 1855.] 
 
 WHEREAS the mayor, aldermen and commonalty of Preamble, 
 the city of Toronto now hold, under a license of 
 
 (a) Sections 3.S and 35 of this Act are superseded by 55 V. c. 42, tw. 460, 
 462 and 504, sub-s. 8. Section 34 is now iuapplicable. The City Indus- 
 trial Farm being within the city limits. 
 
 (6) What is commonly called the Island was included in the city by 
 the Act of incorporation, 4 W. IV. c. 23, s. 2, p. 11, and was made over to 
 the city by the Crown by letters patent dated 26th June, 1867. In the 
 Patent it wns described as " All that part of the peninsula which forms the 
 harbour of the city lying west of the gap and known as the Island, with 
 ti)e exception of a block or tract of laud of ten acres at and adjoining 
 the lighthouse, to be hereafter surveyed and its boundaries defined in a 
 manner most suitable for the purposes of the said lighthouse. Saving 
 and exceptiue and reserving unto us, our heirs and successors, all rights 
 of fishery and free access to and occupation of so much of the shores of 
 
tea 
 
 ISLAND. 
 
 occupation from the Crown, bearing date the twelfth day 
 of January, one thousand eight hundred and forty-seven,, 
 the peninsula in front of the said city, and also the marsh 
 adjoining the said peninsula, to the eastward of the bay 
 in front of the said city, and being desirous to improve 
 the said peninsula, and to reclaim the said marsh, have 
 expended large sums of money in surveying the same, and 
 have laid out the said peninsula in roads and streets, with 
 a view of leasing the same to individuals, and have also 
 entered into a correspondence with, and adopted a resolu- 
 tion to co-operate with the harbour commissioners, to 
 carry out any measures that may be adopted for the bene- 
 fit and improvement of the harbour, by the consti'uction of 
 a canal across the said peninsula, or by such other means 
 ' as may be found necessaiy : 
 
 Be it therefore enacted by the Queen's Most Excellent 
 
 Lake Ontario and the Bay of Toronto to the extent of one chain in depth 
 from the water's edge as are now occupied for fishing purposes." 
 
 The greater portion of the marsh was made over to the city by Crown 
 Patent, dated 18th May, 1880, and was described as follows: "All that 
 parcel of marsh land and land covered by water, containing by computa- 
 tion 1385 acres, be the same mure or less, situate to the southward of 
 part of the easterly portion of the city of Toronto, and which may be 
 more oarticularly known and described as follows : — Commencing' at a 
 turnea cedar post planted with broken crockery, glass and iron under- 
 neath, in the limit between Lots Nob 4 and 5, in the broken fi out con- 
 cession from the Bay, of the township of York, now in the city of 
 Toronto ; said post being distant 1443 feet, measured on n course south 
 16° 40' 38" east, being along the said limit between said lots Nos. 4 aud 5 
 from the southerly limit of the road allowance between the broken front 
 and first concession f : ^m the Hay of the said township ; thence south 7*2° 44' 
 22" west 8637 feet, 3 iuohes, to a turned cedar post, distant 412 feet, on 
 a course south 16'^ 40' 38'' east from a point in the southerly limit of 
 South Park street, distant 3*26 feet, 9 inches, westerly, from the westerly 
 limit of Leslie street, measured on the said limit of South Park street ; 
 thence south 56° 40' 52" west 2173 feet to a turned cedar post distant 
 1033 feet on a course south 16° 40' 38" east from a point in the southerly 
 limit of South Park street aforesaid, distant 270 feet easterly from the 
 easterly limit of Carlaw street in the said city measure'l on the southerly 
 limit of South Park street aforesaid^ thence south 61° 52' 22" west 5330 
 feet to a turned cedar post distant 1034 feet on a course south 16° 40' 38" 
 east from a point in the southerly limit of Mill street in the said city, 
 distant 248 feet westerly from the westerly limit of East street measured 
 on the southerly limit of Mill street aforesaid ; thence north 65° 52' 38" 
 west 409 feet 2 inches to the north-easterly corner of the breakwater con- 
 structed at the mouth of the river Don ; thence south 68° 55' 22" west 
 along the northerly side of soid breakwater 1528 feet to a point where 
 the westerly limit of Patlianient street if produced would intersect the 
 northerly side of said breakwater ; thence south 30° 44' 38" east (iOOO 
 teet ; thence north 52° 30' east 4130 feet ; thence north 44" 45' east 7805 
 feet ; theni;e north 55° 50" east 5785 feet to a point in the jjroduction 
 southerly of the division line between lots Nos. 4 and 5 aforesaid, distant 
 590 feet from the place of beginning ; thence north 16° 40' 38" west along 
 the production of tlie said line 590 feet to the place of beginning." 
 
 " To have and to hold unto the said the corporation of the city of 
 Toronto, their successors and assigns, for ever ; saving, e.xcepting and 
 reserving, nevertheless," unto us, our heirs and successors, the free use, 
 passage and enjoyment of, in, over and upon alj navigable waters that 
 shall or may be hereafter found on or under or be flowing through or 
 upon any part of the said premibes hereby granted, and saving and except- 
 ing and reserving unto us, our heirs and successors, all rights of fishery 
 and free access to and occupation of so much of the shores of Lake Ontario 
 and the Bay of Toronto to the extent of one chain in depth from the 
 
ISLAND. 268 
 
 Majesty, by and with the advice and consent of the 
 Legislative Council and of the Legislative Assembly of 
 the Province of Cr.nada, coastituted and assembled by 
 virtue of and under the authority of an Act passed in 
 the Parliament of the United Kingdom of Great Britain 
 and Ireland, and intituled An Act to re-unite the 
 Provinces of Upper and Lower Canada, and for the Oov- 
 ernment of Canada, and it is hereby enacted by the 
 authority of the same, as follows : — 
 
 1. It shall and may be lawful for the government of Governor-in- 
 
 this Province, by an order in council or otherwise, to grant °'J,°*'tj,"^^^ 
 
 '. ', TT"! ,~. '. ', peninauU, 
 
 water 8 edge as are now occupied for nshery purposes ; reserving also to ^^ (g ^1,0 
 
 us, our heirs and successors for ever the right to occupy at pleasure any corporation, 
 parts of the said premises which may at any time hereafter be required 
 for objects connected with the defence of our said Province which it may 
 be expedient to occupy for lighthouse purposes, and upon and subject to / 
 
 the conditions that all leases and conveyances of auy portion of the said 
 lands which may be made by the said city shall be subject to the approval .„ 
 of our Lieutenant-Governor in Council or as our said Lieutenant-Govor- .^ 
 
 nor in Council may direct, and that all net rents and profits derived by 
 the said citv from the said lands shall be expended in improving tlie 
 Queen's Park from time to time in auy way expressed by our Commis- 
 sioner of Pablio Works for the time being, and with respect to which no 
 proTiaion is made by the existing; lease from the University of Toronto to 
 the said city, or in such other improvements in the city of Toronto of a 
 public and municipal character as our said Lieutenant-Governor may 
 direct." 
 
 x^mother portion of the marsh was made over to the city by patent, 
 dated 17th April, 1882, consisting of " All that parcel of marsh lands and 
 land covered by water shewn and coloured red on a plan of survey by 
 Wadsworth and Uuwin, P.L.S., dated 16th February, 1881, of record in 
 the Department of Crown Lauds and described as follows, that is to say : 
 Commencing where a turned cedar po&t has been planted to mark an 
 angle in the northerly boundary of the ' marsh lands ' h retofore pat- 
 ented to the city of Toronto by patent dated 18th May, 1880, which post 
 is distant 1034 feet on a course south 16° 40' 38" east from a point on the 
 southerly limit of Mill street in the said city, which point is distant ^48 
 feet westerly from the westerly limit of East street measured 0h the 
 southerly limit of Mill street aforesaid ; thence north 65° 52' 38" west 409 
 feet and 2 inches to the north-easterly corner of the breakwater con- 
 structed at the mouth of the river Don ; thence easterly along the water's 
 edge of the river Don on a course north 82* 18' 22" east 398 feet and 10 
 inches ; thence south 5° 40' 22" west 221 feet and 8 inches, more or less, 
 to the place of beginning, containing 43,048 square feet, more or less. " 
 
 On the 4tb October, 1888, the following lands were granted by the 
 Crown to the Commissioners of the Habour of Toronto : "All and singu- 
 lar that certain parcel or tract of marsh land and lar.d covered by water, 
 containing by admeasurement 5 96-100 acres, be the same more or less, 
 situate to the southward of part of the easterly portion of the city of 
 Toronto, and which may be more particularly known and de^oribed as fol- 
 lows, that is to say : — (Jommencing at a point on the northerly limit of 
 the marsh lands heretofore patented to the city of Toronto by patent 
 dated 18th May, 1880, said point being at the intersection of a line drawn 
 through the extreme westerly edge of the stone abutment on the north 
 side ot' the Grand Trunk Railway bridge over the river Don parallel with 
 the west limit of Sautter street in said city as shewn on sket'h attached 
 hereto ; thence 16" west along said line drawn as aforesud 760 feet to 
 the intersection of the southerly edge of the river Don ; thence south- 
 westerly along said eilge of said river 500 feet, more or less, to a point 
 which is distant 400 feet westerly from and measured at right angles to 
 the hist mentioned course ; thence south 16° east 540 feet to the intersec- 
 tion of the north boundiry of the marsh lands pitented as aforesaid ; 
 thence north 61" 'rl' 21" east along said boundary 410 feet, more or less, 
 to the place of beginning." 
 
 >i Hi 
 
204 
 
 JURORa 
 
 to the said mayor, aldermen, and commonaltv of the city 
 of Toronto, the said peninsula, and the raarrili to the east* 
 ward of the .said bay (commonly known as Ashbridge's 
 Bay), upon such terin.s and conditions as the Oovurnor ot 
 Su'^*'** ' ''**° '''^ Province in Council may think fit : Provided always, 
 be inaertodin ^hat in any order in council, letters patent, or otlier 
 the grant and instrument granting to the said cotporatiun the said 
 enforced. peninsula or marsh, or any part thereof, or any other 
 lands now vested in the Crown, it shall be lawful to insert 
 any conditions or restrictions as to the manner in which 
 the same shall be used, or the purposes to which they shall 
 be applied, or the buildings and works which shall or shall 
 not be erected thereon, or any other conditions or restric- 
 tions whatever which the Governor shall think it for 
 the public interest to cause to be inserted ; and such 
 conditions and restrictions shall have full force and effect, 
 any rule of law as to the conditions or restrictions which 
 may be inserted in grants and enforced at law to the con- 
 trary notwithstanding. 18 V. c. 145, s. 1. 
 
 Publio Act. 2- This Act shall be deemed a Public Act. 18 V. c. 145 
 s. 2. 
 
 yv-r-'V 
 
 JURORS. ^. 
 
 56 Vict. 0. 16 (Ont.) 
 
 - An Act to amend The Jurors' Act. 
 
 .;*v 
 
 [Aaaented to 27th May, 1893,] 
 
 56 V. c. 13 
 repealed. 
 
 Selection of 
 Jurors for 
 city of To- 
 ronto and 
 county of 
 York. 
 
 HER MAJESTY by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 ' ■ ' I',' ' ','- - 
 
 1. The Act passed in the ooth year of Her Majesty's 
 reign chaptered 13 is repealed. 56 V. c. IG, s. 1. 
 
 2. It shall not be necessary for the sheriff of the county 
 of York, the sheriff of the city of Toronto, the senior judge 
 of the county of York, a junior judge of said county, the 
 warden of said county, ami the maj'or of the said city, to 
 attend together upon the selection of jurors to serve in 
 the High Court and inferior courts ; but the sheriff of the 
 county of York, the senior judge of the said county and the 
 warden of said county, shall attend at such election 
 of jurors so far as it is made from the list prepared by the 
 selectors for the local municipalities in the county of 
 
LIBRARY AND MUSEUM. 
 
 265 
 
 York other than the citj' of Toronto ; and the sheriff of 
 Toronto, the senior junior judge of the said county and the 
 mavor of the city of Toronto shall attend at suclt selection 
 of jurors so far as it is made from the list prepared by the 
 selectors for the city of Toronto. And any selection of 
 jurors so made shall be deemed in all respects valid and 
 effectual and a sufficient compliance with the provisions of 
 The Jurors' Act. Selectors whose attendance is hereby ^^j; ^*"*- 
 made unnecessary shall not be entitled to fees for sucn °' 
 unnecessary attendance. 66 V. c. 16, s. 2. , 
 
 LAND TITLES. 
 
 See Registry and Land Titles Offices. 
 
 v ' ■ 
 
 LIBRARY AND MUSEUM. 
 
 R. S. O. (1887), o. 180. 
 
 An Act to provide for the establishment of Free 
 
 Libraries. 
 
 6>-~(l) The board of manogement shall submit to the Submission 
 council not later than the first day of March in each year, ^ ^^^^^ 
 a detailed estimate of the several sums required to pay, connciL 
 during the ensuing financial year : 
 
 1. Interest on any money borrowed as hereinafter 
 
 mentioned ; 
 
 2. The amount of the sinking fund ; 
 
 3. The expen.se in detail of maintaining and mana- 
 
 ging the libraries, or news-rooms under their 
 control, and of making any purchases required 
 therefor. 55 V. c. 47, s. 2. 
 
 7. The board of management shall keep distinct and Board to ke«p 
 regular accounts of their receipts, payments, credits and J|^^„"tg 
 34 . ' 
 

 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 
 i.O 
 
 1.1 
 
 11.25 
 
 2.5 
 
 >» li^ 12.2 
 
 :if ufi 12.0 
 
 u 
 
 1.4 mil 1.6 
 
 7a 
 
 
 '> 
 
 ^>' 
 
 V 
 ■^ 
 
 ^j>- 
 
 .** 
 
 »* 
 
 // 
 
 y 
 
 r 
 
 Photographic 
 
 Sciences 
 
 Corporation 
 
 23 WBT MAIN STRilT 
 
 WIKSTIR.N.Y. '.4SM 
 
 (716)873-4504 
 
 
4v 
 
 .> 
 
 k 
 
 % 
 
266 
 
 Speoiftl rate 
 for libnuy 
 porpoaea. 
 
 LIBRARY AND MUSEUM. 
 
 liabilities, and the accounts shall be audited by the 
 auditors of the municipality, in like manner as other 
 accounts of the municipality, and shall thereafter be laid 
 before the council by the board of management. R S. 0. 
 (1887). c. 189. s. 7. 
 
 8. — (1) For the purpose of provyling for the expenses 
 necessary for carrying this Act into efiect, the council of 
 the municipality, in addition to all other rates and assess- 
 ments levied and assessed for municipal purposes, shall 
 levy and assess from year to year a special annual rate 
 sufficient to furnish the amount estimated by the said 
 board to be required as aforesaid, but not exceeding one- 
 quarter of a mill in the dollar in cities having a popula- 
 tion of 100,000 or over upon the assessed value of all 
 viitable real nnd personal pro|>erty, such rate to be called 
 " The Free Libiaiy Rate.'^ R. S. O. (1887), c. 189, s. 8 
 (1) ; 55 V. c. 47, s. 3 (1). 
 
 55 Viot o. 47 (Ont.) 
 An Act to amend the Free Libraries' Act. 
 
 [Assented to 1 ith April, 1892.] 
 
 Museums. 5- No free library board shall establish or maintain a 
 
 museum except by and with the consent of the council of 
 the municipality; but this section shall only apply to 
 cities having a population of 100,000 or over. 55 Y. c. 
 47, 8. 6. 
 
 I ... 
 
 .;;>.■ 
 
 
 '•rr:^--:. 
 
LOCAL IMPROVEMENTS. 
 
 t67 
 
 LOOAL IMPROVBMBNTS. («) 
 
 1. Stbebts BrrwKBN Toronto and Pabkdalk. 
 
 2. AS8l88HBNT8--.Sre« ASSBSSMKNTS. 
 
 3. Dbbbntdbbs— i9ee Dbbt anu Dbbbntdbbh. 
 
 PAOB. 
 
 .. 267 
 
 1. STREETS BETWEEN TORONTO AND PARKDALE. 
 51 Viot. o. 54 (Ont.) 
 
 An Act respecting the Town of Parkdale. 
 
 [Assented to 2Brd March, 1888.] 
 
 Local im- 
 provement 
 proviaioDi to 
 apply to cer- 
 tain streets 
 situated part- 
 ly in Toronto 
 and partly in 
 Parkdale. 
 
 1. Ai! the provisions of The Municipal Act as to local 
 improvements, so far as they relate to streets or highways, 
 shall apply to Duflferin street and Roncesvalle.3 avenue, 
 notwithstanding that the real property on the west side of 
 Dufferin street and east side of Roncesvalles avenue is 
 within the town of Parkdale, and the real property on the 
 east side of Dufferin street and the west side of Ronces- 
 valles avenue is within the city of Toronto, and that 
 Duft'eriu street is within the city of Toronto and Ronces- 
 valles avenue is within the town of Parkdale. 61 V. 
 c. 54, s. 1. 
 
 2- The councils of the said municipalities, after passing Agreements 
 tlie by-laws for the doing of the work, are authorized and *>et'«^«?» 
 empowered to enter into agreements with each other as to^'j.^^jP^ "* 
 the construction thereof, and as to the portion of the cost 
 of such improvements to be borne by the real property in 
 each mimicipality, and each of the said corporations is 
 authorized and empowered to issue debentures for the ' ' 
 portion of the said cost to be borne by the real pr*" perty 
 in such municipality. In case of diisagreement the portion 
 of said cost to be borne by the real property in each mun- -^ ' ' ' 
 icipulity is to be determined by arbitration pursuant to 
 the provisions of The Municipal Act. 51 V. c. 54, s. 2. 
 
 (a) SeotioDi 417, 464, 463 and 466 of 36 Viot. c. 48 (7'Ae Mumeipul 
 InHtittUioM Act, 187S), were amended so far a« related to the citv of 
 Toronto, by 40 Vict. o. 39, as. 1, 2, 3 and 4. The above sections of 36 
 Vict. c. 48, were subsequently re-enacted as R. S. 0. (1877), c. 174, ss. 
 5i9. 561, 552, 553. (See In re Brock and The CUy of ToroiUo, 48 Q. B. 
 53 ; and •16 Vict. c. 43, s. 5 (p. 125), which preserved the provisions of 40 
 Vict. c. 39, ss. 1 to 4.) The enactments of 36 Vict. c. 48, were continued 
 by 46 Vict. o. 18. ss. 570, 612 ; R. S. O. (1887). c. 184. ss. 660, 612 ; 63 
 Vict. c. 60, s. 38. and 65 Vict. o. 42, ss. 569, 612, none of which contained 
 tlie amendments of 40 Vict. c. 39. See now 56 Vict. c. 42. s. 616 (4). 
 
208 
 
 MARKBI8. 
 
 PAUK. 
 
 Marrbt Smn. 
 
 (a) Marktt Square 268 
 
 (b) St. Andrew'n and Si. Patrice* Market$ 271 
 
 Cattlk Mabkkt 2^2 
 
 1. MABKET BITES, (a) 
 
 <a) Market Sqiuure. 
 
 1 wm. IV., o. la 
 
 An Act for vesting in Trustees the Market Square 
 in the Town of York, for the benefit of the 
 inhabitants of the said town. 
 
 {Passed March 16<A, 1831.] 
 
 WHEREAS Alexander Wood and Thomas Stoyell, of 
 'the town of York, have by their petition set' 
 forth that by His Majesty's letters patent the Market 
 Square in the said town, containing about four 
 acres and a halT, had been granted in fee simple to 
 the Honourable Henry Alcock and the Honourable 
 Peter Russell, the Honourable iEneas Shaw and the 
 Honourable John McGill, without expressing, as was 
 intended, any trust ; that the same was intended for 
 the use of the public as a market, and that the 
 said John McGill, the sole surviving grantee, by a certain 
 indenture of lease for nine hundred and ninety-nine years, 
 made between him and the said petitioners, then serving 
 as town and churchwardens for the said town, and which 
 said indenture of lease has been lost and cannot be found, 
 hath, as 8uch survivor, leased the same to the petitioners 
 and their successors in the said offices of church and town 
 wardens for the management of the same for the use of 
 the public of the said town ; and that they were desirous 
 of being relieved from the said trust, and praying that a 
 bill might be passed vesting the Market Square in trus- 
 tees to, for and upon such trusts as might be deemed 
 proper; And whereat* it is expedient to gi-ant the prayer 
 of the said petitioners, and to make further provision!^ 
 vesting the said estate ; 
 
 fie it therefore enacted by the King's Most Ex- 
 cellent Majesty, by and with the advice and consent 
 
 (a) By 54 Geo. 117 . c. 16 (repealed b^ 12 V., c. 80, Soh. A.) the Com 
 miwioners of the Peace in the Home District were "authorized and em- 
 powered to fix upon and establish bouip convenient place in the town 
 of York as a market," etc. 
 
LOCAL IMPROVEMENTS. 
 
 wi 
 
 LOCAL IMPROVBMBNTS. («) 
 
 1. Strkkts Between Tokunto and Parkdalb. 
 
 2. A8.SR.S.SMBNTS — See Anhes-smenth. 
 
 3. Drbenturbs — Ste Debt and Dkbentukks. 
 
 PAGE. 
 
 .. 2fi7 
 
 Local im- 
 provement 
 provisions to 
 apply to cer- 
 tain streets 
 situated part- 
 ly in Toronto 
 and partly in 
 Parkdale. 
 
 1. STREETS BETWEEN TORONTO AND PARKDALE. 
 51 Vict. 0. 54 (Ont) 
 . An Act respecting the Town of Parkdale. 
 
 {Assented to f^rd March, 1888.] 
 
 ■-»' '' * ' » • •■ ♦ ♦ ♦ * ' 
 
 1. All the provisions of The Municipal Act as to local 
 improvements, so far as they relate to streets or highways, 
 shall apply to Dufferin street and Roncesvalles avenue, 
 notwithstanding that the real property on the west side of 
 Dutt'erin street and east side of Roncesvalles avenue is 
 within the town of Parkdale, and the real property on the 
 east side of Dutferin street and the west side of Ronces- 
 valles avenue is within the city of Toronto, and that 
 DufFerin street is within the city of Toronto and Ronces- 
 valles avenue is v/ithin the town of Parkdale. 51 V. 
 c. 54, s. 1. 
 
 2. The councils of the said municipalities, after passing Agreements 
 the by-laws for the doinsf of the work, are authorized and between 
 empowered to enter into agreements with each other as to ™«nicipaime8 
 the construction thereuf, and as to the portion of the cost 
 of such improvements to be borne by the real property in 
 each municipality, and each of the said corporations is 
 authorized and empowered to issue debentures for the 
 portion of the said cost to be borne by the real property 
 in such municipality. In case of disagreement the portion 
 of said cost to be borne by the real property in each mun- 
 icipality is to be (letermined by arbitration pursuant to 
 the provisions of The Municipal Act. 51 V. c, 54, s. 2. 
 
 authorized. 
 
 (a) Sections 447, 464. 465 and 466 of 36 Vict. c. 48 {The Mwiieipal 
 Imlitutxona Act, 1873), were amended so far as related to the city of 
 Toronto, by 40 Vict. c. 39, ss. 1, 2, 3 and 4. The sections of 36 Vict, 
 c. 48, were subsequently reenacted as R. S. 0. (1877), c. 174, ss. 529, 
 r"il, 552 and 553 ; 46 Vict. c. 18, ss. 570 and 612 ; R. S. 0. (1887), c. 184 
 88. 569 and 612 ; 53 Vict. c. 60s. 38, and 55 Vict. c. 42, ss. 669 and 612, 
 none of which contain the amendments of 40 Vict. c. 39, which specially 
 related to the city o* Toronto. See also In re Brock and The City of 
 Toronto, 46 Q. B. 53, and 55 Vict. c. 42, s. 616 (4). 
 
268 
 
 MARKETS. 
 
 MARKETS. 
 
 rAOK. 
 
 1. Mabkkt Sitbk. 
 
 (a) Market Square 268 
 
 (b) St. Andrew'e and St. Patriek'a Markets 271 
 
 2. Cattlk Markkt. 272 
 
 1. MARKET SITES, (a) 
 
 (a) Market Sanare. 
 1 Will IV., o. 10. 
 
 An Act for vesting in Trustees the Market Square 
 in the Town of York, for the benefit of the 
 inhabitants of the said town. 
 
 [Paaaed March 16th, 18S1.] 
 
 WHEREAS Alexander Wood and Thomas Stoyell, of 
 the town of York, have by their petition set 
 forth 'that by His Majesty's letters patent the Market 
 Square in the said town, containing about four 
 acres and a half, had betn gittnted in fee simple to 
 the Honouitible Henry Alcock and the Honourable 
 Peter Russell, the Honourable iEneas Shaw and the 
 Honourable John McGill, without expressing, as was 
 intended, any trust; that the same was intended for 
 the use of the public as a market, and that the 
 said John McGill, the sole surviving grantee, by a certain 
 indenture of lease for nine hundred and ninety -nine years, 
 made between him and the said petitioners, then serving 
 as town and churchwardens for the said town, and which 
 said indenture of lease has been lost and cannot be found, 
 hath, as such survivor, leased the same to the petitioners 
 and their successors in the said offices of church and town 
 wardens for the management of the same for the use of 
 the public of the said town ; and that they were desirous 
 of being relieved from the said trust, and praying that a 
 bill might be passed vesting the Market Square in trus- 
 tees to, for and upon such trusts as might be deemed 
 proper ; And whereas it is expedient to grant the prayer 
 of the said petitioners, and to make further provisions 
 vesting the said estate ; 
 
 Be it therefore enacted by the King's Most Ex- 
 cellent Majesty, by and with the advice and consent 
 
 (o) By 54 Geo. III., c. 15 (repealed by 12 V., c. 80, Sch. A.) the Com- 
 miasionera of the Peace in the Home District were "authorized and em- 
 powered to fix upon and establish some convenient place in the town 
 of York as a market," etc. 
 
MARKETS. 9169 
 
 of the Legislative Council and Assembly of the Pro- 
 vince of Upper Canada, constituted and assembled 
 by virtue of and under the authority of an Act passed in 
 the Parliament of Great Britain, entitled " An Act to re- 
 peal certain parts of an Act passed in the fourteenth year 
 of His Majesty's reign, entitled " An Act for making more 
 effectual provision for the Government of the Province of 
 Quebec in North America, and to make further provision 
 for the Government of the !«iid Province," and by the 
 authority of the same. 
 
 1. That the said market square or ground appearing Market 
 upon the official map of survey of the said town of York as »v^^ u*"*^ 
 reserved for a market, containing as is said about four and ^nd town- 
 a half acres, more or less, be and the same is hereby vested wardens. 
 in the church and town wardens for the time being, and in ^^ 
 their successors in the said offices for ever hereafter, as a a^ 
 corporation for leasing and managing the same as here- * _^ 
 after mentioned. 1 W. IV. c. 10, s. 1. 
 
 2- And be it further enacted by the authority aforesaid Power to 
 that the said church and town wardens for the time being j^"® **** 
 as such corporation shall have full authority and power tOg?*„g'i,j 
 lease the same in such parcels and for and upon such terms parcels. 
 as the magistrates for the said district shall in general or 
 adjourned sessions from time to time order and direct. 
 1 W. IV. c. 10. s. 2. 
 
 3. And be it further enacted by the authority afore- ^foney8 aria- 
 said that all moneys arising from such lease or leases shall ing from 
 be paid into^the hands of the treasurer of the said district, |^"®* jP^ *** 
 and shall be at the disposal of the magistrates of the said 
 district for public uses for the benefit of the inhabitants of 
 the said town of York and for no other use or purj-ose 
 whatsoever. 1 W. IV. c. 10, s. 3. 
 
 4- And be it further enacted by the authority aforesaid No present 
 that nothing herein contained shall extend or br construed '***?**l^ 
 to extend to do away or in any manner to interfere withji^j^'^ct. ^ 
 the present leases of the said market square ; bu^ that the 
 same shall be taken and considered to he valid and 
 effectual to all intents and purposes whatsoever. 1 W. IV. 
 c 10, s. 4. 
 
 5. And whereas a certain part of said market square School lot 
 known as lot number twelve in Market lane has been here- vested in the 
 tofore used for the purpose of a common school house for the^eommon 
 the said town, and it is expedient to provide for the per- school. 
 manent application of the same for the purposes of such 
 common school ; 
 
 Be it therefore further enacted by the authority afore- 
 said, that the said lot number twelve aforesaid .shall be and 
 
270 
 
 MARKETS. 
 
 the samu is hereby deemeJ to be vested in the trustees of 
 the said coiiiinon school, and their successors duly appointed 
 according to law as a corporation for that purpose. 1 W. 
 IV. c. 10. 8. 5. 
 
 4 WiU. IV. o. 23. 
 
 An Act to extend the limits of the Town of York, 
 to erect the said town into a City ; and to in- 
 corporate it under the name of the City of 
 Toronto. 
 
 [Passed Gth. March, 1834."] 
 
 Market 87. * * The market square, containing about 
 
 ?*1"*'® y«**8d four Jicres and a half, formerly granted by patent to 
 public uses, the Honourable Henry Alcock, the Honourable Peter Rus- 
 sel, the Honourable ^neas Shaw, and the Honourable 
 John McGill, and which by an Act of the Parliament cf 
 the Province, passed on the first year of the reign of His 
 present Majesty, entitled, " An Act for vesting in trustees 
 the market square in the town of York, for ' he benefit of 
 the inhabitants of the said town," was vested in the church 
 and town wardens, and also the lot in and by the said Act 
 vested in the trustees of the common school shall be, and 
 the same are hereby conve3'ed to and vested in the said 
 city of Toronto to hold to the said city of Toronto for 
 ever, to and for the public use of the said city, to be 
 superintended and managed as the said city by Act of 
 common council shall or may from time to time direct. 
 4 W. IV. c. 23. s. 87. 
 
 88. Effete. 
 
 \} 
 
MARKETa 
 
 (6) St. Andrew's and Bt FAtrlok's MarkeK 
 7 WiU. IV. o. 41. 
 
 271 
 
 An Act to establish two additional markets in the 
 City of Toronto. (A) 
 
 [Pwtaed Uh March, 1837.] 
 
 WHEREAS certain inhabitants of the city of Toronto Preamble, 
 ^have petitioned to have a market established in the 
 west end of the said city on a piece of land sot asid i and 
 reserved for the same in the recent survey of the govern- 
 ment reserve in the west end of the said city and situate 
 at the corner formed by the intersection of Brant street 
 with Adelaide street, and bounded on the north by Siracoe 
 street ; on tlie east by Brant street, ^Jiforesaid ; on the 
 south by Adelaide street, aforesaid ; OTid on the west 
 by an open .space left on the plan for a public street 
 or highway ; and also to have another market established 
 on that part of park lot number thirteen, which has been 
 set apart for the purpose, being ninety feet wide on Lot • 
 street and running n(jrtherly three hundred feet ; and 
 whereas it is expedient and necessary and would promote 
 the benefit and convenience of the said inhabitants and of 
 a large portion of the population of the said city in 
 general to have the said markets established : ■ " 
 
 Be it therefore enacted, by the King's Most Excellent 
 Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of the Province of Upper 
 Canada, constituted and assembled by virtue of and under 
 the authority of an Act passed by the Parliament of Great 
 Britain, entitled an Act to repeal certain parts of nn Act 
 passed in the fourteenth year of His Majesty's reign, entitled 
 an Act for making more effectual provision for the go«verii- 
 meiit of the Province of Quebec in North America, and 
 to make further provision for the government of the .said 
 Province and by the authority of the same. 
 
 1. That from and after the passing of this Act, markets 
 shall be established and kept in each of the said pieces or 
 parcels of land respectively, so soon as a title for the same 
 I'espectively shall be obtained by the city of Toronto for 
 the purpose. 7 W. IV. c. 41, s. 1. 
 
 2. Provided always, and it is hereby enacted by the 
 authority aforesaid, that the said pieces or parcels of land 
 hereby established as sites for markets and everything 
 relating thereto shall be and the same are herebv declared 
 to be under and subject to the control of the common 
 
 (b) This Act was repealed by 12 V. c. 80, Sched. A. 
 
 Two new 
 
 markets to bu 
 established in 
 tlie city of 
 Toronto, 
 when the 
 sites shall be 
 conveyed to 
 tlie corpora- 
 tion. 
 
 Land and 
 markets sub- 
 ject to tlie 
 control of vbe 
 Common 
 Council. 
 
972 MAHSH. 
 
 conncil of the city of Toronto, and to be managed and 
 conducted by such rules and regulations as they shall from 
 time to time make concerning the same, in like manner 
 and to the same extent as the market already established 
 in the said city by the Act of incorporation, is managed 
 and controlled by the common council of the said city. (c> 
 7 W. IV. c. 41. 8. 1. 
 
 2. OATTLE MABKET. 
 
 40 Viot. 0. 66 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [Aaaented to 25th March, 1886.] 
 
 Cattle 
 market. 
 
 18. The Council of the corporation of the city of Toronto 
 tiiay pfiss a by-law for taking so much land as may be re- 
 quired for a new cattle market (d), subject to the right of 
 ttie owner or owners to receive all due and proper compensa- 
 tion therefor, the same to be settled by arbitration under the 
 provisions of The Consolidated Municipal Act, 1883, and 
 amending Acts in that behalf, in case the parties differ 
 about the same : Provided, that no by-law for the taking or 
 purchasing of any such lands for the purposes aforesaid, 
 shall be passed until the necessary funds snail have been 
 First provided by by-law submitted to and approved of by 
 the vote of the ratepayers duly qualified to vote on such 
 by-law under The Consolidated Municipal Act, 1883. 49 
 V. c. 66, s. 18. 
 
 MABSH. 
 
 See Ashbridge's Bay— Island. 
 
 (e) See 4 WiU. c. 23, 8. 87, p. 270. ■ ;,;: 
 
 (d) Conveyance of ordnance lands for enlargement of " Western Cattle 
 Market." Aee 55-56 V. c. 7 (Dom), p. 276. 
 
ORDNANCK LANDS. 
 
 n> 
 
 ORDNANOB LAin>S.(a) 
 
 RiOHTH or Railwayh— 5<e Railwats. 
 
 80 Viot. o. ea (Ont.) 
 
 An Act to empower the Corporation of the City 
 of Toronto to dispoHe of a portion of the 
 GaiTison Reserve in said City. 
 
 [Assented to lOth Fehnmry, 1876.] 
 
 WHEREAS the corporation of the city of Toronto have, Preamble, 
 by their petition, represented that the lands herein- 
 after described (with other lands), were granted to them by y 
 Letters Patent under the Great Seal of the late province . '' , 
 of Canada, for the purpose of being dedicated and main- 
 tained as a public park ; and that a great portion of the 
 said land is broken ground and would require theexpendi- . 
 ture of a Icrge sum of money, in order to be made suitnble 
 for the said purpose ; and that the said corporation already 
 possesses, or is about to acquire, In addition to the Univer- 
 sity or Queen's Park, three other parks containing in all 
 about four hundred acres, which parks will for some time 
 to come be sufficient for the requirements of the citizens, 
 and that the lands hereinafter described have now become 
 exceedingly valuable for building purposes ; and the said 
 corporation has therefore petitioned for power to sell, 
 lease, or otherwise dispose of the said lands free from tho 
 said trust ; and it is expedient to grant the prayer of the 
 said petition ; And whereas, the said lands comprise all 
 and singular that certain parcel or tract of -land situate, 
 lying and being within the liberties of the city of Toronto 
 aforesaid, being composed of part of the military reserve 
 within the said liberties, and which may be otherwise 
 know^n as follows: That is to sav, commencins; at an 
 ordnance boundaiy stone, planted on the south side of 
 Queen sti«et, in the year one thousand eight hundred and 
 tifty-three, by Sandford Fleming, P.L.S., and verified and 
 approved by the officers of the Royal Engineers and 
 Ordnance Departments, which stone is situated on the 
 south side of Queen street, at the north-east angle of a lot 
 granted to and at present occupied by Mr. Farr, brewer. 
 The stone is marked q J-g ; and may be found between the 
 
 north east angle of Farr's brick brewery and the south 
 side of the stone bridge, which conveys the water of the 
 Garrison creek under Queen street ; thence south fifteen 
 degrees twenty minutes east, along the east side of Farr's 
 
 (a) See 16 Vict. c. 219, s. 10, p. 168 ; 20 Vict. c. 80, s. 7, p. 176. 
 «1bo 7 Vict, ell; 19 Vict. c. 43. 
 
 as 
 
 See. 
 
t74 ORDNANCE LANDS. 
 
 lot three huiuli'od an'l Hixt«!un liiikH, to a boundary Htoite 
 marked thuH ohh.! t)iunce Houtli -easterly on a Htrnight lino 
 one liundretl and Heventy linkH, more or lesN, to the inti>r- 
 Hection of tlie north Hi<le of C'liHord ><treet with the eatit 
 side of a lane recently laid out ; thence southerly alon^r 
 the eaHt side of naid lane produced to the .south Hide of 
 Wellington Htreet; thence weMtt^rly alonj; the Houth hide of 
 Wellington street four hundred and sixty-Hix feet more or 
 less, to Htrachan'H avenue ; thence southerly along the east 
 side of Strachan's avenue produced three hundred and tun 
 links ; thence easterly in a direct line along the northerly 
 side of allowance for Front street to be continued over the 
 embankment, at present used by the Northern Railway, to 
 an or(lr>;»nce boundary stone marked J^^-^ • planted at the 
 south side of a block of land formerly owned by the late 
 Honorable Receiver-General Dunn, and which stone marked 
 oVs. ** ^""'" hundred and seventy-two links easterly froni 
 the intersection oi* the west side of Bathurst street, with 
 the north side of Front street; thence north-westerly 
 along tl.e ordnance boundary on a direct line six hundred 
 and thirty-nine links to a stone marked J|,'^- on the west 
 side rtf 'J'ecumseth street ; then north-westerly, followiuf,' 
 the said boundary along a curve having a radius of twenty- 
 five chains, a distance of one thousand one hundred ami 
 twenty-two links, to a stone marked J^^'^- ; thence north- 
 westerly, still along the said boundary, along a curve with 
 a radius of two thousand nine hundred and twenty-five 
 links, a distance of one thousand one hundred and five 
 links, to a stone marked q*^'^ , planted on the north side of 
 King street ; thence northerly, on a curve having a radius 
 of seventy chains, and being on the said boundary, a dis- 
 tance of one thousand eight hundred and twenty-four 
 links to ?. boundary stone marked ^''J-j, , planted (m the 
 south side of Queen street ; thence westerly, along the 
 south side of Queen street two hundred and ten links, t<t 
 place of beginning, containing about twenty-two and one- 
 naif acres. 
 
 Therefore Her Majesty, by and with the advice and 
 . consent of the Legislative Assembly of the province of 
 
 Ontario, enacts as follows : — 
 
 Reserve. 
 
 Power to sell 1. The said the corporation of the city of Toronto shall 
 i»o.Ht""°° have the same power to sell, lease, or otherwise dispose of 
 the lands in the preamble described or of any part or 
 parcel thereof, as any person has with regard to lands of 
 which he is seized in fee simple absolute, and all sales, 
 leases, or other dis()ositions thereof heretofore made by the 
 said corporation shall be, and be deemed to have been 
 valid notwithstanding anything in the said patent con- 
 tained : Provided that the proceeds of any such sale, lease, 
 
ORDNAN'CR LANDP. 
 
 or other iliKposition shall form part of the walk.s and 
 garden fund of the said corporation, and nhall be used 
 atid applied only in the acquisition and niaintonanco of 
 public parks, Mciuiiro.s, and gardmiM for tlu> use of the 
 citizens of the said city of Toronto. 39 V. c. 02, m. 1. 
 
 275 
 
 42 Viot. 0. 76 (Ont ) 
 
 An Act roHpecting tho Dchenturo Debt and certain 
 property of the City of Toronto. 
 
 [AsBented to Uth March, IHIO.] 
 
 • •♦♦•• 
 
 18. The corporation of the city of Toronto shall have Corporation 
 the same power to sell the lands comprised in and granted empowered to 
 to them by letters patent, under the great seal of the late lands, 
 province of Canada, Soaring date the twenty-first day of 
 October, one thousand eight hundred and fifty-eight, and 
 being all and singular that certain parcel or tract of land 
 situate, lying and being within the liberties of the city of 
 Toronto aforesaid, being composed of part of the military 
 reserve, within the said liberties, and which may be other- 
 wise known as follows : that is to say, commencing at the 
 soutli-east angle of the grounds granted to the Provincial 
 Lunatic Asylum ; thence southerly in continuation of the 
 eastern boundary of the said Lunatic Asylum grounds, 
 tlwee hundred and seventy-one feet, more or less, to the 
 north side of King street, thence westerly along the north 
 side of King street to a i)oint four hundred feet east of a 
 line drawn at right angles to King street and through 
 the centre of the asylum buildings ; thence southerly at 
 right angles to King street, four hundred and eighty-four 
 feet, more or less, to the north side of Wellington street ; 
 thence westerly along the north side of Wellington street, 
 eight hundred feet ; thence northerly on a line at right 
 angles to King street, four hundred and eighty-four feet, 
 more or less to the north side of King street; thence 
 westerly along the north side of King street to the line of 
 the westerly boundary of the asylum grounds produced ; 
 thence northerly along the said produced line, three 
 hundred and seventy-one feet, more or less, to the south- 
 west angle of the asylum grounds ; thence ea.sterly along 
 the southern limit of the said asylum grounds, two thous- 
 and nine hundred and eighty feet, more or less, to the 
 place of beginning, containing about thirty-three and a half 
 acres, or of any part or parcel thereof, as any person has 
 with regard to the lands of which he is seized in fee simple 
 
276 ORDNANCE LANDS. 
 
 absolute: and all sales, Lases, exchanges, or other dispo- 
 sitions thereof, o»- of any part thereof, Heretofore made by 
 the said corporation shall be and be deemed to have been 
 valid notwithstanding any thing in the said patent con- 
 ProviM. tained: Provided that the proceeds of any such sale, lease, 
 or other disposition, or of any lands taken in exchange as 
 aforesaid, shall form part of the wiilks and gardens fund of 
 the said corporation, and shall be used and applied only in 
 the acquisition and maintenance of public parks, squares, 
 and gardens for the use of the citizens of the said city of 
 Toronto, save and except as to the twenty acres parcel 
 thereof, in said letters patent reserved tor exhibition 
 ^. grounds, the proceeds of which shall be applied in aid of 
 / the exhibition fund pursuant to the by-laws of the said 
 corporation in that behalf. 42 V. c. 75 s. 18. 
 
 55-56 Vict. 0. 7 (Dom.) ^ 
 
 An Act to authorize the conveyance to the Cor- 
 poration of the City of Toronto of certain 
 Ordnance Lands in that City. 
 
 [Assented to lOth May, 1892.] 
 
 Preamble. TT17HEREAS the lands hereinafter mentioned and de- 
 » T scribed are part of the property mentioned in The 
 British North America Act, 1867, as ordnance property, and 
 are included as such in the schedule to the revised statute 
 respecting ordnance and admiralty lands, belonging to 
 class two mentioned in the latter Act ; and wherens 
 the corporation of the city of Toronto require the said 
 lands for the enlargement of a market in that city 
 known as the " Western Cattle Market," and have ap- 
 plied for a grant of the said lands for the sum o^ fifty- 
 two thousand dollars, which sum has been fixed upon iis 
 the present value of the said lands ; and whereas the said 
 market is largely used in connection with the cattle trade 
 between the Dominion of Canada and England, and the 
 said corporation have expended large sums of money, and 
 have used other means to foster and increase the said tiade, 
 which is a matter of interest and benefit to the whole of 
 Canada ; and whereas it is expedient that the said grant 
 be made upon payment of the said sum of fifty-two thou- 
 sand dollars : 
 
ORDNANCE LANDS. 277 
 
 llierefore Her Majesty, by and with the advice and 
 consent of the Senate and House of Commons of Canada, 
 enacts as follows : — 
 
 1. The Governor in Council may grant, for the sum of Certnto Umds 
 fifty-two thousand dollars, to be paid in such manner and ™*y ,*** '*"' 
 at such times as he deems proper, the lands hereinafter 
 mentioned — or such interest therein as Her Majesty has 
 for the use of Canada — to the corporation ot the city of 
 Toronto, Uieir successors and assigns, namely, all and ' 
 
 singular that certain parcel or tract of land situate, lying 
 and being in the city of Toronto and province of Ontario, I*®'"'"P*>o'»« 
 and described as follows : — Commencing on the east limit 
 of Strachan avenue, at the intersection of the southerly 
 limit of the right of way of the Canadian Pacific Railway 
 Company (formerly belonging to the Credit Valley Rail- 
 way Company) ; thence southerly, along the said limit, six " 
 hundred and seven feet, to the intersection of the northerly 'v. 
 limit of the lands of the Grand Trunk Railway Company, 
 (formerly belonging to the Great Western Railway Com- 
 pany); thence noith sixty-eight degrees, fifty-three min- 
 utes east, two hundred and ninety -seven feet and six-tenths 
 of a foot, to the intersection of the fence forming the sorch- 
 erly limit of the lands now used in connection with the 
 immigration sheds ; thence north forty degrees, thirty-eight 
 minutes east, along the said fence, three hundred and nine 
 feet and six-tenths of a foot, to an angle in the said fence ; 
 thence north twelve degrees, eight minutes east, still along 
 the said fence, two hundred and eight feet and seven-tenths 
 of a foot, to the southerly limit of the right of way of the 
 Canadian Pacific Railway aforesaid ; thence north eighty- 
 seven degrees, thirty minutes west, along the said limit of 
 the right of way, six hundred and ninety-six feet to the 
 easterly limit of Strachan avenue and the place of begin- 
 ning. 56-56 V. c. 7, s. 1. 
 
27» 
 
 PARKDALE. 
 
 1. 
 
 2. 
 3. 
 4. 
 
 PARKDALE. 
 
 ' ■■ '^' ■' '"'., .' '■ r - , . -. ■''•■ Page. 
 
 MUNICII'AUTY OF. 
 
 (a) Generally 278 
 
 (b) Bointdurits of— See Boundaries ok City and Wakds. 
 
 Water and Gas Works 289 
 
 Annexation to the City 311 
 
 Schools — See Schools. 
 
 1. MUNIOIPALITT OF. 
 
 Freamble. 
 
 (a) Oenerally. 
 
 47 Vict. c. 56 (Ont ) 
 
 An Act to empower the Municipality of the Village 
 of Parkdale to make special Assessments and 
 for other purposes. 
 
 [Assented to 25th March, 1884.] 
 
 TI/'HEREAS the corporation of the village of Parkdale 
 It have by petition set forth that they have incurred 
 debts for works or improvements (including drainage) 
 done or constructed as lo'jal improvements, under the pro- 
 visions of The Municipal Act without sufficient or valid 
 by-laws having been passed authorizing such works or 
 improvements, or providing for the borrowing of the money 
 or for making assessments for such works or improvements, 
 and they are desirous of being authorized to cause an 
 assessment to be made and to pass by-laws to provide 
 funds for the payment of the debts so incurred for said 
 works or improvements, and it is deemed expedient to 
 grant the prayer of the said petition ; and whei-eas said 
 petition further sets forth that an Act of this Province was 
 passed in the forty-fourth year of Her Majesty's reign, 
 chaptered forty-four, providing for the erection of water or 
 gas works at the village of Parkdale, and thirty thousand 
 dollars of the said debentuies have ah-eady been issued under 
 the authority of the said Act, and it is doubtful w'hether 
 the piovisions of the said Act have been strictly complied 
 with, whereby doubts exist as to the validity of the said 
 debentures, and also by reason of the non-compliance with 
 the provisions of the said Act doubts exist as to the power of 
 the said municipality to issue further debenture." within 
 the limit of the amount authorized by the said Act, and it 
 is deemed expedient to remove the said doubts ; and whereas 
 said petition further sets forth that doubts have been 
 raised as to the validity of certain debentures issi^ed by 
 the Slid municipality for school purposes and as to the 
 
 ',\: 
 
PARKDALE. 
 
 279 
 
 power of the said municipality to issue valid debentures 
 for school purposes, and it is deemed expedient to remove 
 saiddoubts; ; '■ r 
 
 Therefore Her Majesty, by and with the advice and 
 consent of the Legislative Assembly of the province of 
 Ontjvrio, enaccs as follows : 
 
 1. In any case where a debt has been incurred in Council may 
 respect of any of the woi ks or improvements set forth in "'ftke Msess- 
 schedule "A" to this Act, it shall be lawful for the council pM»yinent of 
 of the village ot Parkdale, and they are hereby authorized debts incnr- 
 to cause an assessment or assessments to be made and to'"*-'^.*"^.*?'"^* 
 pass a by-law or by-laws to provide funds for the pswrnpiit Schedule A. 
 of the debts so incurred fov the said works or improve- 
 ments, and to validate all rates and assessments already or 
 hei'eafter to be levied in respect thereof, and not contrary 
 to the provisions of this Act. 47 V. c. 56, s. 1. -^v 
 
 2- In making such assessments, and in passing such Assessments 
 by-law or by-laws, the amounts to be provided for shall *"P''''Y''^'*"^ 
 be the amounts remaining unpaid in respect to such works maining 
 or improvements, after crediting the amounts (if any) which unpaid, 
 shall have been paid under any assessment made to pay 
 any such debt or debts, but in the making of any such 
 assessment under the provisions of this section, any in- 
 crease or decrease of the annual rate or assessment hereto- 
 fore fixed or levied in respect of any property shall be alike 
 as to all the properties affected by such assessment, 47 V. 
 c. 56, s. 2. 
 
 3. In ascertaining and determining the proportions in Allowance 
 which the assessment is to be made on the various portions where pay- 
 of real estate so benefited by such works or improvements,™ "*' ®" 
 the amount paid in respect of such property shall be taken 
 into consideration and allowed. 47 V. c. 56, s. 3. 
 
 4- With respect to any such by-laws or debts and any council to 
 debentures to be issued thereunder or therefor, the said have powers^ 
 council shall have all the powers conferred upon municipal 8'venl)y^46 v. 
 councils by section 410 of The Consolidated Municip<d 
 Act, 18SS. 47 V. c. 56, s. 4. 
 
 ;«. 18,8.410. 
 
 5- The by-laws of the said village of Parkdale set forth By-laws and 
 in schedule "B" to this Act, the numbers whereof are debentures 
 set out in the third column of the said schedule, being l^y- t^heJiui'^B 
 laws for the construction of local works or improvements confirmed, 
 and for drainage purposes, and the respective debentures 
 issued thereunder, the numbers whereof are set out in the 
 first column of the said schedule, with the coupons to the 
 said debentui'es attached, are hereby declared to be valid 
 and binding upon the said corporation, notwithstanding 
 any defect whatever in the said by-laws or debentures, or 
 in any way connected therewith. 47 V, c. 56, s. 5. 
 
280 
 
 Dehentana 
 
 •et ont in 
 «che<lule B 
 coutirmed. 
 
 PARKDALE. 
 
 6- All debentures issued under the provisions of the 
 said Act respe^iting water or gas works, being the deben- 
 tures set forth in schedule " C " to this Act shall be, an<l 
 the same are hereby confirmed and rendered valid, not- 
 withstanding, any want of form or non-compliance with 
 the provisions of the said Act. 47 V. c. 56, s. 6. 
 
 Power to 
 issue further 
 -debentures. 
 
 7- The said municipality is empowered from time to 
 time to issue such further debentures as may be required 
 to provide for the cost of works already completed or 
 works to be performed, following, so far as circumstances 
 will permit, the form provided by the said Act : Provided, 
 that such further debentures, together with the debentures 
 already issued under the said Act, shall not in the whole 
 exceed the sum of one hundred thousand dollars. 47 V. 
 c. 56, s. 7. 
 
 Separation of g. The said municipality is hereby declared for school 
 jschoof section P"''P°^*^^ ^ ^^ separate from school section No. 22, and 
 22, and acts of all acts, deeds and things done by the said school board 
 village and of 01- by the said village at the request of the said public 
 «on^nied.' school board since the incorporation of the said village, 
 are heteby declared to be as valid and binding, notwith- 
 standing any defect in or non-observance of formal steps, 
 altering the boundaries of said section or separating the 
 said municipality from said section after the incorfH)mtion 
 thereof, as if such municipality had been erected into a 
 school section according to law, and the said school board 
 is hereby declared to have all the rights, powers and pri- 
 vileges conferred on public school boai'ds of villages by 
 any Act or Acts of the Legislature. 47 V. c. 56, s, 8. 
 
 SCHEDULE A. 
 
 (See Sec. 1.) 
 
 ^Shewing debts incurred for Works and Improvements done and constructed as 
 local improvements, without By-laws. 
 
 Nature of Work or Improvement. 
 
 Locality. 
 
 Cost. 
 
 oidewalk on East side of Gpencer avenue. . 
 
 In ront of lots 16 and 84 to 
 73 incluBive 
 
 f250 31 
 
 Grading sidewalks and crossings 
 
 Sidewalks 
 
 Both sides of Union street.. 
 
 North side of Abbs street, 
 
 formerly Abbs alley 
 
 avenue 
 
 355 08 
 
 Oribwork and grading 
 
 38 00 
 
 
 («80 00 
 
PARKDALE. 
 
 SCHEDULE B. 
 
 281 
 
 (See Sec. 5.) 
 
 Shewing J^ocal Improvement and Drainage By-laws and Debenturea validated 
 
 by thia Act 
 
 Local Improvkments. •' . "' • 
 
 No. 
 
 Date of lasue. 
 
 By-law. 
 
 Nature of By-law. 
 
 Amount. 
 
 28 
 
 August 28th, 1880.... 
 
 No. 64.. 
 
 Grading sidewalk and curbing 
 Duncf-', Fuller, and Rnth 
 
 _ 
 
 
 
 
 
 
 
 
 streets 
 
 11,600 00 
 
 29 
 
 August 30th, 1880.... 
 
 No. 63.. 
 
 Sidewalk east side of O'Hara 
 avenue and south side of 
 
 
 
 August 26th, 1880.... 
 
 No. 68.. 
 
 Marion street 
 
 300 00 
 
 30 
 
 Crossing Great Western Rail- 
 
 
 
 
 
 way at Dunn avenue 
 
 240 22 
 
 31 
 
 November 12th, 1880. 
 
 No. 63.. 
 
 Grading sidewalk and curbing 
 Tyn( all avenue 
 
 
 
 
 
 300 00 
 
 32 
 
 May 11th, 1881 
 
 No. 77.. 
 
 Sidewalk Dowling avenue 
 
 Extension of Marion street. . . . 
 
 280 00 
 
 33 
 
 August 10th, 1881.... 
 
 No. 83.. 
 
 800 00 
 
 34 
 
 September 18th, 1882. 
 
 No. 112. 
 
 Grading and sidewalks on north 
 side Queen street from Dnf- 
 
 
 
 
 
 
 
 ':■ -"\ 
 
 
 ferih street to Jameson 
 avenue and south side from 
 
 
 
 
 
 Cowan avenue to Dowling 
 avenue 
 
 1,086 48 
 
 36 
 
 November 20th, 1882. 
 
 No. 123 . 
 
 Gradine sidewalks and curbing 
 on Lome, Rose, Prospect 
 
 
 
 
 
 
 
 
 and Dunn avenues and Lome 
 
 
 
 
 
 and Victoria Crescents 
 
 3,060 00 
 
 36 
 
 January 10th, 1883 . . 
 
 No. 125 . 
 
 Cribwork foot Dunn avenue . . . 
 
 320 00 
 
 37 
 
 January 10th, 1883 . . 
 
 No. 126 . 
 
 Grading and sidewalk east side 
 Roncesvallea avenue 
 
 410 00 
 
 38 
 
 January 10th, 1883 . . 
 
 No. 128 . 
 
 Sidewalks north side of Queen 
 street from Jameson avenue 
 
 
 
 January 10th, 1883 , . 
 
 No. 129 . 
 
 to Soraurin avenue 
 
 320 00 
 
 39 
 
 Sidewalks on Brockton road 
 
 
 
 
 
 from ( ueen street to Brock- 
 
 
 
 
 
 ton vi lage limits, and side- 
 
 
 
 
 
 walks south side of Clarke 
 
 
 
 January 10th, 1883 . . 
 
 No. 136 . 
 
 street 
 
 650 00 
 
 40 
 
 Widening Calendar street 
 
 2,366 00 
 
 
 111,621 70 
 
 Dbainaoi. 
 
 No. 
 
 Date of Issue. 
 
 By-law. 
 
 Nature of By-law. 
 
 Amount. 
 
 29 
 
 May 18th, 1881 
 
 January 10th, 1883 . . 
 January 10th, 1883 . . 
 
 No. 78 . 
 
 No. 127. 
 No. 127. 
 
 For draining parts of village 
 of Parkdale (Godson & West 
 jystem) 
 
 $1,183 63 
 
 30 
 31 
 
 South-western section drainage. 
 South-western section drainage. 
 
 6,000 00 
 3,960 85 
 
 
 «lfl. 1.34 38 
 
 .i's^^^-- 
 
S82 
 
 PARKiJALR. 
 
 SCHEDULE C. 
 
 {See Sec. 6.) 
 Shewing debentnrea iaaned under the provisions of 44 Viot., cap. 44. 
 
 No. 
 
 Date of Issue. 
 
 By-law. 
 
 Nature of By-law. 
 
 Amount. 
 
 .') 
 
 July 3rd, 1882 
 
 (• 
 
 II 
 
 II 
 
 II 
 
 II 
 
 July 26th, 1883.!'.!!! 
 II 
 
 II 
 
 II 
 
 II 
 
 II 
 
 II 
 
 II 
 
 II 
 
 II 
 
 It 
 
 II 
 
 " V !!!!!! 
 II 
 
 No. 109 
 
 Waterworks 
 
 92,000 00 
 5,000 00 
 
 1 
 
 
 
 2 
 
 
 2,000 00 
 2,000 00 
 1,000 00 
 
 3 
 4 
 
 
 A 
 
 
 5,000 00 
 500 00 
 
 7 
 
 
 8 
 
 
 500 00 
 
 9 
 
 
 1. 000 00 
 
 10 
 
 
 500 00 
 
 11 
 
 
 500 00 
 
 12 
 
 
 500 CO 
 
 13 
 
 
 600 00 
 
 14 
 
 
 600 00 
 
 15 
 
 
 500 00 
 
 16 
 
 
 1.000 00 
 
 17 
 
 
 1,000 00 
 
 1,000 00 
 
 18 
 
 
 19 
 
 
 1,000 00 
 
 20 
 
 
 1,000 00 
 
 
 
 
 
 $27,000 00 
 
 47 V. c. 56, Sched. 
 
 48 Viot. 0. 68 (Ont.) 
 An Act respecting t!he Village of Parkdale. 
 
 [Assented to ^Oth March, 1885.] 
 
 Preamble. "IITHEREAS by an Act of the Legislature of the Pro- 
 » » vince of Ontario, pas.sed in the forty-fourth year of 
 !Her Majesty's reign, and chaptered forty-foui-, and inti- 
 tuled An Act respecting Water and Gas Works at Park- 
 dale, authority is given to the municipal council of the 
 said village to issue debentures for the pur|)Oses theiein 
 mentioned to an amount not exceeding one hundred thou- 
 sand dollars ; and whereas by-law number seventy-nine of 
 the said village, authorizing the issue of debentures for 
 the said purposes to the amount of thirty thousand dol- 
 lars, was duly submitted to and received the assent of the 
 electors of the said village, and debentures in pursuance 
 of the said by-law to the amount of the aid sum of thirty 
 thousand dollars have been issued thereundei- ; aiid 
 whereas by-law one hundred and nine of the said village 
 
PARKDALE. 
 
 283 
 
 authorizing the issue of debentures for the said purpases to 
 the amount of fifty thousand dollai-s (in addition to the 
 said debentures, issued under by-law number seventy-nino 
 aforesaid) was duly submitted to and received tlie assent 
 of the electors of the said village, and debentures in put - 
 suance thereof to the amount of twenty-seven thousand 
 dollars have been issued thereunder; and whereas by an 
 Act of the Legislature of the Province of Ontario, passed 
 in the forty-seventh year of Her Majesty's reign, and 
 chaptered fifty-six, and intituled An Act to enipovjer the 
 Munici[)ality of the Village of Parkdale to make Special 
 Assessments and for oiher puiiioses, the said last-named 
 debentures to the amount of twer.ty-seven thousand dol- 
 lai"s were declared t) l)e valid and binding upon the said 
 municipality; and whereas by-law one hundred and 
 ninety-one of the said village, authorizing the further 
 issue of debentures for the said purpose to the iiniount of 
 fifteen thousand dollars, was passed by the council of the 
 said village winiout the assent of the electors on the 
 assumption that under by-law one hundred and nine 
 aforesaid, which had been duly assented to by the electors, 
 and which provided for the issue of debentures to the 
 amount of fifty thousand dollars, and under which only 
 twenty-seven thousand dollars of debentures had been 
 issued as aforesaid, the said council had authority to do so ; 
 and whereas doubts had been raised as to the validity of 
 said by-laws and of the said fifteen thousand dollars of 
 debentures last issued as aforesaid, and as to the power of 
 the said council to pass any by-law or by-laws for th 5 issue 
 of debentures for the said purposes without the assent of 
 the electors, although the said electors have assented to 
 the issue of eighty thousand dollars of debentures in all 
 jis aforesaid for the said purposes and only seventy-two 
 thousand dollars of debentures in all have been issued as 
 aforesaid ; and whereas doubts have also been raised as to 
 the power of the said council, even with such assent, to 
 pass such a by-law or by-laws for the issue of debentures 
 beyond the said sum of fifty thousand dollars ; and whereas 
 it is expedient to remove such doubts ; 
 
 Therefore Her Majesty, by and with the advice and 
 consent of the Legislative Assembly of the Province of 
 Ontario, enacts as follows : — 
 
 1. By-laws numbers seventy-nine, one hundred and Certain by- 
 nine and one hundred and ninety-one of the said village, }*^^ ^"'^ '^®" 
 and the debentures heretofore issued thereunder, including igg^J/^ed. 
 the said issue under by-law one hundred and ninety-one, 
 of the said fifteen thousand dollars of debentures, are 
 hereby declared to be valid and binding upon the muni- 
 cipal corporation of the village of Parkdale to all intents 
 and for all purposes whatsoever. 48 V. c. 68, s. 1. 
 
284 
 
 PARKDALE. 
 
 Power to 2> At any one time, or from time to time, as the council 
 
 tares *for"° °^ *^® ^'" corporation may deem expedient, the said 
 $8,000. council may pass a by-law or by-laws, without procuring 
 
 or obtaining the assent of the electors thereto, for tlie issue 
 of further debentures for the purposes mentioned in the 
 Act, passed in the forty -fourth year of Her Majesty's 
 reign and chaptered forty-four, to an amount not exceed- 
 ing the sum of eight thousnnd dollars, being the differ- 
 ence between eighty thousand dollars, the total amount to 
 which the electors have heretofore assented as aforesaid, 
 and seventy-two thousand dollars, the total amount of 
 debentures issued as aforesaid for the said purposes. 
 48 V. c. 68, s. 2. , . 
 
 By-lawB 3- After the said eight thousand dollars of debentures 
 
 f 'rth™i°*' shall have been issued, the said council may, either at any 
 ofdebenturea^i^e ^i'^e> oi* from time to time, with the assent of the 
 for f20,000, electors in the maimer provided by the said Act passed in 
 the forty-fourth year of Her Majesty's reign, and chap- 
 tered forty-four, pass a by-law or by-laws for the issue of 
 debentures for the purposes mentioned in the said Act, so 
 that the whole amount of the debentures to be authorized 
 by the 'said by-law or by-laws shall not exceed the sum of 
 twenty thousand dollars, or with the debentures to the 
 issue of which the suid electors have heretofore assented 
 as aforesaid, the sum of one hundred thousand dollars. 
 48 V. c. 68, s. 3. 
 
 Issue of 4. Should the said council submit to the electors and 
 
 authored by ^^^^'^'^^ ^^^ electors assent to a by-law for the i.ssue of the 
 preceding whole of the said twenty thousand dollars of debentures, 
 section. then the said council may either at one iiime or from time 
 
 to time, as they may deem expedient, without any fresh 
 by-law or by-laws, issue the debentures thereunder, hav- 
 ing regard to the provisions of the said Act, passed in the 
 forty-fourth year of Her Majesty's reign, and chaptered 
 forty -four, as to the respective dates of the maturity of 
 the said debentures and otherwise. 48 V. c. 68, s. 4. 
 
 ments. 
 
 Provision as fi. (1) And whereas the corporation of the village of 
 to oOTt of Parkdale have by petition set forth that certain by-laws 
 structed as ^^ ^^^ ^^ village have been passed for the construction 
 local improve- of works as local improvements, and the actual cost of 
 "" such improvements has exceeded the estimated cost 
 
 thereof, and certain other works have been constructed by 
 said village as local improvements, and by the Act of the 
 Legislature of Ontario, passed in the forty-seventh year 
 of Her Majesty's reign, and chaptered fifty-six, the said 
 municipality has been authorized to pass by-laws to pro- 
 vide for the cost of such works ; and whereas the cost 
 thereof has exceeded the amounts provided for in said Act, 
 and the said corporation are desirous of being authorized 
 
PARKDALE. 
 
 286 
 
 to pass by-laws to provide funds for the 8aid excess in the 
 cost of such iirproveuients, and also to have any doubts 
 removed as to the inwie of raising the moneys provided 
 for in the said Act, for the improvements therein men- 
 tioned, and it is deemed expedient to grant the prayer of 
 such petition; \ 
 
 It Im therefore enacted as follows : — 
 
 In all c&ses in which by-laws of the said village for the 
 construction of works as local improvements shall have 
 been passed, and in which the estimated cost of such works 
 shall nave been exceeded by the actual cost thereof (which 
 said by-laws and t' ■- amounts still required to pay for the 
 works authorized thereby are set out in the first part of 
 the schedule to this Act) and in the caie of all woiks 
 embraced in schedule " A " to the Act of the Legislature . 
 
 of Ontario, passed in the forty-seventh j'ear of Her 
 Majesty's reign, and chaptered 50, in respect of which the \^ 
 nctualcost thereof shall have exceeded the sums mentioned ' \ 
 in said schedule " A " (which said works and the amounts 
 still required to pay for the same are set out in the second 
 part of the schedule to this Act) the municipal council of the 
 snid village is hereby empowered to pass a further by-law 
 or by-laws authorizing the issue of supplemental deben- 
 tures for the amount by which the actual cost of such 
 works has exceeded the estimated or scheduled cost thereof 
 as aforesaid, together with interest on such excess, and 
 authorizing a supplemental assessment or assessments to 
 be made for paying the said supplemental aebentures upon 
 the respective properties upon which the former assess- 
 ments for the same purposes were respectively levied or 
 authorized so to be upon the respective owners thereof. 
 
 (2) Section one of the said Act, passed in the forty- 
 seventh year of Her Majesty's reign, and chaptered fifty- 
 six, is hereby amended by inserting between the words 
 " the " and " works " in the second line thereof the word 
 " local," and by inserting between the words " made " and 
 " and " in the fifth line thereof the words " upon the pro- 
 perty liable therefor under the local improvement clauses 
 of The Municipal Act." 
 
 (3) Section five of the said Act is hereby amended by 
 inserting between the words " corporation " and " notwith- 
 standing " ill the ninth line thereof the words " and upon 
 the property liable therefor under the local improvement 
 clauses of The Municipal Act" 48 V. c. 68, s. 5. 
 
 6- And whereas the said corporation have by their power to 
 petition also set forth that they have, with the assent of the '^^"^ >leben- 
 electors of the said municipality, issued debentures to the^goQ^jQ^ 
 amount of ten thousand dollars and have paid the moneys cost of 
 realized from the sale of the said debentures on account of *"^^'*y- 
 the cost of construction of a subway on Queen street 
 
280 
 
 PARKDALE. 
 
 between Paikilale aiuk the city of Toronto, purauant to 
 the tiTiim of an iigreenient entered intc between the said 
 municipality and the Grand Trunk Railwny Company and 
 othr>r railway eompaiiie.s, that the naid subway is now 
 built and has co.st u)ore than the original estimate, and it 
 will be nect'SHary lor the said corporation to issue deben- 
 tures to the amount of five thousnnd dollars in addition to 
 the said sum of ten thousand dollars to piiy in full the 
 moneys payable by them for the said work under the said 
 agreement, and they are desirous of being authorized to 
 pass a V>y-la\v to provide funds to pay for the said work 
 and to issue debentures to the extent of the said addi- 
 tional sum of five thousand dollars therefor, and it is 
 deemed expedient to grant the prayer of the saiil petition ; 
 
 It is therefore further enacted as follows : — 
 
 (1) The corporation of the village of Parkdale are 
 hereby authorized and empowered from time to time oi* at 
 any one time to pass a by-law or by-laws for the issue of 
 debentures not exceeding in amount the sum of five 
 thousand dollars, for the purpose of obtaining the sum, in 
 addition to the said sum of ten thousand (a) dollars which 
 the said corporation require to raise on account of the ex- 
 pense of the said subway, the said debentures to be payable 
 at the expiration of twenty years from the date thereof, and 
 to bear interest at the rate of six per centum per annum 
 payable half yearly, 
 
 (2) The said by-law or by-laws shall settle a certain 
 specific sum to be raised annually for the payment of the 
 interest during the cuirency of the debentures ; also a cer- 
 tain specific sum to be laised annually for the payment of 
 the debt, such sum to be such as will be sufticient, with 
 the estimated interest on the investment thereof to dis- 
 charge the debt when payable. ,' 
 
 (3) In settling the sum to be raised annually for tlie 
 payment of the debt the rate of interest on the invest- 
 ment shall not be e. 'imated at more than five per centum 
 per annum to be caj)italized yearly. 
 
 (4) The by-laws shall provide that such annual sum 
 shall be raised and levied in each year by a I'ate sufticient 
 therefor on all the ratable property in the municipality. 
 48 V. c. C8, s. G. 
 
 (a) See 46 V. c. 45, ss. 5, 6, 8, pp. 120, et aeq. ; 51 V. c. 54, s. 6 
 (Ont.), p. 288. 
 
PAHKDALB. 
 
 SCHEDULE. 
 
 im 
 
 No. 
 By-Law. 
 
 25 
 30 and 77 
 
 54 
 
 68 
 
 63 
 
 83 
 112 
 135 
 161 
 
 Work. 
 
 Ehtimatbo 
 
 UK Nl'HRDUI.KI) 
 
 Cosr. 
 
 FIRST PART. 
 
 Jaineson Avenue, B 
 
 Dowling Avenue 
 
 Dunci ^, Ruth and Fuller. 
 Dunn Ave. Railway Croiaing 
 
 Tyndall Avenue 
 
 Marian St. extension .... 
 
 Queen and Dufferiu 
 
 Callendar Street 
 
 Leopold Street 
 
 SECOND PART. 
 
 Union Street 
 
 Abba Street 
 
 Dowling Avenue Crib .... 
 
 308 00 
 
 1130 00 
 
 1500 00 
 
 240 22 
 
 3U0 00 
 
 800 00 
 
 1085 45 
 
 2366 00 
 
 252 43 
 
 355 08 
 
 38 00 
 
 660 00 
 
 Actual (Jost 
 
 In(!I.UI>IN(« 
 
 Intkkimt. 
 
 405 21 
 1208 26 
 1545 25 
 
 448 65 
 
 378 78 
 1180 46 
 1231 40 
 2733 61 
 
 237 43 
 
 357 25 
 
 43 02 
 
 729 97 
 
 SlJI'l'I.KMKNTAL 
 
 Dkbkniukim. 
 
 37 21 
 
 78 26 
 
 45 25 
 
 208 48 
 
 78 78 
 
 380 46 
 
 1 15 05 
 
 307 61 
 
 5 00 
 
 2 17 
 
 n 02 
 
 6!) 07 
 
 48 V. c. 6 s, Sched. 
 
 51 Viot. 0. 54 (Ont.) 
 
 An Act respecting the Town of Parkdale. 
 
 [Assented to 22rd March, 1888.] 
 
 WHERE A.S, the corporation of the tovkrn of Parkdale Preamble, 
 have by their p^ tition prayed for special legislation 
 relating to the several matters and things hereinafter .>^et 
 forth ; 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 : — 
 
f88 
 
 PAIIKOALB. 
 
 1.00*1 im- 
 pruvemenft 
 proviiioiM fai 
 apply U> cer- 
 tain itretiU 
 •ituat«<l 
 partly in Tu 
 ronto and 
 partly in 
 Parkdalv. 
 
 1. All *he proviHions of The Afunicipal Act (b) ns to local 
 improvoinentf), so far aa thoy relate to HtreetN or highways, 
 xhall apply to Dufferin Htreet nnil RoncesvalleN avenue, not- 
 withstanding that tho real property on the west side of 
 Dufferin Htreet, and east niue of RoncesvalleH avenue, is 
 within the town of Parkdale, and the real property on the 
 east Hide of Dufferin .street and the west side of Ronces- 
 valles avenue i.s within the city of Toronto, and that 
 Dulferin street is within the city of Toronto and Ronces- 
 valles avenue is within the town of Parkdale. 51 V. c. 54, 
 8. 1. 
 
 Agrecmentii ft. The councils of the said municipalities, after passing 
 '^*r*r't '"" ^^® by-laws for the doing of the work, are authorized and 
 aut^jrizttl empowered to enter into agreements with each other as to 
 the construction thereof, and as to the portion of the cost 
 of such improvements to be borne by the real property in 
 each municipality, and each of the said corporations is 
 authorized and empowered to issue debentures for the por- 
 tion of the said cost to be borne by the real property in 
 such municipality. In case of disagreement, the portion 
 of said cost to be borne by the real property in each muni- 
 cipality, is to be determined by arbitration pursuant to 
 the provisions of The Municipal Act. (b) 51 V. c. 54, s. V. 
 
 Power to 6- (U The corporation of the town of Parkdale are 
 
 issue (leben- hereby authorized and empowered from tim« to time, or at 
 ment of'sub^ '*"y °"® time, to pn.ss a by-law or by-laws for the issue of de- 
 way, bentures, not exceeding in the whole the sum of $20,000(c), 
 for the purpose of paying all the expenses and liabilities 
 of the said corporation, in respect or on account of the 
 Queen street sub-way, and from time to time to issue the 
 said debentures, to be payable at the expiration of twenty 
 years irom the date thereof, and to bear interest at the 
 rate of five per cent, per annum, payable half yearly. 
 
 (2) The said by-law or by-laws whall settle a certain 
 specific sum to be raised annually for the payment of the 
 interest during the currency of the debentures ; also a 
 certain specific sum to be raised annually for the payment 
 of the debt, such sum to be such as will be sufficient with 
 the estimated interest on the investment thereof to dis- 
 charge the debt when payable. 
 
 (3) In settling the sum to be raised annually for the 
 payment of the debt, the rate of interest on the invest- 
 ment shall not be estimated at more than five per centum 
 per annum, to be capitalized yearly. 
 
 (ft) R. S. O. (1887) c. 174. 
 
 (fi) See 46 V. c. 45, bb. 5, 6, 8, 
 (Ont.), p. 285. 
 
 pp. 120, et aeq. ; 48 V. c. 68, s. 6 
 
PARKDALE. 
 
 t8» 
 
 (4) The by-lawH nhall provide that Ruch annual Hum 
 Hhali bt) raiHed and levied in each year by a rate Hufficiunt 
 therefor on all ratable property in tht) municipality. 51V. 
 c. 54, H. G. 
 
 7. The corporation of the town of Parkdalo are here- Change of 
 by authorizea to change the assesninent under drainage '^^••"'•"* 
 by-law number 285, by aKscHsini? one-tenth of the cost ot ^ge "jjy!]^^ 
 the drainage works on the lanils in Mchedules A and B mw.'i -tutbor- 
 said b)'-law mentioned, and nine-tenthH thereof on the '■•''• 
 lands in the said schedule B mentioned, instead of assess- 
 ing one-tenth on the lands in schedule A, and nine-tenths 
 on the binds in schedule B, and to make nil necessary ad- 
 justments, refunds and collections consequent upon such 
 change. 51 V. c. 54, s. 7. 
 
 2. WATER AND OAS WORKS. 
 
 44 Viot. CI. 44 (Ont.) 
 
 An Act respecting Water and Gas Works at 
 
 Parkdale. 
 
 [Assented to 4ith March, 1881.] 
 
 WHEREAS the council of the corporation of the village Preamble, 
 of Parkdale, have petitioned for the pas.sage of an Act 
 empowering the corporation of said village to construct, 
 establish and maintain water- works, and gas-works in said 
 village ; and whereas, it is expedient to grant the prayer of 
 the said petition ; 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of 
 Ontario, enacts as follows : — 
 
 1. The coiporation of the village of Parkdale, by and Construction 
 through the agencv of commissioners and their successors**^ water 
 to be elected and appointed as hereinafter j)rovided, may ized. 
 and shall have power to design, construct, build, purchase, 
 improve, hold and generally maintain, manage and conduct, 
 water-works and gas-works or either of them, and all 
 buildings, matters, machinery and appliances therewith 
 connected or necessary thereto in the said village and parts 
 adjacent, as hereinafter provided. 44 V. c. 44, s, 1. 
 
 2- The commissioners and their successors shall be awatcrcom- 
 body corporate, under the name of the " Water and Gas missiouers. 
 Commissioners for the village of Parkdale," and shall be 
 37 
 
290 
 
 PAHKDALE. 
 
 ^ composed of three members, of whom the reeve of the vil- 
 
 lage of Parkdalc, for the time heing, shall be ex-officio one, 
 and the said commissioners shall have nil the powerb neces- 
 sary to enable them to build the water-works and gas- 
 woi'ks hereinafter mentioned, and to carry out all atid 
 every, the other powers conferred upon them by this 
 Act. 44 V. c. 44, s. 2. 
 
 Dutiesofcom- 3. It shall be the duty of the said commissioners to 
 missioners. examine, consider and decide upon all matters relative to 
 supplying the said village, anil the inhfibitants thereof, 
 and such other persons, com|)anies, or bodies politic or cor- 
 porate, as the council of the corporation of the said village, 
 under the powers in this Act conferred, may contract with 
 for that purpose, with a surticient quantity of pure and 
 wholesome water, and of gas of suitable power and 
 purity. 44 V. c. 44, s. 3. 
 
 Powers of 
 
 'COininis- 
 
 sioners. 
 
 4. The connnissioners shall have power to employ engi- 
 neers, surveyors and such othei- persons, and to rent or pur- 
 chase such lands, buildings, waters and privileges as in 
 their opinion may be necessary to enable them to fulHl 
 their duties under this Act. 44 V. c. 44, s. 4. 
 
 Power to 
 •enter on 
 lands. 
 
 
 Divert and 
 appropriate 
 streams, etc. 
 
 Arbitration. 
 
 5. It shall and may be lawful for the said commissioners, 
 their agents, servants, and workmen, from time to time, 
 and at such times hereaiter as they .shall .see tit, and they 
 are hereby authorized and empowered to enter into and 
 upon the lands of any person or persons, bodies politic or 
 cor|)orate, in the village of Parkdale, or within ten miles 
 of the said village, but not within the city of Toronto, or 
 the village of Yorkville, or the village of IJrockton, unless 
 by and with the consent of the council of such city or vil- 
 lage, to be given by by-law in that behalf, and to survey, 
 set out and ascertain such parts thereof as they may 
 require for the purposes of the said water-works and also 
 to divert and appropriate any river, pond of water, sprinsjf 
 or stream of water therein as they .shall judge suitable and 
 proper, except the streams in the township of York known 
 as Well's creek and Baldwin's creek, and to contract with 
 the owner or occupier of the said lands, and those having 
 a right in the said water, for the ])urchase thereof, or of 
 any part thereof, or of any privilege that may be required, 
 foi" the purposes of the said water comii.issioners; and in 
 case of any disagreement between the said connnissioners 
 and the owners or occui)iers of the .said lands, or any per- 
 son having an interest in the said water, or the natural 
 flow thereof, or any such piivilege as aforesaitl, respecting 
 the amount of purchase or value thereof, or »■ to the 
 damages such appro] )riation shall cause to them or other- 
 wise, the same shall l)e decided by three arbitrators, to be 
 appointed as hereinafter mentioned, namely : the comniis- 
 
PARK DAL K. 
 
 291 
 
 sioners shall appoint oiio, the owner or owners shall 
 appoint another, and such two arbitrators shsill within ten 
 (lays after their appointment, appoint a third arbitrator ; 
 but in the event ot such two arbitrators not appointinjj; a 
 third arbitrator within the time albresaid, the judge of the 
 county court of the county of York, shall, on application 
 of either party, appoint such third arbitrator; in case any 
 such owner or occupier shall be an infant, married woman, 
 or insane, or absent from this Province, or shall refuse to 
 appoint an arbitrator in his behalf, or in case such land or 
 water privileges be mortgaged, or pledged to any person or 
 persons, the judge of the county court of the county of 
 York, on application being made to him for that purpose, • 
 
 by the commissionei.s, shall nominate and appoint three 
 inditt'efent persons as arbitratois; the arbitrators to be 
 appoitited as hereinbefore mentioned, shall award, deter- 
 mine, adjudge and order the respective sums of money 
 which the said commissioners shall pay to the respective ' 
 
 persons entitled to receive the same, and the award of the 
 majority of the said arbitrators in wrriting shall be final ; 
 and said arbitrators shall be, and they are hereby required 
 to attend at some convenient place, at or in the vicinity of 
 the said village, to be appointed by the said commissioners, 
 after eight days' notice given for that purpose by the said 
 commissioners, there and then to arbitrate and award, 
 adjudge and determine such matters and things as shall be 
 submitted to their consideration by the parties interested, 
 and also the costs attending said reference and award; 
 and each arbitrator shall be sworn before some one of Her 
 Majesty's justices of the peace, in and for the said county 
 of York, well and truly to assess the value or dn-nages 
 between the parties to the best of his judgment ; and the 
 justice of the peace, before whom the said arbitrators, or 
 any of them shall be sworn, shall give either of the parties 
 re(|uiring the same, a certificate to that effect: Provided Proviso. 
 always, that any award under this Act shall be subject to 
 be set aside on api)lication to any of the Superior Courts 
 of this Province, in the same mannei- and on the same 
 grounds as in ordinary cases of arbitration, in which case a 
 reference ma}' be again made to Mbitr.ition as hereinbefore 
 ]irovided,and that any sum so awiiided shall be paid within 
 till ee calendar months from the date of the award, or deter- 
 mination of any motion to annul the same, and in default 
 of such payment, the proprietor may resume possession of 
 his property, and all his rights shall thereupon revive, and 
 tlio award of the majority of the said arbitrators shall be 
 binding on all parties concerned, subject as aforesaid. 44 
 Y. c. 44, s. 0. 
 
 6- The lands, privileges and water which shall be ascer- Lamia, privi- 
 
 tained, set out or appropriated by the said commissioners ^^K'^saj"! 
 
 us aforesaid, shall tliereupon become and thereafter forever ^."^^^,1 j,j ^1,^ 
 
 bo vested in the corporation of the village of Parkdale, and corporation of 
 
 Parkdale. 
 
 n 
 
 Hi 
 ii. I 
 
 v\ 
 
 m 
 
2i»2 
 
 PARKDALE. 
 
 their successors, and it shall be lawful for the said com- 
 missioners and their successors to construct, erect and main- 
 tain, in and upon the stud lands, all such reservoirs, water- 
 works, and machinery requisite for the said undertaking, 
 and to convey the water thereto and therefrom in, upon 
 or through any of the grounds and lands lying inter- 
 mediate between said reservoirs and water-works and the 
 springs, streams, rivers, lakca ui ponds or water from which 
 the same are procured, and the said village of Parkdale, by 
 one or more lines of pipes, as may from time to time be 
 found necessary, and for better effecting the purposes afore- 
 said, and for the purpose of conducting the water from tlie 
 said works to the consumers thereof, whether within or 
 beyond the limits of the said village of Parkdale, the saiil 
 commissioners, tlieir successors and servants, are hereby 
 empowered to enter and i)ass upon and over the said 
 grounds, roads, highways, railways and lands intermediate 
 as aforesaid, and the same to cut and dig up, if necessary, 
 and to lay down the said pipes through the same, and in, 
 upon, over, under, and through the streets, Innes, highways, 
 railways and roads of and in the townships of York and 
 Etobicoke, the city of Toronto, the village of Yorkville and 
 the incorporated village of Brockton, and in, through, over 
 and under the public ways, streets, lanes, railways or other 
 passages of the said village of Parkdale, and in, upon, 
 through, over or under the lands, grounds and premises of 
 an}' person or persons, bodies corporate or politic or col- 
 legiate, or any lands of the crown, and to set out, ascertain, 
 use and occupy such part or parts thereof as they the said 
 commissioners, or their successors, shall think necessary 
 and proper for the making and maintaining of the said 
 works, or part thereof, or for the opening of new streets 
 required for the same, and for the purchasing of any lands 
 required for the protection of the said works, or for pre- 
 serving the purity of the water supply, or for taking up, 
 removing, altering or repairing the same, and for distribut- 
 ing watnr to jhe inhabitants of, and to the corporation of 
 the village of Parkdale, or for the use of the corpoiation 
 of the said village or of the proprietors or occupiers of the 
 lands through or near which ;.he same may pass, to the 
 municipalities hereinbefore mentioned, and the inhabitants 
 thereof, and to those to whom they, the said commi.-sioiieis 
 are hereby empowered to supply the same, and, for this 
 purpose, to sink and lay down pipes, tanks, reservoirs and 
 other conveniences, and, from time to time, to alter all or 
 any of the said works, as well in the position as in the con- 
 struction thereof, as to the said commissioners, or tlieir 
 successors, shall seem meet, doing as little damage as iiiaj 
 be in the execution of the powers hereby granted to them, 
 and making reasonab'e and adeqxiate satisfaction to the 
 proprietors, to be ascertained, in case of disagreement, by 
 arbitration as aforesaid, and all such water-w arks, pipes, 
 erections and machinery, requisite for the said undertaking, 
 
PARKDALIC 293 
 
 shall likewise be ve.ste«l in and be the pronertj' of the said 
 corporation of the said village of Parkdale : Provided 
 always that the powers and rights by this section given to 
 or vested in the said commissioners or the corporation of 
 the village of Parkdale shall not be enjoyed or exercised 
 within the said city of Toronto or the village of Yorkville 
 or the villag" of Brockton, except to such extent and sub- 
 ject to such conditions as by any by-law in that behalf the 
 council of the said cit)' or of either of V.ie said villages 
 respectively shall provide and require : Provided further 
 that it shall not be necessary to obtain such consent from 
 the city of Toro.ito to enabl-^ the said commi isioners to 
 lay water or gas mains or other ..'orks in connection there- 
 with on Dutferin street in the said city for the purpose of 
 supplying the residents on the west side thereof with gas, 
 or water for purposes of fire protection. 44 V. c. 44, s. 6. 
 
 7. Where there are buildings within the village of Park- Power to 
 dale aforesaid, the different parts whereof belong to differ- ovwMin'i*' 
 ent proprietors or shall be in possession of different tenants across pro- 
 
 ov lessees, the said commissioners shall have power to carry P^.\' V^J*"**' 
 pipes to any part of any building so situate, passing over ^ different"* 
 the property of one or more proprietors, or in possession of persons, 
 one or more tenants, to convey the water to that of another, 
 the pipes being carried up and attached to the outside of 
 the building, and, also, to break up and uplift all pas- 
 sages which may be a conuaon easement to neighbouring 
 pioprietors, and to dig or cut trenches therein for the pur- 
 pose of laying down pipes, or taking up or repairing the 
 same, the said commissioners doing as little damage as 
 may be in the execution of the powers granted by this Act, 
 and making satisfaction thereafter to the owners or pro- 
 prietors of buildings or other property, or to any other 
 party, for all damages to be by them sustained in or by 
 the execution of all or any of the said powers subject to 
 which provisions this Act shall be sufficient authority for 
 doing any of the things aforesaid. 44 V. c. 44, s. 7. 
 
 8. It shall and may be lawful for the said commissioners, Power to 
 their agents, servants and workmen, from time to time, j"^^^^ "" 
 and at such times hereafter as they shall see fit, and they 
 
 are hereby authorized and empowered to enter into and 
 upon the lands of any person or p >rsons, bodies politic or 
 corporate, in the village of Parkdale and the township of 
 York, to set out and ascertain such parts thereof as they 
 may require for the purposes o* said gas-works, and to 
 contract with the owner or occupier of said lands for the 
 purchase thereof, or of any part thereof, or of any privilege 
 that may be required for the purposes of the said commis- 
 sioners; and in case of any disagreement between said 
 commissioners and the owners or occupiers of the said 
 lands, or any such privilege, as aforesaid, respecting the 
 
294 
 
 PARKDALE. 
 
 amount of purchase or value thereof, or as to the (lamape 
 such appropriation shall cause to them or otherwise, the 
 same shall be decided by arbitration in the same niannor 
 as is provided in the fifth section of this Act, and the pro- 
 ceedings on such arbitration shall be as therein set forth. 
 44 V. c. 44. s. 8. . 
 
 Companyinuy 9- Under and subject to the provisions containetl in 
 ^t**fca"^t section thirteen, chapter thirty-nine, of an Act passed in 
 ' the fortieth year of Her Majesty's reign, intituled " An 
 
 Act respecting the city of Toronto, the Toronto Water- 
 Works, and other matters," which said section thirteen 
 shall for the purposes of this Act be held as applying to 
 and including the vilLge of Brockton and the village of 
 Yorkville, in the same manner and to the same extent as 
 the said section applies to arc! includes the city of Toronto, 
 the said commissioners may break up, dig and trench so 
 much and so many of the public streets, roads, squares, 
 highways and other public places either of the village of 
 Parkdale, the city of Toronto, the village of Yorkville, the 
 village of Brockton, and the township of York, as may at 
 any time be necessary or rerjuired for laying down the 
 mainfe and pipes to conduct the gas fi'om the works of the 
 said commissioners to the consumers thereof, whether 
 within or beyond the said limits of the said village of 
 Parkdale, or into, through, or over any part of the city of 
 Toronto, the village of Yorkville aforesaid, the village of 
 Brockton aforesaid, or of the township of York, or for tak- 
 ing up, renewing, altering or repairing the same whenever 
 the said commissioners 'ilial! deem it expedient ; doing no 
 unnecessary damage in the piemises, and taking cave as 
 far as may be to preserve a free and uninterrupted pas- 
 sage through the said streets, squares and public ^tlaces, 
 while the works are in progress, and making the said ojien- 
 ing in such parts of the said streets, squares and public 
 places, as the council of the city, village or ttiwnship, as 
 the case may be, shall reasonably permit and point out, 
 also placing such guards or fences and such lamps, and 
 taking all such precautions as may be necessary for the 
 prevention of accidents to passengers and othei-s, which 
 may be occasioned by such openings ; also finishing the 
 work and replacing the said streets, squares and public 
 places, in as good condition as before the commencement 
 of the work, without any unnecessary delay : Provided, 
 Proviso. that for the purpose of laying mains it shall not be lawful 
 
 for the said commissioners, except with the written cotisent 
 of the engineer of the city of Toronto, (-r the- person for 
 the time being acting as such, or the reeve or head of the 
 council of either of the said villages as the case may bo. to 
 break up or interfere with any of the streets, squares, lanes 
 or passages of the said city of Toronto, or of either ot the 
 said villages as the case iT»?y be, until after thirty days*^ 
 
PARK DALE. 
 
 295 
 
 uotice in writinj; of such intention shall have been given 
 to the said engineer, or the person for the time being act- / 
 
 ing as such, if any, or to the said re€ve or heail of the 
 council as the case may be, but that it shall be lawful for 
 the said commissioners to break up and interfere with such 
 streets, squares, lanes or passages for the purpose of lay- 
 ing service pipes and for repairing any pipes in case of 
 accident, without giving any such notice as aforesaid : 
 Provided further, that unless any street, lane, square or Proviso, 
 passage broken up for the purpose of laying mains, or for 
 any other purpose by the said commissioners is within 
 forty-eight hours thereafter, restored to its original con- 
 dition and so kept in repair by the said comnussioners for 
 six months, ordinary wear and tear excepted, tiie said 
 engineer or reeve or head of the council as the case may 
 be, may at any time within the said period of six months 
 after forty-eight hours' notice in writing of such non- 
 repairs at the head office of the said commissioners, order 
 the same to be restored to its former condition at the 
 expense of the city, or village as the case may be, and 
 deduct the cost of such repairs from any money due by 
 the corporation of the said city or village as the case may 
 be, to the said commissioners, or the same may be recovered 
 at the suit of such corporation against the said commis- 
 sioner in any court of competent jurisdiction. 41 V. c. 44, , 
 s. 9: 
 
 10. VVhere there are buildings within any of the muni- Power to 
 oipalities aforesaid, the different parts whereof belong to '^'"'■y *'**' .. . 
 different proprietors or are in possession of different tenants j^gg^^p^rig'of* 
 or lessees, the said commissioners shall have power to carry which belong 
 pipes to any part of any building so situate, passing over the *° <i»fferent 
 property of one or more proprietors, or in possession of one ^''^"^ """ 
 or more tenants to convey the gas to that of another, or in 
 possession of another, the pipes being carried up and 
 attached to the outside of the building, and also for the 
 
 same purpose to break up and uplift all passages wliich may 
 be a common easement to neighbouriag proprietors, and 
 to dig or cut trenches therein for fhe purpose of laying 
 down pipes or taking up or repairing the same, the said 
 commissioners doing as little damage as may be in the 
 execution of the powers granted by this Act, and making 
 satisfaction thereafter to the owners or proprietoi's of 
 buildings or other property, or to any other party for all 
 damages to be by them sustained in or by the execution 
 of all or any of the said powers, subject to wh'ch provi- 
 sions, this Act shall be sufficient to indemnify the commis- 
 sioners or their servants or those by them employed, for 
 what they or any of them shall do in pursuance of the 
 powers granted hereby. 44 V. c. 44, s. 10. 
 
 11. The said commissioners may from time to time make, Ccipany may 
 construct, lay down, maintain, alter or discontinue such re-^*'''*^' l'*'"'^' 
 
 I; I 
 
596 
 
 PARKDALK. 
 
 ./' 
 
 «oD8truot torts, gasometers, receivers, and buildings, cisterns, engines, 
 buililiiigs, etc. machines and other apparatus, cuts, drains, sewers, water- 
 courses, reservoirs, machinery and other works, and also 
 such houses and buildings upon the lands hereby author- 
 ized to be held and purchased b}- the said commissioners 
 and do all other acts necessary and convenient ns they 
 shall think proper for manufacturing and supplying the 
 ii habitants within the limits of this Act with gas; and 
 may also sell, dispose of, or manufacture the refuse of any 
 such gas, and any coke, tar, surplus coal, or coal not found 
 to answer for making gas, or any other of their real or 
 personal property censing to be required for their purposes. 
 44 V. c. 44, s. 11. 
 
 Construction 12. The commissioners may, doing no unnecessary 
 ofpipeiand damage by reason thereof, lay any pipes, branches oi- 
 other necessary apparatus from any main or branch pipe, 
 into, through, or against any building for the purpose of 
 lighting the same with gas, and may provide and set up 
 any apparatus necessary for securing to any buildings a 
 proper and complete supply of gas, and for measuring and 
 ascertaining the extent of such suppl}'. 44 V. c. 44, s. 12. 
 
 Streets, etc., 13. In case the said commissioners open or break up 
 rre^beiniflaid *''"y street, square, or public place in the .said city of 
 to be kept Toronto, v'.iiage of Yorkville, village of Brockton, or town- 
 free, mid pre- ship of York, and neglect to keep the passage of the said 
 «Min8t aw!^*" ^^'"®®*'' ^^i''*'"® or public place as far as ma}' be, free and 
 ■dents. uninter! upted, or to place such guards or fences, or such 
 
 lamps, or to place such watchmen or to take every .such 
 precaution as may be necessary for the prevention of acci- 
 dents to pas.sengers and others, or lo close and replace the 
 said streets, squares or public places without unnecessary 
 delay as hereinbefore provided, the council of the said city, 
 village or township, as the case may be, after notice in writ- 
 ing to the said commissioners, shall cause the duty so neg- 
 lected forthwith to be performed, and the expense thereof 
 shall be defrayed by the said commissioners on its being 
 demanded by the treasurer of the municipality, at any time 
 not less than one month after the work shall have been 
 completed in any case, from the said commissioners, or in 
 default of such payment the amount of such claim may be 
 recovered from the said commissioners at the suit of the 
 corporation of the municipality, by civil action in any 
 court of competent jurisdiction. 44 V. c. 44, s. 13. 
 
 Distance of 
 main pipes 
 from those 
 of other 
 <:ompanies. 
 
 14. The main and service pipes that shall be laid down 
 by the said commissioners shall be at lea: t three feet from 
 those of any other main or service pipe then laid down 
 for the purpose of either gas or water service, or where 
 this shall be impracticable, as nearly so as the circumstances 
 01 the case shall admit : Provided always, that if any differ- 
 
PARKDALE. . 297 
 
 ence shall arise between the said commis.sioners and any 
 person as to the practicability of the said coininissioners 
 so laying their pipes that they shall he ni a distance of at 
 least three feet from those of any such other main or ser- 
 vice pipe so then laid down as aforesaid, then such differ- 
 ence shall, if relating to the laying of said pipes within 
 the city of Toronto or the said village of Parkdale, be 
 decided by the engineer of the said city, and if relating 
 to the laying of pipes within any othei nunicipality, by a 
 civil engineer to be appointed by the council of such muni- 
 cipality, who if he shall be of opinion that it is not prac- 
 ticable to lay down the pipes at such distiince as aforesaid, 
 shall direct the mode in which the pipes shall be laid at 
 such place and the distance ait which they shall be apart, 
 not exceeding the distance aforesaid : Provided always an 
 appeal shall lie from any such decision of such engineer to 
 the judge of the county court of the county of York. 44 
 
 V. c. 44, s. 14. 
 
 \- 
 
 16. The main pipes laid down by the said commissioners Main pipes to 
 shall have the initials of the corporate name of the said ^,*,**"".i^*l 
 commissioners cast upon each or them, and also the ends of company, 
 of service pipes and stop-cocks which appear in the cellars 
 of the houses or buildings to be supplied with gas, shall be 
 legibly and permanently stampedor marked with thesaid in- 
 itials to distinguish them from those of any [other] company, 
 under a penalty of twenty-five dollars for each offence or 
 neglect thereof, which penalty shall be paid to the corpora- 
 tion or person prosecuting, and shall be recovered by civil 
 action in any court of com|)etent civil jurisdiction. • 44 V. 
 c. 44, s. 15. 
 
 • 
 
 16. If any person shall wilfully or maliciously hinder or Offences and 
 interrupt, or cause or procure to be hindered or interrupted, Penalties, 
 the said commissioners, or their managers, contractors, 
 servants, agents or workmen, or any of them, in the exer- 
 cise of any of the powers and authorities in this Act 
 authorized and contained, or if any person shall wilfully 
 or maliciously let off or discharge any water or gas so that 
 the same shall run useless out of the said works, or if any 
 person shall throw or deposit any injurious, noisome or 
 oflensive matter into the said water or water-works 'or 
 upon the ice, or in any way foul the same, or commit any 
 wilful damage or injury to the w^orks, pipes, water or gas, 
 or encourage the same to be done, every person offending 
 ill any of the cases aforesaid shall, on conviction thereol", 
 before any justice of the peace having jurisdiction within 
 the locality where the ofi'ence shall be committed, forfeit 
 and pay for every such offence a sum not exceeding the 
 sum of twenty dollars, together with the cost of conviction, 
 one-half to be applied to the use of the commissioners for 
 the purposes of said works, and the other half to him or 
 
 38 
 
298 
 
 PARKDALK. 
 
 her who shall lay the iiiforinntion, and, in case the par> 
 ties Huing for the .same shall be the coinniisHJoners them- 
 selves, or any of their servants, officcr.H, ager:ts or work- 
 ^ men, then the whole of the said penalty shall be applied 
 to the uses of the commissioneis for the purposes pi the 
 said works, and such justice may also, in his discretion, 
 further condemn s\ich person to be confined in the common 
 gaol for the county of York, for any period not exceeding 
 one calendar month, as to such justice shall seem meet, and 
 such pei-son or persons so oHendiug, notwithstanding any 
 such conviction as aforesaid, shall be liable to an action nt 
 law, at the suit of the conunissioners, to make good any 
 damage done by him, her or them. 44 V. c. 44, s. IG. 
 
 Mateiittl jy. All materials procured, or jiartially procnied under 
 
 exec'uUon?"' Contract with the commissioners, and upon which the said 
 
 commissioners shall have made advances in accordajice 
 
 with such contract shall be exempt from execution. 44 V. 
 
 c. 44, s. 17. 
 
 fiooksand 18. The said commissioners .shall be and are hereby 
 
 ^*'""^*'' ****'* required to keep, or cause to be kept, regular books of 
 misaiouers. account and books for recording the whole of their ofKcial 
 , proceedings in which the accounts lelating to the water- 
 ' works, shall be separate and distinct from those relating to 
 the gas-works, and the commissioners and the clerks em- 
 ployed in their service shall before entering on their respec- 
 tive duties, be sworn before a justice of the peace to the 
 Inspection of faithful performance of their duties ; and all such books shall 
 **''*"• be open to the examination of any member of the council 
 
 of the village of Parkdale, or of any person or persons 
 appointed for that purpose by the council of the corporation 
 of the village of Parkdale, and shall annually, on or before 
 the thirty-Ki'st day of December in each and every year, 
 make a report to the corporation of the village of Parkdale, 
 of the condition of the works under there charge, accom- 
 panied by ji statement of their receipts and expenditines 
 Statements to on account of the same respectively; and the couiinission- 
 be furnished ers and their successors, shall from time to time, in each 
 year, deliver to the council of the said corporation, such 
 other statement of the affairs of the said water- works and 
 gas-works, as the said corporation may consider necessary, 
 and which will afford to the inhabitants of the village of 
 Parkdale a full and complete knowledge of the .state 
 of affairs of the said water-works and gas-works, and 
 such information as may be required by the corpora- 
 tion of the said village, and all the accounts relating to 
 said water works and gas-works may be audited by the 
 auditor of the said corporation in regular course. 44 V. 
 c. 44, s. 18. 
 
 to corpora- 
 tion, 
 
 Use of water JQ. No person shall be held to be disqualified from bein^f 
 qua?i^cati(in ®'®^*'®'^' ^^ sitting as a member of the council of the 
 ror council. 
 
PARKDALIS. 
 
 209 
 
 municipal corporation of the village of Parkdale, l»y 
 reason of hiis being a talter or consumer of water or gn^, , 
 supplied by the coJimiissioners or the corporation, or by 
 reason of any dealing or contract with the coniniissioMcrs 
 or the corporation, with reference to the supply of water 
 or gas to such person. 44 V. c. 44, s. 19. 
 
 20- The conunissioners for the time being shall regulate Regulations 
 the distribution and use of the water and gas in all places,"'*""'^"' 
 and for all purposes where the same may be required, and 
 
 from time to tiUie shall fix the prices for the use and con 
 sumption thereof, and the times and manner of pu3-ment, 
 and they shall erect such number of public hydrants and 
 such street lani|ts for lighting, and in such places as the 
 council of the village may direct: Provided always, that provUo. 
 all hydrants, conduits, or other appliances for the con- 
 veyance of water or gas which the corporation of the 
 village of Parkdale may require under this Act vvithin the \, 
 
 said village, for the purpose of extinguishing fires, or 
 watering or lighting the streets, shall be placed as the 
 corporation of the said village shall direct, ami shall be 
 under their exclusive conti-ol and direction when erected ; 
 and the said comujissioners arr liereby empowered, at pi'o- 
 per hours of the day, and upon reasonable notice given and 
 request made by them for that purpose, to place meters for 
 either gas or watei', as the case may be, upon any service- 
 pipe or connection within or without any house or building 
 as they may deem expedient, and for this purpose, or for 
 the purpose of protecting or of regulating the use of any 
 such meter, to set or alter the position of the same, or of any 
 pipe connection or tap, and to fix the price to be paid for the 
 use of an}' such meter, and the necessary appliances con- 
 nected therewith, and the times when and the manner in 
 which the same shall be payable, and also to oharge for 
 and recover the expenses of such alterations, and such 
 price, and the expense of such alterations may be collected 
 in the same manner as water or gas rates : Provided that Pioviso. 
 no service-pipe, fittings or meters, belonging to the said 
 water-works or gas-works, shall be subject to distress for 
 rent due to any landlord in respect of premises, wherein 
 the same may be. 44 V. c. 44, s. 20. 
 
 21- If any person shall wilfully damage or cause to be Penalty on 
 damaged, any such meter or any service-pipe or fittings, persons injur- 
 or wilfully alter any such meter, so as to lessen or alter meters, etc. 
 the amount of water or gas registered thereby, as the case 
 
 may be, or so as to cause the quantity registered or used 
 to be falsely indicated, or shall wilfully remove, destroy, 
 damage, fraudulently alter, or in any way injure any pipv"*, 
 pedestal, post, plug, lamp, or other apparatus or thing 
 belonging to the said work, or wilfully extinguish any of 
 the public lamps or lights, or waste or improperly use or 
 
 lil 
 
300 
 
 PARKOALE. 
 
 r^ 
 
 HufTer to be UMcd, any of the gns or water Hiippliud from 
 Haid works, he uhall incur a penalty of not less than five 
 dollarH nor more than one huiiilrcd dollars, to l)o recovered 
 with tuil coHtH on summary conviction before any justice 
 of the peace for the county of York, and in case the said 
 penalty and costs are not paid forthwith, the justice may 
 commit the offender to the common gaol of the county of 
 York, for any j)eriod not exceeding thirty days, unless the 
 said penalty anc^ costs are sooner paid. 44 V. c. 44, s. 21. 
 
 Water-ratei. 23' The commissioners shall have power and authority, 
 and it shall he their duty, from time to time, to fix the 
 
 Erice, rate or rent, which any owner or occupant of any 
 ouse, tenement, lot, or part of a lot, or both, in, through 
 or past which the water }>ipes shall run, shall pay as water 
 rate or rent, whether such owner or occupant shall use the 
 water or not, having due regard to the assessment, and to 
 any special benefit and advantage derived by such owner 
 or occupant, or conferred upon him or her, or their pro- 
 perty, by the water-works and the locality in which the 
 same is situated ; and said commissioners shall from time 
 to time, fix the price and rate per thousand feet of gas 
 which .any owner or occupant as aforesaid, to whom the 
 same shall be supplied, shall pay therefor, and the times 
 of payment, and such water rate as shall be assessed by 
 such commissioners upon such owner or occupant, shall bo 
 Lien for rates, and continue a lien or charge, unless paid, upon such real 
 estate, and the commissioners shall also have power and 
 authority from time to time to fix the rate or rent to be 
 paid for the use of the water by hydrants, fire-plugs and 
 public buildings. 44 V. c. 44, s. 22. 
 
 Rates to be 
 paid over to 
 treasurer. 
 
 23. AH water and gas rates and rents when collected, 
 less disbursements, by the commissioners, shall be paid 
 over monthly by the commissioners to the treasurer of the 
 said village of Farkdale, and by him shall be placed to the 
 credit of the gas and water accounts respectively, and the 
 commissioners shall have power to make and enforce nil 
 necessary by-laws, rules and regulations for the general 
 maintenance or management and conduct of the said water 
 and gas works, and the officers and others in their employ, 
 not inconsistent with this Act, and for the collection of 
 said water and gas rates, or rents, and for fixing the times, 
 which shall be quarterly, when and the places where the 
 same shall be paj'able ; also for allowing a discount for pre- 
 paj'ment, and in case of default in payment, to enforce 
 ))ayment by shutting off the gas or water, or both, as the 
 case may be, or by suit at law, in any court of competent 
 jurisdiction, or by distress and sale of the goods and chat- 
 tels of any owner or occupant supplied with such gas or 
 water, or of any goods or chattels in his possession, wherever 
 the same may be found, within the village of Parkdale or 
 
PAIIKI>\LE. . . 301 
 
 the county of York, or of any good.s or chattels found on *' 
 
 the pruinisus, the property of, or in the possoMiion of Ruy 
 other occupant of the prenii.seH; such ilistress and sale .shall 
 be conducted in the same manner as sales for taxes, and 
 the costs chargeable s'uill l)e those payable to bailitfs under 
 The Division Court Act : Provided that the attempt to col- 
 lect such rates by any process her»unbefore mentioned, 
 shall not in any way invalidate the lien, if any, upon such 
 premises. 44 V. c. 44, s. 23. 
 
 24. The commissioners, by by-law, shall have power, power to em- 
 with the consent of the corporation of the village of Park-PW mms- 
 dale, to employ the village collectors, assessors, and such JJJ"' y^*"'" 
 other persons as in their opinion may bo necessary to carry 
 out the object of this Act, and to specify the duties of such 
 persons so employed and to Kx their (compensation, and all 
 Huch persons shall hold their offices under the commis- 
 sioners, at the pleasure of the conmiissioners, or as they 
 .shall determine by by-law in that behalf ; and .shall give 
 such security a.s the commissioners shall from time to time 
 require, and such assessors and collectors shall, within the 
 said village of Parkdale, have as full power in the perfor- 
 mance and enforcement of the matters to them committed 
 as the collectors and assessors in the said village of Park- 
 dale may by law possess and enjoy ; and the commissioners Protection in 
 and their officei's shall have the like protection in theexerciae of 
 exercise of their respective offices and the execution of their ^**'®* 
 duties as justices of the peace now have under the laws of 
 this Province. 44 V. c. 44, s. 24. 
 
 25- If any person or persons shall lay, or cause to be Using water 
 laid, any pipe or main to communicate with any pipe or w>*J>""* ^on- 
 main of said water-works or gas-works, or in any way**"" 
 obtain or use any water or gas therefrom, or furnish them 
 or either of them to others, without the consent of the com- 
 missioners, he or they shall forfeit and pay to the commis- 
 sioners for water-works or gas-w^orks purposes respective!}', 
 Hs the case may be, the sum of one hundred dollars in each 
 case, and also a further sum of five dollars for each pipe or 
 main for each day during which such pipe or main shall so 
 remain, which sums, together with costs of suit in that 
 behalf, may be recovered by civil action in any court of 
 law in the province, having jurisdiction to that amount. 
 44 V. c. 44, s. 25. 
 
 26' If any person shall bathe or wash, or cleanse any Bathing, etc., 
 cloth, wool, leather, skin or animals, or place any nuisance w»tl>»n one 
 or offensive thing within the distance of one mile from the ^f water 
 source of supply, and not being within the city of Toronto, supply pro- 
 for such water-works in any lake, river, pond, creek, spring, hibited. 
 source or fountain, from which the water of the said water- 
 works is obtained, or shall convey, or cast, or throw, or put 
 
302 PAHKDALB. 
 
 an}' HItli, tlirt, tlcwl carcnrtos, or otiior noisome or oflTcnHive 
 tilings tlxTfin, or witliin the ilistnncu lis abovu set out, ur 
 canst', permit, or suffer the water of iiiiy sink, sewer or 
 (Iruin, to run (»r he conveyetl into the same, or cause any 
 other thiiij^ to he done wherehy the water tlierein may l»e 
 in any wise tainted or fouled, overv such person shull, on 
 conviction thereof hefore any justice of tlie peace, Ikj hy 
 Nueli justice adjud<;ed and condemned to pay a penalty for 
 every such oM'ence, not exceedinj^ twenty dollars, together 
 with eoMts, one half to he applied to water-works pur- 
 poses, and the other half to him or her \vh(» shall lay the 
 information ; and in case the i)arty laying such informa- 
 tion bo the commissioners themselves or any of their 
 officers or servants, then the whole of the saitl penalty 
 ' shall he applied to the uses of the connnissioners for water- 
 works purposes, and such justice may also in his discretion 
 further condemn such person to he confined in the common 
 gaol for a space of time not exceeding one calendar month, 
 with or without hard labour, as to such justice may seem 
 meet. 44 V. c. 44, s. 2G. 
 
 Power to 27- It .shall and may be lawful for the commissioners, 
 
 make by-laws g^jj, I ^]^^,y g^y^ j^jreby authorized and empowered to make 
 MToiigfuluae such by-laws as to them shall seem requisite and necessary, 
 of water, ami for prohibiting by fine, not exceeding twenty dollars, for 
 regulating water-works purposes, or imprisonment not exceeding one 
 calendar month (the amount of such fine and duration of 
 such iiiiprisonmeiit, and also the option between fine and 
 imprisonment, with or without hard labour, being always 
 in the discretion of the justice of the peace before whom 
 any proceeding may be taken for enforcement thereof), 
 any person being occupant, tenant or inmate of any house 
 3U|)plied with water from the said works, from lending, 
 selling or disposing of the water thereof, from giving it 
 away, or permitting it to be taken or carried away, or 
 from using or applying it to the use or benefit of othors, 
 or to any other than to his, her, or their own use and 
 benefit, or from increasing the supply of water agreed for 
 ■with the said commissioners, or from wrongfully neglect- 
 ing or improperly wasting the water, as also for regulating 
 the time, manner, extent and nature of the supply of 
 .water l>y the said works, the tenement or parties to which 
 and to whom tlie same shall be furnished, the price or 
 prices to be exacted therefor, and each and ever}' matter 
 or thing relating thereto or connected therewjth, which it 
 may be necessary or proper to direct, regulate or deter- 
 mine, for issuing to the inhabitants of the said village 
 a continued and abundant supply of i)ure and wholesome 
 water, and to pi-event the practising of frauds upon the 
 commissioners w^ith regard to the water so supplied. 44 
 V. c. 44, s. 27. 
 
 Cost of laying 28- In all cases where a vacant space intervenes be- 
 service pipes tween the line of the street and the wall of the building 
 
 t 
 
PAKKDAI.K. 
 
 into wljicli the wati-r is to Itt* tal<t>n, tin' coiiiiiiiM.siom'rH ar« *«"■""■• viu^ttiii 
 oiiipoweretl In lay tlif Mt-rvici! pipes iici'ons sueh vaeant "|*^^*'*'J^"* 
 space, uiul cliar;,'c the eosl of th(* s'lme to thf hwihts of 
 the preiiiises, such chari^e to Ik! pnynl>h' with the Hrst 
 payment of water ratt>s, and to l>e eolleeteil in the siiniu 
 manner from the sai«i owners. 4+ V^ e. 44, s. 2S. 
 
 29- The service pipes from tlie line of the street to thoHorvico pipm, 
 interior face of the outer wall of tht^ lniil(lin<r supplieii, to- "^'P*-'"*'""' 
 getlier with all branches, couplings, stiip-(!ocKs, meU-rs ami 
 apparatus placeil therein hy the eoiiimissioners, shall l»o 
 
 under tlicir control, and if any damage he done to this 
 
 f)ortion of the service pipes or their fitting, eitlier hy neg- 
 ect or otlierwise, the commissioners may repair the same, 
 and charge the cost thereof to the occupatit or owner of 
 the premises ; the stopcoc.k placed hy the commissioners 
 inside tlie wall of the huildin'; shall not he used hv tho 
 water tenant, except in cases of accitlent or for tho pro- ^ 
 
 tection of the huilding, or the pip(!s, and to prevent flooiling 
 of tho premises. 44 V. c, 44, s. 2!). 
 
 30- AH parties supplied with water by tho commis- Tuiw. 
 sioners may ho recjuired to place only such taps for draw- 
 ing and shutting ofi" the vvuter, as may be approved of by 
 
 tho commissioners. 44 V. c. 44, s. 30. 
 
 31. Neither tho said commissioners nor the corporation Non-liability 
 of the village of Parkdale, shall bo liable for damages for liruakago. 
 caused by the breaking of any service pipe or attachment 
 
 for the service of water, or for any shutting off of the 
 water or gas to repair mains, or to tap pipes, provided 
 notice be given of the intention to shut off the water or 
 gas where the same is shut off more than six hours at any 
 one time. 44 V. c. 44, s. 31. 
 
 32. It shall be lawful for the officers of the said com- power to 
 missioners, and every person authorized by them for that insjiect 
 purpose, to have free access at proper hours of the day, ''"'Idiugs. 
 and upon reasonable notice given, and request made for 
 
 that purpose, to all parts of every building in which water 
 or gas, or either, is delivered and consumed, and also in like 
 manner to enter into and upon the lands and houses of 
 any person or corporation for the purpose of erecting 
 water and gas meters therein, and for the purpose of in- 
 specting or altering the same. 44 V. c. 44, s. 32. 
 
 33. If any person or persons not being in tho employ- interference 
 ment of the commissioners, or not being a member of the with hydrants 
 fire brigade of the village of Parkdale, and duly authorized?*^'.' PI""" 
 
 in that behalf, shall wilfully open or close any hydrant, 
 or obstruct the free access to any hydrant, stop-cock, 
 chamber, or hydrant chamber, by placing on it any building 
 
804 
 
 PAUKDALE. 
 
 ,: material, rubbish, or otherwise, every such person shall, 
 .,^ on conviction before any of Her Majesty's justices of the 
 peace, forfeit and pay for each offence a sum not exceedinj,' 
 »•*■ twenty dollars, for water- works purposes; or, in default of 
 payment, be imprisoned in the gaol of the county for a 
 term not exceeding thirty dax s, and each time the said 
 hydrants are so interfered with, and each day or part of a 
 ■ day, night, or part of a night, said obstruction shall con- 
 tinue, shall be considered a separate offence. 44 V. c. 44, s. 33 
 
 Quomm of 34. A majority of said commissioners shall constitute a 
 commission- quorum for the transaction of any business allowed or 
 . / required by virtue of this Act. 44 V. c. 44, s. 34. 
 
 Exclusive 
 control of 
 lands, etc. 
 
 35. The said commissioners shall have full, entire and 
 exclusive possession, control and management of the said 
 lands, water and gas-works, and all things appertaining 
 Commission- thereto, and may in the name of "The Water and Gas 
 era may sue Commissioners of the village of Parkdale," prosecute or 
 or be sued, defend any action or i)roceeding at law or in equity against 
 any person or persons, or body C(»rporate or politic, for 
 . money due for the use of water or gas, or both, for the 
 breadh of any contract, express or implied, touching the 
 execution or management of the works, or distribution of 
 the water or gas, or of any promise to or contract with 
 them, and also for any injury, damage, trespass, spoil, or 
 nuisance, or other wrongful act, done or suffered, or any 
 unlawful interference with the water courses, source of 
 water supply, gas-works, water or gas-pipes, or any pedestal, 
 post, plug 01 lamp, or any machinery, or any apparatus 
 belonging to or connected with any part of the works, or 
 for any improper use or waste of gas or water, or for any 
 wilful extinguishing of public lamps or lights, or for any- 
 thing otherwise arising out of their said office as commis- 
 sioners. 44 V. c. 44, s. 35. 
 
 Cost of ex- 36. The commissionei"s are hereby empowered to arrange 
 tending sup- for the extension of pipes, in suburbs or partially built 
 ply to suburbs .Jqjjjj^jJ the village of Parkdale, by allowing a deduction 
 from the price charged for the water and gas, or either, to 
 such extent as the commissioners shall see fit, when the 
 said pipes are laid at the cost of the parties, under the 
 directions of the commissioners, and subject to their ap- 
 proval, or the commissioners may lay the pipes, charging 
 the said parties in addition to the usual water rates, a 
 yearly interest upon the cost of such extension, which 
 interest, or such portion thereof as shall then be due, shall 
 be paid at the same time and collected in the same manner 
 as the water or gas rates. 44 V. c, 44, s. 36. 
 
 Powers to 37- The commissioners shall have power and authority 
 
 ■«W'y ^'^^' to supply any corporation, municipal or otherwise, person 
 
PARK DALE. 
 
 305 
 
 or persons with water and gas, or either, although not "'de of Park- 
 being a resident within the said vi Mage of Parkdale, and 
 may exercise all other powers necessary to the carrying 
 out of their agreements with such corporations or persons, 
 as well within the city of Toronto, the village of York- 
 ville, the village of Brockton, and the townships of York 
 and Etobicoke, as within the said village of Parkdale, 
 and they may, also, from time to time, make and carry out 
 any agreement, which they may deem expedient for the 
 supply of gas and water, or either, to any railway company 
 or manufactory within the aforesaid limits : Provided 
 that no power or authority shall be exercised under this - 
 
 clause without tho consent and approbation of the council of 
 the village of Parkdale. 44 V. c. 44, s. 37. 51 V. c. 64, s. 3. 
 
 38- If any action or suit be brought against any person Limitation of 
 or persons for anything done in pursuance of this Act, the actions- 
 same shall be brought within six calendar months next 
 
 after the act committed, or, in case there shall be a con- 
 tinuation of damages, then within one year after the original 
 cause of action arising. 44 Y. c. 44, s. 38. 
 
 39- For the purpose of constructing the said water- p^j^g,toiag„^ 
 works or gas-works, or both, and purchasing all the ma- debentures, 
 chinery and materials connected therewith, and paying the 
 
 interest on the debentures during the progress of the 
 works, and expenses attendant thereon, and for the purpose 
 of meeting the payment of any other matter or thing con- 
 templated or allowed by this Act, the corporation of the 
 village of Parkdale shall have power to issue debentures, 
 none of which shall be for a less sum than one hundred 
 dollars, for a sum of money not exceeding one hundred 
 thousand dollars, (a; which debentures shall be made pay- 
 able in thirty years, at farthest, from the date of the respec- 
 tive issues thereof, and shall bear interest at a rate not to 
 exceed seven per centum per annum, such interest to be 
 payable half-yearly, and such debentures shnll be signed 
 by the reeve and treasurer of said village for the time 
 being, and the council of the said village, shall, after the 
 completion of said works, and for the purpose of providing 
 a sinking fund for the pa^'mentof said debentures and the 
 interest thereon, levy annually, by a general assessment, 
 in such manner as general rates are levied under the Muni- 
 cipal Act, such sum as may be necessary to pay the interest 
 upon and provide a sinking fund for the payment of said 
 debentures as the same shall fall due respectively : Pro- 
 vided, however, that, before the issue of such debentures, 
 the council of the said village of Parkdale shall pass a by- 
 law for that purpose, which shall, before the final passage 
 thereof, be submitted to and receive the assent of the 
 majority of the electors of the village of Parkdale, voting 
 
 (<i) See 51 Vict. c. 54, 88. 4, 5 (Ont), p. 311. 
 S9 
 
306 
 
 PAKKDALE. 
 
 ■/. 
 
 ■/ 
 
 Application 
 of revenues. 
 
 upon such by-law in the manner required by The Municipal 
 Act and amending Acts, now passed or hereafter to be 
 passed, for the submission of by-la'.v«« to the electors, and 
 such by-law may be in the form contained in schedule 
 " A " to this Act ; such debentures, when iasued, shall be 
 deposited in some of the chartered banks having an office 
 in the city of Toronto, and the proceeds thereof, when 
 sold, shall be deposited in some chartered bank in the 
 city «>f Toronto to the credit of a special and separate 
 account, and the same shall be paid out only in pursuance 
 of a resolution of the council of the village of Parkdale, 
 and on the cheque of the reeve thereof for the time being, 
 and the chairman for the time being of the board of said 
 commissioners. 44 V. c. 44, s. 39. >< . 
 
 40- After the construction of the works all the 
 revenues arising from or out of the suppl-'ing of water or 
 gas, or from the real or personal property connected with 
 the said water-works and gas-works, or either, to be ac- 
 quired by the said commissioners under this Act, shall, 
 after providing for the expenses attendant upon the main- 
 tenance of the said works, be paid over to, and deposited 
 monthly with the treasurer of the said corporation of the 
 village of Parkdale, as hereinbefore provided, and shall 
 make part of the general funds of the corporation and 
 may be applied accordingly. 44 V. c. 44, s. 40. 
 
 41. The lands, buildings, machinery, reservoir, pipes and 
 all other real or personal property connected with or ap- 
 pertaining or belonging to the water-works or gas-works, 
 or both, being within the village of Parkdale, shall be 
 exempt from assessment and taxation. 44 V. c. 44, s. 41. 
 
 ^* «™ **ffi*^ ^*^* '^^^ w^atchman and other officers of the said com- 
 cerso/the niissioners, when in the discharge u\' *:heir duty, shall be, 
 peace. ex-qfficio, possessed of all the powers and authorities of 
 
 officers of the peace. 44 V. c. 44, s. 42. 
 
 Exemption 
 from taxa- 
 tion. 
 
 Commission- 
 ers, how ap- 
 pointed; 
 
 43. There shall be tliree commissioners, of whom the 
 reeve of the village of Parkdale, for the time being shall 
 be ex-offi,cio one, and two of whom shall be elected by the 
 ratepayers of the said village, qualitied by municipal law 
 to vote for councilmen, in manner and for the term herein- 
 after mentioned and provided, and the remuneration of 
 the said commissioners shall be such as the Council of the 
 corporation of the village of Parkdale may by by-law, 
 before their election, determine. 44 V. c. 44, s. 43. 
 
 Teimof office. 44. The said commissioners shall hold office for the term 
 
 of one year, and until their successors are appointed and 
 
 .• elected, except the commissioners first elected, who shall 
 
 hold office until the first Monday of January next follow- 
 
PARKDALE. 
 
 807 
 
 ing 
 
 their election ; and after the said tirst election, the 
 commissioners shall be elected to the said office at the 
 same time and in the same manner as tor the election of the 
 reeve of the said villa<je, and all the provisions and remedies 
 of The Municipal Institiitioas Act at any time in force ^ • 
 with respect to reeves shall apply in all pavciculars not 
 inconsistent with this Act to the said commissioners, as to 
 election, unseating, filling vacancies, grounds of disqualifi- 
 cation, and otherwise, and each commissioner so elected orQnaliiication. 
 appointed shall, during the whole period of his appoint- 
 ment or term of office, be jiossessed in his own right, or in 
 right of his wife, of a legal or equitable freehold, within 
 the village of Parkdale, of the value of three thousand 
 dollars, over and above all incumbrances, or six thousand 
 dollars in leasehold estate, and who shall, before taking 
 office, make oath to such qualification before some justice ■" 
 of the peace in tlie county of Yoik. 44 V. c. 44, s. 44. -' '-. 
 
 45. Whenever the by-law authorizing the construction First election 
 of the said water-works and gas-works, or either, shall c""""'*- 
 
 sioners. 
 
 have been finally passed by the council, a meeting of the 
 electors of the said village shall take place, for the nomi- 
 nation of two persons for the office of water and gas com- 
 missioners, at such place as the council shall by by-law 
 appoint, and the proceedings at such meeting shall be 
 similar to those in the case of the nomination for reeve ; 
 but in case it becomes necessary to adjourn the proceedings 
 by I'eason of more than the necessary number of candi- 
 dates being proposed, such adjournment for holding the 
 election shall be until the first Wednesday thereafter, being 
 not less than five clear days, when a poll shall be opened 
 in the said village at the places, oi' near thereto, where tne . 
 
 then last municipal election was held, and in all particulars 
 the election shall be conducted in like manner as an election 
 for reeve ; but the provisions of this section shall not pre- 
 vent the first election of such commissioners from being 
 held at the same time as the annual election of municipal 
 councillors. 44 V. c. 44, s. 45. 
 
 46. A commissioner may resign his office, and shall Vacancies in 
 cease to hold office for the same causes as by municipal" ' 
 
 law the seat of a councilman in the council becomes vacant ; 
 in cnse cf a vacancy in the office of commissioner during 
 the term of his office, the council of the corporation of the 
 village of Parkdale shall appoint a person to fill the 
 vacancy, and the person so appointed shall hold office for 
 the residue of the term for which his predecessor was 
 elected or appointed or for which the office is to be filled. 
 44 V. c. 44, s. 46. 
 
 47. No commissioner or councilman shall personally ^^" commis- 
 have or hold any contract in connection with said works, gJ,"JJ^J".j^^jj ^^, 
 or be directly or indirectly interested in the same or any hold contract 
 
308 
 
 PARKDALK. 
 
 in connection of them ; no deputy-reeve or councilman shall be eligible 
 
 with \»ork«. £jjj, gieg^JQjj Q,. appointment as a commissioner, and no 
 
 commissioner as councilman. 44 V. c. 44, s. 47. 
 
 Works may 4g Notwithstanding the provisions of this Act author- 
 ed directly'by '^^"& the construction of the said water and gas-works 
 corporation, through the agency of commissioners, the corporation of 
 the village of Parkdnle in the by-law authori7,ing the con- 
 struction of said water-works and gas-works, or either, 
 and ref>3rred to in the thirty-ninth section of this Act, may 
 declare that the said water- works and gas-works, or either, 
 shall not be constructed by or through the agency of com- 
 missioners, but instead thereof, that the said works shall 
 be constructed directly by the said corporation of the 
 village of Parkdale ; and in case the said corporation shall 
 so desire to const-'uct the said works, then all the powers, 
 rights, authorities, duties and liabilities by this Act, given 
 to, granted or vested in or imposed on tne said commis- 
 sioners, shall be vested in the said corporation, and the 
 council of the said corporation shall bo vested with all the 
 powers, privileges and immunities necessary for carrying 
 into effect the intentions and objects of this Act. 44 V^. 
 c. 44, s. 48. ?.'■-• 1 
 
 Power to use 40. In case the corporation of the village of Parkdale 
 otherUeht in **^^'' desire to substitute the electric or other light in lieu 
 lieu of gas. of gas, they shall have full power so to do, and all the 
 rights and privileges of this Act, as relating to the build- 
 ing of gas-works and the distribution and sale of gas, and 
 the right to collect the rate therefor, and all other rights 
 and privileges in connection therewith, shall apply also to 
 such electric or other light. 44 V. c. 44, o. 49. 
 
 Works may 5Q. In case the corporation of the village of Parkdale 
 ed bva*™m- ^^^^^ ^^^ ^^^ ^^ *o construct the said water-works or gas- 
 panyorother- works, or either, by or through the agency of commis- 
 wiBe. sioners or directly by the said corporation, the said corpo- 
 
 ration may, in the by-law referred to in the thirty-ninth sec- 
 tion of this Act, declare it advisable to have the said 
 works constructed either by a corporate company, or by 
 any other person or persons, and the said corporation may 
 grant aid for the construction in such manner as they may 
 consider expedient. 44 V. c. 44, s. 50. 
 
 Approval by 5|, In case the corporation of the village of Parkdale 
 L^ri*i'^f^l„ shall desire to construct the said woi'ks by either of the 
 
 moue ot con- .iii iii !•• e \ • 
 
 struction modes provided by the last two preceding sections of tin* 
 
 necessary. Act, such mode shall be first approved of by a majority of 
 
 the qualified voters voting on any by-law to be submitted 
 
 for that purpose ; and the question or questions respecting 
 
 the adoption of either of such modes ma}' be submitted 
 
 ' ' by the council of the said corporation for the approval of 
 
 54 
 
 given 
 
 shall 
 
 Toront 
 
 ton, sa 
 
 of the 
 
 may 
 
 time to 
 
 ize, anc 
 
 and res 
 
 by-law 
 
 until 
 
 duce su 
 
 of such 
 
PARKDALE. 809 
 
 ti ■» qualified voters in the proposed by-law mentioned in 
 the thirty-ninth section of this Act, and the votes shall be 
 given on each specitic question which may be submitted, 
 or the same may be submitted separately. 44 V. c. 44, 
 s. 51. 
 
 52. The council of the corporation of the village ofDelegation of 
 Parkdale shall have full power by by-law to confer on any P*'*^"".'?^ 
 
 ..• lu i. J i 1 ..•'corporation. 
 
 person or persons or corporations that may undertake the 
 construction of the said works, all the powers, privileges 
 and immunities necessary to acquire the lands, water and • 
 privileges necessary for the establishment and construction 
 of said water-works or gas-works, or either, and the man- 
 agement thereof when constructed, which by this Act are 
 conferred upon the commissioners or the corporation of 
 the village of Parkdale or upon the said council. 44 V. 
 c. 44, s. 52. ' 
 
 '- \ • ■ .,: ' y- \ 
 
 53. The corporation of the said village, in case the con- Corporation 
 struction of the works be entrusted to commissioners, as "J*y »8™™« 
 hereinbefore provided, may, by by-law, at any time assume tioVofwOTka. 
 the work, remove the commissioners, apportion their cur- 
 rent year's salary, and proceed with the works, and, in such 
 
 case, all the rights, powers, authorities, duties and liabilities 
 by this Act given to, granted or vested in the said com- . 
 
 iiiissioners shall be vested in the said eorporation, which 
 shall also be vested with, and have all the powers, privi- 
 leges and immunities necessary for carrying into effect the 
 intentions and objects of this Act. 44 V. c. 44 >. 53. 
 
 54- Provided always, that none of the rights or powers Powers not to 
 given to or vested in the said commissioners by this Act }*® S,**"*'?®^ 
 shall be used or exercised by them within the city of etc., without 
 Toronto, the village of Yorkville, or the village of Brock- special autho- 
 ton, save to such extent and in such manner as the council "^y- 
 of the said city or of either of the said villages, as the case 
 may be, may with respect to its own municipality from 
 time to time by by-law in that behalf permit and authoi'- 
 ize, and always subject to and upon the terms, conditions 
 and restrictions in any such by-law contained ; and no such 
 by-law shall be passed by any such council unless and 
 until two weeks' previous notice of the intention to intro- 
 duce such by-law shall have been first given at a meeting 
 of such council. 44 V. c. 44, s. 54. 
 
 SCHEDULE "A." 
 
 (Section S9.) 
 
 A by-law to provide for the issue of water-works deben- 
 tures to the amount of % under the authoritv of " An 
 Act respecting water and gas-works at Parkdale. 
 
910 , PARKDALE. 
 
 Whereas, the said recited Act authorizes the issue of 
 debentures for the purposes therein mentioned to an 
 nmount not exceeding dollars ; and whereas a by-law 
 
 authorizing the construction of water- works and gas-works 
 (or either) for the village of Parkdale, by the authority 
 of the said recited Act, has been duly passed in accordance 
 therewith, and the expenditure thereby authorized to be 
 incurred is the sum of 
 
 Be it therefore enacted by the municipal council of the 
 corporation of the village of Parkdale as follows : — 
 
 1. It shall be lawful for the corporation of the village of 
 , Parkdale to raise by way of loan from any person or body 
 
 - corporate who may be willing to advance the same, upon 
 the credit of the debentures hereinafter mentioned, a sum 
 of money, not exceeding in the whole the sum of 
 dollars, and to cause the same to be paid into the Bank of 
 at the city of Toronto, to be kept and applied in 
 the manner provided in section thirty-nine of the said , 
 Act. 
 
 2. The reeve may cause any number of debentures, whii'h ' 
 shall bfe marked and known as water-works debentures, to , 
 be made for such sums as may be required, but not for less 
 than one hundred dollars, or twenty pounds of sterling 
 money of Great Britain each, and such debentures shall be 
 made under the common seal of the said village, and signed 
 by the reeve and treasurer thereof. 
 
 3. The said debentures shall be made payable in 
 years at furthest, from the date of the respective issue 
 thereof, either in sterling money of Great Britain, or cur- 
 rency of this Province, or. Great Britain, or elsewhere, and 
 shall have attached to them coupons for the payment of 
 interest. 
 
 4. The said debentures shall bear interest after the rate 
 of per centum per annum from the date thereof, 
 and the interest shall be payable half-yearly, on the first 
 days of January and July in each and every year. 
 
 Passed in open council on the day in 
 
 the year of our Lord one thousand eight hundred and 
 eighty , and given under the corporate seal of the 
 
 said municipality. 
 
 Glerk. Reeve. 
 
 44 V. c. 44, Sched. ' [Seal] 
 
 I 
 
PARKDALE. 
 
 311 
 
 51 Viot. o. 54 (Ont.) 
 An Act resjjecting the City of Toronto. 
 
 [Assented to 2Srd March, 1888.] 
 
 4. The corporation of the town of Parkdule are liereby Power as to 
 authorized and empowered, for the purposes mentioned in j^"^ "^ ^®" 
 section 39 of the said Act [44 Victoria chapter 44], as by tended, 
 this Act amended to pass a oy-law or by-laws, and to issue 
 debentures at any one time, or from time to time to an 
 amount not in whole exceeding the sum of $50,000 in 
 addition to the sum of $100,000 in said section 39 men- 
 tioned, upon the terms and subject to all the provisions and 
 conditions in said section 39 mentioned, such by-laws to be 
 submitted to the electors as in said section mentioned. 51 
 
 V. c. 54, s. 4. 
 
 5. By-law number 432 of the corporation of the town By-law 432 
 of Paritdale for the issue of debentures to the amount of co°firn««»«J' 
 $20,000, for the purposes in the next preceding section 
 mentioned, is hereby confirmed. The .said sum ot $20,000 
 
 shall be deemed and taken to be part of the sum of $50,000 
 aforesaid. 51 V. c. 64, s. 5. 
 
 a ANNEXATION TO THE OITT. 
 52 Viot, o. 78 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 23rd March, 18S9.] 
 
 * " * * * * ♦ 
 
 12. — (1) From and after the passing of this Act, the town Town of 
 of Parkdale (d) shall be annexed to the city of Toronto Parkdale to 
 upon the terms set out in by-law No. 527 of the said town^[,^^,*" 
 of Parkdale, .save as herein oti.erwise provided, and shall, ward, 
 from and after the said date, cease to be a separate muni- 
 cipality and become a ward of the city of Toronto under 
 the name of St. Alban's ward, and shall be entitled to be • 
 
 represented in the council of the city of Toronto by three 
 aldermen, and on the public school board of said city by - 
 two school trustees. 
 
 (d) For boundaries of Parkdale. See pp. 30, Z2. 
 
312 PARKDALE. 
 
 (2) The nldermen for the ward uf St. Alban for 1889 
 shall be the mayor, the reeve and the first deputy-reeve 
 elected by and for the town of Parkdale lor the said year. 
 The two school trustees for the said ward shall be selected 
 by ballot by and from the present school tru.stees of the 
 town of Parkdale within one week after this Act takes 
 effect, the first trustee so selectc ^ to hold ofllice for the 
 year 1889, and the second trustee so selected to hold office 
 for the years 1889 and 1890; or in default thereof, the first 
 election of school trustees for the said ward of St. Alban 
 shall be held at such time and places, and by such return- 
 ing officers as the corporation of the city of Toronto may 
 by by-law appoint, and the persons entitled to vote at the 
 election of such school trustees shall be such persons as 
 would have been entitled to vote thereat had Parkdale con- 
 tinued to be a separate town, and had such elections been 
 held therein on said date. 
 
 (3) The rate of municipal taxation in the said ward of 
 St. Alban for the year 1889 shall be the same as in the ' 
 remainder of the city of Toronto for that year, and shall 
 
 ' be based upon the valuation of the property contained in 
 
 the then last revised assessment roll for the town of Park- , 
 dale. ' I 
 
 / (4) From the first dav of January, 1889, the corporation 
 / of the city of Toronto shall assume as part of the genenil 
 city debt such portions of all assessments thereafter 
 payable on account of the cost of local improvements or 
 works (including street extensions) theretofore constructed, 
 made or done in the town of Parkdale, or in course of 
 Construction on or since said date as w()uld, if said works 
 or improvements had been made or done on or since said 
 ; , date within and by the city of Toronto, have formed the 
 city's share of the cost of such works or improvements ; 
 and the council of the corporation of the city of Toronto 
 may from time to time pass by-laws to amend any exist- 
 ing local improvement by-law or debenture by-law of 
 the town of Parkdale, or any schedule thereto or assess- 
 ment thereunder, so far as may be necessary for the pur- 
 poses aforesaid, and for the issue of " general consolidated 
 loan and debentures" of the said city of 'i'oronto to raise 
 the money necessary for the purposes aforesaid. 
 
 (5) All property, both real and personal, of whatever 
 nature and kind and wheresoever situate, and all deeds, 
 ^ • „, books, papers, writings and other documents belonging to 
 
 or under the control of, or in the possession of the council 
 of the corporation of the town of Parkdale or of any 
 officer, servant or agent of the said corporation are hereby 
 declared to be, from the date of the passing of this Act, 
 the property of the corporation of the city of Toronto, 
 and shall be forthwith delivered to such persons and 
 
PAHKDALIS. 
 
 318 
 
 officials ns the council of the corporation of the city of 
 Toronto may appoint for that purpose. 
 
 (6) Save as herein otherwise provided, all existing 
 liabilities, lawful debts and obligations of the town of 
 Parkdale and also such portions of the liabilities, debts or 
 other obligations of the county of York, as the said town 
 of Parkdale would have to bear or sustain, if this Act had 
 not been passed, including the proportion now payable 
 under the special agreement between the corporation of 
 the county of York and the corporation of the city of 
 Toronto, providing for the administration of justice and 
 the maintenance of the Courts, are hereby declared from 
 the date of the passing of this Act to be the liabilities, 
 debts and obligations of the corporation of the city of 
 Toronto, including the said ward of St. Alban, and shall 
 be met, discharged, observed and kept by the corporation 
 of the city of Toronto, according to the nature thereof, as 
 if the same had been originally incurred or entered into 
 by the corporation of the city of Toronto. 
 
 (7) Save as herein otherwise provided, nothing in this 
 Act contained shall exempt any part of the land so added 
 to the city of Toronto aforesaid from any special ra\e or 
 assessment imposed thereon or on any part thereof by any 
 by-law heretofore passed by the council of the said town 
 of Parkdale. 
 
 (8) Save as herein otherwise provided, all existing 
 liabilities, debts and obligations of any person to the cor- 
 poration of the town of Parkdale shall enure to the bene- 
 fit of the corporation of the city of Toronto, and shall be 
 read and construed in c ery respect as if the said corpora- 
 tion had been originally a party thereto in lieu of the town 
 of Parkdale, and all sureties for the several officials of the 
 town of Parkdale shall be and remain liable as if they 
 had become sureties for such officials to the city of 
 Toronto In the first instance, and ail bonds and sureties 
 which shall have been given to the said town of Parkdale 
 at any time before this Act comes into force shall enure 
 to the benefit of the corporation of the city of Toronto, 
 and the said corporation shall have all the rights and 
 remedies thereto and thereunder, and shall be entitled to 
 recover thereon to the same extent and under the like cir- 
 cumstances as the said town of Parkdale could have don'j 
 had it remained a separate municipality. 
 
 (9) The last revised assessment rolls for the town of 
 Parkdale, at the tim.> this Act takes efiect, shall be for all 
 purposes the last revised assessment rolls for the ward of 
 St. Alban, until the final revision and correction of a new 
 assessment roll for the said ward ; and all persons who 
 would have been entitled to vote in the town of Parkdale 
 on by-laws requiring the assent of the electors shall be 
 entitled to vote on such by-laws in the city of Toronto. 
 
 40 
 
814 PARKDALK. 
 
 (10) The votes of the electorH of the ward of St. Allxin 
 entitled to vote as herein provided on the by-law for 
 $.177,587, which is to be voted on by the qiinlirietl rate- 
 payers of the city of Toronto on the })th day of April 
 (next), shall be taken at the town of Parkdalo, on the said 
 9th day of April, by hucIi person as the council of the 
 corporati jn of the city of Toronto may by a by-law appoint; 
 and the publication of the said by-law and the notice 
 thereto attached in the Toronto " Empire" shall be a suffi- 
 cient conrpliancu with the requirements of section 293 of 
 The Municipal Act 52 V. c. 73, s. 12. 
 
 Lioenaos iu 
 St. AlUn'i 
 ward. 
 
 16- In addition to the number of tavern licenses now 
 authorized in and for the city of Toronto, the license com- 
 missioners for the said city may for the year 1880-1890 
 grant licenses to as many taverns in that part of the said 
 city heretofore forming the town of Parkdale, as are at 
 present authorized in and for the said town of Parkdale. 
 62 V. c. 73, s. 16. 
 
 Certain acts ^ 19- No act, deed, resolution or by-law of the corporation 
 
 of oonnoil of the town of Parkdale, or of the council thereof, made, 
 
 Bot^'bindUig **°"® ^^ passed since the 7th day of March, 1889, whereby 
 
 nnleu ratified any new liability was imposed upon the said corporation,^ 
 
 bjjr council of or whereby any money of the said corporation became or 
 
 Toronto. ^^^ made payable to any person, shall have any force, 
 
 validity or effect after the passing of this Act, unless or 
 
 until it shall have been ratified by resolution of the council 
 
 of the corporation of the city of Toronto. ♦ » ♦ 
 
 52 V. c. 73, s. 19. Part. 
 
 ::\^' 
 
PAKK8, QARDCNa AMD DRIYKS. 
 
 81ft 
 
 PARKS. QARDBNS AND DRIYBS. 
 
 Paoi. 
 
 1. 0I1IIRAU.Y 315 
 
 2. Qcum'8 Park. 
 
 (») Lttue* and AgrftnttHts Mfith City 816 
 
 (b) Parliament BwUUngi 826 
 
 3. HORTICOLTURAL UARDRNS 831 
 
 4. RivRRDALB Park SSI 
 
 5. RosRPALK Drivr 335 
 
 6w Bown Property — Sm Bowia Proprrty. 
 
 7. Roads and Strkrts— <$ee Roadh and Struts. 
 
 8. Dbbrnturbh roR Improvino— 5m Dkbt and Dkbrntorks. 
 
 1. OENEBALLT. 
 R S. O. (1887) 0. 100. 
 
 An Act to provide for the Establishment and Main- 
 tenance of Public Parks in Cities and Towns. • 
 
 18. — (1) The board [of park management] shall have 
 power and authority to select and acquire by purchase or 
 otherwise or to lease the lands, rights and privileges need- 
 ful for park purposes. 
 
 (2) The lands purchased by the board together with 
 those assumed by them as and for park purposes at the 
 time of the adoption of this A.ct, shall not together exceed 
 in the case of cities having a population of one hundred 
 thousand inhabitants and over, 2,U00 acres, and in other 
 cities or in counties 1,000 acres, and in the case of towns, 
 villages or townships 500 acres ; but lands in excess of 
 these quantities may be taken by devise or gift R S. 0. 
 c. 190, s. 13 (1, 2) ; 64 V. c. 44, s. 7. 
 
S16 PARKS, QAUr KMB AND DRIVES. 
 
 S. QUBBM'B PARK. 
 
 (») L«MM and ▲crtemtnti with OUy. 
 
 82 Viot. 0. 110 (0 S. U. c 92.) 
 
 An Act to authorize the Senate of the University 
 of Toronto to appropriate certain Lands for 
 the puriM)8es of a Park, and to include the 
 same within the limits of the City of Toronto, 
 and to extend the Police Regulations of the said 
 City to the University Lands adjacent thereto. 
 
 [AsBented to 16th August, 1S58.] 
 
 Preamble. ' TTTHEREAS, the chancellor, vice-chancellor and mem- 
 Tf bers of the senate of the University of Toronto, 
 deem it expedient, with a view to the interests of the said 
 University, to set apart a certain portion of the lands now 
 vested iu Her Majesty uu behalf uf the said Uaiveraity, 
 for the purposes of a park; And whereas the mayor, 
 « aldermen, and commonalty of the city of Toronto, have 
 offered to put in order the said park, take charge thereof 
 and keep the same in or*^ 'n consideration that the same 
 may be appropriated as a j^ lie park, to which the public 
 generally snail have free access ; And whereas, it is for the 
 interests of the said University that such offer should be 
 accepted, and that such appropriation should be sanctioned 
 by legislative enactment; And whereas, it is expedient 
 that such park should form part of the said city of Toronto, 
 and that tne other lands vested in Her Majesty as afore- 
 said, adjacent to the city of Toronto, should be subject to 
 the police regulations of the said city ; 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Council and Assembly of Canada, 
 enacts as follows : — 
 
 University 1. The bursar of the University of Toronto, may demise 
 ™*y ***t* *" at a nominal rent, for a period of nine hundred and ninety- 
 oeediuffSo' ^^^^ years, to the (a) [mayor, aldermen and commonalty] of 
 acrea of land, the city of Toronto, (o) for the purposes of a park, as well 
 •^j**!®'***° ^ for the use of the professors, students, and other members 
 Pw-k. ^ **' * of the University, as of the public generally, and for no 
 other purpose whatsoever, so much of the land vefrted in 
 Her Majesty as aforesaid, situate within or adjocenc to the 
 limits of the said city, as the said chancellor, vice-chan- 
 cellor,* and members of the senate of the said University 
 way, by by-law approved of by the Governor-in-Oouncil, 
 
 (o) C. S. U. C. 0. 62, & 66, reads " corporation." 
 
 (6) In C. S. U. C. c. 62, s. 66, the words " in trust " are inserted. 
 
PARKS, QARDKNB AMD DRIVB8. 
 
 sot apart for such purposes, not exceeding in the whole 
 flfty acres, in trust for the said purposes (c) and upon such 
 terms and conditions as (</) may have l>een heretofore, or 
 may hereafter be agree<l upon between thoni. 22 V. c. 1 10, 
 8. 1. C. S. U. C. c. 02, H. GO. 
 
 2- So long as the said lease shall remain in force, the 
 land so demised, shall be deemed to be, and shall be taken 
 to form a uart of the said city of Toronto ; and the residue 
 of the lanas so vested in Her Majesty as aforesaid, adja- 
 cent to the said park, shall be subject to all the police 
 regulations of the said citv of Toronto, and to all by- 
 laws of the said city in tnat behalf. 22 V. c. 110, s. 2; 
 C. S. U. C. c. 62. 8. 67 ; 50 V. c. 44, s. 27 j R. S. 0. (1887) 
 c. 231, «. 27. 
 
 tl7 
 
 LandioUMtd 
 to bfljpftrtof 
 th« oity, Aud 
 reaidae ot tba 
 Uni varsity 
 Unda adja- 
 oent to ba 
 subjaot to ita 
 polioa rega- 
 lationa and 
 by-lawa. 
 
 \s 
 
 ^ . 
 
 R. S. O. (1887) o. 281. 
 
 An Act respecting the Income and Property of the 
 University of Toronto, University College and 
 Upper Canada College. 
 
 27- Whereas the bursar of the University of Toronto Lease to city 
 was by section 66 of chapter 62 of the Consoliilated Stat- j'^J"™"*** "' 
 utes for Upper Canada authorized to demise at a nominal ^'i,/"^ * 
 rent, for a period of nine hundred and ninety-nine y?ars, 
 to the corporation of the city of Toronto, in trust for the 
 purposes of a park, as well for the use of the profes.sors, 
 students and other members of the University, as of the 
 public generally, and for no other purpose whatsoever, so 
 much of the land vested in Her Majesty as aforesaid, situ- 
 ate within or adjacent to the limits of the said city, as the 
 said chancellor, vice-chancellor and members of the senate 
 of the said University might, by by-law approved of by 
 the Governor-in-Council, set f part for such purposes, not 
 exceeding in the whole tifty acres, and upon such terms 
 and conditions as had been or might after the said Act 
 took eflfect, be agreed upon between the said University 
 
 (c) C. S. U. C. c. 62, B. 66, omits the words "ia trust for the said 
 purposes." 
 
 ((/) C. S. U. C. c. 62, a. 66, reads " have been or may after this Act 
 takes effect be agreed upon between the said University and the council 
 of the said corporation. 
 
318 
 
 PABKS, GARDENS AND DRIVER. 
 
 Lanibio 
 leaaed, to be 
 part of the 
 city, and resi- 
 due of the 
 Univeraity 
 landH adja- 
 cent to be 
 subject to its 
 police regula- 
 tions ana 
 by-laws. 
 
 and the conncil of the said corporation ; and, whereas in 
 pursuance of such powers, the said bui-sar made such lease 
 as aforesaid : — Therefore it is enacted that, so long as the 
 said lease remains in force, the land so demised, shall be 
 deemed to be and shall be taken to form a part of the said 
 city of Toronto ; (e) and the residue of the lands so vested in 
 Her Majesty as aforesaid, adjacent to the said park, shall 
 be subject to nil the police regulations of the said city of 
 Toronto, and to all by-laws of the said city in that behalf. 
 50 V. c. 44, 8. 27. 
 
 / 
 
 Preamble. 
 
 V 52 Viot. o. 58 (Ont.) 
 
 An Act validating a certain Agreement between the 
 University of Toronto and the Corporation of 
 the City of Toronto. 
 
 '' ' ^ *" [Assented to 23rd March, IS89.] 1 
 
 WHEREAS certain matters in dispute arising out of 
 the lease dated first January, 1859, between David 
 Buchan, the then bursar of the University and Colleges of 
 Toronto, and the coi'poration of the city of Toronto, have 
 been atTanged upon the terms and in the manner fully set 
 out in the agreement hereinafter mentioned ; 
 
 Therefore Her Majesly, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of 
 Ontario, enacts as follows ; — 
 
 1. Subject to the other provisions of this Act, the agree- 
 ment dated the second day of March, A.D. 1889, purport- 
 ing to be made between Her Majesty the Queen, repre- 
 sented for the purposes of the said agreement by John 
 Edward Berkeley Smith, the bursar of the University and 
 Colleges at Toronto, in his official character as such, of the 
 first part, and the corporation of the city of Toronto, of 
 the second part, and set forth in the schedule hei^to, is 
 hereby confirmed ; and the corporation of the city of 
 Toronto is declared to have, and to have had, all the pow- 
 ers necessary to enable it to make the said agreement and 
 to carry out the provisions thereof. 52 V. c. 53, s. 1. 
 
 2- Notwithstanding the dedication of the avenues in 
 uc» by* owners *^® ^'^ agreement refeiTed to, the owners of property 
 of adjacent adjacent to the said avenues are not by reason of the said 
 
 property not dedication or of this Act to acquire any riaht of ingress or 
 affected. 2 ° ^ 
 
 (e) See 9 V. c. 70, s. 1, p. 15. See also 22 V. c. 110, s. 2, p. 317. 
 
 Agreement 
 oonBrmed. 
 
 Right of ac 
 cess to aven- 
 
PARKS, GARDENS AND DRIVES. 319 
 
 egress to or from the sai<l afVenues from and to their said 
 adjacent properties other than such adjacent property 
 owners may have possessed befitre the said agreement was 
 made or this Act passed. 52 V. c. 53, s. 2. 
 
 3- A right of action for the recover}' of such sum a.s Action to lie 
 
 may be awarded under the provisions of the said njjree- '*"" *'?*'?°* 
 "' , » . V • 1 i . .1 I. . I ° . awarded for 
 
 ment for the right or privilege of ingress and egress to^igm^fj^^^g, 
 
 and from the said avenues from and to the propert\' adja- to avenues. 
 
 cent or adjoining thereto may be maintained on behalf of 
 
 Her Majesty, upon the information of the proper officer in ! 
 
 that behalf representing Her against the owners for the v 
 
 time being of all such adjacent properties who have not 
 
 ahvady acquired, or do not hereafter acquire, by grant 
 
 or license from Her Majesty the right or privilege of ingress 
 
 and egress aforesaid to and from their said properties, 
 
 and who, nevertheless, after notice forbidding the exercise 
 
 of such righ*- or privilege of ingress and egress, continue to x,, 
 
 use and enjoy the same ; and the right of action hereby 
 
 given is in addition to, and not in substitution for, all or 
 
 any other remedies whereby the owners of such adjacent 
 
 pri>perties who have not acijuired such right of ingress 
 
 and egress may be prevented from using or enjoying the 
 
 same. 52 V. c. 53, s. 3. 
 
 4. Every provision in this Act contained, and all mat- Provisions of 
 tei's, terms, and stipulations of or in the said agreement *^^*' ''•A 
 set forth, are subject to all the provisions contained in the 
 
 Act passed in the forty-third year of Her Majest;''s reign, 
 chaptered 2, and intituled "An Act to i^rovide for the 
 erection of new buildings for the accominodtition of the 
 Provincial Legislature and the Public Departments" (f) 
 and al I the provisions of said last mentioned Act as amended 
 by subsequent Acts are to all intents, and foi* all purposes, 
 to be taken and considered as being and conynuing in full 
 force and effect, notwithstanding anything contained in 
 this Act or in the said agreement. . 52 V. c. 53, s. 4. 
 
 5. Upon the Toronto Athletic Club (Limited) acquiiing 
 by payment to Her Majesty or her successors for the pur- 
 poses of the University of Toronto, of such sum as may 
 be agreed upon by and between the said club and the 
 bursar of the University and Colleges aforesaid, under the 
 provisions of paragraph two in the said agreement referred 
 to, for the right of ingress and egress to and from the 
 said avenues and appi'oaches in said agreement referred to, 
 from and to the lands and premises of the said Toronto 
 Athletic Club (Limited), which are more fully set forth and 
 described in a certain conveyance of the same from the 
 Honourable John Beverley Robinson to the said club, beai*- 
 i»g date on or about the 1st July, 1891, and registered in 
 
 (f) See page 326. 
 
StO PARKS, GAKDENS AMD DRIVEa 
 
 the registry office for the eastern division of the said city 
 of Toronto, as number 29228, the said the Toronto Athletic 
 Club (Limited), their successors and assigns, shall have the 
 right to use the avenues and approaches aforesaid as public 
 highways for all purposes of ingress and egress to and 
 from the said lands and premises, freed and discharged 
 from the conditions set forth in paragraph two of the said 
 agreement." 56 V. c. 85, s. 10. 
 
 SCHEDULE. 
 
 This iNDENtURE made in duplicate the second day of 
 March, A.D. 1889, between Her Majesty th« Queen, 
 represented for the purposes of this agreement by 
 John Edward Berkeley Smith, ohe bursar of the Uni- 
 versity and Colleges at Toronto, (in his official char- 
 acter as such) of the first part, and the corporation 
 * of the city of Toronto, of the second pai-t. y 
 
 Whereas, by an Indenture of lease dated on or about the 
 Ist day of January, A.D., 1859, and made between David 
 Buchan, of the city of Toronto, Esquire, the then bursar 
 of the University and Colleges, at Toronto, of the first 
 part, and the corporation of the city of Toronto, of the 
 second part, certain lands situate in the said city of Tor- 
 onto, therein particularly described and since known as the 
 " Queen's Park " with the avenues forming the iftain ap- 
 proaches thereto, were in pursuance of the powers and 
 authorities therein fully recited, demised to the said city 
 of Toronto for the term of nine hundred and ninety-nine 
 years from the said date, at the yearly rent of five shillings 
 of lawful money of Canada, payable on the first day of 
 January in ^ach and every year, if demanded, subject to 
 the covenants and conditions therein contained. 
 
 And Whereas by an Indenture of agreement dated on 
 or about the 2nd day of May, A.D. 1877, made between 
 the said David Buchan, the then bursar of the University 
 and Colleges at Toronto, of the first part, and the corpora- 
 tion of the city of Toronto, of the second part, it was 
 agreed that the location of a certain road on the west side 
 of a proposed botanic garden should be changed, as in the 
 said agreement set forth. 
 
 And Whereas, by an Indenture of agreement dated on 
 or about the 19th day of July, A.D. 1883, between Her 
 Majesty the Queen represented for the purposes thereof bv 
 John Edward Berkeley Smith, the then and present bursar 
 of the University and Colleges at Toronto, of the first piirt, 
 and the corporation of the city of Toronto, of the second 
 part, it was amongst other things agreed that the avenue 
 
PARKS, GARDENS AND DRIVES. 
 
 known and described in the said recited lease as the Cross 
 avenue from Yonge street, should be made available for 
 street railway purposes on the terms and subject to the 
 performance of the conditions therein set forth. 
 
 And Whereas, on or about the 18th day of February, 
 A.D. 1886, an action was commenced in the Queen's Bench 
 Division of the High Court of Justice by Her Majesty's 
 Attorney- General for the Province of Ontario, on the rela- 
 tion of the said John Edward Berkeley Smith, bursar of 
 the University and colleges aforesaid, informal. t, against 
 the corporation of the city of Toronto, to have the herein- 
 before recited lease, as varied by the hereinbefore recited 
 agreements, forfeited and avoided, and to have the same 
 delivered up to be cancelled, on the ground that the snid 
 city had not complied with the covenants and conditions 
 therein contained. 
 
 And Whereas such proceedings were had and taken in 
 the said action that on or about the 31st day of January, 
 A.D. 18S8, judgment was pronounced by the said court 
 in the said action whereby the said lease, varied as afore- 
 said, was declared to be forfeited and. avoided, and was 
 ordered to be delivered up to be cancelled, and the said 
 corporation was ordered to pay the costs of the said action. 
 
 And Whereas the coi-poration of the city of Toronto 
 subsequently made a certain application to the Court to set 
 aside and vacate the said judgment and to be allowed to 
 file a defence to the said action, and pending the determi- 
 nation of the said application, negotiations have taken 
 place between the parties hereto, which have resulted in 
 the agreement hereinafter set forth. 
 
 Now, therefore, this Indenture witnesseth that the par- 
 tii^s hereto, for and in consideration of the matters herein 
 set forth, agree that the judgment aforesaid, obtained on 
 or about the 31st day of January, A.D. 1888, in the action 
 and information hereinbefore refeired to, shall be vacated 
 by the said High Court of Justice, and the said action in 
 which the said judgment was obtained, shall be dismissed 
 by the informant therein, the said corporation of the city 
 of Toronto paying the costs of the said informant incurred 
 in the said action upon taxation thereof: and the isaid par- 
 ties do hereby mutually acquit, release and discharge each 
 other of and from all claims and demands, actions, and 
 causes of action in respect of any breach of any covenant, 
 proviso or condition in the said recited lease of the 1st day 
 of January, A.D. 1859, an^ in respect of the said agree- 
 ments modifying the same, and in respect of the property 
 in and by the said lease demised, and all breaches of the 
 said lease and agreement heretofore committed by the said 
 corporation are hereby waived by Her Majesty. 
 41 
 
 321 
 
322 
 
 PARKS, GARDENS AND DRIVEa 
 
 And this agreement further witne&seth : 
 
 1. That Her Majesty, represented as aforesaid, in consid- 
 eration of the covenants and agreements by the parties of 
 the second part hereinafter contained, doth hereby consent 
 to and confirm nil existing street openings into the said 
 Queen's Park and avenues, as shewn on the plan hereto 
 annexed, said openings being as follows : 
 
 The North avenue leading from Bloor street to the 
 Park; University street throughout its entire length; 
 Avenue street throughout its entire length ; Terauiay 
 street, full width of street ; Mission street, full width of 
 street; Elizabeth street, full width of street; McCaul 
 street, full width of street; Henry street, full width of 
 street ; Caer Howell street, full width of street ; Grosvenor 
 street, full width of street ; St. Alban's street, full width 
 of street; St. Joseph stree>t, full width of street; Czar 
 street, full width of street ; Anderson street, footpath, six 
 feet wide ; Orde street, footpath, six feet wide ; Queen's 
 Park drive, footpath, six feet wide in the direction to be 
 hereafter determined by the board of trustees of the Uni- 
 1 versity. 
 
 / And all such existing street openings shall from and after 
 
 / this agreement be confirmed and established, as if in pur- 
 
 / ' suance of the said lease of January 1st, 1859, the same had 
 been agreed upon between the senate of the said Univer- 
 sity and the said corporation. 
 
 ' '2. That the Cross avenue from Yonge street, herein- 
 before and in the recited lease and agreement referred to, 
 and the avenue from Queen street, and the other ap- 
 proaches to the said park are (subject to the conditions 
 hereinafter set forth) to be, and are hereby dedicated by 
 Her Majesty to the public, and all restrictions as to traffic 
 thereon (excepting in so far as the city may choose to re- 
 strain and regulate the same) are hereby removed, but this 
 dedication of the said avenues and approaches for the pur- 
 poses of traffic, as aforesaid, is not to affect the right of 
 Her Majesty, represented as aforesaid, to prevent the 
 owners of properties adjacent to the said avenues and 
 approaches, who had not, at the date of this agreement, 
 the right of ingress and egress to and from their said pro- 
 perties, from and to the said avenues and approaches, or 
 any of them, or any othei* person or persons who had not 
 at the said date such right of ingress and egress as afore- 
 said, from exercising such right, unless and until the same 
 shall have been acquired by payment to Her Majesty or 
 Her successors, for the purposes of the Univeraity of 
 Toronto, of such sum as ma/ be agreed upon by and be- 
 tween such persons and the bursar of the University and 
 Colleges aforesaid ; and the said bursar for and on behalf 
 of Her Majesty, shall grant such right to any owner of 
 
PARK."!. GARDENS AND DRIVES. 
 
 323 
 
 same 
 jsty or 
 ity of 
 nd be- 
 ly and 
 behalf 
 ner of 
 
 property adjacent to the sui*! avenues and approaches, who 
 has not heretofore been entitled to the same, at such price 
 as may be agreed upon by ami between such bursar and 
 r^uch adjacent property owner, and in the event of the said 
 bursar being unable to agree with any such adjacent pro- 
 perty owners as to the amount to be paid by any of the 
 said property owners for such right or privilege, the amount 
 so to be paid is to be settled by arbitration in manner then 
 provided for as to arbitrations under the Municipal Acts 
 of this province then in force, (g) 
 
 Provided alw^ays that such right is to be acquired only 
 upon conilition that no such adjacent property owner shall 
 erect or maintain upon his said property fronting on said 
 avenues or approaches aforesaid, any building to be used 
 as a shop, warehouse, factory, hotel, saloon, house of pub- 
 lic entertainment, lodging or boarding house, billiard or 
 pool room, bowling alley, or for any purpose that would in 
 law be deemed a nuisance. 
 
 And in the event of any such adjacent property owner 
 declining to pay for such right of access as aforesaid, the 
 right of Her Majesty under the said lease of 1st January, 
 A. D. 1859, to have fences maintained separating the said 
 avenues and approaches from the said properties is to be 
 unaffected by this agreement, and is to be in the same 
 position as if the hereinbefore recited lease were not varied 
 by this agreement ; except that Her Majesty will not call 
 upon or require the said corporation to erect or maintain 
 any such fence, but will at the cost, charge and expense of 
 the said University of Toronto, cause the same to be 
 erected and maintained ; and Her Majesty is to have all 
 the rights of the said corporation as to the erection and 
 maintenance of such fences as the said rights existed 
 under the said lease of the 1st of January, A.D. 1859. 
 
 3. And whenever and so soon as any property in and 
 about the said Queen's Park, or upon any of the avenues 
 or approaches thereto, now vested in the Crown in trust 
 for the University of Toronto, is leased, sold or otherwise 
 disposed of, the estate or interest therein of the lessee or 
 ])urchaser or occupant thereof, shall become liable to assess- 
 ment for local improvement, in like manner and to the 
 same extent as any other assessable real estate ; but this 
 provision is not to make the estate of the Crown in such 
 lands liable in any way to assessment, and until so leased, 
 sold, or otherwise disposed of, the interest of the Crown 
 therein shall not be (as hitherto it has not been) taxable 
 for such improvements. 
 
 4. And Her Majesty, i-epresented as aforesaid, dedicates 
 to the city for all time to come, the following lands : — All 
 and siagular that certain parcel or tract of land and pre- 
 
 (S/) As to Toronto Athletic Club see 52 V. c. 53, ? o (Opt), p. 319. 
 
 /jV. 
 
 i' 
 
 
 ill 
 
SM PARKS, QAROENS AND DRIVES. 
 
 mises, being a strip of land sixty-six feet in width, com- 
 posed of part of park lot number thirteen, in the city of 
 Toronto, described as follows : commencin^^ at a point on 
 the division line between park lots Nos. 13 and 14, where 
 it is intersected by a line drawn on a course of north 
 seventy-four degrees cast through a point on the east limit 
 of St. George street, distant 27U feet measured southerly 
 thereon from the southerly limit of the Queen's Park drive^ 
 as described in by-law No. 1924 of the city of Toronto, 
 said last mentioned point being also distant 754 feet 6 
 inches measured northerly along said limit from the 
 intersection of the production easterly of the north limit 
 of Wi I Icock street ; thence from the point of comment. e- 
 ment, north seventy-four degrees east to the intersection 
 of the westerly limit of the westerly drive in the Queen's 
 Park ; thence southerly along said limit to the intersection 
 of a line drawn parallel with the firstly described course 
 and distant sixty-six feet measured southerly therefrom^ 
 and at right angles thereto ; thence south seventy-four 
 degrees west along said line to the intersection of the 
 division line between park lots Nos. 13 and 14; thence 
 north sixteen degrees west along snid division line sixtjj- 
 six feet to the phice of beginning, together with the trian- 
 gular block of land marked A and B on plan attached 
 .. /; hereto, required for the rounding otf of the curves at the 
 
 easterly termination of the above described strip for a 
 public street or drive, said lands being shown on the plan 
 hereto annexed. 
 
 5. That the said hereinberore recited lease of the 1st- 
 day of January, A.D, 1859, as modified by the herein- 
 betbre recited agreements, and by this agreement, shall be 
 and remain in full force and effect according to the terms, 
 provisoes and conditions thereof. 
 
 6. And this agreement further witnesseth that in con- 
 sideratior) of the matters herein set forth, the said parties 
 of the second part do hereby covenant, promise and agree 
 with Her Majesty and Her successors, represented as afore- 
 said, that they will, upon the opening of the said public 
 street or drive hereinbefore particularly described and 
 shewn on the plan hereto annexed, erect an iron fence at a 
 cost not to exceed the sum of SGoO, along the south side of 
 the said public street or drive, such fence to be of a similar 
 character to the fence now surrounding the Queen's Park. 
 
 7. And this agreement further witnesseth that in con- 
 sideration of the matters herein set forth, the s&id parties 
 of the second part do hereby covenant, promise and agree 
 with Her Majesty (represented as aforesaid) and Her 
 successors, to endow and maintain during the residue of 
 the term of the hereinbefore recited lease of the first day 
 of January, A. D. 1859, two chairs in the University of 
 
 ' Toronto, at an annual cost of $3,000 for each chair, and 
 
PAKKS, GARDiSNS AND DRIVES. 
 
 that they will pay the said two sums of $:),()00 each in four 
 quarterly payments in each year to tiie bursar of the 
 University and Colleges, or to such other oflScer as may be 
 entitled to receive the same on behalf of the said Univer- 
 sity, the first quarterly payment or sum of $1,500 to be 
 paid on the first day of July, A. D. 1889. 
 
 8. And it is hereby provided that so long as Her Majesty 
 und Her successors, acting by and through the executive 
 council of the Province of Ontario, expends $0,000 per 
 annum (in addition to the sum now annually expended 
 therefor) in salaries of professors, demonstrators and other 
 instructors for the teaching in the School of Practical 
 Science at Toronto, of full courses in applied mechanics 
 and applied chemistry, the two chairs to be so endowed 
 4ind maintained by the parties ot the second part in the 
 University of Toronto shall be : 
 
 (1) A chair of English literature and language, and 
 
 (2) A chair of mineralogy and geology. 
 
 Or such other chairs in lien thereof as the city council 
 and the senate of the said University may from time to 
 time agree upon. 
 
 And should Her Majesty, acting as aforesaid by and 
 through the Executive Council for the Province of Ontario, 
 at any time after the expiration of two years from the 
 date of this agreement, fail to expend the said sum of 
 $6,000 per year as aforesaid (in addition to the sum here- 
 tofore annually expended in the manner aforesaid) the 
 right of the parties of the second part to re-select the two 
 chairs in the University of Toronto, which they are (under 
 the provisions of this agreement) to endow and maintain, 
 shall revive as it existed at the date of the memorandum of 
 agreement made between Her Majesty the Queen (as trus- 
 tee lor the University of Toronto and University College) 
 and the corporation of the citj' of Toronto, dated Novem- 
 ber 27th, 1888 ; and the said chairs hereby agreed to be 
 endowed and maintained shall, in the event of the right of 
 re-selection arising as aforesaid, be in addition to or instead 
 of any chairs at present or at the time of such re-selec- 
 tion existing in the said University. 
 
 9. And this agreement further witneasath, and it is 
 hereby mutually agreed by and between the parties hereto, 
 
 (1) That if at any time hereafter any dispute should 
 arise as to any matters arising out of the said lease or the 
 agreements varying the same, including this agreement, 
 the same shall be settled byarbitration in the manner then 
 provided for as to arbitrations under the Municipal Acts of 
 this Province then in force. 
 
 (2) That in the event of the said University at any time 
 hereafter assuming possession of the piece of land in and 
 
 9U. 
 
886 
 
 PABKS, GAUD£NS AND DRIVES. 
 
 by the said hereinbefore recited le^e reRi^rved for a 
 botanic garden, the said garden shall ut all times be free 
 and open to the public. 
 
 (3) That the parties of the second part are to have full 
 power to restrain and legulate traffic in the said Queen's 
 Park and avenues and approaches aforesaid. 
 
 In witness whereof the said parties hereto have here- 
 unto set their hands and seals as follows, that is to say : — 
 The said John Edward Berkeley Smith, bursar as afore- 
 said, has hereunto set his hand and affixed the seal of his 
 office, and the said city of Toronto has affixed the corpor- 
 ate seal of the said corporation and the hand of the mayor 
 thereof, the day and year first above written. 
 
 Signed, sealed, and delivered 
 m the presence of 
 
 (Sd.) F. A. Moure, 
 As to J. E. Berkeley Smith. 
 
 (Sd.y Chas. Pendrich, 
 
 As to E. F. Clarke, and 
 ,. R. T. Coady. 
 
 (Sd.) J.E.Berkeley Smith, 
 Bursar. 
 
 of 
 bronto.} 
 
 [Seal of University of 
 Ti 
 
 (Sd.) E. F. Clahke. , 
 
 Mayoi: i 
 
 (Sd.) R. T. Coady, 
 
 Treasurer. 
 
 [Seal of city of Toronto.] 
 . 52 V. c. 53, Sched. 
 
 Appropria- 
 tion for 
 buildings. 
 
 (b) Parliament Buildings. 
 
 ; V 43 Viot. c. 2 (Ont.) V : 
 
 An Aot to provide for the erection of New Build- 
 ings for the accommodation of the Provin- 
 - cial Legislature and the Public Departments. 
 
 - [Assented to 5th March, 1880.] 
 
 '■''''* * * * * * 
 
 1. A sum not exceeding five hundred thousand dol- 
 lars is hereby appropriated and set apart from and out of 
 the surplus moneys fornnng part of the consolidated 
 revenue fund of this Province, for the purpose of eject- 
 ing new buildings with requisite appurtenances for the 
 accommodation of the Legislature and the several depart- 
 ments of the public service, on such portion of the ground 
 in the said city forming part of the Queen's Park and 
 
PARKS, QABDKMS AND DKIVU. 
 
 lyinff to fche north of the College avenue, as may be found 
 requisite and suitable for said new buildings, and such por- 
 tion of the said ground as shall by the Lieutenant-Qovemor 
 in Council be deemed requisite for the pui'poses aforesaid 
 shall be set off and ascertained by the commissioner of 
 public works for Ontario, and the same shall thereupon 
 become and be vested in the Crown, for the public uses of 
 the Province, freed and discharged from any and all trusts 
 or charges whatsoever {h). 4>3 V. c. 2, s. 1. 
 
 •.'.7.^j,l 
 
 6< The agreement in the 8chedule to this Act set forth Agnement 
 is hereby Tegulized and confirmed and declared to be*"^***^* 
 valid and binding upon and against the corporation of**"* "° 
 the city of Toronto and the inhabitants of the said city. 
 43 V. c. 2, 8. 6. 
 
 SCHEDULE. 
 
 {Section 6.) 
 
 This agreement made between the corporation of the 
 city of Toronto of the first part. 
 
 Her Majesty the Queen of the second part. 
 
 The Honourable Christopher Finlay Eraser, commiasioner 
 of public works of the Province of Ontario, of the third 
 part, this eighteenth day of February, A. D. 1880. 
 
 Whereas the bursar of the University and Colleges of 
 Toronto heretofore leased at a nominal rent, to the said 
 corporation of the city of Toronto, to be used as a public 
 park, that certiiin portion of the University property at 
 the head of the College avenue in the said city, known as 
 the Queen's Park ; 
 
 And whereas the Government of Ontario having had 
 under consideration the question of providing further ac- 
 <:onnnodation for the meetings of the Legislature, and for 
 the use of the departments of the Qovernment, the council 
 
 (/() lu 1853 by 16 Vict c 161, the Legislature appropriated £50,000 
 <in addition to a sum of £10,000 already appropriated for a new govern- 
 ment house) "for the purpose of erecting a government house, a parlia- 
 ment house and buildings for the accommodation of the several public 
 departments, with the requisite appurtenances on such portion of the 
 .ground of the said city of Toroutu, forming part of the Univeraity 
 Endowment, and lying at the head of the College avenue, and not 
 required fur collegiate purposes, as may be found requisite for such 
 buildingii and the proper appurtenances thereto ; and that such portion 
 of the said ground as shall by the Uovernor-iu-Council be deemed re< 
 quisite for the purposes aforesaid, shall be let off by the commissioners of 
 public works, and shall be vested in the Crown for the public uses of 
 the Province." Sec. 1. 
 
") 'Jliplp>' 
 
 PABK8, OARDBMS AND DRIVES. 
 
 of the said corporation, with a view of facilitating n decis- 
 ion of the qnestion, did pass a resolution intimating its 
 consent to the occupation oy the Qovernment of so much 
 of the Queen's Park ns might be required for the aforo« 
 said purpose ; 
 
 And whereas it is desirable in a moi-e formal and full 
 manner to signify such consent, therefore it is by these 
 presents witnessed that the said corporation do hereby 
 agree with the said commissioner of public works to re- 
 lease, and do hereby release to Her Majestv all the in- 
 terest of the said corporation in that portion of the Queen's 
 Park which may be selected by the Government of On> 
 tario as a site for the erection of new legislative and 
 departmental buildings. 
 
 And the said corporation do hereby agree to consent 
 and do hereby consent to such measures or Acts being 
 passed by the Legislature of Ontario as by the Attorney- 
 General of Ontario may be deemed necessary or expe- 
 dient to be passed in order to vest in Her Majesty, freed 
 and discharged from any trust or charge wnat'^ver in 
 favour of the said corporation or of the citi'isens of 
 Toronto, or any other person or body, that portion of the 
 said park which may oe selected by the Government of 
 Ontario as a site for the said proposed buildings. 
 
 And the said corporation do hereby further agree to ex- 
 ecute such instruments, and do all other Acts and things^ 
 which may bv counsel be advised as requisite for the 
 more effectually releasing the interest of the city in the 
 said lands, and of otherwise fully carrying out the objects 
 of these presents. 
 
 In witness whereof the corporate seal of the said cor- 
 poration of the city of Toronto, and the signature of the 
 mayor have been hereto affixed. 
 
 ■j Seal. V 
 
 James Beaty, Junr, 
 Mayor. 
 
 Saml. B. Harman, ' 
 
 Treasurer, and Keeper of City Seal. 
 
 43 V. c. 2, Sched. 
 
PARKS, QARDENH AND DRIVEa 329 
 
 57 Viot 0. 12 (Ont.) 
 
 An Act reHiH3ctin{ij the site of tlio now Legislative 
 and Deimrtnicntal Buildings. 
 
 [AsHented to oth May, 1894] 
 
 WHEREAS the Act passed in the forty-thinl year of «'re»mbto. 
 the reign of Hei- Majesty, chaptered 2, and intituled 
 An Act to proiride foi' the erection of new Buildings for 
 tJie accommodation of the Provincial Legislature awl the 
 Public Departments authorized the erection of new build- 
 ings with requisite appurtenances for the accommoilation 
 of the Legislature and the several departments of the 
 public service on such portion of the ground in the city of 
 Toronto forming part of the (Queen's Park and lying to the 
 north of the College avenue as might be found requisite ' \^ 
 and suitable for said new buildings ; and the said Act also 
 enacted and provided that such portion of the said ground 
 as should by the Lieutenant-Governor in Council be 
 deemed requisite for the purposes aforesaid, should be set 
 off and ascertained by the commissioner of public works 
 for Ontario, and the same should thereupon become and 
 be vested in the Crown for the public uses of the Province, 
 freed and discharged from any and ;<11 trusts whatsoever ; 
 and whereas the said buildings are now completed ; and 
 whereas by Order in Council, approved the fifteenth day 
 of March, 1894, so much of the said ground forming part 
 of the said Queen's Park as is in the first section of this 
 Act set forth and particularly dojcribed by metes and 
 bounds, has, by the Lieutenant-Governor in Council, under 
 and pursuant to the said Act, and the agreement set forth 
 in the schedule thereto, been deemed and determined and 
 been selected, designated and declared to be requisite and 
 suitable for the purposes aforesaid and for the necessary, 
 convenient and proper site of the said buildings, and the 
 same has been set otf and ascertained by the commissioner 
 of public works for Ontario ; and whereas it is expedient 
 to declare and enact that the said site of the said build- 
 ings has become and is now absolutely vested in the Crown 
 for the public uses of .the Province, freed and discharged 
 from any and all trusts whatsoever ; 
 
 Therefore Her Majesty, by and with the advice and 
 consent of the Legislative Assembly of the Province of 
 Ontario, enacts as follows : — 
 
 1. So much of the ground forming part of the said site of Pro- 
 Queen's Park in tho city of Toronto as is butted and ^^'jn^'^^^^ilt''- 
 bounded or may be otherwise known and described as'"ou^a^j^. 
 follows, that is to say : — Commencing at a point sixty-six cent vested in 
 feet westerly from the stone monument planted at the **•« ^'">^^- 
 north-west angle of lot number thirty-three as shown on 
 42 
 
880 PAItKS, OARDENH AND DUIVE8. 
 
 the planM of the Hub-diviHiun of paik lotn iiunibent eleven, 
 twelve and tliirteen in the city* of Toronto, the prop«>rty 
 of the University of Toronto, and regiHtei-ed in tne re^s- 
 try office of the city of Toronto oh plana No. D 18 and 
 No. D 17H, the aforenaid Nixty-six feet to he measured at 
 right angles to the weMterlv limit of Haid lot number 
 thirty-throe ; thence Houth mxteon degrees eaxt magnetic 
 (originnl patent l>earing) parHllel to the wcHtorly limit of 
 lots thirty-three, thirty-two, thirty-one, thirty, twenty- 
 nine and twentv-eight, as shown on the aforesaid plan 
 No. D 18, six hundred and forty-eight feet Hnd eight 
 inches ; thence south seventy-four degrees and twenty- 
 
 , eight minutes west parallel to the southerly limit of the 
 
 said lot number twenty-eight six hundred and twelve 
 feet and five inches to the easterly side of that certain 
 drive or roadway lying and situate on the westerly side of 
 said Queen's Park, and sometimes called the west or city 
 drive ; thence northerly along the east side of the said 
 west or city drive and following its curves and bends as 
 ' follows: north two degrees and twenty-eight minutes east 
 sixty feet, north five degrees and twenty-six minutes west 
 seventy eight feet, north thirty-eight degrees and four 
 minutes west one hundred and eighteen feet, north thirty- 
 six degrees and eleven minutes west sixty feet and one 
 inch, north thirty degrees and forty-eight minutes west 
 one hundred and seventy-nine feet and nine inches, 
 north ten degrees and eight minutes west forty-seven feet 
 and one inch, north twenty degi'ees and eighteen minutes 
 east forty-four feet and one inch, north forty-one degiees 
 and twenty-four minutes east thirty-seven feet and five 
 inches, north forty-four degrees and five minutes east fifty 
 feet and six inches, and north twenty-six degrees and 
 ninetee^i minutes east fifty-eight feet three inches, 
 more or less, to the intersection of the east side of the 
 said west or city drive with a line drawn westerly from 
 the place of beginning at ri^'ht angles from the westerly 
 limit of the aforesaid lot number thirtj'-three, and thence 
 north seventy-four 'degrees east five hundred and forty- 
 five feet, more or less, to the place of beginning, contain- 
 ing by admeasurement nine acres and thirty-six one- 
 hundredths of an acre, is hereby declared and determined 
 to be requisite and suitable for the purposes mentioned in 
 ' the preamble to this Act, and is hereby selected, desig- 
 nated and declared to be a nece.ssary, convenient nnd 
 proper site for the said new buildings, and the said ground 
 
 ' , and site are hereby absolutely vested in the Crown for the 
 public uses of the Province, freed and discharged i'rora any 
 ; , and all trusts whatsoever. 67 V. c. 12, s. 1. 
 
PARRR, OAKDICNR AND DIIIVE8. 
 
 S. HORTIOULTUBAL OABDBNS. 
 60 Viot. 0. 71 (Ont) 
 
 An Act rcH|)ecting the (!ity of Toronto. 
 
 [AsHented to 23rd April, 1887.] 
 
 381 
 
 jlve 
 
 1. The council of the corporation of the city of Toronto 
 may pass by-InwH for the following aniongnt other pur- 
 poNeM notwithstaiuling any thing in The I'unHolidated 
 MuniciiHil Act, 1S8J, or any ainundiiig Act or in any 
 special or private Act relating to the Haid city of Toronto, 
 contained to the contrary. 
 
 3. For authorizing, in so far a.s the city has any interest Authoriiing 
 therein, the Horticultural Society of Toronto (i) to create a J^'j**^*""'^""' 
 debt, and to borrow money by the issue and sale of deben- Iggue deben- 
 tures or upon mortgage ot the lands and premises occupied tures. 
 by the society to an amount not exceeding in all the sum 
 of S90,000 for the purpose of paying off existing mortgages, 
 debts and liabilities, and improving their property by the 
 erection of a new pavilion or the enlargement and improve- 
 ment of their present buildings and otherwise. 50 V. c. 
 71, s. 1 (3.) 
 
 4. BIVEBDALE PARK- 
 89 Viot, o. 66 (Ont). 
 
 An Act to authorize the sale of certain lands by 
 the Trustees of the Toronto General Burying 
 Grounds to the City of Toronto. 
 
 [Ansented to \Oth February, 1876.] 
 
 WHEREAS the lands hei-einafter described are vested in Preamble, 
 the trustees of the Toronto General Buiying Grounds 
 and are by the said corporation held subject to and for the 
 carrying out of certain trusts in and by the Act of incor- 
 poration and other Acts relating to the said the trustees of 
 
 (•) See 20 Viot., o. 181 ; 22 Vict, c. 126. 
 
PARKS, OAUDENS AND DRIVES. 
 
 the Toronto General Burying Grounds, declared and set 
 forth respecting the same ; And whereas, upon the said the 
 trustees of the Toronto General Burying Grounds, proceed- 
 ing to use the said lands for the burial of the dead, being the 
 sole purpose for which the said lands are held by them, ob- 
 jection thereto was taken by the municipal council of the 
 corporation of the city of Toronto, by re>»son of the fact 
 that since the said lands had been acquired by the trus- 
 tees of the Toronto General Burying Grounds for the pur- 
 poses aforesaid, that portion of the said city of Toronto in 
 which the said lands are situate having become filled with 
 a large and still increasing population, great iifjjury was 
 feared to the health and comfort of those residing in the 
 said vicinity from the use of the said lands for the inter- 
 ment of the dead; And whereas, but few lots have been 
 sold for burial purposes and few interments have been 
 made in the said lands, and the said lots have, for the most 
 part, been reconveyed to the said the trustees of the 
 Toronto General Barying Grounds and the bodies of those 
 already interred therein have, with the consent of all 
 parties, been removed with the exception of three, in re- 
 gard to the removal of which, negotiations are now pend- 
 ing ; And whereas, the said the trustees of the Toronto 
 General Burying Grounds having acquired a large parcel 
 of land at a much greater distance from the densely popu- 
 lated portions of the said citj' of Toronto, which said 
 parcel of land is held by them subject to the same trusts 
 and for the same purposes as the lands hereinafter 
 described, are willing, subject to such terms as are or may 
 be agreed upon, to sell and convey to the said municipal 
 council of the corporation of the city of Toronto the 
 lands here'nafter described and hereby empowered to be 
 sold and conveyed ; And whereas, the said municipal 
 council of the corporation of the city of Toronto, and the 
 said the trustees of the Toronto General Burying Grounds 
 have by their petition set forth the advantages to be 
 derived by the inhabitants of the north-eastern portion of 
 the said city of Toronto from the establishment of a public 
 park in that portion of the said city, and prayed that an 
 Act may be passed authorizing the sale and conveyance of 
 the said lands to the said the municipal council of the 
 corporation of the city of Toronto for the purpose of 
 forming part of an eastern public park in the said city 
 ot Toronto ; And whereas in consideration of the benefits 
 to be derived from the establishment of such a park as 
 aforesaid, it is expedient to grant the prayer of the sad 
 petition : 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of On- 
 tario, enacts as follows : — 
 
 Power to the 1, The said corporation, the trust,ees of the Toronio 
 trustees of General Burying Grounds, shall have power to sell and 
 
PARKS, GARDENS AND DHIVE8. 
 
 833 
 
 convey to the municipal council of the corporation of the the Toronto 
 city of Toronto, fiee and discharged from tne trusts upon^"e"«™lB«»ry- 
 which the same nre by the:n held, that portion of the lands 5^8S[°jJJ|!^ 
 in the said city of Toronto now vested in the said the landa to the 
 trustees of the Toronto General Burying Grounds and«-'i'yo' 
 known as the Toronto Necropolis, lying south of Winches- ^"**'*"***'- 
 ter street in the said city of Toronto and bounded on the 
 east by the river Don, on the south by Carleton street, on 
 the west by Sumach street and on the north by Winchester 
 street aforesaid, which may be more particularly des- 
 scribed as follows, that is to say : Being all and singular 
 that certain piece or parcel of land ^ing part ot lots 
 numbers fifteen and sixteen in the first concession from 
 the Bay, in the township of York, in the county of York, ■ 
 
 and which is butted and bounded as follows : Comuienc- 
 ing where a stake has teen planted at the intersection of 
 the east side of Sumach street and the north side of ,/" 
 
 Carleton street, formerly Elm street ; thence north six- ^' 
 
 teen degrees west seven chains to the intersection of the 
 east side of Sumach street with the south side of the Don 
 Mills road, now called Winchester street ; thence easterly 
 and northerly along the south side of the said road about : ' . 
 
 twenty-five chains twenty.fi ve links, more or 1 ass, to the .- . ;• 
 
 west bank of the river I)on ; thence south fifty-three de- 
 grees thirty minutes east with the stream, along the bank 
 of the said river, two chams twenty-four links to a stake ; 
 thence south three degrees thirty minutes west three chains 
 twenty-two links ; thence south forty-two degrees fifteen 
 minutes west ten chains fifty-three links; thence south 
 twenty-five degrees west three chains sixty links ; thence 
 south ten degrees fifteen minutes west one chain forty-one 
 links, more or less, to the north side of Carleton street, 
 formerly Elm street; thence south twenty-four degrees 
 west eight chains sixty-three links, more or less, to the 
 place of beginning, una which said piece or parcel of land 
 contains by admeasurement eleven acres and twenty-one 
 hundredths of an acre, more or less, statute measure, being 
 high land ; and also that certain other piece or parcel of 
 land, being part of the above mentioned lots numbers 
 fifteen and sixteen in the first concession from the bay, in 
 the township of York aforesaid, and which is butted and 
 bounded as follows : Commencing at a stake placed on the 
 north side of Carleton street, formerly Elm street, on a 
 course north seventy-four degrees, east at a distance of 
 eight chains sixty-three links froui the intersection of the 
 east side of Sumach street and north side of Carleton 
 street, formerly Elm str*»et; thence north seventy-four 
 degrees east four chains fifteen links to the west bank of 
 the river Don ; then'je against the stream, following the 
 windings of the river, about twelve chains to a stake 
 placed on the bank on the west side of a proposed cut or 
 canal, one hundred ieet wide ; thence nortn twenty-three - 
 
 degrees fifty minutes west six chains sixty-six links to the 
 
834 
 
 PARKS, OAUDENd AND DRIVE8. 
 
 west bank of the river Don where a stake has been 
 planted ; thence against the stream north fifty-three de- 
 grees thirty minutes west one chain twenty-three links to 
 a stake heretofore described ; then south three degrees 
 thirty minutes west three chains twenty-two links ; 
 thence south forty-two degrees fifteen minutes west ten 
 chains fifty-three links; thence south twenty-five -grees 
 west three chains and sixty links ; thence south ten de- 
 grees fifteen minutes west one chain forty-otie links, more 
 or less, to the place of beginning, containing by admeas- 
 urement six acres and fifteen hundredths of an acre, more 
 or less, statute measure, being low land or fiats, which said 
 lands if and when and so soon as sold and conveyed by 
 the said the Trustees of the Toronto General Burying 
 Grounds pursuant to the powers in this Act given, are to 
 be held by the said the municipal council of the corpora- 
 tion of the city of Toronto for the purpose of forming part 
 of an eastern public park in the said city of Toronto. 39 
 V. c. 66, s. ]. 
 
 Existing 2. , A certain agreement for the sale of the said lands for 
 
 mS"t£ecitv *^® purposes aforesaid, made between the municipal council 
 of the corporation of the city of Toronto and the trustees 
 of the Toronto General Burying Grounds, and dated the 
 thirteenth day of December, in the year of our Lord one 
 thousand eight hundred and seventy-five, is hereby con- 
 firmed and declared to be of full force and efiect. 39 V. 
 c. 66,8. 2. -:/•"■•-/ '-^■■'-y:'.-::: ■,.':'- ,-,.,/- 
 
 Removal of 
 the dead. 
 
 Rights of 
 lot owners. 
 
 3. The said the trustees of the Toronto General Bury- 
 ing Grounds shall have power to remove of their own 
 accord tlie remains of the dead now interred in the said 
 lands hereby authorized to be sold, in case the friends and 
 relatives of the dead should not themselves remove the 
 snid remains within thirty days after being notified in 
 writing so to do, and in case the friends or relatives of 
 any of the dead now remaining therein interred cannot, 
 after due enquiry, be found, then the said the trustees of 
 the Toronto General Burying Grounds shall have power, 
 of their own accord, and without any notice, to remove the 
 said remains of the dead now interred in the lands hereby 
 authorized to be sold ; and the remains removed shall be 
 re-interred at the expense of the said the trustees of the 
 Toronto General Burying Grounds in that portion of the 
 Toronto Necropolis lying North of Winchester street, in 
 the said city of Toronto, in burial places or lots corres- 
 ponding in size as nearly as may be with those from which 
 such remains shall have been removed. 39 V. c. 66, s. 3. 
 
 4. Any party or parties owning a burial lot or lots in 
 the said lands hereby authorized to be sold shall be en- 
 titled to receive at the costs and charges of the said trus- 
 tees a conveyance of a burial lot or lots in that part of the 
 Toronto Necropolis lying north of Winchester street, in 
 
PAKKS, GARDENS AND DRIVES. 
 
 the said city of Toronto, such lot or lots to correspond in 
 size and value as nearly as may be with the lot or lots now 
 owned by such party or parties in the lands hereby 
 authorized to be sold, and the said the trustees of the 
 Toronto General Burying Grounds shaH. upon request, 
 convey to any party or parties now owning burial lots in 
 that poition of the lands of the said coiporation hereby 
 authorized to be sold, lots corresponding in size and value 
 as nearly as may be in that part of the Toronto Necropolis 
 lying north of Winchester street, in the said city of 
 Toronto; and the lots to be conveyed to such party or 
 parties (if any) are to be accepted by them in lieu of the 
 lots now held by them for burial purposes in the lands 
 hereby authorized to be sold, and in lieu of all right, title, 
 claim, interest or demand they may have in respect thereof, 
 and the said corporation the trustees of the Toronto 
 General Burying Grounds are hereby authorized to sell 
 and convey as aforesaid the lands hereinbefore described, 
 free and discharged of and from all right, title, interest, 
 claim and demand of such person (if any) as may now 
 hold lots for burial purposes in the lands hereby author- 
 ized to be sold. 39 V. c. 66, s. 4. 
 
 385 
 
 I-' a 
 
 5. BOSEDALE DRIVE. 
 
 52 Viot. o. 95 (Ont.) 
 
 An Act respecting St. James' Cathedral, Toronto, 
 
 lAsseiiUd to 23rd March, 1889.] 
 
 4. The rector and churchwardens of St. James' Cathe- Power to sell 
 dial, Toronto, shall have power to sell and convey to ^^^ **"^ P*'"'' 
 the corporation of the city of Toronto, for parks or road ^ *^^ 
 purposes only or to any public corporation or trust for 
 those purposes any unsold portions of the lands described 
 in schedule A to the Act of the late Province of Canada, 
 passed in the twenty-ninth, and thirtieth years of Her 
 Majesty's reign, chaptered 151, upon such terms as have 
 been or may hereafter be approved by the vestry of the 
 said St. James' Cathedral, Toronto. 52 V. o. 95, s. 4. 
 
f/ . 
 
 836 PENINSULA. 
 
 SCHEDULE A. 
 
 (S9-30 Vid. c. 151.) 
 
 AH and singular that cei-tain parcel or tract of land and 
 premises situate lying and being in the city of Toronto, 
 and township of York, containing by admeasurement 65 
 acres of land, be the same more or less, bein^ composed of 
 parts of park lots numbers one and two, lying and being 
 on the west side of the river Don and butted and bounded 
 as follows : — Commencing where a post has been planted 
 on the limit between lots numbers two and three at a 
 distance of 75 chains 93 links, more or less, from the 
 front of the first concession on a coui-se noi-th 16 degrees 
 west; thence north 74 degrees east, 3U chains, 15 hnks, 
 more or less, into the mill dam ; thence north 16 degrees 
 east, two chains, more or less, to where a post has been 
 planted ; thence north 74 degrees east, 8 chains, 38 links, 
 more or less, to the river Don ; thence in a northerly 
 direction following the windings of the river to within 11 
 chains of the south side of the allowance for road on the 
 front ^ox the second concession and to the eastern boundary 
 of land belonging to Francis Melville Cayley, Esquire ; 
 thence south 74 degrees west, 30 chains, more or less, to 
 
 where a post has been planted marked C. one, No. ; 
 
 thence south 16 degrees enst, 13 chains, 31 links, more or 
 less to the place of commencement, being the premises 
 conveyed or intended to be conveyed by one John Richard 
 Nash and his wife, to the churchwardens of St. James' 
 Church, Toronto, by indenture, bearing date the 1st day 
 of August, A.D. one thousand eight hundred and forty- 
 four, and registered in the registry oflBce of the county of 
 York, on the 29th day of March, A.D. one thousand eight 
 hundred and forty-seven, and surveyed and laid out as a 
 cemetery and thenceforth used for that purpose. 
 
 ■rb 
 
 PENINSULA. 
 See Island. 
 
PUBLIC SCHOUFil. 
 
 3a7 
 
 POLIOB GOMMISSIONBRS. 
 55 Viot., 0. 42 (Ont.) 
 
 An Act to Consolidate the Acts respecting Muni- 
 cijml Institutions. 
 
 [Assented to Uth April, 1892.'] 
 
 434- — (1) In every city there is hereby constituted aBoisrdofcom- 
 board of commissioners of police, and in every town hav- ™'f. '"P"" ?' 
 ing a police magistrate the council may constitute a like and towns, of 
 board, and such board shall consist of the mayor, the whom com- 
 judge of the county court of the county in which theP°*"^* 
 city or town is situate, and the police magistrate ; and in 
 case the office of county judge or that of police magis- 
 trate is vacant, the council of the city shall, and the coun- 
 cil of the town may, appoint a person resident therein to 
 be a member of the board, or two persons so resident to be 
 members thereof, as the case may require, during such 
 vacancy ; but the council of such town may at any time, 
 by by-law, dissolve and put an end to the board, and 
 thereafter the council shall have and exercise all powers 
 and duties previously had or exercised by the board. 
 R. S. O. c. 184, 8. 434. 
 
 (2) The council of any city with a population of 100,000 
 or over, may by by-law provide for the payment of the 
 police commissioners or any of them. 53 V. c. 50, s. 14a 
 
 PUBLIC LIBRARY. 
 
 See Library and Museum. 
 
 PUBLIC SCHOOLS. 
 
 See Schools. 
 
388 
 
 RAILWAYS. 
 
 RAILWAYS. 
 
 Paok. 
 
 1. Grand Trunk Railway 338 
 
 2. Belt Line Railway— 6'«e Don Improvement, p. 139. 
 
 3. Credit Valley Railway 340 
 
 4. Midland Railway 344 
 
 6. Rights, etc., on Don Improvement— See Don Improvement. 
 
 6. Rights, ETC. , ON Esplanade — iSee Esplanade. , 
 
 / 
 
 1. GRAND TRUNK RAILWAT. 
 22 Vict. C. 71. 
 
 « 
 
 An Act to authorize the City of Toronto to issue 
 Debentiu'es for redeeming some of their out- 
 standingDebentures, for which no sinking fund 
 has been provided and for other purposes. , 
 
 [Assented to Uh May, 1859.] 
 
 Corporation 
 may dispose 
 of certain 
 railway 
 stocks, etc. 
 
 7. The corporation [of the city of Toronto] may also 
 pass a by-law or by-laws for authorizing the sale or 
 exchange in this country or elsewhere, of twenty thousand 
 shares of the capital stock in the Toronto and Guelph Rail- 
 way Company, since amalgamated with the Grand Trunk 
 Railway Company of Canada, and now constituting in the 
 last named Company, three thousand two hundred and 
 eighty-eight shares, of twenty-five pounds sterling each, 
 amounting in all to tighty-two thousand and two hundred 
 pounds sterling, and held by the city, for cash or foi* the 
 debenttires, or for such portion of the same, as w^ere issued 
 by the city for the purchase of the said stock, as may 
 be agreed upon between the said city and the holders of 
 said debentures. 22 V. c. 71, s. 7. 
 
 Investment if 8. If the stock is sold for cash then the pioceeds of such 
 the stock is sale shall be invested in such security as the Governor in 
 sold for cash. Council may direct, and the capital sum so invested, with 
 all interest accruing therefrom, shall be applied towards 
 the interest and redemption of the debentures last afore- 
 said. %2 V. c. 71, s. 8. 
 
 If exchanged 9. If the stock is exchanged for the debentures, or any 
 fordeben- portion of them, such debentures or such portion shall be 
 cancelled accordingly. 22 V. c. 71, s. 9. 
 
 tnres. 
 
IIAILWAYS. 
 
 389 
 
 10. In case upon any exchange the amount of deben- 1' ♦'^ey »« 
 tuies received is less than the total amount of debejituresj*^ j*^^^'/^^ 
 issued, tho corporation may redeem such residue by the resuluu of ' 
 is-^ue of new debentures, payable in such sums and at such "lebontures to 
 times, not exceeding thirty years, us the council may think "' "*"** 
 fit, and the residue of debentures so redeemed shall be ^can- 
 celled accordingly. 22 V. c. 71, s. 10. ^ ; 
 
 y 
 
 23 Viot. 0. 86. 
 
 An Act to remove doubts as to the validity of By- 
 law number three hundred and nine of the 
 Corporation of the City of Toronto, and of 
 certain Debentures issued thereunder. 
 
 [Assented to I9th May, I860.] 
 
 WHEREAS by petition of Thomas Gait, Esquire, of the Preamble, 
 city of Toronto, it is stated that the petitioner was 
 the holder of debentures of the city of Toronto, to the 
 amount of one hundred thousand pounds ; that under the 
 provisions of chapter seventy-one of the statutes passed 
 in the twenty-second year of Her Majesty's reign, the 
 petitioner entered into an agreement with the said city 
 for the redemption and exchange of the said debentures, ' 
 by which the city was to deliver to the petitioner in ex- 
 change for certain of the said debentures, amounting to 
 fifty-seven thousand four hundred and twenty-six pounds, 
 provincial currency, certain other debentures of the city 
 amounting to forty-seven thousand two hundred pounds 
 sterling; that uniler such agreement, the corporation of 
 the said city passed a by-law, number three hundred and 
 nine, providing for the issue of debentures to the amount 
 of forty-seven thousand two hundred pounds sterling for 
 the purpose of delivering the same to the petitioner as 
 aforesaid ; that the petitioner has been advised it is doubt- 
 ful whether the debentures which have been so issued, are 
 legal and binding on the city, and therefore he prays an 
 Act may be passed declaring the said by-law to be valid, 
 and that any debentures issued thereunder are legal and 
 binding on the city ; And whereas it is represented that 
 the cause of the doubts of the validity of the said deben- 
 tures and by-law is, that no sinking fund or any rate 
 therefor, is provided for in the said by-law ; and whereas 
 
840 
 
 RAILWAYS. 
 
 it is desirable to extend the relief praj'ed for to the 
 petitioner : 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Council and Assembly of Canada, 
 enacts as follows : ^ .. 
 
 The by-law 1 The said by-law and debentures shall be and are 
 turasdeclared ^®''^'^y declared to be valid, to and for all intents and pur- 
 valld. poses whatsoever. 23 V. c. 86, s. 1. 
 
 PtablioAot 2. This Act shall be deemed a Public Act. 23 V. c. 86, 
 s. 2. 
 
 ,f 
 
 3. OBEDIT VALLET RAILWAY. 
 86 Vict. c. 80 (Ont.) 
 
 \ 
 
 An Act to amend the several Acts relating to the 
 Credit Valley Railway Company 
 
 • ' [Assented to 29th March, 1873.] 
 
 The corpora- 12. The corporation of the city of Toronto may cause 
 T°""t *^® debentures for the bonus of one hundred thousand 
 
 make" the"de^ dollars granted by them to the said company, and the 
 bentures coupons or interest warrants attached thereto, to be made 
 t^"*^ ^^he P^y^l® ^^ ^1^6 Bank of Toronto in Toronto, as is provided by 
 half of the ' *he by-law of the said corporation for granting such bonus ; 
 company pay- or may in their discretion, notwithstanding the said pro- 
 able at differ- visions of the said by-law, cause the same to be made 
 payable at any other bank or banks in the said city of 
 Toronto, or at any bank or banks or places in the city ot 
 London, in England ; and it shall not be necessary that 
 all of th3 said debentures and the interest warrants, or 
 coupons thereof be made payable at any one place, but the 
 said corporation may cause so many of the said debentures, 
 and the interest warrants, or coupons thereof, as they shall 
 see fit to be made payable Jit such one or ones respectively 
 / of the said banks or places as they shall see fit : and it shall 
 not be neccosary for the said corporation to puss or sub- 
 mit to the vote of the ratepayers any amended by-law 
 for such purpose. 36 V. c. 80, s. 12. 
 
 K 
 
 V 
 
RAILWAYS. 841 
 
 48 Viot o. 54 (Dom.) 
 
 An Act resjjecting the Credit Valley liailway 
 
 Company. 
 
 [Assented to 7th May, 1880.] 
 
 WHEREAS the Credit Vailey Railway Company have, Preamble, 
 by their petition, prayed that an Act may be parsed 
 to facilitate their entrance into the city of Toronto, and to 
 .secure to them access from the line of the said railway at 
 Queen street to the water lots between Simcoe and John 
 .streets in the said city, acquired by the said Credit Valley 
 Railway Company for the purposes of a terminal station 
 for the same, and to enable them to operate their traffic 
 thereto ; and whereas it is agreed to establish the line of 
 the said railway from Queen street in the said city, along 
 the vacant land south of and adjoining the strip of land one 
 hundred feet wide, now occupied by the Grand Trunk and 
 Northern Railway Companies, eastward to a point at or , 
 near Bathurst street in the said city; and whereas the 
 Northern Railway Company have agreed to allow the 
 Credit Valley Railway Company, for the purposes afore- 
 said, to acquire and exercise through running powers from 
 the said point at or near Bathurst street over the main 
 track now or to be hereafter laid upon and over the 
 property now occupied by the Northern Railway Company 
 between Bathurst and Brock streets, to a point on the "' / 
 northerly part of Esplanade street, at or near its inter- 
 section with the east side of Brock street ; and whereas it 
 is expedient to grant the prayer of the said petition: 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Senate and House of Commons of Canada, 
 •enacts as follows : — . v' : x,^ 
 
 1. It shall be lawful for the said the Credit Valley C.V. Railway 
 Railway Compfiny to enter upon and occupy so much of a^^P^y 
 strip of land tnirty feet wide as is subject to the control of certain lands 
 the Parliament of Canada, and extending from Queen in Toronto. 
 street, in the city of Toronto, and lying to the south of and 
 adjoining the strip of land one hundred feet wide now 
 ■occupied by the Grand Trunk and Northern Railway Com- 
 panies, eastward to a point at or near the crossing of the 
 mainlines of the Northern and Great Western Railways, 
 near Bathurst street in the said city, being the point of 
 junction hereinafter mentioned : Provided, compensation Compensa- 
 shall be made under the provisions of " The Consolidated ^^'^^^^^ 
 Railway Act, 1879." 43 V. c. 54, s. 1. "^®- 
 
 2. It shall be lawful for the Credit Valley Railway Com- May ^ect 
 pany, and they are hereby authorized and empowered tOjJ^*^^!^'* 
 
 Rulwaty. 
 
84t 
 
 HAILWATH. 
 
 Amuige- 
 menta m to 
 running pow- 
 •ra, over p«rt 
 of Northern 
 Rallwfty. 
 
 join and unite their main line with the main line of the 
 Noithern Railway Company, at a point not exceeding 
 seventy-five vardH west of the said crossing of the main 
 lines of the Northern and Great Western Railways near 
 Bathurst street 43 V. c. 54, s. 2. 
 
 8. When and so soon as the Credit Valley Railway Com- 
 pany shall have constructed their railway from Queen 
 street to the said point of junction with the Northern 
 Railway near Bathurst street, then the Credit Valley 
 Railway Company shall acquire and have the right to 
 exercise, for the purposes of their traffic and construction, 
 through running jiowers from the said point of junction 
 near Bathurst street over the main line of the Northern 
 Railway now or to be hereafter laid upon and over the 
 property occupied by the said company between Bathurst 
 and Brock streets to a point on the northerly part of 
 Elsplanade street at or near its intersection with the east 
 side of Brock street, such running powers to include the 
 right, privilege and power of running the trains, locomo- 
 tives and cars of every description engaged in the traffic 
 and construction of the Credit Valley Railway Company 
 between the said points : Provided always, that the exer- 
 cise of all such running ))owers shall be subject to the 
 control of the Northern liaiiway Company, and under such 
 running regulations of the Northern Railway Company as 
 may, from time to time, be in foice anJ operation, with re- 
 gard to the movement of their own trains; and provided fur- 
 ther, that the exercise of the said running powers shall also 
 be subject to payment for the same by theCredit Valley Rail- 
 way Company to the Northern Railway Company of such 
 tolls, rents or compensations as shall be mutually agreed 
 upon, or in the event of disagreement, as shall be settled 
 by arbitrators to be appointed as hereinafter provided, — 
 regard being had, in the settling such tolls, rents or com- 
 pensations, to any special expenditure necessarily incurred 
 by the Northern Railway Company in making such altera- 
 tions and rearrangements of the tracks and track service 
 of their yard, to ensure the safe and proper working of the 
 running powers hereby granted ; and further that in 
 settling such tolls, rents or compensations the arbitrators 
 shall award an annual fixed specified amount to be ^aid by 
 the Credit Valley Railway Company, for the right to exer- 
 cise such running powers in addition to any tolls or 
 compensations that may be awarded for actual user of such 
 powers ; and the tolls, rents or compensations thus settled 
 shall continue iu force for five j'ears, and may then, at the 
 request of either party, be renewed or re-settled for such 
 further period as may be agreed upon, and so on, from 
 time to time, by agreement, or in case of dispute, by 
 arbitration, as hereinafter provided. 43 V. c. 54, s. 3. 
 
 Snoh running 4. It is hereby declared that the running powers hereby 
 powers grant- granted are exclusively granted to the Credit Valley Rail- 
 
 'Proviso: Iiow 
 regulated. 
 
 Proviso: as 
 to compen- 
 sation by 
 affreement or 
 arbitration. 
 
 Duration and 
 renewal of 
 agreement. 
 
RA1LWAY8. 
 
 Ml 
 
 way Company, and that in tlio event of the Haid *'he^*®C. v. 
 Credit Valley Railway Company being amalgamated, or^^^ 
 uniting with aiiv other railway company, or in the event only, 
 of the Credit Valley Railway being leased or sold to or 
 coming under the control of anv other railway company, 
 or in the event of the Credit Galley Riulway Company, 
 acquiring or leasing any other railway, or in the event of the 
 said Credit Valley Railway Company entering into joint 
 working arrangements with any other railway company, 
 then and in any such case the running powers hereby grant- 
 ed shall wholly cease and be determined, unless the said the 
 Credit Valley Rjiilway Company and the Northern Railway 
 Company agree to such amalgamation, union, lease, sale, or 
 joint working arrangements. 43 V. c. 54, s. 4. 
 
 6. In case the said companies shall fait to agree upon 
 the extent or manner ot working the running powers 
 hereby granted, or upon the tolls, rents or compensations 
 to be paid for the same, or upon any other matters arising 
 out of the powers conferred by this Act, then the same 
 shall be settled by three arbitrators appointed from time 
 to time, one to be appointed by each of the said railway 
 companies, and the third by the Chief Justice, or one of 
 the judges of the Court of Appeal of the Province of 
 Ontario; and in the event of either of the said companies 
 refusing or neglecting to appoint such arbitrator for the 
 space of ten days after being requested or notified so to do 
 by the other company, then the said Chief Justice or judge 
 shall appoint such arbitrator for the company so neglecting 
 or refusmg ; and the award of the said arbitrators or of 
 the majority of them may be enforced by a judge of any 
 one of the superior courts of law or equity in Ontario ; 
 and it is hereby declared that if the said the Credit Valley 
 Riiilway Company shall neglect or refuse for the period of 
 thi'ee months co pay such tolls, rents or compensations as 
 may, at any time, be due by them to the said the Northern 
 Riiilway Company under any award which may be made 
 under the provisions of this Act, then the said the Northern 
 Railway Company may give the said the Credit Valley 
 Railway Company notice in writing to pay the same 
 within one month, and in the event of the said the Credit 
 Valley Railway Company at the expiry of the said month 
 neglecting to pay the said sum so due and demanded, the 
 running powers hereby granted shall at once cease and be 
 determined. 43 V. c. 54, s. 5. 
 
 Appointment 
 of arbitrators 
 in oase of dis- 
 agreement. 
 
 Provision in 
 default of 
 
 P 
 
 appointment 
 by either 
 
 
 oompany. 
 
 
 Enforcing 
 awanL 
 
 
 Pr vision in 
 case of failure 
 by 0. V. 
 Railway 
 Company to 
 
 ' 
 
 pay com- 
 pensation 
 awarded. 
 
^mp. 
 
 844 BBOBPTIONti 
 
 4 
 
 4. MIOLAHD BAILWAT. 
 46 Vlot. 07 (Ont.) 
 
 An Act to consolidate the Toronto anil Nipissing 
 Railway C'omjiany, the Whitby, Port Perry 
 and Lindsay Kailway Company, the Victoria 
 Railway Conii>any, the Toronto and Ottawa 
 Railway Company, the Grand Junction Railway 
 Company, and the Midland Railway of Canada. 
 
 [Aacented to UUh March, 1882.] 
 
 MunioipAl 
 direoton. 
 
 29> The corporation of the city of Toronto shall have 
 the same power to appoint an ex officio member of the 
 board of the said company, which before the passing of 
 this Act they the said corporation possessed with respect 
 to the Toronto and Nipissmg Railway Company ; and the 
 mayor of the city of Belleville, for the time being, shall 
 alsa be ex oMcio a director ; also, the corporation of the 
 town of Lindsay shall have th- right to name an ex officio 
 director of said company, ^n d to be in addition to the 
 number named in the said <igreemont for consolidating 
 said companies. 45 V. c. G7, s. 29. 
 
 RBOBPTIONS. 
 
 ' ' ; . 55 Vict. o. 42 (Ont.) :, 
 
 An Act to consolidate the Acts respecting Muni- 
 , cipal Institutions. 
 
 ^ - ■ - " [Assented to 14th Apinl, 1892.] 
 
 . ■ ♦ ♦ * * # * 
 
 Annual ap- 620 tt. — The council of any city may include in the 
 nropriation annual estimates a sum to be expended in the reception 
 •ndoSiw^*^^ entertainment of distinguished guests, and any tra- 
 ezpaiMB. veiling expenses necessarily incurred in and about the 
 business of the corporation, which sum shall, in the case 
 
RBOI8TUY AND LAND TITLI8 OmOKS. 
 
 of ciiie« having a population of 100,000 or over, be not 
 more than $5,000 ; in the case of other cities having a 
 population of 20,000 and over, not more than 91,000, and 
 in the case of other citiefi, not more than $500 in any year. 
 55 V. c. 42, H. 620 a. 
 
 840 
 
 RBQISTRY AND LAND TITLES OFFIOBS. 
 
 RS O. (1887) o. 116. 
 
 ■ ■ '^ '■■».'.. 
 
 An Act to simplify Titles and to facilitate the 
 Transfer of Land. 
 
 182. — (1) The municipal council of a county or of a 
 city or town separated from a county for municipal pur- 
 poses may pass a by-law declaring it expedient that the 
 provisions of this Act be extended to the said county, city 
 or town. 
 
 (2) The municipal corporations of the county of York 
 and city of Toronto and of any county, citv or town which 
 passes a by-law to the effect aforesaid, shall provide proper 
 fire proof and other accommodation for an o£Sce of land 
 titles, and so far as the expenses of the office are not 
 covered by the fees collected thereat, the corporation shall 
 pay the same, including the salary of the master of titles 
 of the locality and all necessary and proper books, station- 
 ery, furniture, and lighting, cleaning and heating of the 
 office, and nttendance and other matters and things inci- 
 dent to the proper conduct of the business of the omce. 
 
 (3) Where this Act is extended to a county which 
 includes a city or town separated from the county for 
 municipal purposes the city or town and county shall 
 share tne expenses to be borne by the locality under this 
 Act in such proportions as may be decided by arbitration 
 under The Municipal Act in case the councils interested 
 do nut agree in respect thereto. B. S. 0. c. 116, s. 132. 
 
 fa 
 1^1 
 
846 UEOTSTRY AND LAND T1TLK8 OFFICES. 
 
 47 Viot. 0. 50 (Ont.) 
 An Act respecting the City of Toronto. 
 
 - [Assented to 25tk March, 188i.] 
 
 2. — (9) Having regard to the amount of fees which are 
 being received by the city of Toronto, and which will be 
 received for the future from the city registrar in respect 
 of lands situate in the ward of Saint Paul's, formerly the 
 village of Yorkville, and in the portion of the township of 
 York hereby annexed to the city of Toronto, and in con- 
 sideration of the serious loss of income which has arisen 
 and will continue to arise to John Ridout, Registrar of the 
 county of York, from such annexation of territory to the 
 said city of Toronto, it is hereby enacted, the council of 
 the said city not objecting thereto, that Jby way of com- 
 pensation to him the corporation of the city of Toronto 
 shall pa}'' to the said John Ridout the sum of two thous- 
 and dollars. 47 V. c. 59, s. 2 (9). 
 
 56 Vict. 0. 21 (Ont.) 
 
 An Act respecting the Registration of Instruments 
 Relating to Lands. 
 
 [Assented to 27th May, 1893.] 
 
 Re^stry 4. There shall be separate registry divisions for tl.j 
 
 divisiona in city of Toronto, to be called respectively. East and West 
 Toronto. Toronto. 56 V. c. 21, s. 4. , 
 
 East Toronto consists of all that part of the city of 
 Toronto lying east of Spadina avenue and Spa- 
 dina road, continued south and north, to the boun- 
 daries of the city, and shall include the land on 
 Spadina avenue, now occupied by Knox College, 
 and the Island lying south of the city of Toronto. 
 
 West Toronto consists of all that part of the said city 
 lying west of Spadina avenue and Spadina road, 
 continued as aforesaid to the boundaries of f-he 
 city. 56 V. c. 21, Sched. P., part 3. 
 
REfllHTRY AND LAND TITLKS OFFICES. 
 
 m 
 
 6. The registry building now on Richmond street west, ^5****'y 
 in the city of Toronto, shall be and continue to be thej^j^^^ 
 offices of the registry divisions of East and West Toronto. 
 The former registrar of the city of Toronto shall, during 
 pleasure and without new appointment, be registrar for 
 the registry division of West Toronto, 56 V. c. 21, s. 5. 
 
 6. The council of the city of Toronto shall, by addi- Conrtrootum 
 
 tions thereto to be approved by the Lieutenant-Governor 5or*Rev.8ut. 
 in Council, provide in or in connection with the present ca 114 and 
 registry building, or otherwise, sufficient safe and proper ^^®* 
 fire-proof offices and vaults for the registry offices for both : ; 
 
 division 5- of East and West Toronto, and for the office of 
 land titles for the said city, and shall furnish the same 
 in accordance with the provisions of this Act and Land 
 Titles' Act, respectively. 56 V. c. 21, s. 6. ^v 
 
 7. (1) The registry books, and all books of indexes, which DeUvery of 
 have been kept exclusively for such part of the city of ^roks'^tc. to 
 Toronto hereby set apart as the registry division of East registrar of 
 Toronto, and likewise all original memorials, all original East Toronto, 
 duplicates, and all deeds, conveyances and wills, and all 
 
 other instruments, an^ all maps or plans lodged according 
 to law in his oflice, and relating exclusively to lands within 
 the division of East Toronto, shall remain in the cus- 
 tody of the registrar of East Toronto. 
 
 (2) All other abstracts, index books and registry books, 
 original memorials and original duplicates, and all deeds, 
 conveyances and wills, and all other instruments and maps 
 or plans, affecting lands in both registry divisions, shall 
 
 r -main and continue with the registrar of the registry ' 
 
 division of West Toronto. 
 
 (3) All wills and instruments in which there is a gen- 
 eral devise, conveyance or power affecting lands in the 
 city of Toronto without local description, shall be regis- 
 tered in the registry division of West Toronto. 
 
 (4) The registrar of the registry division of West 
 Toronto is hereby authovii:ed and empowered to certify to 
 all abstracts of title anl copies of instruments fx'om such 
 books retained in his office, and affecting lands in the 
 legistiy division of East Toronto, and he is to permit 
 searches to be made therefrom, whenever required so to do, 
 upon being paid the oi'dinary fees. 
 
 (5) The present senior deputy registrar shall be the 
 abstract clerk of the two divisions, during the pleasure of 
 the Lieutenant-Governor, and shall perform such other 
 duties as the Lit utenant-Governor may direct. His salary 
 shall be paid by the two registrars, one-half each, or in 
 iuch othei- proportions as the Lieutenant-Governor may 
 from time to time direct. 
 
 « 
 
 ^1 
 
 iib^ 
 
348 
 
 ROADS AND STREETS. 
 
 (6) The master of titles is be at liberty to inspect, 
 by himself or his clerks, all books and papers in the said 
 offices for his own information as such master, without 
 payment of fees, subject to any general mles to be made 
 under the authority of The Land Titles' Act. 56 V. c. 21, 
 8. 7. 
 
 , « ROADS AND STREETS. 
 
 ^ PAok. 
 
 1. Genkkallv 348 
 
 2. Bloor Street 349 
 
 3. York Roads 353 
 
 4. Boundaries —<See Boundaries of City and Wards — Local 
 
 Improvemznts. 
 
 5. Queen Street Subway— &e Debt and Debentures— Parkdale. 
 
 6. Lake Shore Road— <$'ee Boundaries of City and Wards. 
 
 7. Rosedale Drive— ^^ee Parks, Gardens and Drives. 
 
 1. GENERALLY. 
 48 Vict c. 73 (Ont.) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 'iOth March, \S^b.] 
 
 ,# ■ ^■''''' * ,* * . * * 
 
 By-laws 3. All by-laws heretofore passed by the council of 
 
 nam'fs'of ^^^ ^^^y ^^ Toronto, changing the names of streets, are 
 
 streets con- hereby declared valid, (a) 48 V. c. 73, s. 3. 
 
 firmed. 
 
 (a) As to changing names of streets generally, isef. 55 Vict. c. 42, s. 496, 
 sub-s. 31 (Ont.) 
 
ROADS AND STREETS. 
 
 55 Viot. o. 42 (Ont) 
 
 349 
 
 An Act to consolidate the Acts respecting Muni- 
 cipal Institutions. ^, 
 
 [Assented to Uth April, lii92.] 
 
 ' *■ ' ' ■■<P- *■" -w' -■'•■'* ♦ 
 
 545ci — (1) The municipal council of any city having a By-law« 
 population of 50,000 or more may pass a general by-law prescribing 
 prescribing the minimiin width of streets, lanes, alleys or T*^*j °* 
 other public places within the municipality wherein 
 dwelling houses may be erected or ocouj)ied, and the 
 minimum area of vacant land to be attached to and used 
 with any dwelling house hereafter to be erected, as the 
 courtyard or cuitilage thereof, and the mode of erection of 
 buildings occupied or intended to be occupied as dwelling 
 houses within the municipality or within any area or 
 areas thereof to be defined by the said by-law or by any 
 other by-law as may from time to time alter or amend or 
 repeal any such by-law. 
 
 (2) Every such by-law before the final passing thereof 
 shall be published in full twice in each week for four con- 
 secutive weeks in two newspapers published in the city 
 with a notice appended thereto, stating the date when the 
 council proposes to take the proposed by-law into con- 
 sideration. 55 V. c. 42, H. 545a. 
 
 2. BLOOR STBEET. 
 14-15 Vict. c. 39. 
 
 An Act to vest a certain Allowance for Road in the 
 Township of York in certain persons. 
 
 [27id August, 1851.] 
 
 WHEREAS the road allowance betv een the first and Preamble, 
 second concessions from the bay in the township of 
 York, in the counLy of York, in the rear of pai'k lots num- 
 bers one, two, thrbe and four, and north of lots fifteen and 
 sixteen in the first concession from the bay in the said 
 township of Yoik, passes through a very rough and uneven 
 piece of ground traversed by two deep ravines forming 
 the bed of the river Don and a small stream descending 
 from the Davenport ridge with precepitous banks on either 
 side rising to the height of one hundred and twenty-three 
 
 IjJilR 
 
 
 Hiii 
 
 ij^i^n 
 
 li'ili 
 
 I,, n^ 
 
zso 
 
 Road laid out 
 til rough lots 
 of certain 
 persons to be 
 a public bigh- 
 wiiy and road 
 allowance 
 vested in 
 those persons 
 in lieu 
 thereof. 
 
 K0AD8 AND STREETS. 
 
 feet, rendering that portion of the concession line wholly 
 impracticable as ii public highway ; And whereas another 
 road to the south of the said allowance for road and 
 through the said lots has been opened and is used as a 
 substitute for the said allowance; And whereas from its 
 proximity to the city of Toronto, and from its being out 
 of the jurisdiction of the city authorities, it has become 
 the resort of dissclute persons who congregate there in 
 great numbers, destroying the fences and property of the 
 adjacent proprietors of land ; And whereas the Honour- 
 able Christopher Widmer, Adfl-^ Wilson and Lawrence 
 Hayden, executors and trustees of the last will and testa- 
 ment of tiie late Henry Sullivan, deceased ; and Henry 
 Scadding, surviving trustee under the last will and testa- 
 ment of the late John Scadding, deceased ; and Samuel 
 Peter Jarvis, Francis Melville CayleV; John George How- 
 ard and John Playterof the said cicy of Toronto and town- 
 ship of York, own the land on each side of the said 
 allowance for road from the block house standing at the 
 north-west angle of park lot number four to the Plank 
 road intersecting the said allowance on the east bank of 
 the Don ; And whereas it is expedient that the said road 
 allowance should be granted to the said Christopher Wid- 
 mer, the said Adam Wilson and Lawrence Heyden, execu- 
 tors and trustees as aforesaid, the said Henry Scadding, 
 surviving trustee as aforesaid, the said Samuel Peters 
 Jarvis, Francis Melville Cayley, John Geoi'ge Howard and 
 John Playter aforesaid, in lieu of the said roads so granted 
 through the said lots. 
 
 Be it therefore enacted by the Queen's Most Excellent 
 Majesty by and with the advice and consent of the Legis 
 lative Council and of the Legislative Assembly in the 
 Province of Canada constituted and assembled by virtue 
 of and under the authority of an Act passed in the Par- 
 liament of tiie United Kingdom of Great Britain and 
 Ireland, and intituted An Act to re-unite the Provinces of 
 Upper and Lower Canada and for the govevnment of 
 Canada, and it is hereby enacted hy the authority of the 
 same : 
 
 1. Tliat the road so laid out through the .said lots and 
 now travelled as a public highway shall be and ren ain a 
 public highway, and that the said original allowance be 
 and the same is hereby vested in the said Christopher 
 Widmer, the said Adam Wilson and Lawrence Haydeii, 
 executors and trustees as aforesaid, the said Henry Scad- 
 di)ig, surviving tru.ste.'j as albresaid, the said Samuel Peters 
 Jarvis, Francis Melville O.yley, John George Howard and 
 John Playter, their heirs and assi^^n.-, for ever, in lieu of 
 the road .so given in the proportions hereinafter mentioned, 
 that is to say : the north half of the said allowance for 
 road between the said Block hou'e and the ])oint where 
 
ROADS AND STREXTS. 
 
 the said allowance is intersected by the said Plank road 
 to the east of the river Bon to the said Samuel Peters 
 Jarvis. Francis Mellville Cayley and John Playter, respec- 
 tively, men .^_j. ..live heirs and assigns, conterminously 
 with the limits of their respective properties butted and 
 bounded by the said allowance ; and the south half of the 
 said allowance for road to the said John George Howard, 
 the said Adam Wilson and Lawrence Hayden, executors 
 and trustees as aforesaid, the said Christopher Widmer, 
 the said Francis Melville Cayley, and the said Henry 
 Scadding, surviving trustee as aforesaid, respectively, their 
 respective heirs and assigns, contemiinously with the 
 limits of their respective properties butted and bounded 
 by the said allowance for road. 14-15 V. c. 39, s. 1. 
 
 851 
 
 19-20 Vict. c. 96. 
 
 An Act to settle the Northern Boundary Line of 
 of the City of Toronto. 
 
 [Assented to 1st July, 1856.] 
 
 WHEREAS the concession line now forming the north- Preamble. 
 ern limit of the liberties of the city of Toronto 
 (being the allowance for road between the park lots and 
 the second concession in the township of York), has been 
 found to diverge from the proper course, and the coiumon 
 council of the city of Toronto caused the same to be made , 
 
 straight, and expended a large sum of money in turnpik- 
 ing and otherwise improving the said line of road and in 
 building stone culverts thereon, and after such expendi- 
 ture was made it was discovered that the said line in the 
 original survey thereof had been either through careless- 
 ness or inadvertence run irregularly and crookedly, by 
 means whereof the line of road upon which such expendi- 
 ture was made is without the liberties of the said city, 
 and the mayor, aldermen, and commonaltj' of the city of 
 Toronto have no power to retain possession thereof or 
 arrange with the owners and proprietors or others interes- 
 ted in the land so taken in the straightening of the said 
 road for the value thereof or for damages claimed by them ; 
 And whereas it is expedient that authority be given to the 
 mayor, aldermen, and commonalty of the city of Toronto, 
 to straighten the said road and to arrange with the said 
 proi)rictors or owneis of land necessarily taken for that 
 purpose, or other persons interested therein, and that sucli 
 straight line should l)e made the northern boundary of the 
 said city of Toronto : 
 
 I'. 
 
 W- 
 
 . 1 .i 
 
 1'-; \\ 
 
 I ■ Id; * 
 
 
 m 
 
862 
 
 BOAD8 AND STCBBTB. 
 
 The line as 
 straightoued 
 to be the 
 northern 
 boundary of 
 Toronto ; and 
 tlie land sain- 
 ed veateain 
 corporation. 
 
 Therefore Her Maiesty, by and with the advice and oon> 
 BOul of the Legislative Council and Assembly of Canada, 
 enacts as follows : 
 
 1. From and after the passiiig of this Act the said con> 
 cession line so straightened ai aforesaid shall be taken to 
 be and shall be the northerly boundary line of the liberties 
 of the said city of Toronto ; and all the land lying between 
 the line so straightened and the line as originally run, 
 together with the land contained within the said original 
 line, shall be vested in the mayor, aldermen, and com- 
 monalty of the city of Toronto for the purposes herein- 
 after mentioned. 19-20 V. c. 96, s. 1, 
 
 tain condi 
 tions 
 
 Settlement of 2- AH claims for compensation to parties whose property 
 claims of per- shall be taken by virtue of the preceding section, shall be 
 ?rnd^°"'"*^ settled and adjusted by arbitration in the manner pre- 
 scribed by the thirty-third section of the Act passed in 
 the sixteenth year of Her Majesty's reign, and chaptered 
 one hundred and eighty-one. 19-20 V. c. 96, s. 2. 
 
 How '•»« J»nd 3.^ All the land lying between the new line of road so 
 
 fedealtVtth. straightened as aforesaid and the soatheu^ limit of the old 
 
 ' line, and vested in the mayor, aldermen, and commonalty 
 
 of the city of Toronto by this Act, shall be held by them 
 
 T«K» „«„„»„ in trust from time to time to convey the same to the 
 
 JO oe convoy* , , fliiiii* ii 
 
 ed to certain respective owners or proprietors of the land lying to the 
 pa,rtie8on cer- south of and immediately adjoining the said old line of road 
 or the person or persons having the legal estate therein, 
 according to the frontage of their respective lots thereon, 
 so soon as such owner or proprietor or such other person 
 or pei-sons as aforesaid, or any of them, shall have paid to 
 the said mayor, aldermen, and commonalty of the city of 
 Toronto, the value of their several and respective pieces of 
 land agreed upon at any time hereafter between the said 
 respective owners or proprietors, or other person or persons 
 as aforesaid, and the said mayor, aldermen, and com- 
 monalty of the city of Toronto ; and in case such value 
 shall not be agreed upon between them as aforesaid, 
 within one month after the passing of this Act, the same 
 shall be ascertained by arbitration in like manner as is pre- 
 scribed in the second section of this Act ; and in making 
 their award in the premises it shall be the duty of the 
 arbitrators to take into consideration all the circumstances 
 which have rendered necessary the said reference ; Pro- 
 vided always, that until the settlement of such value and 
 the payment thereof to the said mayor, aldermen, and 
 commonalty of the city of Toronto, it shall not be lawful 
 for any person or persons, or other party whomsoever, to 
 enclose or in any wise obstruct the said old line of road 
 under any pretence whatsoever. 19-20 V. c. 96, s. 3. 
 
 Proviso. 
 
 Public Act. 
 
 4. This Act shall be deemed a Public Act 19-20 V. 
 c. 96, s. 4. 
 
ROADS AND STREETS. 
 
 ssa 
 
 3. TOBK BOAPB. 
 
 20 Viot. O. 60. (a) 
 
 An Act to vest the York Roads in the County of 
 York, and to relieve the County of Peel from 
 all liability therefor. 
 
 [Assented to I8th September, 1865.] 
 
 WHEREAS the county eouncil of the united countie.s Preamble, 
 of York and Peel became the purchasers from Her 
 Majesty of the roads within the said united counties 
 commonly called and known as the York roads, for the 
 sum of seventy-two thousand and five hundred dollars : 
 And whereas since the said purchase the said county of 
 Peel has been separated from the said county of York, and 
 both of the said counties have petitioned that the said 
 York roads may be vested absolutely in the county of .; , 
 
 York, and that the count}' of Peel may be completely 
 exonerated from the payment of, and all liability for, the 
 said purchase money, and it is desirable to grant the 
 prayer of the said petitioners : 
 
 Therefore, Her Majesty, by and with the advice and 
 consent of the Legislative Council and Assembly of Canada, 
 enacts as follows : 
 
 1. The roads commonly called and known as the York York Roads 
 roads, purchased from Her Majesty by the county council vested in 
 of the late united counties of York and Peel, with all theyoi^jj" 
 tolls, rights, franchises, privileges, easements and appurte- 
 nances thereto belonging, shall be and are hereby vested 
 absolutely in the county of York, free from all claim of the 
 
 county of Peel, as fully and etiectually as if the said York 
 roads had been purchased from Her Majesty by the county 
 of York alone. 29 V. c. 69, s. 1. 
 
 2. The county of Peel shall be and is hereby exonerated County of 
 and discharged from the payment of the purchase money, l^^^l^''""'^" 
 and eveiy part thereof, of the said York roads, and no payment of 
 rate or tax shall be assessed, levied or made in the said purchase 
 county of Peel, on any ratable ])roperty in the said ™°"^.v <'f 
 county of Peel, for the said purcliase money or any part 
 thereof, nor shall the county of Peel be, in any other 
 manner liable for the said York roads. 29 V. c. 09, s. 2. 
 
 3- The whole of the said purchase money of the said The who:o of 
 \ork roads shall be paid to Her Majesty by the said such n'cmcv 
 county of York alone, and shall be assessed, raised tmd ^^onntyoi '^ 
 
 _ York, 
 
 (a) For former enactments referring to these roads See 12 Viet. c. 5 ; 
 1415 Vict. c. 124. !;;ee alaoO'J^eill v. York ami Feel, 15 U. C. C. P. 249. 
 4.) 
 
354 
 
 Public Aob 
 
 ROADS AND STREETS. 
 
 levied, when required, upon the ratable property in the 
 county of York alone, and all agreements, oy-lawa and 
 debentures, made by the said united counties of York 
 and Feel in respect to the purchase of the said roads, and 
 for the payment o£ the purchase money therefor, shall 
 be deemed and taken to be, and they are hereby de- 
 clared to be, the agreements, by-laws and debentures of 
 the county of York alone, and shall be as valid and bind- 
 ing upon the said county of York em if they had been 
 made by the county of York alone. 29 V. c. 69, s. 3. 
 
 4. This Act shall be deemed a Public Act. 29 V. c. 69, 
 8. 4. 
 
 47 Vict. 0. 59 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Assented to 2oth March, 1884.] 
 
 St. Matthew 
 tend St. 
 Mark's 
 wards. 
 
 2. (7) Within two months after the passing of this Act, 
 the council of the city of Toronto shall, by by-law take 
 possession of and assume all roads and bridges being 
 the property of and belonging to the county of York, 
 situate within the limits of the territory hereby annexed 
 to the said city (b) ; also including the Don bridge on the 
 Kingston road, together with that pait of King street 
 lying west of the said bridge, being the property of the 
 county of York, subject, however, to the right of the said 
 county to receive proper compensation therefor, and in 
 the e vent of the said council not being able to agree with 
 the said county on the amount of compensation for any 
 such road or bridge, then such compensation shall be de- 
 termined by arbitration under the provisions of the Oon- 
 solidated Municipal Act, 1883, in that behalf. 47 V. 
 c. 59, s. 2 (7). 
 
 ' * 
 
 7. * * To provide for the acquisition of roads and 
 bridges which the city is obliged to assume where the 
 limits thereof are extended by this or any other Act, 
 * * * it shall and may be lawful for the said coun- 
 cil of the city of Toronto to pass by-laws from time to 
 time, and as occasion may require, without obtaining the 
 assent of the electors thereto before the final passing 
 
 (6) See p. 22. ^ 
 
ROADS AND STUKiCTB. 
 
 856 
 
 thereof for borrowing money by the issue of debentures 
 or city stock on the credit of the city at larce to the 
 
 amounts and for the purposes following, that is to say : 
 
 • • • 
 
 (3) For paying the amounts, if any, which may from Paying 
 time to time be found due from the corporation of the city *'"°*"'*" 
 of Toi-onto, by agreement or arbitration, to the cor|)oration county of" 
 of the county of York, and to any plank or gravel road York or to 
 company, or to any other body corporate, or person or per- •"""P*"*®" *" 
 sons, for roads, bridges, or other works or improvements, ^][52|'" 
 assumed or to be assumed by the council of the city of 
 Toronto, by by-law, pursuant to the provisions of any Act 
 of the legislature of the province of Ontario respecting 
 the extension of city limits. 47 V. c. 69, s. 7 (3). 
 
 52 Vict. o. 77 (Ont.) 
 
 An Act respecting the York Roads aid the 
 Surveys thereof. 
 
 •^ ' '. [Assented to 2lird March, ISSd.] 
 
 WHEREAS the corporation of the county of York havj Preamble, 
 by their petition represented that the roads, com- 
 monly called and known as the York roads, comprising 
 Yonge street, the East York road, otherwise called the 
 Kingston road, Dundas street, otherwise called the West 
 York road, and the Lake Shore road, were granted and 
 conveyed to the united counties of York and Peel by His 
 Excellency the Governor-General of the late Province of 
 Canada in Council, by oi'der in council, dated the fourth 
 clay of April, 1865, and that upun the separation of the 
 county of Peel from the county of York the corporation 
 of the county of York acquired the said roads, and by an 
 Act of the Parliament of the Province of Canada, passed 
 in the twenty-ninth year of Her Majesty's reign, chaptered 
 6D, the said roads were vested absolutely in the corpora- 
 tion of the county of York ; and that the stakes or other 
 marks of the bounds of the said roads have disappeared 
 and encroachments have from time to time been made 
 upon the said roads by the erection of fences and other- 
 wise, and that disputes have arisen and the said corpora- 
 tion and their servants have been exposed to litigation, 
 and that it is desirable to determine such disputes and not 
 to expose the said corporation to the uncertainties ot liti- 
 
»6 
 
 ROADS AND STRRRTB. 
 
 SarvevB coa- 
 firmed. 
 
 Pending pro- 
 ceedinKS not 
 afiected. 
 
 f(ation, respecting the limitH of the snid roads ; nnd that the 
 said corporation has cnused to be made a survey of the 
 said Kingston road, otherwine called the East York road, 
 and a plan thereof, nnd a Hurvey of Dundas street nfore- 
 said, otherwise called the West York road, and n plnn 
 thereof to be made by Messrn. Unwin, Browne &, Sanltey, 
 Provincial Land Surveyors, and a survey of the LHk(5 
 Shore road aforesaid, and a plan thereof to be made by 
 John Thomas Stokes, civil engineer, showing the said 
 ronds, respectively, as at present defined ; and whereas the 
 said corporation has prated that the said surveys and 
 plans thereof may be legalized, confirmed and established, 
 and that an Act may be passed for that purpose ; and 
 whereas it is expedient to grant the prayer of the said 
 petition. 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of 
 Ontario, enacts as follows : — 
 
 1. The survey of that part of the Kingston road afore- 
 said within the county of York, made by Mes.srs. Unwin, 
 Browne & Sankey, a plan whereof has been made by them, 
 dated the 18th day of December, 1888, for the purpose of 
 defining the location and width of the said road and tlit 
 boundaries of the lands along the said road, and the survey 
 of that part of Dundas street aforesaid within the county 
 of York, made by Messrs. Unwin, Browne & Snnkey, a 
 plan whereof has been made by them, dated the 31st day 
 of December, 1888. for the purpose of defining the loca- 
 tion and width of the said road and the boundaries <>f the 
 lands along the said road, and the survey of the Lake 
 Shore road aforesaid, made by John Thomas Stokes, a 
 plan whereof has been made by him dated the 22nd day 
 of June, 1886, for the purpose of defining the location and 
 width of the said road and the boundaries of the lands 
 along the said road, shall be and the same are hereby 
 declared to be the true and unalterable surveys and 
 descriptions of the said roads, respectively, and the width 
 of the said roads, respectively, and the boundaries of the 
 lands along the said roads respectively, shall be as defined 
 on the said plans, and the said roads respectively, as defined 
 on the said plans, are hereby declared to have been and 
 are hej-eby vested in the said the corporation of the county 
 of York, their successors and assigns. 52 V. c. 77, s. 1 . 
 
 2. Nothing in this Act contained shall affect any mat- 
 ters in question in certain actions now pending in the High 
 Court of Justice between William Helliwell and Thomas 
 Stevenson, respectively, as plaintiffs against the .said county 
 of York as defendants or any matter in question in a cer- 
 tain other action in the said Court wherein the said county 
 of York are plaintiff's, and Ardngh and Leonard are 
 defendants. 52 V. c. 77, s. 2. 
 
SCHOOLS. 
 
 Sf7 
 
 3- Within one year ufter the pan-sing of this Act any Limitation «rf 
 piTHon claiiiiing that any of the said r()a«lsa.s defined in th 3 *|''{i w"' * 
 fsiiid plan uncruacliuN upon his rights may notwithstanding 
 this Act assert such claim and bring any action for that 
 jiurnose which may be thought nocessary ; and in case it 
 Nhall be esttiblishuu that any encroachment has taken place, 
 such person shall be entitled to compensation in respect 
 tliereoF, to be determined, in the event of the parties dif- 
 fering as to the same, in the manner provided by the arbi- 
 tration clauses of The Municipal Act, and the Court inRev. stato. 
 which such action is pending may in the action make all ^^' 
 such orders and give all such directions as may be neces- 
 sary for the purpose of having such compensation so 
 determined ana when determined paid. 52 V. c. 77, s. 3. 
 
 4. The plans of surveys of said roads, in section 1 Plana, 
 hereof mentioned, are hereby declared to be the plans 
 already tiled with the Commissioner of Crown Lands of 
 the Province of Ontario. 52 V. c. 77, s. 4. 
 
 ROSBDALE CRBBK SFWBR. 
 
 See Garrison Creek and Rosbdale Creek Sewehs. 
 
 SCHOOLS. 
 
 PAOK. 
 
 1. Generally 367 
 
 2. Brockton, Yorkville and Township of York 360 
 
 3. Parkdale 361 
 
 1. OENEBALLT. 
 82 Vict. o. 44 (Ont.) » 
 
 An Act to amend the Act respecting Common 
 Schools in Upper Canada. 
 
 ' ... . [Assented to 23rd January, 1869.] 
 
 Tkis Act made special 'provisions for the election of 
 School Trustees in Toronto ; it was amended by 87 V. c. 
 28, s. 73. and 39 V. c. 61, hut the provisions of all these 
 Ads, so far as they related to Toronto, were repealed by 4^ 
 V, c. 34, 8. 8. 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 
 ^ ^ 
 
 
 r^ 
 
 1.0 
 
 I.I 
 
 ^lli 125 
 
 US 
 
 m Itt 112.2 
 
 w Ig^ MB 
 
 ^ 1^ 12.0 
 
 Si 
 
 L25 i 1.4 
 
 M 
 
 Ml 
 
 1.6 
 
 
 O-T" 
 
 Hiotographic 
 
 Sciences 
 Corporation 
 
 23 WIST MAIN STRBIT 
 
 WEBSTIR.N.Y. MSSO 
 
 ( 71* ) 872-4503 
 
 

858 
 
 SCH0OL& 
 
 8QViot.o.61(Ont.) 
 
 An Act to amend the Act relating to the Election 
 of School Trustees in the City of Toronto. 
 
 [Assented to 10th jp'ebruary, 1876.] 
 
 8. The Board [of School Trustees of the city of Toronto] 
 in addition to the powera confen*ed .upon them under The 
 Consolidated Sdiool Act, 1874, in reference to the com- 
 pulsory taking of land for school sites, shall have the 
 power to settle all claims or rights had by any person or 
 persons other than the owner of the said land over nny 
 land so required as h site for a public school by arbitration 
 in thu same manner as is provided for the compulsory 
 extinguishment or settlement of the owner's rights over 
 the said land. 39 V. c. 61, s. 8. 
 
 \ 
 
 54 Viot o. 82 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Assented to ^th May, 1891.] 
 
 Election ( 
 
 ■ohool 
 
 truatees. 
 
 10. (1) Notwithstanding the provisions of The PubliG 
 Schools Act, 1891, all the raembere of the Toronto public 
 school board shall retire from office at the time appointed 
 for the next annual school election when a new board shall 
 be elected, the old board retaining office only until their 
 successor sh«Jl have been duly elected and the new board 
 organised. 
 
 (2) For every ward into which the city of Toronto is 
 divided by section 9 (tt) of this Act there shall be four school 
 trustees, two of whom after the next annual school elec- 
 tion shall continue in office for two years and until their 
 successors have been elected and the new board organized. 
 
 (3) Two of the trustees in each waixl (to be determined 
 by lot at the first meeting of the board after the next 
 annual school election, which determination shall be entered 
 upon the minutes), shall retire from office at the time 
 appointed for the next annual school election and the 
 other two shall continue in office one year longer and then 
 
 (a) See p. 33. 
 
SCHOOLS. 
 
 b§ ek 
 
 retire after which two trustees shall b§ elected annually 
 for each ward. 
 
 (4) In pursuance of the resolution of the present board 
 and the notice by them given to the city clerk the election 
 of the new inistees as aforesaid shall be held by ballot on 
 the same day as the municipal aldermen are ' lected at the 
 next annual election thereof, under the provisions of sec- 
 tion 103 of The Public School's Act, 1891, and sub-sections 
 thereof. 54 V. c. 82, s. 10. 
 
 359 
 
 2. BBOOKTON, TOBKVILLE AND TOWNSHIP OF TOBK. 
 
 47 Viot. 0. 47 (Ont.) 
 
 An Act to empower the Municipality of the Village 
 of Brockton to make Special Assessments and 
 for other purposes. 
 
 {Assented to 2.hth March, 1884.] 
 
 2. The said municipality [of BrocktonJ is hereby de- Senaration of 
 dared for school purposes to be separate from school^'}*"*?* from 
 section number twenty-two, and all acts, deecis and things 22, and acts 
 done by the school boai'd, or by the said village, at the of village and 
 request of the said public school board, since the incor- ?[5f^***** 
 poration of the said village, are hereby declared to be as Q,med. 
 valid and binding, notwithstf^nding any defect in, or non- 
 observance of, formal steps for altering the boundaries of 
 said section, or separating the said municipality fioui said 
 section after the incorporation thereof, as if such munici- 
 pality had been erected into a school section according to 
 law, and the said school board is hereby declared to have 
 all the rights, powei-s and privileges conferred on public 
 school boards of villages by an}' A.ct or Acts of the 
 Legislature of Ontario. 47 V. c. 47, s. 2. 
 
360 
 
 SGQOOLS. 
 
 4T Viot. a &0 (Ont) 
 An Act respecting the City of Toronto. 
 
 [Assented to 2oth March, lOSi.] 
 
 Certainsohool 3. AH the lands, property and effects which belonged to 
 ^orlkvi^ eto. °'" were vested in the public school bor.rd of the late 
 vested in' Village of YorkviUe, and of the village ot Brockton, in 
 public school the county o£ York, or in the public school trustecis of 
 Pronto. section number ten in the township of York ; or in the 
 public school trustees of section number six in the town- 
 ship of York, and all other public school property, situate 
 within the territory annexed by this Act (b) to the city of 
 Toronto, are hereby vested in and dedai-ed to be the pro- 
 perty of, and to belong to the public school board of the 
 city of Toronto, subject to any li<ibiMties existing agunst 
 the said properties or any debenture debt or other secu- 
 rities issued is respect thereof. 47 V. c. 59, s. 3. 
 
 School trua- 
 teea of sec. 6 
 
 tinued in 
 ofSce. 
 
 4. The public school trustees of section number six, 
 in township ^^ *^® tovnship of York, are hereby continued in oflSce as 
 of York con- regards that portion of said section not included as part 
 of the city of Toronto within the limits of the ward of 
 St. Matthe:^', as hereby formed under this Act, with power 
 to make arrangements for the annexation of the said por- 
 tion of the said section to any other school section of the 
 said township, and to settle all compensation, if any, due 
 to the same by the public school board of the city of 
 Toronto, or any other school section in the said township, 
 or in the event of any disagreement by arbitration as pro- 
 vided unde- The Public School's Act ' 47 V. c 59, s. 4. 
 
 Provisions 5. (1) Immediately after this Act comes into force, the 
 
 respecting necessary proceedings shall be had and taken for the elec- 
 
 aoEools*in ***^^ °^ ^^° Separate school trustees for each of the said 
 
 wards of St. wards of St. Matthew and St. Mark, under the statutes 
 
 Matthew and in that behalf, providing for filling vacancies occurring 
 
 St. Mark. during the year ; and the trustees elected at such election, 
 
 shall serve as separate school trustees on the separate 
 
 school board for the city of Toronto ; one for each of the 
 
 said wards for the balance of the current year ; and one 
 
 for each of the said wards for the curi'ent year and one year 
 
 thereafter, the order of their retirement to be determined 
 
 by lot betvveen them, and recorded by the secretary of the 
 
 said seperate school board at the first meeting thereof, to 
 
 be held after such election shall have taken place. 
 
 (2) All the lands, property, and effects which belonged 
 to or were vested in the separate school trustees of sec- 
 tion number twenty-two, in the township of York, or in 
 
 (6) See p. 22. , 
 
BCHOOLS. 
 
 the separate school trustees of section number six, in the 
 townsliip of York, are hereby vested in, and declared to 
 be the property of, and to belong to the separate school 
 board of the city of Toronto, subject to any liabilities 
 existing against the said properties, or any debenture or 
 other securities issued in respect thereof} and for which 
 said school boards or any of them, before the passing of 
 this Act, were responsible. ' ^ 
 
 (3) Whereas the annexation of the village of York- 
 ville (now the w^ard of St. Paul) to the city of Toronto, 
 deprived said school section number one of the support of 
 Roman Catholics resident in the said ward ; and where&s 
 said school section, before such annexation incurred a debt 
 which is scill outstanding for the erection of .". school- 
 house, the board of trustees of the Roman Catholic sep- 
 arate schools for the city of Toronto, is hereby empowered 
 to make an agreement to pay to the said section number 
 one, an annual sum for a term of years, but not exceeding 
 the term that said school section continues to maintain the 
 school-house so erected. 
 
 (4) T)ie election held in the year 1883 of trustees in 
 the ward of St. Paul for the board of trustees of the 
 Roman Catholic separate schools for the city of Toronto, 
 is hereby confirmed. 47 V. c. 59, s. 5. 
 
 361 
 
 3. PABKDALE. 
 
 52 Vict. o. 78 (Ont.) 
 An Act respecting the City of Toronto. 
 
 \A»Bented to 23rcZ March, 1889]. 
 
 18. The city of Toronto shall pay to the present inspec- Compensa- 
 tor of public schools for the county of York the sum of *'o° *<» school 
 $500 towards compensation for loss of salary resulting from "ou^ty of 
 the said annexation of the town ol Parkdale (c). 52 V. c. York. 
 
 i3, s. 18. 
 
 19. * * No act, deed, resolution or by-law Certain acta 
 of the public school board of Parkdale, made, done or passed ^^ school 
 since [the 7th day of March, 1889] imposing any new Parkdale not 
 liability upon the public school funds at the disposition bindingun- 
 
 — ■ less ratified 
 
 (c) Representation of Parkdale on school board on annexation of the 
 town to the city. Set 62 V. c. 73, s. 12 (2) p. 312. 
 
 46 
 
862 
 
 by achool 
 
 boArdof 
 
 Torantok 
 
 SCHOOLS. 
 
 of said board, or whereby any of said funds would be- 
 come payable to any person shall have any force, validity 
 or effect after the patising of this Act until ratified by 
 resolution of the public school board of the city of Toronto. 
 62 V. c. 73,8. l9,paH. 
 
 / 
 
 55 Vict. o. 00 (Ont^ 
 
 An Act respecting the City of Toronto. 
 
 [Assented to Uth Apnl, 1892.] 
 
 School pro- 7- AH property, both real and p3rsonal, owned by and 
 
 J^Jy-^Jd J; standing in the name of the Parkdale Public School Board, 
 
 Toronto A^ the date of the annexation of the town of Parkdale t;o 
 
 School Board, the city of Toronto, by virtue of the Act passed in the 
 
 52nd year of Her Majesty's reign, chaptered 73, is hereby 
 
 ^V' , declared to have passed under the said Act to, and th a 
 
 same is hereby vested in the Toronto Public School Board 
 
 for all the estote, right, title and interest of the Parkdale 
 
 • Public School Board therein. 55 V. c. 90, s. 7. 
 
 SEWERS. 
 
 See Qabrison Creek and Rosedale Creek Sewers. 
 
 SHERIFF. 
 
 See Gaol. 
 
STREKT RAILWAYS. 
 
 sea 
 
 STRBBT RAILWAYa 
 
 Paoi. 
 
 1. Toronto Stiucbt Railway Company 363 
 
 2. ToBONTO Railway Ck>uPANY 366 
 
 3. TOBONTO AND MlHIOO ElKOTBIC RAILWAY AND LlOHT COMPANY . . 447 
 4 MVTBOPOUTAN StSBET RAILWAY COMPANY 483 
 
 5. Toronto and Scarboro' Elbctrio Railway, Liqht and Power 
 
 Company (Limitkd.) 617 
 
 6. Stbkbt Railway Dkbintdbes— S'ee Drbt and Dbbentures. 
 
 1. TORONTO STREET BAILWAT OOBIPANT. 
 
 24 Viot O. 88. 
 
 An Act to Incorporate the Toronto Street Rail- ^ 
 way Company. \ 
 
 ."> [Aaeented to ISth May, 1S61.] 
 
 ■ ■;• - ' Effete. 
 
 82 Viot 0. 81 (Ont.) 
 
 An Act for the relief of the Toronto Street Eailway 
 Company, and to provide for the Sale of their 
 Railway, and for other purposes. 
 
 [Assented to 23rf? January, 1869.] 
 
 Efete. 
 
 86 Viot. o. 101 (Ont.) 
 
 An Act to remove certain doubts as to the Powers 
 of the Proprietors of the Toronto Street Rail- 
 way Company, and to Incorporate them and 
 others under the name of " The Toronto Street 
 Railway Company," and for other purposes. 
 
 [Assented to 29th March, 1873.] 
 
 Efete. 
 
M4 STREET HAILWA7S. 
 
 40 Viot 0. 85 (Ont.) 
 
 Ah Act respecting the Toronto Street Railway 
 
 Company. 
 
 [Aeaented to 2nd March, 1877.] 
 
 Effete. 
 
 X', ■■ 
 
 47 Viot. 0. 59 (Ont.) 
 An Act respecrl ig the City of Toronto. 
 
 [Assented to 25th March, 1884.] 
 Effete. ^ \ 
 
 47 Viot. o. 77 (Ont.) 
 
 An Act to authorize the Toronto Street Railway 
 Company to issue Mortgage Debentures, and 
 for other purposes. 
 
 [Assented to 25th March, 1884.] 
 
 - Effete. I 
 
 48 Viot. o. 80 (Ont.) 
 
 An Act to amend the Acts relating to the Toronto 
 Street Railway Company. 
 
 f 
 
 [Assented to 25th March, 1886.] 
 Effete. 
 
STREET RAILWATa 
 
 52 Viot. a 78 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Aaaentecl to 23rd March, 1889.] 
 
 18. The coiporation of the city of Toronto may, with Power to 
 the consent of the ratepayers, borrow from any bank or'^"^w^o' 
 other corporation or person who may be willing to lend ^-orontoT ** 
 the same, whatever sum may be required to enable the said street Rail- 
 corporation to acquire the ownership of the railways of^^y- 
 the Toronto Street Railway Company and cf all real and 
 personal property in connection with the working thereof, 
 at the expiration of the current term of the franchise of 
 the said company, under the agreement in that behalf • 
 
 between the said city and the said company, and may, if 
 necessary, issue debentures therefor, and may miinage and 
 operate the said railways, or (having acquired the said 
 property), may sell, lease or otherwise dispose of the same 
 to any one or more persons, firms or corporations, on such 
 terms and for such periods as may be agreed upon between 
 the city and said persons, firms or corporations. 52 V. c. 
 73, s. 13. 
 
 53 Viot. o. 105 (Ont.) 
 
 An Act respect'iig the City of Toronto. 
 
 [Assented to 7th April, 1890.] 
 
 1. — (1) The power conferred upon the corporation of the Corporation 
 city of Toronto by section 13 of the Act passed in the .52nd ""^y borrow 
 year of Her Majesty's reign, and chapter 73, to borrow, g^^y to pur- 
 with the consent of the ratepayers, whatever sum may be chase and 
 required to enable the said corporation to acquire the *^P.^'"*'^^_ **''**^' 
 ownership of the railways of the Toronto Street Railway 
 and all real and personal property in connection with the 
 working thereof at the expiration of tlie current term of 
 the franchise of the said company, shall not be subject to 
 the limitation of the borrowing powers of the said city, 
 contained in the first section of the Act passed in the .52nd 
 year of Her Majesty's reign, chaptered 74 or to any limi- 
 tation whatever ; and the said corporation may also bor- 
 row, with the consent of the ratepayers, whatever sum may 
 be required to manage and operate the said railway. 
 
368 STREBT RAILWAYS. 
 
 2. The word "ratepayers" in the said section shall mean 
 ratepayers entitled to vote on money by-laws, and the said 
 consent may be given by a vote upon a question to be sub- 
 mitted to such ratepayers without a by-law, and without 
 specifving the sum to be borrowed, aijd such vote shall 
 be taken before any applicution is made for an order for 
 possession as hereinafter provided.(a) 53 V. c. 106, s. 1. 
 
 68 Vict. o. 127 (Ont.^ 
 
 An Act respecting the Toronto Street Railway 
 
 Company. 
 
 [Assented to 7th April, 1890.] 
 
 Ffete. 
 
 I 2. TORONTO RAILWAY OOMPANT. 
 
 55 Viot. o. 99 (Ont.) 
 
 An Act to incorporate the Toronto Railway Com- 
 pany and to confirm an agreement between the 
 Corporation of the City of Toronto and George 
 W. Kiely, William McKenzie, Henry A. 
 Everett and Chauncey C. Woodworth. 
 
 [Assented to lUh April, 1892.] 
 
 Preamble. fXTHEREAS George W. Kiely, of the city of Toronto, 
 T T esquire, William McKenzie, of the city of Toronto, 
 contractor, Heniy A. Everott, of the city of Cleve- 
 land, in the state of Ohio, secretary of the East Cleve- 
 land Railway Company (Electric), and Chauncey C. 
 Woodworth, of the city of Rochester, in the state of New 
 York, esquire, have by their petition prayed for an Act of 
 incorporation for the purpose of enabling the company so 
 to be incorporated to acquire and take over from them 
 the contract or agreement made by und between the city 
 of Toronto and the said petitioners, bearing date the first 
 
 (a) The remaining sections of this Act are effete. 
 
 K 
 
STIIEET RAILWAYS. 
 
 307 
 
 day of September, 1801, to the end, iiitoat and pur|x>He 
 th^t the said company muy carry' out the ^iaid agreement 
 with the said city t»f Toronto for the purchase of Uio street 
 railways and properties and the street railway privilege 
 of and belonging to the sai<i city of Toronto and may 
 work the said railways, and have also prayed that the said 
 agreement may be confirmed : 
 
 Therefore. Her Majesty, by and with the advice and 
 consent of the Le<;islative Assembly of the Province of 
 Ontario, enacts as follows : — 
 
 . 1. The agreement between the corporation of the city Agraemenft 
 of Toronto and the said George W. Kieley, William Me- «M»fi«™«d. 
 Kenzie, Henry A. Everett and Chauncey C. Woodworth, > 
 hereinafter called "the purchasers," and the conditions 
 and tenders therein referred to and incorporateil there- 
 with which are fully set forth in the schedule " A " to \. 
 this Act, are hereby declared to be valid and legal and to 
 be binding upon the said parties thereto and it is hereby 
 declared that under the said agreement the purchasers ac- 
 quired and are entitled to the exclusive right and privlltige 
 of using and working the street railways in and upon tho 
 streets of the said city of Toronto, except that portion of 
 Yonge street, north of the Ontario and Quebec Railway, and 
 that portion of Queen street (Lake Shore road) west of 
 Duiferin street, and that the purchasers acquired and are 
 entitled to such right and privilege (if any) over the said 
 excepted portions of Queen street and Yonge street as the 
 corporation of the city of Toronto had at the time of the 
 execution of the said agreement power to grant for a surface 
 street railway for the full period of thirty years from the 
 first day of September, 1891, on all days except Sundays 
 and no longer, but subject, nevertheless, to all the conditions, 
 provisos and restrictions in the said agreement expressed 
 or contained, and as hereinafter mentioned. Provided 
 alwa3's that nothing contained in this Act nor the con- 
 firmation of the said agreement shall limit, interfere with, 
 affect or prejudice the rights and privileges (if any), of the 
 corporation of the county of York, or o' the Toronto and 
 Mimico Electric Railway and Light Company (Limited), 
 o,ver the said portion, of Queen street (Lake Shore road) or 
 of the corporation of the county of York, or the Metro- 
 politan Street Railway Company of Toronto over the said 
 portion of Yonge street, as they exist at the time of the 
 paasing of this Act ; provided that notwithstanding any- 
 thing in said schedule or in this Act contained, no street 
 car shall run on the Lord's Day, and further provided that 
 nothing herein contained shall prevent the operation of 
 a: y law which may hereafter be passed by this legislature 
 authorizing the running of street cars on said day. Bub 
 nothing herein contained shall extend to prohibit the doing 
 of any act which is not a contravention of the revised 
 
368 
 
 STREI-rr RAILWAY8. 
 
 /" 
 
 Incorpora- 
 tion. 
 
 Htaiute chapter 203, intituled nn Act to prevent the profa- 
 nation of the Lord's Duy, if an<l when Huch Act shall have 
 been approved of by the citizens by a vote taken on the 
 question as providetl by the 8aid agreements. 55 V. c. 99, 
 8. 1. 
 
 3. The Haid purchasers together with such other persons 
 or corporations as shall beconie shareholders of the com- 
 pany hereby incorporated are hereby constituted a body 
 corporate and politic by the name of " The Toronto Rail- 
 way Company," hereinafter called " The Company." 35 
 V. c. 99, 8. 2. 
 
 Companv em- 8. (1) The company is hereby au^) orized and empowered 
 poworeti t<. J.Q contract and agree with the purchasers and such other 
 way.' person or por.sons (if any) who may be interested with 
 
 them in the said agreement for the purcha.so thereof and of 
 all the saiil properties, rights and privileges, and the com- 
 pany may, on tne grant and a.ssi^ment thereof to it, take 
 and hold the same, and the company .shall thereupon and 
 thereby have vested in it all the right, title, interest, 
 property, claim, demand and privilege of the purchasers 
 subject, however, to all the liens, charges and obligations 
 upon which the same were heh] i)y the purchasers. 
 
 (2) The company may grant and issue its shares as paid- 
 up shares in payment or on account of payment of the 
 price agreed to be pairl to the purchasers for their rights 
 under the said contract or may give them credit on their 
 subsciiptions for shares on account thereof. 55 V. c. 99, 
 
 8.3. 
 
 4. (1) After the said agreement has been duly assigned 
 to the company, it shall, subject to the provisions and con- 
 ditions contained therein, have full and exclusive power to 
 acquire, con.struct, complete, maintain and operate on all 
 days except Sundays, and from time to time remove and 
 change, a doub'e or single track street railway, with the 
 necessary side-tracks, switches and turn-outs, for the 
 passage of cars, carriages and other vehicles adapted to 
 the same, upon or along all or any of the .said streets or 
 highways of the city of Toronto, subject to the exceptions 
 and under the qualifications contained in first section 
 hereof, and to take, transport and carry passengers upon 
 the same by the force and power of animals, electricity or 
 othei' motive power, in accordance with the terms of, and 
 .subject to the provisions of the said agreement, and to con- 
 struct and maintain and from time to time alter, repair 
 and enlarge all necessary and convenient works, stations, 
 buildings and conveniences therewith connected or re- 
 quired for the due and efficient working thereof, and to 
 purchase, acquire, construct oi manufacture all engines, 
 carriages, cars and other machinery and contrivances 
 
 Powers of 
 company. 
 
8TIIKBT RAII.WAY& 
 
 necosHary for the piirposeH of the unilei-taking, and Hhall 
 )iave full power to carry out, fulHI and execute the said 
 agreement and conditionH. 
 
 (2) If the city of Toronto desire to exercise the right of 
 taking over the pvoj^erty necessary to be used in the work- 
 ing of the railways at the termination of the said period 
 of thirty years it shall, not less than twelve months prior 
 thereto, give to the purchasers or the com|)any, as the 
 case may be, notice of its intention so to do. 
 
 (3) After the said city of Toronto shall have given 
 notice of its intention to take over the said property, it 
 may nt once proceed to arbitrate under the conditions in 
 that behalf anci both the city and the purchnsers or the 
 company, as the case may be, shall in every reasonable 
 way facilitate such arbitration, and the arbitrators ap- 
 pointed in the matter shall proceed so as if possible, to 
 make their award not later tnan i'.'e time named by the 
 city for taking over the said property. But if from any 
 cause the award shall not be made by such time or if either 
 party be dissatisfied with the award, the city may never- 
 theless take possession of the said railways and a'l the 
 property and effects thereof real and personal necessary- to 
 be used in connection with the working thereof on paying 
 into court either the amount of such award, if the award 
 be made, or if not upon paying into court or to the pur- 
 chasers or company, as the case may be, such sum of money 
 as a judge of the High Court of Justice may, after notice 
 to the opposite party, order and upon and subject and ac- 
 cording to such terms, stipulations and conditions as the 
 said court shall by its order direct and prescribe, provided 
 always that the rights of the parties except in so far 
 as herein specially provided shall not be affected or pre- 
 judiced thereby. In determining such value the rights and 
 privileges granted by the said agreement and the revenue, 
 profits and dividends being or likely to be derived from 
 the enterprise are not to be taken into consideration, but 
 the arbitrators are to consider only the actual value of the 
 actual and tangible property, plant, equipments, and works 
 connected with and necessary to the operation of the rail- 
 ways which is not to include any land, property Qr 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 the carrying on of the 
 same. 
 
 (4) In arriving at such value the arbitrators are to con- 
 sider and award only the value of the said several par- 
 ticulars to the city at the time of the arbitration, having 
 regard to the requirements of a railway of the best kind 
 and sy.stem then in operation and applicable to the said 
 citv. 
 
 4T 
 
874) 
 
 S1KEET RAILWAYS. 
 
 Power of com- 
 pany as to 
 acquiring 
 land. 
 
 (5) In the event of the city, at the expiration o' the 
 thirty years in the firsi. section of this Act mentioned, not 
 exercising its right to take over the real and personal 
 property necessary to be used in connection with the work- 
 ing of the said railways, the city may, at the expiration of 
 any ^^ucceeding year thereafter, exercise such right upon 
 giving not less than six months' notice to the company, 
 and the privileges of the company shall continue until the 
 city exercises such right ; provided always that whenever 
 the city shall RYercise such right of taking over the said 
 property the j^rovisions for det'^rmining the value thereof 
 herein contrjned shall apply in the same manner as if the 
 city had exercised its right at the expiration of the said 
 period of thirty years, bit V. c. 99, s. 4. 
 
 5- The company shall have power and authority to pur- 
 chase, hold and tak« by purchase of any corporation or 
 person any lands or other property necessary for the con- 
 struction, maintenance, accommodation and use of the 
 undertaking, and also to alienate, sell or dispose of the 
 same, but all such lands within the city of Toronto shall 
 be held subject to the condition^ of the said agreement 
 65 V. c. 99, s. 5. [ 
 
 Company ^, (1) The company is hereby authorized to enter into 
 
 enteHnto *** *"*^ execute a contract or agreement with the corporation 
 agreement of the city of Toronto for the purpose of assuming the con- 
 with city. tract and the covenants, agreements and obligations which 
 the said purchasers in and by their said agreement with 
 the said city of Toronto agreed to do, perform, fulfil and 
 execute ; and upon such agreement, which may be in the 
 form and to the effect set forth in schedule " B " to this 
 Act, being executed by the company and deliverd to the 
 city, the company shall be substituted for the purchasers 
 and the purchasers shall be for ever freed and discharged 
 of and from all and every covenant, condition and obliga- 
 tion entered into by them in and by the said agreement 
 forming schedule " A " to this Act. 
 
 (2) Notwithstanding anything in the said agreement or 
 in this Act contained nil school taxes and rates payable by 
 the said company shall be subject to and be governed by 
 ' the general law respecting school taxes of incorporated 
 companies as to all holders or owners of the stock thereof 
 other than the present ow.ier or holders. 55 V. c. 99, 
 
 ■ ■ S. 6. - -:. ..-•. ' . . ,v,. 
 
 Capital stock. 7- The capital stock of the company shall be $1,000,000 
 divided into 1 0,000 shares of $100 each. 55 V. c. 99, s. 7. 
 
 Head office. g. The head office of the company shall be in the city of 
 Toronto, in the province of Ontario. 55 V. c. 99, s. 8. 
 
STREET RAILWAYS. 
 
 371 
 
 and 
 the 
 
 this 
 the 
 
 ntor 
 ole by 
 ed by 
 ■}rated 
 ereof 
 99. 
 
 )0,000 
 IS. 7. 
 
 city of 
 
 18. 
 
 9. The persons mentioned by name in tho first .section Provisional 
 of this Act are hereby constituted provi.sional directorn of ^'"*'***"' 
 the company, and sliall hold office its such until otiier 
 directors shall be elected under the provisions of this Act 
 b}'' the shareholders; and shall have power and authority 
 to open stock-books, and to procure subscriptions for the 
 undertaking, and to call a {general meeting of the share- 
 holders for the election of directors, as hereinafter pro- 
 vided ; and the .said provisional directors, or a majority of 
 them, may, in their discretion, exclude any person from 
 subscribing. -55 V. c. 99, s. 9. 
 
 10 Aliens and companies incorporated abroad, as well '^'K^*' 
 as British sulgects and corporations, whether resident in ** ""*' 
 this province or elsewhere, may be shareholders in the 
 company, and all such shareholders .shall be entitled to 
 vote equally with British subjects, and shall also be eligible 
 for office "" directors of the company. 55 V. c. 99, s. 10. 
 
 11. No person shall be elected a director unLss he shall QuaWficationa 
 be the holder and owner of at least ten shares of the stock ° "**' "*■ 
 of the company, upon which all calls have l>een paid. 55 
 
 V. c. 99, s. 11. 
 
 12. When, and so soon as .shares to the amount of ^•"' gene^ 
 $100,000 of the capital stock of the company shall have^^2*( 
 been sub-scribed, and ten per cent, thereof .shall have been directon. 
 paid into one of the chartered banks of the Dominion, 
 
 having an office in the Province of Ontario, the provisional 
 directors shall call a general meeting of subscribers for the 
 purpose of electintj directors, giving at least ten day.s* 
 notice in the Ontario Gazette, and in one newspaper ;, ^ 
 
 published in the city of Toronto, of the time, place and ob- 
 ject of the said meeting ; and at .such general meeting the 
 shareholders. present, either in person or by proxy, who 
 shall at the opening of such meeting have paid ten per 
 cent, on the stock subscribed by them, shall elect five per- 
 sons to be directors of the above company in manner and • 
 qualified as hereinbefore described ; aind the Sum so paid 
 shall not be withdi'awn from the bank, except for the pur- 
 poses of this Act. 55 V. c. 99, .s. 12. 
 
 * 
 
 13. Thereafter the general annual meeting of the share- Subsequent 
 holders of the company for the election of a board of fivef^"""' ""«*"- 
 directors, and the transaction of other business connected 
 
 with, or incident to the unc^ertaking, shall be held at the 
 head office of the company, or elsewhere as the directors 
 may deem most convenient, on such day and at such hour 
 as may be directed by the by-laws of the company, and 
 public notice thereof shall be given at least four weeks 
 previously in the Ontario Gazette, and once a week for 
 the same period in some newspaper published in the city 
 of Toronto. 55 V. c. 99, s. 13v 
 
372 
 
 SntBET RiLILWATS. 
 
 Speoifti gener- 14. Special general meetings of the shareholdera of the 
 »l meeting!, company may be held at such places, and at such times, 
 and in such manner, and for such purposes as may be pro- 
 vided by the ^ ^ -mws of the company upon such notice, as 
 is provided ..i the last preceding section. 55 V. c. 99, s. 14. 
 
 Management 16 The affairs of the company shall be managed by the 
 of company, board of directors, a majority of whom shall constitu>a 
 quorum. 55 V. c. 90, s. 15. 
 
 Incorporation Ig. Sub-sections 1, 2 and 3 of section 16. of The Street 
 e m% W* ■'^aiiwtty A.ct are hereby incorporated herein Jind made 
 aub-B.'l,'2, ' part of and are to be considered as sections of this, Act and 
 and 3. are to apply to the acquisition by the comptny of sites for 
 
 power, buildings, and other necessary privileges. 55 V. 
 
 c. 99, s. 16. 
 
 Fares. 17. The farb of every passenger shall be due and pay- 
 
 able on entering the car or other conveyance of the company^ 
 and any person refusing to pay the fare when demanded 
 by the conductor oi driver, and refusing to quit the cur or 
 other conveyance when requested s«» to do, shall be liable 
 to n fine of not more than SlO, beside costs, and the same 
 shall be recoverable befora any justice of the peace. 55 V. 
 c. 99, s. 17. 
 
 18> Section 34 (except so much of sub-section 16 thereof 
 as is prohibitive of a person being chosen a director hy 
 reason of his holding any office, place or employment in 
 the company), sections 35, 36, 37 38 and 42 of The Railway/ 
 Act of Ontario, shall be incorporated with and be deemed 
 and taken to be clauses or sections and parts of this Act, 
 and shall apply to the company when not inconsistent with 
 the provisions herein and wherever in the said sections of 
 The Railxwiy Act the words " .special Act " occur they shall 
 mean this Act. 55 Y. c. 99, s. 18. 
 
 Power to 19- (1) The company shall have power by and with 
 
 2^™^**"*®* the consent of any of the local municipal corporations in 
 "* "'*'"" ^j^g county of York to acquire periods to build and 
 operate surface railways on all days except Sundays within 
 tiie limits of such nmnicipalities, over roads within their 
 jurisdiction by electric or other motive power, and upon 
 such terms and fconditions and for such periods, but not 
 to extend beyond the 31st day of August, 1921, as may 
 be agreed upon between the company and such local muni- 
 cipal corporation, subject to the rights and periods which 
 any other company or corporation may be entitled to for 
 or in respect of a surface street railroad within the liniit<i 
 of the said municipality. 
 
 (2) And the said local municipal corporations respec- 
 tively are hereby authorized and empowered to make and 
 enter into such agreements. ... . i 
 
 Certain provi 
 aionaofRev. 
 8tat c. 170, 
 incorporated. 
 
 railways. 
 
STllKET KAII.WATS. 
 
 373 
 
 eined 
 
 Act, 
 
 with 
 
 ns of 
 
 shall 
 
 with 
 t)ns in 
 and 
 rithin 
 their 
 upon 
 lit not 
 Is may 
 Iniuni- 
 Iwhich 
 Ito lor 
 1 liuuts 
 
 l-espec- 
 le and 
 
 (3) Upon the acquisition of such privilege the company 
 shall have ^ower to construct, build and operate a railway 
 or railwavii in ^iuch municipality or municipalities, over 
 roads within tiieir jurisdiction, in respect of which such 
 privil«>ge has been acquired, subject to the lernis and con- 
 ditions that may be contained in any such agreement or 
 agreements and subject as afuresiiid. 
 
 (4) Provided alwa^'s that if nny such IochI municipality 
 or any part thereof shall be annexed to tlu city of Toronto 
 during the said period of thirty years or any extension 
 thereof as hereinbefore provided the i-ailway or railways 
 belonging to the com [lany constructed wit'jin the said local 
 municipality or such part thereof ns may be aimexed as 
 aforesaid and the working thereof and the company in 
 relation thereto shall have all the rights conferred by and 
 be subject to all the terms and conditions of the said agree- 
 ment (being schedule " A " to this Act) and shall be released \ ^ 
 and discharged from all agreements, covenants and condi- 
 tions to the said Jocal municipality so far as the said rail- 
 way or railways are within the said city. 55 V. c. 99, s. 19. 
 
 20- The company shall also have power to enter into Agreement 
 agreements with any other company or corporation own- ■*'*•> o*^*' 
 ing a privilege for the operation of a surface railway within *^'"^"'*"' 
 tiie limits of the said local municipalities to acquire or 
 
 lease any such privilege, or to make traffic or operating 
 arrangements with any such company or corporation upon 
 such terms and conditions as the board of directors of the 
 contracting companies or corporations may fix and agree, 
 but every such agreement or arrangement must be sanc- 
 tioned at a special general meeting of the shareholders of 
 the company called for the purpose of considering the same 
 by a vote of at least two-thirds in value of all the share- 
 holders of the company. 55 V. c. 99, s. 20. 
 
 21- The company shall also have power by and with the Acquiring 
 consent of the councils of the respective municipalities to'an^sforpark 
 acquire and hold any lands or premises or any estate or P""!*^*"* 
 interest therein for park or pleasure grounds, and for no 
 
 other purpose within the limits of the c»ty of Toronto or 
 any of the said local municipalities, and the said company 
 is authorized to improve and lay out such lands or premises 
 for parks or places of public resort, to be used on all days 
 except Sundays, and to mortgage or lease the said lands or 
 premises or any portion thereof tis they may think expe- 
 dient, arid to sell from time to time such portions of such 
 lands a,.i they may deem unnecessary for the said purpos&s. 
 
 (1) Provided always that the land to be held as afore- 
 said, shall not exceed 300 acres, and not more than 100 acres 
 in one locality ; aiul it is hereby declared that any land or 
 premises, esta*>e, or interest therein which may be acquired 
 
S7« 
 
 STREBT RAILWAYS. 
 
 Bonding 
 pow«n. 
 
 by the company under the provisions of this section, shall 
 not be property which the city in taking over the real anrl 
 personal property of the company at iYe expiration of the 
 said period of thirty years, or any extension tiiereof shall 
 be bound to acquire. Provided, mo'.'eover, that th& com- 
 pany shall not under this section have power, to acquire any 
 lands after the lapse of seven years after the pa-ssing of this 
 Act ; and provided also that nothing in this section con- 
 tained shall be deemed to enable the company to carry on 
 the general business of a land company. 55 V. c. 1)9, 
 s. 21. 
 
 22- (1) The directoi-s of the company, under the autho- 
 rity of the shareholders, to them given at any .special gen- 
 eral meeting called for the purpose and in the manner 
 provided by this Act, at which meeting shareholders repre- 
 senting at least two-thirds in value of the subscribed stock 
 of the company, and who have paid all ciiUs due thereon^ 
 are present in person or represented by proxy, inay, subject 
 to the provisions in this Act con^^ined, issue bonds, deben- 
 tures, or other securities signed by the president or other 
 presiding officer, and countersigned by the secretary, which 
 counter-signature and the signature of the coupons at- 
 tached to the same may be engraved ; and such bonds, 
 debentures or other secureties may be made payable at buch 
 time not exceeding, however, in any case, the expiration of 
 thirty years from the fii-st day of September, 1801, and 
 in such manner and at such place or places in Canada or 
 »>lsewhere, and may bear such rate of interest not exceed- 
 ing six per cent, per annum as the directors think 
 proper : — 
 
 :• (a) The directors may issue and sell or pledge all or 
 any of the said bonds, debentures or other se- 
 curities at the best price and upon the best 
 terms and conditions, which at the time they 
 may be able to obtain, for the pui-pose of 
 raising money for prosecuting the said under- 
 taking. 
 
 (6) No such bond, debenture or other security shall be 
 ' for a less sum than one hundred dollars. 
 
 (c) The power of issuing bonds conferred upon the 
 
 '? company hereby shall not be construed as 
 
 . being exhausted by such issue, but such power 
 
 may be exercised from time to time* upon the 
 
 ., "^ bonds constituting such issue being with :irawn, 
 
 or paid oft* and duly cancelled. 
 
 (2) The company may secure such bonds, debentures or 
 other securities by a mortgage deed creating such nioit- 
 gages, charges and incumbrances upon the whole of such 
 property, assets, rents and revenues of the company, 
 
STREET RAILWAYS. 
 
 K resent or future or both, as nre described in the said deed, 
 ut such rents and revenues Hhall be subject in the first 
 instance to the payment of the working expenses of the 
 undertaking. 
 
 (a) By the said deed, the company may grant to the 
 holders of such bonds, debentures or other se- 
 curities, or the trustees named in such deed, all 
 • and every the powers, rights and remedies 
 granted, by this Act in respect of the said bonds, 
 debentures, or other securities, and all other 
 ■ . powers, rights and remedies not inconsistent 
 
 with this Act, or may restrict the said holders in 
 the exercise of any power, privilege or remedy 
 granted by this Act, as the case may be ; and 
 all the powers, rights and remedies so provided 
 for in such mortgage deed shall be valid and 
 binding and available to the said holders in 
 manner and form as therein provided. 
 
 (6) Every such mortgage deed shall be deposited in 
 the office of the Provincial Secretary, of which 
 deposit notice shall be given by the company 
 in the OntaHo Gazette. 
 
 (3) The bonds, debentures or other securities hereby 
 authorized to be issued, shall be taken and considered to be 
 the firat preferenti^',1 claim and charge upon the company, 
 and the privileges acquired under the said agreement by 
 this Act confirmed and the undertaking, tolls and income, 
 rents and revenues, and real and personal property thereof 
 at any time acquired, save and except as provided for in 
 the next preceding sub-section : — 
 
 And save and except the bonds or debentures for 
 $600,000 issued by the Toronto Street Railway Company 
 referred to in the said agreement so far as the same are 
 now a charge on the undertaking and subject to the 
 charges in favour of the city provided by the said agree- 
 ment. 
 
 (tt) Elach holder of the said bonds, debentures or other 
 securities, shall be deemed to be a mortgagee 
 or incumbrancer upon the said securities pro 
 rata with all the other holders, and no pro- 
 ceedings authorized by law or by this Act shall 
 be taken to enforce payment of the said bonds, 
 debentures or other securities, or of the interest 
 thereon, except through the trustee or trustees 
 appointed by or under such mortgage deed. 
 
 (+) If the company makes default in paying the prin- 
 cipal of or interest on any of the bonds, debentures or 
 other securities hereby authorized, at the time when the 
 same, by the terms of the bond, debenture or other security 
 becomes due and payable, then at the next annual general 
 
 875 
 
«76 
 
 STREET RAILWAYS. 
 
 ./ 
 
 / 
 
 meeting of the company, and at nil Hubnequent meetings, 
 all holders of bonds, debentures or other securities so being 
 and remnining in default shall, in respect thereof, have and 
 possess the sume rights and privileges and qualifications 
 for being elected directors and for voting at general meet- 
 ings as would atUich to them as shareholders if they held 
 fully paid up shares of the company to a corresponding 
 amount. 
 
 (a) The rights given l)y this sub-section shall not be 
 exercised by an}'' such holder unless it is so pro- 
 vided by the mortgage deed, nor unless the 
 
 ,>. V bond, debenture or other security in respect of 
 
 • . \ . which he claims to exercise such rights, has 
 been registered in his name, in the same man- 
 ner lis the shares of the company are registered, 
 ait least ten days before he attempts to exer- 
 cise the right of voting thereon, and the com- 
 pany shall be bound on demand to register 
 such bonds, debentures or other securities, and 
 thereafter any transfers thereof, in the same 
 
 1 manner as shares or transfers of shares. 
 
 (h) The exercise of the rights given by this sub-sectjcn 
 shall not take away, limit or restrain any other 
 of the rights or remedies to which the holders 
 of the said bonds, debentures or other se- 
 curities are entitled under the provisions of such 
 mortgage deed. 
 
 (6) All bonds, debentures or other securities hereby 
 authorized may be made payable to bearer, and shall in 
 that case be transferable by delivery, until registration 
 thereof as hereinbefore 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. 65 'v. c. 99, s. 22. 
 
 23> The issue of bonds, debentures or other securities by 
 this Act authorized, shall not exceed the sum of $35,000 
 for each mile of street railway track constructed or under 
 contract for constrriction at any time ; inclusive of their 
 tracks constructed or under contract for construction over 
 any lands acquired or which may be acquired for the pur- 
 poses thereof, and also of their tracks constructed or under 
 contract for construction authorized by section 19 of this 
 Act: Provided that such bonds, debentures or other 
 securities shall not in any way interfere with or prejudice 
 the right of the city in case it chooses to exercise its 
 right to take over the undertaking in pursuance and on 
 the terms of the said agreement in which case the said 
 bonds, debentures or other securities shall cease to be a 
 charge on the undertaking, but they shall nevertheless 
 be a charge on any moneys to be paid by the city therefor. 
 65 V. c. 99, s. 23 ; 66 V. c. 101, s. 1. 
 
STREBT RAILWAYS. 
 
 877 
 
 94* (1) Whereas among the terms embodied in ^^©'V*''))"**?!'-* 
 conditions referred to in the said agreement it is stipulated ^PJ[^^'"*^ 
 that the purchasers are to satisfy the treasurer of tne said 
 city that means are provided for meeting the payment of 
 such bonds or debentures as the company may issue at the 
 maturity thereof, and it is expedient to substitute in lieu 
 of such stipulations the following provision : — It is there- 
 fore enacted that the net proceeds of all or any of such 
 bonds or debentures issued in pursuance of the power by 
 this Act conferred shall be laid out and expended in the 
 purchase or acquisition of tl^e rails, rolling stock, motor, 
 buildings and lands required therefor, and other necessary 
 plant, fixtures and materials, and in the laying of such rails 
 and erection of such plant, and in execution and fulfilment 
 of the conditions of the said contract or agreement for the 
 change of the system entered into by the said purchasers 
 to be jissumed by the company as hereinbefore provided, 
 and in carrying out and completing the u.idettaking, and t 
 in the acquisition of such privileges and the construction 
 of such lines and works as may be required to enable the 
 company to run their cars to points beyond the limits of 
 the city of Toronto, provided that the aggregate distance 
 of such points from said limits shall not exceed fifteen 
 miles and that no one part of such aggregate shall exceed 
 five miles ; but the proceeds of such bonds shall not be 
 devoted to the acquisitioq of the privileges owned by any 
 other company or corporation for the operation of surface 
 railways in the county of York, without the consent firet 
 obtained in writing of the trustees to be named in the 
 mortgage deed. Nothing herein contained shall impair or 
 affect the rights of the said city or the obligations of the 
 company under se(5tion 16 of the agreement, forming 
 schedule A. to the Ac«. 55 V., c. 99, s. 24, sub-s. 1 ; 56 V. 
 c. 101, s. 2. 
 
 (2) It is hereby declared that all the bonds, debentures, 
 or other securities, at any time issued by the said company, 
 shall forthwith, after the issue thereof, be handed over to 
 trustees to be named in the mortgage deed, which, under 
 the provisions of the twenty-second section of this Act the 
 company is authorized and empowered to grant, for the 
 purpose of securing such bonds, debentures or other secu- 
 rities, and shall only apply the same from time to time 
 under the provisions of sub-section 1 of this clause, and as 
 such payments may be earned by the actual expenditure 
 of money for the purposes therein set forth and in dis- 
 charge of the said $600,000 of bonds or debentures. 
 55 V. c. 99, s. 24, sub-s. 2. 
 
 25. And whereas doubts have arisen as to the construc- 
 tion and effect of sections 21 and 22 of the said co; ditions, 
 it is hereby declared and enacted that the said company 
 shall not deposit snow, ice or t)ther material upon any 
 
 4S 
 
878 
 
 STREET RAILWATa 
 
 street, square, highway or other public place in the city of 
 Toronto without having first obtained the permission of 
 the city engineer of the said city or the person acting as 
 such. 65 V. c. 99, s. 25. 
 
 Negotiable 
 instmmenta. 
 
 Meaning of 
 "street," 
 ••the lands," 
 "the nnder- 
 taking." 
 
 The said company shall have power and authority 
 to become parties to promissory note's and bills of exchange 
 for sums not less than one hundred dollars, and any such 
 promi.ssory note or bill of exchange made, accepted, or 
 endorsed by the president or vice-president of the company, 
 and countersigned by the secretary and treasurer of the 
 company, shallbe binding on the company, and every such 
 promissory note or bill of exchange so made shall be pre- 
 sumed to have been made with proper authority, until the 
 "•ontrary. be shown, and in no case shall it be necessary to 
 have the seal of the company affixed to such promissory 
 note or bill of exchange ; Provided, however, that nothing 
 in this section shall be construed to authorize the said 
 company to issue notes or bills of exchange payable to 
 bearer, or intended to be circulated as money, or as the 
 notes or bills of a bank. 55 V. c. 99, s. 26. 
 
 27. In this Act "street" shall include any highway; 
 " the lands " shall mean the lands which by the special 
 Act are authorized to be taken and used for the purpose 
 thereof ; " the undertaking " shall mean the railway, and 
 works of whatever description, by the special Act autho- 
 rized to be executed. 55 V. c. 'j'd, a. 27. 
 
 SCHEDULE "A". 
 
 (Section 1.) 
 
 This Indenture made (in triplicate) the first day of 
 September, one thousand eight hundred and ninety-one. 
 
 Between the corporation of the city of Toronto, hereinafter 
 called the "corporation," of the first part ; and George 
 
 .■' Washington Kiely, of the city of Toronto, esquire; 
 William McKenzie, of the city of Toronto, contractor; 
 Henry Azariah Everett, of the city of Cleveland, in 
 the .state of Ohio, secretary of the East Cleveland 
 Railway Company, electric, and Chauncey Clark 
 Woodworth, of the city of Rochester, in the state of 
 New York, esquii-e, hereinafter called " the purchasers," 
 of the second part. 
 
 1. Whereas by virtue of an Act of the legislature of the 
 Province of Ontario, being 52 Victoria, chapter 73, inti- 
 tuled An Act respecting the city of Toronto, the corporation 
 of the city of Toronto *was empowered, after having 
 
STDEET RAILWAYS. 
 
 tvcquii'ed the ownership of the railways of the Toronto 
 Street Railway Company, and all the real and personal 
 property in connection with'the working thereof, to sell, 
 lease, or otherwise dispose of the same to any one or more 
 persons, firms or corporations, on such terms and for such 
 periods as might be agreed upon between the city and the 
 said ])ersons, firms or corporations. 
 
 2. And whereas under and by virtue of another Act of 
 the said legislature, being 53 Victoria, chapter 103, the said 
 corporation wa,s empowered to proceed to arbitration under 
 the 18th resolution of the agreement therein referred to in 
 order to determine the value to be paid by the said cor- 
 poration to the Toronto Street Railway Company for the 
 said railways and the said real and personal property. 
 
 3. And whereas the corporation proceeded with the .said 
 arbitration, and an award was duly made therein on the 
 loth day of April, A.D. 1891, whereby the said value was 
 determined to be the sum of $1,453,788 inclusive of cer- 
 tain outstanding debentures charged* upon the said under- 
 tiiking to the amount of $600,000. 
 
 4. And wliere&s the corporation paid into the High Court 
 of Justice, Chancery Division, the amount of the said 
 award and acquired the said railways and property and is 
 now in possession and full enjoyment thereof. 
 
 5. And whereas the said corporation resolved to sell the 
 said railways and all the property so acquired by the city 
 from the Toronto Street Railway Company, and also to 
 dispose of the right to operate surlace sti'eet railways in 
 the city of Toronto, as hereinafter mentioned, as more fully 
 appears from the said award and from the conditions, ten- 
 der and by-law which are annexed to this agreement and 
 made part and parcel thereof. 
 
 6. And whereas the corporation advertised for tenders for 
 the purchase of the said railways, property and privilege, 
 and the purchasers (Kiely, McKenzie & Everett), tendered 
 therefor, and their said tender was duly accepted by the 
 said corporation. 
 
 7. And whereas a by-law authorizing the execution of an 
 agreement between the coi'poration and said purchasers 
 was duly passed by the said corporation on the 27th day 
 of July, A.D. 1891, in pursuance whereof this agreement 
 has been duly prepared and approved. 
 
 8. And whereas the said purchasers have associated with 
 them the said Chauncey C. Woodworth as a partner in the 
 said undertaking. 
 
 9. And whereas the value of the horses, cars, harness, stock 
 and other movable property and effects referred to in the 
 fifth paragraph of the said conditions and payable in cash 
 has been settled for the purposes of this agreement at the 
 
 S79 
 
380 
 
 8TKEET IIAII.WAYS. 
 
 sum of $475,000, and it has been agreed by and between 
 the Haid parties that a HrHt lien or charge shall be created 
 by these presents upon all thfi property which is the sub- 
 ject of this agreement, and shall os held by the corpora- 
 tion thereon for the balance (namely, for the sum of 
 $378,788 and interest), of the amount of the said award, 
 subject only to the charge created by the said debentures 
 to the extent of $600,000 with interest. 
 
 10. Now this indenture witnesseth that the said corpora- 
 tion, in consideration of the said sura of $475,000 now paid 
 hy the purchasers to the corporation (the recei|)t whereof is 
 hereby acknowledged) and of the premises, doth by these 
 presents in pursuance of all the powers in that behalf 
 enabling it so to do sell, grant and assign to the purchasers, 
 their heirs, executors, administrators and assigns, all the 
 said railways and property acquired by the corporation 
 from the Toronto Street Railway Company as aforesaid 
 under and in pursuance of the said arbitration and award ; 
 and also all the extensions, additions and renewals to the 
 said railways and property, real and pci'sonal, made by 
 the corporation during its ownership of the railway ; sub- 
 ject to the said outstanding debentures and to the saiJ 
 ' charge above referred to, and to all the conditions herein 
 mentioned. To have and to hold to the purchasers, their 
 Z:^, heirs, executors, administrators and assigns, to their sole 
 
 and only use, subject as aforesaid. , ; 
 
 '^ ' 11. And this indenture further witnesseth that the corpor- 
 
 ation for the considerations aforesaid doth by these presents, 
 in pursuance of all the powers in that behalf enabling it 
 so to do, grant unto the said purchasers, their heirs, ex- 
 ecutors, administratoi's and assigns for a period of twenty 
 years from the date of these presents (which period shall 
 be renewed for a further term of ten years, and no longer, 
 in the event of legislation being obtained to enable this to 
 be done, the said corporation hereby undertaking at once 
 on request being made by the said purchasers to aid in 
 procuring the needed legislation to authorize such renewal 
 for such further period of ten years) the exclu. " ve right for 
 the said period of twenty years and the said extended 
 period of ten years, in the event of the said needed legisla- 
 tion being obtained, and no longer, upon the aforesaid con- 
 ditions to operate surface street railways in the city of 
 Toronto, excepting on the Island and on that portion, if 
 any, of Yonge street from the Ontario and Quebec railway 
 tracks to the north city limits over which the Metro- 
 politan Street Railway claims an exclusive right to operate 
 such railways, and the portion, if any, of Queen street west 
 (Lake Shore road) over which any exclusive right to operate 
 surface street railways may have been granted by the 
 corporation of the county of York, and also the exclusive 
 right for the same term to operate surface street railways 
 
HTRBKT RAILWAYH. 
 
 over the aiiid portions of Yonge Htreei and Queen street 
 west (Lake I hore road) above indicated ho far as the said 
 corporation can legally grant the sanie ; but this clause, 
 and nothing contained in this agreement shall give or be 
 construed to mean or give to the purchaseix the power to 
 engage in any other bubin&ss than that of operating sur- 
 face street railways as herein permitteil. 
 
 12. And it is mutually understood, declared and agreed by 
 and between the corporation and its successors and the pur- 
 chascrn, their heirs, executors, administrators and assigns, 
 that the said a'.ard, conditions, tender and by-law so 
 attached hereto as aforesaid are inco'^orutei with these 
 presents and made part and parcel thereof, and the said 
 parties mutually nnd respectively covenant, promise and 
 agree with each other to carry into effect, observe, perform 
 anil fulKI all the provisions and stipulations therein con- 
 tained and to be carried into effect, observed, performed 
 and fulfilled by the said parties and their aforesaids les- 
 pectively. 
 
 13. And the said purchasers for themselves, and.each of 
 them for himself, and for their ami each of their heirs, 
 executors, administrators and assigns, covenant, promise 
 and agree with the corporation, their successors and assigns, 
 as follows: that they will fulfil all the conditions, stipula- 
 tions and undertakings in this agreement contained, it 
 being understood that the refereitce to particular matters 
 to be |)erforroed by the purchasers shall not diminish or 
 limit the obligations of this agreement. 
 
 14. The said purchasei-s and their foresaids covenant as 
 aforesaid with the said corporation that they will pay to 
 the said corporation the said sum of $378,788 being the 
 balance of the said award in four equal quarterly' payments 
 on the first days of December, ikltirch, June and September 
 next, or the first juridical day thereafter, respectively, with 
 interest at the rate of five per cent, per annum from the 
 date of this agreement, on the amount thereof then remain- 
 ing unpaid. 
 
 15. And that they will yearly and'every year during the 
 term covered by this agreement pay to the corporation 
 through its city treasurer the sum of $800 per annum per 
 mile of single track, $1,600 per mile of double track, occu- 
 pied by the rails of the said railways within the said limits 
 (not including turnouts, the length of which are to be 
 approved of by the City Engineer), in four equal quarterly 
 instalments on the first days of January, April, July and 
 October in each year, or on the first juridical day thereafter 
 respectively, the first instalment to be the proportionate 
 part of the quarterly instalment accruing from the date of 
 these presents to the first day of October next. 
 
 16. And that they will monthly, and ever}' month during 
 the term covered by this agreement, on the first Monday 
 
881 
 
 STUKCT HAILWAYS. 
 
 f 
 
 / 
 
 of each month pay to the corpr •'«.tion through its c!ty 
 truaMurur, the iiurcuiiuigeN in the Haid conditionH and tender 
 referred to, Iwing the following iiercentageH of the grow 
 receipts from ptMsenger faren, freight, expretM and mail 
 raten, and all other HourceN of revenue derived from the 
 traffic obtained by the operation of the siiid railways, 
 namely : — 
 
 On all groM8 receipts up to 81,000,000 per annum, 8^ 
 
 Between 81.000,000 and 1,500.000 " 10% 
 
 1,500,000 and 2,000,000 " 12% 
 
 " 2,000,000 and 3,000,000 " 15% 
 
 And on all gross receiptsover3,000,000 " 20% 
 
 17. And it is further understood, declared and agreed 
 between the parties to these presents, that should the cor- 
 poration within a reasonable time eliminate from clause 31 
 of the said conditions, the provision requiring a class of 
 tickets to be sold at the rate of 8 tickets for 2o cents, for 
 use during certain speciHed hours of the day, then, and in 
 that event, the said purchasers for themselves, their execu- 
 tors, administrators and assigns, covenant, promise and 
 agree with the corporation and their successors that 
 they will in accordance with their said tender in that 
 behalf pay to the corporation and its successors during the 
 unexpired period of the said term covered by this agree- 
 ment two (2) per cent, of the said gross receipts, in addi- 
 tion to the percentages hereinbefore mentioned, such addi- 
 tional percentages to be payable monthly as aforesaid. 
 
 18 The purchasers, in addition to the other considera- 
 tions payable to the corporation for the said railways and 
 property, shall pay to the corporation the following items, 
 viz. : — 
 
 (1) The actual fost to the corporation of the extensions 
 and additions to the tracks, made by the corporation since 
 the acquisition thereof. 
 
 (2) The actual cost to the corporation of additions to 
 plant and materials for the use of the said railway handed 
 over to the purchasers. 
 
 (3) The actual cost to the corporation of the new horses 
 purchased since the railway has been acquired. 
 
 (4) One-half of the actual cost to the corporation of the 
 painting, renovating and other repairing done to the cars, 
 plant and appliances of the railway since the acquisition 
 thereof from the said street railway company. 
 
 19. The purchasers covenant that they will well and 
 truly pay to the holders of said hereinbefore mentioned 
 debentures as they mature the said sum of 8600,000, 
 thereby secured and interest thereon from the date of these 
 presents, and will indenmify and save harndess the corpo- 
 ration from all claims and deniands in respect thereof. 
 
HTIIEKT UAILWAYH. 
 
 20. That they will biiilil and e(|uip ui- cauho to lie built 
 and equipped a cur factory, within the liuiits of the city of 
 Toronto, for tno manufacture an<l repair of all the car.tand 
 railway plant used on the naid radways, and will there 
 continuously carry on, or cauHe to )>e carrieil on, hucIi ImihI- 
 neHs, and the manufacture and repair of all the Maid earn 
 and railway plant during the term covered by thiH agree- 
 ment, and that the performance of this clauNo may be 
 Hpecitically enforced by the order and injunction of the 
 High Court of JuHtice. 
 
 21. And it is hereby agreed that all the said railway 
 property liable to lu asHeHsed for school purposes, shall be 
 assessed for public school purposes, and that the rates 
 levied in respect thereof, shall be payable to the public 
 school funds of the city of Toronto. 
 
 22. And it is further understood, declared and agreed 
 between the said parties to these presents that the delivery 
 over and acceptance of the said property shall not inter- 
 fere with the rights of the parties under clause three of 
 the said conditions, but that notwithstanding this Act che 
 judge of the county court of the county of York shall 
 settle any difference that may arise between the parties in 
 respect thereof, and the sum so settled by him shall be 
 forthwith paid by the party liable to the party to whom 
 the same is found due. 
 
 23. And it is further Uiidei-stood, declared and agreed by 
 and between the said corporation and the said purchasers 
 that if the said purchasers form a joint stock company for 
 the purpose of carrying this agreement into cH'ect then, 
 upon payment of the said sum of S37^,7U8, and interest a.s 
 aforesaid, the said company shall, upon executing the ne- 
 cessary contract of substitution be substituted for the sai<l 
 purchasers, and the said clause 23 of the said conditions 
 shall apply to such company so to be formed as aforesaid, 
 and shall cease to apply to the individual purchasers who 
 shall thenceforward be discharged from all individual 
 liability in the premises. 
 
 24. And it is further declared, covenanted and agreed by 
 and between the parties to these presents that all the p>-o- 
 perty the subject of this agreement is hereb}' charged 
 with the payment of all the moneys to be paid under thid 
 agreement as the purchase money of the said property. 
 
 25. And it is further covenanted and agreed by and be- 
 tween the parties to these presents that the payment of the 
 said gross percentages monthly, and mileages quarterly, and 
 the fulfilment of the obligations of the said conditions shall 
 be a lien and charge on the .said railways and the property 
 used in the working thereof both before and after the 
 incorporation of the said company intended to be substi- 
 tuted as aforesaid in the place of the said purchasers, but 
 
 S83 
 
384 
 
 STREET RAILWAYS. 
 
 I 
 
 I 
 
 I 
 
 1 
 
 nt 
 
 this provision shall not interfere with the right of such 
 purcnaaers or of the said company after the payment of 
 the purchase moneys as aforesaid to sell and dispose of any 
 property which is not requii-ed for the operation of the 
 said railways; all the property however which replaces 
 that which may be sold or disposed of is to be charged 
 under this clause us the original property is now hereby 
 charged, and all after acquired pr(<perty is to be in the 
 same uianner charged for the fulfilment of the said obli- 
 gations. 
 
 26. And it is further covenanted and agreed by and 
 between the parties to these presents, that a sufficient sup- 
 ply of each of the classes of tickets mentioned in the said 
 conditions, shall at all times be kept for sale, and sold to 
 all persons desirous of purchasing the same, on all cars> 
 while 1 unning through the streets of the city, and also at 
 the public offices of the purchasers. 
 
 27. And it is further understood, declared and agreed by 
 and between the said parties that in fixing the allowance 
 to be made for horses which have been sold by the corpor- 
 ation and therefore not forthcoming under the provision 
 in clause 3 of the said conditions, the corporation shall 
 only be liable to account for and pay the price realized on 
 such sales. 
 
 28. And it is further understood, declared and agreed 
 by and between the said parties that the system of ac- 
 counts and bookkeeping to be adopted by the purchasers 
 shall be subject to the approval of the city treasurer and 
 the auditors appointed by the city. 
 
 29. And, it is further covenanted and agreed between 
 the parties to these presents that all conveyances, assur- 
 ances and instruments necessary to carry out fully these 
 presents shall from time to time be executed by the parties 
 hereto, the same to be settled by James S. Cartwright, Q.C., 
 registrar of the Queen's Bench Division of the High 
 Court of Justice in case the parties differ about the same. 
 
 30. All outstanding far-fare tickets issued by the cor- 
 poration or by the Toronto Street Railway Company prior 
 to the date hereof shall be accepted as fares by the pur- 
 chasers when presented by passengers on the conveyances 
 of the said railway subsequent to the date hereof ; and the 
 corporation agrees that upon such tickets being returned 
 to it from time to time, it will pay to the purchasers the 
 .same prices therefor for which such tickets were issued by 
 the corporation and the said Toronto Street Railway Com- 
 pany respectively. 
 
 In witness whereof the said corporation has hereto 
 affixed its corporate .seal, under the hand of Edward 
 
STREET RAILWAYS. 
 
 38S 
 
 Frederick Clarke, Esquire, mayor of the said city, and 
 Richard Theodore Coady, Esquire, city treasurer and 
 keeper of the said seal, and the said purchasers have set 
 their respective hunds and seals. 
 
 Signed, sealed and delivered "^ E.F.Clarke, 
 
 in the presence of t [seal.] Mayor. 
 
 Thomas Caswell, C R. T. Coady, 
 
 Ceo. Kapplle. ) Treasurer. 
 
 G. W. Kiely, 
 William McKenzie, 
 
 By his Attorney. 
 Nicol Kingsniill. 
 H. A. Everett, 
 
 C. C. WOODWORTH. 
 
 [seal.] 
 
 The Awa rd. Conditions, Tender and By-Law. 
 
 Referred to in the agreement hereto attached, dated the 
 first day of September, 891, between the corporation of 
 the city of Tor<»nto and George Washington Kiely, William 
 McKenzie, Henry Azariah Everett, and Chauncey Clark 
 Wood worth. 
 
 Conditions of sale of the Street Railway Franchise of 
 the city of Toronto, as adopted by the City Council, May 
 5th, 1891. 
 
 1. The privilege to be disposed of is the exclusive right 
 (subject as hereinafter provided) to operate surface street 
 railways in the city of Toronto — excepting on " the Island " 
 and on that portion (if any) of Yonge street, from the 
 Ontario and Quebec railway tracks to the north city limits, 
 over which the Metropolitan Street Railway Company 
 claims an exclusive right to operate such railways, and 
 the portion (if any) of Queen street west (Lake Shore 
 road) over which any exclusive right to operate surface 
 street railways may have been granted by the coi'poration 
 of the county of York — for a period of twenty years, 
 which shall be renewed for a further period of ten years 
 in the event of legislation being obtained to enable this to 
 be done; and the city will assist in endeavouring to secure 
 such legislation. 
 
 (a) Over those portions of Yonge street and Queen street 
 west (Lake Shore road) above indicated, the purchaser 
 .shall have an exclusive right to operate surface street rail- 
 ways, so far as the city can legally grant the same. 
 
 2. The party whose tender is accepted (and who is herein 
 called " the purchaser ") must take over all the property to 
 be acquired by the city from the Toronto Street Railway 
 Company, as it stands on the date of the acceptance of the 
 
 49 
 
MA 
 
 STREET RAILWAYS. 
 
 ! 
 
 I 
 
 tender, including the mils, points and substructures of all 
 tracks nov; laid, real estate, buildings, shops, rolling stock, 
 hoi"ses, machinery stock and all other articles covered by 
 the award of the board of arbitrntors at the amount of 
 said award. 
 
 3. Particulai-s of the said property are set forth in the 
 schedule attached to the nward of the stiid board of »iui- 
 trntors ; but the city will only undertake as to the tracks 
 actually constructed and the real esUite, buildings and 
 shops that all of the articles mentioned in said schedule, 
 will be forthcoming. 
 
 (a) The city will convey and deliver to the purchaser, 
 and the purchaser shall take over and pay for all tiie pro- 
 perty and effects (whether mentioned in said schedule or 
 otherwise) which the city acquires from the Toronto Street 
 Railway Company under the said award ; and if anything 
 mentioned in said schedule is not forthcoming, or if any- 
 thing is acquired by the city, »\s aforesaid, which is not 
 specified in said schedule, the purchase money to be paid 
 as herein provided, shall be subject to such increase or 
 abatement as may be agreed upon between the city and 
 the purchaser, or (in case they fail to agree within' ten 
 days after acceptance of tender) as shall be fixed by the 
 judge of the county court of the county of York, who is 
 hereby appointed solo arbitrator for that purpose, with all 
 the powers of arbitrators appointeil under the sections of 
 The Municipal Act relating to the appointment of arbi- 
 trators. 
 
 4. The purchaser must accept the title to the above pro- 
 perties which the city acquires or will acquire by viitueof 
 the award of the arbitrators, and must search the same 
 at his own expense, and the city is not to be bound to pro- 
 duce or shew any documents or evidences of title except 
 such as are in its possession or power. 
 
 5. The sum tendered for the above properties, except 
 horses, cars, harness, stock and other movable properties 
 and etfticts (which are to be paid for in cash at the tim<» 
 the contract is entered into) may either be paid in cash or 
 secured to the satisfaction of the city treasurer, and paid 
 in four equal quarterly payments, "counting from the date 
 of contract, ami bearing interest at the rate of five per cent, 
 per annum from May I'Jth, 1891, till paid. 
 
 N. B. — There is outstanding $G00,00() debentures issued 
 under the authority of the Act 47 Vict. (Ont) cap. 77, 
 bearing interest at six per cent, per annum, payable half- 
 yearly, and forming a cliarge upon the undertaking as in 
 said Act is provided. These debentures do not mature 
 until 1914. The purchaser tj\kes the property subject 
 to this charge, and also to certain existing mortgages 
 amounting to about $40,000, and a.ssumes payment of these 
 with the interest accruing thereon from date of purchase. 
 
STREET RAILWAYS. 
 
 387 
 
 .imll not chai-go the undertaking with 
 for a longor period than the term of 
 I'uist satisfy the cicy treasurer that 
 .such obliiiations at ma- 
 
 G. The purchaser 
 bonds or debenture 
 this contract, and piust satisfy 
 means are provided for meeting 
 turity. 
 
 7. At the termination of this contract, the city may (in 
 the event of the council so determining) take over all the 
 real and personal j^)roperty necessary to be used in con- 
 nection with the working of the said railways, at a value 
 to be determined by one or more arbitrators (not exceeding 
 three) to be appointed as provided in The Municipal . ct 
 and the Acts respecting Arbitrations and References, and 
 to have all the powers of arbitrators appointed under said 
 Acts, and each party shall beai- one-half of the cost of the 
 necessary arbitration at conclusion of term of lease, but) 
 th'. city shall only pay for the land conveyed by them to 
 the purchaser what it is worth without reference to its 
 value for the purpose of operating a street railway or 
 railways. 
 
 8. The city will construct, reconstruct and maintain in 
 repair the street rail »vay portion of the roadways, viz , for 
 double track, lUft-,. din., and for single track, 8ft. 3in., on 
 all sti'eets traversed by the railway system, but not the 
 tracks and substructure lequired for the said railways. 
 
 9. The purchaser shall pay to the city tx'Ciisui'er the sum 
 of eight hundred dollars per annum per mile of single track 
 (not including turn-outs), such sum or sums to be ptiid in 
 four quarterly instalments, as follows : Jam y 1st, April 
 1st, July 1st and October 1st of each year, or on the first 
 juridical day after each of the said days respectively, and 
 shall also pay the city treasurer monthly on the first Mon- 
 day in each month per cent, of the gross receipts from 
 passenger fai-es, freight, express and mail rates and all 
 other sources of revenue derived from traffic obtained by 
 operation of said street railway .system. All books, ac- 
 counts and vouchers kept by the purchaser shall be sub- 
 ject to monthly audit by auditors, to be appointed by the 
 city council, and all rea.sonable facilities for such audit 
 .shall be afforded by the purchaser. 
 
 Tracks, etc., and Roadways. 
 
 10. The purchaser shall maintain the ties, stringers, rails, 
 turn-outs, curves, etc., in a state of thorough efficiency and 
 to the satisfac^'ion of the city engineer, and shall remove, 
 renew or replace the same, as circumstances may require, 
 and as the city engineer may direct When a street upon 
 which tracks are now laid is to be paved in a permanent 
 manner, on concrete or other like foundation, then the 
 purchaser shall remove present tracks and substructures 
 and replace the same according to the best modern practice. 
 
 m 
 
888 
 
 STREET RAILWAYS. 
 
 ■'^. 
 
 / 
 
 by improved rails, points and substructures of such descrip- 
 tion as may be determined upon by the city engineer ns 
 most suitable for the pui*pose, and for the comfortable and 
 safe use of the highway by those using vehicles thereon, 
 and all changes in the present rails, tracks and roadl)ed 
 construction of new lines, or additions to present ones, shall 
 be done undo .; the supervision of the city engineer and to 
 his satisfaction. 
 
 (a) In the event of the purchaser desiring to make any 
 repairs or alterations to the ties, stringers, rails, turn-outs, 
 curves, etc., on paved streets, the purchaser shall re-pave 
 the portion of the roadway so torn up at his own expense. 
 
 11. When the purchaser desires or is required to change 
 any existing tracks and substructures for the purpose of 
 operating by electric or other motive power approved by 
 the city engineer and confirmed by the city council, the 
 city will lay down a permanent pavement in conjunction 
 therewith upon the track allowance (as herein defined) to 
 be occupied by such new tracks and substructures. This 
 shall first apply only to existing main Hi es and thereafter 
 to branch lines or extension of main li.ies and branches, 
 as and when the city engineer may from time to time 
 recommend and the city council may direct and require ; 
 but such tracks as are now laid on a permanently formed 
 roadway, must, when .so required as aforesaid, be changed 
 by the purcha.ser as hereinbefore provided, without aay 
 change of roadbed being made, or any expense occasioned 
 to the city thereby. 
 
 12. The gauge of the .system (4 ft. 11 in.) is to be main- 
 tained on main- lines, and extensions thereof, and branch 
 lines and extensions thereof ; and the location of the rail- 
 way on any street shall not be made by the purchaser or 
 
 . confirmed by the city council until plans thereof, shewing 
 the proposed position of the rails, the style of rail to be 
 used, and the other works in each such street have been 
 submitted to, and approved in writing, by the city engineer. 
 
 13. The tracks shall conform to the grades of the street.s 
 upon which they are respectively laid, and the purchaser 
 .shall not in any way change or alter the .same without the 
 written permission of the city engineer. 
 
 14. The purchaser will be required to establish and lay 
 down new lines and to extend the tracks and street cir 
 service on such streets as may be from time to time reconi- 
 niGiided by the city engineer and approved by the city 
 council, within such period as may be fixed by by-law to 
 be passed by a vote of two-thirds of all the members of 
 said council, and all such extensions and new lines shall 
 be regulated by the same terms aid conditions as relate 
 to the existing sj'stem, and the right to operate the r«.:i<'^ 
 shall terminate at the expiration of the term of this eon- 
 tract. 
 
STRKET KAILWATS. 
 
 389 
 
 15. No new lines cr extensions of existing lines shall lie 
 opened for traffic, until the purchaser has obtained a certi- 
 ficate in writing from the city engineer that the same has 
 heen constructed to his satisfaction. 
 
 16. The purchaser shall not extend any line of the said 
 rail way beyond theliinii/S of the city, or acquire, own, con- 
 trol oi operate ii line or lines connecting or in conjunction 
 with or adjoining a city line or lines forming practically 
 prolongations thereof, without first having had the plans 
 of the same [as to position, elevation and gradients on the 
 highway or crossings of highways, or until an agreement 
 has been entered into whereby such suburban line or lines 
 will be altered (at purchaser's expense) to conform to the 
 grades established by the city when the streets or routes 
 become city property or within its limits], approved, in 
 writing, by the city engineer, and confirmed by the city 
 council. 
 
 17. In case the purchaser fails to establish and lay down 
 any new line, as aforesaid, and to open the same for traffic, 
 or to extend the tracks and services on any street or streets 
 within such period as may be fixed by by-laws of the city 
 council, to be passed as herein provided, the privilege of 
 laying down such new lines or extensions on the street or 
 portion of street so abandoned by the purchaser, may be 
 granted by the said council to any other person or company, 
 and the purchaser shall in such case have no claim against 
 the city for compensation. 
 
 18. The city shall have the right to take up and replace 
 the streets traversed by the railway lines for the purpose 
 of altering the grades thereof, constructing or repairing 
 pavements, sewers, drains or conduits, or for laying down 
 or repairing water or gas pipes, and for all other purposes 
 within the powers of the corporation, without being liable 
 for any compensation or danmge that may be occasioned 
 to the working of the railway, or the works connected 
 therewith. 
 
 19. The privilege hereby granted is also subject to any 
 existing rights (statutory or otherwise) of any other corpo- 
 ra tion which now has power to open or take up the streets 
 of the city, such rights to be exercised with the permission 
 and under the direction of the city engineer. 
 
 20. The purchaser shall, within one year of from the 
 Kith day of May, 1891, discontinue the use of the buildings 
 as stables on Scollard street, and also the buildings on 
 Yorkville avenue. 
 
 21. The track allowances (as hereinafter specified), 
 whether for a single or double line, shall be kept free from 
 snow and ice at the expense of the purchaser, so that the 
 cars may be used continuously ; but the purchaser shall 
 not sprinkle salt or other material on said track allowance.s 
 
380 
 
 STREET RAILWAYS. 
 
 for the purpose of melting snow or ice thereon without the 
 written permission of the city engineer, and such permis- 
 sion shall in no case be given on Tines where horse power 
 is used. 
 
 22. If the fall of snow is less than six inches at any one 
 f time, the purchaser must remove the same from the tracks 
 
 and spaces hereinafter deiiued, and shall, if the city engi- 
 neer so directs, evenly spread the snow over the adjoining 
 portions of the roadway ; but should the quantity of snow 
 or ice, etc., at any time exceed six inches in depth, the 
 whole space occupied a" track allowances (viz. : for double 
 tracks, sixteen feet six inches, and for single tracks, eight 
 ^^ feet three inches), shall, if the city engineer so directs, lie 
 at once cleared of snow and ice and the said material 
 removed and deposited at such pc'nt or points on or t)ti the 
 sti'eetas may be ordered by the city engineer. 
 
 23. If the purchaser becomes bankrupt or insolvent, or 
 makes anv assignment for the benefit of creditors, or be- 
 comes subject to the operations of any winding-up Act, or 
 allows an execution against his goods or lands to remain 
 in the hands of the sheriff of Toronto unsatisfied for more 
 than ninety days, then and in any such case all the niiU, 
 stringers, ties, turnouts, points, sidings, etc., shall become 
 the pro|>erty of the city without compensation to the pui- 
 chaser. 
 
 24. Electric or other new system of motor, oi- a com- 
 bined system, appi'oved by the cll-y engineer and confirmed 
 by the city council as suitable, sha-ll be introduced within 
 one year, and used upon such portions of the following 
 streets as may be required by the city engineer and ap- 
 proved of by the council within three years of the date of 
 contract, viz. : Queen street, from eastern city limit to High 
 Park (or as near thereto as the city may then have power 
 to grant a right to operate a line on said street) ; King 
 street, from its intersection at Queen street and river Don 
 to intersection with Queen street at Roncosvalles avenue ; 
 Front street from Simcoe street to Frederick street ; Yonge 
 street, from Front street to Ontario and Quebec Railway 
 tracks; Frederick and George streets, from Front to King 
 street ; Sherbourne street, from King street to North 
 drive ; Elm avenue, from Sherbourne street easterly to 
 Glen road ; Spadina avenue, from King street to bloor 
 street ; Parliament .street, from Queen street to Carlton 
 street ; Genard street, from Greenwoods avenue to Parlia- 
 ment street ; Carlton street, from Parliament street to 
 Yonge street ; College street, from Yonge street to Jame- 
 son avenue, at intersection of Dundas street; Dundas 
 sti'eet, from Queen street to the bridge ; Bloor street, from 
 Sherbourne street to Roncesvalles avenue ; York street, 
 from Front street to Queen street ; McCaul street, from 
 Queen street to Col'ege street; Bathurst street, from King 
 
STREET RAILWAYS. 
 
 391 
 
 street to the Canadian Pacific Railway tracks, and Broad- 
 view avenue, from Queen street to Danforth avenue. 
 
 25. Until such changes are carried out in such a manner 
 as will permit its disuse, horse power may be continued on 
 branch and other lines, or parts of same, under written 
 permit from the city engineer, who shall also have the 
 right to order extra horse power to be employed on steep 
 grades. 
 
 26. The speed and seivice necessary on each main line* 
 part of same or branch, is to be determined by the city 
 engineer and approved by the city council. 
 
 Day Oars. 
 
 27. Day cai-s are to commence running on all routes not 
 later than 5.30 a.m., and to run until 12 o'clock midnight, 
 at such intervals as the city engineer, with the approval 
 of the city council, may from time to time determine. 
 
 Night Cars. 
 
 28. Night cars shall be run on such routes r.nd at such 
 hours and intervals ^s may be deemed necessary by the 
 city engineer and approved by the city council. 
 
 Tickets and Fares. 
 
 29. Single (cash) fares to be five cents each. 
 
 30. Fares on night cars to be double the ordinary maxi- 
 miim single fare rates. 
 
 31. A class of tickets must be sold at the rate of 8 for 
 25 cents, the same to be used only by passengers entering 
 the cars between the time tlie day cars commence running 
 and 8 a.m., and between 5 and 6.30 p.m. 
 
 A class of tickets must be sold at the rate of 25 for $1, and 
 Another class at the rate of 6 for 25 cents. 
 
 32. Children under nine years of age, and not in arms, 
 are to be carried at half fnre rates, and infants in aims are 
 to be carried free; school children are to have school tickets 
 at the rate of 10 for 25 cents, only to be used between 8 
 a.m. and 5 p.m., and not on Saturdays. 
 
 33. The payment of a fare shall entitle the passenger 
 to a continuous ride from any point on said railway to any 
 other point on a main line or branch of said railway within 
 the city limits ; and to enable this service to be carried 
 out, transfer arrangements must be mnde by the purchaser 
 to meet with the approval of the city engineer and the 
 endorsation of the council. 
 
 
sot STRKET RAILWAYS. 
 
 34. Police constables in uniform, detective police ofBcere 
 in the employ of the city, and (while a fire is in progress) 
 members of the city fire department in uniform, shnll be 
 curried free. 
 
 35. The purchaser shall be liable to, and shall indemnify 
 the city against all damages arising out of the construction 
 
 / or operation of the said railway system. 
 
 Cars. 
 
 , 36. Cars are to be of the most approved design for ser- 
 
 vice and comfort, including heating, lighting, signal appli- 
 ance, numbei's and route boards. They must be kept clean 
 / inside and out, and shall not exhibit advertisements outside 
 unless under permit from the city engineer. The platforms 
 must be provided with gates. Cars are to be used exclu- 
 sively for the conveyance of passengers, unless otherwise 
 permitted by the city engineer, and smoking will only be 
 allowed on the front platform of closed cars, and rear seat 
 and platform of open cars. 
 
 Conductors. 
 
 37. Each car is to be in chai-ge of a uniformed conductor 
 who shall clearly announce the names of cross streets as 
 the cars reach them. Conductors shall not permit ladies 
 or children to enter or leave the cars while the cars are in 
 
 \ motion, and shall only receive and discharge passengers on 
 
 / right or curb side of vehicle on double track routes. On 
 
 ' branch or light suburban lines, where horsepower is per- 
 
 mitted, single horse cars may ije run in charge of a uni- 
 formed driver. 
 
 38. Cars are not to be overcrowded (a comfortable number 
 of passengers for each class of cars to be determined by 
 the city engineer, and approved by the city council). 
 
 Stopping of Cars. 
 
 39. Cars shall only be stopped clear of cross streets, and 
 midway between streets where distance exceeds 600 feet. 
 Cars to have the right of wny, and vehicles or persons 
 not to obstruct or delay their operation. 
 
 \'- 
 Sunday Cars. 
 
 40. No car shall be run on the Lord's Day until a Sunday 
 service has been approved of by the citizens by a vote 
 taken on the question. 
 
 Workmen. 
 
 41. No employee shall be compelled to work in the 
 service of the railway for a longer period than 10 hours 
 per day, or than 60 hours per week, or on more than 6 
 
 ^•' •■ ■■-■•> 
 
STREET RAILWAYS. 
 
 893 
 
 davH per week, and no adult employee in the service of 
 the railway sha .. l>e paid less than 15 cents per hour. 
 
 42. Nothing herein contained shall be taken as coafer- 
 rin^ upon the purchaser any right to construct or operate 
 underground, overhead or elevated railways in the city of 
 Toronto, or a surfa'ie railway on the Island ; and the right 
 to construct or operate, or to authorize the construction or 
 operation of such railways in the said city, or in any part 
 thereof, is hereby expressly reserved. 
 
 43. In case of any dispute or difference of opinion arising 
 during the term of this contract between the purchaser and 
 the city as to the meaning or construction of this specifica- 
 tion, or of the contract to be prepared as herein provided, 
 the same shall be determined on summary application after 
 two clear days' notice to the other party oy the person 
 who, for the time beinj,', fills the office of judge of the 
 county court of the county of York, who may, as arbi- 
 trator, determine the same with the powers, as to costs 
 and otherwise, of arbitrators under The Municipal Act, 
 with right to appeal to the High Court of Justice fur On- 
 tario, whose decision shall be final. 
 
 44. The purchaser shall furnish to the city engineer 
 annually (on the first of January), a statement of tracks, 
 cars and all plants and appliances on hand on that date, 
 together with the value of the same. 
 
 
 Pknalty. 
 
 45. A deposit in cash, marked cheque payable to the 
 order of the city treasurer, or other security, to the value of 
 thirty thousand dollars ($30,000), and to the satisfaction of 
 the city treasurer, is to accompany each tender as a guar- 
 antee, returnable by city if offer not accepted. In the case 
 of the successful bidder, the amount of the deposit will be 
 retained until a formal contract, with bonds, etc., in the 
 usual form of city contracts, and to be approved by the 
 city solicitor, has been duly entered into, and will be for- 
 feited to the city if the party fails to completely execute 
 the contract within thirty days after the notification to 
 enter into the same. 
 
 46. In case of neglect or failure on the part of the pur- 
 chaser to perform any of the conditions of the contract to 
 be entered into in accordance with the above specification, 
 the purchaser shall in each such case of failure forfeit and 
 pay to the city the sum of SIO.OOO as liquidated damages 
 and not as a penalty. 
 
 47. The purchaser shall provide a waiting-room near the 
 corner of Front and York streets (Union Sbition), suitable 
 for the convenience of passengers taking the cars at this 
 point. 
 
 50 
 
 » 
 
 lii 
 
194 
 
 ■y^. 
 
 BTIIEET RAILWAYS. 
 
 N. B.— Persons who wulanit tenders on the foregoinjj 
 Npecification may also submit offers or tenders on their own 
 terms and in such event one deposit shall suffice. Perstms 
 may also submit offers or tenders on their own terms. 
 
 City Enoinkkks Office, 
 
 Toronto, May 6th, 18J)1. 
 
 AWAUD OF THE ArIUIRATORS. 
 
 Re The Toronto Street Railivay. 
 
 To whom ail these pi'esents shall come: 
 
 We, Edmund John Senkler, of the city of St. Ciitliai- 
 ines, in the county of Lincoln, and Province of Ontario, 
 judge of the county court of the county of Lincoln, and 
 Charles Henry Ritchie, of the city of Toronto, in the county 
 of York, and Province of Ontario, one of Her Majesty's 
 counsel learned in the law send greeting. 
 
 Whereas the corporation of the city of Toronto, hy 
 notice in writing bearing date the twenty-third daiy of 
 November, A. D. 1889, and under the corporate seal of the 
 said the corporation of the city of Toronto, and the hand 
 of Edward Frederick Clarke. Esquire, M.P.P., mayor of 
 the said city, and Richard Theodore, Coady, Esquire, 
 treasurer of the said the corporation of the city of Toronto, 
 and keeper of the city .seal, addressed to the Toronto 
 Street Railway Company, and served upon the said the 
 Toronto Street Railway Company upon the said the 
 twenty-third day of November, A. D. 1889, did require the 
 said the Toronto Street Railway Campany to take notice 
 that the 'jorporation of the city of Toronto intended, at the 
 expiration of the term of the franchise granted to Alex- 
 ander Easton, Esquire, by certain resolutions adopted by 
 the municipal council of the said corporation, on the four- 
 teenth day of March, 1861, and by a certain agreement 
 nnide on the twenty-,sixth day of March, 1*<61, between the 
 corporation of the city of Toronto and Alexander Easton, 
 and by a certain by-law of the said corporation passed on the 
 twentj'-second day o*" July, 1861, and numbered 353 (and 
 which franchise the said company then claimed the right 
 to exercise), and also of certain other franchises subse- 
 quently granted by the said municipal council at dlHerent 
 times for the said term to the Toronto Street Railway 
 Company, to assume the ownership of the railways of the 
 said compiiny, and of all real and personal property in 
 conn<;ction with the working thereof, on payment of their 
 value to he determined by arbitration. 
 
 And whereas by an order made in the High Court of 
 Justice, chancery division, by the Honourable the Chan- 
 
8TKKICT RAILWAYS. 
 
 895 
 
 cellor of Ontario, on Wednesday, the eighteenth day of 
 June, A. D. 1890, in the nmtter of an iirbitration between 
 the corporation of the city of Toronto and the Toronto 
 Street Railway Conipanv, and in the matter of the Acts 
 of the legislature of tlie Province of Ontario, 52 Victoria, 
 chapter 13, and oS Victoria, chanter 105, upon inotioi) that 
 day made unto the said court Ly Mr. Robinson, Q. C, of 
 counsel for the corporation of the city of Toronto, ami 
 upon reading the affidavit of C. R. W. Biggar, Q.C., a cer- 
 tain notice servetl by the said city of Toiiinto on the said 
 Toronto Street Railway company on the twenty-thirii day 
 of i\ovember, 188!) (being the notice hereinbefore recited), 
 the affidavit of Patrick Joseph McUorniack, being the 
 affidavit of service of such notice, and upon reading the 
 notice of motion therein, and a certain agreement made 
 between one Alexander Kaston and the said the corpora- 
 tion of the city of Toronto, on the twenty-sixth day of 
 March, A.D. 18(il (being the agreen'ient mentionetl and 
 referred to in saiti notice), and upon hearing counsel, the 
 Honouralde the Chancellor of Ontario did, pursuant to the 
 statute firstly above named by the said order, appoint 
 Edmund John Senkler, of the city of St. Catharines, judge 
 of the county court of the county of Lincoln, Samuel 
 Barker, E.squire, and Charles Henry Ritchie, (»ne of Her 
 Majesty's counsel learned in the law, the arbitrators to 
 ascertain the value to be determined by ai'bitration under 
 the said agreement. 
 
 And whereas the said arbitrators duly took upon them- 
 selves the Viurthen of the said reference and arbitration, 
 and duly weighed and considered the several allegations 
 made by and on behalf of the said the corporation of the 
 city of Toronto, and the said the Toronto Street Railway 
 Company, the parties thereto, and also the proofs, vouch- 
 ers, and documents which have been given in evidence 
 before them. 
 
 • 
 
 Now, therefore, we, the .said Edmund John Senkler, and 
 Charles Henry Ritchie, being two of the above named 
 arbitrators (Samuel Barker, the other of the said arbitra- 
 tors not joining in this award, although present at the 
 making thereof), do hereby make and publish this our 
 award of and concerning the matters so referred to us as 
 aforesaid, in manner following, that is to say: 
 
 We find, award, adjudge, and determine the value of the 
 railways of the said Toronto Street Railway Company, 
 and of all real and personal property in connection with 
 the working thereof, to be the sum of one million four 
 hundred and fifty-three thousand seven hundred and 
 eighty-eight dollai-s ($1,453,788). 
 
 We further find, award, adjudge and determine that the 
 said railways, and the said real and personal property so 
 
 « 
 
396 HTKEKT KAILWAYH. 
 
 valued by us, conMist of and include all the railwayH, and 
 all the real and personul property Hpecifled or mentioned in 
 ^ the Hcliedulo hereunto annexed, andal.^to all other railwHys 
 
 belonging to or worked or conHtructed by the Toronto 
 Street Rnilwiiy Company within the city of Toiontoafore- 
 Haid, and all other real and perHonal property of the Toronto 
 Street Railway Company UHcd or intended to be uised in 
 connection with their Maid railwayH or any of them, and 
 that the above mentioned sum so found by us, \i\ the value 
 of all said railways, and of all said real and personal pro- 
 perty, free and clear and fully and completely exonerated 
 and for ever discharged of and from all mortgages, deben- 
 , tures, bonds, debts.liens, encumbrances, claims and demands 
 whatsoevei-, either at law or in equity, and of every nature 
 and kind whatsoever. 
 
 We are of opinion that upon the true construction of the 
 agreement of tne twenty-sixth of March, 1861, between the 
 corporation of the city of Toronto and Alexander Elaston, 
 and the resolutions recited therein, the right and privilege 
 to construct, maintain and operate street railways upon 
 certain streets in the city of Toronto, was granted to the 
 said Easton for the period of thirty years from the date 
 therein mentioned only, and not m perpetuity, and that 
 all street railways constructed in the city of Toronto by 
 said Easton, or by the Toronto Street Railway Company, 
 \ have been constructed and optn'ated under privileges for 
 
 , the same term of thirty years and not in perpetuity, and 
 
 1 in valuing said railways we have valued the same as being 
 
 railways in use, capable of being, and intended to be used 
 and operated as street railways, but have not allowed 
 anything for the value of any privilege or francdiise ex- 
 tending oeyond said period of thirty years, as we consider 
 no privilege or franchise exists be^fond that period. 
 
 We are also of opinion that on the true construction of 
 the agreement of the nineteenth January, 1889, between 
 the Toronto Street Railway Company and the corporation 
 of the city of Toronto, the company is not entitled to be 
 paid for permanent pavements constructed by the city sub- 
 sequent to the thirty-first of December, 1888, and we also 
 think that such pavements cannot be considered us having 
 been constructed or paid for by the company as to entitle 
 it to any allowance therefor under the fifth section of 
 chapter fifty-eight, fortieth Victoria (Statutes of Ontario), 
 and we have, therefore, not allowed anything in respect 
 thereof. In valuing the pavements constructed prior to 
 the first January, 1889, we have not made any deduction 
 in respect of used life of such last mentioned pavements 
 subsequent to that date, as having regard to the terms of 
 the said agreement of the nineteenth January, 1889, we do 
 not think any such deduction should be made. 
 
 It was shewn in evidence before us that the property 
 valued by us is (in whole or in part) subject to the follow- 
 
HTHEICT IIAILWAYB. 
 
 397 
 
 ing oncuinbrancc*<, that is to nay : DubonturcM isNiiod l>y 
 the Toronto iStroot Railway Company under the authority 
 of the Act (HtatutcH of Ontaiio) forty-seven Victoria chap- 
 ter seventy -seven, for the principal Huni of six hundred 
 thou.sHn<l dollars, payable on tne first July, 1!H4, and 
 bearing interest at the rate of six per cent. |)er annum, 
 payable half-yearly. 
 
 Mortgage in favour of one Piatt for eight thousand dol- 
 lars (principal money), payable on the first July, 1H92, with 
 interest at the rate of six per cent, per annum. 
 
 Mortgage in fovour of one Crowther for one thousand 
 seven hundred dollars (principal money) pay.ole on the 
 twenty-eighth of April, 1891, with interest at the rate of 
 .six per cent, per annum. 
 
 Mortgage in favour of one Gooderhnm for twenty -six 
 thousand dollars (principal money) payable on the Hrst of 
 November, 1891, with interest at the rate of five per cent, 
 per annum. 
 
 Mortgage in favour of one Allen for two thousand five 
 hundred dollars (principal money), payable on the twenty- 
 .second December, 1891, with interest at the rate of six per 
 cent, per annum. 
 
 And mortgage in favour of one Parsons for two 
 thousand dollars (principal money), payable on the tirat day 
 of November, 1881, with interest at the rate of six i)er 
 cent, per nnnum. 
 
 By sub-section two of section two of chapter one 
 hundred and five, fifty-three Victoria (Statutes of On- 
 tario), it is provided as follows : 
 
 2. " Nothing in this Act contained .shall affect the rights 
 of the holders of the debentures heretofore issued under 
 the Act of this legislature 47 Victoria, chai)ter 77, but in 
 the event of the corporation of the city of Toronto taking 
 such possession, such debentures shall be and continue a 
 first charge upon the said railway and property as de- 
 clared by that Act, whether the same are retained by the 
 corporation of the city of Toronto, or are sold or leased by 
 them to any other persons or company, but this declaration 
 shall not be held or taken to prejudice or afifect any claim 
 which, on the part of the city of Toronto, may be contended 
 for before the arbitrator or arbitrators as to the amount at 
 which the liability created by the said debentures shall be 
 estimated or valued in calculating the amount to be paid 
 to the compan}' by or under the award." 
 
 And counsel for the city contended before us that under 
 the original agreement, coupled with this section, it was 
 our duty to ascertain and cletermine what amount should 
 be deducted from tlie value of the property in respect of 
 the difference between the rates of interest borne by the 
 
898 
 
 STREET RAILWAYS. 
 
 m 
 
 m 
 
 said debentures and mortgages, and the rate at which the 
 city could borrow money on its own debentures, and ad- 
 duced evidence to shew that the city could, on its own de- 
 bentures, borrow money at a considei-able lower rate than 
 six per cent, per annum. 
 
 Although we do not regard the matter as being free from 
 doubt, we are inclined to the opinion that the decision of 
 this question does not come properly within the scope of 
 the refei-ence to us, and therefore we have not taken it into 
 consideration, and our award is made without reference to 
 it. 
 
 We have thought it proper, in respect of the main ques- 
 tion of principle involved, to state on the face of the award 
 the basis upon which we have proceeded in arriving at 
 our valuation, so that if the conclusions of law w^e have 
 drawn and upon which we have acted, are erroneous, either 
 party may be in a position to seek such redress as the law 
 maj' allow. 
 
 In witness whereof we, the said Edmund John Senkler 
 and CharleK Henry Ritchie (being a majority of the said 
 arbitrators), have hereunto set our hands this tift^enth 
 day of April, A.D. one thousand eight hundred and ninety- 
 one. 
 
 (Signed) E. J. Senkler. 
 
 (Signed) C. H. Ritchie. 
 
 Signed and published the fifteenth day of April, A.D. 1891, 
 by the said Edmund John Senkler p.nd Charles Henry 
 Ritchie (the above-mentioned Samuel Barker being pre- 
 sent at the time although not joining in the award), in 
 presence of 
 
 (Signed) J. F. Middleton. 
 
 SCHEDULE. 
 
 Referred to in Annexed Award, Containing List of 
 the Real and Peksonal Property Included in 
 Valuation made by Arbitrators. 
 
 (1) All railway tracks of the Toronto Street Railway 
 Company now on the stieots of the city of Toronto, inr^lud- 
 ing curves, switches, cross-overs and turn-outs, stated to 
 be 68.72 miles measured in single track. 
 
 (2) The interest of the said company in all pavements 
 and roadbeds on the streets ';f said city (basis of valu- 
 ation of which is shewn in award). 
 
 (3) Lands, including all buildings and erections thereon : 
 
 (a) That freehold property of the Toronto Street Rail- 
 way Company on the south-east corner of Front and 
 
 »"^ 
 
STUEET RAILWAYS. 
 
 Fredarick streets, in the city of Toronto, liaving a frontage 
 of tw o hunilreJ feet on the south side of Front street, a 
 front age of two hundred feet and five inches on the north 
 side of Esplanade street, and a frontage of four hundred 
 and ifty-three on the east side of Frederick street, ex- 
 cept! ng thereout the lot known as the Currie lot, having a 
 frontage on Frederick street of eighty feet and two inches 
 by a ilepth of sixty-six feet. 
 
 {b) That freehold property of the said company on the 
 soutli-west corner of Front and George streets, in said 
 city, having a frontage of one hundred and thirty-eight 
 feet Jind five inches on the south side of Front street, a 
 frontage of four hundred and forty-three feet and three 
 inch( s on the west side of George street, and a frontage of 
 one hundred and thirty -four feet and three inches on the 
 nortl ^ side of Esplanade street. 
 
 (c) That freehold property of the said company on the 
 nortl I west corner of Front and Frederick streets, in said 
 city, having a frontage of one hundred and thirty-six feet 
 on tlie north side of Front street, and a depth of one 
 hunt' -ed and thirty -six feet and nine inches on the west 
 side ( f Frederick street. 
 
 (tilt That freehold property of the said company on the 
 south-east corner of King and St. Lawrence streets, in said 
 city, having a frontage of two hundred feet on the south 
 side of King .street, and a frontage of one hundred and 
 ninecy-three feet and nine inches on the east side of St. 
 Lawrence street. 
 
 (e ) That leasehold property of the said company on the 
 nortli side of St. Lawrence street occupied by them in con- 
 nection with the freehold pi'operty lastly above (Jescribed, 
 and held by the said company under lease from the trustees 
 of the Toronto General Hospital. 
 
 (/') That freehold property of the said company on the 
 sov.th side of Scollard street, in said city, commencing at 
 thi) south side of Scollard street nl a point distant one 
 hvndred and seventy feet westerly from the west side of 
 Ycnge street, and running westerly from that point three 
 hundred feet, and having a uniform depth of seventy-five 
 feet and eight inches, together with the leasehold property 
 of the .said company adjoining the same and used in con- 
 nection therewith. 
 
 (g) That freehold property of the said company on the 
 north side of Yorkville avenue, in said citv, commencinj; on 
 a point on the north side of Yorkville avenue, thvee hun- 
 dred and seventy feet westerly from the west side of 
 Yonge street, and running from that point westerly one 
 hundred feet, and having a uniform depth of one hundred 
 and sixty-five feet and eleven inches. 
 
 399 
 
400 
 
 STREET UAILWAYS. 
 
 (h) That freehold property of the said company on the 
 
 ^ west side of Yonge street, in the block between Davenport 
 
 road and Belmont street, in said city, known as lot number 
 
 four registered plan 270, having a frontage of ninety -seven 
 
 feet six inches on Yonge street, amd running back to a lane. 
 
 4. Rolling stock : — 
 
 (a) Cars — 90 two-horse cars (closed) including the 
 twelve o)'igiiiaI qavh purchased by the company ; 56 open 
 cars, 116 one-hoi"se cars. 
 
 / (6) Buses — 56 buses (Stephenson N. Y. make) ; 43 
 
 other buses. 
 
 (c) Sleighs — 40 car sleighs (Speight & Son, makers) \ 
 60 car sleighs (T. S. R. Co. make.) 
 
 6. Horses — The 1,372 horses belonging to the company 
 and referred to in schedules filed before arbitrators. 
 
 6. Harness, machinery in mill and miscellaneous chattels 
 appearing in schedules filed before arbitrators, the ydXnQ 
 of which has beeii fixed by the parties of the reference at 
 fifty-one thousand doUai'S, pursuant and subject to agree- 
 ment between them appearing at page 68 of volume 7 of 
 the shorthand reporter's notes of evidence taken before 
 arbitrators, which value the arbitrators have adopted. 
 
 7. Tracks in company's buildings, the value of which 
 has been agreed upon by the parties and adopted by the 
 arbitrators. 
 
 8. Horse feed on hand valued at ten thousand dollars. 
 
 9. Chattels enumerated in exhibit 188 filed before us, 
 the value of which has been agreed upon by the parties 
 and adopted by the arbitrators. 
 
 
 (Signed) E. J. Senkler 
 
 
 (Signed) C. H. Ritchie 
 
 Witness : 
 
 
 J. F. MiDDLETON. 
 
 •i. 
 
8TREBT RAILWAYS. 
 
 40t 
 
 SCHEDULE A. 
 ToROKio Strkkt Railway. 
 
 Length of TrMka in Operation. Length of Tracks Constructed but not in Operation. 
 Length of Tracks to be Constructed. 
 
 Stkebt. 
 
 From. 
 
 To. 
 
 In Operation. 
 
 Con- 
 structed 
 
 not 
 Opera'd 
 Double. 
 
 To UK Con- 
 
 STRUCTKl). 
 
 Single. 
 
 Double. 
 
 Single. 
 
 Double. 
 
 Front 
 
 Frederick 
 
 Don 
 
 Simcoe 
 
 Roncesvalles . . 
 
 feet. 
 370 
 
 feet. 
 
 4,632 
 
 16,335 
 
 33.747 
 
 13,479 
 
 4,036 
 
 1,450 
 
 feet. 
 
 feet. 
 
 feet. 
 
 King 
 
 Queen 
 
 College 
 
 Carlton 
 
 4,243 
 
 
 4,300- 
 2,230 
 2,386 
 
 Lee Ave 
 
 Yonge 
 
 Greenwood.... 
 
 Rumach 
 
 Sherboume 
 
 Queen 
 
 
 
 Sherboume 
 
 CC 
 
 Front 
 
 IC 
 
 <c 
 
 College 
 
 King 
 
 It 
 
 Queen 
 
 College 
 
 Union 
 
 High Park .... 
 Jameson .... 
 
 2,202 
 
 
 
 Parliament .... 
 
 
 
 
 Gerrard 
 
 Winchester 
 
 4t 
 
 Roncesvalles . . 
 
 650 
 1,454 
 
 
 650 
 
 8,686 
 
 Bloor 
 
 
 15,932 
 
 
 4,700- 
 
 Uroadview .... 
 
 Danforth .... 
 
 
 6,826 
 3,504 
 
 Parliament .... 
 
 Winchester . . 
 Glen Koad 
 
 301 
 
 
 
 
 Elm Ave 
 
 
 2,900 
 
 
 Sherboume 
 
 North Drive . , 
 Front 
 
 "m 
 
 2,995 
 
 146 
 
 252 
 
 8,532 
 
 12,764 
 
 2.144 
 
 3.338 
 
 7,930 
 
 11,302 
 
 394 
 
 5,843 
 
 2,846 
 
 
 2,950- 
 
 Frederick .... 
 
 
 
 
 George 
 
 (Church 
 
 
 
 
 Bloor 
 
 
 
 
 
 Yonge 
 
 York 
 
 C. P. Railway. 
 Queen 
 
 148 
 
 
 
 
 
 
 
 McCaul 
 
 Bloor '.,.'.'.... 
 C. P. Railway . 
 Wellington 
 
 "iis 
 
 
 
 
 Spadina 
 
 Rathur&t 
 
 
 
 
 Strachftn 
 
 
 
 
 
 
 Janieson 
 
 C. P. Railway. 
 Bloor 
 
 1,029 
 
 
 
 
 Dovercourt 
 
 
 3,300 
 4,980 
 
 
 
 Feet 
 
 Miles .... 
 
 
 
 
 
 
 6,370 
 1.20 
 
 152,595 
 
 28.90 
 
 20,175 
 3.82 
 
 11,750 
 2.22 
 
 25,752; 
 4.88 
 
 Summary. 
 
 Single tracks in operation 1.20 miles. 
 
 Double tracks reduced to single in operation 57.80 " 
 
 Curves reduced to single in operation 1.36 " 
 
 Cross-overs in operation 0.71 " 
 
 61 07 mile.s> 
 
 Double tracks reduced to single, constructed but not operated 7.64! 
 
 Double tituiks constructed (reduced to single) 9.76 
 
 Single tracks to bo constructed 2.22 
 
 Grand total 80.69 miles. 
 
 61 
 
wm 
 
 \ '' 
 
 402 STREET BAILWATS. ^ 
 
 SoHKOULB A.— Continued, 
 Vemoriftion of Tback, Showing Different Kinds of CoNSTBDonoN Laid on Sturs. 
 
 Street. 
 
 Front 
 
 King 
 
 Queen 
 
 College 
 
 Cartton 
 
 Cterrard 
 
 Winchester .... 
 
 Bloor 
 
 Broadview Ave. 
 Parliament .... 
 Sherbourne .... 
 
 Frederick 
 
 George 
 
 Church 
 
 Yonge 
 
 York 
 
 McCp-' 
 
 Spte :• t Ave.... 
 
 Bathnrst 
 
 Strachan Ave. . . 
 
 Dandas 
 
 Doveccourt .... 
 
 Single Track. 
 
 rXotala. 
 [Miles . 
 
 30 lb. rail. 
 5ii X 6ii 
 stringer. 
 
 4ii X 6i< tie. 
 
 30 lb. rail. 
 
 5ii X 8ii 
 
 stringer. 
 
 4ii X 6ii tie. 
 
 feet 
 
 47.354 
 8,933 
 
 ' i*,393 
 704 
 
 4,658 
 504 
 
 161 
 526 
 
 70,260 
 
 13.11 
 
 feet 
 8,111 
 
 13.472 
 8,072 
 
 31,864 
 13,652 
 
 iisiigo 
 
 7,351 
 7,321 
 
 4,288 
 
 6,677 
 
 3,091 
 
 22,605 
 
 " 71305 
 5,692 
 
 134,477 
 
 31.28 
 
 25 lb. rail. 
 5(1 X 6ii 
 stringer. 
 
 4ii X 6i< tie. 
 
 feet 
 1,311 
 5.199 
 32,343 
 4,555 
 
 i2,157 
 750 
 
 2,652 
 "396 
 
 9,325 
 
 628 
 2,228 
 
 61,554 
 
 11.65 
 
 25 lb. raiL 
 5m X 8ii 
 stringer. 
 
 4ti X 6n tie. 
 
 feet 
 
 9,713| 
 9.030 
 
 12,883 
 2,648 
 
 34,274 
 
 6.49 
 
 22 lb. raiL 
 5<i X 6ii 
 stringer. 
 
 4n X 6ii tie. 
 
 feet 
 
 212 
 21,521 
 
 21,733 
 
 4.11 
 
 Note. — Gauge of tracks, 4 ft. 11 in. ; devil's strip, 3 ft Ties and stringers are of pine. 
 The ties are spaced 5 feet between centres, and are 4 in. x 6 in. x 7 feet long. Stringers are 
 spiked to ties with 9 in. x ^ in. spikes, one through each tie, and knees are placed on the 
 outside of stringers only. 
 
 Joint knees weigh 5 lbs. each, and intermediate 2 lbs. 1 ox each. There are 9) miles 
 of iron rails ; the bE^ance are of steel. All curves, switches and diamond crossings are of 
 oast iron. 
 
 W 
 
STllt.. ' RAILWAYS, 
 
 403 
 
 •J 
 si 
 
 2 s 
 
 3 a 
 
 a 
 
 < ji — 
 
 S 
 
 o 
 
 I 3 « 
 
 ! 85 
 
 I a 
 
 
 a 
 o 
 
 fl 
 o 
 
 a 
 
 > 
 
 c 
 
 JS 
 
 to 
 
 s 
 
 "! -s 
 
 go 
 
 3 
 
 3 
 C 
 
 o 
 O 
 
 
 
 S in" CO to 
 
 3) 
 
 
 i 
 
 5 
 
 99 
 
 
 i a » 
 
 
 s a 
 
 - 13 I 
 
 ■2-S S I 
 
 i^_ < 
 
 2 
 
 -3 J" so 
 
 W O M 
 
 •^ So 
 
 43 
 
 , a 
 
 s 2 
 
 •* so 
 
 <i s 
 
 y. * 
 
 = 3 
 c * 
 
 C H 
 
 
 
 £ 
 
 o 
 
 o 
 
 13 
 
 O) 
 
 
 13 
 'J 
 
 3D 
 
 
 TS » » 
 
 -H * -« w o 
 
 «0©OS_t-;_0 
 
 efoi'N tO'1"" 
 
 00 o 
 
 00 
 
 i« « ^ 
 
 «•« 
 
 o d 
 
 00 9 
 00 ■* 
 
 t!"e 
 
 a CM) v 
 £ M 9 
 
 -^d 
 
 tag 
 "^ 4) • -c c 5 
 
 •c 
 
 -a 
 
 
 in 
 
 30 ^ ao!M a> in 
 
 •-< 05 ^N e<5 «5 to 
 -H"ef « ec «" 
 
 SgO 
 3 
 
 a ki <>< 
 o o^ 
 
 0> 
 
 > 
 o 
 
 a s o 
 
 8^ 
 
 
 t^ go 
 O t^ 
 U5 of 
 
 TS "8 
 
 
 © m 
 00 o 
 
 «"e 
 
 
 So? 
 S3 
 
 Is 
 
 11 
 
 .3 
 so 
 
 1 ec 
 
 
 00 
 
 .a 
 
 g 
 
 Q 
 
 00 r- 
 
 00 
 
 
 CQ PQgq 
 
 13 
 
 43 
 
 o 
 u 
 
 > 
 o 
 C) 
 
 
 ■SB » 
 
 •§ - Ml 
 -§1-1 
 
 31 3 
 
 ^ 
 
 o 
 
404 STREET RAILWAYS. 
 
 Tenders OF Kiely, Evereti' & McKenzie. 
 ' ;" No. 1. 
 
 Annual Percentages of Groaa Receipta. 
 
 1. Up to $1,000,000, 7 1-10 per cent. 
 
 2. From $1,000,000 to $1,500,000, 8 1-10 per cent. 
 
 3. From $1,500,000 to $2,000,000, 9 1-10 per cent. 
 
 4. From $2,000,000 to $2,500,000. 10 1-10 per cent., and 
 / advancing 1 per cent, on each additional $500,000. 
 
 6. If the city guarantee bonds at four per cent., one per 
 cent, a year on the amount to be paid to the city for the 
 guarantee. 
 
 No. 2. 
 
 6. If class of tickets 8 for 25 cents stiuck out, an addi- 
 tional two per cent, per annum on gross receipts to be added 
 to each of the said annual percentages. 
 
 No. 3. 
 
 _/ ! 7. If paragraph nine struck out, an annual paj'^ment of 
 
 i $13t),000, if paragraph nine and tickets 8 for 25 cents both 
 
 ' struck out, an annual payrjent of $151,000. 
 
 (Signed) 
 (Signed) 
 (Signed) 
 
 G. W. Kiely. 
 Wm. McKenzie. 
 Henry A. Everett. 
 
 Tender No. 1. 
 
 Of George W. Kiely, of Toronto, 580 Jarvis street ; William 
 McKenzie, of Toronto, 623 Sherbourne street, and Henry 
 A. Everett, of Cleveland, Ohio, Secretary of East Cleve- 
 land Railway Company (electric), for the privileges to 
 be disroi'ed of by the corporation of the city of Toronto 
 under the amended conditions for the privilege of oper- 
 ating surface street railways within the limits of the 
 city of Toronto, as adopted by the city council May 5th, 
 1891. 
 
 We, the said George W. Kiely, William McKenzie, and 
 Henry A. Everett, called purchasers under the said con- 
 ditions, respectfully submit to the corporation of the city 
 of Toronto the following tender, based upon the said con- 
 ditions (a copy of which is hereto annexed). 
 
 1. We ofter to pay to the corporation of the city of To- 
 ronto under section 9, 7 1-10 per cent, per annum of the 
 gross receipts in addition to the other money provided for 
 in said section. 
 
 e 
 
stri<:et railways. 
 
 *' 
 
 40S 
 
 2. And we, the said purchasers, further offer that should 
 the said gross receipts described as aforesaid be in excess 
 of $1,000,000 and not greater than $1,500,000, then the 
 purchasers will pay on any excess over $1,000,000, 8 1-10 
 per cent, per annum of said gross earnings to the said city 
 •of Toronto. 
 
 3. And w< the said purchasers, further offer that should 
 the said gros.s receipts be in excess of $1,500,000 and not 
 greater than $2,000,000, then the purchasers will pay on 
 any excess over $1,500,000, 9 1-10 per cent, per annum of 
 said gross earnings to the said city of Toronto, and the 
 further sum of one per cent, per annum upon each additional 
 $500,000. 
 
 And we, the said purchasers, further ofter that if the city 
 of Toronto shall procure the necessary' legislation to guar- 
 antee debentures bearing four per cent, interest proposed 
 to be issued by said purchasers to an amount not to 
 exceed in the aggregate the sum of $2,000,000, the said 
 sum or any part thereof to be used solel}' for the purpose 
 of equipping the street railway with the improvements 
 contemplated by the said specifications ; we, the said pur- 
 chasers, will pay to the city of Toronto in addition to the 
 sums hereinbefore enumerated, an additional sum of money 
 equal in amount to one per cent, per annum on the amount 
 of debentures issued by said purchasers and guaranteed in 
 the manner hereinbefore provided. 
 
 This tender is made upon the faith that an electric rail- 
 way system will be approved and confirmed under section 
 24 of the specifications, unless some new system shall in 
 the meantime be devised for the operation of street rail- 
 ways which is not more expensive and is equally commer- 
 cially successful with known electric system. 
 
 This tender is to apply to the purchasers or to any com- 
 pany incorporated by them for the purpose of carrying 
 out this tender. 
 
 Respectfully submitted, 
 
 (Signed) G. W. KiELY. 
 (Signed) Wm. McKenzie. 
 ' (Signed) Henry A.Everett. 
 
 Dated at Toronto, this 26th day of May, A.D. 1891. 
 
 Tender No. 2. 
 
 Of George W. Kiely, of Toronto, 580 Jarvis street ; Wm. 
 McKenzie, of Toronto, 623 Sherbourne street ; and 
 Henry A. Everett, of Cleveland, Ohio, secretary of East 
 Cleveland Railway Company (electric), for the privileges 
 to be disposed of by the corporation of the city of 
 
 if 
 
 i*a 
 
 m 
 
 -i '■'•*H 
 
406 STREET RAILWAYS. 
 
 Toronto under the amended conditions for the privilege 
 of operating surface street railways within the limits of 
 the city of Toronto, as adopted by the city council, May 
 6th, 1891. 
 
 We, the said George W. Kiely, William McKenzie, and 
 Henrj- A. Everett, called purchasers under the said condi- 
 tions, respectfully submit to the corporation of the city of 
 Toronto the following alternative tender based upon the 
 afoi'esaid specifications : 
 
 They repeat all the allegations of their tender No. l.and 
 / make them a part hereof as fully as though they were 
 "^ herein written, but modified as follows, to wit: 
 
 That if the city of Toronto will eliminate from clause 31 
 of the specifications the words, " A class of tickets must be 
 sold at the rate of eight for twenty-five cents, the same to 
 be used only by passengers entering the cars between the 
 time the day cars commence running and 8 a.m., and be- 
 tween 5 and 6.30 p.m.," the said purchasers offer to pay to 
 the city of Toronto two per cent, of the gross receipts in 
 addition to the percentages that they have oflfered to pay 
 under their tender No. 1 . 
 
 Respectfully submitted, 
 
 I (Signed) G. W. Kiely. 
 
 ] (Signed) Wm. McKenzie. 
 
 (Signed) Henry A. Everett. 
 
 Dated at Toronto this 26th day of May, A.D. 1891. 
 
 - . ■ ' Tender No. 3. 
 
 Of George W. Kiely, of Toronto, 580 Jarvis street ; Wil- 
 liam McXenzie, of Toronto, 623 Sherbourne street ; and 
 Henry A. Everett, of Cleveland, Ohio, secretary of the 
 East Cleveland Railway Company (electric), for the 
 privileges to be disposed of by the corporation of the 
 city of Toronto under the amended conditions for the 
 privilege of operating surface street railway's within the 
 limits of the city of Toronto, as adopted by the city 
 council, May 5th, 1891. 
 
 We, the said George W. Kiely, William McKenzie, and 
 Henry A. Everett, called purchasers under the said con- 
 ditions, respectively submit the following alternative tender 
 to the coi"poration of the city of Toronto, based upon the 
 said conditions (a copy of which is hereto annexed) sub- 
 . ject to the following qualifications : 
 
 We hereby make our tender No. 1 a part hereof as fully 
 as though herein written, except as to section No. 9 of the 
 . Y specifications, and that portion of section No. 31 providing 
 
 ■ < for eight tickets for twenty-five cents. _ 
 
STREET HAILWAYS. 
 
 We offer, in lieu of section No. 9 of the specifications, to 
 pay to the city of Toronto during the period covered by 
 the purchase, the sum of $136,000 per annum, payable in 
 four equal quarterly payments. 
 
 And we further offer that if the said portion of section 
 31 providing for eight tickets for twenty-five cents shall 
 also be eliminated, we will pay to the city of Toronto dur- 
 ing iho period covered by the purchase, the sum of J151,- 
 000 per nnnum, payable in four equal quarterly payments 
 the .said sum of $151,000 to be in lieu of section No 9 and 
 that portion of section No. 31 providing lor eight tickets 
 for twenty -five cents. 
 
 Respectfully submitted, 
 
 (Signed) G. W. Kiely. 
 (Signed) Wm. McKenzie. 
 (Signed) Henry A. Everett. 
 
 Dated at Toronto this 26th day of May, A.D. 1891. 
 
 407 
 
 Amended Tender of Kiely, Everett and McKenzie for the 
 To^'onto Street Railxoay. 
 
 Toronto, June 26th, 1891. 
 
 Alfred McDougall, Esq., Chairman of the Street Railway 
 Committee, City. 
 
 Dear Sir, — At the meeting of the Street Railway Com- 
 mittee on the evening of the 25th inst., our clients decided 
 to withdraw all their tenders and to consider whether they 
 would substitute a fresh tender in the direction of the 
 claims made by the mayor, and some of the aldermen, 
 that the percentages should increase at a higher progres- 
 sional ratio. 
 
 Our clients expected to have received their tendera and 
 deposits this a.m., but we are informed by the clerk and 
 treasurer that a formal resolution of the council is neces- 
 sary. 
 
 We enclose an amended tender which our clients have, 
 after consideration, decided to make, and we confirm the 
 former tenders, amended by the enclosed tender, in the 
 rate of gross percentages, and we confirm the deposit of 
 $30,000 as the deposit for security. 
 
 Yours respectfully, 
 
 (Signed) Kinosmill, Symons, Saunders and 
 
 Torrance. 
 
 Bain, Laidlaw & Co. 
 
408 
 
 STRErr llAILWAYM. 
 
 >' 
 
 Toronto. 25tli June, 1891. 
 
 To the corporation of the city of Toronto, and to Alfred 
 McDimgall, Esq., cliairman of the Street Railway Com- 
 mittee : 
 
 We, George W. Kiely, William McKenzie, and Honry A. 
 Everett, offer to buy the privilege of operating surface street 
 railways in the city of Toronto, on the basis of the amen- 
 ded conditions, and to pay the following rates of percent- 
 ages of annual gross receipts, namely : 
 
 (1) Up to 81,000,000 8 per cent 
 
 (2) From $1,000,000 to «1,600,000.. 10 " 
 
 (3) " $1,500,000 to 82,000,000.. 12 " 
 
 (4) " $2,000,000 to 8.3,000,000 . . 15 " 
 All over 83,000,000 20 " 
 
 And we make this offer on condition that it shall be dis- 
 posed of without any unnecessary delay. 
 
 Yours respectfully, 
 (Signed) 
 
 . / 
 
 G. W. Kiely. 
 Wm. McKenzie. 
 H. A. Everett. 
 
 \ 
 
 No. 2920. A By-Law. 
 
 To authorize a certain agreement between Messrs. Keily, 
 Everett and McKenzie and the city of Toronto for 
 the lease of the Toronto Street Railway. 
 
 [Passed July 27th, 1891.] 
 
 Whereas the corporation of the city of Toronto has 
 acquired the ownership of the railways of the Toronto 
 Street Railway Company, and all the real and personal 
 property in connection with the working thereof, and has 
 asked, by public advertisement, for tenders from persons 
 willing to acquire the said railways and the privileges of 
 operating surface street railways in the city of Toronto. 
 
 And whereas George W. Kiely, William McKenzie and 
 Henry A. Everett have tendered for the acquisition of 
 such railways and the privilege of operating surface street 
 railways, as shown by report No. 12 of the street railway 
 committee and appendices thereto, which report was 
 adopted by council on the 21st day of July, 1891, and it 
 is advisable that the tender of the said Messrs. Kiely, 
 McKenzie and Everett be accepted by the said cor- 
 poration: 
 
STKEKT RAILWAYS. 
 
 509 
 
 Tlierefore the municipal council of the corporation of 
 the city of Toronto enacts as follows : 
 
 That the mayor and city treoBurer be authorized and 
 empowered to execute and ufKx the city Heal on liehalf of 
 the city to an agreement between the corporation of the 
 city of Toranto and the said Messrs. Kiely, McKcnzie and 
 Everett, based on the specifications and conditions for the 
 privilej;i;e of operating surface street railways within the 
 city of Toronto, as adopted by the city council May 5fch, 
 1891, and the said tender of the said Messrs. Kiely, 
 McKenzie and Everett, as contained in the appendix to 
 said report No. 12 of the said street railway committee, 
 provided that such agreement be drawn, settled and 
 approved of by the city solicitor and counsel learned in the 
 law ; and provided further that the date of execution of 
 the contract shall be taken to be the date of acceptance of 
 the tender for the purposes of the second paragraph of the 
 said conditions, and provided further that no claim shall 
 be made by Me.ssrs. Kiely, Everett and McKenzie, or be 
 allowed by this council lor any depreciation of property 
 during the time the city has charge of the said street 
 railway. 
 
 I certify that I have examined this bill and that it is 
 correct. 
 
 E. F. Clarke, 
 
 Mayor. 
 
 John Blevins, 
 
 City Clerk. 
 
 Council Chamber, Toronto, July 27th, 1891. 
 
 Witneaaea : 
 Thomas Caswell. 
 Geo. Kappele. 
 
 G. W. Kiely. 
 Wm. McKenzie. 
 
 By Ida Attorney. 
 
 NiCOL KiNQSMlLL. 
 
 H. A. Everett. 
 
 C. C. WOODWORTH. 
 
 Province of Ontario, 
 County of York 
 To Wit 
 
 o. ) ] 
 . [of 
 it : ) esq 
 
 I, George Kappele, of the city 
 Toronto, in the county of York, 
 esquire, make oath and say : — 
 
 1. That I was personally present and did see the fore- 
 going agreement and award, conditions, tender and by-law 
 attached thereto, duly signed, sealed and executed in 
 triplicate by the within named George Washington Kiely ; 
 William McKenzie, by his attorney, Nicol Kingsraill, Henry 
 Azariah Everett, and Chauncey Clark Woodworth, four of 
 the parties thereto. 
 
 2. That the said agreement and award, conditions, 
 tender and by-law attached thereto in triplicate were 
 executed at the city of Toronto aforesaid. 
 
 3. That I know the said parties. 
 
 52 
 
 % ;. 
 
 '5S11 
 
 
 fi 
 
410 
 
 RTREET RAII.WAYH. 
 
 4. Thai I ntn A Nii))Hci-ibin^' witnoHH to the said agree- 
 ment and award, condiiioiiN, ten<lor and hy-law attached 
 thereto in triplicatf, nnti that the nainn " Oeorj,'e Ku|»p»'le" 
 Hubscribed to the naid agreement and nwartj, conditions, 
 tender and by-law attacliucl thereto in triplicate, is in the 
 proper handwriting of me tlii^ deponent. 
 
 Sworn before ine at the city of " 
 Toronto, in the county of York, 
 thiH first day of September, A.D. 
 1891. 
 
 C. R. W. BiooAR, 
 
 A Gommieeioner for taking Ajjidavita, etc. 
 
 Geo. Kappele. 
 
 SCHEDULE B. 
 
 (Section 6.) 
 
 This agreement made this day of in the year 
 
 of our Lord, one thousand eight hundred and ni' '-two, 
 between the Toronto Railway Company, hereina... iiiled 
 *' the company " of the first part, the corporation ot the 
 city of Toronto, hereinafter called " the corporation " of the 
 second part, and George Washington Kiely, William Mc- 
 Kenzie, Henry Azariah Everett, and Chauncey Clark 
 Woodworth, hereinafter called "the purchasers" of the 
 third part. 
 
 Whereas, by indenture bearing date the first day of 
 September, one thousand eight hundred and ninety-one, 
 and forming schedule " A" to an Act passed in the 5.5th year 
 of Her Majesty's reign, chapter 99, between the corporation 
 and " the purchasers," the corporation sold, granted and 
 assigned to the purchasers all the railways and properties 
 acquired by the corporation from the Toronto Street Rail- 
 way Company, and certain exclusive rights, privileges and 
 franchises in respect of the operation of surface street rail- 
 ways in the city of Toi-onto, which are in the said agree- 
 ment more fully set forth. 
 
 And whereas, by the said agreement it was provided 
 that if the purcha-sei-s formed a joint stock company for the 
 purpose of carrying the agreement into eflect, then upon 
 the conditions therein stated, the said company contem- 
 plated to be formed should upon executing the necessary 
 contract of substitution, be substituted for the said pur- 
 chasers ; and clause twenty-three of the conditions at- 
 tached to the said agreement should apply to sxich company 
 so to be formed, and should cease to apply to the individual 
 purchasers who should thenceforth be discharged from all 
 individual liability under the said agreement and con- 
 dition.s. 
 
 pun 
 
 and 
 
 in t 
 
 in th 
 
 agree 
 
 the 
 
 origi 
 
 All 
 
 each 
 or en 
 of th» 
 coven 
 and 
 P9, Sd 
 
STRBBT RAII.WATH. 
 
 411 
 
 of 
 -one, 
 year 
 ration 
 and 
 jerties 
 Rail- 
 and 
 rail- 
 
 And whereas, the Raid purchasers have formed a com* 
 panv under the name of the Toronto Railway Company, 
 m this a^ement called " the company," fur the pi irpose 
 of carrying the said agreement of the first day of Sep- 
 tember, one thousand ei^^ht hundred and ninety-one into 
 efl'ect, which compony is the party hereto of the first 
 part 
 
 And whereas, the said purchasers have assigned to such 
 company all their right, title and interest under the said 
 recited agreement. 
 
 And whereas, the corporation has consented and agreed 
 that the company should be substituted as the party con- 
 tracting and as the party to be and become liable to the 
 corporation in the place and stead of the purchasers in the 
 said agreement. 
 
 Now, therefore, these presents witness as follows: — 
 The company hereby covenants and agrees with the cor- 
 poration that the company shall in respect to the said 
 agreement of the fii-st day of Septem' t r, one thousand 
 eight hundred and ninety-one, an and for and in the room 
 and place of the purchasers as contemplated by the twenty- 
 third clause of the said agreement, assume, execute, and 
 perforin all the covenants, agreements, and obligations in 
 the said agreement contained, and on the part of the said 
 purchasers to be made, done, performed, fulfilled and kept, 
 subject to the conditions, provisions and stipulations in tne 
 said agreement contained, and the company shall and will 
 in all respects be bound by the said agreement as fully and 
 effectually as if it, the company, instead of the purchasers 
 had been the part}' thereto of the second part. 
 
 And the corporation on its pari hereby covenants and 
 agrees with the company that it does hereby accept the 
 said company in lieu nr 1 in place of the said purchasers, 
 so that the company shall have the same rights and privi- 
 leges and generally be in the same plight and condition as 
 regards such agreement as if the compony had been the 
 party of the second part to such agi-eeuient instead of the 
 purchasers ; and the corporation will on its part execute 
 and perforin all the covenants, agreements and obligations 
 in the said recited agreement contained with the company 
 in the same manner and as fully as if the covenants and 
 agreements in the said agreement expressed or implied on 
 the part of the corporation with the purchasers had been 
 originally mad«! with the company. 
 
 And the corporation hereby releases the purchasers and 
 each of them of and from all liability by them assumed 
 or entered info, in or by the said in part recited agreement 
 of the fir^t day of September, 1891, and from all contrncts, 
 covenants, agreements jind obligations therein contained, 
 and by them to be performed, fulfilled, or kept. 55 V. c. 
 99, Sched. B. 
 
 ^T^ 
 
412 
 
 STtiEBT RAILWAYS. 
 
 Preamble. 
 
 ■t: 
 
 Mortgage 
 confirmed. 
 
 Property to 
 be free from 
 trusts on re- 
 lease or con- 
 veyance by 
 trustees. 
 
 56 Viot. 0. 101 (3nt.) 
 An Act respecting The Toronto Railway Company. 
 
 [Aaaented to 27tk May, 1893.] 
 
 WHEREAS the Toronto Railway Company was incor- 
 porated by an Act passed in the 55th year of Her 
 Majesty's vngn, and chaptered 99 ; and, whereas, doubts 
 having ari'jen as to the application to be made of the pro- 
 ceeds of r*ny bonds or debentures which might be issued 
 under the said Act, and as to the powers to be exercised by 
 the company, it is desirable to amend the said Act in order 
 to remove such d( ibts, and to declare and extend the 
 
 Eowers aforesaid, and to confirm the mortgage executed 
 y the company under the said Act ; and whereas the said 
 company has by its petition prayed that an Act may be 
 passed for the purposes aforesaid ; and whereas it is expe- 
 dient 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 : — 
 
 3.(6) The mortgage deed, set forth in schedule " A " to 
 this Act and the debentures secured thereby are hereby 
 confirmed, and declared to be legal, valid and binding as 
 therein expressed. 56 V. c. 101, s. 3. 
 
 4- If the trustees for the time being, under the said 
 mortgage deed, or any mortgage deeds which may at any 
 time be executed as provided in section 22 (c) of the said 
 Act passed in the 55th year of Her Majesty's reign, chap- 
 tered 99, shall at any time under the terms thereof release 
 or reconvey to the company or otherwise discharge from 
 the operation of such mortgage deed or deeds any of the 
 properties, real or personal, comprised in such mortgage 
 deed or deeds, then such mortgage deed or deeds, and the 
 preferential claim and charge created in and by the said 
 section, shall cease to apply to the properties so released, 
 reconveyed, or otherwise discharged, and the same shall be 
 absolutely freed therefrom ; and any lands owaed by the 
 company at the date of the mortgage mentioned in section 
 3 of this Act, and which may not be mentioned or described 
 therein, shall be, and the same are hereby released and dis- 
 charged from the preferential claim and charge created by 
 section 22 as aforesaid, and such lands shall l)e held by the 
 company absolutely freed therefrom. 56 V. c. 101, s. 4. 
 
 (6) Sections 1 and 2. 
 (c) See p. 374. 
 
 Jee 65 V. c. 99, ss. 23, 24 (Oat), pp. 376, 377. 
 
STREET RAILWAYS. 
 
 418 
 
 0. It shall not be necesmry, in the exercise of the powers M^t^^*^. 
 as to mortgaging in the said Act contained, to comphr with JI^^JJ^ 
 the provisions of the JLct respecting Mortgages and Sales \\w. sut, < 
 of Personal Property, or any Act requiring the registration 125. 
 or renewal of mortgages of chv^ttels, but the mortgage 
 mentioned in section 3 of this Act, and any mortgage 
 which may be executed by the company under the powers 
 conferred upon it, shall, upon the same being deposited in 
 the office of the Provincial Secretary, as required by the 
 company's special Act, have full force and effect and prior- 
 ity, according to the time of deposit, and shall form a lien 
 and encumbrance upon any personal property, or chattels 
 therein embraced, to all intents and purposes, as therein 
 expressed and set fofth as if the provisions of the said 
 Act respecting mortgages and sales of personal property, 
 or any Act requiring registration or renewal of moitgages 
 of chattels, had been fully complied with, and the provisions 
 of this section shall apply to the mortgage deed referred 
 to in section 3 of this Act, and the deposit thereof in the 
 office of the Provincial Secretary already made, shall be 
 deemed and taken to be the deposit mentioned in this 
 section. 66 V. c. 101, s. 5. 
 
 ''W';. SCHEDULE "A." ; 
 
 - " I ; . (Sections.) ,;,, 
 
 This indenture made the first day of September, in the 
 year of our Lord, one thousand eight hundred and 
 ninety-two ; between the Toronto Railway Company, a 
 body corporate and politic duly incorporated under the 
 laws of the Province of Ontario, in the Dominion of 
 Canada, hereinafter called "the company," party of 
 the first part; and Richard Blad worth An^us, of the 
 city of Montreal, of the Province of Quebec, in the 
 Dominion of Canada, Esquire ; and George Albertus Cox, 
 of the city of Toronto, in the said Province of Ontario, 
 Esquire ; hereinafter called " the trustees," parties to 
 the second part : 
 
 Whereas, the company was incorporated by an Act of 
 the Legislature of the said Province of Ontario, being 
 chapter 99 of the Acts passed in the 55th year of the 
 reign of Her Majesty Queen Victoria, with the power, 
 among other things, to contract and agree with George 
 Washington Kiely, William McKenzie, Henry Azariah 
 Everett and Chauncey Clark Woodworth, in the said Act 
 called " the purchasers," and such other person or persons 
 (if any) who might be interested with them in a certain 
 agreement for the purchase thereof, and of all properties, 
 rights and privileges secured thereby, and whicli said 
 
414 STREET RAILWAYS. 
 
 agreement was made betwe«ti the corporation of the city 
 of Toronto, of the first part, aud Qeonre Washington 
 Kiely, William McKenzie, Henry Azarian Everett, and 
 Ghaunoey Clark WoodiWoHh, therein called " the pur- 
 chasers," of the second* part, for the exclusive right and 
 privilege, for the full period of thirty years, from the 1st 
 day of September, 1891, of using and working the street 
 railways in and upon the streets of the said city of 
 Toronto, except as therein provided, and which snid agree- 
 ment was confirmed by the said Act, and is fully set 
 f'><^h in schedule "A" thereto; and whereas, the com- 
 p&.iy was further empowered, on the grant and assign- 
 ment to it of said agreement, to take and hold the same, 
 and to have thereby vested in it «11 the right, title, 
 interest, property, claim, demand and privilege of the said 
 purchasers ; subject, however, to all the liens, charges and 
 obligations upon which the same were held by the pur- 
 chasers ; and whereas, the company was, by the said Act, 
 further empowered, after the acquisition of the said agree- 
 ment, to acquire, construct, complete, maintain and operate, 
 and from time to time remove and change, a double or 
 » single track street nulway, with the necessary side tracks, 
 
 switches and turn-outs, for the passage of cars, carriages 
 and other vehicles adapted to the same, upon or along all, 
 or any, of the said streets, or highways, of the said city of 
 Toronto, and to take, transport and carry passengers upon 
 the same by the force and power of animals, electricity or 
 other motive power, in accordance with the terms, and 
 subject to the provisions of the said agreement, and to con- 
 struct and maintain, and from time to time alter, repair 
 and enlarge, all nece^-sary and convenient works, stations, 
 buildings and conveniences therewith connected, or re- 
 quired, for the due and efficient working thereof, and to 
 purchase, acquire, construct and manufacture all engines, 
 carriages, cars and other machinery and contrivances 
 necessary for the purposes of the undertaking ; and were 
 further empowered to carry out, fulfil and execute the said 
 agreement and conditions ; and whereas, in the event of 
 the corporation of the city of Toronto desiring to exercise 
 the privilege of taking over the property necessary to be 
 used in the working of the said tail way , at the termination 
 
 ' ' of the said period of 30 years, certain provisions, as to 
 notice, arbitration, award and determining the value of 
 
 .. such property were made by section 4 of the said Act ; 
 
 and whereas, the company was, by the said Act, further 
 authorized to enter into and execute a contract or agree- 
 ■ ment with the corporation of the city of Toronto for tlie 
 purpose of assummg the contract and the covenants, 
 agreements and obligations which the said purchasers in 
 and by their said agreement with the said city of Toronto 
 agreed to perform, fulKl and execute ; and whereas, the 
 saXd conti'act, or agreement, with the corporation of the 
 city of Toronto has been duly assigned to the company. 
 
STREliT KAFLWAYS. 
 
 415 
 
 and the said company luis executed a contract or agree- 
 ment with the corporation of the said city of Toronto, 
 assuming the Maid contract, and the said company has 
 become, and is substituted in the place of the said pur- 
 chasers ; and whereas, it is necessary for the said company 
 to raise money for the prosecuting its undertaking and 
 carrying out the terms of said agreement ; and where- 
 as, it is, by the said Act, incorporating the company, 
 provided as follows : — 
 
 22. — (1) The directors of the company, under the 
 authority of the shareholders, to them given at any 
 special general meeting called for the purpose and in the 
 manner provided by this Act, at which meeting shara- 
 holders representing at least two-thirds in value of the 
 subscribed stock of the company, and who have paid all 
 call dues thereon, are present in person or re[)resented by 
 proxy, may, subject to the provisions in this Act contained, 
 issue bonds, debentures or other securities signed by the 
 president or other presiding officer, and countersigned by 
 the secretary, which counter-signature and the signature 
 of the coupons attached to the same may be engraved ; 
 and such bonds, debentures or other securities may be 
 made payable at such time not exceeding, however, in any 
 case, the expiration of thirty years, from the 1st day of 
 September, 1891, and in such manner and at such place or 
 places in Canada or elsewhere, and may bear such rate of 
 interest not exceeding six per cent, per annum, as the 
 directors think proper : — 
 
 (a) The directors may issue and sell or pledge all or 
 any of the said bonds, debentures or other 
 securities at the best price and upon the best 
 terms and conditions, w^hich at the time they 
 may be able to obtain, for the purpose of raising 
 money for prosecuting the said undertaking. 
 
 (h) No such bond, debenture or other security shall be 
 for a less sum than one hundred dollars. 
 
 (c) The power of issuing bonds conferred upon the com- 
 pany hereby shall not be construed as being ex- 
 hausted by such issue, but such power may be 
 exercised from time to time upon the bonds con- 
 stituting such issue being withdrawn or paid off 
 and duly cancelled. 
 
 (2) The company may secure such bonds, debentures or 
 other securities by a mortgJige deed creating such mort- 
 gages, charges, and incumbrances upon the whole of such 
 property, assets, rents and revenues of the company, pres- 
 ent or future or both, as are described in said deed, but 
 such rents and revenues shall be subject in the first in- 
 stance to the payment of the working expenses cf the 
 undertaking. 
 
416 STREET RAILWAYS. 
 
 (a) By the said deed the company may grant to the 
 holders of such bonds, debentures, or other 
 securities, or the trustees named in such deed, 
 all and every the powers, rights, and remedies 
 granted by this Act in respect to the spid 
 bonds, debentures, or other securities, and all 
 other powers, tights, and remedies not incon- 
 sistent with this Act, or may restrict the said 
 holders in the exercise of any power, privilege, 
 or remedy granted by this Act, as the case may 
 be ; and all the powers, rights and remedies so 
 provided for in such mortgage deed, shall be 
 valid and binding and available to the said 
 holders in manner and form as herein provided. 
 
 (&) Every such mortgage deed shall be deposited in 
 the office of the Provincial Secretary, of which 
 deposit notice shall be given by the company 
 in the Ontario Gazette. 
 
 (3) The bonds,, debentures, or other securities hereby 
 authorized to be issued, shall be taken and considered to 
 be the first preferential claim and charge upon the com- 
 pany, and the privileges acquired under the snid agree- 
 ment by this Act confirmed, and the undertaking, tolls and 
 income, rents, and revenues, and real and personal property 
 thereof at any time acquired, save and except as provided 
 for in the next preceding sub-section : — 
 
 And save and except the bonds or debentures for $600,- 
 000 issued by the Toronto Street Railway Company refer- 
 red to in the said agreement, so far as the same are now a 
 charge on the undertaking, and subject to the charges in 
 favour of the city provided by the said agreement 
 
 (a) Each holder of the said bonds, debentures or other 
 securities, shall be deemed to be a mortgagee or 
 incumbrancer upon the said securities pw rata 
 . with all the other holders, and no proceedings 
 
 authorized by law or by this Act shall be taken 
 to enforce payment of said bonds, debentures, 
 or other securities, cr of the interest thereon, 
 except through the trustee or trustees appointed 
 by or under such moitgage deed. 
 
 (4) If the company makes default in paying the principal 
 of or interest on any of the bonds, debentures or other 
 securities hereby authorized, at the time when the same, by 
 the terms of the bond, debenture or other security becomes 
 due and payable, then at the next annual general meeting 
 
 ■ of the company, and at all subsequent meetings, all hold- 
 ers qf bonds, debentures or other securities so being and 
 remaining in default shall, in i-espect thereof, have iind 
 possess the same rights and privileges and qualifications 
 for being elected directors and for voting at general meet- 
 
STREET RAILWAYS. 
 
 417 
 
 ings as would attach to them ns shareholders if they had 
 fully paid up shares of the company to a corresponding 
 amount. 
 
 (a) The rights gi^en by this sub-section shall not 
 be exercise*! by any such holder unless it is so 
 
 Erovided ^y the mortgage deed, nor unless the 
 ond, debenture or other security in respect of 
 which he claims to exercise such rights, has 
 been registered in his name, in the same man- 
 ner as tne shares of the company are registered, 
 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 
 ' thereafter any transfers thereof, in the same 
 
 manner as shares or transfers of shares. 
 
 (6) The exercise of the rights given by this sub-sec- 
 tion shall not take away, limit, or restrain any 
 other of the rights or remedies to which the 
 holders of the said bonds, dobentures or other 
 securities are entitleil under the provisions of 
 such mortgage deed. 
 
 (5) All bonds, debentures, or other securities hereby 
 authorized maj' be made payable to liearer, and 
 shall in that case be transferable by delivery, 
 until registration thereof, as hereinbefore pro- 
 vided, and while so registered they shall be 
 
 : transferable by written transfers, registered in 
 
 the same manner as in the case of the trans- 
 fers of shares. 
 
 23. The issue of bonds, debentures or other securities 
 by this Act authorized, shall not exceed the sum of $35,U00 
 for each mile of street railway track constructed or under 
 contract for construction : Provided that such bonds, de- 
 bentures, or other securities shall not in any way interfere 
 with or prejudice the right of the city in case it chooses to 
 exercise its right to take over the undertaking in pursu- 
 ance and on the terras of the said agreement in which 
 case the said bonds, debentures or other securities shall 
 cease to be a charge on the undertaking, but they shall 
 nevertheless be a charge on any moneys to be paid by the 
 city therefor. 
 
 24. — (1) Whereas among the terms embodied in the con- 
 ditions referred to in the said agreement, it is stipulated 
 that the purchasers are to satisfy the treasurer of the said, 
 city that means are provided for meeting the payment of 
 such bonds or debentures as the ''ompany may issue at the 
 maturity thereof ; and it is expedient to substitute in lieu 
 of such stipulations the following provision : — It is, there- 
 fore, enacted that the net proceeds of all or any of such 
 53 
 
 
418 STREET KAILWATS. 
 
 bonds or debentures issued in pursuance of the power by 
 this Act conferred, shall be laid out and expended in the 
 purchase or acquisition of the rails, rolling stock, motors, 
 buildings and lands required thereof, and other necessary 
 plant, fixtures, and materials, and in the laying of such 
 rails and erection of such plnnt, and in execution and ful- 
 filment of the conditions of the said contract or agreement 
 for the change of the system entered into by the said pur- 
 chasers to be assumed by the company as hereinbefore 
 provided. 
 
 (2) It is hereby declared that all the bonds, debentures, 
 or other securities, at any time issued by the said company 
 shall forthwith, after the issue thereof, be handed over to 
 trustees to be named in the mortgage deed, which, under 
 the provisions of the twenty- second section of this Act, 
 the company is authorized and empowered to grant, for 
 the purpose of securing such bonds, debentures, or other 
 securities, and shall only af)ply the same from time to time 
 under the provisions of sub-section 1 of this clause, and as 
 such payments may be earned by the actual expenditure 
 I of money for the puiposes therein set forth and in dis- 
 charge of the said ^600,000 of bonds or debentures. , 
 
 And, whereas, the couipiiny has been duly organized, and 
 the amount of stock subscribed, and all other acts done to 
 '"} enable the directors, under the provisions of the Act incor- 
 
 porating the said company, to issue its bonds when author- 
 ized by the shareholders ; and whereas at meetings of the 
 directoi-s of the company, held on the 30th day of July, 
 A.D. 1892, and on the 26th day of September, 18C2, it 
 was resolved, that, after the sanction of the shareholders 
 has been obtained, at a special general meeting called for 
 that purpose, the company should issue its first mortgage 
 bonds, and secure the same by a mortgage upon the whole 
 of the property, assets, rents, and revenues of the company, 
 both present and future ; and that such moitgage p.nd bonds 
 should be of the nature and effect following : — 
 
 1. The bonds shall be executed under the seal of the 
 company, and signed by the president or other presiding 
 officer, and countersigned by its secretary, as provided in 
 the Act incorporating the company. 
 
 2. The total amount of such bonds may equal but shall 
 not exceed $35,000 for each mile of street railway track 
 now or hereafter constructed, and shall never exceed in the 
 aggregate $41,550,000. The actual issue of such bonds 
 fiom time to time, shall not exceed the sum of $35,000 for 
 each mile of street railway track constructed or under 
 contract for construction tvt the times of such actual issue. 
 
 3. The said bonds shall be dated on the fii-st clay of 
 September, 1892, and the principal money secured thereby 
 shall be payable on the first day of August, 1921. 
 
STUKET RAILWAYS. 
 
 4. Interest shall be at the mte of four and one-half per 
 cent, per annum, payable half-yearly on the twenty-eighth 
 day of February, and thirty-Krst duy of August, in each 
 year during the currency of said bonds, and such interest 
 .shall be represented by coupons attached to the bonds ; the 
 first coupon for six months' interest being payable on the 
 twenty-eighth day of February, one thousand eight hun- 
 dred and ninety-three. The place of payment of both 
 principal and interest shall be at the chief office of the 
 Canadian Bank of Commerce, in the city of Toronto. 
 
 5. The said bonds shall contain a provision that the 
 company shall, during each of ten years preceding the 
 year ending on the thirty-first of August, one thousand 
 nine hundred and twenty-one, redeem five per cent, of the 
 whole issue, so that there shall be outstanding on that date 
 fifty per cent, only of the total amount of bonds issued. 
 
 6. The mortgage securing the bonds .shall be executed 
 under the seal of the company, and signed by the presi- 
 dent and secretary, and shall be made in favour of Richard 
 Bladworth Angus, of the city of Montreal, in the Domin- 
 ion of Canada, Esquire ; and George Albertus Cox, of the 
 city of Toronto, in the Dominion of Canada, Esquire, trus- 
 tees ; and, save and except as to the bonds or debentures 
 for six hundred thousand dollars in the said Act referred 
 to, shall form a first and preferential claim and charge 
 upon the company and its undertaking, and the privileges 
 acquired under the said agreement, in the said recited Act 
 mentioned, and by the .said recited Act confirmed, and up- 
 on the tolls and income, rents, and revenues and real and 
 personal property of the company, now owned, or at any 
 time hereafter acquired ; subject, however, to the payment 
 of the working expenses of the undertaking, and also 
 .subject to all charges in favour of the citj' of Tpronto, as 
 provided for the said agreement. 
 
 7. The denomination of the bonds shall be as follows, 
 viz. : Bonds for one thousand dollars each. 
 
 And, whereas, at a meeting of the shareholders of the 
 company held on the 26th day of September, A.D. 1892, at 
 which all the shareholders were present either in person 
 or by proxy, a resolution was passed unanimously, as fol- 
 lows, viz. : — 
 
 " That the directors of this company are authorized to 
 issue the bonds of the company, under the provisions of 
 the Act incorporating the company in that behalf, to an 
 amount not exceeding $35,000 for each mile of street rail- 
 way track constructed, or hereafter to be constructed, and 
 that such bonds shall not at any time exceed in the aggre- 
 gate S4,5 50,000, and shall be secured by a mortgage of the 
 company's property, assets, rents, and revenues, present or 
 future, or both, and that such bonds shall be in conformity 
 
 419 
 
420 STREET RAILWAYS. 
 
 'with the reHolution of the board of directors relnting 
 thereto, and passed on the 30th dny of July, A.D. 1892, as 
 amended on the 26th day of September, 1892, and tliat 
 such resolution, and the issue of the bonds thereby pro- 
 vided for, are authorized, sanctioned and approved." 
 
 And whereas, a draft of this deed of mortgage and the 
 bonds and coupons herein referred to and in part recited, 
 was presented at the said meeting of the sharehohiers, 
 held on the 26th day of September, A.D. 1892, at which 
 all the shareholders were present, either in person or by 
 proxy, and each of the provisions in the said draft wa» 
 duly approved and confirmed by a further resolution 
 passed at the said meeting, and this deed, and the bonds 
 and coupons hereinafter set forth, conform in all respects 
 to the said draft. 
 
 And wherea^, the bonds to be issued by the said com- 
 pany are to be certifted by the trustees, and are to be each 
 of the nature and effect and according to the form follow- 
 ing, that is to say : — 
 
 DOMINION OF CANADA. 
 
 Province of Ontario. 
 
 I 
 
 THE TORONTO RAILWAY COMPANY. 
 
 Incorporated under 56 Vict., Chapter 99, Statutes of 
 Ontario. 
 
 Number 
 
 First Moktqaqe Bond. 
 
 i^i,ooo.oo 
 
 The Toronto Railway Company, for value received, 
 hereby promises to pay to the bearer, or if registered, 
 then to the registered holder hereof, the sum of one 
 thousand dollars, in gold coin, or its equivalent of lawful 
 money of Canada, on the 31st day of August, A.D. 1921 
 (subject to previous redemption of this bond, in accordance 
 with the conditions of the mortgage below mentioned and 
 the endorsement hereon), at the chief office of the Cana- 
 dian Bank of Commerce, in the city of Toronto, Province 
 of Ontario and Dominion of Canada, with interest thereon 
 at the rate of four and one-half per cent, per annum, 
 payable half-yearly, at the said place, in like money, on 
 the 28th day of February and 31st day of August, in each 
 year, on presentation and surrender of the interest coupons, 
 hereto annexed, as they severally become due and payable. 
 This bond is one of a series, and each of like date, tenor 
 and effect, issued and to be issued, to an aggregate not ex- 
 ceeding four million five hundred and fifty thousand 
 dollars, and not exceeding the sum of thirty-five thouiiand 
 
8TREKT RAILWAYS. 
 
 iSl 
 
 dollars for each mile of street railway track constructed, 
 or under contract for construction at the times of actual 
 issue, for the security of which and the interest thereon, 
 the undertaking, franchises, privileges, rents, revenues, 
 tells, income, assets and real and personal property of the 
 company, at any time acquired, both present antl future, 
 are mortgaged to Richard Bladworth Angus, of the city of 
 Montreal, Esquire, and George Albertus Oox, of the city 
 oi Toronto, Esquire, as trustees, by a iiortgage bearing 
 even date herewith. Each holder ^r Jue said bonds shaU 
 be deemed to be a mortgagee or encumbrancer upon the 
 said securities pro rata with all the other holders, and no 
 proceedings shall be taken to enforce payment of the said 
 bonds, or of the interest thereon, except through the* said 
 trustees. This bond shall pass by delivery, but may, at the 
 option of the holder, be registered at any time in the same 
 manner as the shares of the company are registered, and, 
 while so registered, they shall be transferable by written 
 transfer, registered in the same manner as in the case of 
 the transfer of shares, and as provided by the said mort- 
 gage. A transfer in favour of the bearer may subsequently 
 be registered, after which it will be transferable by 
 delivery alone until again registered in the name of the 
 holder. If the company makes default in paying the 
 principal or interest of this bond, when the same becomes 
 due, then at the next annual general meeting of the com- 
 any, and at all sul^sequent meetings, the registered 
 older of this bond, if the same is still in default, shall, in 
 respect thereof, have the same right and privilege and 
 qualification for being elected a director and voting at 
 general meetings as would attach to him if he were a shwe- 
 nolder holding fully paid-up shares of the company to tne 
 amount of this bond, but subject to the provisions of the 
 Act incorporating the company. This bond is subject to 
 the condition hereon endorsed. This bond shall not 
 become obligatory until it shall have been certified by the 
 trustees or their successors in the trust. 
 
 In witness whereof the Toronto Railway Company has 
 caused its seal to be hereunto afiixed, and these presents to 
 be signed by its president, or vice-president, and counter- 
 sijjned by its secretary, the first day of September, one 
 thousand eight hundred and ninety-two. 
 
 £ 
 
 Countersigned 
 
 President 
 Secretary. 
 
 •Certified 
 
 (endorsed on the bond.) 
 
 Trustees. 
 
STREET RAILWAYS. 
 
 (AUtO IKDORHBO.) 
 
 THE TORONTO RAILWAY COMPANY «1,000 HIIST MORTOAOE 
 
 BONU. 
 
 Interest 4^ prr cent., payahle fed. 28th and auq. 31ht. 
 
 Number 
 Number inteuest coupon. ft22.')0. 
 
 The Toronto Railway Company will pay the bearer, on 
 the 28th clay of February, A. D. 1893, twentv-two dollars 
 and fifty cents, in gold, or its equivalent of lawful money 
 of Canada, at the chief office of the Canadian Bank of 
 Commerce, in the city of Toronto, being half-yearly in- 
 terest on bond number 
 
 CONDITION ENDORSED ON THE SAID BOND. 
 
 This bond is subject to be redeemed at par, in pursuance 
 of the within mentioned mortgage as follows : — 
 
 On the 31st day of August in each of the ten years pre- 
 ceding the year ending on the 31st day of August, lA.D. 
 1921, the company shall redeem five per cent, of tae whole 
 issue of bonds. The bonds to be redeemed each year 
 shall be determined by lot, and tho result of the lot in 
 each case shpU be published in the city of Toronto, by 
 advor:iiiement at least four times a week, in a daily news- 
 paper at least forty days before the time of redemption, 
 from which time interest on the bonds designated shall 
 cease to accrue. Notice of such result shall also be mailed 
 to the registered address of any registered holder of an)^ 
 bond to be redeemed. 
 
 Now therefore, this indenture witnesseth that the com- 
 pany for and in consideration of the premises, and for the 
 purpose of securing the said bonds so is.sued, and to be 
 issued, and the interest specified in the interest coupons 
 thereto attached, and every part of the said jirincipal find 
 interest, as the same shall become payable according to the 
 tenor of the said bonds and coupons, and of the sum of 
 one dollar, of lawful money of Canada, now paid to the 
 company by the trustees (the receipt whereof is hereby 
 acknowledged) doth gi'ant to the trustees, their heirs and 
 assigns, as joint tenants, and to their successors in the 
 trust, all and singular the lands and hereditaments re- 
 spectively specified or referred to in the schedule hereto 
 marked " A," and the railway and undertaking of the 
 company now made, in course of construction, or hereafter 
 to be constructed, together with all branches, extensions, 
 sidings, switches and turn-outs, and the superstructure 
 and tracks, and all iron, rails, ties, poles, wires, pavement 
 and other material placed, or to be placed or used therein, 
 
STREET RAILWAYS. 
 
 423 
 
 or procured, or to be pixKSurctI, therefor, and all ntnictures 
 Htnbleo, officeH, stations, station houses, power houses, engine 
 houses, work and nmchino sliops, or other buildings or erec- 
 tions held, or acquit ed, for use in connection with the rail- 
 way, or the business thereof, including all electric or other 
 motors, cars and other rolling stock, or equipment, and all 
 machinery, tools, iuiplemetits, fuel and material for the 
 constructing, operating or replacing the same railway, or 
 any of its equipments or appurtenances, whether now held 
 or at any time hereafter ac((uired, all of which things are 
 h<*reby declared to be appurtenances and fixtures of the 
 railway, nnd to be included in and to pass by these pre- 
 sents; and idso all the intereNt of the said company in the 
 said recited agreement with the city of Toronto and in the 
 streets of the said city, and all franchises, powers and pri- 
 vileges connected with, or relating to the said ruilway, 
 or the construction or maintenance thereof now held, or 
 hereafter acquired, by the company, and all corporate or 
 other franchises, which are now, or may be, or whenever, 
 possessed or exercised, by the said company ; together with 
 id' and singular the tenements, hereditaments and appur- 
 tenances thereunto belonging, or in any wise ai)pertaining, 
 and the reversion, remainder, tolls, incomes, rents, issues, 
 and profits thereof, and all the estate, right, title, interest, 
 property, possession, claim and demand whatsoever as well 
 at law &s in equity of the said company, of, in and to the 
 .«ame, and any and every part thereof, with the appurte- 
 nances ; and all sums of money, claims or demands of any 
 kind, which may be payable to the company by the cor- 
 poration of the city of Toronto upon the said corporation 
 taking possession of the said railway, and the property and 
 effects thereof, and the amount of any award which may 
 be made in favour of the company in pursuance of the ar- 
 bitration contemplated by the said agreement and by the 
 acts relating to the company ; and generally all the real 
 and personal property of the company of whatever kind 
 and wheresoever situated now or at any time hereafter 
 owned or possessed by the company during the currency 
 of the said bonds ; to have and to hold the above des- 
 cribed undertaking, property, premises, things, rights, pri- 
 vileges and franchises, acquired, or to be acquired, and 
 hereby expressed to be conveyed, and intended so to be.unto 
 the trustees, their heirs, executors, administrators and as- 
 signs, according to the nature and quality thereof, as joint 
 tenants, and to their successors in the trust ; 
 
 But nevertheless upon the trusts and to and for the 
 uses and for the purposes and conditions herein expressed, 
 that is to say : — 
 
 1. All the bonds issued by the said company hereunder 
 shall, forthwith after the issue thereof, be handed over to 
 the trustees, and the trustees shall apply the proceeds 
 
4t4 
 
 HTRKKT UA1LWAY8. 
 
 of all, or any, of Huch bonds, under the provinions ^ of 
 Hoction 1, clauHe 2i, of the Haid recited Act 65 Victoria, 
 chanter 90, of the ntatutcN of Ontario. The tniHtoeH 
 Hhall retain and hold nix hundred thouwnd dollant 
 of the bondH firnt isHUed in piii-Huance of these proMentH, 
 for the purpose of redeeming Hix hundred tnousand 
 dollars of debentures, isnued by the Toronto Street Rail- 
 way Company, and referred to in the said Act of incor- 
 poration, and shall use such liond.s for the purpose of pay- 
 ing off and procuring the cancellation of the said six 
 hundred thousand dollars of bonds issued by the Toronto 
 Street Kailway CoinpHny as aforesaid, it being underHtoo<l 
 . .'■ and agreed that the trustees shall have the right and 
 / power to exchange nt par the said six hundred thousand 
 
 ' dollars of bonds, or any part thereof, for the said bonds 
 
 issued by the Toronto Street Railwa}' Company, in the 
 event of the holder or holders of the latter desiring and 
 accepting such exchange, either at maturity or prior 
 thereto, and upon such exchange and surrender, the 
 trustees shall mark the bonds so surrendered as cancelled, 
 and hand them over, so marked cancelled, to the treasurer 
 of the company ; and in the event of the holder or 
 holders of the said outstanding bonds of the Torc^nto 
 Street Railway Company not exchanging said bonds for 
 those hereby secured, then the company, at the maturity 
 .. -, of said bonus, or so many of them as may be then out- 
 
 / ' standing, shall have the right and power to sell and dis- 
 
 '. pose of the said $600,U00 of its bonds, heUl by the said 
 
 trustees, or so many, or all thereof, as may be necessary to 
 cancel and satisfy the said $600,00U of aebentures issued 
 by the Toronto Street Railway Company, or so many 
 thereof as may be then outstanding, at such price or prices, 
 and in such way or manner, as may by it be deemed ex- 
 ■ pedient ; provided, however, that the auount or amounts, 
 realized from such sale or sales shall be paid over unto the 
 said trustees and applied by them to the cancellation of 
 the said $600,000 debentures of the Toronto Street Rail 
 way Company, or so many thereof as may be then out- 
 standing, and any balance from such sale or sales over and 
 above the amount necessary to satisfy and redeem the said 
 bonds of the Toronto Street Railway Company, shall be 
 paid by the said trustees to the company. And in the 
 event of the 8600,000 of bonds, secured by these presents, 
 and deposited with the trustees as aforesaid, being in- 
 adequate and insufficient to redeem the said 8600,000 of 
 bonds of the Toronto Street Railway Company, then the 
 company shall supply such deticiency and pay over to the 
 trustees an amount, which, with the amount or amounts 
 realized from such .sale or sales, shall be sufficient to re- 
 deem the said $600,000 of bonds of the Toronto Street 
 Railway Company in full; and the company shall pay 
 interest on the said $600,000 of bonds of the Toronto 
 Street Railway Company, as the same becomes due and 
 
STKBXT RAILWAYS. 
 
 423 
 
 payable, mo long at* Huch bondH aro uuUtaiuling and un- 
 roueeiutid. 
 
 2. Until default shall be made in nnyment of the prin- 
 cipal or intereMt of the ftaid bomtN, by thoHe prettuntH 
 secured, or Home of them, or until dofiiult Hhall be made in 
 respect to Hoinuthing hnrein ru(|uirod to be done or kept 
 by the company, the snid company Hhall be suffered and 
 permitted to |)ommunh, opiM-ate, manage and enjoy the Haid 
 railway and its undertaking, with all its equipment and 
 appurtenances, and ail other property, rights and privileges 
 hereby conveyed, or intended so to be, to take and use the 
 rents, incomes, profits and tolls thereof in the same manner 
 and to the same effect as if this deed had not been exe- 
 cuted. 
 
 8. In case default shall be made in the payment of any 
 interest to accrue on anv of the aforesaid bonds to be 
 issued by the compan3', when such interest shall become 
 payable according to the tenor of such bond or the terms 
 of any coupon tnereto annexed, and such default shall 
 continue for a period of four months, or in case default 
 shall be made in the observance or performance of any 
 other matter or thing in these presents mentioned, and 
 agreed or required to be observed and performed by the 
 company, and such default shall continue for the period of 
 six months, then and from thenceforth, and in either of 
 such cases, it shall be lawful for the trustees, personally 
 or by their or his attorneys or agents, to enter into and 
 upon all and singular the railway, railway tracks, motom, 
 poles, wires, machinery, real and personal estate and 
 premises hereby conveyed or intended so to be, acquired or 
 constructed, and to be acquired or constructed, or any part 
 thereof, and thenceforth, to have, hold, possess and use the 
 said rail way and premises and each and every part and parcel 
 thereof, then subject to the lien of these present, with full 
 power to operateand conduct the business of thesaid railway 
 by their superintendents.managersand servants or attorneys 
 or agents, and to make, from time to time, all repairs and 
 replacements, and such needful alterations, additions and 
 improvements thereto as may seem to them to be judicious, 
 and to collect and to receive all tolls, fares, freights, in- 
 comes, rents, issues and profits of the same, and of every 
 part thereof; and, after deducting the expenses of opera- 
 ting the said railway and conducting the business thereof, 
 and of all the said repairs, replacements, alterations, 
 additions and improvements, and all payments which may 
 be made or may be due for taxes, assessments, charges or 
 liens, prior to the lien of these presents upon the said 
 premises, or any part thereof, including all payments to 
 the corporation of the city of Toronto under said agree- 
 ment, as well as just compensation for their own services 
 and for the services of such attorneys and counsel and all 
 
 54 
 
 
426 
 
 STUEET RAILWAYS. 
 
 other agents and persons as shall have been by them 
 employed, and all other charges and expenses reasonably 
 incurred in cr about the execution of the trusts or powers 
 by this indenture created the trustees shall apply the 
 moneys arising from such collections and receipts as 
 aforesaid, to the payment of interest on the said bonds, in 
 the order in which said interest shall have become and shall 
 become due, ratably, to the persons entitled to such in- 
 terest, and if, after paying in full the interest which shall 
 have accrued on the said bonds, a surplus of the moneys 
 arising, as aforesaid, shall remain, and the principal of the 
 said bonds shall not be due, and such surplus or any part 
 thereof shall not be required, in the judgment of the 
 trustees, for the protection of the property, or to provide 
 for the instalment of interest next thereafter to fall 
 due, the same may be paid over to the company; but in 
 case the principal of said bonds shall have become due, 
 the surplus arising, as aforesaid, shall be reserved, to be 
 applied to the payment of said bonds, upon a sale of the 
 said railway and pi-emises as hereinafter prov.-ded ; but the 
 provisions of this clause are subject to the rights of the city 
 of Toronto, under the atrreement above mentioned. 
 
 . . . 1 
 
 4. In case default shall be made in the payment of inter- 
 est on the said bonds, or any of them, Ps aforesaid, and 
 shall continue, as aforesaid, for the period of four months 
 thereafter ; or in case default shall be made in the payment 
 of the principal of the said bonds, or any of them, or any 
 part thereof, when the same shall respectively become due 
 and payable, whether by effluxion of time, selection for 
 redemption, or declaration of tiie trustees as hereinafter 
 provided for, and shall continue for a period of four months 
 thereafter, it shall be lawful for the trustees, after such 
 entry as aforesaid, or after other en^ry, or without entry, 
 personally, or by their attorneys or agents, to sell and 
 dispose of the said railway, and ail and singular the 
 property, rights and franchises hereinbefore ex|n'essed to 
 be conveyed, and which shall be then subject to the lien 
 of these presents, at public auction, in the city of Toronto, 
 in the Province of Ontario, and at such time as the trus- 
 tees shall appoint, having first given notice of the time 
 and place of such sale by advertisement published not 
 less than three times a week for three successive months, 
 in one or more daily newspapers pijbiishdd in the citj' 
 of Toronto, in one or more daily newspapers published 
 in the city of New York, and in one or more daily news- 
 papers published in the city of London, England, and in 
 such other manner as thf^ trustees may think proper. 
 And aiter such tjotice it shall be lawful lor the trustees 
 to make such sale, with or under any special conditions 
 as tv> upset price, reserve bid, or otherwise, or as to 
 receiving the price or consideration of such sale in whole 
 or in part, in bonds secured hereinunder, which may be 
 
STREET RAILWAYS. 
 
 4X1 
 
 prescritied or authorized by the bondholders in the man- 
 ner hereinafter provided ; also with power to rescind or 
 vary any contract of sale that may have been entered 
 into thereat, and resell with or under any of the poweis 
 herein. And the trustees may stop, suspend or adjourn 
 such sale from time to time, in their discretion, and if 
 so adjourning, make the same, w^ith or under any of the 
 powei-s herein, after such notice and advertisement as 
 they may think best, at any time and place to which 
 the same shall be so adjourned, and make and deliver to 
 the purchaser or purchasera of the said )-ailway and 
 premises, or any part thereof, good and sufficient deed 
 or deeds in the law for the same, which sale, made as 
 aforesaid, shall be a perpetual bar, both in law and equity, 
 agiunst the company and its assigns, and all othei- persons 
 claiming the said premises or any part or parcel thereof, 
 by, from, through or under the company, or its assigns. 
 And, after deducting from the proceeds of such sale 
 just allowance for all expenses thereof, including attor- 
 ney's and counsel fees, and all other expenses advances 
 or liabilities, which may have been made or iricurie<l by 
 the trustees in operating or maintaining the said railway 
 and premises, or in managing the business thQj'cof. and all 
 payments by them made for taxes and assessments, and 
 for charges and liens prior to the lien of thes' presents 
 on the said premises, or any part thereof, as well as reason- 
 able compensation for their own services, and any other 
 expenses or charges referred to in Article Third, it shall be 
 lawful for the trustees, and it shall be their duty, to apply 
 the residue of the moneys arising from such sale to the 
 payment of the principal and accrued and unpaid interest 
 on all the said bonds which shall then be outstanding, with- 
 out discrimination or preference as between principal and 
 accrued and unpaid interest, or as between the holders of 
 said bonds or of any coupons issued therewith, but equally 
 and ratably and to all such bond and coupon holders. 
 Provided, however, that should interest on some bonds 
 have been paid up to a later date than interest on other 
 bonds the trustee.-* shall before applying such residue as 
 aforesaid pay the interest on all bonds up to the .same date, 
 in order that all may stand on an equal footing when such 
 residue is being applied. And if, after the payment and 
 satisfaction of .said bonds, principal and interest, a surplus 
 of the said proceeds shall remain, to pay such surplus to 
 the company or its a.ssigns. And it is hereby declared and 
 agreed, thf^t the receipt of the trustees shall be a sufficicit 
 discharge to the purchaser or purchasers at such sal'.> for 
 his or their purchase money, and that after payment of 
 such purchase money and having such receipt, said pur- 
 chaser or purchasers shall not be obliged to inquire into 
 the application of such purchase moaey upoi or for the 
 trusts or purposes of these presents, or be in any manner 
 whatsoever answerable for any loss, misapplication or non- 
 
428 
 
 STREET KAIUVAY8. 
 
 vi 
 
 R 
 
 application of such purchase money, or of any part thereof, 
 nor shall he or they be obliged to inquire at any time into 
 the necessity, expediency or authority of or for any such 
 ^' sale. 
 
 5. In case default shall be made in the payment of any 
 half-yearly instalment of interest on any of the said bonds, 
 when such interest shall become payable according to the 
 tenor of such bond, or of any coupons thereto annexed, 
 iuid such instalment of interest shall remain unpaid and in 
 arrear for a period of four months after the same shall 
 have become payable ns aforesaid, and such default shall 
 continue for four months thereafter, then and from thence- 
 forth, the principal sum of each of the bonds aforesaid shall, 
 upon a declaration of the trustees to that effect, become 
 and be immediately due and payable, notwithstanding that 
 the time limited in the said bonds for the payment thereof 
 may not then have elapsed ; but a majority in interest of 
 the holders of all the bonds aforesaid which shall then be 
 outstanding, and upon which default in the payment of 
 interest shall have been made and shall be continuing, 
 shall have the power by an instrument in writing, under 
 their hands and seals, or by a vote at a meeting duly con- 
 vened and held as hereinafter provided, at any time bdfore 
 the actual payment and acceptance of the interest in arrear, 
 to instruct the trustees to declare such principal sum due, 
 or to cancel any declaration already made to that effect, or 
 to waive the right so to declare, on such terms and condi- 
 tions as such majority in interest shall prescribe: provided 
 always, that no act or omission either of the trustees, or of 
 the bondholders in the premises, shall extend to, or be taken 
 in any manner whatsoever to affect any subsequent default 
 or the rights lesulting therefrom. 
 
 6. It shall bo the duty of the trustees to exercise the 
 power of entry hereby granted, or the power of sale here- 
 by granted, or both, or to proceed by suit or suits in equity 
 or at law, to enforce the rights of bondholders in the 
 several cases of default herein .specified, on the part of the 
 company, or its assigns, in the manner, and subject to the 
 qualifications herein expressed, upon the requisition of 
 bondholders as herein prescribed, as follows : — 
 
 A. — In case default shall be made in the payment of any 
 semi-annual instalment of interest to accrue on any of the 
 said bonds to be issued as herein provided, and such de- 
 fault shall continue as aforesaid for a period of four 
 months ; then and in every such case, upon a requisition 
 in writing, signed by the holder or holders of said bonds 
 to an aggregate amount of not less than one-fifth the 
 amount of said bonds then outstanding, and adequate and 
 proper indemnification of the trustees against the costs, 
 expenses and liabilities to be by them incurred, it shall be 
 the duty of the trustees to proceed to enforce the rights 
 
STREET RAILWAYS 
 
 429 
 
 the 
 
 jere- 
 
 |uity 
 
 the 
 
 the 
 
 the 
 
 of 
 
 any 
 the 
 de- 
 Ifour 
 [tion 
 jnds 
 the 
 and 
 hosts, 
 lube 
 Ights 
 
 ro 
 
 of the bondholders under these presents, by such proceed- 
 ing authorized by these presents or by law, as they shall 
 be in such requisition directed to take by the said propor- 
 tion of bondholders; or, if such requisition contains no 
 such direction, then by entry, sale, or suit or suits inequity 
 or at law, ns they, being advised by counsel learned in the 
 law shall deem most expedient for the interest of the 
 holders of said bonds ; the rights of entry and sale herein- 
 V '"ore granted bei-xT intended as cumulative remedies, 
 additional tu all oiaer remedies allowed by law for the 
 execution and enforcement of the trusts hereof: 
 
 Provided, nevertheless, that it shall be lawful for a ma- 
 jority in interest of the holders of said bonds for the time 
 being, by an instrument under their hands and seals, or 
 b}' a vote at a meeting duly convened and held as herein 
 provided, to direct the trustees to waive such default, upon 
 such terms as may be directed by such majority in such 
 instrument, or by such vote, if required under the condi- 
 tions hereof. And it is hereby provided and expressly 
 agreed, that no holder of bonds or coupons, secured to be 
 paid hereby, shall have the right to institute any suit or 
 proceeding for the foreclosure of this indentui-e, or the ex- 
 ecution of the trust thereof, except upon and after the re- 
 fusal or neglect of the trustees hereunder to proceed to act 
 in the premises, upon requisition and indemnification as 
 aforesaid ; but it shall nevertheless be lawful for a major- 
 ity in interest of the holders of said bonds, for the time 
 being, to direct the party or parties bringing any such suit 
 or proceeding, to waive the default or defaults on which 
 it is founded, in like manner as is hereinbefore provided 
 for a direction to the trustees, to waive default. And it is 
 hereby further declared and provided that no action taken * 
 by the trustees or by the bondholders under this clause, 
 shall prejudice or in any manner affect the powers or the 
 rights of the trustees, or of the bondholders in the event 
 of any subsequent default or breach of condition or cove- 
 nant herein. 
 
 B. — If the company shall make default or breach in the 
 performance or observance of any othei" condition, obliga- 
 tion or requirement by the said bonds or by this present 
 deed imposed upon them then and in such case, the trus- 
 tees shall, upon a requisition in manner aforesaid, of not 
 less than one-fifth in interest of the bondholders, for the 
 time being, and upon adequate and proper indemnification 
 of the trustees against the costs, expense and liabilities to 
 be by them incurred, j>roceed to enforce the rights of 
 the bondholders under these presents in the manner by 
 the first clause of this article provided, su^tject to a power 
 in such majority at any time to direct, in manner afore- 
 said, the trustees to waive such default or breach, upon re- 
 paration therefor to the satisfaction of such majority being 
 
 
4d0 
 
 STKEET RAILWAYS. 
 
 made. And it is hereby provided that no action taken by 
 the trustees or by the bondholdei's under this clause, shall 
 prejudice or in any manner affect the jiowers or rights of 
 the bondholders in the event of any subsequent default or 
 breach of condition or covenant herein. 
 
 7. The board of directoi-s of the company may from time 
 to time, by resolution, require the said trustees, to convey 
 by way of release or otherwise to discharge from operation 
 of these presents any lands acquired or held for the pur- 
 pose of stations, depots, car shops, machine shops, power 
 houses or other buildings or premises connected therewith, 
 or any lands which may have become disused, or which 
 the board of directors and the trustees may deem it ex- 
 pedient to disuse or abandon, and which land or premises 
 respectively shall, by resolution of the said board, con- 
 curred in by the trustees in writing, be declared to ita un- 
 necessary for the purposes and business of the company, 
 and in every such case the said trustees, when so required, 
 shall execute such release and discharge accordingly ; and 
 without in any way limiting the generality of these pre- 
 sents, it is herebj'^ declared, that any lands that may be ac- 
 quired in lieu of or in substitution for lands so released or 
 d'^charged, and any newly or subsequently acquired l^uds 
 shall be deemed to come within the operation of these 
 pi-esents and to be included therein, and shall be conveyed 
 to and held by the said trustees for the tinists of these 
 presents ; and it is further declared that the said company 
 from time to time may sell or dispose of any part of the 
 equipment, lolling stock, motors, machinery, implements 
 or other materials at any time held, or acquired, for the use 
 and purposes of the said company, as may, b}'^ the resolution 
 
 ■ of the board of directors, be declared to be no longer use- 
 ful or necessary for the company's business, and without 
 in any way limiting the generality of these presents, it is 
 declared that any new, or subsequently acquired, equip- 
 ment, rolling stock, motors, machinery, implements and 
 material or any such acquired in lieu of or in substitution 
 for that sold or disposed of, shall come within and be sub- 
 ject to the operation of these presents and be included 
 therein. 
 
 8. All bonds hereby secured^ shall be payable to bearer, 
 and be negotiable and pass by delivery, unless registered 
 for the time being in the name of the owner thereof in the 
 manner provided for the registration of the shares of 
 the canipany ; and the mode and manner of registnition 
 and transfer as applicable to the said bonds shall be as 
 follows : The company shall keep at its chief office in the 
 city of Toronto a bond register in which every holder of a 
 bond siiall be dhtitled to have his name and address and 
 the number of the bond held by him entered, upon pre- 
 senting at such office a written statement cff the said 
 
STREKT RAILWAYS. 
 
 481 
 
 particulars and verifying his title to such bond by the 
 pro'luction thereof; and every such registration of owner- 
 ship shall be properly certified on the bond After such 
 registration of ownership of any such bond so certified 
 thereofi, no transfer shall be made or shall be valid, except 
 in v/riting in a suitable transfer book, to be kept by the 
 company at the said place for such transfers, signed by the 
 party registered as the owner thereof for the time being, 
 or his legal representatives, or liis or their agent or 
 attorney thereunto duly authorized. And the fact of 
 every such transfer shall be entered upon the said last 
 mentioned transfer book, so as to shew the number of the 
 bond transferred and the name and address ot the trans- 
 feree, unitss any such transfer shall be to bearer, in which 
 case it shall be so entered ; and every such transfer shall 
 be noted on the bond, and if the last transfer be to bearer, 
 it shall restore to it transferability by delivery ; but every 
 such bond shall be subject to successive registrations and 
 transfers to bearer as aforesaid, at the option of each 
 holder. 
 
 9. If the company makes default in paying the principal 
 or interest on any of the bonds hereby secured when the 
 same, by the terms of the bond, becomes due and payable, 
 then at the next annual general meeting of the company, 
 and at all subsequent meetings, all holders of stich bonds, 
 so being and remaining in default, shall, in respect thereof, 
 have and possess the same rights and privileges and 
 qualifications for being elected directors and for voting at 
 general meetings as would attach to them as shareholders 
 if they held fully paid-up shares of the company to a 
 corresponding amount. The right given hereby shall not 
 be exercised by any holder thereof, unless the bond on 
 which he claims to exercise such right has been registered 
 in his name, as provided for in article eight at least ten 
 days before he attempts to exercise the right of voting 
 thereon ; provided however, that the exercise of this 
 right shall not take away, limit or restrain any rights or 
 remedies to which the holders of the said bonds are entitled, 
 under the provisions of this deed. 
 
 10. The trustees, or any trustee, hereunder, may take 
 such legal advice and employ such assistance as may be 
 necessary, in their judgment, to the proper discharge of 
 their duties, and shall be entitled to reasonable compensa- 
 tion for any and all services which may hereafter be 
 rendered by them, or either of them, in said trust, which 
 compensation and all proper costs, charges and expenses 
 incurred by them, the company hereby promises and 
 agrees to pay ; but in case the company shall make default 
 in such payment, the same may be retained by the trustees 
 out of any trust moneys coming into their hands. Pro- 
 vided always that the trustees shall be entitled to be paid 
 
 
 m 
 
1*11, 
 
 10 
 
 432 STREET UAILWAYS. 
 
 by the company fifty cents for each bond certified by 
 them, which payment shall be in full for all services of the 
 trustees prior to default by the company in payment of the 
 .•■^ principal or interest on bonds, but should such default 
 
 occur, then the remuneration of the trustees for services 
 consequent upon such default shall be fixed in the usual 
 way under the statute in that behalf. 
 
 11. The trustees shall not, nor shall any trustee, here- 
 under, be answerable for the default or misconduct of any 
 agent or attorney by them appointed under or pursuant to 
 these presents, if such agent or attorney be selected with 
 
 / reasonable care, nor for any eiror or mistake made by 
 
 ,/ them in good faith, but only for personal misconduct or 
 
 gross negligence in the execution of said trust, and not 
 
 the one for the other or others of them, or the acts or 
 
 defaults of the other or others. 
 
 12. Any one of tl- j trustees may resign his trust and be 
 tiischajged from all further duties thereunder, or liability 
 thereafter accruing, upon giving three months' notice in 
 writing to the company, if such resignation takes place 
 before any default by the company in the payment of any 
 interest or principal, or in any of the conditions hereof; 
 or after sucn default, upon giving a like notice to the com- 
 pany and to the bondholders, at the same time calling a 
 meeting of the bondholders to accept his resignation, or 
 
 , upon such shorter notice as the company or the bond- 
 
 holders as the case may be, may accept as sufficient. 
 
 13. The number of the trustees shall always be kept up 
 to two, and one of the trustees shall always be a resident 
 of the Province of Ontario. In case of the resignation, 
 death, removal from office, or incapacity to act of any one 
 or more of the trustees, a successor, or successors, shall be 
 at once appointed to fill such vacancy by a judge of the 
 High Court of Justice for Ontario upon the application of 
 the company, or of the remaining trustee, upon notice 
 being given to the other trustee and also to the bond- 
 holders by advertisement in each issue for two weeks in 
 the Ontario Gazette and in one daily newspaper published 
 in Toronto. From thenceforth on any new appointments, 
 under this article, any person so appointed shall be vested 
 with the same powers, rights, interests and charges, and 
 the same duties and responsibilities, as if he had been 
 originallj' named among the parties of the second part to 
 this instrument, in place of the trustee whom he succeeds, 
 without any further assurance, conveyance, act or deed : 
 but there shall be immediately executed all such convey- 
 ances, or other instruments, as nay be necessar3% or suit- 
 able for the purpose of assuring to the new trustee, so ap- 
 pointed, a full joint estate in tha premises. If no such 
 application be made by the company or the remaining trus- 
 
 ^ 
 
STREET RAILWAYS. 
 
 433 
 
 tee during four weeks after any such vacancy happens, 
 such application may be made bv any holder or holders 
 of said bonds upon notice being given to the company and 
 to the other trustee and to the other bondholders by ad- 
 vertisement as aforesaid. 
 
 \4f. Meetings of the holders of bonds secured under this 
 mortgage may be called in such mode as may be fixed by 
 regulations prescribed or established by the bondholders ; 
 and the bondholders may vote at such meetings personally 
 or by proxy ; and a quorum may be defined, and .such 
 other regulations or by-laws in respect of such meetings 
 may be from time to time established, altered, or repealed 
 by the bondholders, acting by the majority in interest, as to 
 them shall seem expedient ; and until the bondholders 
 shall define the quorum and make such regilations or by- 
 law.s, such powers may be exercised by the trustee.s, in- 
 cluding the fixing of the mode of the calling of the first 
 meeting and the conduct thereof. And the trustee .shall 
 have the right, at or before any meeting of bondholders, 
 to require that any act or resolution of the bondholders 
 atfenting the duties of the trustees shall be authenticated 
 by the signatures of all the persons assenting thereto, as 
 well as by a minute of the proceedings of the meetings. 
 And whenever and as often as anv contingencv shall arise, 
 in which the action of the holders of the bonds secured 
 hereby shall be necessary, or in which the .said bondholders 
 are herein declared to have any di.scretionary voice or 
 power, it shall be the duty of the trustees, and such trus- 
 tees .shall be and are hereby authorized and required, to 
 call a meeting of the holders of bonds secured hereby to 
 be held in the said city of Toronto, and in the sbsence of 
 any regulation or by-law determining the notice to be 
 given of such meeting, it .shall be notified to the bond- 
 holders by advertisement (the expenses whereof shall be a 
 liability of the company, and may be defrayed, if necessarj'-, 
 from the trust fund) to be published three times in each 
 week for at least four weeks, in at least two daily news- 
 papers of good circulation among the business community 
 in said city of Toronto, and in default of such meeting 
 being called by the trustees within thirty days after noti- 
 fication to them in writing by any bondholder, of the 
 necessity therefor, or in case the trust shall be wholly 
 vacant, it shall be competent for any holder or holders of 
 said bonds, to the aggregate amount of at least one-fifth of 
 the entire outstanding bonds of the company, to call such 
 meeting ; and at such meeting so convened, the holders of 
 the said bonds shall be competent to exerci.se in person or 
 by proxy, by the vote of the majority in interest of those 
 present or represented at such meeting, all the powers and 
 authority conferred upon them by these presents. Until 
 otherwise provided, pursuant to the provisions of this in- 
 strument in that behalf, a majority in interest of the 
 
 55 
 
 \n 
 
 I; 
 
434 
 
 STKEET RAILWAYS. 
 
 holdui-H of the outstanding bondn for the time boinfir, shall 
 be required to constitute a quorum at any meeting. 
 
 1.5. The word "trustees," wherever used in this inden- 
 ture shall in ail cases be construed to mean any one per- 
 son or more persons who for the time being shall 1)6 trustee 
 or trustees, whether such person or persons be the pailies 
 of the second part or any successor or successors of said 
 V • parties of the second part appointed hereunder. In case 
 
 / of a vacancy in said trust the surviving or continuing 
 
 trustee, if there be any, shall be competent to exercise, 
 until the appointment of a new co-trustee, an}' and all 
 /' . powers and authorities herein granted to the said parties 
 
 ,/ of the second part. 
 
 16. If the company, or its assigns, shall pay the princi- 
 pal of each and every of the bonds secured by this instru- 
 ment, when the same shall become payable, and all interest 
 coupons thereon as they shall from time to time mature, 
 according to the tenor of such bonds and coupons, re- 
 spectively, and shall well and truly do and observe every 
 other matter and thing provided or mentioned in these 
 presents to be by it or them done and observed, then antl 
 in that case all the estate, right, title and interest of the 
 trustees by these presents ci-eated shall cease, determine 
 
 J and become void ; otherwise the same shall remain in full 
 
 j force and virtue. And upon any such determination of 
 
 I such interest, the trustees shall, on the request and at the 
 
 I costs and charges of the company, execute such re-convey- 
 
 ance and re-assignment of the premises, as may be neces- 
 sary or expedient. 
 
 17. The company, in consideration of the premises, 
 hereby covenants and agrees to and with the trustees, and 
 their successors in the trust created by these presents, that 
 whenever and as often as the company shall hereafter ac- 
 quire any additional property, rights, franchises or things 
 whatsoever, pertaining to or for use upon the said railway 
 hereinbefore conveyed, or upon any part thereof, the com- 
 pany and its assigns shall and will acquire, possess and hold 
 the same, and every part and parcel thereof, upon and 
 subject to the trust of this indenture, until conveyance 
 thereof shall be duly made and delivered to the trustees, 
 for the benefit of the trust by these articles created. 
 
 18. And the company, for itself and its assigns, hereby 
 covenants and agrees to and with the trustees, and their 
 successors in the trust created by these presents, that the 
 bonds hereby secured or intended so to be, shall be issued 
 
 •I only at such time and in such amounts as hereinbefore 
 limited ; that the company will in each and every year 
 ensuing the dat^ hereof, faithfully use and apply the net 
 earnings and income to be from time to time derived from 
 
STREKT HAILWAYH. 
 
 435 
 
 8ai(l rnilway, branches ami extensions, or from any part 
 thereof (after (liscl>arg:ing its oldiyations upon or with re- 
 spect to prior liens thereon), or so much of such net earnings 
 and income as may be necessary for that purpose-, to the 
 payment of the interest accruing in such year on said 
 bonds, when the same shall become due until all the said 
 bonds shall be full}' paid and s-itisfied ; and that it will 
 seasonably, in each and every year, pay and discharge all 
 taxes and assessments of eveiy sort and description which 
 may be lawfully imposed, levied or assessed upon all or 
 any part of the franchises or other property herein and 
 hereby conveyed or intended or contemplated so to be, so 
 as to keep the mortgaged premises free and clear from 
 any incumbrance by reason thereof ; also that it will duly 
 make all payments to the corporation of the city of 
 Toronto, as provided by the said agreement as and when 
 the same become payable ; and also that it will insure 
 and during the continuance of this mortgage keep insured 
 against loss or damage by fire all insurable property here- 
 by mortgaged, conveyed or mentioned, or intended so to 
 be, in proper insurable proportions in the sum of its 
 full insurable value in some insurance company or com- 
 panies satisfactoi-y to the said trustees, and pay all pre- 
 miums and sums of money necessary for such purpose as 
 the same become due, and in the event of any loss of the 
 said property, or any part thereof, by fire, all moneys 
 payable from time to time to the company by the insurance 
 company or companies in respect of such loss or losses 
 shall be held by the.company for tRe benefit of the trust 
 by this mortgage created in the event of the same not 
 being expended by the company in rebuilding or re- 
 placing the property destroyed, and subject as aforesaid, 
 will on demand in writing by the said trustees pay over 
 such insurance moneys to the trustees for the benefit of 
 the trust hereby created ; but in the event of the said in- 
 sui'ance moneys, or any part thereof, not being required by 
 the company in rebuilding or replacing as aforesaid, then 
 the same may be used by the company in such manner as 
 the board of directors may declare by resolution, concurred 
 in by the trustees in writing ; and that it will, from time 
 to time, and at all times hereafter, and as often as there- 
 unto requested by the trustees under this indenture 
 execute, deliver and acknowledge all such further deeds, 
 conveyances and assurances in the law, for the better 
 assuring unto the trustees, upon the trust herein expressed, 
 the railway aforesaid, acquired or to be acquired, con- 
 structed or to be constructed, together with their equip- 
 ments, appurtenances and franchises, and all and singular 
 the lands, property, insurance policies, insurance moneys 
 and things, hereinbefore mentioned or described, acquired, 
 and to be acquired, and granted or conveyed, or agreed or" 
 intended or contemplated to be granted x)r conveyed, to 
 
 m 
 
 i 
 
4M 
 
 STKKBT UAILWAYS. 
 
 the trutttees, or their successors in the trust crentuil hy 
 these presents as by the trustees or hy their oouii.sol 
 learned in the law hhall be reasoiia4>Iy advised, devised 
 ,'f' or required. 
 
 19. The company hereViy covenants and agrees with the 
 tiiistees, and their successors and survivor, tor the benefit 
 and iti trust for the holders of tlie said bonds, that tiie 
 said company will pay ort' and redeem, on the thirty-first 
 day of August, in each of the ten years preceding the year 
 ending on the 3lst day of August, A. D. 1921, five pur 
 cent, of the whole issue of bonds, so thai there shall be 
 • outstfinding in the last of such ten years fifty per cent. 
 / only of the total amount of bonds issued ; and if any part 
 
 '■• of the said $4,550,000 of bonds be issued after the first 
 
 determination by lot of the bonds to be redeemed during 
 said ten years, there shall be cancelled by the trustees and 
 delivereci back to the company so much of said part a» 
 will represent five per cent, thereof for each year of said 
 ten years prior to the issue of such part, so that the five 
 per cent, to be redeemed during the succeeding years will 
 be sufficient to leave outstanding in the last of said ten 
 years fifty per cent, only of the total amount of bonds 
 issued. And the company will pay, for the purpose of 
 paying ofi' and redeeming such bonds, into the chief office 
 of the Canadian Bank of Commerce, in Toronto, as afore- 
 i' said, at IcHst ten days before the 31.st dav of August in 
 
 I each of the years 1911, 1912, 1913, 1914, 1915, 191G, 1917, 
 
 ' * 1918, 1919 and 1920, an amount suf^pient to pay off and 
 
 ' redeem such five per cent, of the whole issue of bonds, as 
 
 aforesaid ; and the particular bonds so to be redeemed sliali 
 be determined in every case by lot cast .or drawn some 
 time in the month of June, next previous to such redemp- 
 tion by .some disinterested person or persons appointed by 
 the company and approved of by the trustees, and the 
 result of such lot designating and specifying the particular 
 bonds to be redeemed shall be published in the city of 
 Toronto, by advertisement at least four times a week in a 
 daily nev.'spaper in the said city at least forty days before 
 the day of payment ; and notice of such result shall also be 
 mailed to the registered afldress of any registered bond- 
 holders. And that all bonds so redeemed, and all coupons 
 thereof, shall be surrendered to and cancelled by the com- 
 pany in the presence of the trustees, who shall keep a list 
 thereof, and no interest shall accrue on any bonds so 
 designated for redemption after it has thereby become 
 payable, and the company shall be ready to pay the same ; 
 and all coupons representing future interest on such bomls 
 .so designated and .specified shall thenceforth and there- 
 after be void. 
 
 In witness whereof the company has caused its cor- 
 porate seal to be hereunto affixed, and these prcsent.-s to 
 
NTREET RAILWAYS. 
 
 487 
 
 be signeil by its pi-esident, find by its secretary ; and the 
 Hftifl trnsteoH, to uvideiict' tho ncceptuncu of the said trust, 
 have likewise signed'and sonlcd these presents. 
 
 TouoNTo Railway Company, 
 
 Signed, rtealeii and delivered 
 in the presence of 
 
 (Sgd.) W. P. ToKRANOE. 
 
 (Sgd.) Chas, E. L. Pohtkouh. 
 (Sgd.) V. C. BuoWN. 
 
 (Sgd.) Wm. McKenzie,, — ' — , 
 
 PresiJent l.^:rLt[ 
 
 (Sgd.) J. C. Grace, l«^'**yf 
 
 bwii'tdry. ' — , — ' 
 
 (Sgd.) II. B. An(jus, [Seal.] 
 
 TriMtee. 
 
 (Sgd.)riKO. A. Cox, [Seal.] 
 
 TruHtee. 
 
 the 
 ular 
 
 of 
 m a 
 fore 
 
 be 
 )ond- 
 
 cov- 
 trt to 
 
 Schedule "A" 
 
 '.■V 
 
 Referred to in the mortgage made this first day of Septem- 
 ber, in the year of our Lord one thuu.sund eight hundred 
 and ninety-two, between The Toronto Railway Com- 
 pany, a body corporate and politic duly incorporated 
 under the laws of the Province of Ontario, in the 
 Dominion of Canada; hereinafter called "the company," 
 party of the first part, and Richard Blndworth Angus, of 
 the city of Montreal, in the Province of Quebec, in the 
 Dominion of Canada, Esquire, and Georgo AlbertusCox, 
 of the city of Toronto, in the said Province of Ontario, 
 Esquirti ; hereinafter called " the trustees," parties of 
 the second part. 
 
 Lands, including all buildings and erections thereon : 
 
 (a) That freehold property of the Toronto Railway 
 Company on the .south-east corner of Front and Frederick 
 streets, in the city of Toronto, having a frontage of two 
 hundred feet o;i the south side of Front street, a frontage 
 of two hundred feet and five inches on the north side of 
 Esplanade street, and a frontage of four hundred and fifty- 
 three on the east side of Frederick street excepting there- 
 out the lot known as the Currie lot, having a frontage on 
 Frederick street of eighty feet and two inches by a depth 
 of sixty-six feet. 
 
 {b) That freehold property of the said company on the 
 south-west corner of Front and George streets, in said city, 
 having a frontage of one hundred and thirty-eight feet and 
 five inches on the .south side of Front street, a frontage of 
 four hundred and forty-three feet and three inches on the 
 west side of George street, and a frontage of one hundred 
 and thirty-four feet and three inches on the north side of 
 Esplanade street. 
 
 (c) That fieehold property of the said company on the 
 north-west corner of Front and Frederick streets, in said 
 city, having a frontage of one hundred and thirty-six feet 
 
 ■im 
 
43K 
 
 STRKET RAILWAYS. 
 
 on the north side of Front Htrcet, and a depth of one hun- 
 dred and thirty-six feet and nino inches on the west sirlc 
 of Fredt-riok street. 
 
 (d) That freehold property of the said company on th<! 
 south-east corner of Kuig and St Lawrence streets in 
 said city, havinj; a frontHj^e of two hundred feet on tlic 
 south side of Kin;^ street, and u frontage of one hundred 
 and ninety-thit'c feet and nino inches on the east side of 
 St. Lawrence street. 
 
 (e) That leasehold property of the .said company on tht- 
 nortli side of St. Lawrence street occupied by them in con- 
 nection with the freehoM prtiperty hvstly above desoril)ei|, 
 and helil by the said company under lease from tiie tnis- 
 tees of tlie Toronto General Hospital. 
 
 (/) That freehold property of the .said company 6n the 
 south side of Scollard street, in .sai<i city, commencing on 
 the south side of SooUard street at a point distant one 
 hundr(3d and seventy feet westeily from the west side of 
 Yonge street, and running westerly from tliat point three 
 hundred feet, and having a uniform deptli of seventy-five 
 feet and eight inches, together with the leasehold property 
 of the said company adjoining the same and used int con- 
 nection therewith. 
 
 (</) That freehold property of the said company on tlie 
 north side of Yorkville avenue three hundred and seventy 
 feet westerly from the west side of Yonge street and lun- 
 ning from that point westerly one hundred feet, and hav- 
 ing a nniform depth of one hundred and sixty-five feetnnd 
 eleven inches. 
 
 This Is schedule " A " 
 Witness, 
 
 (Sgd.) W. P. TORMANCE 
 
 referred to in within mortgage. 
 
 (Sgd.) Wm. McKknzie, 
 
 President. 
 (Sgd.) J.C. Graci;, 
 
 Secretary. 
 
 ] 
 
 Seal 
 TorontH 
 
 Conii)ari.v I 
 
 it(i I. 
 
 Preamble. 
 
 57 Vict. o. 98 (Ont.) 
 An Act respecting The Toronto Railway Com])aiiy. 
 
 [Assented to oth May, 1894.] 
 
 WHEREAS the Toronto Railway Company has, by its 
 petition, prayed that an Act may be passed, for tiie 
 purpose of amending their Act of Incorporation, and em- 
 powering the board of directors to increase or decrease the 
 number of its directors, and to make regulations in lefereiice 
 to the tiansfer of the stock of the company, and whereas 
 
8TRKKT RAILWAYS, 
 
 430 
 
 it \h deniraMe that the qiial'iHcations f)f tho citizens for ( t , 
 votinjj unrlor nection 1 of tho Act incorporatiiiff tlio Toronto 
 Kail way Company pasHcd in tho 55th year of Her Mn jesty's 
 reign bo deHne<l, and that proper regiihitionM and safe- 
 guards ho provided for tho conduct of such vote and 'liat 
 a reasonaV)lo interval shoidd ellipse hetweoii such votes ; 
 and whereas it is expedient to grant the prayer of the said 
 petition. 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Le^isliitivo Assembly of tho Province of 
 Ontario, enacts as filiows : — 
 
 1. Tho directors of the company may, by by-law, from ii,crea«ing or 
 time to time incroiise to not n»oro than fifteen, or decrenso •■«<l"t-'ii»g 
 
 to not loss than three, tho number of its directors ; but "•> Jiir"',!tor8°' 
 by-law for either of the said purposes shall be valid, or 
 acted upon, unless it is ap|)roveJ of at a special yeneral 
 meeting called for the purpose, at which meetintj share- 
 holders representing at least two-thirds in value of the 
 subscribed stock of the company are present in person or 
 represented by proxy, or until a copy of tho by-law has 
 been certified, under the seal of the company, to the Pi'o- 
 vincial Secretary, and also has been published in the 
 Ontai'io Qazette. 57 V. c. 93, s. 1. 
 
 2. Shares in tho capital stock of the company may be Transfer of 
 transferred by any form of instrument in writing, but no8'i»''e8. 
 transfer shall become effectual unless the stock certificates, 
 
 issued in respect of the shares intended to be transferred, 
 are surrendered to tho company, or the surrender thereof 
 dispensed with by the company. 57 V. c. 93, s. 2. 
 
 3. Notwithstanding anything in tho Acts relating to the Agencieifor 
 company contained, tho directors of the company niay ^J*""^®' ^"^ 
 establish agencies for the transfer of stock in Canada or ° " 
 elsewhere, prescribe the form of transfer of shares, and 
 
 mode of registration thereof ; and make all such by-laws, 
 provisions and regulations in any way relating to the 
 transfer or acceptance of stock as to them may seem 
 expedient. 57 V. c. 93, s. 3. 
 
 4- The holders of any bonds heretofore issued by tho Bonds. 
 Toionto Railway Company and secured by the mortgage 
 deed set forth in schedule "A" to the Act passed in the 56th 
 year of Her Majesty's reign, chapter 101, intituled An 
 Act respedinft the Toronto Raikvay Company, may with 
 the consent of the company surrender to the com|)any such 
 Ijonds or part thereof for the purpose of being cancelled 
 and of having issued in lieu thereof bonds payable in ster- 
 ling, as hereinafter authorized. And upon such surren- 
 dered bonds being duly cancelled and delivered to the 
 trustees under said mortgage deed, the company may 
 issue in lieu thereof new bonds of like date, tenor and 
 
440 
 
 STREET RAILWAYS. 
 
 effect, and at the same rate of interest, but with principal 
 and interest payable in sterling money of Great Britain 
 and Ireland, at such place ur places in Great Britain as the 
 company may determine. Each new bond may be for a 
 sum not less than £100, and the total amount of such new 
 bonds shall not exceed the total amount of the said sur- 
 rendered and cancelled bonds, calculated at the rate of 
 S486.6()§ for every £100 sterling. Such numbers may b<i 
 placed upon such new bonds and coupons thereof, that the 
 same will not conflict with the numbers upon any out- 
 standing bonds. 
 
 Such new bonds shall be certified by the trustees and 
 thereupon they shall, for all purposes, take the place of the 
 surrendered bonds, and the holders thereof shall be entitled 
 to the same securities, rights, powers and privileges, as if 
 instead of such new bonds they held the bonds which had 
 been surrendered therefor. 
 
 Instead of hereafter issuing bonds secured by said mort- 
 gage deed, payable in lawful money of Canada as provided 
 therein, the Toronto Railway Company may issue in lie'.i 
 thereof, or of part thereof, bonds of like date, tenor and 
 effect and at the same rate of interest, but with the prin- 
 cipal and interest payable in sterling money of Great 
 Britain and Ireland, at such place or places in Great 
 Britain as the company may determine. Each bond may 
 be for a sum not les> than £100, but the total amount of 
 bonds hereafter issued and secured by said mortgage deed 
 shall not exceed the amount which: the company is now 
 authorized to issue, in lawful money of Canada, each £100 
 sterling for this purpose being calculated at the rate of 
 $486.66f . The holders of the bonds hereafter issued pay- 
 able in sterling money of Great Britain and Ireland, 
 instead of in lawful money of Canada, shall be entitled to 
 the same securities, rights, powers and privileges as if such 
 bonds had been issued payable as provided in the snid 
 mortgage deed ; and the provisions of the said mortarayti 
 deed and statute therein referred to shall apply to such bonds 
 and the issue thereof and to the disposition of the pro- 
 ceeds thereof. 
 
 Bonds payable in sterling money and issued under the 
 foregoing provisions may, undei" the like terms and con- 
 ditions, be surrendered and cancelled, and in lieu thereof, 
 bonds of equal amount payable in lawful mcney of Can- 
 ada of like date, tenor and effect as in the said mortgage 
 deed provided, may, under like terms and conditions be 
 issued. 57 V. c. 93, s. 4. 
 
 Applicat: jnof 6. All proceedings, regulations and penalties provided 
 provisio.is as lyy fj^^ Consolidated Alunicipal Act, 1892, ^nd rtmend- 
 ments thereto, for the conduct of municipal elections and 
 for voting upon municipal by-laws, so far as the same are 
 applicable, and except s^ far as is herein otherwise pro- 
 
 to municipal 
 elections in 
 65 V. c. 42. 
 
STREET RAILWAYS. 
 
 4iL 
 
 vided, shall apply, mutatis tnutandis, to the taking of 
 every vote upon the question of open.,ting a Sunday 
 service of street cars in the city of Toronto, and to all 
 officers and orher persons engaged in taking such vote. > 
 57 V. c. 93, s. 5. 
 
 6. — (1) The submission of the said question shall be in By-law for 
 pursuance of a by-law of the municipal council of the said s^^^njl'ting 
 city, which shall define the character and extent of the Sunday 
 proposed service. But no such by-law shall be submitted service, 
 until the terms thereof defining the character and extent 
 of such proposed service shall first have been approved and 
 adopted in writing by the company. 
 
 (2) The said municipal connci! may, by the said or a 
 subsequent by-law, require that a new registration of the 
 manhood suffrage votefs of the said city shall for the pur-' 
 poses of the taking of the said vote be had under the 
 provisions of The Manhood Suffrage Registration Act, 
 1894, and in luch t .se the proceedings for preparing the 
 list of voters and in reference thereto shall be the same 
 as nearly as may be as the one to be had and taken in the 
 preparation under the said Act of the list of voters in case 
 of a special election to the Legislative Assembly, and such 
 list shall, as to the manhood suffrage voters, be the list to 
 be used in taking the said vote. 
 
 (3) Immediately after the passing of such by-law the 
 clerk shall transmit a copy thereof to the chairman of the 
 board of Manhood Suffrage Registrars, who shall there- 
 upon call the board together and the board shell forth- 
 with take the nocossaiy proceedings for the registration of 
 the manhood suffrage voters for the purposes of this Act. 
 57 V. c. 93, s. 6. 
 
 7. The persons qualified to vote upon the said question Qualificatioa 
 shall be all per-ons residing or engaged in business within ''^^°'®"- 
 the municipality of the city of Toronto who shall at the 
 time of taking any such vote be entitled to vote at muni- 
 cipal elections in the said city of Toronto in accordance 
 with the provisions of The Consolidated Municipal Act, '*^ • '^' ^ 
 1893, and amendments thereto, and also all peroons resid- 
 ing or engaged in business within the said municipality 
 who shall at the time of taking any such vote b>.' entitled 
 to vote at elections to serve in the Legislative Assembl}' 
 of this Province in accordance with the provisions of ThcMiV. c. 3. 
 Ontario Election Act, 1892, and amendments thereto, and 
 whose names are entered on the last revised voters list for 
 the said municipality, and also all persons, entitled to vote 
 at elections for the Legislative Assembly as aforesaid, 
 whose names are entered on the last lists of manhood 
 suffrage voters for the said municipality under The 
 City Manhood Safrage Registration Act, 1894.. 57 V. 
 c. 93, H. 7. 
 66 
 
 f '.I 
 
442 
 
 STRKKT RAILWAYS. 
 
 t^ 
 
 ijstsof man- 8- The clerk of the said niunicipality shall procure cer- 
 votor™*'^'^^* tified copies of the last lists of manhood suffrage voters for 
 the said municipality prepared under 'Dm Manhood Suff- 
 rage Registration Act, 1894, from the clerk of the peace, 
 and shall before the poll is opened deliver to the deputy 
 returning officer for every polling sub-division a copy, 
 either printed or written or partly printed and partly 
 written, of the proper manhood suffrage voters' list for the 
 polling sub-division, ceriitied by him to be ac«>rrect list of 
 all manhood suffrage voters entitled to vote upon the said 
 question at such polling sub-division. 57 V. c. 93, s. 8. 
 
 Clerk to cer- 9. The clerk of the peace shall, on the last page of each 
 furaish same such certified copy of the aforesaiil nmnho^ x suffrage voters' 
 
 to deputy 
 returning 
 o£Bcer8. 
 
 lists, certify the date on which, as appearing by the regis- 
 trars' certificate appended to his list, the fii'st sitting was 
 held for the preparation of such manhood sufirage voters' 
 list, and the clerk of tlio municipality shall furnish to each 
 d(^uty returning ofticer u certified copy of the certificate 
 aflfecting the polling sub-division for which such deputy- 
 returning otticer is appointed. 57 V. c. 93, s. 9. 
 
 Voters only \Q, No penson shall vote more than once upon the said 
 to vote once, ^^estion. 57 V. c. 93, s. 10. ^ 
 
 By-Iftwtofix 11. The municipal council of the said city, by the by- 
 piTce for sum- ^^^ whereby a time for taking any vote upon tlie said 
 ming up, etc. question shall be fixed, shall also fix a time and place at 
 which the clerk of the municipality shall sum up the num- 
 ber of votes given in favour of deciding the said question 
 in the affirmative and in the negative respectively, and a 
 time and place for the appointment of agents who may 
 attend at the various polling places and at the final sum- 
 ming up of the votes by the said clerk respectively, on 
 behalf of the persons desiring to procure an answer in the 
 affirmative and negative respectively to the said question. 
 57 V. c. 93, s. 11. 
 
 Appointment 
 of agents. 
 
 12* At the time and place so fixed the said clerk shall 
 appoint in writing, signed by him. from among the appli- 
 cants for such appointment or on behalf of applicants for 
 each polling sub-division in the said city, two agents on 
 behalf of the persons desirous of procuring an affirmative 
 answer to the said question, and a like number of agents 
 on behalf of the persons desirous of procuring a negative 
 answer thereto, who may attend at each polling |ila«.e dur- 
 ing the taking of such vote, and shall also similarly ap- 
 point two persons on each side who may attend at the 
 final summing up of the vote. 57 V. c. 93, s. 12. 
 
 Agents to 13. Every person so appointed, before being admitted 
 
 authority.*"" ^^^ ^^^ polling place or to the summing up of the vote, as 
 
 the case may be, shall produce to the deputy returning 
 
STREET RAILWAYS. 
 
 443 
 
 officer or the clerk of the municipality, as the case may be. ' 
 his written appointment. 57 V. c. 03, s. 13. 
 
 14. All deputy leturning officers, poll clerks and agents OfRcern to 
 who may be entitled to vote may vote on the said ques- l^^i^y^^^ 
 tion at the places at which they are employed in the same 
 manner and under the .same conditions as at municipal 
 elections. 57 V. c. 93, s. 14. 
 
 16. The oath or affirmation which is to be administered Oath of 
 to persons claiming the right to vote upon the said ques- ^'o*^"- 
 tion shall be in accordance with the forms set forth in 
 schedule "A" hereto, and every deputy returning officer who 
 shall preside at any polling place during the taking of any 
 such vote is hereby authorized and required, upon lequest 
 of any person entitled to be present in such polling place, 
 to administer the said oath or affirmation to every person 
 claiming such right ; and if any .such person shall refuse 
 to take such oath oi- affirmation his vote .shall not be re- 
 ceived ; and if the deputy returning officer receives such 
 vote or causes the same to be received he shall incur a 
 penalty of SL90 for each such offence. 57 V. c. 93, s. 15. 
 
 16- Immediately after the close of the poll in every Duties of 
 polling place the deputy returning officer shall, in the^^PH^y"^ 
 presence of the persons authorized to be present, count the cers at close 
 votes given " yes " and " no " on the .said question, and of poll, 
 shall make up into separate packets, sealed with his own 
 seal and the seals of .such of the persons authorized to be 
 present as desire to affix their seals, and marked upon the 
 outside with a short statement of the contents of each 
 such packet, the date, the name of the deputy returning 
 officer and of the ward and polling sub-division — 
 
 (a) A statement shewing : — 
 
 (1) The votes given " yes " on the said question, 
 
 (2) The votes given " no " thereon. 
 
 (b) The used ballot papers which have not been ob- 
 jected to and have been counted. 
 
 (c) The ballot papers which have been objected to, but 
 which have been counted. 
 
 (d) The rejected.ballot papers. 
 
 (e) The spoiled ballot papers. 
 
 (/) The unused ballot papers. 
 
 (g) A statement of the number of voters whose votes 
 are marked by tlie deputy returning officer under the 
 heads " physical incapacity " and " unable to write," with 
 the declarations of inability. 
 
 
444 
 
 RTKEET RAILWAYS. 
 
 (h) The voters* lists with the oath of the deputy return- 
 ing officer, in accordance with schedule " G " to The Consoli- 
 dated Municipal Act, J893, and the notes taken of 
 objections made to ballot papers found in the ballot box. 
 57 V. c. 93, s. 16. 
 
 j^iqwor no*, to 17. No spirituous or fermented liquoi-s or strong drink 
 poUing. """^^ ^^^^^ ^® ^°'"^ ^'" given at any hotel, tavern, shop or other 
 place within the limits of a polling sub-division during the 
 polling day under a penalty of $100 for every offence ; and 
 the offender shall be subject to imprisonment not exceed- 
 . ' irig six months at the discretion of the court or judge, in 
 
 default of payment of such fine. 57 V. c. 93, s. 17. 
 
 When ques- 
 tiou may be 
 re-snbniitted. 
 
 Meaning of 
 " the com- 
 pany." 
 
 Short Title. 
 
 18. After the taking of any vote upon the said question 
 which shall result in the giving of a negative answer 
 thereto, it shall not be lawful for the municipal council of 
 the cit}' of Toronto again to submit the said question until 
 a period of three years at least shall have elapsed, and 
 after the passing of this Act it shall not be lawful for the 
 said council to submit the said question before the year 
 1896. 57 V. c. 93, s. 18. 
 
 \ 
 
 19. In this Act the words " the company " shall niean 
 the Toronto lUilway Company. 57 V. c. 93, s. 19. 
 
 20- This Act may be cited as " The Toronto Raihoay 
 Company's Act, 1894." 57 V. c. 93, s. 20. 
 
 SCHEDULE "A." 
 {Section 15.) 
 
 1. You swear {or solemnly affirm) That you are the 
 person named {or intended) to be named by the name of 
 
 in the list 
 of voters now shewn to you. 
 
 2. That you are a natural born {or naturalized) subject 
 of Her Majesty and are of the full age of twenty-one years. 
 
 3. That you are now actually residing {or engaged in 
 business) within this municipality. 
 
 4. That you have not voted before during the taking of 
 this vote either at this or any other polling place. 
 
 5. That you have not directly or indirectly received any 
 reward or gift, nor do you expect to receive any, for the 
 vote which you now tender. 
 
 6. That you L'».ve not received anything nor has any- 
 thing been promised to you directly or indirectly either to 
 
 .-■a. 
 
STREET RAILWAYS. 
 
 445 
 
 induce you to vote upon the taking of this vote or for loss 
 of time, travelling expenses, hire of team, or any other ser- 
 vice connected v/ith the taking of this vote. 
 
 7. And that you have not dir^"*''- "" '"rlirectly paid or 
 promised anything to anj' person either cu muuce him to 
 vote or to refrain fiom voting upon the taking of this vote 
 
 8. {In the case of an unmarried ivoman or widow 
 claiming to vote.) That you are unmarried (or a widow 
 as the case may be.) 
 
 {In the case of a voter claiming the right to vote as a 
 freeholder.) 
 
 9. 'J'hat you are in your own right (or your wife is) a 
 freeholder within this municipality. 
 
 (In the case of a verson claiviing the right to vote as a 
 householder or tenant.) 
 
 10. Thiih on the day of 18 
 {the day certified by the clerk of the municipality as the 
 date of the return or of the final revision and correction 
 of the assessment roll upon which the voters' list used for 
 the purpose of talcing the vote is based) j'ou were actually, 
 truly and in good faith possessed to your own use and 
 benefit, as tenant or occupant of the real estate in respect 
 of which your name is entered on the said list ; that you 
 are (or your wife is) a householder or tenant within this 
 municipality, and that you have been resident within this 
 municipality for one month next before the present date. 
 
 (In the case of a person claiming the right to vote in 
 respect of income.) 
 
 11. That on the day of 18 
 {the day certified by the clerk of the municipality as the 
 date of the final revision and correction of the assessment 
 Toll npon which the voters list used, for the purpose of 
 taking the vote is based) you were and thencefoiwuid have 
 been continuously and still are a resident of this city, and 
 that at the said date and for twelve months previously 
 you were in receipt of an income from your trade (office, 
 calling or profession, as the case may be) of a sum of not 
 less than $400. 
 
 (In the case of a person claiming the right to vote by 
 reason ?/ his being oditled to vote at elections to serve in 
 the Legislative Assembly.) 
 
 12a. That you have resided within this Province for nine 
 months before the (a) day of , being tlie day fixed 
 by statute or V>y-lavv, authorized by statute, for beginning 
 to make the assessment roll in which you were entitled to 
 be entered as a person ({ualified to vote. 
 
 b. That you were, at the date aforesiaid, in good faitli a 
 resident of and domiciled in the municipality in the list of 
 
 
 I ij 
 
448 
 
 STREET RAILWAYS. 
 
 which you were entered, that you have resided in this elec- 
 toral district continuously from the said date, (b) and that 
 you are now actually residing and domiciled therein. 
 
 (Or) • . 
 
 12tt. That you have resided within this Province for 
 twelve months before the (a) day of , being the day 
 up to which complaint could be made to the county judge, 
 under The Voters' Lists Act, to insert the name of any per- 
 son in the list. 
 
 b. That you were, at the time aforesaid, in good faith a 
 resident of and domiciled in the municipality in the list of 
 which you were entered, that you have resided in this elec- 
 toral district continuously from the said date, {b) and that 
 you are now actually residing and domiciled therein. So 
 help you God. 
 
 (In the case of a person claitning the right to vote by 
 reason of registration under The City Manhood ^Suffrage 
 Registration Act, 1894..) 
 
 13a. That you resided within this Province for the twelve 
 months next preceding (c) the day of 18 . 
 
 6. That you were on the said day in good faith a resident 
 of and domiciled in this municipality ; that you have 
 resided in this municipality continuously from the said 
 day (1)) and that you are now actually residing and domi- 
 ciled therein. 
 
 c. That you are entitled to vote upon the taking of this 
 vote in this municipality. So help you God. 
 
 Note. — (a) The date to be inserted is at the choice of the voter to be 
 either the date fixed by law for the assessor to begin to make the assess- 
 ment roll or the last day for making a complaint to the county judge 
 under section 13 of The Voters' Lists Act. 
 
 NoTK. — (/>) In case the voter has been temporarily absent for any of the 
 purposes allowed by law insert the words following : " Except occasionally 
 or temporarily in the prosecution of your occupation as (mentioning, as 
 the case may be, a luniDermaii, or mariner, or fishernmn, or in attendance 
 as a student in any institution of learning in the Dominion of Canada, 
 naming the institution). " 
 
 NoTK. — (e) Insert here the day of the first sitting held for the regis- 
 tration of manhood sufiTrage voters on which the poll book is based. 
 
 54 V. c. 93, sched. 
 
STREET UAILWAY8. 
 
 a TORONTO AND MIMICO ELEOTBIO RAILWAY AND 
 , LIGHT COMPANY. 
 
 447 
 
 n 
 
 J) 
 
 54 Vict. o. 96 (Ont.) 
 
 An Act respecting the Toronto and Mimico Elec- 
 tric Railway and Light Company (Limited). 
 
 [Assented to Uh May, 181) 1.] 
 
 WHEREAS by letters patent, dated the fourteenth day Freambl& 
 of November, A.D. 1890, duly issued under The 
 Ontario Joint Stock Companies' Letters Patent Act, The 
 Street Raikuay Act, and The Act respecting Companies 
 for Steam and Heating, or for supplying Electricity for 
 Light Heat or Poiver, the Toronto and Mimico Electric 
 Railway and Liglit Company (Limited), was duly incor- 
 porated for the purpose of constructing and operating a 
 single or double line of street railway in the city of 
 Toronto and in the townships of York and Etobicoke, and 
 upon and along such of the streets, highways snid public 
 places in the said city of Toronto and in the said 
 townships of York and Etobicoke, as the councils of th(3 
 said mtmicipalities might by by-law authorize ; and where- 
 as under the provisions of The Street Railway Act, certain 
 by-laws have been passed by the municipal councils of the 
 county of York and the township of Etobicoke, autho- 
 rizing the said company to construct and operate their 
 railway upon, over and along certain portions of the road 
 known as the Lake Shore road, suljject to such agree- 
 ments as committees of the respective councils might ap- 
 prove ; And whereas a certain agreement dated the 2ord day 
 of December, A.D. 1890, was entered into between the said 
 company and the corporation of the county of York, where- 
 by the said company acquired the privilege of construct- 
 ing and operating their said railway over, along and upon 
 a certain portion of the road known as the Lake Shore 
 road, owned by the said corporation of the county of Yoik ; 
 and therein particularly defined ; and whereas by a cer- 
 tain other agreement dated the 24<th day of January, ] 891, 
 entered into between the said company and the corpora- 
 tion of the township of Etobicoke, the said company 
 Jicquired the privilege of operating their said I'ailway over, 
 along and upon a certain portion of the said road known 
 as the L'lke Shore road, owned by the said corporation 
 of the township of Etobicoke and therein particularly 
 defined ; and whereas the said company have by their 
 petition I'epresented that it is necessary to the successful 
 carrying out of their undertaking that the validity of the 
 said by-laws and agreements should be unquestionable ; 
 and whereas the said company have also represented by 
 
 k^ 
 
 m 
 
 
448 
 
 STREET RAILWAYS. 
 
 their petition that it is necessary in order to secure the 
 successful carrying out of their different undertakings, as 
 well as in the interest of the general public that certain 
 other powers and privileges should be granted them ; and 
 whereas it is expedient to grant the prayer of the 
 petition. 
 
 Therefore Her Majesty, by and with the advice 
 consent of the Legislative Assembly of the Province of 
 Ontario, enacts as follows : — 
 
 said 
 
 and 
 
 of York 
 GOO firmed 
 
 By-law8of 1. By-law ^umber 590 passed by the municipal council 
 S'toL"' of the county of York on the 22nd day of November, A. D. 
 and county 1890, and by-law number 471, passed by the council of the 
 township of Etobicoke on the 1st day of December, A. D. 
 1890, set forth in schedules " A " and " B " to this Act, and 
 the said agreements entered into between the corporation 
 of the county of York and the said company, and the cor- 
 poration of the township of Etobicoke and the said coiu- 
 lany, set forth in schedules " C " and " D " to this Act, are 
 lereby ratified and confirmed and declared to be valid and 
 )inding for all purposes whatsoever. 54 V. c. 96, s. 1. 
 
 completing 
 work. 
 
 Power to ex- 2- The councils of the said municipalities may, from 
 tend time for ^jjj,g ^^ time, bv resolution, extend the tmies for beginning 
 
 beeinnins or i , • . i i • n • i i. i • i " * 
 
 - - or completmg lohe lines ot railway or the said company or 
 
 any portion thei-eof named in the said before in part re- 
 cited agreements or any of them, provided that no such 
 extension shall be for a longer period than one year, and 
 ■. shall not be in any event for a period longer than that 
 
 fixed by the terms of the letters patent under which the 
 said company was incorporated. 54 V. c. 96, s. 2. 
 
 Power to 3. The directors of the said company aro hereby author- 
 
 debentures of *^®*^ *'^ make and to issue from time to time bonds or de- 
 company, ben^ures of the company to the total extent of S100,000, 
 such bonds or debentures to be in sums of not less than 
 J$100 each, and on such terms and credit as they may 
 think proper, which said bonds or debentures shall he 
 taken and considered to be the first preferential charge 
 upon the undertaking and real property of the company, 
 iricludiiig its rolling stock and equipments, now existing 
 or at any time hereafter acquired, subject always to tlie 
 lien of any unpaid vendor in respect of any of said pro- 
 perty, and each holder of any of the bonds or debentures 
 so issued shall be deemed to bo a mortgagee and encum- 
 brancer pro rata with all the other holders thereof upixi 
 the undertaking and property of the company as afore- 
 said ; Provided always that the consent of three-fourths in 
 rroviso. value of the stockholders of the company, present or re- 
 presented by proxy, at any meeting of the company 
 .specially called for that purpose, shall be first had and 
 obtained. 54 V. c. 96, s. 3. 
 
STREET RAILWAYS. 
 
 449 
 
 4. Subject to the terms of the letters patent under Power to »c- 
 which the said company is incorporated, the said company^"'"**"'* ^y 
 shall have full power and authority to receive, acquire and ^^^ L^'to 
 hold, for any estate in the same, all voluntary grants and diapose of 
 donations of land or other property in aid of ami neces- ■•'"*• 
 sary for the construction, maintenance and accommodation 
 of the said street railway ; and to sell, lease, alienate and 
 dispose of, or mortjjugo the same ; and shall also have 
 power to purchase, lease, acquire and hold, for any estate 
 in the same of any corporation or person, any land or 
 other property necessavy for the construction, maintenance, 
 accommodation and use of the said street railway or for 
 any of the purposes of the said company ; and to sell, 
 lease, alienate and dispose of, or mortgage such last men- 
 tioned land or proptity. 54 V. c. 9G, s, 4. 
 
 6. The said company is hereby authorized to purchase, Power to ac- 
 lease or acquire by voluntary donation or otherwise, and V"'"® ' t"^"^ 
 to hold, for any estate in the same, and to sell, lease, alien- '"'P*'' "'* "• 
 ate or mortgage any lands or premises intended and neces- 
 sary and suitable for park or pleasure grounds not exceed- 
 ing 100 acres and being situate in the city of Toronto or 
 the townships of Etobicoke or York, or partly in one and 
 partly in another of the said municipalities ; and the said 
 company are authorized to improve and lay out such lands 
 as parks or places of public resort, and to increase, but not 
 beyond the limit of the said 100 acres, the area of such 
 lands, from time to time ; and may make and enter into 
 any agreement or aiTangements with the municipal cor- 
 porations of the county of York and townships of York ^''°^'**** 
 and Etobicoke and the city of Toronto, or any of them in 
 respect thereto ; provided that none of the foregoing pro- 
 visions of this section shall be in force or have effect 
 unless or until said municipal council or councils of the 
 municipality or municipalities wherein the lands proposed 
 to be acquired by the said company ure situate, shall by 
 by-law have declared its or theii- assent to the said com- 
 pany acquiring lands under and for the purpose men- 
 tioned in this section ; provided, moreover, that the com- proviso. 
 f)any shall not, under any of the provisions of this section, 
 lave any ri"ht or power to purchase, lease or acquire any 
 lands after tlie lapse of four years from the passing of this 
 Act. 54 V. c. 9G, s. 5. 
 
 6. The said municipalities or any of them may lend to, Municipali- 
 or guarantee the payment of any sum of money Vjorrowed *^'«'' ""'y, ^ 
 
 1 °, ., r .• Krant aid to 
 
 by the said company irom any corporation or person , or °y„^p 
 endorse or guarantee the payment of bonds or debentures 
 issued by the said company, and may also assist the said 
 company by bonus, gift or loan in the mannei' provided by 
 section 39 of The Raliway Act of Ontario, and section _ „ 
 634 of The Miiniciixd Act, but always subject and pur- 170.' 
 a? 
 
 ■Si-. 
 
450 
 
 Rev. 
 184. 
 
 HTREIilT MAILWiVTS. 
 
 Sut 0. guant to and in conformity with the nrovisions of the said 
 ActN in that behair, and eHpecially Huuject and pursuant to 
 and in conformity with all the roquircmcntM in that l>c- 
 lialf of said section 89 and said section (184. 
 
 54 V. c. 96, H. 6. 
 
 SCHEDULE "A." 
 
 (Section 1.) 
 
 By-Law No. 590. 
 
 A by-law to authorize and empower the directors of the 
 Toronto and Mimico Electric Railway and Light Com- 
 pany (Ltd.), to locate and operate an electric railway 
 uiong the Lake Shore road, which is owned by the 
 county. 
 
 Whereas the directors of the Toronto and Mimico Elec- 
 tric Railway and Light Company (Ltd.), have petitioned 
 this council for permission to construct and operate an 
 electric railway along the Lake Shore road, which is 
 owned by the county. 
 
 Be it therefore enacted by the municipal council of the 
 cor|)oration of the county of York : 
 
 1st. That the Toronto and Mimico Electric Railway and 
 Light Company (Ltd.), be and the same is hereby autiior- 
 ized and empowered to locate and operate their electric 
 railway along the north side of that portion of the Lake 
 Shore road owned by the county, under the conditions of 
 the agreement hereinafter i-eferred to being carried into 
 effect. 
 
 2nd. That upon the tolls on the York roads and the city 
 market fees being abolished, the railway company will 
 maintain the Lake Shore road under the provisions and 
 conditions of the aforesaid agreement, and it" not properly 
 kept in repair the said company shall forfeit any rights 
 they may have acquired to use said load. 
 
 3rd. That the said franchise shall extend over a period of 
 twenty-one years, and at the expiration thereof the rail- 
 way company shall be entitled to a renewal upon such 
 terms and conditions as shall from time to time be mutually 
 agreed upon between the county and the company, or be de- 
 termined upon by arbitration. 
 
 4th. That an agreement be prepared between this county 
 and the company to locate and operate their line of rail- 
 way as set forth in clause No. 1 of this by-law, subject to 
 such conditions, restrictions, and provisions as warden 
 Evans, Messrs. Richardson, Woodcock, Forster, Pugsley, 
 Russell and Huraberstone, may approve of, and that 
 
HTKEET RAILWAYS. 
 
 481 
 
 npon sUi'h approvnl tlie naid ayreenient shall m executed 
 on Itehalf of tliis f*)rp()rati()n. , 
 
 Possotl NovemliLT 22nil, 1S90. 
 
 OKO. EaKIN, J. D. EVANH, 
 
 Clerk. Warden. 
 
 64 V. c. 9U, Sche.l. A. 
 
 anil 
 lior- 
 ctric 
 
 lake 
 
 ,sof 
 
 iiiU) 
 
 city 
 
 will 
 
 and 
 
 serly 
 
 Tiunts 
 
 |oJ of 
 rail- 
 such 
 Lually 
 
 ])e (le- 
 
 3unty 
 vail- 
 lect to 
 larilen 
 Jgsley, 
 that 
 
 SCHEDULE " B." 
 
 (Section 1.) 
 
 « 
 
 By-Law No. 471. 
 
 Granting certain privileges to the Electric Railway and 
 Lighting Company (limited), to operate their road within 
 this municipality. 
 
 Whereas the Toronto and Mimieo Electric Railway and 
 Light Company (limited), have made application to this 
 council for the exclusive privilege of constructing and 
 operating along the Lake Shore road an electric railway 
 and an electric lighting service from the river Humber to 
 to the side road known as Mimico avenue, with privilege 
 to extend their operations as far west as Long Branch park 
 should the company deem it advisable to do so. 
 
 And whereas the council of the municipality have deci- 
 ded to grant such privilege, 
 
 Be it therefr re enacted by the municipal council of the 
 corporation of the township of Etobicoke, and it is hereby 
 enacted by the authority aforesaid : 
 
 . That the said Toronto and Mimico Electric Railway and 
 Light Company (limited), shall have the exclusive privi- 
 lege of constructing and operating along the Lake Shore 
 road an electric railway and an electric lighting system, sub- 
 ject to such agreement as a oommittee of the council consist- 
 ing of Messrs. Evans, Biown and Thomp3on,may approve of 
 and the reeve is hereby authorized to sign such agreement. 
 
 (Sgd.) A. Macpherson, (Sgd.) J. D. Evans. 
 
 Clerk. Reeve. 
 
 54 V. c. 96. Sched. B. 
 
 SCHEDULE "C." 
 (Section 1.) 
 
 This indenture made in duplicate the twenty-third day 
 of December, one thousand eight hundred and ninety. 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 
 ^ 
 
 1.0 
 
 1.1 
 
 ■10 "^^ MM 
 
 u& 1^ 12.2 
 ^ tiS. 12.0 
 
 u 
 
 im 
 
 
 1^5 |U 
 
 ||6 
 
 
 ^ 
 
 6" - 
 
 
 ► 
 
 7] 
 
 
 ^.^* 
 
 ^ 
 
 Photographic 
 
 Sciences 
 Corporation 
 
 23 WiST MAIN STRUT 
 
 WnSTBR.N.Y. 14SS0 
 
 (716)I72-4S03 
 
 
 ■<<* 
 
) 
 
 
4511 STREET KAII.WAT& 
 
 Between tlie corporation of the county of York, of tho 
 first part, and the Toronto and Mimico Electric Railway 
 and Light Company (limited), hereinafter called "the com- 
 pany " of the second part. 
 
 Whereas certain persons were hy letters patent, under 
 the great seal of the Province of Ontario, bearing date 
 the fourteenth day of November, A.D. 1890, incorporated 
 as a body corporate and politic for the purposes therein men- 
 tioned by the name of " The Toronto and Mimico £lectric 
 Railway and Light Company (Irimited)." 
 
 And whereas the said company was in and by said 
 letters patent among other things empowered to con- 
 struct, maintain, complete and operate, and from time to 
 time, remove and change double or single track, iron or 
 wooden railways, with the necessary side tracks and turn- 
 outs for the passage of cars, carriages and other vehicles 
 adapted to the same, upon, along and across such streets 
 and highways, and railway tracks or lines within the 
 municipalities of the townships of York and Etobicoke 
 and the city of Toronto, under and subject to any agi-ee- 
 ment thereafter to be made between the councils of the 
 said municipalities and railway company respectively, and 
 the said company as to the maintenance, construction and 
 repairs of roadway and renewal thereof, and grade and 
 style of rail atid all other matters and things relating to 
 roadway and walks, and under and subject to any* by-laws 
 of the said municipalities respectively or any of them 
 made in pui-sunnce thereof, and to take, transport and 
 carry passengers and freight by the force of power of 
 electricity, and to use and construct and maintain all 
 necessary works, buildings, appliances and conveniences 
 connected therewith. 
 
 And whereas in and by the said Act, full power and 
 authority was given to the company to use and occupy 
 any and such parts of any of the streets or highways 
 aforesaid, as may be required for the purpose of their rail- 
 way track and the laying of the rails and the running of 
 their cars and carriages, provided that the consent of the 
 said municipalities, respectively, shall be first had and 
 obtained, which are by the said Act, respectively, autho- 
 rized to grant permission to the company to construct 
 their railway as aforesaid, v/ithin their respective limits 
 across and along and to use and occupy the said streets 
 and highw^ays or any part of them for that purpose, u|k)u 
 snch conditions and for such period or periods as may be 
 respectively agreed upon between the company and the 
 said municipalities by their councils aforesaid or any of 
 I them. 
 
 And whereas in and by said lettei-s patent, the councils 
 of the said several municipalities, or any of them, and the 
 said company arc respectively authorized to make nud 
 
 . ' . - ■ r 
 
STREET RAILWAYS. 
 
 €nter into any agreements or covenants relating to the 
 construction of the said rnilwuvH for the paving, macada- 
 mizing, repairing, grading and cleaning of the streets and 
 hic^hways, and the construction, opening up and lepairing 
 of (i rains and sewers, and the laying of g»s and water 
 pipe^ in the snid streets and highways and location of 
 the rallwav, and the particular streets along which the 
 s»tne shall be laid the pattern of the rails, the time and 
 speed of running the cars, the time within which the roads 
 shall be commenced and tlte time of completion and 
 generally for the safet}' and convenience of passengers, 
 the conduct of the agents and servants of the company 
 and the non-obstructing or impeding of (he ordinary 
 traffic. 
 
 And whereas the said company have petitioned the 
 municipal council of the county of York to sanction the 
 construction and operation by the company of an electric 
 riiilway in, along and upon all that portion of the Lake 
 Shore road, one of the York roads which is owned by the 
 said county and which is hereinafter detined, and have 
 asked that certain other privileges and immunities should 
 be granted to the company, their successors or assigns ; 
 and the company have proposed to construct and operate 
 such electric railway upon the said road ancl are desirous 
 of obtaining the necessary permission. 
 
 And whereas the parties hereto of the first (lart, being 
 the corporation of the county of York, are willing to grant 
 such permission upon the terms and conditions herein- 
 after set forth, and to enter into an agreement with the 
 said company such as hereinafter contained. 
 
 Now this indenture witnesseth, that the said parties of 
 the first part and the company have covenanted and 
 agreed, and by these presents do covenant and agree each 
 with the other of them as follows : — 
 
 1. That the company, their successors and assigns, be 
 permitted without let or hindrance from the said parties 
 of the first part, their successors or assigns, to construct, 
 maintain, complete and operate, and from time to time, 
 remove and repair an iron or steel railway track or tram- 
 way, to be a single track only, with the necessary culverts, 
 switches and tiu'nouts, such switches and turnouts not to 
 exceed three in number, besides one at each end, nor one 
 hundred feet each in length clear of curves for the passage 
 of cars, carriages and other vehicles adapted to the 
 same, in, upon and along that portion of the Lake Shore 
 road lying between the western limit of Roncesvalles 
 avenue, produced southerly on Queen street, in the city of 
 Toronto, and the western limit of the county's road, now 
 known as the Lake Shore road, together with a switch 
 or turnout for the purpose of leading to or from their said 
 railway or tramway to the power house of the said com- 
 
 MS 
 
41* 
 
 STREET RAILWAYS. 
 
 ■/ 
 
 pany, situated on the north ..sde of the road and switches 
 or turnouts leading from their said railway or tramway to 
 streets leading on the north to and from the said Lake 
 Shore road aforesaid. 
 
 Such railway being of approved construction and worked 
 under such regulations as may he necessary for the pro- 
 tection of the inhabitants and the general public, and 
 being subject always to the provision of this agreement, 
 and in all cases where switches and turnouts are con- 
 structed, the said company, their successors or assigns, shnll 
 extend the road, metal or plank, on the macadamized or 
 planked portion of the road, to a distance of at least six- 
 teen feet beyond the rail nearest the ordinarily travelled 
 road, the full length of such siding. 
 
 2. All works necessary for constructing and layin<^ 
 down the railway or tramway shall be made in a sub- 
 stantial manner according to the then best modern 
 practice under the supervision of the county engineer 
 for the time being, and to the si!,tisf action of the corpora- 
 tion of the county of York. 
 
 3. The roadway, track and rails of the said railway or 
 tramway shall be located and constructed on the south 
 side from Roncesvalles avenue as far west as the Grand 
 Trunk Railway crossing, and after crossing the said rail- 
 way track, then on the north side only of said street to 
 the end thereof, as shewn by the plans attached hereto 
 marked " A." All the space between the rails, and at 
 least one foot six inches from the outside of and up to and 
 joining the rail next adjoining the macadam, gravel or 
 roadway, and all those portions of the opposite rail where 
 directed by the county engineer or the parties of the first 
 part, shall be paved or macadamized and kept constantly 
 in good order and re|mir, and shall be maintained flush 
 with i-aiiS of the said railway or tramway, by the said 
 parties of the second part, their successors or assigns, who 
 shall also be bound to construct and keep in good 
 repair crossings, of a character approved by the parties of 
 the first part, -rtithin the limits aforesaid at the intersec- 
 tion of every such railway or tramway, track and cross 
 street or highway now opened or that may hereafter be 
 opened, and wherever, bridges, culverts or waterways are 
 found necessary for drainage or other purposes in the opin- 
 ion of the county engineer or the parties of the first part, 
 and those culverts or waterways already constructed shall 
 be extended as directed. The river Uumber shall be crossed 
 by an independent bridge built by the company on tlie 
 north side of the present bridge. 
 
 4. The track and turnouts shall conform to the grades 
 of the said street or such other grades as may be furnished 
 by the county engineer, or the party of the first part, and 
 
BTRnr RAILWAYS. 
 
 455 
 
 shidi not in any way change or alter the same, except with 
 the approval of the aaid engineer or the |>arty of the first 
 part, but in all cases where it is found necessary in de- 
 termining the grades of the said railway or traiuway to 
 lay the same at a different grade from the street or road, 
 then ill such cases when required by the said engineer, 
 the said company, their successors or assigns, shall make 
 up or depress the giade of the said street to conform 
 with the grad^ of the railway or tramway and re-metal 
 the same. The top of the rails shall be laid Hush with 
 the street, and shall be always kept flush with the street 
 and the gauge of the said railway or tramways, shall be 
 uniform with the street tramways of the 'city of Toronto, 
 or the standard electric railway gauge in the discretion of 
 the company. There shall also be fender planks the 
 thickness of the depth of the rail, and twelve inches wide, 
 spiked closj to both rails both on the inside and outside 
 of S/iid rails the full length of the road, omitting only such 
 portions as may be permitted by the said engineer or the 
 |>artieA of the first part, the same to facilitate the crossing 
 of said rails by vehicles. 
 
 5. The location of the line of railway in the said street 
 or highw^ay shall not be made until the plans thereof shew- 
 ing the position of the rails and other works on said 
 street shi^U have been submitted to and approved of by 
 the warden, county commissioners and engineer. 
 
 6. It is also agreed between the parties hereto that the 
 said company, their successors or assigns, shall extend the 
 Lake Shore road to its full width on that portion between 
 the Grand Trunk Railroad ci-ossing and the road known 
 as the Indian road, also the westerly 800 feet acro3S lot 
 37 as shewn by plans filed in the Crown lands depart- 
 ment establishing the width of said road, such extension 
 to be commenced and carried to completion with the 
 utmost dispatch when directed by the party of the first 
 part. The parties of the first part will assist the railway 
 or tramway company at the expeivse of the parties of the 
 second part to have the fence of the Grand Trunk Railway 
 where it infringes upon the original Lake Shore road, 
 removed and placed in proper location. 
 
 7. That the parties of the fii-st part, or their assigns, 
 shall have the right to take up any part of the streets or 
 highways traversed by the rails either for the purpose of 
 altering the grade thereof, constructing and repairing 
 of sewers or drains or culverts or side-crossings, or for 
 laying down or repairing gas or water pipes, and for all 
 other purposes within the province and privileges of a 
 municipal corporation, without the company, their suc- 
 cessors or assigns, being entitled to any compensation for 
 damages or otherwise occasioned to the working of the 
 railway or tramway or works ctmnecteJ therewith, and in 
 
456 
 
 STREI£T KAILWATS. 
 
 I 
 
 prosecuting such works, should any change be made in the 
 grade of the Lake Shore road by orders of the engineer 
 or the parties of the first part, or their assigns, the snid 
 company, their successors or assigns shall without delay 
 make its road or track conform with such changed grade 
 of road so made. 
 
 8. The rails and cars to be used by the said company, 
 their successors or assigns shall be of the latest approved 
 pattern, the same to be approved by the parties of the 
 first part. All persons using the road shall be at liberty 
 to travel upon the portion of the said railway [qu highway] 
 occupied by the ^id railway or tramway, and in the same 
 manner ns upon other portions of the highway, and vehicles 
 of every description are to be allowed upon such portion of 
 the said highway, and the wheels thereof upon said rails 
 without charge by the said company, their successors or 
 assigns, it being provided, however, that the cars of the 
 said company their successors or assigns shall have the 
 first right of way over the said railway or trnmway, and 
 all vehicles or persons travelling on that portion of the 
 said highway occupied by fhe said railway or tramway 
 shall turn out upon meeting or being overtaken by any 
 car of the said company, their successors or assigns, po as 
 to give them full right of waj'. 
 
 9. The railway or tramway shaP not be opened to the 
 public nor put in operation until the sanction of the war- 
 den, and commissioners of county property has been pre- 
 viously obtained by enacting a special resolution to that 
 effect, and such sanction may be granted upon a certificate 
 from the county engineer, declaring the said railway or 
 tramway to be in good condition and constructed conform- 
 ably with the conditions prescribed by this agreement '.n 
 that behalf. 
 
 10. The company, their successors or assigns, shall run 
 at least two cars each way, morning and evening, on a 
 regular time table, at such hours as will best meet the 
 wants of the residents and the general public 
 
 11. In case the electric motor or cars used by the com- 
 pany, their successors or assigns, in operating the said road, 
 whilst passing along the railway or tramway shall cause 
 alarm to any Lorses travelling or being upon said roadway 
 with vehicles or otherwise, the motoi-s or cars of the com- 
 pany shall, if necessary, be stopped to enable the horses so 
 alarmed to pass, and the servants of the said company 
 shall assist the person or persons riding, driving, or in 
 charge of the horse or horses that may be alarmed as 
 aforesaid, so as to prevent accident or injury to the person 
 or persons, horse or horses, vehicles or other property of 
 persons travelling, using or upon said roadway. So far as 
 safely can be done without causing alarm or injury to 
 
8TREBT RAILWAYS. 
 
 horses or vehicles upon said roadway, the speed of the cars 
 may be increased, not, however, to exceed at any time 
 twelve miles per hour. 
 
 12. The conductors shall announce to the passengers the 
 names of the stations, streets, highways and public squares 
 ns the cars reach them. 
 
 13. When the accumulation of ice or snow is, in the opin- 
 ion of the county engineer or the parties of the fii-s*^ part, 
 sufficient to impede the running of the cars, the company 
 shall, on receiving notice from him, remove the same, and 
 no snow or ice shall be placed upon any portion of the 
 highway without first having olttained the permission of 
 the said engineer. 
 
 And when the snow is removed from the track the com- 
 pany shall slant down the snow on the roadway, so as to 
 be convenient for the travelling public, to the satisfaction 
 of the said engineer. • 
 
 14. No higher fare than five cents shall be charged for 
 the conveyance of each passenger the full distance one way 
 on the line in the limits described herein. 
 
 13. The company, their successors or assigns, shall be 
 liable for all damages occasioned by reason of the existence 
 of the rails of the company upon the said highway, and 
 the said company, their successors or assigns, shall hold 
 the said parties of the first part, and their assigns, in all 
 respects harmless in respect thereof, and upon demand 
 shall forthwith paj' to the said parties of the first part, or 
 their assigns, all sums ])ayable by or recovered against the 
 said parties of the first part, or their assigns, in respect of 
 any such claims, together with all costs of or incidental 
 to such claims incurred by the parties of the first part, or 
 their assigns, and such claims and costs shall be a first lien 
 on the property of the company, their successors or 
 assigns. 
 
 16. Should the company, their successors or assigns, 
 neglect to keep their track, or road, or crossings, or bal- 
 lastings in good condition according to the teruis of this 
 agreerijent, or to have the necessary repairs according to 
 this agr3ement made thereon, the said parties of the first 
 part may give notice requiring such repairs to be forth- 
 with made ; ani it is agreed between the parties hereto, 
 that a certilicate of the engineer, for the time being of the 
 parties of the first part, as to the necessity of such repairs, 
 in order to keep the said track, or roadway, or crossing in 
 good condition, shall be binding and conclusive upon said 
 couipany, their successors or assigns, and if after such 
 notification given requiring such repairs to be made, the 
 .said company, their successors or assigns, do not within one 
 week begin and carry to completion with all reasonable 
 diligence, and complete within fifteen days from receipt 
 58 
 
 467 
 
439 STREET BAILWAT8. 
 
 of finch notice or Huch further time as the w.id engineei 
 may allow, this ngroement shall be null and void and the 
 said parties of the first part shall be at liberty to remove 
 the rails of the said company, their successors or assigns, 
 and to place the said highway in proper state of repair at 
 the expense of the said company, their successors or assigns; 
 the said company, for themselves, their successors or assigns, 
 hereby agreeing to pay for .such work on demand. 
 
 17. The privilege and franchise granted by this ngree- 
 ment shall extend over a period of tweiity-one years froT. 
 the date hereof, and the snid company, their successors or 
 assigns, and its cars, carriages, and other vehicle:), and 
 horses and other motive power, shall, whether running the 
 full distance or any shorter distance named in the fir t 
 
 ♦ enacting section herein, or whether passing through a toll- 
 
 gate or not, pay the fees, tolls or licenses upon the said 
 street and highway above mentioned, the same as may be 
 determined by thj by-laws of the said county, passed from 
 time to time, to ■, jgulate tolls on the York roads. 
 
 18. Upon the expiration of the privilege and franchise 
 granted Tby this agreement the company, their successors 
 or assigns, .shall be entitled to a renewal of the san\e. and 
 upon the expiration of such renewal term to further 
 renewals thereof upon such terms and .subject to such con- 
 ditions, covenants, provisoes and stipulations as may be 
 
 ^: agreed upon between the county or their successors on the 
 
 one part, and the company, their successors or assigns, on 
 the other part, and in case the said parties are unable to 
 • agree, then upon such terms, conditions, covenants, provi- 
 
 soes and stipulations as may from time to time on each 
 such renewal be determined upon by arbitration, to be 
 appointed under the provisions o^ The Municipal Act, 
 provided however, that [at] the expiration of the existing 
 privileges and franchise granted herein, the parties of the 
 first part may, upon giving notice in writing of their inten- 
 tion to the company, their successors or assigns, twelve 
 months prior to the expiration of the said existing privi- 
 lege and franchise, assume the ownership of the railway.s 
 and tramways of the company, its successors or as.sign.s, 
 and all real and personal property in connection with the 
 working thereof, on payment of the value of the same, to 
 be determined by arbitration. - '^. 
 
 19. That until such time as the said parties of the first 
 i part discontinue the collection of tolls on the Lake Shore 
 
 road above referred to, the said company, their .successoi.s 
 or a6.signs, and its cars, carriages and other vehicles shall, 
 whether running the full distance or any distance shorter 
 .< than that named in the first enacting section herein, or 
 •whether passing through a toll-gate or not, pay the fees, 
 tolls or license upon the said street and highway above 
 mentioned, the same as may be determined by the by- 
 
STRISeT RAILWAYS. 
 
 439 
 
 laws of the said partieH of the fi!*st part, pnssed from citne 
 to time, to regulate tolls on the York road^. 
 
 20. As soon as the said parties of the first part shall 
 disvontinue the collection of tull^ upon the Lake Shore 
 road, the, said company, their successors or assigns, shull, 
 if requested by the parties of the first part, take over and 
 maintain the whole or any part of the said Lake Shore 
 road hereinbefore described, and shall keep it in such 
 good and proper state of repair as shall meet with the ap- 
 proval of the engineer of the said parties of the first part, 
 provided however, that if, after due notice having been 
 given to the company, their successors or assigns, the road 
 be hot properly kept in repair to the satisfaction of the 
 said engineer, he shall be entitled to enter and have the 
 same repaired at the expense of the com[)any, their suc- 
 ceasors or assigns. , , ,. - 
 
 t ' ■ . 
 
 21. The company, their successors or assigns, shall con- 
 struct and have open for travel their prov>osed line of 
 railway or tramway, within two years from the first day 
 of January, one thousand eight hundred and ninety-one, 
 and in default thereof, the company, their successors or 
 assigns, shall forfeit all the rights, privileges, and ad- 
 vantages granted by this agreement or acquired there- 
 under, and all such rights, privileges and advantages shall 
 ceaso and determine as if this agreement had not been 
 gi-anted, and the con.sent of the parties of the first part had 
 not been had or obtained by the company, as provided for 
 in the said hereinbefore in part recited letters patent. 
 
 22. The company, their successors or assigns, shall have 
 the exclusive right and privilege to construct a railway or 
 tramway, in, along, and upon the said portion of the Lake 
 Shore road, subject to the observance of the conditions 
 and agreements herein contained. 
 
 23. The council of the county of York, fo?" the time 
 being, shall be entliled to be represented by a director on 
 the board of the isaid company, appointed annually by the 
 county council, and to vote upon all matters and questions 
 relating to the construction, location, maintenance, and 
 repairs of the railway. 
 
 24. No motive power ether than electricity or horse 
 power shall be used on the said road in any way, at any 
 time. 
 
 2.5. The services of the said county engineer in all cases 
 to be paid by the company. 
 
 26. That the company, their successors or assigns, shall 
 be subject to all by-laws and parts of by-laws of the said 
 county of York, now in force, or that may be hereafter 
 passed in respect to highways, as far as practicable. 
 
'460 STREKT RAILWAYS, 
 
 27. Provided always, and it \h hei'eby agreed, by and 
 bctiveen the parties of the first part and the said com- 
 pany, their successors and assigns, that the said company, 
 their successors and assigns, shall commence the building 
 of such road not later than the firitt day of August next 
 ensuing hereof, and shall complete the same not later than 
 the time hereinbefore mentioned. 
 
 In witness whereof, the said corporation of the county 
 of York, have caused their corporate seal to be hereunto 
 affixed, and the warden and clerk thereof, have set their 
 respective hands, and tihe said company have caused their 
 corporate seal to be hereunto affixed, and the president 
 thereof has set his hand, the day and year first above 
 written. 
 
 Signed, sealed and delivered 
 in the presence of, 
 
 [Sgd.] Geo. W. McFarlen, ^ 
 
 Assistant Engineer. - 
 
 [Sgd.] J. D. Evans. ^ ' 
 
 . . Warden. [Seal.J 
 
 [Sgd.j Geo. Eakin, \ 
 
 Clerk. [Seal] 
 
 [Sgd.] F. Barlow Cumberland, 
 
 President [Seal] 
 [Sgd.] J. Dawson, 
 
 Secretary. 
 
 SCHEDULE "D." 
 
 . (Section 1.) 
 
 This indenture made in duplicate the twenty-fourth day 
 of January, one thousand eight hundred and ninety-one, 
 between the corporation of the township of Etobicoke, one 
 of the municipalities in the county of York, of the first 
 part ; and the Toronto and Mimico Electric Railway and 
 Light Company (Limited), hereinafter called the company, 
 of the second part. 
 
 Whereas certain persons were by letters patent, under 
 the great seal of the Province of Ontario, bearing date the 
 fourteenth day of November, A.D. 1890, incorporated as a 
 body corporate and politic, for the purposes therein men- 
 tioned, by the name of "The Toi-onto and Mimico Electric 
 Railway and Light Company (Limited)." 
 
 And whereas the said company was, in and by said let- 
 ters patent among other things empowered to construct, 
 
STRKET Railways. 
 
 461 
 
 mniniaiii, complete and operate, nnd from time to time 
 remove and change double or single track, iron or wooilen 
 railwayH, with the ncce.sMary side iracks and turnouts for 
 the passage of cars, carriaixes and other vehicles adapted to 
 the same, upon, nnd along and across such streets and high- 
 ways, and railway ti-acks or lines within the utunicipalities 
 of the townships of York and Etobicoke, and the city of 
 Toronto, under and subject to any agreement thereafter to 
 be made between the councils of the said municipalities, and 
 the said company as to the maintenance, construction and 
 repairs of roadway and renewal thereof, and grade and 
 style of rail, and all other matters and things relating to 
 roatlway and walks ; and under and subject to any 
 by-laws of the said municipalities, respectively, or any 
 of them made in pursuance thereof, and to take, transport, 
 and carry passengers and freight by the force or power of 
 electricity, and to use, and construct, and maintain all 
 necessary works, buildings, appliances and oonveniences 
 connected therewith. 
 
 And whereas full power and authority was given to the 
 company to use and occupy any and such parts of any 
 of the streets or highways aforesaid as may be required 
 for the purpose of their railway track, and the laying 
 of the rails, and the running of their cars and carriages, 
 provided that the consent of the said munieipaKties 
 respectively shall be first had and obtain<>d, which are by 
 the said Act respectively authorized to grant permission 
 to the company to construct their railway as aforesaid, 
 within their respective limits across and along ; and to 
 use and occupy tne said streets and highways or any part 
 of them, for that purpose, upon such conditions, and for 
 such period or periods as may be respectively agreed upon 
 between the company and the said municipalities by their 
 councils aforesaid or any of them. 
 
 And whereas in and by said letters patetit the- councils 
 of the said several municipalities or any of them, and the 
 said company are respectively authorized to make and 
 enter into any agreements or covenants relating to the con- 
 struction of the said railways, for the paving, macadam- 
 izing, repairing, grading and cleat, ing of the streets and 
 highways, and the construction, opening up, and repairing 
 of drains and sewers, and the laying of gas and water 
 pipes in said streets and highways and location of the 
 railway, and th€« particular streets along which the same 
 shall be laid, the pattern of rails, the time and speed of 
 running the cars, the time within which the road shall be 
 commenced and the time of completion, and generally for 
 the safety and convenience of passengers, the conduct of 
 the agents and servants of the company, and the non- 
 obstructing or impeding of the ordinary traffic. 
 
 And wherea3 the said company have petitioned the 
 municipal council of the township of Etobicoke to .sanction 
 
46t 
 
 STREET RAILWAYS. 
 
 / 
 
 the coriKtruction and operation by the company of an 
 electric railway in, alon^ iind upon all that portion of the 
 Lake Shore road which \h owned by the Hiiid townhhip 
 and which in hereinafter deKned, and have anked that cer- 
 tain other privilcgeH aixl InitnunitieH should be p^ranted to 
 the company, their succu.<>HorM or asxignH ; and the com- 
 pany have proposed to construct and operate .such electric 
 railway upon the naid rond and are deairouH of obtaining 
 the necesHiiry permission. 
 
 And wherens the parties hereto of the first part, being 
 the corporation of the township of Etobicoke, are willing 
 to grant such permission upon the terms and conditions 
 hereinafter set forth, and to enter into an agreement with 
 the said company such as is hereinafter contained. 
 
 Now this indenture witne .seth that the said parties of 
 the first part and the coi.ipany have covenanted and 
 agreed and by these presents dc covenant and agree each 
 with the other of them as follows : 
 
 (1) That the company, their successors and assigns be 
 permitted without let or hindrance from the said parties 
 of the first part, their successors or assigns, to construct, 
 maintain, complete and operate, and from time to time re- 
 move and repair an iron or steel railway track or tram- 
 way to be a single track only with the necessary culverts 
 switches and turnouts, such switches and turnouts not to 
 exceed two in number in each mile besides one at each 
 end, nor one hundred feet each in length, clear of curves, 
 for the passage of cars, carriages and other vehicles 
 adapted to the same, in, upon and along that portion of 
 the Lake Shore road lying between the western limit of 
 that portion of the Lake Shore road at present owned by 
 the county of York and the present westerly limit of the 
 property known as Long Branch Park, together with a 
 switch or turnout for the purpose of leading to or from 
 their said railway or tramway to a power house of the said 
 company situated on the north side of the road, and switches 
 or turnouts leading from their said railway or tramway to 
 streets leading to and from the said Lake Shore road afore- 
 said. Such railway being of approved construction and 
 worked under such regulations as may be necessary for 
 the protection of the inhabitants and the general public, 
 and being subject always to the provisions of this agree- 
 ment ; and in all cases where switches and turnouts are 
 constructed, the said company, their successors or assigns 
 shall extend the road metal of the same character as that 
 used on that portion of the road, so that it shall extend 
 to a distance of at least sixteen feet beyond the rail near- 
 est the ordinarily travelled road the full length of such 
 siding. 
 
 (2) All works necessary for constructing and laying 
 down the railway or tramway shall be made in a substan- 
 
KTREKT RAILWAYS. 
 
 468 
 
 iial manner according to the then U'.nt nuMlorn practice 
 umler the »u|M!rviHion of the tuwnHhip engineer for the 
 time being an<l to the witisfactiuii uf the corpuratiun uf the 
 townHhip of Etohicoke. 
 
 (3) The roadway, track and rails of tlio said railway or 
 tramway shall bo located and constructed on the north sida 
 only of said street, so that the centre of the railway 
 track shall be at a uniform distance of ten feet from the 
 northerly boundary of said street, excepting where it may 
 be mutually agreed upon that it shall be placed at a ditt'er- 
 ent distance from the said boundary so as to leave the 
 roadway clear for the travelling public. All the s[)ace 
 )>etween the rails and at least one foot six inches from the 
 outside of and up to and adjoining the rail next adjoining 
 the mncadam, gravel, or roadway whore directed by tho 
 township e..gineer or the parties of tho first part, shall l»e 
 macadamized and kept constantly in good order and repair, 
 ami shall be maintained flush with the rails of the said 
 railway or tramway by tho said parties of the second part, 
 their successors or assigns, wIk shall also be bound to con- 
 struct and keep in good repair crossings of a character 
 approved by the parties of the first part within tho limits 
 aforesaid at the intersection of every such railway or 
 tramway track and cross street or highway now opened 
 or that may hereafter be opened, and whenever bridges, 
 culverts or waterways are found nf cessary for drainage or 
 other purposes in the opinion of the t()wnship engineer or 
 the parties of the first part, they shall be constructed 
 under their own track by the company, and those culverts, 
 waterways or ditches already constructed shall be ex- 
 tended or altered as directed. The Mimico river shall be 
 crossed by an independent bridge built by the company 
 on the north side of the present bridge. 
 
 (4) The track and turnouts shall conform to the grades 
 of the said street or such other grades as may be furnished 
 by the township engineer or the parties of the first part, 
 and shall not in any way change or alter the same, exccpL 
 with the approval of the said engineer or the parties of 
 the first part, but in all cases where it is found necessary 
 in determining the grades of the said railway or tramway 
 to lay the same at a different grade from the street or 
 road, then in such cases, when required by the said engi- 
 neer, the said company, their successors or assigns, shall 
 make \ip or depress the grade of tlie said street to conform 
 with the grade of the railway or tramway and re-metal 
 the same. The top of the rails shall be laid flush with 
 the street and shall be always kept flush with the sti'eet, 
 and the gauge of the said railway or tramway shall be 
 uniform with the street tramways of the city of Toronto 
 or the standard electric railway gauge in the discretion (»f 
 the company. There shall also be fender planks the thick- 
 
 Etn 
 
 11] 
 
 r 
 
 ■li'i 
 
 li 
 
464 
 
 STREET RAILWAYS. 
 
 ness of the depth of the rail and twelve inches wide, spiked 
 dose to both rails both on the inside and outside of said 
 rails upon such portions as may be required 'oy the said 
 engineer or the parties of the first part, the same to faeili- 
 tate the crossing of said rails by vehicles. 
 
 (5) The location of the line ot railway in the said 
 street or highway shall not be made until the plans there- 
 of, ishewing the position of the rails and<other works on 
 the said street, shall have been submitted to and approved 
 of by the township engineer and the reeve of the said 
 township, 
 
 (6) That the parties of the first part shall have the 
 right to take up any part of the streets or highways 
 traversed by the rails, either for the purpose of alterini; 
 the grade thereof, constructing and repairing of sewei-s or 
 drains, or culverts, or side crossings, or for laying down or 
 repairing gas or water pipes, and for all other purposes 
 within the province and privileges of a municipal corpora- 
 tion without the company, their successors or assigns, 
 being entitled to any compensation for damages or other- 
 wise occasioned to the working of the railway or tram- 
 way, or works connected therewith, and such alterations 
 or repairs shall lie made in such way as shall interfere ms 
 little as practicable with the convenient work of the rail- 
 way, and in prosecuting such works, should any change 
 be made in the grade of the Lake Shore road by orders of 
 the engineer or the parties of the first part, the said com- 
 pany shall without delay make the road or track conform 
 with such changed grade of road so made. 
 
 (7) The rails and cars to be used by the said company, 
 their successors or assigns, shall be of the latest approved 
 pattern, the same to be approved by the parties of the first 
 part. All persons using the road shall be at liberty to 
 travel upon any portion of the said travelled roadway 
 occupied by the said railway or tramway and in the same 
 manner as upon other portions of the highway, and vehicles 
 of every description are to be allowed upon such portion 
 of the said highway, it being provided, however, that the 
 cars of the said company, their successors or assigns, have 
 the first right of way over the said railway or tramway, 
 and all vehicles or persons travelling on that portion of tlie 
 said highway occupied by the said railway or tramway 
 shall turn out upon meeting or being overtaken by any car 
 of the said company, their successors or assigns, so as to 
 give them full right of way. 
 
 (8) The railway or tramway shall not be opened to the 
 public nor put in operation until the sanction of the town- 
 ship council has been previously obtained by enacting a 
 special resolution to that eftect and such sanction may Ite 
 granted upon a certificate from the township engineer do- 
 
STREET RAILWAYS. 
 
 46S 
 
 )any, 
 roved 
 first 
 |ty to 
 jdway 
 same 
 licles 
 )rtion 
 it tlie 
 have 
 
 to tlie 
 town- 
 ling a 
 lay ''^' 
 er tle- 
 
 cliiring the said railway or tramway to be in good condi- 
 tion and constructed conformably with the conditions pi'e- 
 scribcd by this agreement in that behalf. 
 
 (9) The company, their successors or assigns, shall run 
 at least two cars each way morning and evening on a reg- 
 ular time-table, at such hours as will best meet the wants 
 of the residents and the general public. 
 
 (10) In case the electric motor or cars, used by the com- 
 pany, their successors or assigns, in operating the sai«l i-ond, 
 whiUt passing along the railway or tramway shall cause 
 alarm to any horse travelling or being upon said roadway 
 with vehicles or otherwise, the motors or cars of the com- 
 pany shall, if necessary, be stopped to enable the horsey so 
 alarmed to pass the said motor and the servants of the said 
 company shall assist the person or persons riding, driving, 
 or in charge of the horse or horses that may be alarmed as 
 aforesaid, so as to prevent accident or injury to the person 
 or persons, horse or horses, vehicles or other property of 
 peii^ons travelling, using oi^ upon said roadway. So far as 
 safely can be done without causing alarm or injury to 
 hoi-ses or vehicles upon said roadway, the speed of the cars 
 may be increased, not, however, to exceed, when on the 
 public highway, at any time, to twelve miles per hour. 
 
 (11) The conductors shall announce to the passengers 
 the names of the stations, streets, highways and public 
 squares ns the cars reach them. 
 
 (12) When the accumulation of ice or snow is, in the 
 opinion of the township engineer oi the parties of the first 
 part, suflScient to impede the running of the cars, the com- 
 |>any shall, on receiving notice from him, I'emove the same, 
 and no snow or ice shall be placed upon any portion of the 
 highway without rii*st having obtained the permission of 
 the said engineer ; and when the snow is removed from the 
 track, the company shall slant down the snow on the road- 
 way so ns to l^e convenient to the travelling public to the 
 satisfaction of the said engineer. 
 
 (13) No higher fare than fifteen cents shall be charged 
 for the conveyance of each passenger the full distance one 
 way on the line in the limits described herein. 
 
 (14) The company, their successors or assigns, shall be 
 liable for all damages occasioned by reason of the existence 
 of the rails or cars of the company upon the said highway, 
 and the said company, their successors or assigns, shall hold 
 the said parties of the first part in all respects harmless in 
 respect thereof, and upon demand shall forthwith pay to 
 the sjs'sd parties of the first part all sums payable by or 
 recovered against the said parties of the first part in re- 
 spect of any such claim, together with all costs of or inci- 
 dental to such claims incurred by the j»arties of the first 
 (tart, and such claims and costs shall be a first lien on the 
 
 r. 'a 
 
■^^i 
 
 I; 
 
 46S STRKET KAILWAfS. 
 
 property of the company^ their successorH o^ assigns ; pro- 
 vided, however, that tlie company, their successors or assigns, 
 shall have been notified by the parties of the first pait 
 upon any such claim having been made. 
 
 (15) P' ^dld the company, their successors or assigns, 
 neglect cu keep their track or road or crossings or ballast- 
 ings in good condition according to the terms of this agree- 
 ment or to have the necessary repairs, according to this 
 agreement made thereon, the said parties of the ''"•■st part 
 may give notice requiring such repairs to be forthwith 
 made ; and it is agreed between the parties hereto that a 
 certificate of the engineer for the time being of the parties 
 of the first part as to the necessity of such repairs in oi'der 
 to keep the said track or roadway or crossing in good con- 
 dition, shall be binding and conclusive upon said company, 
 their successors or assigns, and if, after such notification 
 given requiring such repairs to be made, the said company, 
 their successors or assigns, do not within one week begin 
 and carry to completion with all reasonable diligence, and 
 complete within fifteen days from the receipt of such notice 
 or such further time as the said engineer may allow, this 
 
 ' 1 agreement maj' by resolution of the parties of the first 
 
 part be declared null and void, and the said parties of the 
 first part shall be at liberty to remove the rails of theJ .said 
 company, their successors or assigns, and to place the said 
 highway in a proper state of repair at the expense of tliu 
 said company, their successors or assigns. The said coin- 
 p..ny, for themselves, their successors or assigns, hereby 
 agreeing to pay for such work on demand. 
 
 (16) The piivilege and franchise granted by this agree- 
 ment shall extend over a period of twenty-one years from 
 the date hereof. 
 
 (17) Upon the expiration of the privilege and franchise 
 granted by this agreement, the company their successors 
 or assigns, shall be entitled to a renewal of the same, and 
 upon the expiration of such renewal term to furthoi- 
 renewals thereof upon such terms and subject to such con 
 ditions, covenants, provisos and stipulations as may lie 
 agi-eed upon between the parties of the first part on the 
 one part and the companj', their successors or assigns, on 
 the other part, and in case the said parlies are unable to 
 agree then upon such terms, conditions, covenants, provi- 
 -sos and stipulations as may from time to time on each 
 such renewal be determined upon by arbitrators to be 
 ■appointed under the provisions of The MuniciT^al Act ; 
 provided, however, that at the expiration of the existing; 
 privilege and franchise granted herein, the parties of the 
 first part may upon giving notice in writing of their inten- 
 tion to the company, their successors or assigns, twelve 
 months prior to the expiration of said existing privilege 
 
 •and franchise assume the ownership of the railways aul 
 
STRICET RAILWAYS. 
 
 487 
 
 tr.'.mways of the company, its successors or assigns, and all 
 real and personal property in connection with the working 
 thereof on payment of the value of the same to be deter- 
 mined by arbitration. 
 
 (IS) The coni|»any, their successors or assigns, shall con- 
 struct and have open for tnivel their proposed line of rail- 
 way or tramway as far as block K west of Seventh street, 
 shewn on plan No. 104<3 registered by the Mimico Real 
 Estate Security Company, within two year?, and as far as 
 Mimico avenue within three years from the first day of 
 Januaiy, one thousand eight hundred and ninety-one, and 
 in default thereof the company, their successor:* or atssigns, 
 shall forfeit all the rights, privileges and advantages granted 
 by this agreement or acquired thereunder; . nd all such 
 rights, privileges and advantages shall cease and determine 
 as if this agreement had not been granted and the consent 
 of the parties of the tirst part had not been had or obtained 
 by the company as provided for in the said hereinbefore 
 in part recited letters patent. 
 
 (IJ); The company, their successors or assigns, shall have 
 the exclusive right and privilege to construct a railway or 
 tramway in, along and upon the said portion of the Ldike 
 Shore road, subject to the observance of the conditions 
 Hiid agreements herein cont-ained. 
 
 (20) The parties of the fii-st part for the time being shall 
 be entitled to be represented by a director on the board of 
 the said company, appointed annually by the township 
 council and to vote upon all matters and questions relating 
 to the construction, location, maintenance and repair of the 
 roadway. 
 
 (21) No motive power other than electricity and horse- 
 power shall be used on the said road in any way at any 
 time. 
 
 (22) The services of the said township engint^r in all 
 cases to be paid by the company. 
 
 (28) That the company, their successors or assigns, shall 
 be subject to all by-la wr and parts of by-laws of the said 
 township of Etobicoke now in force or that may hereafter 
 be pa.ssed in respect to highways as far as practicable. 
 
 (24) Provided always, and it is hereby agreed by and 
 between the parties of the first part and the said com- 
 pany, their successors or assigns, that the said couipany 
 ^hall commence the building of such road not later than 
 the first day of M trch, 1892, and shall complete the same 
 nut later than the time hei'einbefore mentioned. 
 
 (2oj Provided also in the event of any other company 
 proposing to construct railways on any of the streets in 
 titat section of the said township lying south of the 
 ji'esent Grand Trunk Railway track, which are not occu- 
 
 
 
468 STREEl' RAILWAYS. 
 
 pied b}' the said company to whom the privileges are here- 
 by granted, the nature of the proposal thus made shall be 
 communicated to the said parties o* the second part, and 
 the option of constructing -such pro|)osed railway' shall be 
 offered to them, but if such preff rence ^ not accepted 
 within six months, then the said 'parties of the first part 
 may grant the privilege to any such company. 
 
 (26) And provided also, that in case the said parties of 
 the first part at the time of any renewal of the franchise 
 hereby granted shall be of opinion that the operation of 
 the said railway might interfere less with the travelling 
 public and with the carrying on of business on the Lake 
 Shore road by having the snme removed from the loca- 
 tion in which it is fii-st placed to the centre or travelled 
 part of the Lake Shore road, the said parties of the first 
 part maj', having given two years' previous notice in 
 writing, order the said company to remove their said 
 track as aforesaid, the said company hereby agreeing to 
 '- carry on and have completed the work of such removal 
 
 within three years from the receipt of such notice. 
 
 In witness whereof, the said corporation of the town- 
 ship of Etobicoke have set their coi-poiate seal to be here- 
 unto affixed, and the reeve and clerk thereof have set 
 their i-espective hands and the said company have caused 
 their corporate seal to be hereunto afBxed and the 
 . . ])resident thereof has set his hand the day and year first 
 
 above written. 
 
 Signed, sealed and delivered in the presence of, 
 
 (Sgd.) .7. D. Evans, [Skal] 
 
 Reeve. 
 
 (Sgd.) Alex. Macpherson, 
 
 Clerk 
 
 (Sgd.) F. Barlow Cumberland, [Skai.] 
 
 President. 
 
 (Sgd.) J. Dawson, 
 
 Secretwy. 
 
 54 V. c. 96 Sched. D. 
 
 V- 
 
 Preamble. 
 
 55 Vict. o. 08 (Ont.) 
 
 An Act respecting the Toronto and Mimico Electric 
 Railv/ay and Light Company (Limitf ci). 
 
 [Assented to Uth ApHf. 1892.] 
 
 WHEREAS a petition has been presented by the Toronto 
 and Mimico Electric Bailway and Light Company 
 
STRBET RAILWAYS. 
 
 469 
 
 (Limited) pmyiiig that ai^ Act may be passed gmnting 
 p4)wers of expropriation for the purposes of their railway ; 
 and also contirniing the two indentures set forth in sched- 
 ules " A " and " B " to this Act ; an<I whereas it is expedient 
 to grant the pmyer 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 : — 
 
 1. The said company are hereby authorized and empow- Power to 
 ered to make, carry, or place their railway across or upon, ? "Pf^P"*** 
 and to enter upon and take for the purposes of their pro- 
 posed railway, the following lands, that is to say : — Firstly 
 — That parcel of land lying between the north limit of 
 the lake shore belonging to the corporation of the county 
 of York and the south fence of the Gran<l Trunk Railway , 
 Company along the fiont of what was known as lot 37 in 
 the broken front concession of the township of York. 
 Secondly — That parcel of land thirty feet wide bounded 
 on the north by the south fence of the Grand Trunk Rail- 
 way Company, and being the northerly thirty feet of the 
 parcel of land formerly known as the Parkdale water works 
 lot, and extending from a point south of the place where the 
 Lake Shore road aforesaid crosses the Grand Trunk Railway 
 in front of lot 85 in the broken front concession of the town- 
 ship of York, easterly to the line of the southerly limit of 
 Queen street if extended acroas the said Grand Trunk 
 Railway. Thirdly — A parcel of land not to exceed one- 
 half an acre of land lying on the south side of Queen street : ' 
 in the city of Toronto, between the westerly part of King 
 .street and the north fence of the Grand Trunk Railway 
 Companj' ; the said secondly above described parcel of land 
 being necessaiy and to be used only for the construction 
 of an overhead bridge over the Grand Trunk Railway, 
 which with the approaches thereto and the works con- 
 nected therewith shall be made, constructed and maintained, 
 subject to the approval of the engineer of the public 
 works department of the Province of Ontario or of an 
 engineer to be appointed b^ the commissioner of public 
 works for Ontario, and the Siiid thi'ee parcels of land being 
 necessary for the construction, maintenance, accommoda- 
 tion and use of the said street railway, or for other pur- 
 pases of the company subject to the provisions of The nail- Rev. Stat. o. 
 way Act of Ontario as regards the power and authority to ^^^^ 
 take such lands, the mode of taking, the compensation to 
 be paid therefor, and the damages suffered from the exer- 
 cise of such powerr, and w-th all power and authority 
 therein conferred upon railways. 
 
 Provided always that the said company shall make, Proviso, 
 carry and place their railway across and along the 
 secondly above described parcel of land so as to preserve 
 
470 
 
 STREET RAILWAYS. 
 
 Agreements 
 oonfiraied. 
 
 access to the Lake Shore rond in connection >vith and 
 appurtenant to the said Parkdale water works lot, as 
 fully as at present fof horses, carriages and persons. 55 V. 
 c. 98, s. 1. 
 
 2. The indentures made between the corporation of the 
 county of York and the Toronto and Mimico Electric Rail- 
 way and Light Company (Limited), and dated respectivelj' 
 the J6th day of Janury, A.D., 1892, copies of which are set 
 out in the scheduiet. " A " and " B " hereto and the several 
 provisions thereof are hereby declared to be binding on 
 the parties thereto and to give to the company all rights 
 and powers which the county possessed and purported to 
 give. 55 V. 98, s. 2. . .. ; 
 
 V 
 
 • SCHEDULE "A." - i , 
 
 (Sections.) \ 
 
 This indenture, made in duplicate, this sixteenth da}- of 
 January, one thousand eight hundred and ninety-two, 
 between the corporation of the county of York, hereinafter 
 called " the county " of the first part ; and the Toronto and 
 Mimico Electric Railway and Light Company (Limited), 
 hereinafter called " the company," of the second part. 
 
 Whereas the said company was by indenture dated the 
 23rd day of December, one thousand eight hundred aiul 
 ninety, granted by the county permission to construct, main- 
 tain, complete and operate an electric railway or tramway 
 along or upon that portion of the Lake Shore road lying 
 between the western limit of Roncesvalles avenue produced 
 southerly in the city of Toronto and the western limit of the 
 county's road now known as the Lake Shore road, subject to 
 such conditions, restrictions and regulations as are more 
 particularly set forth in the said indenture. And whereas 
 on or about the 12th day of July, 1884, the county leased to 
 the corporation of the village of Parkdale that portion of 
 the Lake Shore road lying between Dufferin street and 
 Roncesvalles avenue for the term of twenty-one years from 
 the date of said indenture. And whereas the council of 
 the corporation of the county of York have expressed their 
 willingness to give the company such rights as the county 
 may have the power to give the company, to construct, 
 maintain and operate an electric railway or tramway over 
 the said last mentioned portion of the Lake Shore rond, 
 until the expiration of the term demised to the corporation 
 of the village of Parkdale by the said indenture of lease. 
 
 Kow therefore this indenture witnesseth that the said 
 parties of the first part and the said parties of the second 
 
 17- 
 
STREET RAIt.WATa 
 
 471 
 
 part have covenanted and agreed and by these presents 
 do covenant and agree each with the other of them as 
 foilowft : — 
 
 1. That the company, their successors and assigns, be 
 permitted without let or hindrance from the county, their 
 successors or assigns, to construct, maintain, complete and 
 operate and from time to time remove and repair an iron 
 or steel railway track or tramway, to be a double track in, 
 upon and along that portion of the Lake Shore road lying 
 between the western limit of Dnfferin street and the west- 
 em limit of Roncesvalles avenue produced southerly on 
 Queen street in the city of Toronto for the full space and 
 term of thirteen years and six months from the 12th day 
 of January, 1892, being the balance of the term for which 
 the said portion of the said Lake Shore road was demised 
 or leased to the corporation of the village of Parkdale by 
 indenture bearing date the 12th day of July, 1884, such 
 iTailway being of approved construction and worked under 
 such regulations as may be necessar^ for the protection' of 
 the inhabits nts and the general public and lieing subject 
 always to the provisions of this agreement. Provided, 
 however, nnd it is hereby agreed between the parties 
 hereto that this clause shall be construed to give to the 
 
 Earties of the second part such rights only as the county 
 ave power to give them during the currency of the term 
 demised by the county to the corporation of the village of 
 Parkdale by the said indenture of lease. 
 
 2. All works necessary for constructing and laying down 
 rails or tramways shall be made in a substantial manner 
 according to the then existing modern practice under the 
 supervision of such officer as may be appointed by the 
 county for that purpose and to the satisfaction of the cor- 
 poration of the county of York. 
 
 3. The roadwaj', tracks and rails of the said railway or 
 tramway shall be located and constructed on such place 
 within the above mentioned portion of the Lake Shore 
 road as shall be decided upon by such officer as aforesaid. 
 All space between the rails and between the tracks and at 
 least one foot six inches from the outside of each track 
 shall be paved, and kept constantly in good order and 
 repair nnd shall be maintained flush with the rails of the 
 said railways or tramway by the said parties of the second 
 part, their successors or assigns, who shall also be bound 
 to constnict and keep in good repair crossings of a charac- 
 ter approved by the party of the first part within the 
 limits aforesaid at the intersection of each such railway or 
 tramway track and cross street or highway now opened or 
 that may hereafter be opened within the above mentioned 
 portion of the Lake Shore road. 
 
 4. The track and turnouts shall conform to the grades 
 of the said street or such other grades as may be furnished 
 
472 
 
 STREET HAILWAVS. 
 
 by such officer as n foresaid, or the party of the first part> 
 and shall not in any way be changed or altered, except 
 with the approval of the said officer or the party of the 
 first part ; but in all cases where it is found necessary in 
 determining the grades of the said railway or trninwny to 
 lay the same at a different grade from the street or road, 
 then in such case when required by the said officer, the 
 said company, their successors or assigns, shall make up or 
 depress tnc grade of the snid street to conform with the 
 grade of the railway or tramway and repave the same. 
 The top of the rails shall be laid flush with the street and 
 shall always be kept flush therewith and the gauge of the 
 said railway or tramway shall be uniform witn the street 
 railways of the city of Toronto, or the standard electric 
 railway gauge, in the discretion of the company. 
 
 5. The location of the line of railway in the-said street 
 or highway shall not be made until the plans thereof 
 shewing the position of the rails and other works on said 
 street shall have been submitted to and approved of by 
 the warden and county commissioners as aforesaid. 
 
 6. That the parties of the first jiart, or their assigns, 
 shall have the right to take up any part of the streets or 
 highways travei-sed by the rails, either for the purpose of 
 altering the grade thereof, constructing and repairing of 
 sewers, or drains, or culverts, or side-crossings, or for lay- 
 ing down or repairing gas or water pipes, and for all other 
 purposes within the province and privileges of a muni- 
 cipal corporation, without the company, their successors or 
 assigns, being entitled to an> compensation for damages 
 or otherwise occasioned to the working of the railway or 
 tramway, or works connected therewith ; and in prosecu- 
 ting such works should any change be made in the grade 
 of the Lake Shore road by orders of the officer aforesaid 
 or the parties of the first part or their assigns, the said 
 company, their successors or assigns shall, without delay, 
 make its road or track conform with such changed grade 
 of road so made. 
 
 7. The rails and cars to be used by the said company, 
 their successors or assigns, shall be of the latest approved 
 pattern, the same to be approved by the parties of the first 
 part. All persons using the road shall be at liberty to travel 
 upon the portion of the said railway [qu. highway] occupied 
 by the said railway or tramway, in the same manner as 
 upon other portions of the highway, and vehicles of every 
 description to be allowed upon such portion of the said 
 highway, and the wheels thereof upon said rails without 
 charge by the said company, their succes.sors or assigns, it 
 being provided, however, that the cars of the said com- 
 pany, their successors or assigns, shall have the first right 
 of way over the said railway or tramway, and all vehicles 
 or persons travelling on that portion of the said highway 
 
 ■•it 
 
STREET RAILWAYS. 
 
 47S 
 
 occupied by the said railway or tramway shall turn out 
 upon meeting or being overtaken by any car of thu aaid 
 company, their successors or assigns, so as to give them 
 full right of way. 
 
 8. The railway or tramway shall not be opened to the 
 public nor put in operation until the snnction of the 
 warden and commissioners of county property has been 
 previously obtained by enacting a special resolution to 
 that effect, and such sanction may be granted upon a cer- 
 tificate from the officer ap]x>inted as aforesaid, declaring 
 the said railway or tramway to be in good condition and 
 constructed conformably with the conditions prescribed 
 by this agreement on that behalf. 
 
 9. The company, their successors or assigns, shall run at 
 least ten cars each way morning and evening on a regular 
 time-table, at such hours as will best meet the wants of 
 the residents and the genera* public. The speed of the 
 said cars not to exceed twelve miles an hour. 
 
 10. The conductors shall announce to the jiossengers the 
 names of the stations, streets, highways, and public 
 squares, as the cars reach them. 
 
 11. When the accumulation of ice or snow is, in the 
 opinion of the officer as aforesaid or the parties of the first 
 part, sufficient to impede the running of the cars, the 
 company shall, on receiving notice from him or them, 
 remove the same, and no snow or ice shall be placed upon 
 any portion of the highway without first having obtained 
 the permission of the said officer. And when the snow is 
 removed from the track the company shall slant down the 
 snow on the roadway so as to be convenient for the travel- 
 ling public, to the satisfaction of the said officer. 
 
 12. No higher fare than is allowed by the charter and 
 franchise granted by the corporation of the city of Toronto 
 to the Toronto Street Railway Company shall be charged 
 for the conveyance of each passenger the full distance one 
 way on the line in the limits described herein, and tickets 
 shall be sold at the same rates as provided for in said city 
 charter. 
 
 13. The company, their successors or assigns, shall be 
 liable for all damages occasioned by reason of the exis- 
 tence of the rails of the company upon the said highway, 
 and the said company, their successors or assigns, shall 
 hold the said parties of the first part and their assigns in 
 all respects harmless in respect thereof, and upon demand, 
 shall forthwith pay to the said parties of the first part, or 
 their assigns, all sums payable by or recovered against the 
 said parties of the first part or their assigns in respect of 
 any such claims, together with all costs of or incidental to 
 such claims incurred by the parties of the first part or their 
 
 60 
 
 1:; l^i 
 
 1 1 
 
474 
 
 STREET RAILWAYS. 
 
 aaRigns, and nnch claims nnd coHt8 shall b) a first lien on 
 the propei-ty of the company, their sneceshors or assigns. 
 
 14. Should the company, their successors or assigns, 
 neglect to keep their track or road or crossings or bnllast- 
 ings in good condition, according to the terms of this agree- 
 ment, or to have the necessary repairs according to this 
 agreement mnde thereon, the said parties of the first part 
 may give notice requiring such repairs to be forthwith 
 made ; and it is agi'eed betweeen the particH hereto that a 
 certificate of the officer Ajipointed a» aforesaid for the timo 
 being of the parties of the first part, ns to the necessity of 
 such repairs in order to keep the said track, or roadway, or 
 crossing in good condition, shall he binding and conclusive 
 upon said company, their successors or assigns, and if after 
 huch notification given requiring such repairs to be made, 
 the said company, their sucessors or assigns, do not within 
 one week begin to carry to completion with all reasonable 
 diligence and complete within fifteen days from receipt of 
 such notice, or such fuiiher time &s the said officer ma}' 
 allow, this agreement shall be null and void, and the iiaid 
 parties of the first part shall be at liberty to remove the rails 
 of the said company, their successors or assigns, and to place 
 the said highway in a proper state of repair at the expense 
 of the said compan}-, their successors or assigns ; the said 
 company, for themselves, their successors or assigns, hereby 
 agreeing to pay for such work on demand. 
 
 15. Tlie company, their successors or assigns, shall have 
 the exclusive right and privilege to construct a railway or 
 tramway in, along and upon the said portion of the Lake 
 Shore road, subject to the observance of the conditions and 
 agreements herein contained for the period above men- 
 tioned, and subject to the proviso expressed in the first 
 paragraph of this indenture. 
 
 16. The council of the county of York foi the time being 
 shall be entitled to be represented by a director on the 
 board of the said company appointed annually by the 
 county council, and to vote upon all matters and questions 
 relating to the construction, location, maintenance and 
 repairs of the milway. 
 
 17. No motive power other than electricity or horse 
 power shall be used on the said road in any way, at any 
 time. 
 
 18. The services of the said officer in all cases to be paid 
 by the company. 
 
 19. That the company, their successors or assigns, shall 
 be -subject to all by-laws and parts of by-laws of the said 
 county of York, now in force or that may be hereafter 
 passed in re.spect to highways as far as practicable. 
 
 20. It is expressly understood and agreed between the 
 parties hereto that this indenture is to be construed as 
 
8TRBET RAILWAYS. 
 
 475 
 
 giving only f^uch pemiimion ur fninchiHe sm the corporation 
 of the county of York hafl power to give, nnd if it shnll be 
 held by ar v court of competent jurisdiction that the said 
 corporation of the county of York hoH not power to give 
 the permission or franchise hereby assumed to be given, 
 that thereupon this indenture shall be null and void and 
 of no effect. 
 
 21. And the parties of the second part for themselves, 
 their successors and assigns covenant and agi'ee with the 
 parties of the first pnrt, their successors nnd assigns, that 
 they the parties of the second part will forever hold linrm- 
 less and indemnified the parties of the first pnrt, their suc- 
 cessors and assigns, from nil damnges, costs, nnd charges 
 arising out of or in consequence of or in connection with 
 the prosecution or defence of any suit, action or proceeding 
 that may be undertaken at the instance of the parties oi 
 the second part or their assigns for the purpose of ascer- 
 taining or declaring what powers may be possessed by the 
 said parties of the first part to give an exclusive or other 
 right to erect or ninintain tracks or railways on the portion 
 01 the Lake Shore road in this indenture referred to or in 
 any manner calling in question any rights given or arising 
 out of or intended to be given or to arise out of this inden- 
 ture. The said parties oi the first part hereby ngreeing to 
 prosecute or defend in the name of the county of York any 
 action under this section which the said parties of the 
 second part deem advisable in their interests to be prose- 
 cuted or defended. 
 
 Provided that before the said county shall be bound to 
 enter upon any such prosecution or defence the company 
 or their assigns shall give such security as may be approved 
 of by the warden and county commissioners for the per- 
 formance and fulfilment of the indemnification provided 
 for by this section. 
 
 In witness whereof the corporation of the county of York 
 has hereunto affixed its coi'porate seal by the hand of the 
 warden and clerk of said county, and the said the Toronto 
 and Mimico Electric Railway and Light Company (Limited), 
 has affixed its corporate seal by the hands of the president. 
 
 W. H. PUGSLEY, 
 
 Signed, sealed and executed' 
 in the presence of 
 
 (Sgd.) 
 (Sgd.) Geo. 
 
 Warden. 
 Eakin, 
 Clerk. 
 
 Geo. W. McFarlen. 
 (Sgd.) F. Barlow Cumberland, Prtndent 
 (Sgd.) J. Dawson, Secretary. 
 
476 HTHBIT IIAII.WAYM. 
 
 SCHEDULE " H." 
 
 {Sftion 3.) 
 
 Thin indenture, made in duplicate thiM sixteenth dny u\' 
 Jnnuary, one thuunnnd eight hundred and ninety-two, 
 between the corporation of the county of York, hereinafter 
 called " the county," of the finit part ; and the Toronto an<l 
 Mimico Electric Railway and Light Coinpnny (Limited), 
 hereinafter called " the company," of the second part. 
 
 '<■ . Whereas the said company was by indenture dated tliu 
 twenty-third day of December, one thousand, eight hun- 
 ' drod and ninety, granted by the county permission to con- 
 
 struct, maintain, complete and operate, an electric railway 
 or tramway upon ana along that portion of the Lake Shoiu 
 road, lying between the western limit of Roncesvalles 
 avenue, producing southerly on Queen street, in the city of 
 Toronto and the western limit of the county's road, known 
 as the Lake Shore road, subject to such conditions, restric- 
 tions and regulations as are more particularly set forth in 
 the said indenture. 
 
 i And whereas on or about the 12th day of July, 1884, 
 
 the county lea'ied to the corporation of the village of 
 Parkdale that portion of the Lake Shore road lyitig Ik;- 
 tween Duiferin street and Roncesvalles avenue, for a term 
 of twenty-one years from the date of said indenture. 
 
 And whereas the council of the corporation of the county 
 of York have expressed their willingness to give the com- 
 pany certain rights to maintain and operate an electric 
 . railway or tramway over the said last-mentioned portion 
 of the Lake Shore road, after the expiration of the term 
 demised to the corporation of the village of Parkdale by 
 the said indenture of lease, and until the 23rd day of 
 December, 1911. 
 
 Now therefore, this indenture witnesseth that the said 
 parties of the first part and the said parties of the second 
 part have covenanted and agreed, and by these presents 
 do covenant and agree each with the other of them as 
 follows : — 
 
 1. That the company, their successors and assigns, be 
 permitted without lot or hindrance from the county, their 
 successors or assigns to construct, maintain, complete and 
 ' operate, and from time to time remove and repair, an iron or 
 steel railway track or tramway, to be a double track in, 
 upon and along that portion of the Lake Shore road lying 
 between the western limit of Dufferin street and the west- 
 ern limit of Roncesvalles avenue, producing southerly on 
 Queen street, in the city of Toronto, from the 12th day of 
 July, 1905, being the date of the expiration of the lease of 
 the said portion of the said Lake Shore road to the cor- 
 
SrRKET RAILWAYS. 
 
 poraiion of the village of Parkdale Uy indont(in>, bearing 
 .late the 12th of July, 1SH4, until the 23r(l day of December, 
 101 1, MUch railway being of approved construction and 
 worked under hucIi regulations as may be necessary for the 
 protection of the inhabitants and the general public, and 
 )>oing subject always to the provisions of this agreement, 
 provided, however, and it is hereby agreed between the 
 parties hereto that this clause shall be construed to give to 
 the parties of the second part such rights only as the 
 <!ounty have power to give tlioni during the time between 
 the expiration of the term demised by the county to the 
 corporation of the village of Parkdule, by the said inden- 
 ture of lea^e, and the said 23r«l day of December, li)ll. 
 
 Provided also, and it is hereby agreed between the par- 
 ties hereto that the said permission shall not be construed 
 to give an exclusive right or franchise, but q,uch right or 
 franchise shall bo subject to any agreement respecting a 
 similar use of the said portion of the Lake Shore road that 
 may be maile between the corporation of the county of 
 York and any other corporation or person, and said per- 
 mission or franchise is to be construed as giving a right 
 ordy of operating a surface street railway over the said 
 portion ot the Lake Shore road, and if the said corporation 
 of the count}' of York so desires it may give a similar 
 |)crmission or fronchise to ony other corporation or pei-son, 
 subject to such terms and conditions aii may be agreed upon 
 l)etweeii the county of York aforesaid and such other cor- 
 poration or person, provided always that all rights and 
 privileges granted, or intended to be granted to the said 
 company under this agreement shall be preserved. 
 
 2. All works necessary for constructing and laying 
 down rails or tramways shall be made in a substantial 
 manner according to the then existing modern practice 
 under the supervision of such officer as may be appointed 
 by the county for that purpose, and to the satisfaction of 
 the corporation of the county of York. 
 
 3. The roadway, track and rails of the said railway or 
 tramway shall be located and constructed on such place 
 within the above mentioned portion of the Lake Shore 
 road as shall be decided upon by such officer as aforesaid. 
 All space between the rails and between the tracks and at 
 least one foot six inches from the outside of each track 
 shalt be paved and kept constantly in good order and re- 
 pair, and shall be maintained flush with the rails of the said 
 luilway or tramway by the said parties of the second part, 
 iheir successors or assigns, who shall also be bound to con- 
 struct and keep in good repair crossings of a character 
 approved by the parties of the first part within the limits 
 aforesaid at the intersection of each such railway or tram- 
 way track and cross street or highway now opened or that 
 iiiiiy hereaiter be opened within the above mentioned por- 
 tion of the Lake Shore road. 
 
 477 
 
478 STUUET RAILWAYS. 
 
 4. The track and turnouts shall conform to the grades 
 of the said street, or such other grades &s may be furnished 
 by such officer as aforesaid or the party of the first part, 
 and shall not in any way be changed or altered except 
 with the approval of the said officer or the party of tlie 
 first part, but in all cases where it is found necessary 
 in determining the grades of the said railway or tram- 
 way, to lay the same at a different grade from the street 
 or road, then in such cases when rei|uired by the said 
 officer the said company, their successors or assigns, 
 shall make up or depress the grade of the said street 
 to conform with the grade of the railway or tramway and 
 repave the same. The top of the rails shall be laid Hush 
 with the street, and shall always be kept flush therewith, 
 
 ^ ' and the gauge of the ,said railway or tramway shall be 
 
 :'/' uniform with the street railways of the city of Toronto or 
 
 the standard electric railway gauge in the discretion of the 
 company. 
 
 5. The location of the line of railway in the said street 
 or highway shall not be made until the plans thereof shew- 
 ing the position of the rails and other works on said street 
 shall have been submitted to and approved of by the war- 
 den and county commissioners a" aforesaid. 
 
 6. That the parties of the first part or their assigns shall 
 have the right to take up any part of the streets or high- 
 ways traversed by the rails, either for the purpose of alter- 
 ing the grade thereof, constructing and repairing of sewers 
 or drains or culverts or side ciossings, or for laying down 
 or repairing gas or water pipes, and for all other purposes 
 within the province and privileges of a municipal corpora- 
 tion without the company, their successors or assigns, being 
 entitled to any compensation for damages, or otherwise 
 occasioned to the working of the railway or tramway or 
 works connected therewith, and in prosecuting such works 
 should any change be made in the grade of the Lake Shore 
 road by orders of the officer aforesaid or the parties of the 
 first part or their assigns, the said company, their suc- 
 cessors or assigns, shall, without delay make its road or 
 track conform with such changed grade of road so made. 
 
 7. The rails and cars to be used by the suid company, their 
 successors or assigns, shall be of such pattern as shall be ap- 
 proved by the parties of the first part. All persons using the 
 road shall be at liberty to travel upon the portion of the 
 said railway [qi(. highway] occupied by the said railway or 
 tramway, and in the same manner as upon other portions 
 of the highway, and vehicles of every description are to be 
 allowed upon such portion of the said highway, and the 
 wheels thereof upon said rails without charge by the suid 
 company, their successors or assigns, it being provided how- 
 ever that the cars of the said company, their successors or 
 assigns, shall have the first right of way over the said 
 
STREET RAILWAYS. 
 
 47» 
 
 railway or tramway except in case of any corporation or 
 person being granted a similar right or franchise as is 
 nereby assumed to be given to the parties of the second 
 part, and all vehicles or persons travelling on that portion 
 of the said highway occupied by the said railway or tram- 
 way except as aforesaid, shall turn oi>.t upon meeting or 
 being overtaken by any car of the said company, their 
 successors or assigns, so as to give them full right of way. 
 
 8. The railway or tramway shall not be opened to the 
 public nor put in operation until the sanction of the warden 
 and commissionei.s of county property has been previously 
 obtained by enacting a special re'^olution to that effect, and 
 such sanction may be granted upon a certificate from the 
 ofUcer appointed as aforesaid declaring the siiid railway or 
 tramway to be in good condition and constructed conform- 
 ably with the conditions prescribed by this agreement on 
 that behalf. 
 
 9. The company, their successors or assigns, shall run at 
 least ten cars each way morning and evening on a regulai* 
 time-table at such hours as will best meet the wants of the 
 residents and the general public. The speed of such cars 
 not to exceed twelve miles an hour. 
 
 10. The conducto . shall announce to the passengers the 
 names of the stations, streets, highways and public squares 
 as the cars reach them. 
 
 11. When the accumulation of ice or snow is, in the 
 opinion of the officer aforesaid, or the parties of the first 
 part, sufficient to impede the running of the cars the com- 
 pany shall, on receiving notice from him or them remove 
 the same, and no snow or ice shall be placed upon any 
 portion of the highway without first having obtained the 
 permission of the said officer. And when the snow is re- 
 moved from the track the company shall slant down the 
 snow on the roadway so as to be convenient for the travel- 
 ling public to the satisfaction of the said officer. 
 
 12. No higher fare than is allowed b}' the charter and 
 franchise granted by the corporation of the city of Toronto 
 to the Toronto Street Railway Company shall be charged 
 for the conveyance of each passenger the full distance one 
 way on the line in the limits described herein, and tickets 
 shall be sold at the same rates as provided for in the said 
 city charter. 
 
 13. The company, their successors or assigns, shall be 
 liable for all damages occasioned by reason of the existence 
 of the rails of the company upon the said highway, ami 
 the said company, their successors or assigns shall hold the 
 said parties of the first part and their assigns in all respects 
 harmless in respect thereof, and upon demand shall forth- 
 witl, pay to the said parties of the first part or their assigns 
 ftll sums payable by or recovered against the saiil pai'ties 
 
 
 I; 
 
480 . STUERT RAILWAYS. 
 
 of the first part or their assigns in respect of any such 
 claims, together with nil costs of or incidental to such 
 claims incurred by the parties of the first part or their 
 assigns, and such claims and costs shall be a first lien on 
 the property of the company, their successoi's or assigns. 
 
 14. Should the company, their successors or assigns, 
 neglect to keep their track or road or crossings or ballast- 
 ings in good condition according to the terms of thia agree- 
 ment or to have the necessary repairs, according to this 
 agreement, made thereon, the said parties of the first part 
 may give notice requiring such repairs to be forthwith 
 made ; and it is agi'eed between the parties hereto that 
 a certificate of the ofiicer ap[)ointed as aforesaid for the 
 
 '' time being of the parties of the first part as to the 
 
 necessity of such repairs in order to keep the said track 
 or roadway or crossing in good condition, shall be binding^ 
 and conclusive up(»n said company, their successors or 
 assigns, and if after such notification given requiring such 
 repairs to be made the said company, their successors or 
 assigns, do not within one week begin and carry to com- 
 pletion with all reasonable diligence and complete within 
 fifteen days from receipt of such notice or such further time 
 
 as the said ofiicer may allow, this agreement shall be null 
 
 and void, and the said parties of the first part shall be at 
 
 „^' liberty to remove the rails of the said company, their suc- 
 
 cessors or assigns, and to place the said highway in a pro- 
 per state of repair at the expense of the said company, 
 their successors or assigns, the said company for themselves, 
 their successors or assigns, hereby agreeing to pay for such 
 work on demand. 
 
 15. The company, their successors or assigns, shall have 
 a right, but not the exclusive right, and privilege to con- 
 struct a railway or tramway in, along and upon the said 
 portion of the Lake Shore road, subject to the observance 
 uf the conditions and agreements herein contained for the 
 period above mentioned and subject to the proviso ex- 
 pressed in the first paragraph of this indenture and the 
 whole of the provisions of clause 21 hereof. 
 
 N 16. The council of the county of York for the time being^ 
 
 shall be entitled to be represented by a director on the 
 board of the said company appointed annually by the 
 county council and to vote upon all matters and questions 
 relating to the construction, location, maintenance and 
 repairs of the railway. 
 
 17. No motive power other than electricity or horse 
 power shall be used on the said road in any way at any 
 time. 
 
 18. The services of the said ofllioer in all cases to be paid 
 by the company. 
 
STREET RAILWAYS. 
 
 m% 
 
 19. That the company, their .succe.ssors or assigns, shall 
 be subject to all by-tnws and parts of by-laws of the .said 
 county of York iiow in force or that may be hereafter 
 pa.ssea in respec , to highways as far as practicable. 
 
 20. The said parties of the second part for themselves, 
 their successors and assigns, covenant, promise and agree 
 with the said parties of the first part, their successors and 
 assigns, that they the parties of the second part will at all 
 times during th' continuance of the privilege or franchise 
 herebj' granted or assumed to be granted at the request or 
 upon the demand of the parties of the first |)art, their suc- 
 cessors or assigns, allow any corporation o^* pei-son t, 'horn 
 such permission, privilege or franchise may be given or 
 granted by the parties of the first part, their successore or 
 assigns, or by any corporation or person with the consent 
 of the parties of the first part, their successoi"s or as.signs, 
 "xnd upon such terms and conditions as may be agreed 
 upon by the said parties of the first and second parts, their 
 successors or assigns, and such other corporation «r person, 
 to run over, upon and along the tramway or rails of the 
 parties of the second part and to use the same in such 
 manner and for such purposes as may be deemed necessary 
 or expedient by the said parties of the first part, their suc- 
 cessors or assigTiS, subject to such terms and conditions as 
 may be agreed upon as aforesaid, and the -said pjirties of 
 the second part, their successors or assigns, shall not, in 
 case of any such permission or franchise being given or 
 consented to by the parties of the fii-st part, their succes- 
 sors or assigns, be entitled to any compensation, money, 
 payment, indemnity or damages by reason or on acvuunt 
 of such permission ov franchise except for v?ompensation for 
 use of the rails of the company or their assigns &s may be 
 agreed upon by the county. 
 
 21. It is expressly understood and agreed bet'veen the 
 parties hereto that this indenture is to be construed as 
 giving only such permission or franchise as the corporsi- 
 tion of the county of York has pov.er to give, and if it 
 shall be held by any court of competent jurisdiction that 
 the said corporation of the count}- of York has not power 
 to give the permission or franchise hereby given that 
 thereupon this indenture shall be null and void and of no 
 effect. 
 
 22. And the parties of the second part, for themselves, 
 their successors and assigns, covenant and agree with the 
 parties of the fii-st part, their successoi-s and assigns, that 
 they, the p..rties of the second part, their successors or 
 assigns, will abide by, submit to, perform and fulfil in 
 every respect any agreement, privilege or franchise that 
 may be n)ade, given or granted under the provisions of the 
 la >t preceding paragraph hereof. 
 
 01 
 
482 STREET RAILWAYS. 
 
 23. And the parties of the second part, for themselve;}, 
 their successors and assigns, covenant and agree with the 
 parties of the first part, their successors and assigns, thai 
 they, the parties of the second part, will forever hold 
 harmless and induinnifieil the parties of the first part, 
 their successoi's and assigns, from all damages, costs and 
 charges arising out of, or in consequence of, or in con- 
 nection with the prosecution or defence of any suit, action 
 or proceeding that may be undertaken at the instance of 
 the parties of the second part, or their assigns, for the 
 purpose of declaring or ascertaining what powei-s may be 
 possessed by the said parties of the first part to give a 
 right to erect or maintain tracks or railways on the portion 
 of the Lake Shore road in this indenture referred to, or in 
 any manner calling in question any rights givr ti or arising 
 out of, or intended to be given or to arise out of this in- 
 denture. The sjiid jiarties of the first part hereby agree- 
 ing to prosecute or defend in the name of the county of 
 York any action under this section which the .said parties 
 of the second part deem advisable in their interests to be 
 prosecuted or defended. Provided that before the .said 
 county shall be bound to enter upon an}' such proj^ecution 
 or defence, the company, or their assigns, shall give such 
 security as may be approved by the .varden and county 
 commissionei-s for the performance and fulfilment of the 
 indemnification provided for by this section. 
 
 24. Upon the expiration of the privilege and franchise 
 granted by this agreement, the company, their successore 
 or assigns, shall be entitled to a renewal of the same, and 
 upon the expiration of such renewal term to further 
 renewals thereof upon such terms and subject to sucii con- 
 ditions, covenants, provisoes and stipulations as may Ih; 
 agreed U|x>n between the county, or their successors, on 
 the one part, and the company, their successors or assigns, 
 on the «)ther part ; and in case the said parties are unable 
 to agree then upon such terms, conditions, covenants, pro- 
 visoes and stipulations as may from time to time on each 
 such renewal be determined upon by arbitration to be ap- 
 pointed under the provisions of The Municipal Act — Pro- 
 vided, however, that at the expiration of the existing 
 privileges and franchise granted herein, the parties of the 
 first part may, upon giving notice in writing of their 
 intention to the company, their successors or assigns, 
 twelve months prior to the expiration of the said existin<x 
 privilege and franchise, assume the ownership of the rail- 
 ways and tramways of the company, its successors or 
 assigns, and all real and personal property in connection 
 with the working thereof, on payment of the value of the 
 same to be determined by arbiti'ation. 
 
 As soon as the lease to the said village of Parkdale 
 
 25. 
 
 shall expire, and provided the county shall be called upon 
 
STREET RAILWAYS. 
 
 488 
 
 to maintain the same, che said company, their successors 
 or assi<;ns, shall, if requested by the parties of the first 
 part, maintain the whole or any part of the said portion of 
 the Lake Shore rofid hereinbefore described, and shall 
 keep it in such good an>l proper state of repair as shall 
 mee^. with the approvil of the officer hereinbefore men- 
 tioned ; provided th.it if after due notice having been 
 given to the compmiy, their successors or assigns, the road 
 be iiot properly kept in repair to the satisfaction of the 
 said officer, he shall be entitled to enter and liave the same 
 repaired at the expense of the company, their successors 
 
 or assigns. 
 
 In witness whereof, the said 
 of York has hereunto affixed 
 hands of the warden and clerk 
 The Mimico Electric Rail" 
 (limited), has hereunto affixed 
 hand of its president. 
 
 Signed, sealed and executed '\ 
 
 in the presence of ( 
 
 Geo. W, McFarlkn. T 
 
 :sgd.) 
 
 (Sgd.) 
 
 corporation of the county 
 
 its corporate seal by the 
 
 of said county, and the said 
 
 ay and Light Company 
 
 its corporate seal by the 
 
 (Sgd.) Wm. H. PuasLEY, 
 
 Warden. 
 (Sgd.) Geo. Eakin, 
 
 Clerk. 
 
 F. Barlow Cumberland, President 
 J. Dawson, Secretary. 
 
 use 
 
 be 
 
 ,on 
 
 »ns, 
 
 ible 
 
 pro- 
 each 
 e ap- 
 -Pro- 
 sting 
 the 
 
 their 
 signs, 
 
 stin'ji 
 raii- 
 
 i-s or 
 
 Bctiovi 
 
 }f the 
 
 {.dale 
 upon 
 
 4. METROPOLITAN STREET RAILWAY COMPANY. 
 40 Vict. o. 84 (Ont.) 
 
 An Act to Incorporate the Metropolitan Street 
 Railway Company of Toronto. 
 
 \ Assented to 2nd March, 1877.] 
 
 WHEREAS certain persons have by their petition prayed Preamble, 
 that they may be incorporated under the title of 
 " The Metropolitan Street Railway Company of Toronto," 
 for the purpose of constructing and operating street rail- 
 ways in the city of Toronto and adjoining municipalities ; 
 and whereas it is expedient to grant the prayer of the 
 petitionee ; 
 
 Therefore Her Majesty, by and with the advice and 
 consent of the Legislative Assembly of the Province of 
 Ontario, enacts as follows : — 
 
 1. Robert Jaffray, John Shields, Nathaniel Dickey, Incorporation 
 Edward Galley and John Ginty, all of the city of Toronto, "'l,^**''^**"'** 
 
484 
 
 STREET RAILWAYS. 
 
 in the county of York, Esquires, and such other persons, 
 as shall hereafter become shareholdei-s of the said com- 
 pany, are hereby constituted a body corporate and politic^ 
 under the name of " The Metropolitan Street Railway 
 '^ Company of Toronto." 40 V. c. 84, s. 1. 
 
 C. S. C. c. 66, 2- The several clauses of chapter sixty-six of the 
 applied. consolidated statutes of Canada and the amendments 
 
 thereto, jvith respect to " interpretation," " incorporation," 
 " powers," " plans and surveys," " lands and their valua- 
 tion." " general meetings," " president and directors, their 
 election and duties," " calls," " shares and their transfer," 
 shareholders, " municipalities," " actions for indemnity and 
 fines, penalties, and their prosecution " (except sub-section 
 eleven of section nine, and sections eighty-four, eighty-five 
 and ninety), shall, in so far only as they are not inconsist- 
 ent with, or repugnant to, any of the provisions of this 
 Act, be incorporated with, and be deemed to be a part of 
 this Act, and shall apply to the said company and to the 
 railway to be constructed by them, but' the several clause 
 of the said chapter sixty -six in respect to " powers," " plans 
 and surveys," and " lands and their valuation," shall apply 
 to the said company, only so far as regards the portions of 
 the railway outside the limits of the city of Toronto. •lO 
 V. c. 84, s. 2. 
 
 Capital stock. 3. The Capital stock shall be one hundred thousand 
 dollars in one thousand shares of one hundred dollars each. 
 40 V. c. 84, s. 3. 
 
 Commence- 4- The company may begin to exercise the powers 
 ment of work, hereby granted as soon as fifty thousand dollars of the 
 capital stock shall be subscribed, and twenty per centum 
 thereon paid into some chartered bank in the city of 
 Toronto, to the credit of the said company. 40 V. c. 
 84, s. 4. 
 
 F.-ovisional 
 directors. 
 
 Enaction of 
 iKNird of 
 directors. 
 
 5- The said Robert Jatfray, John Shields, Nathaniel 
 Dickey, Edward Galley and John GinH% shall be provis- 
 ional directors of said company, to obtain subscriptions 
 for stock and organize said company, and shall hold office 
 until the election of directors, as hereinafter provided for. 
 40 V. c. 84, s. 5. 
 
 6- So soon as fifty thousand dollars of the capital stock 
 has been subscribed, and ten per centum thereon paid up, 
 the shareholders shall proceed to the election of a board of 
 directors for the said company, and the provisional direc- 
 tors, or a majority of them, shall call a meeting of the 
 shareholders for that purpose, first giving two weeks' 
 notice thereof by advertisement in some newspaper pub- 
 lished in the city of Toronto. 40 V. c. 84, s, 6. 
 
8TUEICT ItAILWATS. 
 
 48.1 
 
 7. The board of directors shall consist of five directors, Con"***"**©!! 
 to be determined at the meeting to be held as provided f oi" diJeStors. 
 in the preceding section, each of whom shall be a share- 
 holder of not less than one thousand dollars ; such elec- 
 tion and every question voted on at such meeting shall be 
 decided by ballot, by a majority of votes of the share- 
 holdei's (who shall have paid all calls made upon the stock 
 held by them) present in person or represented by written 
 proxy, each share to have one vote ; the directors so chosen 
 shall immediately elect one of their own number to be 
 piesident and another to be vice-president, which presi- 
 dent, vice-president and directors shall continue in office 
 for one year and until others shall be chosen to fill their 
 places, as may be provided by the by-laws of the said com- 
 ))any, and if any vacancy shall at any time happen by 
 death, resignation or otherwise during said year, in the 
 office of president, vice-president or directors, the remain- 
 ing directors shall supply such vacancy for the remainder 
 of the year, and the election of directors shall take place \ 
 annually, either on the anniversary of the day of the first 
 election of directors, oi- such other days as may be fixed by 
 by-law as hereinafter mentioned. 40 V. c. 84, s. 7. 
 
 8. The company are hereby authojized and empowered Powers of 
 to construct, maintain, complete and operate on all days <'"™P*°y' 
 except Sundays, ai J from time to time remove and change 
 
 a double or single track iron railway, with the necessary 
 side-tracks and turnouts for the f)assage of cars, carriages 
 and other vehicles adapted to the same, upon and along 
 such streets and highways and railway tracks or lines 
 within the jurisdiction oi the corporation of the city of 
 Toronto, and of any of the adjoining, municipalities as the 
 company may be authorized to pass along, under and sub- 
 ject to any agreement hereafter to be made between the 
 said councils of the said city and of the said municipali- 
 ties or railway company respectively and the said com- 
 pany, as to construction, maintenance and repairs of road- 
 way and renewal thei'eof, and grade, style of rail, and all 
 other matters and things relating to roadway and works, 
 and under and subject to any by-laws of the said corporation 
 of the said city and municipalities respectively, or any of 
 them, made in pursuance thereof, and to take, transport 
 and carry passengers by the force or power of animals or 
 such other motive power as may be authorized by the 
 council of said city and municipalities respectively by b\'- 
 law, and outside the limits of the city of Toronto to carry 
 freight, and to use and to construct and maintain all 
 necessary works, buildings, appliances and conveniences 
 connected therewith. 40 V. c. 84, s. 8. 
 
 9. The directors shall have full power to make all by-laws Powers of 
 and regulations for the management of the company ; the directors. 
 
 ■'I 
 
 
 I 
 
486 STRKET RAILWAYS. 
 
 acquirement, nianaj^einent and disposition of its stock,. 
 . , property and effects, and of its affairs and business ; tlie 
 
 management and collection of calls on its stock nnd for- 
 feiture thereof for nonpayment; the entering into nrrange- 
 ,>* ments and contracts with said city or municipalities; the 
 declnration and payment of dividends out of tne profits of 
 the said company ; the form and issuing of stock certifi- 
 cates, and the transfer of shares ; the calling of general and 
 other meetings of the company ; the appointment, removal 
 and remuneration of all officers, agents, clerks, workmen 
 and servants of the company ; the fares to be received from 
 persons and freight transported over said railway [or any 
 part thereof, and in general to do all things as (d)] may lie 
 necessary to carry out the objects and the exercise of the 
 powers incident to the company: Provided, that the fare 
 shall not exceed for each passenger five cents for carriage 
 for any distance not more than three miles within the 
 limits of the corporation of the said city of Toronto, and 
 one cent additional per mile over three miles ; the return 
 ride to be charged for separately, and children under ten 
 years of age to be carried the said three miles for three 
 cents, and children in arms free. 40 V. c. 84, s. 9, 
 
 Stock to be 10. Th e stock of said company shall be deemed personal 
 personalty, estate, and shall be transferable in such way as the direc- 
 tors shall by by-law direct. 40 V. c. 84, s. 10. 
 
 Realeatate. ll- The company may purchase, lease, hold or acquire, 
 mortgage, let or transfer any real or personal estate, neces- 
 sary for carrying on the operations of the company. 40 V. 
 c. 84, s. 11. 
 
 Sleighs may 12. The company may substitute sleighs for railway 
 be used. carriages during the winter months upon the route of their 
 railways. 40 V. c. 84, s. 12. ^ 
 
 Rate of iares. 13. The fares mentioned in section nine of this Act shnll 
 be due and payable by every passenger on entering the car 
 or sleigh, and any person refusing to jiay the fare when 
 demanded by the conductor or driver and refusing to quit 
 the car or sleigh shall be liable to a fine of not less than 
 five dollars, recoverable upon conviction before the police 
 magistrate of the said city, or any justice of the peace, and 
 upon default of payment of said fine and all costs forth- 
 with, to imprisonment in the common gaol for a period of 
 not more than thirty days. 40 V. c. 84, s. 13. 
 
 Rails. M. The rails of said company shall be laid so as to cause 
 
 the least inconvenience possible to general traffic, consistent 
 with the proper working of said company ; to be flush (as 
 nearly as practicable) with the streets, which shall be kept 
 
 {d) These words seem to have been dropped in printing the statutes. 
 See 39 Vict. c. 74 s. 8. 
 
STREET RAILWAYS. 
 
 487 
 
 cleaned and in proper repair between and for eighteen 
 inches on each .side of said rails and at the expense of said 
 company. 4'* V. c. 84, s. 14. 
 
 i / 
 
 3!,5. The directors may, from time to time, incre»ise the Stock may be 
 capital stock of the said company for such amount or '"*"'***®^" 
 amounts as occasion may require, and also raise or borrow 
 for the purpose of the company any sum or sums not ex- 
 ceeding in the whole at any time the actual amount of the 
 capital stock bond fide subscribed and paid up, by the issue 
 of bonds or debentures, in such sums of not less than one 
 hundred dollars, on such terms and credit as they think 
 proper, and may thereby pledge or mortgage all the pro- 
 perty, tolls and income of the company or any part thereof 
 (aF may be expressed upon the face ot any bond or deben- 
 ture) for the repayment of the moneys so raised or bor- 
 rowed, and the interest thereon : Provided always, that the Proviso, 
 consent of two-thirds in value of the stockliolders of the 
 company present, or represented by proxy, at a special * 
 meeting to be called and held for either or both of the ))ur- 
 poses aforesaid, shall be first had and obtained : Provided Proviao. 
 always, that due notice of the holding of such meeting 
 shall have been given in some new.spaper published in the 
 city of Toronto at least two weeks before such meeting is 
 held. 40 V. c. 84, s. 15. 
 
 16. No stockholdei- shall be personally liable for the Liability of 
 promises, contracts, debts, undertakings, tolls or liabilities shareholders. 
 of '■aid company beyond the amount remaining unpaid 
 
 npon stock held by him, and to that extent only after the 
 other assets, if any, of said company shall be realized upon. . 
 40 V. c. 84, s. IG. 
 
 17. The council of the said city and of any of the said Councilofcity 
 adjoining municipalities, or any of them, and the said com- andof mum- 
 pany are hereby respectively authorized to make and tOa|^*e.'* 
 enter into any agreements or covenants (e) relating to the 
 construction of the said railway, for the paving, macadam- 
 izing, repairing, grading and cleaning of the streets and 
 highways, and the construction, opening up and lepairing 
 
 of drains and sewers, and the laying of gas and water 
 pipes in .said streets and highways, and location of the 
 railway, and the particular streets along which the .same 
 shall be laid, the pattern of rails, the time and speed of 
 running the cars, the time within which the road .shall be 
 commenced and the time of completion, and generally for 
 the safety and convenience of pas.sengers, the conduct of 
 the agents and .servants of the company, and the non- 
 obstructing or impeding of the ordinary traffic : Provided, 
 that the powers contained in this Act shall remain in abey- 
 ance unJtil the agreements hereinbefore in this clause men- 
 
 (e) Agreements between the city and company, 
 council, App. "C" pp. 553, 561, 563. 
 
 See minutes of the 
 
 if 
 
 I 
 
 I 
 
48$ 
 
 STRKCT KAILWAYS. 
 
 By*Uwt of 
 «ity, etc 
 
 Power to par- 
 ohaae or hire 
 rolling atook, 
 etc. 
 
 of lan< 
 
 Bva 
 ill. 
 
 tioned shall have been enteieil into and made by and 
 between the several parties hereinbefore mentioned. .4U V. 
 c 84, s. 17. 
 
 18. The said city and the said municipalities are hereby 
 authorized to pass any by-laws, and to amend, i-epeal or 
 enact the .same for tlie purpose of carrying into ett'ect any 
 such agreement or covenant, and containing all such neces- 
 sary clauses, provision.s, rules and regulations for the con- 
 duct of all parties concerned, including the company, and 
 for enjoining obedience thereto, and also for the facilitating 
 the running of the company's cars and sleighs, and for 
 regulating the traffic and conduct of all parties travelling 
 upon the streets and highways through which the said 
 railway may pas.s. 40 V. c. 84, h. 18. 
 
 19. It shall lie lawful for the .said compai'.y tu enter 
 into and carry out to completion any agreement with any 
 person or persons, or body corporate, hereafter acquiring 
 the power or right to construct and work street railways 
 in the said city of Toronto or now having or hereafter 
 acquiring such power in adjoining municipalities, for leas- 
 ing, hiring, or purchasing the plant nnd rolling stock 
 belonging to any such person or persons, or body corpo- 
 rate, or for making running arrangements or nmnlgamating 
 with any such person or persons or body corporate, such 
 agi'eement to be approved by two-thirds of the sharehold- 
 ers, voting in person or by pi'oxy, at a special general meet- 
 ing to be held for that [lurpose, in accordance with this 
 Act ; and every such agreement, when so approved, shall 
 be valid and binding, and shall be enforced by courts of 
 law, according to the terms and tenor thereof, and any 
 company or individual accepting and executing any such 
 lease or agreement is hereby empowered to exercise all the 
 right and privileges, in respect of such agreement, in this 
 charter r nferred. 40 V. c. 84, s. 19. 
 
 20- Conveyances of lands to the said company for the 
 purposes of and powei"s given by this Act, made in the 
 form set out in schedule " A," hereunder written, or simi- 
 lar ones, shall be sufficient conveyance to the said com- 
 pany, their succes.sors and a-snigns, of the estate or interest, 
 and sufficient bar of dower respectively, of all pei'sons 
 executing the same, and such conveyances shall be regis- 
 tered in such manner and upon such proof of execution as 
 is required under the registry laws of Ontario ; and no 
 registrar shall be entitled to demand more than seventy- 
 five cents for the registration of the same, including all 
 entries and certificates thereof and certificate endorsed on 
 the duplicate thereof. 40 V. c. 84, s. 20. 
 
 21. Nothing in this Act contained shall be construed to 
 impair the rights, powers, or privileges vested in the 
 
STREET RAILWAYS. 
 
 480 
 
 Toronto Street Railway Company, ur tu authorL'% any 
 agreement or by-law in violation or diminution thereof. 
 40 V. c. 84, 8. 21. 
 
 n 
 
 SCHEDULE " A." 
 
 Know all men by the.se presents that I (or we) [insert 
 the name or names of the vendor or vendors], in consider- 
 ation of dollars, paid to me (or uh), by the 
 Metropolitan Street Rivilwny Company of Toronto, the 
 receipt whereof is hereby acknowledged, do grant and 
 convey all that certain parcel (or those certain parcels, aa 
 the case may be) of land, situate {describe the land), the same 
 having been selected and laid out by the said company for 
 the purpose of the said railways, to hold with the appurten- 
 ances unto the said the Metropolitan Street Railway Com- 
 pany of Toronto, their successors and assigns [here insert 
 any other clauses, covenants, or conditlo7is required], and I 
 {or w^e), the wife {or wives) of the said 
 hereby bar my {or our) dower in the said lands. 
 
 As witness mv (or our) hand and seal {or hands and seal) 
 this " day of , A.D. 18 
 
 Signed, sealed and delivered ) 
 in presence of j 
 
 40 V. c. 84, Sched. 
 
 56 Viot. 0. 94 (Ont.) 
 
 An Act respecting the Metropolitan Street Rail- 
 way Company. 
 
 [Assented to 27th May, 1893.] 
 
 WHEREAS the Metropolitan Street Railway Company of Preamble. 
 To''onto was incorporated for the purpose of construct- 
 ing and operating street railways, and has constructed and 
 is now operating a railway in the city of Toronto and ad- 
 joining municipalities ; and whereas the said company by 
 their petition have prayed that an Act may be passed to 
 change the name of the said company, and for other pur- 
 poses ; and whereas it is expedient to grant the prayer of 
 the said petition ; 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of On- 
 tario, enacts os follows : — 
 
 v*S 
 
 ,1 
 
400 
 
 8TRKET RAILWAYS. 
 
 fhaiigtof 1. Thn name of tli<« Mftrop»Iitan Street Railway Corn- 
 
 luuiM. p*ny of Toronto is hereby chan^e<l, anH the corporate name 
 
 of the company is hereby declared to he The Metropolitan 
 Street Railway Cctmpany. 56 V. c. f)*, h. 1. 
 
 Agreemonti 2. The agreements set out in the schedule "A" to this 
 oootiruici?*^ Act, namely, an affreemont between the municipal council 
 of the county of York and The Metropolitan Street Rail- 
 way Company of Toronto, dated the ioth day of June, 
 1884 ; an agreenwut between the corporation of the county 
 of York and The Metropolitan Street Railway Company of 
 Toronto, dated the 20th day of Janunry, 18«C; an agree- 
 ment between the corporation of the county of York and 
 The Metropolitan Street Railway Company of Toronto, 
 dated the 2Sth day of June, 1889 ; an agreement between 
 the corporation of the county of York and The Metropol- 
 itan Street Railway Company of Toronto, datfd the 17th 
 day (»f l)ecemV)er, 1889; an agreement between the cor- 
 
 § oration of the county of York and The Metropolitan 
 treet Railway Company of Toronto, dated the 20th day 
 of October, 1890, and an agreement between the munici|)al 
 corporation of the county of York and The Meti-opolitan 
 Street Railway Company of Tororto, dated the 2nd day of 
 March, 1891, are hereby confirmed and declared to be valid 
 and within the powers of the parties thereto, and to be 
 bin<ling upon the said the corporation of the county of 
 York and upon The Metropolitan Street Railway Company 
 of Toronto, and under its name so changed as aforesaid 
 respectively. 56 V. c. 94, s. 2. 
 
 By-law No. 3. By-law No. 592 of the corporation of the county of 
 l?YLkcoS ^^^'^' ^^^ ^"*^ ^" schedule "B" to this Act, and intituled 'A 
 finned. by-law to authorize and empower The Metropolitan Street 
 
 Railway Company of Toronto to extend their line of rail- 
 way from then- present northerly limit to the village of 
 Richmond Hill," is hereby confirmed and declared to be 
 valid and within the jjowers of the said the corporation of 
 the county of York, and to be binding according to the 
 terms thereof upon the said county. 56 V. c. 94, s. 3. 
 
 Extension of 
 line. 
 
 4. T^he company are hereby authorized and empowered 
 to extend, -;quip, maintain and operate their line of lailway 
 within the county of York to lake Simcoe, or to any inter- 
 mediate point between the present northern terminus and 
 lake Simcoe, and to build branches from their said railway 
 and from any extension that may be constructed under the 
 powei's given under this Act, to the village of Markhani, 
 to the town of Newmarket, and the village of Schomberg, 
 and to equip, maintain and operate such extensions. 5(! V. 
 c. 94, s. 4. 
 
 Certain sec- 5. AH the powers, privileges, rights and authorities set 
 tions Rev. torih in the clauses of The Railway Act and the amend- 
 
STKKET 'UlLWAYH. 
 
 1 I 
 
 4!H 
 
 inentM thoroto incorporatcti witli uml iiimlu a pnrt of 7'/(*"*^t«t. o. 170 to 
 
 Act to incoriHmtte The MetroiKilitan Strert nudmnj ^''f«" - Ji'.li^*^ '* 
 
 ■pany of Toronto may lie t-xorcHed in any iniinicipality 
 
 wliere the line of the naid company \n constructed ; or is 
 
 hy this Act authorized to be conHtructed ; provided al\vn\>* 
 
 that any extcn.sion of the line of ruilwuy on Yonge street 
 
 northerly from the present terminus may be made with the 
 
 conHunt of the corporation of the county of York an<l siili- 
 
 ject to any agreement that may be made between the said * 
 
 company and the said municipality ; and provided also that 
 
 any extension hereby authorized, other than the extension 
 
 on Yonge '•treet aforesaid, shall .not l)e constructed upon 
 
 and along any stret.'t or highway without the consent of 
 
 the municipality having Jurisdiction over such street or 
 
 highway. 56 \ . c. 9i, s. 5. 
 
 6- The said company shall have the power to take, trans- Carrying 
 port and carry passengers, freight, express and mail matter 1*"*'*"- 
 over their said railway and the ext 'nsioh or extensions 
 thereof. oG V. c. !>4, s. 6. 
 
 7. The said company may operate their railway as an Use of el«c- 
 electric railway, and n»ay construct, maintain and operate tricity. 
 works for the production of electricity for motive power 
 
 for the said railway, and for lighting and heating and roll- 
 ing stock of the company, and the said company may along 
 that part of their extensions outside of the limits of the 
 township of York, including the limits of the town of 
 North Toronto sell or lease the electricity so produced to 
 any person or corporation, and for such purposes shall pos- 
 sess the powers, rights and privileges conferred upon joint 
 stock companies incorporated under The Act respectinn "Rev. Si^t. 0. 
 ComjHtnies for. Steam and Heating, or for sapplyinfj ^^' 
 Electricity for Light, Heat or Power, but the said company 
 shall not exercise any powers under the said last men- 
 tioned Act without the consent of the municipalities. 
 
 Providtd that nothing in this section contained shall be Proviso, 
 deemed to confer on the said company the right t 
 electric power within the limits of the city of Toi ^in..j, 
 without the consent of the said city. 56 V. c. 94, s. 7. 
 
 8. The said company is hereby authorized to purchase, Power to 
 lease or acquire by voluntary donation or otherwise, and to acquire lands, 
 hold, for any estate in the .same, and to sell, lease, alienate, 
 
 or mortgage any lands or premi.ses intended and necessary, 
 or suitable for park or pleasure grounds npt exceeding 100 
 acres in any one municipality ; and the said company are 
 authorized to improve and lay out such lands as parks or 
 places of public resort, and may make and enter into any 
 agreement or arrangements with the municipal corpora- 
 tions of the municipalities wherein the same are situate, or 
 any of them, in respect thereto ; provided that none of the 
 
 • 
 
 i'r^i 
 
 h^ 
 
 I 
 
492 
 
 STRKET RAILWAYS. 
 
 foregoiiipr provisions of this section shall be in force or 
 * have effect unless or until said municipal council or coun- 
 cils of the municipality or municipalities wherein the lands 
 proposed to be acquired by the said company are situate, 
 shall by by-law have declared its or their assent to the said 
 company acquiring lands under and for the purpose men- 
 tioned in this section. Provided that the total acreage of 
 lands to be acquired by the comi)any for park purposes, 
 shall not exceed 300 acres. 56 V. c. 94, s. 8. 
 
 S2o'ooo"er *• '^^^ directors of the said company are hereby autho- 
 miie a'utho- ^'zed to make and issue from time to time, bonds and 
 rized. debentures of the said co'mpany to the extent of $20,000 
 
 per mile for each and every mile of single track of the said 
 railway, including any bonds or debentures already issued, 
 such bends and debentures to *be in sums of not less than 
 $100 each, and on such terms and credit as they may think 
 proper, which said bonds and debentures may be made the 
 first preferential claim and charge upon the undertaking 
 and real property of the company, including its rolling 
 stock and equipments now existing, or at any time here- 
 after acquired ; subject always to the rights of any then 
 existing bondholders ; and each holder of any of the bonds 
 or debentures so issued shall be deemed to be a mortgagee 
 and encumbrancer pro ro to with all the other holders thereof 
 upon the undertaking and property of the company as 
 aforesaid ; provided always that the consent of two-thirds 
 in value of the stockholders of the company present, or 
 i-epresented by proxy, at any meeting of the company 
 specially called for that purpose, shall be first had and 
 obtained. 56 V. c. 94, s. 9. 
 
 I 
 
 Inconsistent JQ, All the provisions of the Act incorporating the said 
 
 repealed" * Company inconsistent with this Act are hereby repealed 
 
 and declared to be of no force and effect. 56 V. c. 94, s. 10. 
 
 Rights of city 
 ofTc 
 
 rorontfl 
 
 11. Nothing herein contained shall in anj' way affect 
 
 unde"r "cert-vin ^^® rights of the corporation of the city of Toronio, as 
 
 agreements secured under .an agreement with the county of York, 
 
 not affected, dated the 21st day of August, 1888, whereby part of Yonge 
 
 street was granted to the said city of Toronto (/), and the 
 
 rights (if any) of the Toronto Railway Company, or of the 
 
 said city, under the agreement referi-ed to in an Act passed 
 
 in the 55th year of Her Majesty's reign, and chaptered 99, 
 
 or under the said Act, or otherwise under the agreements 
 
 between the Metropolitan Street Railway Company and 
 
 the said city, dsrted 7th July, 1890, 12th May, 1891, and 
 
 August, 1892. 56 V. c. 94, s. 11. 
 
 55 V. c. 99. 
 
 Powers of 
 municipali- 
 ties as to 
 granting aid. 
 
 12- The powers given to ihe council of every county, 
 township, city, town and incorporated village in section 
 634, or to a portion of a township municipality, in section 
 
 (/) This agreement is filed in the office of the city treasurer. 
 
STREET RAILWAYS. 
 
 493 
 
 635, or to the council of a township in section 636 of The 
 Consolidated Municipal Ad, 189J, may be exercised in 55 V. c 42. 
 respect of the Metropolitan Railway Company by such 
 municipal councils, by a portion of a township munici- 
 pality, or by the crtnncil of any township, through or near 
 to which municipalities or portions thereof the line of thp 
 said company is now, or hereafter may be, constructed ; and 
 the powers given in said section 635 of The Consolidated 55^.0. 42. 
 Municipal Act, 1893, aforesaid, to a portion of a township 
 municipality, may, in the case of the Metropolitan Railway 
 Company, be exercised by a portion of a town municipality, 
 through or near to which the line of the said railway 
 passes or is situated. 56 V. c. 94 s. 12. 
 
 SCHEDULE " A." 
 
 {Section ^.) 
 
 This indenture made in duplicate the twenty-fifth day of 
 June, one thousand eight hundred and eighty-four, 
 between the municipal council of the count}' of York, of 
 the first part, and the Metropolitan Street Railway 
 Company of Toronto, hereinafter called the company, of 
 the second part. 
 
 Whereas, certain persons were by Act of Legislature, of 
 the Province of Ontario, passed in the fortieth year of the 
 reign of Her Majesty, and chaptered 84, intituled An Act 
 to Incorporate the Metropolitan Street Radivay Company 
 of Toronto, incorporated as a body corporate and politic 
 for the purposes therein mentioned by the name of " The 
 Metropolitan Street Railway Company of Toronto ; " 
 
 And whereas the said company was in and by the said 
 Act among other things empowered to construct, maintain, 
 complete and operate, and from time to time remove and 
 change double or single ti*ack iron or wooden railwa3's, 
 with the necessary side tracks and turn-outs iov the 
 passage of cars, carriages and other vehicles adapted to 
 the same upon and along and across such streets and high- 
 ways, and railway tracks or lines within the jurisdiction 
 of the corporation of the county of York, and any of the 
 subordinate or adjoining municipalities as the company 
 may be authorized to pass along and across, under and 
 subject to any agreement thereafter to be made between 
 the councils of the said municipalities and railway com- 
 pany respectively, and the said ccmpan\' as to the con- 
 struction, maintenance and repairs of roadway and re- 
 newal therejf, and graile and style of rail and all other 
 matters and things relating to roadway and works; and 
 under and subject to any by-laws of the said municipali- 
 ties respectively or any of them, made in puisuance there- 
 
494 STREET RAILWAYS. > 
 
 of, and to take, transport and carry passengers and freight 
 by the force of power of animals or such other motive 
 power as may be authorized by the councils of the said 
 municipalities respectively by by-law, and to use and con- 
 struct and maintain nil necessary works, buildings, a|)- 
 pliancas ami conveniences connected therewith ; 
 
 And whereas in and by the siid Act, full power and 
 authorit}' was given to the parties of the second part to 
 use and occupy any and such parts of any of the streets or 
 highway's aforesaid as may be retpiired for the purpose of 
 their railway track and the laying of the rails and the 
 running of their cars and carriages, provided that tlie 
 conf^ciit of the said municipalities respectively shall be 
 first had and obtained, which are by the said Act 
 respectively authorized to grant permission to the said 
 parties of the second part to construct their railway as 
 aforesaid within their respective limits, across and along ; 
 and to use and occupy the said streets and highways, or 
 any part of them for that purpose, upon such conditions 
 and for such period or periods as may be respectively agreed 
 upon between the parties of the second part and the said 
 municipalities by their councils aforesaid or any of them ; 
 
 And whereas in and by the said Act the councils of the 
 said several municipalities or any of them, and the said 
 company are respectively authorized to make and enter 
 into any agreements or covenants relating to the con- 
 struction of the said railways, for the paving, macada- 
 mizing, repairing, grading and cleaning of the streets and 
 highways ; and the construction, opening up and repairing 
 of drains and sewers ; and the laying of gas and water 
 pipes in said streets and highways and location of the 
 railway ; and the particular streets along which the same 
 shall be laid ; the pattern of rails ; the time and speed <>[ 
 running the cars ; the time within which the said road 
 shall be commenced and the time of completion ; and 
 generally for the safety and convenience of passengers ; 
 the conduct of the agents and servants of the com|)any 
 and the non-obstructing or impeding of the ordinary 
 traffic ; 
 
 And whereas divers inhabitants of the county of York, 
 resident north of the northern limit of the city of Toronto, 
 have petitioned the municipal council of the county of 
 York to sanction the construction by the parties of the 
 second part, of a street rail tramway, in, along and upon 
 a certain portion of Yonge street, north of the northern 
 liinit of the city of Toronto hereinafter defined, and have 
 asked that certain other privileges and immunities should 
 bo granted to the parties of the second part, their suc- 
 cessors or assigns, and the said parties of the second part 
 have proposed to construct and operate such street rail 
 tramway u|)on the said street and are desirous of obtaining 
 the necessary permission ; 
 
STKEET RAILWAYS. 
 
 And whereas the parties hereto of the first |>art, betncr 
 the municipal council of tlie county of York, are willing to 
 grant such perniissiou upon the terms aiul conditions 
 hereinafter set forth, and to enter into an agreement with 
 the said parties of the second part such as is hereinafter 
 contained. 
 
 Now this indenture witnesseth that the sjiid parties 
 of the first part and second part have covenanted and 
 agreed and by these presents do covenant ami agi-eo each 
 with the other of them as follows : — 
 
 1. That the parties of the second part, their successors 
 and assigns, l^e permitted without let or hindrance from 
 the said parties of the first part their successoi-s or 
 assigns, to construct, maintain, complete and operate, and 
 from time to time remove and repair 'in iron or steel street 
 rail track or tramway with the necessary culverts, switches, 
 and turn-outs, such switches or turn-outs not to ex- 
 ceed four in number, or one hundred feet each in 
 length clear of curves, for the. pjissage of cai-s, carriages, 
 and other vehicles adapted to the same in, upon and 
 along that portion of Yonge street lying between the 
 northern limit of the city of Toronto and the present 
 centre of the front of the town hall of the township of 
 York at Egiington, such railway being of approved con- 
 struction and worked under such I'egulations as mr.y be 
 necessary for the protection of the inhabitants and the 
 general public, and being subject always to the provisions 
 of this agreement ; and in all cases where switches and 
 turn-outs are constructed, the said company shall extend 
 the road metal on the macadamized portion of the road to 
 a distance of at least sixteen feet beyond the outside rail 
 of the siding, the full length of such siding. 
 
 2. All works necessary for constructing and laying down 
 the rail or tramwa}' shall be made in a substantial manner 
 according to the best modern practice, under the su|)ervi.s- 
 ion of the county engineer, and to the satisfaction of the 
 municipal council of the county of York. 
 
 3. The roadway, track and rails of the said nul or tram- 
 way shall be located and constructed on the west side only 
 of the said street between the macadam or gravel, and the 
 ditch or watercourse and the roadway between, and all the 
 space within the rails, and at least one foot six inches from 
 the outside of and up to and adjoining the rail next adjoin- 
 ing the macadam, gravel or roadway, shall be paved or 
 macadamized and kept constantly in good order and repair, 
 and shall be maintained Hush with the rails of the said mil 
 or tramway by the said parties of tlie second part, who 
 shall also be bound to construct and keep in good re|>air, 
 crossings of a similar character to those adopted by the 
 parties of the first part within the limits aforesaid at the 
 
 49o 
 
49G 
 
 / 
 
 STREET RAILWAYS. 
 
 intersection of ever}' such rail or tramway track and cross 
 street or highwa}' now opened, or that may hereafter be 
 opened, and wherever culverts or waterways are found 
 necessary for drainage purposes in the opinion of the 
 countj' commissioner and engineerof the county, they shall 
 be provided by the company. 
 
 4. The track and turn-outs shall conform to the grades of 
 the said street as furnished by the county engineer, a.id 
 shall not in any way change or alter the same except with 
 the approval of the said engineer; but in all cases where 
 it is found necessaiy in determining the grades of the said 
 rail or tramway to lay the same at a different grade from 
 the street or road, then in such cases the said company 
 shall make up or depress the grade of the said street to 
 conform with the grade of the rail or tramway, and re- 
 metal the same. The top of the rails shall be laid flash 
 with the street, and shall be alwaj's kept flush with the 
 street, and the gauge of the saiil rail or tramways .'(hall be 
 uniform with the street tramways of the city of Toronto. 
 
 5. The location of the line of railway in the said street 
 or highway .shall not be made until the plans thereof shew- 
 ing the positions of the rails and other wo^-ks on said street 
 shall have been submitted to and appro 'ed of by the war- 
 den, county commissioners and enginev ' 
 
 6. That the parties of the first part shall have the right, 
 and it shall be lawful for them after twenty days' notice to 
 the parties of the second part of their intention to take up 
 any part of the street or highways traversed by the rails 
 either for the purpose of altering the grade thereof, con- 
 structing and repairing the .sewers, or drains, or culverts, 
 or side crossings, or for laying down or repairing gas or 
 water pipes, and for all other purposes within the province 
 and privileges of a municipal corporation without the par- 
 ties of the second part being entitled to any compensation 
 for damages or otherwise, occasioned to the working of the 
 rail or tramway or works connected therewith. 
 
 7. The rails and cars to be used by the said company 
 shall be of the latest approved pattern, the same to be 
 approved by the warden, county commissioners, and county 
 engineer ; such rails to be of such a pattern as to permit 
 of the wheels of ordinary vehicles travelling thereon. All 
 persons using the said road ai"e to be at liberty to travel 
 upon the portion of the said roadway occupied by the 
 said rail or tramway, and in the same manner as upon 
 other portions of the highway, and vehicles of every de- 
 scription are to be allowed upon such portion of the saiil 
 highway, and the wheels thereof upon said rails without 
 charge by the company, it being provided however that 
 the cars, teams, and vehicles of the .said company shall have 
 the first right of way over the said rail or tramway, and 
 
STREET BAILWATS. 
 
 all vehicles and persons travelling on that portion of the 
 said highway occupied ' v the said rail or tramway shall 
 turn out upon meeting oi ooing overtaken by any car or 
 vehicle of the said company so as to give them free right 
 of way. 
 
 8. The rail or tramway shall not be opened to the public 
 nor put in operation until the sanction of the warden and 
 commissioners of county property has been previously ob- 
 tained by enacting a special resolution to that effect, and 
 such sanction shall be granted upon a certificate from the 
 county engineer, declaring the said rail or tramway to be 
 in good condition, and constructed conformably to the con- 
 ditions prescribed by this agreement in that behalf. 
 
 9. The company shall run at least two cars each way 
 morning and evening, on a recrular time table, at such 
 hours as will best meet the wants of the residents and the 
 general public. 
 
 10. The speed of the cars shall never exceed six (6) miles 
 per hour. 
 
 11. The conductors shall announce to the passengers the 
 names of the streets, highways and public squares as the 
 Ciirs reach them. 
 
 12. When the accumulation of ice or snow is, in the 
 opinion of the county engineer, sufficient to impede the 
 running of the cars, the company shall, upon receiving 
 notice from him, provide sufficient sleighs, omnibuses, or 
 other vehicles for all the purposes of the travel, and con- 
 tinue the running of the same until further notice from 
 him, and no snow or ice shall be removed from the 
 track or placed upon any portion of the highway without 
 tii-st having obtained the permission of the said county 
 engineer. 
 
 13. No higher fare than five cents shall be charged for 
 the conveyance of each passenger the full distance one way 
 on the line. 
 
 14. The parties of the second part shall be liable for all 
 damages arising out of the construction, repair or opera- 
 tion of the rail or tramway, and also for all damages occa- 
 sioned b}' reason of the existence of the rails of the company 
 upon the said highway, and the said parties of the second 
 part shall hold the parties of the first part, in all respect 
 harmless, in respect thereof, and, upon demand, shall forth- 
 with pay to the said parties of the first part, all sums pay- 
 able or recovered against the sjiid parties of the first part, 
 in respect of any such claims, together with all costs of or 
 incidental to such claims incurred by the parties of the 
 first part, and such claims and costs shall be a first lien oa 
 the property of the company. 
 
 63 
 
 497 
 
498 
 
 STREET RAILWAYS. 
 
 15. Should the parties of the second part neglect to keep 
 their track or roadway or crossings or ballasting in good 
 condition according to the terms of this agreement, or to 
 have the necessary repairs according to this agreement 
 made thereon, the said parties of the first part may give 
 notice, requiring such repairs to be forthwith made ; and it 
 i.s agreed between the parties hereto that a certificate of 
 the engineer for the time being of the parties of the first 
 part, as to the necessity of such repairs in order to keep 
 the said track or roadway or crossing in good condition, 
 shall be binding and conclusive upon the said parties of 
 the second part, and, if after such notification given requir- 
 ing such repairs to be made, the said parties of the second 
 part do not within one week begin and carry to comple- 
 tion with all reasonable diligence and complete within 
 fifteen days from the receipt of such notice or such further 
 time as the said engineer may allow, this agreement shall 
 be null and void, and the said parties of the first part 
 shall be at liberty to remove the mils of the said company 
 and to place the said highway in a proper state of repair 
 at the expense of the said company. The said company 
 hereb}' agreeing to pay for such work on demand. 
 
 IG. The privilege and franchise granted by this agree- 
 ment shall extend over a period of twenty-one years from 
 the date hereof, and the said company and its cars, carri- 
 ages and other vehicles and horses and other motive power, 
 •shall, whether running the full distance or any shorter 
 distance named in the first enacting section herein, or 
 whether passing through a toll-gate or not, pay the fees, 
 tolls or license upon the said street and highway above 
 mentioned the same as may be determined by the by-laws 
 of the said county, passed from time to time to regulate 
 tolls on the York roads. 
 
 17. The company shall construct and have open for 
 travel their proposed line of rail or tramway within one 
 year from the first day of January, one thousand eight 
 hundred and eighty-four, and in default thereof the com- 
 pany shall forfeit all the rights, privileges and advantages 
 granted by this agreement or acquired thereunder; and 
 all such rights, privileges and advantages shall cease and 
 •determine as if this agreement had not been granted, and 
 the consent of the parties of the first part had not been 
 had or obtained by the company, as provided for in the 
 said hereinbefore recited Act. 
 
 18. The parties of the second part shall have the exclu- 
 sive right and privilege to construct a street rail or tram- 
 way in and upon the said portion of Yonge street, subject 
 to the observance of the conditions and agreements herein 
 contained. 
 
 19. The council of the county of York for the time bein^' 
 jshall be entitled to be represented by a director on the 
 
STREET RAILWAYS. 
 
 499 
 
 board of the said company, appointed annually by the 
 county council, and to vote upon all matters and questions 
 relating to the construction, location, maintenance and 
 repairs of the roadway. 
 
 ^0. No steam motive power or other than horse power 
 shall bo used on the said road in any way at any time. , 
 
 21. The services of the said county. engineer in all cases 
 to be paid by the parties of the second part. 
 
 22. That tht' party of the second part shall be subject 
 to all by-laws ; id parts of by-laws of the said county of 
 York, if now in force, or that may be hereafter passed in 
 respect to highways as far as practicable. 
 
 In witness whereof the said parties hereto respectively 
 set their hands and seals the day and year first above 
 written. 
 
 Signed and sealed in presence of 
 
 (Signed) E. J. Davis, [Seal.] 
 
 Geo. Eakin. Warden. 
 
 (Signed) Chas. D. Warrkn, [Seal.] 
 
 President. 
 
 ', f 
 
 eight 
 
 le com- 
 
 mtageH 
 
 Ir; and 
 
 Ue and 
 
 sd, and 
 
 \i been 
 
 I in the 
 
 exclu- 
 tram- 
 3ubject 
 herein 
 
 le bein<{ 
 Ion the 
 
 This indenture, made in duplicate this twentieth day of 
 January, in the year of our Lord one thousand eight 
 hundred and eighty-six, between the corporation of the 
 county of York, hereinafter called " the county " of the 
 first part, and the Metropolitan Street Railway Company 
 of the city of Toronto, hereinafter called "the company," 
 of the second part : 
 
 Whereas, by indenture, bearing date the twenty-fifth 
 day of June, one thousand eight hundred and eighty-four, 
 the municipal council of the county of York, did grant 
 permission to the company to construct and maintain, com- 
 plete and operate, and from time to time remov e and repair 
 an iron or steel street rail track or tramway in or upon and 
 along that portion of Yonge street lying between the nor- 
 thern limit of the city of Toronto and the present centre of 
 the front of the town hall of the township of York, at 
 Eglinton, upon the terms and conditions, covenants, provi- 
 soes and stipulations contained and set forth in the said 
 indenture, and with such permission such tramway has 
 been constructed by the company. 
 
 And whereas the company has applied to the council of 
 the county aforesaid to authorize an extension of their 
 railway and track about three-quarters of a mile further 
 north from the northern terminus mentioned in the said 
 agreement to a point at or near the Methodist church, sit- 
 uate on the east side of Yonge street aforesaid, and for an 
 
 I 
 
 t}'l 
 
 yx 
 
 fix 
 
MO 
 
 STREET RAILWAYS. 
 
 extension of the time during which the company shall 
 have the privilege of maintainmg and operating their said 
 railway as so extended for a longer period than that pre- 
 scribed in the said indenture hereinbefore referred to. 
 
 And whereas the council of the said county have agreed 
 to authorize an extension of the railway and track for the 
 , distance applied for, and have agreed to extend the te. '<i 
 during which the said railway as so extended may be 
 maintoined and operated upon the terms and conditions 
 hereinafter set forth. 
 
 Now this indenture witnesseth that the county and the 
 company have covenanted and agreed, and by these pre- 
 sents do covenant and agree each with the other of tnen^ 
 as follows : — 
 
 1. That the company, their successors and assigns, be 
 and are hereby permitted without let or injury from the 
 county, their successois or assigns, to consti-uct, maintain, 
 complete and operate, and from time to time remove and 
 repair an iron or steel rail track or tramway in extension 
 of their present constructed and now existing railway 
 track or tramway with the necessary culverts, switches or 
 turnouts ; such switches or turnouts not to exceed two in 
 number nor one hundred feet each in length, clear of curi-es 
 for the passage of cai-ts, carriages and other vehicles 
 a<lapted to the same, in, upon and along that portion of 
 Yonge street lying between the present northern terminus 
 of their said railway track or tramway to a point about 
 three-quarters of a mile further north on Yonge street 
 aforesiiid, and not exceeding three hundred yards north of 
 the Methodist church r ow on the east side of Yonge street, 
 such extension of the said railway track or tramway to be 
 of approved construction and worked under such regula- 
 tions as may be necessaiy for the protection of the inhabi- 
 tants and the general public, and being subject always to 
 the pro isions of this agreement, and in all cases where 
 switches or turnouts are constructed the said company shall 
 extend the road metal on the macadamized portion of the 
 road to a distance of at least sixteen feet beyond the out- 
 side rail of the siding the full length of such siding. 
 
 2. All works necessary for constructing and laying down 
 the extension of the said rail or tramway shall be made in 
 a substantial manner according to the best modern prac- 
 tice under the supervision of tne county engineer and to 
 the satisfaction of the municipal council of the county 
 aforesaid. 
 
 3. The roadway, track and rails of the said extension of 
 the said rail or tramway shall be located and constructed 
 on the west side only of the said street between the 
 macadam or gravel and the ditch . or watercourse, and the 
 roadway between and all the space within the rails and at 
 
STREET RAILWAYS. 
 
 501 
 
 least one foot h\x inches from the outside of and up to and 
 adjoining the rail next adjoining the macadam, gravel or 
 roadway, shall be paved or macadamized and kept con- 
 stantly in good order and repair and shall be maintained 
 flush with the rails of the said extension of the said rail or 
 tramway by the said parties of the second part, who shall 
 also be bound to construct and keep in good repair cross- 
 ings of a similar character to those adopted by the parties 
 of the first part within the limits aforesaid at the inter- 
 section of every such extension of the said rail or tram* 
 way ;!rack and cross-street or highway now opened or that 
 may hereafter be opened, and wherever culverts or water- 
 ways are found necessary for drainage purposes in the 
 opinion of the county commissioners and engineer of the 
 county they shall be provided by the company. 
 
 4. The track and tumour along such extension shall 
 conform to the grades of the said street as furnished by 
 the county engineer and shall not in any way change or 
 alter the same except with the approval of the said engi- 
 neer ; but in all cases where it is lound necessary in deter- 
 mining the grades of the said extension of the said rail or 
 tramway to la}' the same at a different grade from the 
 street or road then in such cases the said company shall 
 make up or depress the grade of the said street to conform 
 with the grade of the rail or tramway and re-metal the 
 same. The top of the rails shall be laid flush with th(t 
 street, and shall be always kept flush with the street anil 
 the gauge of the said extension of the said rail or tramway 
 shall be uniform with the gauge of the portion of the 
 said rail or tramway heretofore constructed and laid. 
 
 5. The location of the said extension of the line of rail- 
 way in the said street or highway shall be made in accord- 
 ance with the plans thereof hereunto annexed, shewing 
 the positions of the rails and other works on said street 
 
 6. That the county shall have tho right and it shall be 
 lawful for them and for the council thereof after ' wenty 
 days' notice to the company of their intention to take up 
 any part of the streets or highways traversed by the rails 
 either for the purpose of altering the grade thereof, con- 
 structing and repairing of sewers or drains or culverts or 
 side crossings, or for laying down or repairing gas or water 
 
 )ipes and for all other purposes within the province and 
 )nvileges of a municipal coi*poration without the company 
 )eing entitled to any compensation for damages or other- 
 wise occasioned to the working of the rail or tramway or 
 extension thereof or works connected therewith. 
 
 7. The rails' and cars to be used by the company shall be 
 of the latest approved pattern, the same to be approved b}' 
 the warden, county commissioners and county engineer, 
 such rails to be of such a pattern as to permit of the, 
 
001 STREfrr RAILWAYS. 
 
 wheels of ordinary vehiclen travelling thereon. All per- 
 sonH using tlic said road are to be at liherty to travel upon 
 the portion of tlie said roadway occupied by the said ex- 
 tension of the said rail or tramway and in the same 
 manner as upon other portions of the highway, and 
 vehicIcH of every description are to be allowed upon such 
 portion of the stiid highway and the wheels thereof uj>oii 
 said mils without charge by the company, it being pro- 
 vided, however, that the cars, teams and vehicles of the 
 company shall have the first right of way over the said 
 extension of the said rail or tramway, and all vehicles and 
 persons travelling on that portion of the said highway 
 occupied by the said extension of the said rail or tramway, 
 shall turn out upon meeting or being overtaken by any 
 car or vehicle of the company, so ns to give them free 
 right of way. 
 
 8. The said extension of the said rail or tramway shall 
 not be opened to the public nor put in operation until the 
 sanction of the warden and commissioners of county 
 property has been previously obtained by enacting a 
 special resolution to tnat effect, and such Sanction shall be 
 granted upon a certificate from the county engineer de- 
 claring the said extension of the said rail or tramway to 
 be in good condition and constructed conformably to the 
 conditions prescribed by this agreement in that behalf. 
 
 9. The company shall run upon and along the said rail 
 '' * or tramway as extended at least two cars each way moin- 
 
 / ' ing and evening on a regular time table at such hours as 
 
 will best meet the wants of the residents and the general 
 public. 
 
 10. The speed of the cars shall never exceed six (6) miles 
 per hour. 
 
 11. The conductors shall announce to the passengers 
 the names of the streets, highways and public squares as 
 the cars reach them. 
 
 12. When the accumulation of ice or snow is, in the 
 opinion of the county engineer sufficient to impede the 
 running of the cars, the company shall, on receiving 
 notice from him, provide sufficient sleighs, omnibuses or 
 other vehicles for all the purposes of the travel and con- 
 tinue the running of the same until further notice from 
 him, and no snow or ice shall be removed from tiie track 
 or placed upon any portion of the highway without first 
 having obtained the peimission of the said county 
 engineer. 
 
 13. No higher fare than four cents shall be charged for 
 . the conveyance of each passenger the full distance one 
 
 way on the line of the said extension in addition to any 
 fares chargeable on the tramway already constructed south 
 of the town hall hereinbefore mentioned. 
 
STREET RAILWAYS. 
 
 503 
 
 14. The company Hhnll be liable for all damages ariiting 
 out of the constriiution, repair or operation of the Maid ex* 
 tension of the Haid rail or tramway, and hIho for all 
 damages occanioned by reason of the existence of the rails 
 of the company upon the said highway and the company 
 shall hold the county, their successorn and assigns in all 
 respects harmless in respect thereof and upon demand 
 shall forthwith pay to the county all sums payable by or 
 recovered against the said county in respect of any such 
 claims together with all costs of or incidental to such 
 claims incurred by the county, nnd such claims and costs, 
 shall be a first lien on the property of the company. 
 
 15. Should the company neglect to keep their track or 
 roadway or crossings or ballasting along the said exten- 
 sion of the said rail or tramway in good condition, ac- 
 cording to the terms of this agreement, or to have the 
 necessary repairs according to the terms of this agreement 
 made thereon the county may give notice requiring such 
 repairs to be forthwith made ; and it is agreed between 
 the parties heieto that a certificate of the engineer for the 
 time beinf, of the county as to the necessity of such re- 
 pairs in order to keen the said track or roadway or crossing 
 m good condition snail be binding and conclusive upon 
 the company, and if after such notification given requiring 
 such repairs to be made the said company do not within, 
 one week begin and carry to completion with all reason- 
 able diligence and complete within fifteen days from the 
 receipt of such notice or such further time as the said 
 engineer may allow, this agreement shall be null and void 
 and the rights of the company under the same and under 
 the said prior agreement snail cease and determine and the 
 county shall be at liberty to remove the rails of the com- 
 pany and to place the said highway in proper state of 
 repair at the expense of the company. The said company 
 hereby agreeing to pay for such work on demand. 
 
 16. The privilege and franchise granted by this agree- 
 ment and by the said indenture hereinbefore referred to 
 and in part recited shall extend over a period of thirty-one 
 years from the tw^enty-fifth day of June, in the year of our 
 Lord, one thousand eight hundred and eighty-four, and the 
 said company and its cars, carriages and other vehicles 
 and horses and other motive power shall, whether running 
 the full distance of their said line of railways extended or 
 any shorter distance or whether passing through a toll gate 
 or not pay the fees, tolls or license upon the said street 
 and highway above mentioned the same as may be de- 
 termined by the by-laws of the said county passed from 
 time to time to regulate tolls on the York roads. 
 
 17. The company shall construct and have open for 
 travel the said extension of the said line of rail or tramway 
 within three years from the date of this agreement, and 
 
 
 ' 
 
 ~.m 
 
Mi HTRKET RAILWAYS. 
 
 in default ihcroof tho ooinpnny shall furfuit all the rij^htH, 
 pi'ivile)(eN aii*l n«lvHiitagt's grantcMl by this a;;r«uinont or 
 acquired thereunder ; and all Huch ri^htH, privilogeH and 
 advantaueN Hhall cetkse and duterniine as if this agreouiunt 
 had not l>een granted and the consent of the county had 
 not l>een ha<i or obtairie<l by the cotupany as provided for 
 in the Haid hereinltefore in part recited Act, but such 
 default shall not in any wny affect or prejudice the 
 existing rights of tho company under the said indenture 
 heretofore referred to and in part recited. 
 
 18. The company shall have the exclusive right and 
 privilege to construct a street rail or tramway in and u|)on 
 the said portion of Yonge street as extended by this agree- 
 ment, subject to the observance of the conditions and 
 agreements herein contained. 
 
 19. No steam, motive power or other than horse power 
 shall be used on the said road or extension in any way at 
 any time. 
 
 20. The services of the said county engineer in all cases 
 • to be paid by the company. 
 
 21. That the company shall be subject to all by-laws and 
 parts of by-laws of the said county of York now in force 
 or that may be hereafter passed in respect to highways as 
 far as practicable. 
 
 ^'""Y In witness whereof the said corporation of the county of 
 
 . , \. York have caused their corporate seal to be hereunto 
 
 affixed, and the warden and clerk thereof have set their res- 
 " pective hands, and the said the Metropolitan Street Railway 
 Company have caused their corporate seal to be hereunto 
 affixed and the president thereof has set his hand the day 
 and the year first above written. 
 
 v Signed and delivered in the presence of 
 
 :<:', (Signed), Jas. McDouoall. - 
 
 (Signed), W. A. Warrkn. 
 
 (Signed), John RicHAhDsoN, [l.s.] 
 
 ,. . - Warden. 
 
 i .. ' . : . Geo. Eakin, 
 
 Clerk. 
 (Signed), Ch as. D. Warren, [ls.] 
 
 ,; President. 
 
 This indenture, made the twenty- eighth day of June, one 
 
 thousand eight hundred and eighty-nine, between the 
 
 corporation of the county of York, hereinafter called 
 
 ,, ■ "the county "of the first part, and the Metropolitan Street 
 
 • Railway Company of Toronto, hereinafter called " the 
 
 ■ company " of the second part. 
 
fTTREET RAILWAYN. 
 
 S09 
 
 Wherea8 by indenture hearing «lato the twenty-fifth ilay 
 of June, one tlv Mnd eight hundred and eiglity-four, the 
 municipal council of the c«>unty of York, did grunt por- 
 iniitsion to the company to couHtruct, maintain, complete 
 and operate and from time to time remove and repair, an 
 iron or nteol rail or trnmway upon and along that portion 
 of Yonge street described in the Haid indenture upon the 
 termH, conditions, covenants, provisos and stipulations con- 
 tained and set forth in the said indenture. 
 
 And whereas under the provisions of the snid agree- 
 ment, the company constructed and has operated the said 
 rail or tramway. 
 
 And whereas by indenture bearing date the twentieth 
 day of January, one thousand eight nundred and eighty- 
 six, made between the corporation of the county of York 
 aforesaid of the Hrst part, and the company aforesaid of 
 the second part, the county did grant permission to the 
 company, and the company was aut'iorized by the county 
 to construct, maintain, complete and operate fiom time to 
 time, remove and repair an extension of their said rail or 
 tramway upon and along that portion of Yonge street, 
 mentioned and described in the said last mentioned inden- 
 ture upon the terms and conditions, p' )visos and stipula- 
 tions contained and set forth in the siiid last mentioned 
 indenture. 
 
 And whereas under the provisions of the said last men- 
 tioned indenture, the company has constructed and oper- 
 ated the said rail or tramway as extended under the pro- 
 visions of the said last mentioned indenture. 
 
 And whereas divers inhabitants of the county of York, 
 have petitioned that the said company may be permitted to 
 operate the said rail or tramway by cable or by electricity 
 in addition to the power they already have and the said 
 company have also petitioned for the right so to operate the 
 said rail or tramway, and for other privileges. 
 
 And whereas by by-law of the corporation of the county 
 of York passed on the twenty -second day of June, 1889, 
 the council of the said county, enacted that the agreements 
 aforesaid should be amended so as to provide that the com- 
 pany may operate their said rail or tramway by cable or by 
 electricity in addition to the power they already have of 
 operating the same by horse power, and that an agreement 
 should be prepared, so amending the said recited agree- 
 ment, subject to such restrictions, conditions and provisions 
 and with such amendments as the special committee named 
 therein might approve of, and that upon such approval by 
 the said committee, the said agreement should be executed 
 on behalf of the corporation. 
 
 And whereas the said special committee have approved 
 of the restrictions, conditions and amendments hereinaf ier 
 set forth. : 
 
 64 ■ 
 
 5S| "I 
 
 II 
 
 1 -ii 
 
 i 
 
 Ml :f3 
 
 [| 
 
^TT 
 
 l|i.ii(WH!H||ilialH.J. 
 
 506 • STUBBT RAILWAYS. 
 
 Now this indentnre witnesseth that the county and the 
 company have covenanted and agreed each with the other 
 of them that the agreements heretofore entered into be- 
 tween the county and the company as set forth in the 
 hereinbefore in part recited indenture shall be and are 
 hereby amended as follows : — 
 
 1. That the company, their successors and aasigns may 
 operate their said rail or tramway by cable or cables, or by 
 electricity, in addition to the power they already have of 
 operating the same by horae power and for that purpose 
 may lay down such cable or cables, conduit or conduits, 
 upor and along such portions of Yonge street aforesaid, as 
 are or may be occupied by them by their said rail or tram- 
 way and make the necessary culverts, switches, or turn- 
 
 ^f' outs in connection with the same, and do and perform such 
 other work upon the said portions of the said street, as 
 may be necessary for the purpose of laying such cable or 
 cables, conduit or conduits, and may erect sach poles along 
 the westerly side of Yonge street aforesaid, west of the 
 road bed as may be necessary for maintaining wires and 
 
 ■^ appliances necessary for working their said rail or tramway 
 
 by electricity, as well as at such points on the easterly side 
 of Yonge street, lying to the east of the road-bed as may 
 be approved of by the county engineer or by the county 
 commissioners of the county, regard being had to the intei- 
 
 r ests of the public travelling along Yonge street and so as 
 
 v' not to obstruct or interfere with the ditches — but no 
 wires are to be maintained less than fourteen feet from the 
 ground. 
 
 2. The company may alter the location of or extend the 
 existing culverts, switches or turn-outs as may be found 
 necessary from time to time, for the efficient and economi- 
 cal working of their said rail or tramway, provided always 
 that in case the council of the corporation of the county 
 of York or the county commissioners of the said county 
 shall prefer having a double track along the whole length 
 of the rail or tramway instead of increasing the number of 
 the swithes or turnouts already authorized, the company 
 shall in such case lay down a double track along the whole 
 length of the said rail or tramway. 
 
 3. All work done under the authority of this agreement 
 ■shall be done in the most substantial manner and according 
 to the best modern practice under the superintendence of 
 the county engineer, and to the satisfaction of the council 
 of the corporation of the county of York or of the county 
 commissioners of the said county. 
 
 4. In case the electric motor or cars used by the com- 
 pany in operating their said road, whilst passing along the 
 rail or tramway shall cause alarm to any horses travelling 
 or being upon Yonge street with vehicles or otherwise, the 
 
STREKT RAILWAYS. 
 
 motors or cars of the company shall if necessary be stopped, 
 to enable the hoi'ses so alarmed, to pass the said motors or 
 cars without accident or injury, and if necessary the ser- 
 vants of the company in charge of the motors or cars afore- 
 said shall assist tne person or persons riding or driving or 
 in charge of the horse or horses that may be alarmed as 
 aforesaid, so as to prevent accident or injury to the person 
 or persons, horse or horses, vehicles or other property of 
 persons travelling, using or upon Yonge street aforesaid. 
 
 5. So far as safely can be done without causing alarm or 
 injury to horses or vehicles on or upon Yonge street afore- 
 said the speed of the cars may be increased not however 
 to exceed at any time twelve miles per hour. 
 
 6. Upon the expiration of the privilege and franchise 
 granted by the agreement contained in the hereinbefore in 
 part recited indentures respectively the company fihall be 
 entitled to a renewal of the same, and upon the expiration 
 of such renewed term to further renewals thereof upon 
 such terms and subject to such conditions, covenants, pro- 
 visos and stipulations as may be agreed upon between the 
 county and their successors on the one part and the com- 
 pany their successors and assigns on the other part, and in 
 case the said parties are unable to agree, then upon such 
 terms, conditions, covenants, provisos and stipulations as 
 may from time to time on each such renewal be deter- 
 mined upon by arbitrator to be appointed under the pro- 
 visions of The Municipal Act, provided, however, that at 
 the expiration of the existing privilege and franchise 
 granted as aforesaid by the agreements contained in the 
 hereinbefore in part recited indentures respectively the 
 county may upon giving notice in writing of their inten- 
 tion to the company twelve months prior to the expiration 
 of the said existing privilege and franchise assume the 
 ownership of the rail and tramways, and all real and per- 
 sonal property in connection with the working thereof on 
 payment of the value of the same to be determined by 
 arbitration. 
 
 7. In case the said company shall use their said rail or 
 tramway for the conveyance of freight, goods or merchan- 
 dise the rate charged therefor shall from time to time be 
 agreed upon by and between the council of the county or 
 the county commissioners of the county of York on the 
 one part, and the company on the other part, and in case 
 difference shall arise in settling or fixing upon the rates to 
 be charged &s aforesaid, then the same shall be submitted 
 to the Lieutenant-Governor in Council who shall there- 
 upon determine, settle and approve of the rates to be 
 charged by the company as aforesaid, and all rates that may 
 be charged as aforesaid, whether agreed upon in the manner 
 aforesaid or otherwise settled shall be subject to the revi- 
 sion of the Lieutenant-Qovemor in Council from time to 
 
 507 
 
 
508 STREET RAILWAYS. 
 
 time and the directors of the company shall from time to 
 time priift and stick up v.v cause to be printed and stuck 
 up in the office and in all and every of the places whei-e 
 the rales aforesaid are to be collected, a painted or printed 
 board or paper exhibiting all the rates chargeable by the 
 compan}' for the carriage of freight, goods or merchandise, 
 or of any matter or thing. NotwithstAuding anything 
 herein contained in the twelfth clauses of the two herein- 
 before mentioned indentures, the company shall have the 
 right to remove the snow from and within their tracks and 
 switches, provided that any snow put upon the graded part 
 of the road by the company shall be so levelled or graded 
 Oi^ not to impede or interfere with travel upon said road and 
 it shall in all cases be done to the satisfaction of the county 
 engineer and in case the snow to be removed from and 
 within the said tracks shall exceed the amount that can 
 be deposited or placed on the road without impeding or 
 interrering with travel on the said road, such excess shall 
 be disposed of in a manner to be approved of or under the 
 direction of the county engineer. 
 
 8. All the provisions of the agreements contained in the 
 indentures hereinbefoi-e in part recited so far as applicable 
 * to the work to be done or to the working of the road c^ 
 otherwise under this agreement shall be read as if the same 
 were incorporated in this agreement, and they shall be 
 v' applicable to the various provisions of this agreement as if 
 
 set forth in the several provisions of this agreement. 
 
 In witness whereof the said county have set their cor- 
 porate seal to be hereunto affixed and the warden and clerk 
 thereof have set their respective hands and the said com- 
 pany have caused their corporate seal to be hereunto affixed 
 and the president thereof has set his hand the day and year 
 firat above written. 
 
 Signed, sealed and delivered in the presence of 
 
 (Signed), John A. Ramsden, 
 
 Warden. [L.S.] 
 
 , Geo. Eakin, 
 
 Clerk. [L.S.] 
 
 (Signed), Chas. D. Warren, 
 
 President [l.s.] 
 The Metropolitan 
 
 Street Railway Company of Toronto. 
 
 This agreement made in duplicate this seventeenth day of 
 December, A.D., 1889, between the corporation of the 
 county of York", hereinafter called " the county," of the 
 first part, and the Metropolitan Street Railway Company 
 of Toronto, hereinafter called " the company," of the 
 second part. 
 
STREET RAILWATa 
 
 Whereas under and by virtue of the provisions c/ a cer- 
 tain agreement between the municipal council of the county 
 of York, and The Metropolitan Street Railway Company of 
 Toronto, dated the 25th day of June, A.D., 1884. the said 
 company has built and operated a certain rail or tramway 
 upon, and along the road belonging to the county known as 
 Yonge street. 
 
 And whereas under and by virtue of a certain other 
 agreement between the same parties, dated the twentieth 
 day of January, 1886, the said company built and operated 
 an extension of their said rail or tramway. 
 
 And whereas, under and by virtue of a certain other 
 agreement dated the twenty-eighth day of June, 1889, the 
 hereinbefore recited agreements of the twenty-fifth day of 
 June, 1884, and of the twentieth day of Januaiy, 1886, 
 were amended and varied so as to permit the said company 
 to operate their said rail or tramway by cable or cables or 
 by electricity, in addition to the privilege they theretofore 
 had to operate the same by horse power, and for that pur- 
 pose were authorized to lay down such cable or cables, 
 conduit or conduits upon, and along such portions of Yonge 
 street aforesaid, as might be occupied by them by their said 
 tram or milway, such additional powe»"s being given subject 
 expressly to conditions and provisos mentioned in the 
 snid agreement of the twenty-eighth day of June, 1889. 
 
 And whereas.in the said last recited agreement insufficient 
 provision was made tor the building of turnouts or switches 
 and the parties hereto have agreed for the pui-pase of making 
 such provision as hereinafter set forth. 
 
 Now therefore this agreement witnesseth that in consid- 
 eration of the premises that the county and com|mny have 
 covenanted and agreed each with the other of them that in 
 addition to the powers and privileges granted to the com- 
 pany in the said agreement of the twenty-eighth day of 
 June, 1889, the said company shall have the power to build 
 switches or turnouts for their said rail or tramwjiy as follows, 
 that is to say : One switch or turnout for the purpose of 
 leading to and from their said rail or tramway to the power 
 house of the said company, and one switch or turnout lead- 
 ing from their said rail or tramway to any one of the cross 
 streets leading into or from Yonge street aforesaid. 
 
 Provided always that the power hereby given to make 
 and operate the said switches or turnouts is to be taken as 
 if it formed a part of and were incorporated in the herein- 
 before recited agreement of the twenty-eighth day of June, 
 1889, and all the conditions, provisos and stipulations of that 
 agreement, bimling upon the said company, are to apply to 
 the power and privilege hereby given, as if the said power 
 amd |)ri vilege were given in the said agreementof the twenty- 
 eighth day of June, 1889. 
 
 509 
 
510 
 
 STREET RAILWATa 
 
 In witness whereof the parties hereto have hereunto set 
 their hands and seals this 17th day of December, A.D., 1889. 
 
 Signed, sealed and delivered in the presence of 
 
 (Signed), John A. Ramsden, 
 
 Warden. 
 
 [L.8.] 
 
 Geo. Eakin. 
 
 (Signed), Chas. D. Waruen, 
 
 President. [L.S.] 
 Metropolitan Street ItailvKiy Co. 
 
 This indenture, made in duplicate the twentieth day of 
 October, one thousand eight hundred and ninety, be- 
 tween the corporation of the county of York, herein- 
 after called "the county," of the fiiBt part, and the 
 Metropolitan Street Railway Company of Toronto, 
 hereinafter called " the company," of the second part. 
 
 Whereas, by indenture bearing date the twenty-fifth 
 day of June, one thousand eight hundred and eighty-four, 
 the municipal council of the county of York did grant 
 [)ermission to- the company to construct and maintain, 
 complete and operate, and from time to time to remove 
 and repair an iron or steel i*ail track or tramway in or 
 upon and along that portion of Yonge street lying be- 
 tween the then northera limit of the city of Toronto and 
 the centre of the front of the town hall of the township 
 of York at Eglington, upon the terms and conditions 
 therein set forth. ' 
 
 And whereas, such rail or tramway has been constructed 
 and operated by the said company. 
 
 And whereas, by indenture bearing date the twenty- 
 fifth day of January, one thousand eight hundred and 
 eighty-six, the corporation of the county of York did 
 authorize an extension of the said railway track or tram- 
 way by the said company along that portion of Yonge 
 street lying between the then northern terminus of their 
 said rail track or tramway to a point not exceeding three 
 hundred 3'ards north of the Methodist church on the east 
 side of Yonge street aforesaid, upon the terms and con- 
 ditions therein set forth. 
 
 And whereas such extension of the said rail or tramway 
 has been constructed and operated by the company. 
 
 And whereas, under and by virtue of a certain agree- 
 ment dated the twenty-eighth day of June, one thousand 
 eight hundred and eighty-nine, the hereinbefore recited 
 agreements were amended and varied so as to permit the 
 said company to operate their said rail or tramway by 
 
STRKBT RAILWAYS. 
 
 cable or cables, or by electricity, in addition to the privi- 
 lege they theretofore had of operating the same by horse- 
 power, and for that purpose the said company was autho- 
 rized to lay down such cable or cables, conduit or con- 
 duits, upon and along such portions of Yonge street afore- 
 .said as might be occupied by them b}' their said rail or 
 tramway, and to do and perform such other work as they 
 miffht find necessavy for the purpose of working their sud 
 i-ail or tramway by cable or electricity, such additional 
 powers being given subject expressly to the conditions and 
 provisos mentioned in the said agreement of the twenty- 
 eighth day of June, one thousand eight hundred and 
 eighty-nine. 
 
 And whereas, the work authorized in and by the 
 hereinbefore last recited agreement has been done, and the 
 sjiid rail or tramway is now being operated by electricity. 
 
 And whereas, the hereinbefore recited agreements were 
 further varied and amended by an agreement bearing 
 date the seventeenth day of December, one thousand 
 eight hundred and eighty-nine. 
 
 And whereas, the company has applied to the council of 
 the county aforesaid to authorize a further extension of 
 their rail track or tramway from the present northerly 
 limit of said rail or tramway to the top of York Mills hill 
 on Yonge street aforesaid. ' 
 
 And whereas, the council of the said county have, under 
 the provisions of by-law No. 583 of the corporation of the 
 county of York, authorized an extension of the said 
 railway and track for the distance applied for. 
 
 Now this indenture witnesseth, that in consideration of 
 the premises the parties of the first part do hereby grant 
 to the Metropolitan Street Railway Company of Toronto, 
 their successors and assigns, the rights and privileges 
 hereinafter set forth. (1) That the company, their suc- 
 sessors and assigns, be and are hereby permitted without 
 let or hindrance from the county, their successors or 
 assigns, to construct, maintain, complete and operate, and 
 from time to time remove and repair an iron or steel 
 railway track or tramway, or electrical railway, an ex- 
 tension of their now existing railway track or tramway 
 (with the necessary culverts, turnouts and switches, such 
 turn-outs and switches upon the extension, herein autho- 
 rized not to exceed two in number, and not to be more 
 than one hundred feet in length, clear of curves for each 
 switch or turnout forthe purpose of cars, carriages and other 
 vehicles adapted to the same, in, upon and along that por- 
 tion of Yonge street lying between the present northern 
 terminus of their said railway track or tramway to the 
 top of the hill known as YorL: Mills hill on Yonge street 
 afoi-esaid, also the exclusive right and privilege of con- 
 
 511 
 
512 STREET RAILWAYS. 
 
 struciing such iron or steel railway track dr tramway or 
 electrical railway upon and over that portion of Yonge 
 street extending from the northern terminus of the present 
 track to the top of York Mills hill in addition to the 
 exclusive right and privilege heretofore granted over or in 
 respect of that part of Yonge street running southerly 
 from the said northern terminus to the northern limit of 
 the city of Toronto, also the exclusive right to operate the 
 extension of their said rail or tramway by cable or cables 
 or by electricity or by horse-power, and for that purpose 
 may lay down such cable or cables, conduit or conduits, 
 upon and along such portion of Yonge street aforesaid as 
 is covered by this agreement and all former agreements 
 between the county and company, and to make the 
 necessary culverts, switches and turnouts in connection 
 with the same, and to do and perform such other work 
 ' upon th/esaid portions of the said street as may be neces- 
 sary for the purpose of laying such cable or cables, conduit 
 or conduits, Jind may erect such poles along the westerly 
 side of Yonge street aforesaid, west of the road-bed as may 
 be necessary for working their said rail or tramway by 
 electricity, as well as at such points on the easterly side of 
 Yonge street lying to the east of the road-bed as may be 
 approved of by the county engineer for the time beinjg, 
 regard being had to the interest of the public travelling 
 along Yonge street so as not to obstruct or interfere with 
 ;• the ditches, but no wires are to be maintained less than 
 
 fourteen feet from the ground. 
 
 ^ Provided always, and it is hereby expressly declared, 
 
 that the rights and privileges herein granted are subject to 
 the following conditions and provisos : — 
 
 .. 1. That the survey and the plans for extension shall be 
 
 prepared by the county engineer at the expense of the com- 
 pany, and approved by the warden and commissioners, and 
 upon such approval the work may forthwith be proceeded 
 with. 
 
 ' 2. That the company constructs and opens for travel the 
 
 said extension of the said line of rail or tramway on or 
 before the eighteenth day of June, eighteen hundred and 
 ninety -three, and in default thereof the company shall for- 
 feit all the rights, privileges and advantages granted by 
 this agreement or acquired thereunder, and shall be in 
 the same position as if this agreement had not been made> 
 but such default shall not in any way affect or prejudice 
 the existing rights of the company under the other agree- 
 ments between the county and the company. 
 
 And it is herebj' expressly agreed and understood by 
 and between the parties hereto that this agreement is to 
 be taken and read as if all the rights and privileges now 
 in force heretofore granted by the said county to the said 
 company in respect of other portions of the said rail or 
 
 ■'^'•>'.. -,...■' 
 
STREET RAILWAT& 
 
 tramway or electrical railway were specifically herein 
 granted to the company in respect to the extension herein 
 authorized, and that all the coven aittu and provisos con- 
 tained in any and all of tue hereinbefore i*ecitea agreements 
 shall in so far as applicable to the extension herein author- 
 ized be taken if they were included in and formed a part 
 of this agreement, it being the intention that all such 
 covenahts and provisos contained in such other agreements 
 shall in so far as applicable apply to the extension herein 
 authorized. 
 
 In witness whereof the said corporation of the county 
 of York have caused their coi*porate seal to be hereunto 
 affixed, and the warden and the clerk thereof have set their 
 respective hands, and the said Metropolitan Street Railway 
 Company of Toronto have caused their corporate seal to be 
 hereunto affixed, and the president thereof has set his hand 
 the day and year first above written. 
 
 Signed, sealed and delivered in presence of 
 
 J. D. Evans, Warden. [l.s.] 
 
 Geo. Eakin, C/firfc. 
 
 Chas. D. Warren, President. [l.s.] 
 
 513 
 
 This indenture, made in duplicate this second day of March, 
 A.D. 1891, between the municipal corporation of the 
 county of York, hereinafter called " the county," of the 
 first part, and the Metropolitan Street Railway Com- 
 pany of Toronto hereinafter called " the company," of the 
 second part. 
 
 Whereas under and by virtue of a cei-tain indenture, 
 dated the 25th day of June, A.D. 1884, made between the 
 municipal council of the county of York, of the first part, 
 and the said the Metropolitan Street Railway Company of 
 the said second part, the said company subject to the various 
 piovisos and conditions therein set forth, obtained permis- 
 sion without let or hindrance from the said county, their 
 successors or assigns, to construct, maintain, complete and 
 ope* ate, and from time to time remove and repair the iron 
 UP steel .street rail track or tramway, in, upon and along that 
 
 f>ortion of Yonge street lying between the then northern 
 imit of the city of Toronto, and the centre of the front of 
 the town hall of the township of York at Eglington, and 
 obtained the exclusive right and privilege to construct and 
 operate the said iron or steel rail track or tramway in and 
 upon the said portion of Yonge street extending as afore- 
 said frotn the then northern limit of the said city of 
 Toronto, to the said centre of the front of the town hall of 
 the township of York at Eglington as aforesaid, subject- 
 65 ^ 
 
514 
 
 STItEBT RAILWAYa 
 
 always to the observance and fulfilment of the conditions 
 and agreements therein contained. 
 
 And whereas, under and by virtue of the terms of a cer- 
 tain other agreement dated the twentieth day of January, 
 A.D. 1886, and made between the same parties, the said 
 company, subject to the provisos and conditions therein 
 set forth, obtained the like permission and the like exclu- 
 sive right and privilege upon an additional portion of 
 Yonge street, namely : over that portion lying between the 
 then northern terminus of the said railway track or tram- 
 way and a point about three-quarters of a mile further 
 north on Yonge street aforesaid, not exceeding three hun- 
 dred yards north of the Methodist church on the east side 
 of Yonge street. 
 
 And whereas, the said railway track or tramway, has 
 been constructed in accordance with the provisions and 
 requirements of the said recited agreements, and has for 
 soma timp bef " in operation upon those portions of Yonge 
 street af resai 1, along and over which thj said company 
 had obtained the permission and the right and privilege 
 aforesaid. 
 
 And whereas, under and by virtue of the terms of a c^i- 
 tain other agreement, dated the twenty-eighth day of June, 
 A.D. 1889, the said company, their successors and assigns, 
 were authorized by the said county to operate the said 
 railway or tramway, so in operation as aforesaid, by cable 
 or cables, or by electricity, in addition to the authority 
 which they theretofore had of operating the same by hoi-se 
 power, and for that purpose were authorized to lay down 
 such cable or cables, conduit or conduits, upon and along 
 those portions of Yonge street aforesaid, in respect of 
 which the said permission and exclusive right and privi- 
 lege aforesaid had been granted, and with such object in 
 view were authorized, as therein particularly set forth, to 
 do such work upon the said portions of Yonge street as they 
 might find necessary for the purpose of working their said 
 railway or tramway by cable or electricity. 
 
 And whereas the work authorized in and by the herein- 
 before last recited agreement has been done, and the said 
 railway or tramway is now being operated by electricity. 
 
 And whereas in order to the more eflficient working of 
 the same, the said company are desirous of changing the 
 ^auge of their said railway either now constructed or that 
 may hereafter be constructed under any by-laws of the 
 <50unty, or permission of the council of the said corpora- 
 tion, and of using a different rail upon the same. 
 
 And whereas it is expedient in the public interest that 
 the said railway or tramway should be rendered as efficient 
 «s possible, and with that object in view, the county have 
 
STREET RAILWAYS. 
 
 M 
 
 passed a by-law being by-law No. 591 of the said county, 
 authorizing the said changes as hereinafter set forth. 
 
 Now therefore this indenture witnesseth, that in con- 
 sideration of the premises, the municipal corporation of 
 the county of York doth hereby grant to The Metropolitan 
 Street Railway Company of Toronto, thoir successors and 
 assigns, the rights and privileges hereinafter set forth. 
 
 1. The right at any time hereafter to change the gauge 
 upon the system of railway now constructed or that may 
 be hereafter constructed by the said company under any 
 authority of the council of the sam county of York, from 
 the now or then existing gauge to the standard railway 
 gauge, being four feet eight and one-half inches or to such 
 gauge as may hereafter be adopted as a standard electrical 
 railway gauge, or to such gauge as may be in use upon the 
 street railways or tramways in the city of Toronto, in the 
 discretion of the coirpany, also the right to change the 
 rail now in use by the said company on their said railway 
 or tramway or that may be in use upon any railway or 
 tramway hereinafter constructed by the said company 
 under or in pursuance of any by-laws of the county, or 
 requirement of the council of the said county, for what is 
 known as " the standard centre bearing T rail," 
 
 And this indenture further witnesseth that the said 
 parties of the first and second parts have covenanted and 
 agreed and by these presents do covenant and agree each 
 with the other of tb^m as follows : — 
 
 • 1. All works necessary for changing the said gauge and 
 laying down the new rail hereby authorized to be substi- 
 tuted as aforesaid, shall be made in a substantial manner, 
 according to the best modern practice, under the super- 
 vision and to the satisfaction of the county engineer for 
 the time being. 
 
 2. The said standard centre bearing T rail, whether on 
 that portion of the said railway or tramway now con- 
 structed or on any portion of the same that uiay hereafter 
 be constructed shall be located on the west side of the said 
 street between the macadam or gravel and the ditch or 
 watercourse, and the said The Metropolitan Street Railway 
 (Jompany of Toronto, for themselves, their successors or 
 assigns, shall at all times during their occupancy of the 
 said railway or tramway or electrical railway, properly 
 macadam or othei'wise properly construct the road lying 
 between the said vails, and a distance of eighteen inches 
 on the outside of the rail lying next to the centre of the 
 roadway, and shall at all times keep in repair the said por- 
 tion of said roadway, either by macadam or such material 
 as the balance of the roadway upon which the railway is 
 not situate is now or hereafter may be made, all the .'aid 
 work to be done under the direction and control of the 
 
 «4^ 
 
81(1 STRIR BA1LWAT8. ^ 
 
 enrineer of the county of York for the time being, and 
 such macadam or other material to be made flush as nearly 
 as practicable and to the satisfaction of the said county 
 engineer for the time being, with the top of the rails of 
 the said railwi^, and kept in such a manner durinsr the 
 occupancy by the said company of the said railway. Where 
 found necessary at crossings or places of business, the com- 
 
 awill on request of the county engineer, put down 
 ir planks. 
 
 In witness whereof the said corporation of the county 
 of York, have caused their corporate seal to be hereunto 
 affixed, and the v^arden and clerk thereof have set their 
 i-espective hands, and the said The Metropolitan Street 
 Railway Compaiiy of Toronto have caused their corporate 
 seal to be hereunto affixed, and the president thereof has 
 set his hand the day and year first above written. 
 
 Signed, sealed and delivered in the presence of 
 
 Wm. H. Pugsley, Warden. 
 
 Geo. Eakin, Clerk [l. y,] 
 
 Ghas. D. Warken, President, [l. s,] 
 
 56 V. c. 94, Sched. A. j 
 
 SCHEDULE " B." 
 
 (Section 3.) 
 No. 592. 
 
 A by-law to authorize and empower The Metropolitan 
 Street Railway Company to extend their line of railway 
 from their present northerly limit to the village of Rich- 
 mond Hill. 
 
 Whereas by agreements made between this county and 
 the Metropolitan Street Railway Company on the twenty- 
 fifth day of June, 1884 ; the twentieth day of January, 
 1886 ; the twenty eighth day of June, 1889, and the seven- 
 teenth day of December, 1889, respectively. The Metro- 
 politan Street Railway Company has power and authority to 
 operate their street railway on Yonge street, between the 
 northerly limits of Toronto and the top of York Mills' hill. 
 
 Ajid whereas divers ratepayers of the county are desirous 
 of having the company extend their street railway north to 
 the village of Richmond Hill. 
 
 And whereas it is deemed advisable and in the public 
 interest to allow the said extension. 
 
 Be it therefore enacted by the municipal council of the 
 corporation of the county of York ; 
 
HTREKT RAILWAYS. 
 
 1st That The Metropolitan Street Railway Company bo 
 nnd the Hame is hereby authorized and empowered to extend 
 and operate thoir street railway by electric or cable power 
 or horse power from the present northerly limit of saiu road 
 on Yonge street to the village of Richmond Hill, under the 
 conditions of the agreement hereinafter referred to being 
 carried into effect. 
 
 2nd. That an agreement be prepared to amend the agree- 
 ment of this county with the company, nllowing said com- 
 pany to extend their street railway to a puint indicated in 
 clause 1 of this by-law, subject to such restrictions, condi- 
 tions and provisions as the warden and Messrs. Richardson, 
 Woodcock, Forster, Pugsley, Russell and Humberstone may 
 approve of, and that upon such approval the said agreement 
 shall be executed on behalf of tins corporation. 
 
 3rd. It is further enacted that the company shall be 
 allowed *he term of two years from the 18th of «fune, 1891, 
 to complete and equip the road over the entire extension, 
 and in case the said com|)any neglect or refuse to so complete 
 the road within the specified time the said company shall 
 forfeit the franchise hereby granted, and the agreement 
 shall become null and void. 
 
 51T 
 
 Passed November 22nd, 1889. 
 
 Georob Eakin, 
 
 Clerk. 
 
 J. D. Evans, (■ — ' — «^ 
 
 Warden. | S^-^i. | 
 
 66 V. c. 94, Sched. B. 
 
 \ I 
 
 5. TORONTO AND SOABBORO' ELEOTBIO RAILWAY, 
 LIGHT AND POWER OOMPANT (LIMITED.) 
 
 56 Viot. o. 102 (Ont.) 
 
 An Act respecting The Toronto and Scarboro' 
 Electric Railway, Light and Pow^er Company 
 (Limited). 
 
 'K^^.- ■ ■ V' [Assented to ^Ith May, U^^.l 
 
 WHEREAS a petition has been presented by The Toronto Preamble, 
 and Scarboro' Electric Railway, Light and Power 
 Company (limited), praying that an Act may be passed con- 
 firming four certain municipal by-laws and four certain 
 indentures mentioned in schedule "A" to this Act and 
 also granting certain additional powers to the said com- 
 pany ; and whereas it is expedient to grant the prayer of .• > 
 the said petition : 
 
 11 
 
AlH 
 
 MTREETH. 
 
 Therefore Her MajcHiy by and with the ndvice and con> 
 Bent of the LrgiHlative ANHemMy of the Province of Ontario 
 enacts as followH : — 
 
 By-Uwi nnil 
 
 ■gTMinenti 
 
 oonflrmeil. 
 
 1. The several by-laws and agreements mentioned in the 
 schedule " A " to this Act are hereby rntitied and contirmod 
 and declared to be within the powers of the parties thereto, 
 and to be valid and binding tor all purposes whatsoever ; 
 provided always, that as to so much of the Kingston road 
 as lies and is situate within the present limits of the city 
 of Toronto, the said by-law of the county of York and the 
 said agreement between the corporation of the snid county 
 and the company are ratified and confirmed nnd declared 
 to be binding as aforesaid, only so far as to give to the 
 company all rights and powers which the county possessed 
 and purported to give, over the said portion of saicl road. ([/) 
 56 V. c. 102, s. 1. 
 
 Dsementa ^ '''• Subject to the terms, conditions and provisions of the 
 I The said by-laws and agreements referred to in sjiid schedule 
 
 way Com 
 
 p»y 
 
 Knniiing 
 
 with The said by-laws and agreements 
 
 Toronto Rail- " A," the said company shall have power to agree for con- 
 ,. nections and making running arrangements with Thd 
 
 Toronto Railway Company upon tenns to be opproved of 
 by two-thirds in value of the shareholders of the first above 
 mentioned company at a special general meeting to be 
 called for the purpose of considering the same ; novided 
 always that nothing in this Act contained shall be held or 
 construed as giving to or conferring upon The Toronto 
 Railway Company any right, power or authority whatso- 
 ever, and that all rights, powers, privileges and authorities 
 of the said The Toronto Railway Company shall to all 
 intents and for all purposes be nnd remain as if this Act 
 had not been passed. 56 V. c. 102, s. 17 
 
 I 1 ■ . . 
 
 ./ STREETS. 
 
 See Roads and Streets. 
 
 {g) There are no agreements between the city and this railway com- 
 pany as to the portion of the Kingston road (about 200 feet) lying within 
 the city, occupied by the company. 
 
TELEPHONE. 
 
 TAXB8. 
 
 See A8HI£S8MBNTH. 
 
 519 
 
 TBLBPHONB. 
 48 Vict. 0. ©7 (Dom.) 
 
 An Act to incoi'porate tlie Boll Telephone Com- 
 pany of Canada. 
 
 [Aaamted to 29th Api^il, 1880.] 
 
 The said company may construct, erect and maintain Construction 
 - - - - and mainte- 
 
 nance of line. 
 
 8. , --, , , ^ 
 
 its line or lines of telephone along the sides of and across *" '"*""** 
 or under any public highways, streets, bridges, water- 
 courses or other such places, or across or under any navi- 
 gable waters, either wnolly in Canada or dividing Canada 
 from any other country, provided the said company shall 
 not interfere with the public right of travelling on or using 
 such highways, streets, bridges, watercourses or navigable 
 waters ; and provided that in cities, towns and incorpora- 
 ted villages the company shall not erect any pole higher Proviso : 
 than forty feet above the surface of the street, nor affix any hejght of 
 wire less than twenty-two feet above the surface of the ^ *'' ^^ 
 street, nor carry more than one line of poles along any 
 street without the consent of the municipal council having 
 jurisdiction over the streets of the said city, town or 
 village, and that in any city, town or incorporated village, 
 the poles shall be as nearly as possible straight and per- 
 pendicular, and shall, in cities, be painted if so required by 
 any by-law of the council ; and provided further, that 
 where lines of telegraph are already constructed, no poles 
 shall be erected by the company in any city, town or in- 
 corporated village along the same side of the street where 
 such poles are already erected, unless with the consent of 
 the council having jurisdiction over the streets of such 
 city, town or incorporated village ; Provided also, that in Proviso : 
 so doing the said company shall not cut down or mutilate *° *'^®®'" 
 any tree ; And provided that in cities, towns and in- 
 corporated villages, the opening up of the street for the 
 erection of poles or for carrying the wires under ground 
 shall be done under the direction and supervision of the 
 engineer or such other otiicer as the council may appoint, 
 and in such manner as the council may direct, and that the 
 
Proviao: m 
 to future 
 legislation. 
 
 ^20 TELEPHONE. 
 
 surface of the Htreet slmll, in all cases, be restored to its 
 former condition by and at the expense of the company : 
 Provided also, that no Act of Parliament requiring the 
 company (in case efficient means are devised for carrying 
 telephone wires under ground) to adopt such means, and 
 abrogating the right given by this section, to continue car- 
 rying lines on poles through cities, towns or incorporated 
 villages, shall be deemed an infringement of the privileges 
 granted by this Act ; and provided further that whenever 
 in case of fire it becomes necessary for its extinction or the 
 wins in case preservation of property that the telephone wires should 
 *' ""• be cut, the cutting under such circumstances of any of the 
 
 wires of the company under the direction of the chief 
 engineer or other officer in charge of the fire brigade, shall 
 ./ not entitle the company to demand or claim compensation 
 for any damages that might be so incurred. 43 V. c. 67, 
 8. 3. 
 
 Proviso: 
 to cutting 
 
 Injury of 26. Any person who shall wilfully or maliciously injure, 
 
 to1l^a*mU^'* ™°^®^*' ^^ destroy any of the lines, posts or other material 
 
 demeanour. ©^ property of the company, or in any way wilfilly obstruct 
 
 or interfere with the working of the said telephone linos, 
 
 or intercept any message transmitted thereon, shall bd 
 
 guilty of a misdemeanour. 43 V. c. 67, s. 25, 
 
 45 Vict. 0. 71 (Ont.) 
 
 An Act to confer certain powers upon the Bell 
 Telephone Company of Canada. 
 
 \A8sevted to Idth March, 1882,] 
 
 Preamble. TI7HEREAS the Bell Telephone Company of Canada 
 TT has, by its petition, represented that it was incorpo- 
 rated by an Act of the Parliamont of Canada passed in the 
 forty-third year of Her Majesty's reign, chapter sixty-seven, 
 and certain powers were conferred on the said corporation 
 by the said Act; that under the authority thereof it has 
 acquired the rights, business, and goodwill of divers local 
 telephone companies in this Province, and has constructed 
 . and erected and is now working telephone lines, and 
 
 carrying on telephone operations in divers cities, towns 
 and villages and othei places in this Province; and that 
 doubts have arisen as to the powers of the said company 
 under 'jhe said Act, in regard to those portions of its work 
 and undertaking which are local and do not extend bej'ond 
 the limits of tTiis Province; and the said con»pany has 
 prayed that the necessary powers be conferred on it by 
 
TELEPHONE. 
 
 6U 
 
 the legislature of this Province ; and wherens it is expe- 
 dient to grtint the prayer uf the said petition ; 
 
 Therefore Her Majest}', by and with the advice and 
 consent of the Legislative Assembly of the. Province of 
 Ontario, enacts as follows : — 
 
 1. It shall be lawful for the company incorporated by Company 
 chapter sixty-seven of the Statutes of Canada passed in*"*^"""* *<> 
 the forty-third year of Her Majesty's reign, known by the^^e„j,e„in 
 name of "The Bell Telephone Company of Canada," to mentioned, 
 exercise within the Province of Ontario the powers herein- ^ 
 after mentioned. 4.5 V. c. 71, s. 1. 
 
 2. The Bell Telephone Company of Canada may con- couatruoUon 
 struct, erect, and maintain its line or lines of telephone and mainten- 
 along the sides of , and across or under, any public high-*"*^"**™*' 
 ways, streets, bridges, water-courses, or other such places: 
 Provided the said company shall not interfere witli the proviso, 
 public right of travelling on or using sueh highways, 
 streets, bridges or water-courses, and provided that in 
 
 lid pi 
 
 3S, tl« 
 
 cities, towns and incorporated villages, tlie company shall 
 not erect any pole higher than forty feet above the surface ijgj^i,^ ^^j 
 of the street, nor affix any wire less than twenty-two feet Polea, etc 
 above the surface of the street, nor carry any such poles or 
 wires along any street without the consent of the munici- 
 pal council having jurisdiction over the streets >f the said 
 city, town or incorporated village ; and that in any city, 
 town or incorporated village, the poles shall be as nearly 
 as possible straight and perpendicular, and shall in cities 
 be painted if so required by any by-laws of the council ; 
 Ana provided further that where lines of telegraph are 
 already constructed, no poles shall be erected by the com- J**""**"®- 
 pany in any city, town or incorporated village along the 
 street where such poles are already erected, unless with 
 the consent of the council having jurisdiction over the 
 streets of such city, town or incorporated village : Pro- „ 
 vided also that in so doing the said company shall not cut 
 down or mutilate any tree ; And provided that in cities, 
 towns and incorporated villages the opening up of the street "*^ ' 
 for the erection of poles, or for carrying the wires under 
 ground shall be done under the direction and supervision 
 of the engineer or such other officer as the council may 
 appoint, and in such manner as the council may direct, 
 unless such engineer, officer or council, after one week's 
 notice in writing, shall have omitted to make such direc- 
 tion ; and provided also that the surface of the street shall, 
 in all cabos be restored to its former condition by and at **'^"*°' 
 the expeniv9 of the company: and provided further, that., ^^ 
 whenever in case of fire it becomes necessary for its ex- 
 tinction or the preservation of property that che telephone 
 wires should be cut, the cutting under such oircu instances 
 of any of the wires of the company, under the direction of 
 
Power to 
 ■oqnire real 
 Mtote. 
 
 I 
 
 62S UNIVERSITY OF TORONTO. 
 
 the chief engineer or other officer in charge of the fire 
 biigade, shall not entitle the company to demand or claim 
 compensation for any damages that might be so incurred. 
 46 V. c. 71, s. 2. 
 
 3. The said company shall have power to purchase, 
 lease or otherwise acquire and hold all such real estate as 
 may from time to time be necessary and proper for the 
 purposes and uses of the company, and also to sell, lease or 
 otherwise dispose of, and to mortgage, pledge or incumber 
 such real estate, or any part or parts thereof, from time to 
 time, in such manner and on such terms as they may deem 
 Froviso. fit : Provided always that such real estate acquired for the 
 purposes hereinbefore mentioned shall at all times be held 
 exclusively for the purposes and uses of the said company 
 as by this Act authorized, and not otherwise, and shall not 
 exceed at any one time, when situate within the city of 
 Toronto, the annual value of ten thousand dollars, when 
 situate within any other city in the Province of Ontario, 
 the annual value of five thousand dollars, when situate 
 within any town in the Province of Ontario, the annual 
 ' ' value of two thousand dollars, and when situate within any 
 
 other municipality within the said Province of Ontario, the 
 annual value of one thousand dollai's. 45 V. c. 71 s. 3. t 
 
 UNIVERSITY OP TORONTO. 
 
 1. Queen's Park — See. Boundaries of City and Wards — Parks, 
 Gardens and Drives. 
 
 55 Vict. 0. 42 (Ont.) 
 
 An Act to consolidate the Acts respecting Muni- 
 cipal Institutions. 
 
 [Assented to Uth April, 1892.] 
 
 Toronto. 
 
 Munioipai 620&- The council of every city with a population of 
 
 ■fd toUniver- 100,000 or over may pass o. by-law or by-laws for granting 
 -^ aid to the University of Toronto and may create a debt 
 
 therefor, and may issue debentures for the amount of such 
 debt, and no such by-law shall require the assent of the 
 ratepayers of the municipality before the final passing 
 thereof, unless such amount shall exceed $.500. 53 v . c. 50, 
 a 41. 
 
voters' lists. 
 
 58S 
 
 VOTERS' LISTS. 
 
 56 Viot o. 8 (Ont.) 
 
 An Act to make further provision as to Voters' 
 , Lists in Cities. 
 
 ^^ [Aaaented to 27th Maif, IS93.] 
 
 8. — (1) Immediately after the return hy the assessors ©f ^"**^™*''* 
 the assessment rolls to the clerk, and without waiting for^um of" 
 the revision and correction thereof by the court of revi- «sae«ament 
 sion or the judge, the clerk shall make out a correct alpha- "•**■• 
 betical list of all persons appearing by the assessment roll 
 to be entitled to be votei's in the [said] city, prefixing to the 
 name of each person his number upon the said roll as 
 heretofore ; and shall, within forty days after receiving 
 the assessment rolls, cause 400 copies to be printed of the 
 said list in the case of Toronto, and 200 in the case of 
 every other city, the same to be in pamphlet form ; and 
 the clerk, besides delivering or transmitting the copies 
 mentioned in that behalf in the [said] The Ontai'io Voters' 
 lAsts Act, 1889, shall deliver one copy to the assessments^- *• ^ 
 commissioner. 
 
 (2) A larger number of copies may be printed if the city 
 council, by resolution or othei-wise, so directs or authorizes. 
 66 V. c. 8,8. 8. 
 
 tion of 
 anting 
 a debt 
 
 of such 
 of the 
 jassing 
 ^ c. 50, 
 
 13. Immediately after receiving the report of the assess- Printing and 
 ment commissioner, the clerk shall cause to he P' i>*ted ^^^JJ*" 
 copies of the same, including the lists of changes, namely, Lta. 
 400 in the case of the city of Toronto and 200 in the case 
 of other cities ; and shall forthwith cause one of these 
 printed copies to be posted up, and to be kept posted, in 
 some conspicuous place in his office, and shall deliver or 
 transmit by registered letter or by parcel post registered, 
 the same number of. copies and to the same persons as 
 required by law in case of the original list which he pre- 
 pared after receiving the assessment roll. 56 V. c. 3, s. 13. 
 
^msmmtsi^ 
 
 524 
 
 WATER COURSKS AND SKWEKS. 
 
 WARDS. 
 
 See Boundaries of City and Wauds. 
 
 WATER COURSES AND SEWERS. 
 
 1. Don Improvemknt — See Don Improvement. 
 
 2. Garrison Crekk and Rosepale Crrkk Sewers — See Garrison 
 
 Crerk and Boskdale Creek Sewkrs. 
 
 Preamble. 
 
 
 47 Vict. o. 50(0nt.) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 2oth March, 1884^.] 
 
 WHEREAS the coi-poi-ation of the city of Toronto have 
 by their petition set forth the desirability of, and 
 the necessity for, special legislation, conferring upon them 
 increased powers with reference to drainage and sewage 
 works. • • ♦ 
 
 Widening or 
 deepening 
 streams, etc. 
 
 ^••^ ™*y 1. The council of the corporation of the city of Toronto 
 be made or— ^^^ ^^^ by-laws for the following, amongst other pur- 
 poses, notwithstanding anything in The Consolidated Mvj- 
 wicipaZ ilc^, i555, or any special or private Act relating to 
 the said city of Toronto, contained to the contrary ; 
 
 (\) For widening, deepening, diverting, straightening, 
 and improving any river, creek, stream, or water course, 
 for converting any such creek, stream, or water course into 
 a main drain or sewer, and adopting the same as a part of 
 the sewei-age and drainage system of the city of Toronto, 
 for deepening any such creek, stream, or water-course, and 
 draining any locality, for constructing a main off-take 
 sewer or sewei*s along the front of the city, or in such 
 other place or places and manner as they may be advised, 
 to prevent the sewerage and filth entering the waters of 
 the Bay, and the necessary works and connections there- 
 witfi, and for entering upon, taking and using such lands 
 as may be necessary for all and every such purposes. 47 
 V. c. 59, s. 1. 
 
WATKB WORKa 
 
 625 
 
 WATER WORKS. 
 
 PAOK. 
 
 1. Cmr OF TuBONTo Watkr Ck>BiPANY 625 
 
 2. Corporation Water Works 528 
 
 3. ToROMTu Watkr Works 629 
 
 4. Parkdalb Watkr and Gah Works— See Parkdalk. 
 
 - ' /^~ 
 
 1. OITT OF TORONTO WATER OOMFAITT. 
 
 85 Viot. p. 78 (Ont.) 
 
 An Act to revive and amend the Act relating to 
 the City of Toronto Water Company. 
 
 [Assented to 2nd March, 1^*1 2^ 
 
 WHEREAS the city of Toronto Gas Light and Water Preamble. 
 Company was incorporated b}' an Act passed in 
 the session of the Parliament of the late Province of Canada ' 
 held in the fourth and fifth years of Her Majesty's reign, 
 and chaptered sixty -five; end whereas the said Act of 
 incorporation was amended by an Act passed in the eighth 
 year of Her Majesty's reign, and chaptered eighty -five ; 
 and whereas the said Act of incorporation was further 
 amended by au Act passed in the sixteenth year of Her 
 Majesty's reign, and chaptered one hundred and nine, by 
 which said last mentioned Act the name of the said com- 
 pany was changed to the City of Toronto Water Company; 
 and whereas by an Act passed in the sixteenth year of Her 
 Majesty's reign, and cnaptered two hundred and fifty, 
 the Metropolitan Gas and Water Company was incorpo- 
 rated ; and whereas the said last mentioned Act of 
 incorporation was amended by an Act passed in the 
 eighteenth year of the reign of Her Majesty, chaptered 
 two hundred and eighteen ; ((() and whereas the said Metro- 
 politan Gas and Water Company became the purchasers of 
 all the works, rights, privileges, and franchises of the City 
 of Toronto Water Company, and to secure the payment of 
 the purchase money thereof mortgaged the said works, 
 vighl^, privileges, and franchises to Albert Furniss, of the 
 city of Montreal, Esquire, who was then the sole proprietor 
 and shareholder of the said City of Toronto Water Com- 
 pany ; and whereas default having been made by the said 
 Metropolitan Gas and Water Company in the payment of 
 
 (a) The Metropolitan Gaa nnd Water Company Act was alio amended 
 by 22 Vict. c. 135, and 24 Viot. c. 101— iVe also note (c) to 4-5 Vict. 
 c. 65, p. 219. 
 
526 WATER WORKa 
 
 the said mortgage money, the said Albert Fumiss filed his 
 bill in the Court of Chanoery in Upper Canada to foreclose 
 the said mortgage, and by virtue of the said court the 
 said mortgage wns absolutely foreclosed, and the said 
 Albert Furniss entered into possession of the said works, 
 rights, privileges, and franchises, and has continued in 
 possession thereof ever since ; and whereas the said Albert 
 Fumiss is desirous that all the rights, powers, franchises, 
 and privileges vested in the said companies, or either of 
 them, should be vested in him with such powers and 
 * authorities as may enable him effectually to operate and 
 
 W01 k the same ; and it is right that the same be granted to 
 him : 
 
 Therefore Her Majesty, by and with the advice and 
 consent of the Legislative Assembly of the Province of 
 7: '- Ontario, enacts as follows : 
 
 Certain water 
 companies 
 vested in 
 A. Fumiss. 
 
 \,- 
 
 1. All the works, power8,rights, privileges, and franchises 
 whatsoever, held and occupied and enjoyed by the said 
 City of Toronto Water Company, or the said Metropolitan 
 Gas and Water Company, or the president and directors 
 and shareholders of the said companies, or either ' of 
 them, shall be and they are hereby vested in the said 
 Albert Fumiss, his heirs and assigns, and his and their 
 associates, he and they are hei'eby authorized and empow- 
 ered to exercise the same under the corporate name of 
 " The City of Toronto Water Company." 35 V. c. 78, s. 1. 
 
 Sa^ffiheir ^- '^^^ ^^^^ ^^ Toronto Water Company are hereby 
 works, etc. authorized and empowered to sell their said works and all 
 the powers and authorities contained in the said charters 
 of incorporation to any person or body corporate, or any 
 " ■; • share or interest therein, upon such terms as may be agreed 
 
 - upon between thorn ; and the said company shall be liable 
 to all duties, contracts and obligations incurred subsequent 
 * . to the said mortgage in the preamble mentioned, and sub- 
 
 i ject to all the penalties or claims whatever, to which the 
 said City of Toronto ^Vater Company or the said Metro- 
 politan Gas and Water Company, or either or both of them, 
 is or are in any way liable or subject ; and all actions or 
 suits now pending by for or against the said City of 
 Toronto Water Company or the Metropolitan Gas and 
 Water Company, or either or both of them, may be con- 
 , tinued and completed by or against the said City of 
 
 , ^ Toronto Water Company, upon a suggestion of the passing 
 • of this Act. 35 V. c. 78, s. 2. 
 
WATER WORKS. 
 
 &87 
 
 87 Viot. Q. 74 (Ont.) 
 
 An Act respecting the City of Toronto Water 
 Works ; and to amend the Act passed in the 
 thirty-fifth year of the reign of Her Majesty 
 Queen Victoria, and chaptered seventy-eight. 
 
 [Assented to mii March, 1S74] 
 
 WHEREAS by the petition of the City of Toronto ^•■'"^""We. 
 • Water Company, Louisa Priscilia Furniss Adminis- 
 tratrix of the estate of her late husband, Albert Furniss, 
 deceased, Elizabeth Louise Elwes (fornrterly Elizabeth 
 Louise Furniss), Mary Helen Furniss, Albeit Henry 
 Furniss, Edmond Louis Furniss, an infant under the age 
 of twenty-one years, by his duly appointed guardian, the 
 said Louisa Priscilia Furniss, all of the city of Toronto, in 
 the county of York, Bernard Daniel Furniss, and George 
 Furniss, of the city of Montreal, in the province of Quebec, 
 and J6hn Joseph Furniss, oi Bordeaux, in France, the heirs 
 and heiresses at law and next of kin of the said Albert 
 Furniss, deceased, it appearing that by the Act passed in 
 the thirty-fifth year of the reign of Her Majesty Queen 
 Victoria, and chaptered seventy-eight, certain works, 
 powers, rights, privileges and franchises therein mentioned, 
 were vested in the said Albert Furniss, deceased, in the 
 manner therein set out, and that it was intended by the 
 said Act to vest in the same manner all the works, powers, 
 rights, privileges, franchises and easements (including cer- 
 tain parcels of real estate in the said city of Toronto), held 
 and occupied and enjoyed by the Metropolitan Water 
 Company, incorporated by an Act passed in the session of 
 the Parliament of the late Province of Canada, held in the 
 twenty-fourth year of Her Majesty's reign, and chaptered 
 one hundred and one, and of and to which works, powers, 
 rights, privileges, franchises and easements, the said Albert 
 Furniss was possessed and entitled, in the same manner as 
 the said other premises thereby vested in him ; but it 
 appears doubtful whether the said works, powers, rights, 
 privileges, franchises and easements, were by the said Act 
 vested in him as so intended to l)e done ; and that the said 
 petitioners have by agreement bearing date the twenty- 
 seventh day of May, in the j'^ear of our Lord one thousand 
 eight hundred and seventy-three, contracted to sell, and 
 the corporation of the said city of Toronto, by and through 
 the agency of " the water works commission for the city 
 of Toronto," have in pursuance of the authority conferred 
 by chapter seventy-nine of the statutes of Ontario, passed 
 in the thirty-fifth year of Her Majesty's reign, contracted 
 to purchase amongst other property all the works, powers, 
 riglits, privileges, anu franchises whatsoever, and estate. 
 
 f 
 
 I 
 
5S8 WATERWORKS. 
 
 real and personal, of or held and occupied and enjoyed by 
 the several companies mentioned in the said Act, chaptered 
 seventy-eight, and the said Albert Furniss, deceased, and 
 the said petitionee, including all the said works, powers, 
 rights, privilege», franchises and easements, and that in 
 pursuance of such contract the said petitioners have 
 executed a conveyance thereof, bearing date the seventeenth 
 day of November, in the year of our Lord one thousand 
 eight hundred and seventy-three, and the said corporation 
 of the city of Toronto are now in the occupation of the 
 same ; And whereas doubts have arisen as to the right of 
 the said petitioners to sell and convey the same, and the said 
 petitioners have by their said petition praj'ed that an Act 
 may be parsed confirming the said sale and vesting the 
 saia property in the said the corporation of the city of 
 Toronto, and it is expedient to grant the prayer of said 
 petition : 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows : 
 
 Oonfirmatiou J. AH the real and personal estate, works, powers, rights, 
 
 V ^^ ^Z ♦».- privileges, authorities, franchises and easements, held arid 
 J! urnun to tbe r .'*i j • i • .1 . i i • , 
 
 Corporation occupied and enjoyed by the said several companies, named 
 
 of l^rontu. in the said Act, passed in the thirty-fifth year of the reign 
 of Her Majesty Queen Victoria, and chaptered seventy- 
 eight, and by the said Albert Furniss, decetised, and by the 
 said petitioners, and by the Metropolitan Water Company, 
 or the president and directors and shareholders thereof, or 
 by any or either of them, or by the said Albert Furniss, 
 deceased, under the name of the Metropolitan Water Com- 
 pany, shall be and are hereby vested in the said the 
 corporation of the city of Toronto, and their successors, to 
 hold under, and in pursuance of and for the purposes 
 ^ mentioned in the said Act, passed in the thirty-fifth year 
 of the reign of Her said Majesty, chaptered seventy-nine, 
 and the said sale and conveyance thereof by the said 
 petitioners is hereby confirmed. 37 V. c. 74, s. 1. 
 
 2. 00£POBATION WATER WORKS. * 
 
 ■- ■ ■' "'' ."- ' ' 
 
 ': ■: 20 Vict. o. 81. ^ 
 
 An Act to authorize the City of Toronto to erect 
 Water Works and to levy a Water Rate. 
 
 "V 
 
 [Aesentecl to lOth June, 1857.] 
 E^eie. 
 
WATER WORKS. 52^ 
 
 3. TORONTO WATER WORKS. 
 
 85 Viot. o. 79 (Ont.) 
 
 An Act to authorize the Corporation of the City 
 of Toronto to construct Water Works in the 
 City of Toronto. 
 
 [Assented to 2nd March, 1872.] 
 
 WHEREAS grave nnd frequent complaints have been Preamble, 
 made from time to time, by the citizens and corpo- 
 ration of Toronto, against the quality and supply of water 
 furnished by the Toronto Water Works Company, hitherto 
 existing and supplying water to the city ; and grievous 
 and serious injury to property and to the city generally 
 has resulted from an undue and insufficient service thereof; 
 And whereas numerous amendments have been made to 
 the charter of the said Toronto Water Works, with the 
 view to making the same more useful and effective, for v 
 
 the purposes intended ; and to enable the corporation of 
 the city of Toronto to satisfy the citizens as to the service 
 of water procurable from said Company; and whereas 
 after much treaty and negotiation between the said city of 
 Toronto and the said "Water Works Company, it has been 
 found impossible to effect any satisfactory arrangement 
 with said Water Works Company on behalf of the said 
 corporation and citizens of Toronto ; and whereas the 
 council of the corporation of the city of Toronto, have ' ■ 
 
 by petition declared that it is deemed necessary and ad- 
 visable that the said corporation of Toronto should have 
 the power to purchase, construct, have, and manage, as to 
 them may seem meet, certain water works on behalf of 
 the city of Toronto ; and it is expedient to grant the 
 prayer of said petition : , 
 
 Therefore Her Majesty, by and with the advice and 
 consent of the Legislative Assembly of the Province of * 
 
 Ontario, enacts as follows : — 
 
 1. That the corporation of the city of Toronto, by and Corooratioih 
 through the agency of commissioners and their successors, ^^ Toronto 
 to be elected and appointed, as hereinafter provided, naay,^JJj.t,*'etc., 
 and shall have power to design, construct, build, purchase, water' 
 improve, hold, and generally maintain, manage, and con-'^"''"* 
 dufct water works, and all buildings, matters, machinery, , 
 and appliances therewith connected or necessary thereto, 
 
 in the city of Toronto, and parts adjacent, as hereinafter 
 provided. 35 V. c. 79, s. 1. 
 
 2. The said commissioners and their successors, shall be CommiMion- 
 a body corporate, under the name of the "Water Works ^^.^^ j^*^,^.^ 
 
 67 porated. 
 
MO 
 
 WATER WORKS. 
 
 Duty of com- 
 miMionera. 
 
 Commission for the city of Toronto ;" and shall be com- 
 posed of five members, of whom the mayor of the city of 
 Toronto, for the time beinff, shall be ex officio, one ; and 
 the said commissioners shall have all the powers necessary 
 to enable them to build the water works hereinafter 
 Powen. mentioned ; or to purchase, and after purchase to add 
 thereto, or otherwise deal with the water works of any 
 other company, and to improve, secure, maintain, and 
 enlarge any of the said works, from time to time as to 
 the said commissioners may seem meet, and to cany 
 out all and every the other powers conferred upon them 
 by this Act. 35 V. c. 79, s. 2. 
 
 8. And it shall be the duty of the said commissioners to 
 examine, consider, and decide upon all matters relative to 
 supplying the said city of Toronto, by the meann contem- 
 plated by this Act, with a sufllicient quantity of pure and 
 wholesome water for the use of its inhabitants ; and also 
 to provide, build, or construct the necessary water works, 
 buildings, machinery, and other appliances requisite for 
 the said object. 3d V. c. 79, s. 3. 
 
 Power*. 4. The said commissioneis shall have power to emplby 
 
 and appoint engineers, surveyors, officers, and other 
 persons ; and to rent or purchase such lots, works, build- 
 ings, privileges, and yards, as in their opinion may be 
 necessary to enable them to fulfil their duties under this 
 Act. 35 V. c. 79, s. 4. 
 
 5. And it shall and may be lawful for the said commis- 
 sioners, their agents, servants, and workmen, from time to 
 time, and at such times hereafter as they shall see fit, and 
 they are hereby authorized and empowered to enter into 
 and upon the lands of any person or persons, bodies politic 
 or corporate, in the city of Toronto, or within thirty miles 
 of the said city ; and to survey, set out, and ascertain such 
 parts thereof as they may require for the purposes of the 
 said water works ; and also to divert and appropriate any 
 spring or stream of water thereon, as they shall judge suit- 
 aole and proper ; and to contract with the owners or 
 occupiers of the said lands, and those having an interest 
 or right in the said water, for the purchase thereof, or of 
 any part thereof, or of any privilege that may be required 
 for the purposes of the said water works commissioners ; 
 and in case of any disagreement between the said com- 
 
 ft missioners and the owners or occupiers of such lands, or 
 
 any persons having an interest in the said water, or the 
 
 ■ natural flow thereof, or any such privilege as aforesaid, 
 
 respecting the amount of purchase or value thereof, or a.s 
 
 to the damages such appropriation shall cause to them or 
 
 Arbitration, otherwise, the same shall be decided by three arbitrators, 
 to be appointed as hereinafter mentioned — namely, the 
 
 Powers. 
 
 Entry on 
 lands. 
 
 Appropriate 
 streams. 
 
 ■Contract. 
 
WATEH WOIIKH. 
 
 Ml 
 
 coinmiH.Hionei*s uhaU app.)int one, the owner or ownon 
 shall appoint another, an<J such two arbitrators nhall, 
 within ten days nfber their appointment, appoint a third 
 arbitrator ; but in the event of Nuch two ai -bitriitors not 
 appointing a third arbitrator within the time aforesaid, 
 the judge of the county court of the county of York, 
 shall, on application by either party, appoint such third 
 arbitrator. In case any such owner or occupier, shall be 
 an infant, married woman, or insane, or absent from this 
 Province, or shall refuse to appoint an arbitrator on his 
 behalf, then, the judge of the county court of the county 
 of York, on application being made to him for fliat purpose 
 by the commissioners, shall nominate and appoint three 
 indifferent persons as arbitrators. The arbitrators to be 
 appointed as hereinbefore mentioned, shall award, deter- 
 mine, adjudge, and order the respective sums of money 
 which the said commissioners shall pay to the respective 
 persons entitled to receive the same, and the award of the 
 majority of the said arbitrators shall be final. And the 
 said arbitrators shall be, and they are hereby required to 
 attend at some convenient place, at or in the vicinity of 
 the said city, to be appointed by the said commissioners, 
 after eight days' notice given for that purpose by the said 
 commissioners, then and there to arbitrate and award, 
 adjudge, and determine such matters and things as shall 
 be submitted to their consideration by the parties inter- 
 ested ; and each arbitrator shall bo sworn before some one 
 of Her Majesty's justice of the peace, in and for the said 
 county of York, or the said city, any of whom may be 
 required to attend the said meeting for that purpose, well 
 and truly to assess the value or damages between the 
 parties to the best of his judgment; Provided always, that 
 any award under this Act shall be subject to be set aside 
 on application to the Court of Queen's Bench, or Common 
 Pleas, in the same manner and on the same grounds as in 
 ordinary cases of arbitration, in which case a reference 
 may be again made to arbitration as hereinbefore provided, 
 and that any sum so awarded shall be paid within three 
 calendar months from the date of the award or determina- 
 tion of any motion to annul the same ; and in default of 
 such payment the proprietor may resume p>issession of his 
 property, and all his rights shall thereupon revive ; and 
 the award of a majority of the said arbitrators shall be 
 binding on all parties concerned subject as aforesaid ; Pro- 
 vided always, that upon the application of any persqp 
 injuriously affected by the works of the said company by 
 the withdrawal thereby of the water frcn any river, 
 stream, or lake, so as to leave an insufficient quantity for 
 tlie agricultural or other purposes of the proprietoi-s or 
 occupants of the lands through, or on which such rivers, 
 •streams, or lakes may pass or be, the Court of Chancery 
 may grant injunctions to restrain the said company from 
 
«M 
 
 WATIR WORKa 
 
 the use of the water of such river, stre*in, or lake for such 
 time, and upon such conditionB as the court nhall direct. 
 86 V. c. 79, 8. 6. 
 
 LMd« apprO' 
 prktwl 
 Tsated in th« 
 oity. 
 
 Powen to 
 Qonvay water. 
 
 Enter on 
 landa. 
 
 6- The landfl, privileges, and water, which shall be 
 ascertained, Het out or appropriated by the nnid commis- 
 sioners for the purposes tnereof as aforesaid, shall there- 
 upon and forever thereafter be vested in the corporation 
 01 the citv of Toronto, and their successors : and it shall 
 and may be lawful for the said conimissionen and their 
 successors, ^ construct, erect, and maintain in and upon 
 the said lands all such reservoirs, water works, and 
 machinery requisite for >hc said undertaking, and to con- 
 vey the waters thereto and therefrom, in, upon, or through 
 any of the grounds and lands lying intermediate between 
 the said reservoirs and water works, and the springs, 
 streams, rivei-s, or lakes from which the same are procured 
 and the said city of Toronto, by one or more lines of pipes, 
 as may from time to time be found necessary ; and for 
 better effecting the purposes aforesaid, the said commis- 
 sioners, their successors and servants, are hereby em- 
 powered to enter and pass upon and over the said grounds 
 and lands intermediate as aforesaid ; and the same to C|ut 
 and dig up if necessary, and to lay down the said *^^pes 
 through the same, and in, upon, over, under, and . .i gh 
 the highways, railways, and roads of and in the townships 
 of Etobicoke, York, and Scarborough, and the incorporated 
 village of Yorkville, in the county of York, and in, through, 
 over, and under the public ways, streets, street railways, 
 lanes, or other passages of the said city of Toronto, and in, 
 upon, through, over or under the lands, grounds, and 
 premises of any person or persons, bodies corporate, politic, 
 or collegiate, whatsoever ; and to set out, ascertain, use, and 
 occupy such part or parts thereof, as they, the said commis- 
 sioners, or their successors shall think necessary and proper, 
 for the making and maintaining of the said works, or for the 
 opening of new streets required for the same ; and for the 
 purchasing of any lands required for the protection of the 
 said works, or for preserving the purity of the water sup- 
 ply, or for taking up, removing, altering, or repairing the 
 same, and for distributing water to the inhabitants oi the 
 city of Toronto, or for the uses of the corporation of the 
 said city, or of the proprietors or occupiers of the lands 
 through or near which the same may pass ; and for this 
 pui-pose to sink and lay down pipes, trunks, reservoirs, 
 and other conveniences, and from time to time to alter nil 
 or any of the said works, as well in the position as in the 
 construction thereof, as to the said commissioners or their 
 successors .shall seem meet, doing as little damage as mny 
 be in the execution of the powers hereby granted to them, 
 and making reasonable and adequate satisfaction to the 
 proprietors, to be ascertained, in case of disagreement, by 
 
WATBll W0niC8. 
 
 «S9 
 
 arbitration as aforesaid ; and all Huch water wnrlcH, p\\twi, 
 erectiona, and much inery rtMiiiiHite fur tlio Haid tmdertak- WorluT«*l«d 
 ing, hhall likowinu be vested iii, nnd lie tho property of the''*^*^^- 
 cor[)oration of the city of Toronto, 
 
 NotwithHtanding anything in tliis Act contained, tho 
 Haid coiiuiiirtHionerH, thoir Hervants or agents, Nhall not cut, 
 dig up or in any way interfere with any of tliu public wayn, 
 streets, laneH or other passngeH within tliu city of Toronto, 
 for the purpose of laying mains, until alter thirty dayn' 
 notice in writing of such intention shall have been given to 
 the engineer of Haid city or to the person tor the time being 
 a'iting as such, but that it shall l>o lawful f(»r ^he said com- 
 mission without giving any notice to dig up and interfere 
 with such ways, streets, lanes, or other passages for the 
 purpose of laying service pipes or making repaii-s in case of 
 accident, but the commission may at any time with the 
 written assent of the engineer or acting engineer of the said 
 city dig up atid interfere with such ways, streets, lanes, or 
 other passages without giving such notice or before the time 
 limited by such notice has expirnd, and all ways, streets, 
 lanes and other passages so dug up or interfere*! with shall 
 bo restored to their original condition, without unnecessary 
 delay. 35 V. c. 79, s. G ; 39 V. c. 64, s. 5. 
 
 7. If any person shall wilfully or maliciously hinder or Peiultiei. 
 interrupt, or cause, or procure to be hindered or inter- 
 rupted, the said commissioners or their managers, con- 
 tractors, servants, agents, or workmen, or any of them, in 
 the exercise of any of the powers and authorities in this 
 Act authorized and contained, or if any person shall 
 wilfully or maliciously let off or discharge any water, so 
 that the same shall run waste or useless out of the said 
 works, or if any person shall throw or deposit any injuri- 
 ous, noisome, or offensive matter into the said water or 
 water works, or upon the ice, or in any way foul the 
 same, or commit any wilful damage or injury to the works, 
 pipes or water, or encourage the same to be done, every 
 person offending in any of the cases aforesaid, shall, on 
 conviction thereof, before any justice of the peace, having 
 jurisdiction within the locality where the offence shall be 
 committed, forfeit and pay for every such offence the sum 
 of twenty dollars, together with the costs of conviction, 
 one-half to be applied to the use of the commissioners, for 
 water works purposes, and the other half to him or her 
 who shall lay the information ; and in case the parties 
 suing for the same shall be commissioners themselves, or 
 any of their servants, officers, agents, or workmen, then 
 the whole of the said penalty shall be applied to the uses 
 of the commissioners for water works purposes; and 
 such justice may also, in his discretion, further condemn 
 such person to be contined in the common gaol of the city 
 of Toronto or count}' of York, for a space of time not 
 
534 
 
 WATER WORKS. 
 
 exceeding one calendar month, as to such justice shall 
 seem meet ; and such person or persons so offending, shnil 
 be liable to an action at law, at the suit of the commis- 
 sioners, to mnkc good any damage done by him, her, or 
 them. 35 V. c. 79, s. 7. 
 
 Materials for g. All materials procured, or partially procured under 
 work exempt- gQjjj,.j^g^ with tho commissioners, and upon which the said 
 ed from exe- . . i 1 1 i i i *^ • ■ ^ 
 
 oution. commissioners sniill have made advances in accordance 
 
 with such contract, shall be exempt from execution. 35 V. 
 c. 79, s. 8. 
 
 
 Aocovnta to 
 be kept by 
 oommiBsion- 
 ers. 
 
 Retunu to 
 the city. 
 
 9. That the said commissioners shall be, and they are 
 hereby required to keep, or cause to be kept, separate 
 books and accounts of the receipts and disbursements for 
 and on Account of the said water works, distinct from the 
 books and accounts relating to the other property, funds, 
 or assets belonging to the said water works; and all 
 8uch books shall be open to the examination of any person 
 or persons appointed for that purpose by the corporation 
 of the city of Toronto, or any member of the said corpo- 
 ration ; and shall annually on or before the thirty-first day 
 of December in each and ever}' year, cause a return to l^e 
 made to the council of the corporation of the city of 
 Toronto shewing a statement of the affairs of the said 
 water works, wherein shall be stated the amount of the 
 rents, issues, and profits arising from the suid water 
 works, the number of tenants supplied with water, the 
 extent and value of the movable and immovable property 
 thereunto belonging, the amount of debentures then issued 
 and remaining unredeemed and uncancelled, and the inter- 
 est paid thereon, or yet due and unpaid, and the state of 
 the sinking fund, the expenses of collection and manage- 
 ment, and all other contingencies, salaries of oflBcers and 
 servants, the cost of repairs, improvements and alterations, 
 the prices paid for the acquisition of any real estate that 
 may be acquired for the use of the said water works, and 
 generally such a statement of the revenue and expenditure 
 of the said water works as will at all times afford to the 
 citizens of the said city of Toronto a full and complete 
 knowledge of the state of affairs of the said water works, 
 and such infoimation as may be required by the corpora- 
 tion of the city of Toronto, and in ordei- that all the 
 accounts relating to the said water works rcay be audited 
 by the auditors of the said corporation in regular course. 
 36 V. 0.79,8. 9; 37 V. c. 75, s." 1. 
 
 Oaths of 
 ofiBce. -He- 
 cords of 
 proceedings. 
 
 10. The said commissioners and the clerks employed in 
 their revenue shall be sworn before a justice of the pence 
 to the faithful performance of their duties, and they shall 
 keep a book for the purpose of recording the whole of 
 their official proceedings ; which said book shall be open 
 
WATER WORKS. 
 
 for inspection, as the books in the preceding section 
 mentioned. 35 V. c. 79, s. 10 
 
 53^ 
 
 11. The board of commissioners for the time being. Powers «■ to 
 shall regulate the distribution and use of the vrater in all *"" **' water. 
 places and for all purposes where the same may be reouired ; 
 
 and from time to time shall fix the prices for tne use 
 thereof, and the times of payment ; and they may erect 
 such number of public hydrants, and in spch places as they 
 shall see fit, and direct in what manner and for what pur- 
 pose the same shall be used, all which they may change at 
 their discretion ; Provided always that all hydrants, con- 
 duits or other appliances which the corporation of the city 
 of Toronto may require under this Act for the pui-pose of 
 extinguishment of tires shall be placed as the corporation 
 of the city of Toronto shall direct, and shall be under 
 their exclusive control and direction when erected. 35 V, 
 c 79, s. ll.(a). 
 
 12. The commissioners shall have power and authority, Water rates, 
 and it shall be their duty, from time to time, to fix the 
 
 price, rate, or rent which any owner or occupant of any 
 
 house, tenement, lot, or part of a lot, or both, in, through, 
 
 or past which the water pipes shall run, shall pay as water 
 
 rate or rent, whether such owner or occupant shall use 
 
 the water or not, having due regard to the assessment, and 
 
 to any special benefit and advantage derived by such 
 
 owner or occupant, or conferred upon hire <,r her or their.. 
 
 property by the water works, and th& locality in which *" '^^'^ ®'* 
 
 the same is situated : and such water rate or rent as shall Water rates. 
 
 be assessed by such commissioners upon such owner or ^•''" °" P*""* 
 
 occupant, shall be, and continue a lien or charge, unless ^^^ ^' 
 
 paid, upon such real estate ; and the water commissioners 
 
 shall also have power and authority, from time to time, to 
 
 fix the rnte or rent to be paid for the use of the water by 
 
 hydrants, file-plugs, and public buildings ; Provided always, 
 
 unless the ejristing works of the Metropolitan Water Works 
 
 Company or the City of Toronto Water Works Company, 
 
 shall be r)urchased from the said company, or otherwise 
 
 obtained oy the said corporation of the city of Toronto, 
 
 no compulsory mte or rent shall be levied or collected in 
 
 any portions of the city, where the pipes of the said water 
 
 works are now laid. 35 V. c. 79, s. 12. 
 
 18. After the time granted for the construction of the Rates paid to 
 said works, all water rents and water rates, when collected, ^^^j^^j^^ 
 less disbursements by the commissioners, shall be paid over Powera to en- 
 quarterly by the said commissioners to the chamberlain of torce bylaws. 
 wie city of Toronto, and by him placed to the credit of 
 the water works account : and the commissioneics shall 
 
 (a) See aa to further powers 40 Vict. o. 39, a. 9 (Ont.), p. 647. 
 
 
^36 
 
 WATER WORKS. 
 
 have power, from time to time, to make and enforce all 
 necessary by-laws, rules and regulations for the general 
 maintenance or the management and conduct of the said 
 water works, officers, and others employed by them, not 
 inconsistent with this Act, and for the collection of the said 
 water rent and water rate, and for fixing the time and times, 
 (which shall bo quarterly or half yearly) when, and the 
 places where, the same shall be payable ; also for allowing a 
 To enforce discount for pre-payment, and, in case of default in payment, 
 payment. to enforce payment by shutting off the water, or l)y suit at 
 law before any court of competent jurisdiction, or by dis- 
 tress and sale of the goods and chattels of such owner or 
 occupant, or of any goods or chattels in his possession, 
 wherever the same may be found w'thin the city of 
 Toronto, and county of York, or of a.iy goods or chattels 
 found on the premises, the property of, or in the possession 
 of, any other occupant of the premises ; such distress and 
 sals snail be conducted in the same manner as sales are 
 now conducted for arrears of city taxes, and the costs 
 chargeable shall be those payable to bailiffs under The 
 Division Court Act ; Provided that the attempt to collect 
 such rates by any process hereinbefore mentioned shall not 
 in any way invalidate the lien upon such premises. 35 V. 
 ■' c. 79, s. 13 ; 37 V. c. 75, s. 2 ; 52 V. c. 73, s. 1. \ 
 
 Powers to em- 14- The commissioners shall have power, with the con- 
 feotora^s^d"^^®^* of the corpoiatioti of Toronto, to employ the city 
 others. collectoi's, assessors, and such other persons as in their 
 
 opinion may be necessary to carry out the object of this 
 Act, and to specify the duties of such persons so employed, 
 and to fix their compensation; and all such persons shall 
 ^ hf^ld their offices under the commissioners, at the pleasure 
 of the conmissioners, or as they shall determine by by-law 
 in that behalf, and shall give such security as the commis- 
 sioners shall, from time to time, requiie ; and such collectors 
 or assessors shall have as full power in the performance 
 and enforcement of the matters to them committed as the 
 collectors and assessors in the cities of the Province of 
 Ontario do now possess and enjoy. 35 V. c. 79, s. 14. 
 
 Penalty for 
 drawing off 
 water. 
 
 16. If any person or pi rsons shall lay or cause to be laid 
 
 any pipe or main to communicate with any pipe or main 
 
 of the said water works, or in any way obtain or use any 
 
 ' water thereof without the consent of the commissioners, 
 
 • he or they shall forfeit and pay to the commissioners for 
 
 water works purposes the sum of one hundred dollars, 
 
 and also a further sum of five dollars for each day such pipe 
 
 or main shall so remain, which said sum, together with 
 
 costs of suit in that behalf, may be recovered by civil 
 
 ' ' ^ action in any court of law in the Province having civil 
 
 ' jurisdiction to that amount. 35 V. c. 79, s. 15. 
 
 Penalty for 16- If any person shall bathe or wat^h or cleanse any 
 fouling water, cloth, wool, leather, skin, or animals, or place any nuisance 
 
WATER WORKS. 
 
 5S7 
 
 or offensive thing within the distance of three miles from 
 the source of supply for such water works, in any lake, 
 river, pond, source or fountain from which the water of 
 the said water works is obtained, or shall convey or cast, 
 cause or throw, or put any filth, dii*t, dead carcasses or other 
 noisome or offensive things therein, or within the distance 
 as above set out, or cause, permit, or suffer the water of 
 any sink, sewer, or dmin to run or to be conveyed into the 
 same, or (^ause any other thing to be done whereby the 
 water therein may be in any wise tainted or fouleil, every 
 such person shall, on conviction thereof before any justice 
 of the peace, on the oath of one credible witness, be by 
 such justice adjudged and condemned to pay a penalty for 
 every such offence not exceeding twenty dollai-s, together 
 with costs, one half to be applied for water works pur- 
 poses, and the other half to him or her who shall lay the 
 information, and in case the party laying such information 
 be the commissioners themselves, or any of their officers 
 or servants, then the whole of the said penalty shall be 
 applied to the uses of the comniissionere for water works 
 purposes, and such justice shall also in his discretion 
 furtber c 'ndemn such person to he confined in the common 
 gaol for a space of time not exceeding one calendar month, 
 with or without hard labour, as to him may seem meet. 
 S5 V. c. 79, s. 16. 
 
 of 
 
 laid 
 main 
 any 
 )ners, 
 s for 
 liars, 
 pipe 
 with 
 civil 
 civil 
 
 any 
 sance 
 
 17. It shall and may be lawful for the commissioners, Penal^ for 
 and they are hei-eby authoi'ized and empowered to make *";o«»g"»% 
 such by-laws as to them shall seem requisite and necessary "''"^ ^* " 
 for prohibiting by fine not exceeding twenty doUai's for 
 water works purposes, or imprisonment not exceeding one 
 calendar month (the amount of such fine and duration of 
 such imprisonment, and also the option between fine and 
 imprisonment, with or without hard labour, being always 
 in the discretion of the justice of the peace before whom 
 any proceeding may be taken for enforcement thereof), 
 any person being occupant, tenant, or inmate of anj' house 
 supplied with water from the said water works from 
 vending, selling, or disposing of the water thereof, from 
 giving it away or permitting it to be taken or carried away, 
 or from using or applying it to the use or benefit of others, 
 or to any other than to his, her, or their own use and bene- 
 fit, or from increasing the iiupply of water agreed for with 
 the said commissioners, or from wrongfully neglecting or 
 improperly wasting the water, as also for regulating the 
 timC; manner, extent and nature of the supply by the said 
 works, the tenement or parties to which and to whom the 
 same shall be furnished, the price or prices to be exacted 
 therefor, and each and every other matter or thing relat- 
 ing to or connected therewith, which it may be necessary 
 or propei' to direct, regulate, or determine for issuing to 
 the inhabitants of the city a continued and abundant 
 
 68 
 
ipwpp 
 
 638 
 
 WATER WORKS. 
 
 supply of pure and wholesoirivi water, and to prevent the 
 practising of frauds u})on the commissioners with regard 
 to the water so supplied. 35 V. c. 79, s. 17. 
 
 Layin|( ser- ][g. — (1.) In all cases where a vacant space intervenes be- 
 Tice pipes. ^iween the outer line of street and the wall of the building 
 into which the water is to be taken, the water works com- 
 mission may with the consent of the owner lay the service 
 pipes across such vacant space and charge the cost thereof 
 to the owner of the premises, or such owner may himself 
 lay such service pipes, pmvided the same is done to the 
 satisfaction of the engineer of the said commission. 
 
 Expense "f (2.) The expense incidental to the laying of such service 
 laying service pjpgj, jf jg^jjj ]^y ^}^Q commission or of superintending the 
 
 w£om to be laying of the same if laid by any other person, shall be 
 borne. payable on demand to the said commission, cr if not so 
 
 paid, may be collected forthwith in the san)e manner as 
 water rates : Provided that in any one case the said 
 expense of superintending the laying of such service, if 
 laid by any othei- person as aforesaid, ahall not exceed one 
 dollar. 40 V. c. 39, s. 5. 
 
 Service pipes, 19. The service-pipe from the line of the street to th-j 
 stop cocks, interior face of the outer wall of the building supplied to- 
 gether with all branches, couplings, stopcocks and appara- 
 tus placed thereon by the commissioners, shall be under 
 their control ; and if any damage be done to this portion 
 of the service-pipe or its fittings, either by neglect or other- 
 ■ : wise, the commissioners may repair the same ard charge 
 
 the same to the occupant or owner of the premises ; the 
 stopcock placed by the ccmmissioners inside of the wall 
 of the building, shall not be used by the water tenant 
 except in cases of accident, or for the protection of the 
 building or the pipes, and to prevent flooding of premises. 
 35 V. c. 79, s. 19. 
 
 Taps. 20. All parties supplied with water by the commission- 
 
 ers, may be required to place only such taps for the draw- 
 ing and the shutting off the water as may be approved of 
 by the commissioners. 35 V. c. 70, s. 20. 
 
 Non-UabUity 2I. Neither the water commissioners nor the corpoi'a- 
 
 rea *8«-^Jqjj ^f ^^le city, shall be liable for damages caused by the 
 
 breaking of any service-pipe or attachment, or for any 
 
 shutting off of the water, to repair mains, or to tap the 
 
 pipes. 35 V. c. 79, s. 21 ; 37 V. c. 75, s. 3. 
 
 Right of ac- 
 cess. 
 
 22- It shall be lawful for the officers of the Water Com- 
 missioners and every person authorizo-l by them for that 
 purpose, to have free access ut proper hours of the day, and 
 upon reasonable notice given and request made for that 
 purpose to all parts of every building in which water is 
 
WATER WORKS. 089 
 
 delivered and consumed and also at the same hours and 
 with the like notice to enter into and upon the lands and 
 houses of any person or corporation for the purpose of 
 erecting water meteiij there'" "*• ' *"■"»• ♦he purpose of in- 
 specting or altering the same. 35 v . c. « 9, s. 22 ; 40 V. 
 c. 39, s. 6. 
 
 28. If any person or persons not being in the employ- Penalty for 
 ment of the water commissioners, or not being a member '"J""®"" 
 of the fire brigade of the said city and duly authorized 
 in tiiat behalf, shall wilfully open or close any hydrant, or 
 obstruct the free access to any hydrant, stopcock chamber, 
 or hydrant chamber by placing on it any building mate- 
 rial, rubbish or otherwise, every such person shall on con- 
 viction before any of Her Majesty's justices of the peace, 
 forfeit and pay for each offence, a sum not exceeding 
 twenty dollars for vvater works purposes, or in default oi 
 payment, be imprisoned in the gaol of the county for a term 
 not to exceed thirty days, and each time the said hydrants 
 are so interfered with, and each day said obstruction shall 
 continue shall be considered a separate offence. 35 V. c. 79, ' 
 
 s. 23. 
 
 34. A majority of said commissioners shall constitute Quorum. 
 a quorum for the transaction gf any business allowed or 
 required by virtue of this Act. 35 V. c. 79, s. 24. 
 
 A 25- The said commissioners shall have the full, entire Powers to 
 and eixlusive possession, control and management of the IJ|.osecute etc. 
 said lands and water works, and all things appertaining 
 thereto ; and shall and may in the name of the commis- 
 sioners of water works for the city of Toronto prosecute 
 or defend any action or actions, suit or suits, or process at <_ . ■ 
 
 law or in equity against any person or. persons for money 
 due for the use of the water, for the breach of any con- 
 tract, express or implied, touching the execution or man- 
 agement of the works or the distribution of the water, or 
 of any promise or contract made to or with them, and also 
 for any injury, damage, trespass, spoil, nuisance, or other 
 wrongful act done, committed, or suffered to the said lands, 
 works, water courses, sources of water supply, pipes, 
 machinery or any apparatus belonging to or connected < 
 with an}' part of the works, or for any improper use or 
 wasv.e of the water, or for anything otherwise arising out 
 of their said office as commissioners. 35 V. c. 79, s. 25. 
 
 26- The water commissioners are hereby empowered Powers of ex- 
 to arrange with the corporation, or with individuals for*«"*'°^'" 
 the extension of pipes in suburbs or partially built portions*" ' 
 of the city by allowing a deduction from the price charged 
 for the water to such extent as the commissioners shall 
 see fit on the cost of the said pipes when laid by the parties 
 
540 
 
 WATER WORKS 
 
 under the direction of the commissioners and subject to 
 their approval, or the coiniiiis.sioncrs may la}' the pipes 
 charging the said parties in addition to the usual water 
 rate a yearly interest upon the cost of such extension, 
 which interest or such portion thereof a.s shall then be due 
 shall be paid nt the same time, and collected in the fame 
 manner as the water rates. 35 V. c 79, s. 26. 
 
 Powers to 27. The water commissioner,s shall have power and 
 
 alcfe Toronto, authority to supply any corporation, person or persons 
 with water, although not being resident within the city of 
 Toronto, and nmy exercise all other powers necessary to the 
 carrying out of their agreements with such corporations 
 or persons as well within the townships of York, Scarbo- 
 rough, and Etobicoke, as within the city of Toronto ; and 
 they may also, from time to time, make and carry out 
 any agreement which they may deem expedient for the 
 supply of water to any railway company or manufactory 
 provided that no power or authority shall be exercised 
 under this clause withotit the consent and approbation of 
 » the corporation of the city of Toronto. 35 V. c. 79, s. 27. 
 
 Protection iu 28. The commissioners and their officers shall have the 
 
 *ffioe"^**^ like protection in the exercise of their respective officfed, 
 
 and in the execution of their duties as justices of the 
 
 peace now have under the laws of this Province. 35 V. 
 
 c. 79, s. 28. 
 
 Power to 
 issue deben- 
 tnrea. 
 
 29- For the purpose of consiructing the said water 
 works, and paying the interest on the said debentures dur- 
 ing the progress of the works and expenses attendant 
 thereon, or for the purpose of meet! rig the payment of any 
 other matter or thing contemplated or allowed by this 
 Act, the corporation of the city of Toronto, shall have 
 power to issue debentures of the said corporation of the 
 citj' of Toronto, to be called Water Works Debentures, 
 for a sum of money not exceeding two million dollars (b) 
 of lawful money of Canada, in such sums not less than 
 one hundred dollars, or twenty pounds sterling money 
 as shall to the said corporation seem expedient, which 
 debentures shall be made payable in manner and at the 
 times following, that is to say : within a period of thirty 
 years from the date of the respective issues thereof, and 
 shall bear interest after the rate of five, six or seven per 
 centum per annum, such interest to be payable half yearly : 
 and such debentures shall be signed by the mayor and 
 chamberlain of the said city for the time being, and may 
 be made payable either in sterling or currency in this 
 Province, Great Britain, or elsewhere, as to the council of 
 the corporation of the city of Toronto, shall seem expe- 
 dient or neces.sary ; and the said council of the corpora- 
 
 {b) The amount of debentures authorized by aH Vict. c. 79, a. 29 (Ont. ) 
 was ^500,000, which was increased to Jl, 100,000 by 37 Vict. c. 75, s. 4 
 (Ont.). See also 39 Viot. c. 64, s. 1 (Ont.), p. 546. 
 
WATKR WORKS. 
 
 041 
 
 tion of the city of Toronto and their successors shall, for 
 the purpose of providing a sinking fund for the payment 
 of tho said debentures us afoi'esaid, and the interest on 
 same semi-annually, raise annually after the completion of 
 the said works, or at the expiration of three years from 
 the date of the first issue of such debentures, such sura as 
 may be necessary to pay the interest upon and provide a 
 sinking fund to meet the whole of such debentures in full 
 as the same shall become due respectively, and shall order 
 a rate for that purpose, to be settled, imposed, and levied 
 in each and every year to pay said principal and interest 
 on such debentures ; and it shall not be necessary to ob- 
 tain the consent or approval of the Lieutenant-Governor 
 of this Province in Council, before contracting the said debt, 
 but the said debentures to be issued hereunder shall be 
 valid and effectual and binding to all intents and purposes 
 on the corporation of the city of Toronto, notwithstand- 
 ing any of the provisions of the Municipal Act, or of any 
 other Act or Acts in that behalf, have not been complied 
 with. 35 V. c. 79, s. 29 ; 37 V. c. 75, s. 4 ; 39 V. c. 64, s. 1. 
 
 30- Such debentures, when issued, shall be deposited in]^®*""8 "^^^^ 
 some of the chartered banks having an office at Toronto, * *" "'^*' 
 and the proceeds of such debentures shall be paid into 
 some chartered bank and kept separate from any other 
 funds of the said city, and the same shall only be paid 
 out on the cheque of the mayor and chamberlain, for the ' 
 time being, of the city of Toronto, and the chairman, for - 
 
 the time being of the said board of water commissioners 
 as may, from time to time, be required for the payment 
 and discharge of the liabilities that may be incurred in 
 carrying out the improvements contemplated by this Act, 
 and for the payment of interest accruing due on the said 
 debentures during the period of the erection and comple- 
 tion of the said water works ; Provided also that nothing 
 herein contained shall prevent the commissioners, should 
 they deem it advantageous so to do, from paying the con- 
 tractor or contractors or others, in debentures, either at 
 par or at such rate of discount as the commissioners shall, 
 in their judgment, deem advisable with the assMit of the 
 corpoi-ation of the city of Toronto thereto, nor from selling 
 or negotiating the same, as to them may seem most expe- 
 dient and advantageous to the interests of the city of 
 Toronto. 35 V. c. 79, s. 30. 
 
 -.:i 
 
 , 31. The said water works to be erected and constructed Preferential 
 under this Act, and also the land to be acquired for the '*"' 
 purposes thereof, and every matter and thing therewith ' 
 
 connected shall be, and they are hereby specially charged, 
 pledged, mortaged, and hypothecated for the repayment of 
 any sum or sums which may be borrowed by the said cor- 
 poration for the purposes of this Act, as well as for the 
 due and punetuii.l payment of the interest thereupon ; and 
 
 4 
 
542 
 
 WATER WORKS. 
 
 Application 
 of revenue. 
 
 all, each and every of the holders of the debentarcis in the 
 last previous section mentioned shall have a preferential 
 pledge, mortgage, hypothec or privilege on the said lands, 
 water works and property appertaining thereto for secur- 
 ing the payment of tne said debentures and the interest 
 thereon. 35 V. c. 79, a. 31. 
 
 82- That after the construction of the works all the 
 revenues arising from or out of the supplying of w^ater, or 
 from the real or personal property connected with the said 
 water works to be ncquired by the said corporation or 
 commissioners under this Act shall, after providing for 
 the expenses attendant upon the maintenance of the said 
 water works be paid over to and deposited quarterly with 
 the chainbarlain of the said corporation of the city of 
 Toronto, as hereinbefore provided, and shall make part of 
 the general funds of the corporation, and ma}' be applied 
 accordingly. 36 V. c. 79, s. 32 ; 37 V. c. 76, s. 5. 
 
 83. That nothing in this Act contained shall extend or 
 be construed to extend to diminish the power and authority 
 of the corporation aforesaid hereafter to borrow on the 
 credit of the said city, for the general uses and pur|K)ses of 
 the said city, as fully and effectually &s though the said 
 city were not indebted for the building of the water 
 works as aforesaid, or that debentures had not been issued 
 by them for the amount, or as if this Act had not been 
 passed, any AcL, statute, or law, or provision thereof to the 
 contrary notwithstanding. 36 V. c. 79, s. 33. 
 
 Taxation, ex- 34- The lands, buildings, machinery, reservoirs, pipes, 
 emption from. au(j q\\ other real or personal property connected with, or 
 appertaining or belonging to the water works, shall, from 
 henceforth, be exempt from taxation. 35 V. c. 79, s. 34. 
 
 Power'of the 
 city to bor- 
 row not di- 
 minished. 
 
 Actions, limi 
 tations of. 
 
 35. If any action or suit shall be brought against any 
 person or persons, for anything done in pursuance of this 
 Act, the samo shall be brought within six calendar montlis 
 next after the act committed, or in case there shall be 
 a continivation of damages, then within one year after the 
 original cause of such action arising. 35 V. c. 79, s. 35. 
 
 Officers to be 
 officers of the 
 peace. 
 
 36- The watchman and other oflScers of the water com- 
 missioners, when in discharge of their duty, shall be 
 ex officio possessed of all the powers and authority of 
 officers of the peace. 35 V. c. 79, s 36. 
 
 By-law for 37- This Act shall not have 8.ny force or effect until the 
 to'be'Tubmh- council of the corporation of the city of Toronto, shall 
 tedtoelen- pass a by-law authorizing the construction of the said 
 tors. water works ; and on the said by-law being finally passed, 
 
 it shall be law^ful for the mayor of the said city, and he is 
 
WATER WORKS. §4M 
 
 hereby authorized and required within fifteen days after 
 the passage of the said by-law, to issue his warrant, under 
 the corporate seal, requiring the senior returning officer 
 for each ward in the said city appointed to hold the last 
 municipal election for each of the said wards, or any other 
 person duly appointed to that oWce to hold an election of 
 the water commissioners for each electoral division of the 
 aaid city, each of whom shall be possessed in his own right 
 or in right of his wife of a legal or equitable freehold 
 within the city of Toronto, of the value of tliree thous- 
 and dollars, over and above all incumbrances ; or six 
 thousand dollars in leasehold estate, and who shall, before 
 taking office, make oath to such qualitication before some 
 justice of the peace of the city of Toronto, or in the 
 county of York, and those persons only who would be, by 
 the municipal law, authorized to vote at municipal elec- 
 tions for aldermen, shall be entitled to vote for the said 
 water commissioner in their electoral division ; the re- 
 turning officer shall hold such election at furthest within 
 eight Jays after receiving the warrant, and shall, at least, 
 four days before the election, post up a public notice thereof, 
 under his hand, in at least four of the most public places 
 in each ward for the electoral division in which the elec- 
 tion is to be held, and the proceedings ut any such election 
 shall otherwise be in accordance with the requirements of 
 Tfie Municipal Institutions. Act in case of municipal elec- 
 tions. 35 V. c. 79, 8. 37. 
 
 38> There shall be five commissioners, of whom the ComnuMiion- 
 mayor of the city of Toronto shall be ex officio one, and or'salary^to 
 four of whom shall be elected by the citizens, two from 
 each electoral division of the city of Toronto, as at pres- 
 ent defined, in manner and for the term hereinafter men- 
 tioned and provided, and each of whom during the con- 
 struction of the said works, shall receive the sum of one 
 thousand two hundred and fifty dollars per annum, except 
 the president or chairman of such commissioners, who 
 shall receive the sum of two thousand dollars per annum, 
 and who shall be elected from amongst the said commis- 
 sioners at the first meeting after their appointment or >, 
 election, by a vote of the majority of the said commis- 
 sioners ; and after the completion of the said works, 
 the remuneration of the said commissioners shall be 
 such as tne council of the corporation of the city of 
 Toronto may by by-law determine. 35 V. c. 79, s. 38. 
 
 39' The said water commissioners, except as herein xerm of oflSce 
 otherwise provided, shall hold office for the term of two and election 
 years, and shall be elected to the said office at the same gfongrs""'* 
 time and in the same manner as aldermen ; and all the 
 provisions and remedies of the several Municipal Acts, and 
 any amendments thereto, shall apply in all particulars, not 
 
'J^'-.^W 
 
 «44 
 
 WATKB WORKS. 
 
 inconsistent with this Act, as to elections, unseating, fillin(( 
 vacancies, grounds of disqualification, and such other pro- 
 visions as ma} be contained in such Acts ; Provided that 
 the commissioners first elected and appointed, as above 
 provided, shall hold office uqtil tne third Monday in Jan- 
 uary, A. D., one thousand eight hundred and seventy-four, 
 and theref^ter shall be elected every second year, except 
 the mayor for the time being, who shall thereafter be 
 appointed ex officio from year to year ; and any alderman 
 shall be eligible for election as a water commissioner, and 
 any water commissioner for alderman. 35 V. c. 79, s. 39. 
 
 Time for oom- 40> The said works shall be constructed, completed, or 
 pletion. finished within five years from the passing of the said 
 
 by-law by the said corporation of the city of Toronto 
 
 36 V. c. 79, s. 40 ; 37 V. c. 76, s. 9 (c). 
 
 Work to b« 41. All work under the commissionei-s shall be per- 
 by contract, formed by contract. 35 V. c. 79, s. 41. 
 
 No oommiti- 42> No commissioner or alderman shall personally have 
 into*e«ted**' ^^ ^^^^ *"^ contract in connection with said works, or be 
 
 directly or indirectly interested in the same or any of them. 
 
 36 V. c. 79, 8. 42. \ 
 
 When com- 
 miasionera 
 msy pur- 
 chase. 
 
 48> The said commissioners shall not purchase or 
 acquire any existing water works, or make any other 
 purchase where the amount involved shall exceed one 
 hundred thousand dollars, without the consent of the 
 council of the corporation of the city of Toronto. 35 V. 
 c. 79, 8. 43. 
 
 87 Viot. 0. 75 (Ont.) 
 
 An Act to amend the Act passed in the thirty-fifth 
 year of Her Majesty's reign, chaptered seventy- 
 nine, intituled " An Act to authorize the cor- 
 poration of the City of Toronto to construct 
 Water Works in the City of Toronto." 
 
 [Assented to 2Uh March, 1874.] 
 
 Uability for 
 ilamage done 
 to works. 
 
 6. All persons and corporations whomsoever who shall 
 by themselves, or their servants, or agents, by act, default. 
 
 (c) The time for the completion of the works was further extended until 
 Slst December, 1877, by 39 Vict c. 64, s. 4 (Out.), p. 547. 
 
WATER WORKS. 
 
 545 
 
 neglect, or omission, occasion nny loss, i]ama|;e, or injury 
 to the water works, or anv plant, machinery, fitting part, 
 or appurtenances thereof, shall be liable to the said corpor- 
 ation, or the said commission for or in respect of such 
 damage, loss, or injury ; and damages in respect thereof 
 may be recovered by the corporation of the city of Toronto, 
 by suit in any court of competent jurisdiction. 37 V. c. 75, 
 
 8.6. 
 
 7. No anchor shall at any time be dropped within aAnchor«n<»t 
 disUnce of fifty yards on either side of the line of buoys J"^^i~PP«'* 
 marking the position of the pipe across the harbour. 37 
 
 V. 0. 76. s. 7. 
 
 8. The said commission may set up in any house, build- ^*"gin«"'«- 
 ing, or place, and use a meter or meters for the purpose of "' 
 gauffing the quantity of water used in such house, building, 
 
 or place. 37 V. c. 75, s. 8. 
 
 10. The said corporation may, with the concurrence of Powe«- to sell 
 the said water works commission, sell and convey a"y AppHcaUou * 
 lands purchased for the said water works, but which shall of proceeiU. 
 cease to be required, or which they shall deem unnecessary 
 therefor, free from any charge, mortgage, or lien created 
 by said Act or this Act ; the proceeds arising from any 
 such sale to be added to and form part of the funds for the 
 construction of water works to be paid into some chartered 
 bank having an ofiSce in Toronto, and shall be expended 
 and paid out in the like manner, and for the like purposes, 
 as the proceeds of water works debentures under the pro- 
 visions of the said Act, passed in the thirty-fifth year of 
 the reign of Her Majesty, Queen Victoria, and chaptered 
 seventy -nine. 37 V. c. 75, s. 10 (d). 
 
 89 Vict. o. 64, (Ont.) ; 
 
 An Act to amend the Acts relating to the Toronto 
 
 Water Works. 
 
 [AsHcnted to lOth Fehmary, 1876.] 
 
 WHEREAS the corporation of the city of Toronto have Preamble., 
 petitioned for certain amendments to the Act passed 
 
 (d) Set 39 Vict a 64, as. 2, 3 (Ont.), p. 546. 
 

 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 1.0 
 
 HAL 
 
 IttlM |25 
 
 m 
 
 lU 
 
 111 
 
 14.0 
 
 IL25 mi 1.4 
 
 no 
 
 m 
 
 1.6 
 
 Fhotographic 
 
 Sciences 
 
 Corporation 
 
 33 WIST MAIN STRUT 
 
 WEBSTH.N.Y. USSO 
 
 (716)872-4503 
 
 iV 
 
 
 <> 
 
 
 
 ;\ 
 
 fe£±J 
 

 m 
 
 mM 
 
^^■^ 
 
 «46 
 
 WATBR WORK& 
 
 in the thirty- fifth year of Her Majesty's reign, chapt^ 
 seventy -nine, intituled An Act to authorize tne corpora- 
 tion oj tfut city of Toronto to construct Water Works in 
 the ^d^ of Torronto, and to amend the Act passed in the 
 thirty-seventh year of Her Majesty's reign, chaptered 
 seventy-five, intituled An Act to ammd Uie Act passed in 
 the thirty-fifth year of Her Majesty f^ reign, chaptered 
 seventy-nine : And whereas it is expedient to grant the 
 prayer of the said petition : 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of 
 Ontario, enacts as follows : — 
 
 Power to 
 issue debt !!• 
 tares. 
 
 1. The ("aid corporation of the city of Toronto shall, with- 
 out taking a vote of the ratepayers, have power from time 
 to time, or at any one time, to issue debentures in accordance 
 with the provisions of the said Act, passed in the thirty-fifth 
 year of the reign of Her Majesty, chaptered seventy-nine, to 
 an extent not exceeding in the whole nine hundred thousand 
 dollars in addition to the sum of eleven hundred thousand 
 dollars, mentioned in the fourth section of the said Act 
 passed in the thirty-seventh year of the reign of Her Majesty 
 and chaptered seventy-five (making a total sum hot 
 exceeding two millions of dollars), and all provisions of the 
 said Act chaptered seventy-nine shall apply to the said 
 debentures and to the holdei-s thereof, and to the sums of 
 money to be borrowed thereon, in the same way as if the 
 issue of the said debentures had been authorized by the 
 said Act, chaptered seventy-nine and the provisions thereof 
 had been made specially applicable to them, and all tbe 
 debentures issued under the said Acts, and this Act shall 
 rank equally and without priority as if all had l>een issued 
 at the same time. 39 V. c 64, s. 1. 
 
 :8ale of land 2- Upon any sale of lands imder the tenth section of the 
 ""7s'?'ift ■' ^'^ ^^^> c^apt®*^ seventy-five, the same when sold shall 
 be free from any charge, mortgage or lien created by this 
 Act, and the said recited Acts or either of them. 39 V. c. 
 64, s. 2. 
 
 •c. 75, s. 10. 
 
 ■Sale of land 
 under 37 V., 
 -«. 75, s. 10. 
 
 3. The corporation of the city of Torouto may make 
 sales of lands under the said tenth section of the said Act, 
 chaptered seventy-five, on credit, and may take back a 
 mortgage or mortgages thereon to secure the purchase 
 money or any portion thereof, and shall have all the rights, 
 powei-s and remedies whatsoever expressed in, or implied 
 by, or incident to every and any such mortgage as fully in 
 every event as if such mortgage had been made to a private 
 individual and this enactment shall apply to any sale made 
 prior to the pa.ssing of this Act. 39 V. c. 64, s. 3. 
 
WATER W0RK8. 
 
 .147 
 
 4. The time for the completion of the said water works ISxtanrion of 
 limited by the ninth section of the said Act, chaptered SSon or"" 
 seventy-five is hereby extended until ih^ tV.irty -first day water 
 of December, one thousand eisht hundibd and seventy- worki. 
 seven, and upon the said date tlie said commission and tne 
 powers and duties thereof shall cease and be determined, 
 and the said water works shall thenceforth be controlled 
 by a committee to be annually appointed for that purpose 
 by the corporation of the city of Toronto ; provided that 
 the provisions of this section, except as to the extension of 
 the time for the completion of the said works, shall not 
 take effect or come into operation unless and until on or 
 before the 30th day of November, one thousand eight 
 hundred and seventv-seven, the assent of the ratepayers 
 of the said city of Toronto, entitled to vote on by-laws 
 requiring the assent of the ratepayers, shall have been first 
 obtained thereto, by a vote taken thereon in the manner 
 prescribed by The Act respecting Municipal Institutions in 
 Ontario, for taking a vote on such by-laws. 39 V. c. 64, 
 s. 4; 40 V.c. 39, s. 7. 
 
 B.{d) All service pipes which maybe required shall hence- Service Pipea. 
 forth be constructed and laid down up to the outer line of 
 the street by the said commission, who shall be solely re- 
 sponsible for keeping the same in repair, and the owners of 
 the premises up to which the same may extend shall pay 
 to the commission the cost of constructing and laying down 
 such service pipe and such cost shall be a charge on said 
 premises and shall be payable to the commission on 
 demand, and if not so paid may be collected in the same 
 manner as water rents or i-ates. 39 V. c. 64, s. 6 ; 40 V. 
 c. 39, 8. 8. 
 
 7. The corporation of the city of Toronto shall have Consulting 
 
 power by resolution of council to appoint their city engineer to 
 
 • li.' • i«ii_'i •• the water 
 
 engineer as a consultmg engineer ot the said commission ^orks. 
 
 from the day of the passing of this Act to the thirty-first 
 day of December, one thousand eight hundred and seventy- 
 seven, and as the sole engineer of the said commission after 
 the said last mentioned date. 39 V. c. 64, s. 7. , 
 
 (d) Section 5, Sea 35 Vict. c. 79, s. 6 (Ont.), p. 533. 
 
«48 
 
 WATEB WORKa 
 
 40Viot o. 88(Ont) 
 
 An Act respecting the City of Toronto, the Toronto 
 Water Works and other matters. 
 
 [Assented to 2itid Marcht 1877.] 
 
 8S V. 0. 7»f •. %.{e) In addition to the powers conferred by the eleventh 
 11, unended. ggction of the [said] Act passed in the thirty-fifth year of 
 Her Majesty's reign, chaptered seventy-nine, the water 
 ^"terV** works commission for the city of Toronto are empowered 
 to oider*to*" ** proper hours of the day and upon reasonable notice 
 pUce meten, given and request made by them for that purpose, to place 
 conferred. meters upon' any service pipe or connection within or 
 without any house or building as they may deem expedi- 
 ent, and for this purpose or for the purpose of protecting 
 or of regulating the use of any such meter to set or alter 
 the position of the same or of any pipe conneciion or tap, 
 and to fix the price to be paid for the use of any such 
 meter, and the times when and the manner in which the 
 same shall be payable, and also to charge for and recover 
 the expenses of such alterations ; and such price and th^ 
 expense of such alterations may be collected in the same 
 manner as water rates. 40 V. c. 39, s. 9. 
 
 Penalty on al 
 tering meters, 
 
 10. Any person who shall wilfully alter any meter 
 placed as in the last section mentioned, so as to lessen or 
 alter the amount of water registered thereby or so as to 
 cause the quantity registered or used to be falsely indi- 
 cated, shall incur a penalty of not less than five dollars 
 nor more than one hundred dollars, to be recovered with 
 full costs on summary conviction before any justice oi the 
 peace for the city of Toronto or for the county of York, 
 and in case such penalty and costs are not paid forthwitl), 
 the justice may commit the offender to the common gaol 
 of the county of York for any period not exceeding thirty 
 days, unless the said penalty and costs are sooner paid. 
 40 V. c. 39, s. 10. 
 
 GitymayM- j| fhe corporation of the city of Toronto may at any 
 waterworks ^^^^ within three months after the passing of this Act 
 upon paying to the said water works commission the 
 sum of sixty seven thousand five hundred dollars, assume 
 and acqiiire for the general purposes of the said corpora- 
 tion, all the lands purchased for the said water works 
 from the City of Toronto Water Company and the Fumis^^s 
 family, excepting the Phoebe street property', and except- 
 
 commission 
 for city pur 
 poses. 
 
 (e) Sections 1, 2, 3, and 4, ittt note (a) p. 267. 
 5.Y8. Sections 7 and 8, see p. 547. 
 
 Sections 5 and 6, «ee p. 
 
WATER WORKik M9 
 
 inf; such portions of the said lands as have been heretofore 
 sold nnd conveyed, and thereupon such lands so assumed 
 and acquired shall be and remain vested in the said cor- 
 poration of the city of Toronto free from all rights and 
 claims of the said water works commission and free from 
 any mortgage or lien created by any of the Acts relating 
 to the said water works. 40 V. c. 39, s. 11. 
 
 12. If the said corporation of the city of Toronto doIf«M>*t»*«- 
 not assume and acquire the said land lb«- general pu^'poses J°™'|jj|5''"" 
 and pay the said amount to the water works commission 
 as provided in the last preceding section hereof, then it 
 sliall be the duty of the said corporation of the city of 
 Toronto to sell and convey the said lands or portions thereof 
 from time to time under and pursuant to the provisions of 
 the tenth section of the Act passed in the thirty-seventh 
 year of Her Majesty's reign, chaptered seventy-five, when- 
 soever they shall be required by the sa?'' water works 
 commission to do so, and to such persons for such prices 
 and upon such teruis as the said water works commission 
 shall require, unless and except in the case of any such salu 
 so required as aforesaid there be reasonable and good cause 
 for the said corporation refusing to make the Sbme, the 
 reasonableness and sufficiency of such cause to be determined 
 by the court of Chancery or any judge thereof upon the 
 application of any partj interested, in a summary way, or 
 by any court or judge having jurisdiction or power to 
 grant a mandamus to compel the making of such sale and 
 conveyance upon an application for a mandamus. 40 V. 
 c. 39. s. 12.(/) 
 
 < 41 Vict, a 41 (Ont) 
 
 An Act respecting the City of Toronto, and Toronto 
 Water Works. ■■^' 
 
 [Assented to 7th March, 1878.] 
 
 WHEREAS, the council of the corporation of the city Preamble, 
 of Toronto have petitioned the legislature for such 
 enactments as will remove all doubts respecting the powers 
 and duties, rights and privileges of the said corporation as 
 respects the control and management of the Toronto water 
 
 (/) For the remaining sections ot this Act, See p. 215, et leq. 
 
tion 
 
 650 WATKB WORKS. 
 
 works, under a committee of the council o be annually 
 appointed : And, whereas it is expedient to grant the 
 prayer of their petition ; * 
 
 Therefore Her Majesty, by and with the advice and 
 consent of the Legi.Hlative Assembly of the Province of 
 Ontario, enacts as follows : 
 
 Powers of the J All the powers and duties, rights and privileges con- 
 commiM^on feared upon, vested in and enjoyed, and exercised by the 
 vested in the water works commission for the city of Toronto, by and 
 j|]^ corpora- under the several statutes passed by the legislature of 
 the Province of Ontario in tnat behalf, namely : the Act 
 jpassed in the thirty-fifth year of the reign of Her Majesty, 
 chaptered seventy-nine, and intituled An Act to authonze 
 the Corp<y)ati<y)i of the City of TorottiG to constiiict Water 
 Works in the City of Tm'onto ; the Act passed in the 
 thirty-seventh year of Her Majesty's reign, chaptered 
 seventy' -five, intituled An Act to amend tfie Act passed 
 in the thii'ty-fifth year of Her Majesty's reign, chaptered 
 seventy-nine, intituled " An Act to authoi-ize the coi'pora- 
 tion of the City of Toronto, to construct Water Works in 
 the City of Toronto," the Act passed in the thirty-ninth 
 year or the reign oi' Her Majesty, chaptered sixty-four, 
 and intituled An Act to amend the Acts relating to the 
 Toronto Water Woi^ks, and the Act passed in the fortietn 
 - year of the reign of Her Majesty, chaptered thirty-nine, 
 and intituled An Act respecting the City of Toronto, 
 The To^onfo Water Works and other matter's, are to be 
 deemed and taken, as having become vested in the coi- 
 poration of the city of Toronto, on the thirty-first day of 
 December, one thousand eight hundred and seventy -seven, 
 . when the water works commission for the city of Toronto, 
 and the powei-s and duties thereof, under the provisions of 
 the said Act^s w^re determined, and ceased, leaving the 
 Toronto works to be controlled and managed by a com- 
 mittee appointed by the council of the corporation of the 
 city of Toronto, from their own members. 41 V. c. 41, 
 s. 1. 
 
 Confirmation 2- All the said acts of the said corporation of the city 
 h ^ ^1^* °^ Toronto, and of the committee so appointed to manage 
 mA commit- ^^^ '^^^ water works, so far as consistent with the pro- 
 tee, visions of the above mentioned statutes done by them or 
 either of them, since the said thirty-first day of December, 
 one thousand eight hundred and seventy-seven, in connec- 
 tion with the control and management of the said Toronto 
 water works are hereby confirmed. 41 V. c. 41, s. 2. 
 
 Corporation 3- From and after the date of the passing of this Act, 
 to have the the said corporation of the city of Toronto, shall have, 
 wi^r works" ^^^^> "s®» exercise, and enjoy all the powers and duties, 
 commission, rights and privileges, had, held and used, enjoyed and 
 
WATER WOKKS. Ml 
 
 exercit^ by tlie wat?r works commisHion for the city 
 of Toronto, under the provisions of the several stat- 
 utes above mentioned, prior to the thirty-firs^ day of 
 December, one thousand eight hundred and seventy-seven, 
 and hereafter in the reading and application of the said 
 several statutes, " the council of the corporation of the 
 city of Toronto," or " council," or " corpomtion," shall 
 and mny be substituted for the woi'ds, " the water works 
 commission for the city of Toronto," " water commis- 
 sioners," " commissioners," and " commission," where and 
 wherever it may be necessary to carr)' out the intention 
 of this Act." 41 V. c. 41, s. 3, 
 
 4- No person shall be held to be disqualified from being Taking water 
 elected or sitting as a member of the council of the cor- "*'**?*''■". 
 poration of the city of Toronto, by reason of his taking ^uncfl.**' 
 or using the water supplied by the Toronto water works, 
 or by reason of his having any contiact with the corpor- 
 ation of the city of Toronto, in respect of such taking or 
 using. 41 V. c. 41, s. 4. 
 
 47 Vict o. 59 (Ont) 
 
 An Act respecting the City of Toronto. 
 
 [Assented to 25th March, 1884.] 
 
 7. To secure additional pumping power and other im- By-laws may 
 provements now imperatively necessary in connection with ^ >"«<'« fo*" ' 
 the Toronto watev wcks; * * ♦ it shall and may 
 be lawful for the [said] council of the city of Toronto to 
 pass by-laws from time to time and as occasion may 
 require, without obtaining the assent of the electors thereto, 
 before the final passing thereof, for borrowing money by \, 
 
 the issue of debentures or city stock on the credit of the 
 city at large, to 'jhe amount and for the purposes following, 
 that is to say : , ; , - !^ 
 
 (1) To an amount not exceeding the sum of one hun- improving, 
 dred and sixty thousand dollars for the purpose of providing water 
 additional pumping power for and otherwise improving"""" 
 and perfecting the Toronto water works. 47 v. c. 59, 
 8-7,(1). ^ ,- - , , - ^ . . ^ ,, 
 
 , works. 
 
A58 
 
 WATKR WOKKS. 
 
 Pow«n^dt|r g. Provided, nothing in tbiM Act contained shall be con- 
 ^y'p^^^2^Btrued 80 as to take away or in any way abridge any 
 oithUAot. power's which the said council now has under 3%« CSdimo- 
 tidated Municipal Act, 1883, or under any special or pri- 
 vate Acts, to pass by-laws'without obtaining the assent of 
 the electors thereto before the final passing thereof, for 
 borrowing aioney on the credit of the city at large by the 
 issue of debentures or city stock for any of the purposes 
 mentioned in this Act or any of the said other Acts. 47 
 V. c. 59, 8. 8. 
 
 Act not to be 9. Provided always that nothing in this Act contained 
 aathoi^«' ^^""^^ ^ construed as authorizing an extension of the gen- 
 an extenaion eral city debt beyond the limits thereof fixed by the Act 
 of olty debt passed by the legislature of the Province of Ontario in 
 
 the forty-second year of Her Majesty's reign, chaptered 
 
 seventy-five. 4V V. c. 69, s. 9. 
 
 Act to be in< 
 oorporatod 
 with monid- 
 palandMMM 
 ment Aota. 
 
 10. This Act shall be deemed to be incorporated with 
 and as amending the general Municipal and Assessment 
 Acts and the amendments thereto, in so far as the same 
 relate to the city of Toronto. 47 V. c. 69, s. 10. 
 
 54 Vict. o. 82 (Ont.) 
 An Act respecting the City of Toronto. 
 
 [Assented to 4ith May, 1891.] 
 
 Transfer of U. The [said] corporation may transfer to the credit of 
 aurplns ^jjg general construction account of the water works de- 
 wa^^works partment of the said city any surplus moneys re!::>aining 
 «ooonnt on hand of the sum of $677,687 authorized by a vote by 
 the ratepayers entitled to vote on money by-laws to be 
 raised for certain specific purposes, as set forth in the re- 
 cital to by-law 2310 of the said corporation, printed (in 
 pai-t) as schedule " B " hereto. 64 V. c. 82. s. 11. 
 
WATER WORKS. 
 
 559 
 
 SCHEDULE "B." 
 
 (iSwtion II.) 
 
 No. 2310. A. by-law to provide for the issue of " general 
 consolidated loan three and one-half per cent, deben- 
 tures " to the amount of 9577,587 for certain perma- 
 nent improvements by way of additions and increases 
 in the Toronto wat')r-wcrks. 
 
 Whereas * * * it is expedient and necessniy to raise 
 by loan on the credit of the Haid city the sum of $577,587 
 for the purpose of eflectin^ certain permanent improve- 
 ments in said city, beinj; in the nature of additions to 
 and increases in the water-works service of the said city, 
 together with interest thereon at the rate of three and one- 
 half per cent per annum for forty years ; and wherens the 
 cost of the said improvements ($577,587) is made up ns fol- 
 lows : (1) The approximate cost of a new four- foot conduit 
 pipe with cast-iron tank and connections with a six-foot 
 wooden conduit pipe on the Island $284,337. (2) The ap- 
 proximate cost of the extension of a thirty-six inch 
 pumping main from engine, house connecting with the 
 twenty-four inch main on Front street and the thirty- 
 inch main on Wellington street, $25,000. (3) Twelve- 
 inch distributing mains on Queen street, Yonge street, 
 College street, Gerrard .street, Eastern avenue, Leslie 
 street, Broadview avenue, Dupont street, Jarvis street, 
 and Adelaide street, $166,250. (4) Two two-million 
 gallon engines, enlarging ehgine house, and other works 
 at high level pumping station, $102,000. Total, $577,587 : 
 And whereas it will require the sum of $20,215.55 to be 
 raised annually for a period of forty years, the currency 
 of the debentures to be issued under and by virtue of 
 this by-law, to pay the interest of the said debt, and 
 the sum of $4,331.90 to be raised annually during the same 
 period for the forming of a sinking fund of three-fourths 
 of one per centum per annum for U^e payment of the debt 
 created by this by-law, according to the provisions of the 
 above recited Act, making in all the suta of $24,547.45 to 
 be raised annually as aforesaid ; and whereas it is necessary 
 that such annual sum of $24,547.45 shall be raised and 
 levied in each year during the said period of forty years 
 by a special mte sufficiept therefor on all the ratable pro- 
 perty ui the municipality of the city of Toronto. 
 
 Therefore, etc. 
 
 54 V. c. 82, Sched. B. 
 
 70 
 
^^?^^r 
 
 M« 
 
 YORKVILLE. 
 
 yorkvuiLB. 
 
 Paub. 
 1. Annexation to the City 6S4 
 
 3. Dkbt ANit Dbbbntdru 5S8 
 
 S. Water Workh 062 
 
 4. S0H00L8. ^e« SoHooui. 
 
 1. ANNEXATION TO THE OITT. 
 46 Viot. o. 46 (Ont) 
 
 An Act respecting the City of Toronto and the Vil- 
 lage of Yorkville (a), and other matters. 
 
 [Assented to 1st Febi'umn/, 1883.] 
 
 Pnamble. T17HEREAS the corporation of the city of Toronto and 
 f f the village of Yorkville by their petitions have 
 represented that it is desirable to annex the village of 
 Yorkville to the city of Toronto, and provide for future 
 extension of the limits of the city of Toronto, and whereas 
 it is expedient to grant the prayer of the said petitions ; 
 
 Therefore Her Majesty, by and with the advice and con- 
 sent of the Legislative Assembly of the Province of Ontario, 
 enacts as follows : 
 
 the ward of 
 8t Paul, 
 
 Village of 1- All that part of the township of York, in the county 
 
 Yorkville an- of York, heretofore compiised within the limits of the vil- 
 ronto M J° ***® °^ Yorkville set forth in the proclamation dated at 
 new ward, to Quebec the twenty -'hird day of April in the year of our 
 be fcttown " Lord one thousand eight hundred and fifty-two, as follows, 
 that is to say : — Commencing at the south-west angle of 
 lot number twenty-two in the second concession from the 
 Bay in the township of York, thence along the westerly 
 limit of the said lot northerly seventy-two chains twenty- 
 three links, thence on a course parallel to the front of the 
 said concession easterly to Yonge street, thence along the 
 westerly limit of Yonge street southerly to the limit 
 between lots numbers seventeen and eighteen on the 
 easterly side of Yonge street produced, thence, across Yonge 
 street to the easterly limit thereof, thence along the limit 
 between lots numbers seventeen and eighteen aforesaid 
 easterly forty-one chains ten links, thence soiatherly on a 
 course parallel to Yonge street across lots eic{hteen, nine- 
 teen and twenty on the easterly side of Yonge street to the 
 allowance for road between the first and second concession 
 from the Bay, thence along the northerly limit of the 
 allowance for road aforesaid westerly to the placi of begin- 
 ning, is hereby annexed to and shall be henceforth included 
 
 * ' 
 
 (a) The village of Yorkville was.t corporated on lat January, lSo3, by 
 proclamation dated 23rd April, 1852 and its boundarieB were defined as in 
 aection 1 of this Act. 
 
mmm 
 
 ■■■ 
 
 TOKKVILLB. 5fi5 
 
 within the limit8 of the city of Toronto (which limitfi are 
 hereby extended m> a» to include the Manic), and shnll con- 
 stitute a new ward of the city of Toronto, to be ](nown aa 
 the ward of St Paul, subject to the same proviHionM of law 
 an if such nddition had been made under the Act rcH|)ect- 
 ing municipal institutions in the Province of Ontario and 
 amendments thereto, except in so far as the same are incon- 
 sistent with the provisions of this Act. 4G V. c. 40, s. 1. 
 
 2- The assessment rolls and voters' lists of the villiUjre of Anwjatnent 
 of Yorkville for the year one thousand eight hundred and to"« »}»<} 
 eighty two, as finally revised for that year, ai-e hereby con- \\,^i[vnie**for 
 firmed, and the council of the corporation of the city of I882 con 
 # Toronto is, subject to the other provisions of this Act in fi"«>«<l. i"»«l 
 that behalf hereby authorized to adopt the same by by-law {J.^'IhIIs '**'"" 
 to be passed for that purpose ns and for the assessment authuriMHl. 
 rolls and voters' lists for the ward of St Paul for the year 
 Oiie thousand eight hundred and eighty-three, and no 
 further or other assessment for the said ward of St. Paul 
 for the year one thousand eight hundred and eighty-three 
 need be made. 46 V. c 46, s. 2. 
 
 8- The reeve and two deputy-reeves elected for the Reeves and 
 village oi' Yorkville at the municipal elections held for the J^J^'^y^'^^j'^^" 
 
 ^ear one thousand eight hundred and eighty-three, shall elected in 
 0, and they are hereby declared to be, the three alder- 1883 to be 
 men for the said ward of St. Paul for the year one thou- *•>« ftWe'njen 
 sand eight hundred and eighty-three, after this Act shall of ,st^ I'u^ili. 
 come into force. ' - 
 
 (2) Immediately after this Act comes into force the School trui- 
 necessary proceedings shall be had and taken for the elec- ****• 
 tion of two public school trustees for the said ward of St, 
 Paul under tne provisions of the statutes in that behalf, 
 providing for the filling of vacancies occurring during the 
 year, and the trustees elected at such election shall serve 
 as public school trustees on the public school board for the 
 city of Toronto, one for the balance of the current year, 
 and one for the balance of the current year and one year 
 thereafter ; the order of their retirement to be determined 
 by lot between them and recorded by the secretary of said 
 public school board at the first meeting thereof to be held 
 after such election shall have taken place. 46 Y. c. 46, s. 3. 
 
 4. All property, both real and personal, of whatsoever All property 
 nature and kind, and wheresoever situate, and all <leeds,°| yoKville" 
 books, papers, writings and other documents belonging w vested in the 
 or under the control of or in the possession of the council corporation of 
 of the corporation of the village of Yorkville, or of any '''o»out«»- 
 officer, servant, or agent of the said corporation, are 
 hereby declared to be the property of the corporation of 
 the city of Toronto, and shall forthwith be delivered 
 to such persons and officials as the council of the corpora- 
 
556 
 
 TOHKVILLIC. 
 
 Toronto to hn 
 lUble for 
 debt* Mid oh- 
 litfationi of 
 \V>rkvni«. 
 
 tion of the city of Toranto shall appoint for that purpoM. 
 46 V. c. 4C, H. 4. 
 
 5- All exixtinff liabiliticH, lawful debts and obligationH of 
 the village of Yorkville, and nlsu all Huch portionn of the 
 liabilities, debtH or other obligations of the county of York 
 as the Kaid village of Yorkville would have to bear or 
 sustain if this Act had not been paHned, including the pro- 
 portion now payable under the Hpccial agreeniont between 
 the corporation of the county of York and the corrioni- 
 tion of the city of Toronto, providing for the adminiHtra- 
 tion of justice and the maintenance of the sourts, arc 
 hereby declared to be the liabilitieH, debts and obligations 
 of the corporation of the city of Toronto, and nhall be met, 
 dischargee!, observed, and kept by the corporation of the 
 city of Toronto, according to the nature thereof, as if the 
 same had been originally incurred or entered into by the 
 corporation of the city of Toronto. 40 V. c. 46, s. 5. 
 
 Added lands 6. Nothing in this Act contained Hhall exempt any part 
 
 "Cr 'T ''^""' °^ lands so added to the city of Toronto aforesaid from 
 
 ooii'^c'tod* by lial'ility from the debts and obligations contracted before 
 
 township or the passing of this Act by the county or township or 
 
 other municipality of which the said lands formed a part, 
 
 or from any special rate or assessment imposed thereon! or 
 
 on any part thereof by any by-law heretofore passed by 
 
 the council of the said village of Yorkville, and all such 
 
 by-laws are hereby confirmed. 46 V. c. 46, s. 6. 
 
 Obligation of 7- All sureties for the several officials of the village of 
 
 ""v^* P"' Yorkville shall be and remain liable as if they had become 
 
 sureties for such officials to the city of Toronto in the 
 
 first instance, and all bonds and sureties which shall have 
 
 been given to the said village of Yorkville at any time 
 
 before this Act comes into force shall enure to the benefit 
 
 of the corporation of the city of Toronto, and the said 
 
 > .' corporation shall have all the rights and remedies thereto 
 
 ana thereunder and be entitled to recover thereon to the 
 
 same extent and under the like circumstances as the said 
 
 , village of Yorkville could have done had it remained a 
 
 separate municipality. 46 V. c. 46, s. 7. 
 
 Settlement 8* The councils of the corporation of the city of Toronto 
 ^ °1**"" ^^- and the county of York respectively are hereby authorized 
 
 tweenthe 
 county of 
 
 county, or 
 from special 
 rate. 
 
 to settle and agree upon all questions, claims, demands or 
 disputes now existing between the said village and county 
 York and the councils, or which may arise out of the annexation of the 
 Yor^viUe. ^^^ village of Yorkville to the said city of Toronto, but 
 in the event of the said councils not being able to so 
 agree, then all such questions, disputes, claims and demands 
 shall be determined by arbitration under the provisions of 
 The Municipal Act in that behalf. 46 V. c. 46, s. 8. 
 
 1 
 
TORRVIIJJL 
 
 657 
 
 9> The council of the corporation of the city of Toronto PiotrWon for 
 and the councrlH of the neveral incorporated villngeH now "^JilJ^^i^ 
 exiNting, or which may hereafter exist, in the township of vUUgM ad- 
 York, situate adjacent to the limitN of the city of Toronto, J»o«>t ^ '^'** 
 are hereby neverally authorized and empowered to enU-r ^"^^t^'^nit^, 
 into 8uoh arrangements as may be necessary, upon huc)) ^ytn. 
 terms as may be agreed upon, for the annexation of the 
 territory comprised within the limits of any .such incor- 
 porated village to the city of Toronto, but no such annex- 
 ation shall take effect until the same shall have been sub* 
 mitted to and approved of by the vote of the fioeholdors 
 ot sucu village entitled to vote at municipal elections iih 
 and when the council of such village may determine, but 
 always under the provisions of Tlie Municipal Act in that 
 behalf. W V. c. 4G, s. 9. 
 
 10. In the event of the aimcxation of any such incor- Annexation 
 porated village to the city of Toronto having ^""^'^n^iam^. 
 approved of in manner provided in the last precedm{» f"" on of Lieut - 
 tion, the same shall be effected by pioclamation of theUnvernor. 
 Lieutenant-Governor in Council, who may issue his pro- 
 clamation under the provisions of The Municipal Act 
 annexing any such village to the said city. 46 V. c. 4U, 
 8. 10. 
 
 11- Such proclamation shall name a day when the, same Proulamation 
 shall take effect, and from which such village shall cease <■« ""I".® * ''*y 
 to exist as a separate municipality. 46 V. c. 46, s. 1 1. vinago^shaU* 
 
 cease to lie a 
 
 13. On and after the day named in any such proclama- separate mu- 
 tion for the annexation of any such incorporated village to """P* ' ^' 
 the city of Toronto to take effect, the tnird fourth, fifth, sections 2-8 
 sixth, seventh and eighth sections of this Act, except in so of t'*'" Act to 
 far as the same shall have been varied by any agi'eement^l^^f^^^^jjj'g 
 in that behalf made between the council of the corpora- day named in 
 tion of the city of Toronto and the council of any such proclamation 
 incorporated village, shall so far as applicable apply to^^^^Pfj^y *"* 
 such village and to the corporation thereof as if the same agreement. 
 had been expressly named in the said sections of this Act 
 instead of the saiu village ot Yorkville or the corporation 
 thereof, as the case may be, and the then last revised assess- 
 ment rolls and voters' lists of such village rirstly in this 
 section above mentioned may be adopted by the council 
 of the said city by by-law to be pas-sed for that purpose, 
 as and for the then last revised assessment rolls and voters' 
 lists of the city of Toronto for that part thereof included 
 within the limits of such addition, and the same shall be 
 valid end binding for all purposes, until supeisejed by new 
 assestsment rolls and voters' lists thereafter made in con- 
 formity with the several Acts in that behalf. 40 V. c. 46, 
 
 S. 12. 'V": 
 
558 
 
 TORKVILLE. 
 
 City of To- 13. The council of the corporation of the city of 
 
 liunw roads Toiorto shall, so soon as any addition is made to the sold 
 
 uid bridges city uuder the provisions of this Act, by by-law from time 
 
 within pre- to time take possession of and assame all roads and bridges 
 
 limit* *^®'"S the propertjr of and belonging to the county of 
 
 York, situate within the limits of any such addition when 
 
 so made as aforesaid, subject however to the right of the 
 
 said county to receive proper compensation therefor, and 
 
 in the event of the said council not being able to agree 
 
 with the said county on the amount of compensation for 
 
 any such road or bridge, then and in every such case such 
 
 compensation shall be determined by arbitration under the 
 
 provisions of Tlic Municipal Act in that behalf. 46 V. 
 
 c. 46, s. 13. 
 
 Oratuity to 14. Any sum of money heretofore granted by the couu- 
 vKto be"in' ^^^ ^^^^^ corporation of the village of Yorkville to William 
 eluded in ' H- Archer, the clerk of the said council, and not exceeding 
 his aggregate salary or other remuneration for the three 
 years of his service next prior to "le passing of this Act, 
 shall be considered one of the liabilities and legal debts ot 
 the village of Yorkville, and shall be paid by the corpora- 
 tion of the city of Toronto, as provided for by section five 
 of this Act. 46 V. c. 46, s. 14. \ 
 
 liabilities of 
 Yorkville. 
 
 2. DEBT AND DEBBNTUEES. 
 
 J 27-28 Vict. o. 76. . • 
 
 An Act to authorize the Corporation of the Village 
 • of Yorkville, to issue Debentures for redeem- 
 ing their outstanding Debentures, for which 
 no Sinking Fund has been set aside. 
 
 " [Assented to SOth of Jmie, lHQ4i.] 
 
 . ■ " . ' Effete. / ^ '' '-''^ , 
 
TORKVILLE. 
 
 51* 
 
 45 Viot. o. 48 (Ont.) 
 
 An Act to Consolidate the General Debenture 
 Debt of the Village of Yorkville. 
 
 [Assented to 10,/t March, 1882.] 
 
 WHEREAS the corporation of the village of Yorkville, P>«i2?hle. 
 by their petition, have represented that they have 
 incurred* a general debenture debt to the amount of one 
 hundred and forty-three thousand seven hundred and 
 sixty-one dollars, secured by the debentures of the corpo- 
 ration, and have prayed that the said debenture debt may 
 be consolidated, and that they may be authorized to issue 
 debentures for that purpose, less the sum of thirty-one 
 thousand three hundred and seventy dollars, being the 
 amount now at the credit of the sinking fund in respect 
 of said outstanding debentures, and which last mentioned 
 amount is to be applied to the TuU extent thereof towards 
 payment of said outstanding debentures ; 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 i 
 
 Ontario, enacts as follows : — , , ^i 
 
 1. The said general debenture debt of the corporation of Debts oonsoll- 
 the village of Yorkville is hereby consolidated at the sum <l»t«d »* tto 
 of one hundred and forty-three thousand seven hundred |"^ yg, 
 and sixty-one dollars, and it shall and may be lawful to 
 and for the said corporation of the village of Yorkville to , , 
 raise by way of loan, upon the credit of the debentures - 
 
 hereinafter mentioned, and by this Act authorized to be 
 issued, from any person or persons, body or bodies corpo- p^^er to 
 rate, either in this Province, in Great Britain, or elsewhere, borrow, 
 who may be willing to leml the same, a sum of money not 
 exceeding one hundred and twelve thousand three hundred 
 and ninety-one dollars of the lawful money of Canada, 
 said la«*t mentioned sum being the amount of the said 
 existing general debenture debt less the amount mentioned 
 in the preamble to this Act as now standing to the credit 
 of the sinking fund in respect thereof. 45 V. c. 48, s. 1. 
 
 2- It shall and may be lawful for the said corporation Anthority to 
 of the village of Yorkville to pass a by-law or by-laws, pass by-law 
 authorizing the said loan of one hundred and twelve <ihous- ^"^"J^^^ 
 and three hundred and ninety-one dollars, and the issuing 
 of the debentures therefor, in accordance with this Act, 
 and to impose in and by said by-law or by-laws, a special 
 rate per annum, on the whole ratable property of the said ' p. 
 municipality, to be called " The Consolidated General De- ~ 
 
 benture Loan Rate," over and above and in addition to all - 
 
560 
 
 TORKVILLB. 
 
 Aaentof 
 electors to 
 by-laws not 
 required. 
 
 other rates to be levied in each year, which shall be duly 
 levied in each year, nnd shall be sufficient to pay the sums 
 falling due annually, for interest, and to provide a fund for 
 the due payment of the principal, when the same shdll fall 
 due, of the said debentures last mentioned. 45 V. c. 48, 
 S.2. 
 
 8- It shall not be necessary to obtain the nssent of the 
 electors of the said village to the paasing of any by-law 
 under this Act, or to observe the formalities in relation 
 thereto prescribed by The Afunidpal Act. 45 'V. c. 48, 
 
 B.3. 
 
 / 
 
 Debei^res 4 jj gj|„]] g^^d may be lawful for the municipal council 
 
 toiSie amount®^ the said corporation of the village of York ville, after 
 
 of 9112,301. the passing of such by-law or by-hvws authorizing the 
 
 same, in accordance with this Act, to cause to be issued 
 
 debentures of the said corporation, under the corporate 
 
 J. seal, signed by the reeve and countersigned by the Treasurer 
 
 of the said village for the time being, for such sums not 
 
 exceeding in the whole the said sum of one hundred and 
 
 twelve thousand three hundred and ninety-one dollars as 
 
 the said council shall direct and appoint, bearing interest 
 
 at a rate not to exceed six per centum per annum, payable 
 
 half yearly. 45 V. c. 48,. a 4. 
 
 Debt'iitures, 5- The principal sum to be secured by the debentures 
 how'^p^able ^ ^® issued imder the preceding section of this Act shall 
 ■ be r>ayable either in sterling or currency, and the same, 
 with the interest accruing thereon, may be made payable 
 ' either in this Province, in Great Britain, or elsewhere, as 
 
 the said council may, by the by-law or by-laws direct or 
 shall deem expedient, and a portion of the said debentures 
 issued under any such by-law shall be made payable in 
 each year, for forty years from the time at which the by- 
 law authorizing the issue of the same shall take effect, and 
 so that the sums to be levied for principal and interest 
 shall be as nearly equal in each year as may be, and it 
 shall not be necessary to levy for or provide any sinking 
 fund to retire the said debentures. 45 V. c. 48, s. 5. 
 
 Applicatioa 6. The funds derived from the negotiation and sale of 
 of proceeds, ^j^g debentures authorized by this Act, together with the 
 said sum of thirty-one thousand three hundred and seventy 
 dollars now at the credit of the sinking fund mentioned in 
 the preamble to this Act, .shall be applied in and to the 
 payment of the said existing general debenture debt of 
 one hundred and forty-three thousand seven hundred and 
 sixty-one dollars, and not otherwise, and shall for that 
 purpose be deposited unti' requiretl in the agency of a 
 chartered bank of Canada, at the village of Yorkville, or 
 elsewhere in this Province, or invested in government 
 
TORKVIUiB. 
 
 6«1 
 
 pures 
 |e in 
 
 and 
 
 ^rest 
 
 }(1 it 
 
 iking 
 
 kd in 
 
 seourities or stock, either of the Dominion of Canada or 
 the Province of Ontario, upon such terms as the said muni- 
 cipal council, and such bank ur government shall from 
 time to time affree upon, or in rmch other securities as may 
 be authorized T>y the Lieutemuit-Qovemor in Council, and 
 shall only be withdrawn therefrom as the same may be 
 require! from time to time for the payment and redemp- 
 tion of the said outstanding debenture debt and other 
 liabilities, or any part thereof, and not otherwise. 45 V. 
 c 48, s. 6. 
 
 7. The treasurer of the said village shall, on i-eceiving Oatatanding 
 instructions from the said council so to do, from time to***^?*"*^ , 
 time, but only with the consent of the holders thereof, call^^^ 
 
 in anj of the said outstanding debenture" and liabilities, 
 specialty provided for by this Act, and shall discharge and 
 satisfy the same with the funds raised under this Act, and 
 out of the moneys standing to the credit of said sinking 
 fund as aforesaid, or may, with the like consent, substitute 
 therefor the said debentures, or any of them above autho- 
 rized to be issued by this Act, upon such terms as may be 
 agreed upon between the said council and the said holders 
 of said outstanding debentures. 46 V. c. 48, s. 7. 
 
 8. Any by-law to be passed under the second section 0^?^*'*''^^*'' 
 this Act, and in pursuance of the provisions of this Act, u^tif^ebt 
 authorizing the said loan, shall not be repealed until theutisfied. 
 debt created under such by-law, and the interest thereon, 
 
 shall be paid and satisfied. 45 V. c. 48, s. 8. - 
 
 9. The said municipal council shall, and it shall be thelpvMtmentof 
 duty of the treasurer of the said village for the time being, •"''^8 '"•"*• 
 to mvest from time to time, all moneys raised by the 
 
 special rate provided by this Act, and the by-law or by- 
 luws imposing the same, or derived from the investment 
 of the said moneys as hereinafter mentioned, less the 
 interest, payable in respect of the said debentures, to be 
 issued in pursuance of tnis Act, for the then current year, 
 in either the bank or government securities mentioned in 
 the sixth section of this Act, as the said council shall 
 direct, and upon such terms as the said council and bank 
 or government shall agree upon, or on such other securities 
 as may be authorized by the Lieutenant-Governor in 
 Council ; and such moneys shall only be withdrawn there- 
 from as the same may be required fro.a time to time tor 
 the payment and redemption of the said last mentioned 
 debentures, or the said outstanding debentures and other 
 liabilities or any part thereof, and to apply the residue of 
 such moneys from time to time to the payment of the 
 interest on the said debentures, and not otherwise, nor for 
 any other purpose whatever. 45 V. c. 48, s. 9. - 
 
 71 
 
ftei 
 
 TOBKYIXXI. 
 
 Inoonaiatont 
 proTinona in 
 mnnioipftl 
 Kota not to 
 •ppl/. 
 
 Ir-Mularity 
 iH>tio naaer 
 by-law or 
 debentniM 
 inTalid. 
 
 LiaibiUty of 
 corporation 
 not dia- 
 ohaiged. 
 
 Proviao aa to 
 ontatanding 
 achool 
 debenturea. 
 
 iOi Any {Hroviaions in ihe Acts respeotuw mnnioipa] 
 inMtitntions m the Province of Ontario, whi<m are or may 
 be inconsistent with the provisions of this Act, or any of 
 them, shall not apply to the by-law or by-laws to be passed 
 by the s«ud corpom^on under the provisions of this Act, 
 and no irregularity in the form, either of the said deben- 
 tures, authorized to be issued by this Act, or of the by-law 
 or by-laws authorising the issuing thereof, shall render the 
 same invalid, or ill^[d, or be allowed as a defence to any 
 action brought asainst the said corporation for the recovery 
 of the amount of the said debentures and interest, or any 
 or either of them, or any part thereof. 45 V. c. 48, s. 10. 
 
 U. Nothing in this Act contained shall be held or taken 
 to discharffe the corporation of the village of Torkville 
 from any mdebtedness or liability which may not be in- 
 cluded in the said debt of one hundred and forty-three 
 thousand seven hundred and sixty-one dollars. 45 V. 
 c. 48, s. 11. 
 
 12. Notwithstanding anything in this Act contained, 
 all of the said now outstanding debentures, which are 
 public school debentures, or which have been issued for 
 public school purposes, or which are debentures for or 
 towards the payment of which the supporters of separate 
 schools or their property in the said village of Yorkville are 
 not now liable or compellable to be rated or assessed shall 
 be provided for, retired and paid in all respects as if this 
 Act had not been passed. 45 V. c 48, s. 12. 
 
 3. WATER WORKS. - 
 
 85 Vict o. 81 (Ont.) ; 
 
 An Act to incorporate the Yorkville Water Works 
 
 Company. 
 
 K - X 
 
 [Assented to 2nd March, 1S72.] 
 
 ■ ■ ■ ".■' ■ 
 
 t. ■' 
 
 1 , 
 
INDEX. 
 
 )rks 
 
 Paqb. 
 AQRICULTURE AND ARTS. 
 
 City oonstituted «n Electoral Diatriot for enconngement of. 
 
 See R. S. O. (1887), c 30, a. 57 (2). 
 Amoant of grant 1 
 
 ALDERMEN. 
 
 Payment of saUriea to 1 
 
 Reduction in nnniber of, upon redivision of city into six warda 34 
 
 ARBITRATIONS. 
 
 For compensation for lands taken by city. See 55 V. c. 42, s. 487> 
 
 ARGONAUT BOAT HOUSE CO. 
 
 Acquisition of property of, under Esplanade Tripartite agreement . . 201 
 Text of agreement respecting conveyance of property to C. P. R. . . . 204 
 
 ASHBRTDOE'3 BAY. 
 
 Marsh lands adjacent to, may be reclaimed 9 
 
 Coat of reclamation of marsh lands 3 
 
 Rights of Province in marsh lands reserved in patent to remain 3 
 
 City may contract with "The Ashbridge's Bay Improvement Com- 
 pany " for reclamation of lands and exempt same from taxation. 3 
 Contracts and agreements to be subject to approval of 
 
 '^ ^ ' Lieutenant-Governor in Council 4 
 
 i-. '.. Authority to issue debentures to defray coat of improving 4 
 
 See Marsh Lands. • 
 
 ASSESSMENTS. A 
 
 Certain assessments legalized by Acts passed in 1865 and 1866 6 
 
 " Time for makins annual assessment, power of city tofix 6 
 
 Confirmation of assessment by York township for 1887, of lands 
 annexed to city 9 
 
 ASSETS AND LIABIUTIES. 
 
 Statement of, to be prepared annually by treasurer, and may be 
 
 inspected by ratepayers 10 
 
 Statement to be submitted to Bureau of Industries 10 
 
 AUDITORS. 
 
 Appointment of 10 
 
 Duties of ■:.% 10 
 
 To report specially any illegal expenditures 10 
 
 BAY STREET RAILWAY CROSSING. 
 
 Protection of 193 
 
 BELL Telephone company. 
 
 Dommion Act of Incorporation (1S80). 
 
 Powers of company to construct and maintain lines 519 
 
 Height of poles 619 
 
 Cutting down trees . 519 
 
 Work of erecting poles or laying wires to be done under municipal 
 
 supervision 519 
 
 Effect of future legislation on rights of company 520 
 
 Wires may be cut to facilitate extinction of fires 520 
 
 Penalty for malicious injury to property of company 620 
 
 Penalty for intercepting messages transmitted over lines 520 
 
 Ontario Act conferring powers upon (1882). 
 
 Powek to construct and maintain lines 521 
 
 Public right of travelling on highways not to be interfered with 621 
 
 ,. .... Height of poles 621 
 
i . 
 
 564 INDEX. 
 
 Paoi. 
 BELL TELEPHONE COMPANY.- ConltHued. 
 
 Erection of pole* on streeta where other poles are already atanding . . 6S1 
 
 Cutting down or mutilation of trcea S21 
 
 Work of erecting poles and laying wires underground to be done 
 
 under municipal supervision 881 
 
 * Surface of streets after laying wires undersround to be restored. . . . Ml 
 
 Wires may be cut to facilitate extinction offires 021 
 
 Acquisition of real estate for purposes of company S22 
 
 Limitation as to quantity of real estate to be acquired by company. . 08S 
 
 BELT LINE RAILWAY COMPANY. 
 
 Agreement for right of way aver Don improvement 139 
 
 Agreement confirmed 180 
 
 Text of agreement 181 
 
 BERKELEY STREET. 
 
 Closing and deviation at intersection with Esplanade street 191 
 
 BLOOR STREET.— fi^ee CiTT BovKDARin. 
 
 BOWES PROPERTY. 
 
 Description of 42 
 
 Sale of, form of contract, and application r\f proceeds 43 
 
 BRIDGES AT RAILWAY CROSSINGS. 
 
 Provisions relating to construction of 119 
 
 5ee Parkdalr. 
 
 BROCKTON. 
 
 Annexation of 23 
 
 Confirmation' of certain local improvement by-laws passed by council 
 
 ' of ■ 43 
 
 Confirmation of assessment rolls and voters' lists for 1883 45 
 
 Appointment of €rst representatives of, in ci^ council 46 
 
 Certain sections of Act respecting city of Toronto and village of 
 
 Yorkville, to apply iu case of anuexation of 46 
 
 \; ' Mode of election of first school trustees to represent, on city school 
 
 \ board 45 
 
 ^ Manner of settling disputes, etc., between city and county, arising 
 
 ' . ■' from annexation of 46 
 
 Act empowering city to' pass by-laws to provide for certain specitd 
 
 assessments 47 
 
 Separation of, for school purposes from section 22 of the township of 
 York 359 
 
 BUILDINGS AND DWELLINGS. 
 
 Authority to pass by-laws to define minimum quantity of land to be 
 attached to 349 
 
 BUREAU OF INDUSTRIES.— iSM Industries, Bdbeau or. 
 CANADIAN PACIFIC RAILWAY. 
 
 Act respecting bonus to Credit Valley Baibcay (1875), • 
 
 Debentures may be made payable at different places 340 
 
 Act respecting Credit Valley Railway {18S0). 
 
 Acquisition of western right of way into city 341 
 
 Junction with Northern Railway near Bathurst street 341 
 
 Regulations as to running powers, compensation, etc., in case such 
 
 junction is made 342 
 
 » Settlement of disputes between companies 343 
 
 Eastern entrance — Mailers relating to. 
 
 Agreements respecting right of way over Don improvement vali- 
 
 dated 139 
 
 Text of agreements 141, 147 
 
 Memorandum of matters arranged with company in connection with 
 
 use of Don improvement and east end right of way 149 
 
 ' Extension of time for ooiapleting Don branch < . . . . 181 
 
INDEX. 
 
 566 
 
 Paqi. 
 CANADA PAGinC RAILWAY. -CTonhiiNed. 
 
 Confirmation of agreement respeoting right of way over Don ImpioT«> 
 ment IfiO 
 
 ProvUions of " tripartite " agreement. — See Esplanade. 
 
 CATTLE MARKET. "^ 
 
 Authority to expropriate land required for 872 
 
 Act authorizing sale of certain ordnance lands to city for purposes of 276 
 
 CHURCH STREET RAILWAY CROSSING. 
 
 Protection of ISS 
 
 CITY BOUNDARIES. 
 
 Original boundaries of city at incorporation 11, 12 
 
 Lands conveyed to King's College excepted , 12 
 
 Li)>erties of city 14 
 
 Enaotment excepting lands conveyed to King's College front city 
 limits repealed 16 
 
 First divUion of city into uHirda. 
 
 St. David's Ward, boundaries of 13, 16, 17 
 
 St. Andrew's Ward, boundaries of 13, 17 
 
 !' St. Patrick's Ward, boundaries of 13, 18 
 
 .;« St. Lawrence Ward, boundaries of 14, 17 
 
 St. George's Ward, boundaries of 14, 17 
 
 Enlargement o/ioards and creation of new wards. 
 
 St. James' Ward, original boundaries of 15 
 
 St. David's Ward, repeal of act defining libert ies of 16 
 
 St. David's Ward, new boundaries of 16 
 
 St. John's Ward, formation of 18 
 
 St. Thomas Ward, formation of 20 
 
 St. Stephen's Ward, formation of 20 
 
 St. Paul's Ward, formation of 21 
 
 St. Mark's Ward, formation of ^ 22 
 
 St. Matthew's Ward, formation of 23 
 
 St. Alban's Ward, formation of 33 
 
 St. Stephen's Ward, new division of 23 
 
 St. Mark's Ward, new division of 24 
 
 St. Lawrence Ward, addition to 25 
 
 St. Paul's Ward, addition to 26 
 
 St. Stephen's Ward, addition to ; 26 
 
 St. Mark's Ward, addition to 26 
 
 New division of city into wards. 
 
 Statutory provisions for redividing city into wards 34 
 
 Ward numl)er one, boundaries of 36 
 
 Ward number two, boundaries of 36 
 
 Ward number three, boundaries of 37 
 
 Ward number four, boundaries of 37 
 
 Ward number five, boundaries of 37 
 
 Ward number six, boundaries of 37 
 
 Addition to ward number six 38 
 
 Provision respecting certain exemptions from taxation of property 
 
 included in addition to ward number six 30 
 
 Agreement with York county respecting lands added to ward number 
 
 six 39 
 
 Northern Boundary Line {Bloor Street). 
 
 Act vesting road allo\^ance in certain persons 349 
 
 Act to settle the northern boundary line of the city 351 
 
 See City Limits, Extension of— Wards. 
 
 CITY BUILDINGS, NEW. 
 
 Power to pass by-laws for taking lands for site for 48 
 
 Power to issue debentures to defray cost of site to amount of 
 
 $300.000 49 
 
 ' ' Powers of city to borrow money with assent of electors not 
 
 abridged 40 
 
066 
 
 IKDEX. 
 
 Paob. 
 CITY BUILDINGS, NEW. -CoNfinued. 
 
 Act raUtiog to, not to be oonatnied m authorizing an exteuion 
 , . of borrowing powers of city 49 
 
 Act relatiDg to, to be incorporated with Municipal and Aweewnent 
 Acta 49 
 
 Confirmation of agreement between the eity and county for erection 
 and maintenance of 49 
 
 Authority to proceed with erection of, and to borrow a further 
 , aum of 9425,000 to defray coat of 80 
 
 County freed from liability to indictment on account of defects of old 
 
 court house 60 
 
 ' ' Extension of time for completion of M 
 
 Text of agreement between city and county as to erection, mainten- 
 ance, and use of 50 
 
 Control and management of erection and completion of, may be en< 
 trusted to a commission 04 
 
 Remuneration of members of commission 55 
 
 CITY CLERK. 
 
 Assessments for Don improvement works to be filed in registry 
 oflBce by, and filing published 120 
 
 To prepare voters' listo, and have same printed, published and dis- 
 tributed 523 
 
 CITY DEBT. 
 
 > OoniolkhtioH Act of 1862 (19 Vie. e. 5)—£(fete. 
 Oonaolidatiott Act qfl8B9 (22 Vic. e. 71)—Wl«- 
 Act respecting sale of certain O. T. B. Stock (18S9). 
 
 City authorized to sell certain stock or exchange for debentures .... 
 
 Proceeds to be applied to redemption of debentures outstanding .... 
 Act rapecting certain drbentures (1860). 
 
 Confirmation of debentures issued under by-law No. 309 
 
 Coiuolidation A ct of 1861. 
 
 Authority to issue ten-year debentures to amount of 9200,000 
 
 Authority to issue forty-year debentures to amount of $2,400,000 to 
 redeem outstanding debentures 
 
 Form of debentures 
 
 Special rate for sinking fund purposes 
 
 Investment of sinking fund to be approved of by Oovemor-in- 
 Council 
 
 Application of proceeds oi debentures 
 
 Penalty for misapplication of proceeds 
 
 Provision for excnanffing debentures for those outstanding 
 
 Monthly return of debentures issued to be published by chamberlain. 
 Conaolidation Act (1872). 
 
 Schedule of existing debt 
 
 Authority to issue debentures to amount of $2,552,162 11 to redeem 
 
 others outstanding - 
 
 Nature of debentures to be issued 
 
 Form of debentures 
 
 . . . Debentures to have coupons attached for paymeiit of interest . . 
 
 Application of proceeds of sale of 
 
 Payment of interest 
 
 Payment of sinking fund 
 
 . Application of part of existing sinking fund 
 
 Investment of sinking fund moneys 
 
 ■ Discount on debentures purchased, disposal of 
 
 Sinking fund rate to be paid out of first moneys received annually. . 
 Expenses of negotiating debentures to be paid out of general revenue 
 
 of city 
 
 ' By-laws passed under this Act not to require assent of electors .... 
 
 Irregularity in form of debentures or in by laws authorizing same 
 
 not to invalidate 
 
 05 
 
 05 
 95 
 05 
 
 95 
 05 
 05 
 06 
 06 
 
 07 
 07 
 
 09 
 00 
 09 
 09 
 100 
 
 100 
 100 
 
 100 
 
 Consolidation Act (1879). 
 
 Schedule shewing existing debt 102 
 
 , Authority to issue debentures to amount of 98,000,000^ .....< 103 
 
INDIX. 
 
 567 
 
 PAOi. 
 
 OITT . EBT.—OotUinwd. 
 
 Daaignktion and application of debenturea 108 
 
 Hypotkooation of certain city property to aecure redemption of 
 
 debentarea lOS 
 
 Manner of iMuing and term of debentures 104 
 
 Form of debentures lOS, 108 
 
 Debentures to have coupons attached for payment of interest 105 
 
 Sinking fund rate to be levied annually and be first charge on taxes 
 
 of each year lOS, 108 
 
 Investment of sinking fund T. . 106 
 
 Discount on debentures purchased to be placed to cretlit of sinking 
 
 fund 108 
 
 Remission of part of rates for 1878 106 
 
 Application of existing sinkius fund 107 
 
 Expenses of negotiating sale of debentures to be paid out of general 
 
 revenue of city 107 
 
 By-laws authorizing debentures under this Act need not be assented 
 
 to by electors 107 
 
 Irregulanty in form of debentures or in by-laws authorising same not 
 
 to invalidate 107 
 
 Limitation of debt 107 
 
 CoMolidatioH Act {1889.) 
 
 Schedule shewing existing debt 110 
 
 Limitation of debt Ill 
 
 Application of debentures Ill 
 
 Designation and terms of payment of debentures 112 
 
 Form of debentures 112 
 
 Debentures to have coupons attached for payment of interest 112 
 
 Bate for payment of interest, and sinking fund to be levied annually 112 
 
 V Cancellation of debentures held bj city 112 
 
 Application of existing sinking fund 113 
 
 ': By-laws anthorizbg debentures under this Act need not be assented 
 
 . to by electors 113 
 
 -'■ Irr^ularity in form of debentures or in by-laws authorizing same 
 
 not to invalidate 113 
 
 Mode of computing city debt 113 
 
 Act authorizing issue of Corporation stock (1883), 
 
 Authority to issue stock 114 
 
 Stock may be issued in lieu of delMntures 115 
 
 Stock to be transferable 115 
 
 Registration books to be kept by city 115 
 
 Appointment of aeents in Qreat Britain 116 
 
 ' Power to issue to oe an alternative one 1 16 
 
 Limitation of debt not to be exceeded by issue of stock 116 
 
 Returns of debt to specify both stock and debentures outstanding. . 116 
 
 Provision for raising rates for sinking fund 116 
 
 Don Improvement. 
 
 Expenditure upon, declared not to be a part of general city debt. . . . 131 
 
 Limitation of amount to be borrowed for 133 
 
 Form and term of debentures 133 
 
 Redemption of debentures 134 
 
 Confirmation of by-laws authorizing additional issue of debentures to 
 
 ' extent of $160,000 136 
 
 Power to borrow further sum with assent of electors 136 
 
 . Local Improvements. 
 
 Assent of electors not required to by-laws for raising city's share 
 
 of 123 
 
 Debentures issued for, declared not to form part of general city 
 
 debt l^* 
 
 Power to borrow moneys for, and issue debentures after completion 
 
 ' of work 124 
 
 ' By-laws t^ provide for repayment of loan within life of work 124 
 
 Power of city to construct certain worlu without petition 124 
 
 Reduction of certain sinking fund rates 125 
 
 Power to guarantee debentures issued to defray cn«t of 125 
 
668 INDKX. 
 
 CITY J)EV,\—OoHtinMed. 
 
 CoMoUdation of debt for 190 
 
 Pbw«.- to iMue debenturaa fcr co«t of street railway pa ements .... 126 
 
 Act rttpttting Water Worlu (mi). 
 
 Limltfttion h to amount of debt not affected by iMiie of debenturea 
 for water worki pnrpoiea 642 
 
 AH rupeeling Water Work» (1834). 
 
 City debt not to be exceeded by iuue of debentures under thia Act. . 062 
 Miaetllantou$ ntattera rupeeting. 
 
 Isaue of debenturea to defray coat of aite for new city buildinga .48, 60 
 
 Term of debenturea to be iaaued under Act of 1880 60 
 
 Statutea confirming debenture by-lawa 60, 60, 61, <2, 63 83 
 
 laaue of debenturea to defray coat of aubways t.id bridgea 120, 122 
 
 " " for drainage purpoaea (trunk sewer) 117 
 
 " " for $100,000 for park purpoaes 118 
 
 " " to carry out " tripartite " bgreement 188 
 
 Confirmation of by-law No. 2018, authorizing issue of debentures for 
 
 •300,000 180 
 
 Authority to isaue debenturea without aaaent of electora to defray coat 
 of Oarriaon and Roaedale creek aewers 214, 216 
 
 CITY HALL, NEW.— iSTee City Bdildikgs, New. 
 
 CITY LIMITS, EXTENSION OF. 
 
 Statutory proviaion for, generally 84 
 
 Landa annexed to city in 1887 declared liable for city taxea for 
 
 1888 
 
 Annexation of Yorkville 21, 
 
 •' " St. Matthew'a Ward 22i 
 
 " " Brockton 23 
 
 •• •' Parkdale 33 
 
 Addition to St. Lawrence Ward 26 
 
 " " St. Paul'a Ward 26 
 
 •• " St. Stephen'a Ward 26 
 
 •• " St. Mark'a Ward 26 
 
 ( ' Addition to ward number six 38 
 
 Exemption from taxation of certain properties, included in addi- 
 
 , tion to ward number aix 30 
 
 Agreement with county respecting landa added to ward number 
 
 ■ I aix 30 
 
 Proviaion for annexation of villagea to city 667 
 
 Annexation to be effected by proclamation of Lieutenant-Oovernor 
 
 in Council 657 
 
 Ci> ' to aaaume roods and bridgea in annexed territory 668 
 
 8u City Boun daribs. 
 
 CITY TREASURER. 
 
 To prepare abstract of receipts and expenditures and of assets and 
 liooilities of city annually which may be inspected by rate- 
 payers 10 
 
 T prepare monthly statement of debentures issued under Consoli- 
 
 " dation Act of 1862 06 
 
 Duty of, under Act providing for construction of Esplanade 166 
 
 CUNDINNINO, WILLIAM H. 
 
 Acquisition of property of, under Esplanade tripartite agreement by 
 
 C. P. R 201 
 
 Text of agreement respecting conveyance of property 206 
 
 COMMISSIONERS OF POLICE.— fi^ee Polio£ Commissioners. ' 
 
 COMMITTEES OF COUNCIL. 
 
 Payment of aalariea to chairmen of 3 
 
 CONSUMERS' GAS COMPANY. -Set Gas Companies. 
 
 CORPORATION STOOK.-iSee Cry DsBT. . 
 
INDKX. 
 
 569 
 
 Paob. 
 COUNCIL 
 
 Pkymant of mUHm to membera of, and to ohMrmen of oominitt«M. . 1 
 {For aulMorilg to pay »ala ry to Mayor. Sre >< u M loi fAL Act, mc. 332. ) 
 lUduetion in jamber of memben of, conM4|Ucnt upon ratiivMon of 
 
 city into six wards S4 
 
 COURT HOUSE. VEW.-Ste Crrv Bvildinos, New. 
 
 COURT HOUSE. OLD. 
 
 Coonty empowered to eell site and buildingi M 
 
 COURT OF REVISION. 
 
 To be oompooed of five memben of Connoil 6 
 
 Payment of aala^ to ohairinan of 2 
 
 City may by by-law appoint a court compoeed of peraona who are 
 
 not membera of Council and fix remuneration 
 
 COURTS— LOCAL 
 
 Proviaion for appointment and remuneration of shorthand writera . . S5 
 
 Fees and duties to be regulated by county judges S5 
 
 City and k^unty to bear proper proportion of salary S6 
 
 CREDIT VALLEY RAILWAY. -Se« Canaui an Pacific Ram. ^ a v. 
 
 CROWN ATTORNEY. 
 
 Two to be appomted — one for city— one for county M 
 
 ' City crown attorney, duties of 56 
 
 County crown atto.-ney. duties of 07 
 
 Expenses of proceedings not to Im> increased by appointment o' two 
 
 oflBcers 67 
 
 DEBENTURES.— .Sr«« Citt Dkbt. 
 
 DOMINION PARLIAMENT. 
 
 Representation of city in « 160 
 
 Boundaries of city electoral districts 100 
 
 DON IMPROVEMENT WORKS. 
 Qetural provisunu/or carrying on. 
 
 Expropriation of lands 127. 138 
 
 City may enter into contracts for construction of 128 
 
 For purchase of lands 128 
 
 Mode of determining compensation for lands taken or injured 128 
 
 • Laying out lauds reclaimed for highway and railway purposes 120 
 
 Assessment of lands benefited to defray cost 120 
 
 Reconveyance of lands expropriated to original owners in certain 
 
 caaes 120 
 
 City may take less quantity of land than 400 feet in certain cases . . 130 
 
 Estimates of cost of work to be published 131 
 
 Work not to be nndertakeu untu approved of by electors 131 
 
 Work to be commenced so soon as approved by electors 131 
 
 Expenditure on work declared not to be a part of general city debt 131 
 Power to enter into agreement with railway companies for use of 
 
 reservation for railway purpKDses 131 
 
 Contracts for, may be let in sections 132 
 
 Work may be commenced and carried on in maiiuor deemed most 
 
 advantageous by city 132 
 
 Erection of bridses and approaches 132 
 
 Authority to sell or lease lands 133 
 
 Limitation of borrowing powers 133 
 
 _ Form and term of debentures aud provision for repayment. . . . . 133, 134 
 
 " City may issue debentures for defraying cost 134 
 
 Cost of improvement to be a charge on lands reclaimed 134 
 
 Provision as to lands used or required by Grand Trunk Railway .... 136 
 
 Certain acts, proceedings, etc , of tlie city confirmed 136 
 
 Changes made in character or cost of work not to afifect city's right 
 
 to assess lands benefited 136 
 
 Confirmation of by-law No. 2184, authorizing issue of debentures 
 
 ($160,000) 136 
 
 ' Confinnation of by-law 2,491, to amend and explain By-law 2.006 . . 138 
 
 Mode of apportioning cost of work against lands benefited 140 
 
570 
 
 INDEX. 
 
 DON IMPROVRMKNT WORK8.-0MI<iiNed. 
 
 Paoi. 
 
 Forthcr iasu* o( debenturM to eompUU works may b« nwda with 
 
 Btofalwton 141 
 
 ProvmoM ruputing nm t^f lattds along Don River, 
 
 AgrMmenU with CMwdiut P«oiflo IUilw«y Co. VAliiUtcd 189 
 
 Text of AtfrMmenta 141, 147 
 
 AgrMment with Ontario k Quebec Railway Co. validated 139 
 
 Text of agreement . . 141, 147 
 
 Agreement with Belt Line Railway Co. authorised 189 
 
 " • " oonflrme<l 160 
 
 Text of agreement lAl 
 
 Memo of matters arranged with C. P. R 149 
 
 Works declared to be for general advantage of Canada 150 
 
 ObatmotioD to traffic on, prohibited 101 
 
 Extension of time for completing Don branch of C. P. R.— (^ee SI 
 
 Via a S3. 8. 2) ISl 
 
 DRAINAGE DEBENTURES. 
 
 Act anthorising issue of 117 
 
 DRILL SHED. NEW. 
 
 Power to acquire site 159 
 
 DRIVES.— rS'ee Parks, Oardinh and Drivkb. 
 
 DUFFERIN STREET. 
 
 Construction of local improvement works on 207, 288 
 
 DWELUNO HOUSES. i 
 
 Authority to pass By law to define minimum quantity of land to be \ 
 attached to 349 
 
 ELECTRIC UGHT. 
 
 Consumers' Gas Company may make and sell 883 
 
 Ineandtxent Electric Lii/ht Company,.Act rtapectiwj (IS9S). 
 
 Name of companv changed 239 
 
 Company not to DC deemed a new one by reason of change of name. . 239 
 
 Agreement with city confirmed 240 
 
 Text of agreement 24a 
 
 Laying wires underground 240 
 
 Openings in street to be made as City Engineer may direct .... 241 
 
 Notice of intention to open streets to be nven to city 241 
 
 Work on streets not to be unnecessarify delayed, or city may 
 
 .^ finish and charge cost to company 241 
 
 Company to indemnify city for damages resulting from streets 
 
 being opened 241 
 
 City may narchase works at expiration of thirty years, and thereafter 
 
 at end of each succeeding twenty years 242 
 
 Proviso that citv must also purchase works of other companies 242 
 
 Company prohibited from amalgamating with or leasing or selling 
 
 plant without city's consent 242 
 
 ParhdaU. 
 
 Village of Parkdale may substitute electric light for gas 308 
 
 ESPLANADE. 
 
 Act authormng cotutruetUm cf (1853). 
 
 Authority to make contracts for constructing 162 
 
 " for borrowing money to defray cost of 164 
 
 '■/.■■- \ Arbitration with property owners to determine value of lands taken. 164 
 
 Assessment of cost against lands benefited 165 
 
 Assessments unpaid to be recovered in same manner as unpaid taxes. 165 
 Moneys reoeiveil to be applied to reduction of debt created for 
 
 defraying cost of work 166 
 
 RegistrAtion certificate or award of surveyor and arbitrators 166 
 
 By-law creating debt for works not to be repealed until debt and 
 
 interest is paid 166 
 
INDEX. 
 
 m 
 
 Paci. 
 
 ESPLANADE. -Contintud. 
 
 ChMnbarUin to kMp MDMWto aocount of <l«benta'<)a ifaue«l untUr 
 
 thii Aol IM 
 
 CoavoyanM of Unds to owner* upon completion of work IM 
 
 AaMMMnenta to be loviml onlv agkimt Uml owners who do not nukke 
 
 their portion of KaplanMe 167 
 
 Land owoera may build their share of F^pUnwIe 167 
 
 Limitation of time within which worli is to lie commenced 167 
 
 Walks and gardens property south of Front street transferre<I to city. 167 
 
 Confirmation of certain documents, securities and debentures 168 
 
 Rights of Ordnance Department reserved 168 
 
 Lands in front of old Parliament buildiuus reserved 168 
 
 Railways not to he locatetl on Esplanade without oonaent of Qover- 
 
 nor-in-CounoU 160 
 
 Railways to compensate city for use of Esplanade. 169 
 
 Terminus of railwsys on Itisplanade to be locateil by board of com- 
 missioners 169 
 
 Debentures bearing six per cent, interest not to be sold for less than 
 par 169 
 
 Act authorizing uk (\fby Orand Truiik Kitilway (1855). 
 
 Company authorized to alter location of lino and acquire necessary 
 
 property 171 
 
 Proviso in case of completion of Ksplanode by city 171 
 
 ' ^' ,' Railway commissioners to locate line if city and company fail to 
 
 agree 171 
 
 Company authorized to contract with city for making portions of 
 
 lisplanade 172 
 
 City authorized to issue debentures necessary under contracts with 
 
 company 172 
 
 Company as oontraotors empowered to arbitrate with owners 172 
 
 Act eonveying etrta'm water lota to city, and to tnablt city to locate raihoayi 
 on (1867). 
 
 City authorized to take certain lands and locate railways thereon . . 173 
 
 Approaches to wharves and docks not to be interrupted 173 
 
 Location of different lines of railways 173 
 
 City may contract with O. T. R. for filling in Esplanade 173 
 
 Mode of determining each party's shai'e of cost of tilling 174 
 
 Authority to issue debentures to defray cost of filling 174 
 
 , Arbitration to determine value of land expropriated 175 
 
 Additional value to lauds created by improvement to be awarded to 
 
 city 175 
 
 Certain rights not to be affected 175 
 
 Limitation as to payment for lands taken . . 176 
 
 Moneys paid for lands or filling in to be a charge upon lands im- 
 proved 176 
 
 Registration of certificate of arbitrators, etc 176 
 
 Authority for city to sell or lease certain lands 176 
 
 Proceeds of sale or leasing to be applied to b«-antifying and improv- 
 ing other park lands 176 
 
 Reservation as to Ordnance Department lauds 176 
 
 Act to cor\firm agreement with Railway Companies as to use of (1865). 
 
 Agreement with companies confirmed 177 
 
 Esplanade declared to be a public highwa. 177 
 
 City empowered to grant right of way over portion of 177 
 
 Railway companies authorind to use under agreement 178 
 
 ^ Fee of land not vested in companies 178 
 
 Conditions to be observed in laying tracks • • 178 
 
 Street crossings to be planked 178 
 
 Engines and trains not to stand on tracks except when unloading 
 
 freight 178 
 
 Crossings not to be obstructed 178 
 
 Settlement of differences as to discharge of freight • • • 179 
 
 Limitation as to speed of trains along • • 179 
 
 Position of city and companies should city refuse to grant running 
 
 powers over defined 179 
 
 Text of agreement.... 179 
 
 73 
 
 
m 
 
 itibtx. 
 
 / 
 
 Paoe. 
 ESPLANADE. —C&ntmued. 
 
 Act rtspeeting tue of by Toronto, Grey and Bruce Railway (1872). 
 
 Runniug powers over Esplanade 187 
 
 - Limits itithin which tracks are to be laid 188 
 
 AcUi reipfctmg " TriparlUe" Agreement (1891, 1892, 1893). 
 
 Authority to borrow money to carry out 188 
 
 Confirmation of agreement (Ontario Statute) 188 
 
 Confirmation of by-law providing for issue of debentures to carry out. 189 
 
 Agreement declared to be in force (Dominion Statute) 190 
 
 Parties to agreement empowered to carry out same 190 
 
 Proviskma of " Tripartite " Agreement (1892). 
 
 Recital defining parties to 191 
 
 Plan annexed to, declared to be a part of 191 
 
 To enable C. P. R. to reach tracks south of Esplanade, Midland Rail- 
 way yard to ba rearranged 191 
 
 Berkeley street,— deviation or closing of 191 
 
 Right of G. T. R. to place tracks on certain portions of Esplanade 
 
 adjoining Berkeley street, reserved 192 
 
 City and G. T. R. relieved from liability in connection with closing 
 
 or deviation of Berkeley street 192 
 
 O. T. R. to keep street south of its tracks from Parliament to Berke- 
 ley street open until street south of old windmill line is con- 
 structed 192 
 
 Midland railway tracks west of Bekeley street to be removed and con* 
 
 nections made at Frederick street 192 
 
 No further tracks to be laid on Esplanade between Frederick street 
 and Berkeley street without leave of Railway Committee of Privy 
 
 Council 192 
 
 Re-arrangement of certain tracks to be subject to agreement between 
 
 G. T. R. and Midland Railway ... 192 
 
 Overhead bridges across Esplanade may be erected by proj^.^rty 
 
 owners in certain cases 192 
 
 City to extinguish certain rights to cross tracks between Yonge and 
 
 York street 193 
 
 Companies waive right to cross tracks between Yonge and York 
 
 streets (except at Bay street) 193 
 
 Companies to defray cost of protecting ^Church, Yonge and Bay 
 
 street crossings 193 
 
 No buildings to be erected on the line of Lome street south of Espla- 
 nade street 193 
 
 York street high level bridge, erection, description, etc 193 
 
 Abatement of rent to be made to C. P. R. in connection with 
 
 " Tinning "property 193 
 
 Liability of O. T. R. to construct high level bridges, mode of deter- 
 mining ' 194 
 
 John street high level bridge to be built by G. T. R 194, 196 
 
 York sireet deviation eastward 195 
 
 Esplanade street, east portion of, and York street to be closed 195 
 
 C. P. R. to defray extra cost of John street bridge if extended south 
 
 of Esplanade 196 
 
 Esplanade (York to Brock street) to be closed 196 
 
 Simcoe street, portion of, at south end, to be closed 196 
 
 Peter street (South of Front street) to be closed 196 
 
 John street (Front to Esplanade) to be closed 196 
 
 Uiuon Station to be erected 197 
 
 Street north of station to be opened by G. T. R 197 
 
 City or C. P. R. to acquire interests of tenants in water lots 5 to 25. . 197 
 Western part of land acquired by city from C. P. R. to be used as 
 
 wharfage for passenger s' '.aniers 198 
 
 G. T. R. to sell certain laid east and west of Simcoe street to city. . 198 
 Companies to pay city for streets closed when lands taken are con- 
 veyed to them 198 
 
 Until rearrangement of yards and streets and erection of buildings 
 is completed, all parties to have access to lands for business 
 
 purposes, etc 199 
 
 City to consent to G. T. R. obtaining pat.nt to prolongation of Peter 
 street south of Esplanade 199 
 
iNOiSX. 
 
 m 
 
 Paqi. 
 
 200 
 201 
 
 199 
 199 
 
 ESPLANADE. -Conttnuetf. ' 
 
 Companies to consent to city obtaining patent to prolongation of 
 
 Simooe and York streets south of Esplanade street 199 
 
 Oity to provide " alternative site " for Cf. P. R 18^ 
 
 Boundaries of " alternative site " 199 
 
 City to indemnify C. P. R. for acquirinu interests of certain occu- 
 pants of " alternative site," and for iuliiig same 
 
 C. P. R. to pay rent to city for " alternative site " 
 
 " Original site " to be conveyed by C. P. R. to city 201 
 
 Boundaries of ' ' original site " 20) 
 
 Railway and Municipal Acts to form part of this agreement, except 
 
 as otherwise provided 203 
 
 Agreement to affect contentions of parties as to termination of cer- 
 tain streets running south from Front street 203 
 
 Agreement not to be binding until ratified by City Council and rail- 
 way directorates 203 
 
 Text of agreement with Argonaut Boat House Co 204 
 
 " " " W. H. Clindinning 206 
 
 " " " Toronto Yacht Club 208 
 
 EXEMPTIONS FROM TAXATION. 
 
 Certain lands on Lake Shore road 30 
 
 Property of Commissionera of Water Works 542 
 
 EXHIBITION ASSOCIATION.- See Industrial Exhibition. 
 
 EXHIBITION GROUND, OLD. 
 
 Sale of and application of proceeds 275 
 
 EXHIBITIONS. — <Siee Aoricdlturk and Arts— Industrial Exhibition. 
 
 EXPENDITURE AND RECEIPTS. 
 
 Abstract of to be prepared annually, and be open to inspection by 
 ratepayers 10 
 
 (}AOL. 
 
 Act to vest certain property situate in city in county of York 213 
 
 Sheriff of city to have control of city jail 213 
 
 GARDENS.— iSee Parks, Gardens and Drivks. 
 
 GARRISON CREEK SEWER. 
 
 Authority to borrow money to defray cost of without assent of elec- 
 tors 214, 215 
 
 GARRISON RESERVE. 
 
 Authority for sale by city of certain portions of 273 
 
 Proceeds to be used for acquisition or maintenance of parks 274 
 
 GAS COMPANIES. 
 
 General provimons respecting (Act of 1877). 
 
 Streets not to be broken up without city's consent 215 
 
 Reservation as to repairs or substitution of other mains for existing 
 
 ones 215 
 
 City may pass by-laws prohibiting laying of new mains, unless rate- 
 payers petition agamst such action 216 
 
 When permanent pavements are to be laid, company must make, in 
 
 advance, all connections required 216 
 
 City may acquire works, plant, etc 216 
 
 Shareholders authorized to empower directors to give such consent. . 217 
 
 Purchase money, application of 217 
 
 Opinion of Judge may be had as to administration of such money 217 
 
 City of Toronto Qas Light and Wa^er Company. 
 
 Act respecting (1841), effete 210 
 
 Consumers' Oas Company— Act of Incorporation (1848). 
 
 Power to acquire and hold property 220 
 
 Proviso as to extent of real property to be held by 220 
 
 Power to construct works 220 
 
 Power to supply gas to citizens 220 
 
 
674 
 
 tNOEX. 
 
 Paoi. 
 GAS COMPANIES.— CoN/utved. 
 
 Power to dispoM of coke and other products or refoae arising from 
 
 makingofsas , 821 
 
 Limit of oafrftu, and for what purpose to be used 221 
 
 Inoreasins capital 221 
 
 Power to Donrow money and mortgue property 221 
 
 Director's powers as to by-laws, <aub, dividends, contracts, e'c 221 
 
 By-laws passed by directors not to be inconsistent with this Act. . . . 222 
 
 Laying mains on public streets 222 
 
 IVeoautions a^nst doing unnecessaiy damage 222 
 
 Mains to be laid as city surveyor under direction of city council 
 
 • * ' • - tr«.j iiermit 222 
 
 >; Trafficnot to be obstructed 222 
 
 • • ' Streets to be restored after mains are laid 222 
 
 Penalty for neglect of foregoing conditions 222 
 
 Carrying mains and pipes through buildings 223 
 
 Owners of buildings to be compensated for any damage done. . . . 223 
 y- Precautions for distinguishing mains and pipes from those of gas, light 
 
 y and water company 223 
 
 / Penalty for non-observance 223 
 
 ' Settlement of differences with other companies 224 
 
 Works to be located so as not to endanger the health or safety of the 
 
 public 224 
 
 Location of works to bt> subject to exisf'ng citv by-laws 224 
 
 Works to be subject to inspection of municipal authorities 224 
 
 Penalty for neglecting or refusing to obev reasonable orders of council 
 
 for preservation of public health and safety 224 
 
 Mains to be laid without delay, and precautions to be taken to protect 
 
 public from injury while work is in progress 224 
 
 In case of neglect city may cause works to be done, arid 
 
 charge cost to company 205 
 
 Penalty for usina gas without consent of company 225 
 
 " " wilfully injuring or impeding works of company 225 
 
 •■ " wasting gas, or fraudulently increasing size of burners. . 226 
 " " wilful damage to main pipes or other property of com- 
 pany 227 
 
 Act not to be construed as prohibiting the incorporation of other 
 
 companies 226 
 
 Bights of the Crown and other persons or bodies not to be affected 
 
 (except as mentioned in the Act) 226 
 
 Removal of pipes where supply of gas is cut off 226 
 
 Recovery of gas rents or dues 226 
 
 Pipes not liable for seizure for rent due bv consumer 227 
 
 Accidental damage to be paid by person doing same 227 
 
 Accidental waste of gas to be paid for by consumer 227 
 
 Cotuumert' Oaa Co. — Act to extetid poioera of (1853). 
 
 Bltension of works into Yorkville and parts of York township 228 
 
 Breaking up stieets to lay mains in city for extension of works 228 
 
 Powers and privileges applicable to city, to apply to extension of 
 
 works 229 
 
 Penalty for using gas without consent 220 
 
 Power to buy, seU, lease or hire certain materiak, plant, etc., 
 granted v 230 
 
 Contumera' Oaa Co. — Act to extend potoera of (1855). \ 
 
 Increase of capital stock 230 
 
 Power to borrow money and mortgage property to secure repayment 
 
 of loan 230 
 
 Application of moneys borrowed 231 
 
 Company authorized to sell certain real estate 231 
 
 Authority granted to pay quarterly dividends 231 
 
 Cotuumera' Oaa Co, — Act authorising addition to capital ( tS7S). 
 
 Increase of capital stock 232 
 
 Mode of allotnng new stock 232 
 
 Manner of payment of calls on new stock 232 
 
 Allotment of whole of new stock not obligatory > 232 
 
 Notices of meetings of shareholders to be published 232 
 
 Act of luoorporatfon and amending aow to apply to mew stock 233 
 
INDEX. 
 
 57B 
 
 Paoi. 
 OAS COMPANIES.— CoN«imierf. 
 
 Oontumtrff Oat Co. — Act to amend Act* retpecting (1S73), 
 
 Power to mahe and mH gas for heating and cooking pnrpoMS 2SS 
 
 ** " " " electric, galvanic, or other artifielal light . . 23S 
 
 " " acquire patents or riffhts for making artificial light 234 
 
 Company to enjoy existing rignts and privileges in connection with 
 
 manhfacture and sale of artificial lights 234 
 
 Authority to mannfuctnre, et«., apparatus for distributing gas for 
 
 heatmg and cooking, or artificial li^ht for illuminating purposes 23S 
 Power to enter into contracts with municipalities for street lighting, 
 etc 235 
 
 Consumtn' Gas Co.— Act to further extend powers of (1887), 
 
 Further increase of capital stock authorized 236 
 
 New stock may be issued in parcels and sold by auction after notice 
 
 of sale is published 236 
 
 Notices of meetings of shareholders to be published 233 
 
 'ayments for new stock to be made in such manner as directors may 
 
 prescribe 237 
 
 " Renewal fund " to be created and maintained 237 
 
 Special surplus account to be kept 237 
 
 Limitation of dividend 237 
 
 Reducing price of aas 237 
 
 Reserve fund may oe drawn upon if profits in any year are not suffi- 
 cient to pay expenses and dividends 237 
 
 Accounts of company to be audited by person appointed by city 
 
 council 238 
 
 Limitation of value of real estate to be held by company 238 
 
 Act respecting Gas Works in Parkdak. — See Parkdale. 
 
 GENERAL HOSPITAL. 
 
 Appointment of trustees 249 
 
 GRAND TRUNK RAILWAY. 
 
 Act respecting sale of stock of, held hy city (1859). 
 
 City authorized to sell certain stock or exchange for debentures .... 338 
 
 Investment of proceeds, etc 338 
 
 Don Improvement Act not to apply the G. T. R. lands 135 
 
 See Esplanade. 
 
 GREAT VvESTERN RAILWAY.— 5ee Esplanade. 
 
 HARBOUR. 
 
 Limits of 243 
 
 Act to provide for future management of ?i3 
 
 Certain Acts recited in preamble annulled 244 
 
 Board of commissioners created and appointment of 244 
 
 Board declared to be a corporate body 244 
 
 Quorum of Board 244 
 
 Certain property vested in commissioners 245 
 
 Council may expropriate property required by the Board and 
 
 coiivey same 245 
 
 Plans and estimates for improvement of harbour to be prepared. 245 
 
 Commissioners empowered to pass by-laws 245 
 
 Recovery of tolls 246 
 
 Emplojrment of ofiicers 246 
 
 Authority to borrow money and issue debentures 246 
 
 " - Application of tolls and other revenue 246 
 
 Interest and sinking fund on amounts borrowed 247 
 
 Accounts of transactions of Board to be kept 247 
 
 Interprotation clause 247 
 
 Authority to commissioners to lease pier at entrance to harbour .... 248 
 
 HORTICULTURAL GARDENS. 
 
 Authority to borrow money to pay off mortgages on 331 
 
 HOSPITAL FOR INFECTIOUS DISEASES. 
 
 Site of 261 
 
.176 
 
 INDEX. 
 
 HOSPITAL (GENERAL). **"■ 
 
 Appointment of -Trnstees 249 
 
 AOUSE OF INDUSTRY. 
 
 Incorporation of 250 
 
 INCANDESCENT ELECTRIC UGHT CO. See Elkctric Lioht. 
 
 INCORPORATION OF CITY. 
 
 Act of Incorporation 11 
 
 INDUSTRIAL EXHIBITION. 
 
 Incorporation of association 252 
 
 Authority to hold exhibitions granted 253 
 
 " " acquire and dispose of property granted 253 
 
 " " award prizes, charges, entrance teen, etc 253 
 
 Formation of association 254 
 
 Provisional directors 255 
 
 First meeting for election of directors 255 
 
 Qualification of directors and of those entitled to vote for 255 
 
 Repietentation of societies and bodies failing to appoint delegates. . . 256 
 
 Number of directors 256 
 
 Election of officers, etc 256 
 
 ^ General pov/ers of board of directors 256 
 
 Association to have certain cash and guarantee funds before com- 
 mencing operations 257 
 
 Directors authorized to enter into agreements with certain other 
 
 societies and accept aid from 257 
 
 Municipalities authorized to grant aid , , 268 
 
 Collection of calls or asaesftnents in connection with guarantee fund. 258 
 Agreements for holding exhibitions, aiding same, and furnishing 
 
 buildings for, etc 25^ 
 
 ; V Representation on association from councils of certain mnuicipalities. 259 
 
 Amalgamation with " Industrial Exhibition Company" 259 
 
 Righte of amalgamated company 259 
 
 ;1^ Certain sections of Act for encouragement of agriculture, arts, etc., 
 
 (; to be incorporated with incorporating Act 260 
 
 Sale of old exhibition grouvde. 
 
 . . Power to sell 275 
 
 -."^ '■■ Proceeds of sale to be used for exhibition purposes 275 
 
 INDUSTRIAL FARM. 
 
 Purchase and operation of 261 
 
 INDUSTRIES, BUREAU OF. 
 
 Statement of receipts and expenditure, anu of assets and liabilities 
 of city to be sent to, annually .... 10 
 
 INDUSTRY, HOUSE OF. 
 
 Incorporation of 250 
 
 INEBRIATE INSTITUTIONS. 
 
 City authorized to establish 250 
 
 Class of persons to be confined in, defined 250 
 
 Certain regulations to apply to, when established 250 
 
 INFECTIOUS DISEASES HOSPITAL. 
 
 Site of ;... 261 
 
 ISLAND. 
 
 Act to confirm city in possession of 261 
 
 Insertion of conditions ui patent by Governor-in-Council 263 
 
 JOHN STREET. 
 
 To be closed south of Front Btreet under Esplanade agreement 196 
 
 Overhead bridge to be erected by G. T. H 196 
 
 * To be a Public highway 19(> 
 
 Cost of, south of Esplanade, to be borne by C. P. R 196 
 
 JURORS. 
 
 Selection of 264 
 
INDEX. 
 
 877 
 
 Paqk. 
 KINO'S COLLEOE. 
 
 Lauda conveyed to, not included in city limits at iiioorporation .... 12 
 
 Repeal of Act excepting lands conveyed to, from citv limits IS 
 
 Lands leased to the city to be subject to police regulatiom 317 
 
 KINGSTON ROAD (NOW QUEEN ST.) 
 
 Use of, by Scarboro Electric Railway 618 
 
 LAND TITLES OFFICE.— Sfee Registry and Land Titlks Orncss. 
 
 LANDS, EXPROPRIATION OF. 
 
 ArbUrcUiona to determine compensalion (See 55 Vio. o. 43, s. 487). 
 iSiee Parks, Gardens and Dkives— Don Imfrovkmbnt — Espla- 
 
 NADK. 
 
 LAKE SHORE ROAD. 
 
 Agreement with county respecting SB 
 
 " t Exemption of certain lands on, from taxation 39 
 
 LIABILITIES AND ASSETS. 
 
 Statement of, to be prepared annually by treasurer and be open to 
 
 inspection by ratepayers 10 
 
 See City Debt. 
 
 LIBERTIES OF CITY.— S«e Citv Boundaries, ^ 
 
 LIBRARY. 
 
 Estimates of cost of operating and maintaining to be submitted to 
 council 265 
 
 Accounts of expenditure to be properly kept and audited by city 
 auditoi-8 265 
 
 Levying special rate for maintaining 266 
 
 See also II. S. O. (1887) c. 189, 8. 8 ; 55 Vic. c. 47, ss. 2, 3. 
 
 LOCAL IMPROVEMENTS. 
 
 Validation of certain assessments made under by-law 2577 7 
 
 Assent of electors not required to by-laws for raising city's share of 
 
 V • cost of 123 
 
 Debentures for city's share of cost of, declared to form no part of 
 
 general city debt 124 
 
 .^ Power to borrow moneys for and issue debentures after completion 
 
 of work 124 
 
 By-laws to provide for repayment of loan within life of work 134 
 
 City may construct certam works without portion 124 
 
 Sinking fund rates, reduction of 125 
 
 Power to guarantee debentures issued to defray cost of 125 
 
 Consolidation of debt for 126 
 
 Power to issue debentures for street railway pavements 126 
 
 Debenture By-laws. 
 
 Statute confirming assented to in 1883 60 
 
 1885 60 
 
 1886 61 
 
 1887 6! 
 
 1889 62 
 
 1891 62 
 
 1892 63 
 
 1893 63 
 
 1894 83 
 
 MARKET FEES. 
 
 Agreement with county for abolition of 41 
 
 MARKETS. 
 
 St. Lawrence Market. 
 
 Market square vested in town of York 96ft 
 
 " " vested in city 270 
 
 Power to lease same in parcels 269 
 
 Application of rents arising from 269 
 
 Existing leases not to be voided 269 
 
 Certain portions of, vested in school t.nistees 209 
 
 €1 
 (< 
 « 
 <l 
 It 
 
578 
 
 INDEX. 
 
 Paob. 
 
 MARKETS.— CondNtwd. 
 
 St. Andrew'i and Si. Patritk'a Markets. 
 
 Deaoription of aites 871 
 
 Management and control of, vested in Council 271 
 
 Cattk Market. 
 
 Authority to expropriate land required fur 272 
 
 Sale of certain ordnanc<^ lands to city for purposes of. 276 
 
 MARSHLANDS. 
 
 Act to confirm city in possession of 261 
 
 Insertion of conditions in patent by Oovenior-in-Council 263 
 
 See Asbbkiook's Bay. 
 
 MBTROPOUTAN GAS AND WATER COMPANY. 
 
 Rights of, vested in City of Toronto Water Company 627 
 
 METROPOLITAN STREET RAILWAY. 
 Act of Incorporation (1877). 
 
 Incorporation of company 483 
 
 Certain clauses of Railway Act incorporated with this Act 484 
 
 Capital stock 484 
 
 Commencement of work 484 
 
 Provisional directors 484 
 
 First election of directors 484 
 
 Constitution of board of directors, election of officers, etc 485 
 
 Powers of company 485 
 
 " " directors 485 
 
 ,' Stock of company declared to be personal estate 486 
 
 Company empowered to acquire and dispose of real and personiJ 
 
 estate 486 
 
 May use sleighs instead of railway carriages during winter months. . 486 
 
 Fares to be due when passenger enters cars 486 
 
 Penalty for refusing to pay fare, or to leave conveyances of company. 486 
 
 Conditions respecting layine of tracks of company 486 
 
 Increasing capital stock and the sale of debentures and bonds 487 
 
 Limitation of liability of shareholders 487 
 
 City and outside municipalities authorized to enter into agreements 
 
 with company 487 
 
 Municipalities authorized to pass by-laws for giving effect to agree- 
 ments, etc 488 
 
 Company empowered to enter into agreements for constructing rood, 
 
 and to hire or lease roUing stock therefor 488 
 
 Conveyances of loud 488 
 
 Rights of Toronto Street Railway Company not to be affected by this 
 
 . . Act 488 
 
 Act reapecthig Company {1893). 
 
 Company's name changed '. 490 
 
 Agreements with county confirmed 490 
 
 . Ry-law No. 592 of county confirmed 490 
 
 Extending company's lines .'. . 490 
 
 Provisions of Railway Act to apply 490 
 
 Carrying powers of company 491 
 
 Use of electricity as a motive power sanctioned, subject to certain 
 
 exceptions 491 
 
 Acquiring lands for parks and pleasure grounds 491 
 
 Sale of bonds and debentures 492 
 
 Inconsistent enactments repealed 492 
 
 Certain rights of city as to use of Yonge street not affected by this 
 
 Act 492 
 
 Granting aid to company by municipalities 492 
 
 Text of agreement with county dated 26th June, I8.S4 493 
 
 " ' " 20th January, 1886 499 
 
 " " " " " ■ 28th June, 1889 604 
 
 " " " " '• 17th Deceml)er, 1889 508 
 
 «' •• " " " 20th October, 1890 510 
 
 " " " " 2na March, 1891 513 
 
 Text of By-law No. 592 of the county of York 516 
 
INDEX. 
 
 579 
 
 486 
 486 
 486 
 486 
 486 
 487 
 487 
 
 487 
 
 488 
 
 488 
 488 
 
 488 
 
 490 
 , 490 
 , 490 
 . 400 
 . 490 
 . 491 
 a 
 
 . 491 
 . 491 
 . 492 
 . 492 
 is 
 
 .. 492 
 .. 492 
 .. 493 
 .. 499 
 .. 504 
 .. 508 
 .. 510 
 .. 513 
 .. 516 
 
 Paoi. 
 MIDLAND RAILWAY. 
 
 Appointment of director to repreaent the city on board of 844 
 
 MIMICO ELECTRIC RAILWAY AND LIGHT CO. -See Toronto and 
 MiMioo Electric Railway and Liuut Company. 
 
 MUNICIPAL BUILDINGS. -See City BoiLDiNOB. 
 
 MUSEUM. ■ ■■■'■■ '■': 
 
 Eatablishment of 266 
 
 NORTHERN BOUNDARY LINE. -See City Eoundarhb. 
 
 NORTHERN RAIL . /AY.— See Esplanade. 
 
 ONTARIO AND QUEBEC RAILWAY CO. 
 
 Agreements respectingright of way over Don Improvement confirmed. 130 
 
 Text of agreementa 141,147 
 
 Set Canadian Pacific Railway. 
 
 ONTARIO LEGISLATURE. 
 
 Representation in 160 
 
 Boundaries of electoral districts of city 160 
 
 ORDNANCE DEPARTMENT. ' ^ 
 
 Rights in lands in front of city reserved °. 168 
 
 ORDNANCE LANDS. 
 
 Authority for sale by city of ce.-tain portions of the "Garrison 
 
 Reserve " 273 
 
 Proceeds to be applied to Walks and Gardens' Fund 274 
 
 Authority for sale of " old exhibition " grounds by city 275 
 
 Proceeds to be used for exhibition purposes 276 
 
 PARKDALE. 
 
 Act relating to Constntction ofSvhwaya and Bridges at Railway CroasingB. 
 
 Railwav companies and city and town authorized to construct 110 
 
 Councils may contract for construction of, separately or jointly .... 119 
 
 Power to takti land for, and close and divert streets 120 
 
 Proportion of cost to be determined before letting contract 120 
 
 Owners of lands taken or injured to be compensated 120 
 
 Special power to borrow to defray cost of suDways and bridges 120 
 
 Term of debentures and rate of interest *, 121 
 
 Rate to be levied to redeem and pay interest 121 
 
 City may issue debentures under 42 Vic. c. 75 121 
 
 By-laws pftssed under this Act not to require sanction of ratepayers. 122 
 Act to authoi'ize Special Assessments and other Purposes (18S4). 
 
 Certain assessments authorized 279 
 
 Assessments to provide for amounts remaining unpaid 279 
 
 Amounts already paid to be allowed for 279 
 
 Council to have certtun powers conferred by Municipal Act 279 
 
 Confirmation of certain by-laws and debentures for local improvement 
 
 works 279 
 
 Confirmation of certain debentures issued under gns and water works 
 
 Acts 280 
 
 Issue of further debentures to defray cost of works completed or to 
 
 be constructed 280 
 
 Municipality separated from school section No. 22 280 
 
 Act to cofnfirm certain by-laws and to authorize further issues qf deben- 
 tures (1885). 
 
 Certain by-laws and debentures legalized and confirmed 283 
 
 Further issue of debentures for gas and water works without assent 
 
 of electors authorized 284 
 
 Further issue of debentures for gas and water works authorized (sub- 
 ject to consent of electors) 284 
 
 Further issue of debentures to defray cost of certain local improve- 
 ment works, ill excess of amount estimated, authorized 284 
 
 Further issue of " Queen street subway debentures " authorized .... 285 
 
 74 
 
A80 
 
 INDEX. 
 
 PARKDALE. —CotUinucd. 
 
 Paok. 
 
 "7 
 
 Act aulhoruing uptcial kg%4tUUm (1888). 
 
 LovaI improvement works on Ihifferin street and Roncesvallea avenue 288 
 Further issue of " Queon street subwny debentures " arthoriieed .... 287 
 Change of assessment under by law No, 285 authorized 289 
 
 Act rttpecting qa* and water loorka (1881). 
 
 Conatmotion of works anthorind 280 
 
 Commissioners to be a body corporate 289 
 
 Reeve of municipality to be a commissioner ex-officio 290 
 
 Duties and powers of comuiissioners 290 
 
 Powers as to expropriation of lands, etc 290 
 
 Land privileges, etc.. ».cquiicd, to be vested in corporation 201 
 
 Power to carry pi'^s across private property 293 
 
 " enter private lands 29S 
 
 " break up streets and provisos respecting 294 
 
 " carrj' g.M pipes into buildings 295,296 
 
 " acquire and iiold land and buildings 296 
 
 Streets to be kept unobstructed as much as possible when pipes are 
 
 being laid 296 
 
 Precautions to be taken to prevent accidents 296 
 
 Pipes not to be laid within certain distances of pipes of other persons 296 
 
 Main pipes to be stamped with initials of owners 297 
 
 Offences and penalties 297 
 
 Materials in which commission is interested to be exempt from 
 
 execution 298 
 
 Books and accounts to be kept and subject to inspection 298 
 
 Statements of affairs to be submitted to corporation 298 
 
 Persons usins water or gas not disqualified from being a member of 
 
 the municipal councu 298 
 
 Regulations as to use of water and gas 299 
 
 Hydrants and mains to be placed under direction of village council. . 209 
 
 Services, iittings and meters exempted from seizure for rent 299 
 
 Penalty for altering or injuring meters 299 
 
 Power of commissioners to levy and collect rates and rents 300 
 
 Rates collected to be paid monthly to municipal treasurer 300 
 
 Power to employ collectors and assessors to collect rates or rents. . . . 301 
 Penalty for using water or gas without consent of commissioners. . . . 
 
 Bathing, etc., within a mile of source of water supply prohibited 
 
 By-laws to prevent wrongful use of water and for regulating supply. . 
 Cost of laying services ac:oBS vacant spaces to be paid by property 
 
 owners 
 
 Service pipes, stop cooks and metora to be under control of commis- 
 sioners 
 
 Taps to be approved of by oommiusioners 303 
 
 Corporation not to be liable for damages arising from bursting of ser- 
 vice pipes, eto 303 
 
 Power to inspect building where water or gas is consumed 303 
 
 Interference with hydrants prohibited 303 
 
 Quorum of commissioners 304 
 
 Control of works and lands vested in commissioners 304 
 
 Commissioners may sue and be sued .... 304 
 
 Power to extend pipes into suburbs , 304 
 
 Power to supply water and gas outside of municipality 304 
 
 Limitations of time for bringing actions asainBt commissioners 305 
 
 Issue of debentures for water and gas works 305, 311 
 
 Application of revenues of 306 
 
 Property of commissioners declared to be exempt from taxation 306 
 
 Officers of commissioners to have powers of officers of the peace while 
 
 in discharge of duty 306 
 
 Mode of appointing commissioners 306 
 
 Term of office of commissioners 306 
 
 Qualification of commissioners 307 
 
 • First election of commissioners 307 
 
 Provision for filling vacancies in office of commissioners 307 
 
 Commissioners or councilmtn, prohibited from holding or being in- 
 terested in controcte connected with work 307 
 
 Counoilmen or Deputy Reeves declared ineligible to be a commissioner 308 
 Works may be constructed by corporation 808 
 
 301 
 301 
 302 
 
 303 
 
 303 
 
INDEX. 
 
 581 
 
 306 
 1306 
 1306 
 ISOY 
 1307 
 1307 
 
 I307 
 1308 
 
 Paol 
 VARKDALE— Continued. 
 
 Power to UM electric or other light in lieu of gM SOS 
 
 Woiki may be constructed by contract 908 
 
 Mo(lt> of construction of works to b'. approved of by municipality . . . S08 
 
 Corporation may delegate certain powers to contractors 309 
 
 Corporation may remove commissioners and assume control of 
 
 works 309 
 
 Rights and powers to bo exercised in Toronto, Yorkville and Brockton 
 
 to be subject to assent of councils of those municipalities 909 
 
 Enlargement of borrowing powers for purposes of water and gat 
 
 works 311 
 
 Anrtfxation qf to cUff {1889). 
 
 Town to form St. Alban's Ward 911 
 
 Representation of, in city council : 311 
 
 Appointment of first aldermen 313 
 
 Selection of first school trustees 312 
 
 Rate of taxation to be same as in city, and first levy to be based on 
 
 last assessment roll of town 313 
 
 General debt of town to be assumed by city 312 
 
 Property, papers and documents of town to be delivered to city autho- 
 rities 312 
 
 Debts and obligations of town to be assumed by city 313 
 
 Lands not to be exempted from existing local rates by reason of 
 
 annexation 313 
 
 Debts and obligations due to the town to be payable to the city .... 313 
 Last assessment roll to be uaed for all purposes until new one is pre- 
 pared and revised 313 
 
 Voting on debenture by-law submitte<l by city at time of annexation. 314 
 
 Issue of extra number of tavern licenses 314 
 
 Acts of town council after certain date not to be in force until rati- 
 fied by city council 3U 
 
 School Mattern. 
 
 Representation on school board 31 1 
 
 Inspector of public schools of county to l)e compensated for loss of 
 
 salary by reason of annexation 361 
 
 Acts of public school board after a certain date not to have effect 
 
 until ratified by city board 361 
 
 Property of public school board vested in city board 362 
 
 Miseellaneoua matf^ri. 
 
 Erection of village of, into a town, and division of, into wards 30 
 
 Annexation of, to city 311 
 
 Construction of works on Dufferin street and Roncesvalles avenue on 
 local improvement principle 267i 288 
 
 PARKS, GARDENS AND DRIVES. 
 
 Oeneral Provisions. 
 
 Act authorizing issue of debentures to extent of $100,000 for park 
 
 purposes 118 
 
 Power to acquire lands needful tor park purposes 315 
 
 Limitation as to quantity of lands to be so acquired 315 
 
 Qtieen's Park. 
 
 Application of profits derived from the marsh lands 263 
 
 University authorized to lease lands to extent of fifty acres 316 
 
 Lands so leased to form part of city 317 
 
 University lands to be subject to police regulations 317 
 
 Act vaiidating agreement between University and City {1889). 
 
 Confirmation of agreement 318 
 
 Right of access to avenues by property owners not affected by agree« 
 
 ment 318 
 
 Action to lie for amount awardt-i for right of access to avenues . . . 319 
 Act relating to erection of new p>'iliament buildings not affected by 
 
 this Act 319 
 
 Right of Toronto Athletic Club to have access to avenues 319 
 
581 
 
 INDEX. 
 
 Paob. 
 PARK8, OAKDKNS AND DRIVEN. -CoNfinucd. 
 PrwiiUnu q^ agreement. 
 
 Action pending between University and city vacated SSI 
 
 Existing street openings into park and avenues contirmed S22 
 
 Certain streets and roads in park and leading tliereto dedicated to 
 
 tlie public S92 
 
 Reservation* as to access to such streets by property owners 322 
 
 University lands leas«<l or sold to become liable for local rates 32S 
 
 Description of lands dedicated to citv 823 
 
 Original lease of park as mmlitied by subsequent agreements to 
 
 remain in force 324 
 
 Erection of fence along south side of new western entrance to park . . 324 
 
 Endowment of two chairs in University by city 324 
 
 Regulations fn\A conditions relating to 325 
 
 Settlement of disputes of parties to asreement to be by arbitration . . 825 
 
 Land reserved for botanic garden to be open to public 325 
 
 City to regulate traiUo through park i ud avenues 326 
 
 Parliament Buildingt. 
 
 Site of, veste<l in the Crown 327 
 
 Agreement between the Crown and city respecting site confirmed. . . . 327 
 
 Tcit of agreement 327 
 
 Description of lands taken for site 329 
 
 Horticultural Gardent. 
 
 Authority to borrow money to pay off mortgages on, etc 331 
 
 Biverdale Park. 
 
 Act authorizing sale of, to city 331 
 
 Bottdale Drive. 
 
 Authority granted to trustees of St. James' cemetery to convey cer- 
 tain lands to city 335 
 
 Walks and Gardens. 
 
 Debentures issued under 60 V. c. 71, s. 1, for park purposes, to be a 
 
 first lien upon the walks and gardens fund 118 
 
 Transfer of lands south of Front street to the city 167 
 
 Proceeds of sale or lease of Front street property to be applied to 
 
 park purposes 176 
 
 Proceeds of sale of part of military reserve to be applied to mainten- 
 ance of parks 274 
 
 PARUAMENT BUILDINGS, NEW.-S'ee Parkh, Gardens and Dbivks. 
 
 PARUAMENT BUILDINGS, OLD. 
 
 Rights of Crcwn in lands south of, in constructing the esplanade. . . . 168 
 
 PAVEMENTS. 
 
 Repair, renewal and maintenance of portion of pavements used for 
 street railway track allowances 8 
 
 PETER STREET. 
 
 To be closed south of Front street under esplanade agreement 196 
 
 POUCE COMMISSIONERS. 
 
 Constitution of Board 337 
 
 Remuneration of members of Board 337 
 
 PROVINCIAL LEGISLATURE. 
 
 Representation in 160 
 
 Boundaries of city electoral districts 160 
 
 PUBLIC DRIVES.— /See Parks, Gardens and Drives. 
 
 PUBLIC GARDENS.- See Parks, Gardens and Drives. 
 
 PUBLIC UBRARY.— 5ee Library. 
 
 PUBLIC MUSEUAi. 
 
 Establishment of 266 
 
 QUEEN'S PARK AND AVENUES.— ^ee Parks, Gardens and Drives. 
 
INDEX. 
 
 588 
 
 QUKKN STREET SUBWAY. 
 
 iMraea of debentures to defray coat of 88A, 288 
 
 Term of debenture* and rate of interest 280, 288 
 
 By-Uw Mithorisin^ isaue to settle Amounts to bo raised annaally for 
 interest and sinking fund, and provide for raising annual amount 
 
 required 286, 289 
 
 8m Parkdali. 
 
 RAILWAY CR0S8IN«M. 
 
 Subways and bridges at 119, 123 
 
 Ste ESFLANADB— PaRKDALB. 
 
 RAILWAYS.— 9m Rsplanaur— Railwavh undbhtubir Rupbotivb Nahbs. 
 RECEIPTS AND EXPENDITURE. 
 
 Treasurer to prepare abstract of, annually | 10 
 
 Abstract of, may be inspecteil by ratepayers ' 10 
 
 RECEPTIONS. 
 
 Appropriations for reception of distinguished visitors 844 
 
 REOISTRY AND LAND TITLK.S OFFICES. 
 Act rttpeeting land txtlt*. 
 
 Accommodation for office of land titles 34A 
 
 Rtg'utrar of county of York. 
 
 City authorized to compensate registr<kr of York for loss of income by 
 
 reason of annexation of Yorkviile to the city 846 
 
 BtgMry offieen. 
 
 Division of office 346 
 
 Former registrar for city to be registrar for West Toronto 347 
 
 Enlargement of registry office 347 
 
 Custody of books 347 
 
 Appointment of abstract clerk 347 
 
 - Master of titles to have liberty to use books in registry office without 
 
 payment of fees 348 
 
 RESIDENCES.— ■S'ee Dwblmno Hocsrs. 
 
 ROADS.— ^ee Strerts. 
 
 RONCESVALLES AVENUE. 
 
 Construction of local improvement works on 267i 268 
 
 ROSEDALE CREEK SEWER. 
 
 Authority to borrow money to defray cost of, without assent of electors 214 
 ROSEDALE DRIVE. 
 
 Tnutees of St. James' cemetery authorised to convey certain lands 
 to city , 335 
 
 SCARBORO' ELECTRIC RAILWAY.— ,S'ee Toronto Scarboho' Electric 
 Railway, Light and Powrr Company. 
 
 SCHOOLS. 
 
 Act to amend Act respecting common schoolain Upper Canada (1860) 
 so far as relates to Toronto— A^ete .357 
 
 Additional powers conferred upon school board for settlement "<. 
 claims in respect of lands taken for school sites 358 
 
 Election of school trustees consequent upon rc-divisiou of city as 
 
 into six wards 358 
 
 -~ Brockton erected into a separ.ite school section 359 
 
 Property l>elonging to York\ ille public school board vested in city board 360 
 
 Trustees for section six in township of York continued in office not- 
 withstanding annexation of portion of township to cit^ 360 
 
 First election of separate school trustees in St. Matthew's and St. 
 
 Mark's Wards ^ 360 
 
 Election of separate school trustees for St. Paul's Ward for 1883, con- 
 firmed 361 
 
 Payment of annual sum by separate school board of city to school 
 section No. 1 of township of York, to assist in paying debts con- 
 tracted prior to annexation of Yorkviile 361 
 
584 
 
 INDKX. 
 
 •;l 
 
 Paoi. 
 SCHOOLS. -CoiUiNNri/. 
 
 Payment to insiwclor of public luhooU for covinty of York, m camncn- 
 
 Mtlon for icNW of uUry by rooaon of the annexation of I'arkukle. 361 
 Acta of public ■ohool bo«r<1 of Park<l»le, aftor curtain <lat«, not to 
 
 have ufTeot until ratiHe<l bv city lN*ar<l Ml 
 
 Property of public whtMil Utaril of rarkdale veuteil in city board . . . 862 
 
 SEPAUATR SCHOOIX. -.Sr<« SciUMtiA 
 SBWEK DEBENTURES. 
 
 Act anthorbing iMus of 117 
 
 8u City Dkbt— Oarhihon Ckbbk Sbwkr— Rohedalk Ckhk 
 Skwbr. 
 
 SHERIFF OF CITY. 
 
 Dutiea u to Mleotion of jurora 264 
 
 To have charge of gaol 313 
 
 8IMC0E STREET. 
 
 Portion of, at south end to be oloied under Esplanade agreement. ... 196 
 
 STOCK.— S^e CoRroBATioN Stock. 
 
 STREET RAILWAYS. . • .- 
 
 Authority to repair, renew and maintain pavements on track allow- 
 ances 8 
 
 Costs to 1)6 assesBed against property abutting thereon 8 
 
 Power to issue debentures for cost of paving track allowanoes 120 
 
 yotinff/or runniin/ car» oil Sunday. 
 
 Municipal Act to apply to taking of vote whore applicable 441 
 
 Submission of question to be in pursuance of city by law, which 
 
 shall define nature and extent of proposed Horvice 441 
 
 New registration of voters under "Manhood SuiTrago Act" may be made 441 
 
 Qualification of voters 441 
 
 Voters' lists to be prepared fur deputy-returning officers and certified 442 
 
 ■ ' !; , Voters to vote once only 442 
 
 , .' Time for taking vote and locationof polling places to be fixed by by-law 442 
 
 Appointment of agents 442 
 
 Auents' authority to act to be in writing 442 
 
 Election officers to vote at booth where engaged 443 
 
 r. Oath or affirmation to be administered to voters 443 
 
 , Onties of deputy-returning otticers at close of poll 443 
 
 Sale of liquor on polling day prohibited -. . . 444 
 
 When question may be re-submitted 444 
 
 Schedule shewing form of oaths and affirmations. 444 
 
 See Strkkt Railways under tukir Respective Names. 
 
 STREET RAILWAY AGREEMENT.— £'ee Toronto Railway Company. 
 
 STREETS AND ROADS. 
 
 Repair, renewal and maintenance of portion of pavements used for 
 
 street railway track allowances 8 
 
 Confirmation of by-laws changing names of streets prior to 1885 .... 348 
 Authority to pass by-laws prescribing width of streets, lanes, etc. . . 340 
 City to acquire York roads in St. Mark's and St. Matthew's Wards.. 354 
 
 See Streets under their Respective Names. 
 ST. ALBANS WARD. 
 
 Boundaries of 31 
 
 ST. ANDREW'S MARKET. 
 
 Description of site of 271 
 
 Establishment of 271 
 
 Management and control of, vested in Council 271 
 
 ST. 'ANDREW'S WARD. 
 
 Boundaries of 13, 17 
 
 ST. DAVID'S WARD. 
 
 Boundaries of 13, 16, 17 
 
 Repeal of Act defining boundaries of liberties attached to 15 
 
INUKX. 
 
 58S 
 
 It. GEORGE'S WARD. 
 
 Bountlariea of 14, 17 
 
 ST. JAME8' CKMETERY. 
 
 TruitcM authorised to convey certain Iniuli to uity tu form part nf 
 RoM<lal« drix* S3A 
 
 ST. JAMEH' WARD. 
 
 Bouudariea of 15, 18 
 
 ST. JOHN'H WARD. 
 
 Boundariei of 18 
 
 ST. LAWRENCE MARKET. 
 
 Market M|uare veated in town of Yurli 90t 
 
 " " vested in City 270 
 
 Power given to Icaae inino in (Miriiela 969 
 
 Application of renta from 269 
 
 Exiating loaae not to be voided 269 
 
 Certain portion of, veated in acliool truateea 269 
 
 ST. LAWRENCE WARD. i 
 
 Boundariea oi 14, 17 
 
 Addition to 20 
 
 ST. MARK'S WARD. , > , 
 
 Boundariea of 98 
 
 New division of ^ 24 
 
 Addition to 25 
 
 A ppointment of first aldermen for 45 
 
 Election of (irst ach'iol trustees for 45 
 
 Act empowering city to pass l>y-lawa to provide for certain apeoial 
 
 aaaeasments in 47 
 
 ' City to acquire portiona of York roada lying within 354 
 
 Firat election of separate school trustees for 860 
 
 ST. MATTHEW'S WARD. 
 
 Boundaries of 22 
 
 Election of first aldermen and school trustees for 45 
 
 Coat of taking census 46 
 
 City to acquire portions of York roada lyipf within 351 
 
 Firat election of separate school truateea for 360 
 
 ST. PATRICK'S MARKET. 
 
 Deacription of aite of 271 
 
 Eatablishment of 271 
 
 Management and control vested in council 271 
 
 ST. PATRICK'S WARD. 
 
 Boundanea of 13, 18 
 
 ST. PAUL'S WARD. 
 
 Boundariea of 21 
 
 Vddition to 25 
 
 Creation of 554 
 
 Confirmation ot assessment rolls and voters' list of Yorkville upon 
 
 annexation of, to city 555 
 
 Appointment of first aldermen for 565 
 
 Election of first school trustees for 555 
 
 " separate school trustees for 1883 confirmed 361 
 
 ST. STEPHEN'S WARD. 
 
 Boundaries of 20 
 
 New division of 24 
 
 Addition to 25 
 
 ST. THOMAS' WARD. 
 
 Boundariea of 20 
 
 SUBWAYS AT RAILWAY CROSSINGS. 
 
 Acts relating to construction of 110, 122 
 
&Cu 
 
 INDEX 
 
 Pao* 
 
 TAXES.— Se« AflSESSMENTS. 
 
 TELEPHONE COMPANIES. --S#e Bell Telephone Company. 
 
 TOLLS ON YORK ROLLS. 
 
 Agreement wiih county for abolition of . 41 
 
 TORONTO AND GUELPH RAILWAY.— -See Grand Trunk Railway. 
 
 TORONTO AND MIMICO ELECTRIC RAILWAY AND LIGHT CO. 
 
 Act respecting (1891), 
 
 Certain county and township by-Iawa confirmed 448 
 
 Extension of time for beginning and completing works 448 
 
 Issuing bonds or debentures 448 
 
 Acquiring and disposing of lands necessary for construction and 
 
 ' operation uf road 440 
 
 Acquiring lands for parks and public resorts, with consent of muni- 
 cipalities interested 449 
 
 Municipalities may grant aid to company 449 
 
 Text of by-laws referred to in Act 450 
 
 Text of agreement between company and county 462 
 
 " " between company and township of Etobicoke. . . . 460 
 
 Act respecting (1892). 
 
 Power to expropriate lands 469 
 
 Agreements with county confined 470 
 
 Text of agreements 470, 471 
 
 TORONTO ATHLETIC CLUB. 
 
 Right of access to avenue 310 
 
 TORONTO GENERAL BURYING GROUNDS. ; 
 
 Trustees authorized to convey portion of lands comprising Riverdale 
 
 park to city 332 
 
 Validaticn of agreement with city 334 
 
 Removal of remains of thu dead 334 
 
 Compensation to private owners of lots on said lands 334 
 
 TORONTO GENERAL HOSPITAL 
 
 Appointment of Trustees 240 
 
 TORONTO, GREY AND BRUCE RAILWAY. -^ce Esplanade. 
 
 TORONTO HARBOUR.— ^ee Harbour. 
 
 TORONTO ISLAND. -See Island. / 
 
 TORONTO RAILWAY COMPANY. 
 
 Act to ineorporcUe company and validate agreeinent with city (1892). 
 
 Confirmaticv of agreement with original purchasers of railway 367 
 
 Extent A privilege of operating within city 367 
 
 Cars not to be operated on Sunday until citzens vote in favour thereof 367 
 
 Ir'Ci-jk ration of company 368 
 
 Comnar.y empowered to purchase railway 368 
 
 '' " to issue, paid up sharcF. in payment of purchase 
 
 money 368 
 
 Powers of company generally 368 
 
 City may take over property at expiratic u of term, — manner of de- 
 termining compeusation to be paid therefor 369 
 
 Company autnorized to acquire lands and dispose of same 370 
 
 Company empowered to enter into agreement with city for assuming 
 
 obligations of first purchasers 370 
 
 School taxes and rates payable by company to be governed by general 
 
 law applicable to incorporated companies 370 
 
 Capital stock of company, amount fixed 370 
 
 Head office to be in city 370 
 
 Provisional directors, appointment and powers of 371 
 
 Rights of alien shareholders 371 
 
 Qiudifioation of directors 371 
 
 I^t election of directors 371 
 
 Annual meetings ■ * " 371 
 
 Special meetings 372 
 
mt)Ex. 
 
 587 
 
 Paok. 
 TORONTO RAILWAY COUP AifY.— Continued 
 
 Company to be managed by direotora— quorum of directora 873 
 
 Certain sections of "Street Bailuny Act incorporated with this Act 372 
 
 Fares to be due when passenger enters car 372 
 
 Penalty for refusal to leave car or pay fare 372 
 
 Certain secUons of the " Railway Act of Ontario " incorporated with 
 
 this Act 372 
 
 Operation of railways outside of city 372 
 
 Agreements with other companies for operating railways in other 
 
 municipalities . 373 
 
 Acquisition of lands for park purposes 373 
 
 Limitations as to quantity of land to be so used 373 
 
 ' Park lands not to be deemed part of assets for which city has to 
 
 pay in taking over railway 374 
 
 Issue of bonds and demntures 374 
 
 Limitations as to amount of issue of bonds, debentures and 
 securities by company 376 
 
 Application of proceeds of sale of bonds, 377 
 
 Snow, ice and other material not to be placed on streets, without 
 
 consent of city engineer 379 
 
 Power as to promissory notes and bills of exchange 378 
 
 Meaning of certain words defined 378 
 
 •* Street Railumy Agreement," 
 
 Preamble and recitals 378^ 
 
 Provision as to sale of railway 380 
 
 Exclusive right to operate street railways in city granted subject to 
 
 certain exceptions 380 
 
 Award, tender, conditions and by-law incorporated in agreement . . 381 
 
 Purchasers agree to fulfil conditions of agreement 381 
 
 ' Provision for payment of balance of purchase money 381,383 
 
 Payment of an annual sum for use of streets, 381 
 
 " " portion of gross receipts to city 382 
 
 " " additional percentage if issue of a certain class of 
 
 tickets is waived 382 
 
 " " cost of additions to roadway, plant, etc. made while 
 
 system was operated by the city 382 
 
 Car factory to be erected 383 
 
 School rates paid by company, disposition of 383 
 
 Certain rights of parties under clause three of conditions to be de 
 
 termined by county judge 383 
 
 Property conveyed under this agreement to be charged with payment 
 
 •'. purchase money 383 
 
 Percentage and mileage charges constituted a lien and charge on the 
 
 railway and property in connection therewith 383 
 
 Tickets to be sold at offices of company and on cars 384 
 
 Value of horses sold by city to be allowed to the company 384 
 
 Books and accounts oi company to be kept on a system approved of 
 
 by city treasurer 384 
 
 Documents and instruments necessary to carry out this agreement to be 
 
 settled by registrar of court in case parties fail to agree as tosame 384 
 Outstanding tickets issued by city, redemption of 384 
 
 Conditions of sale referred to in '* Street RaUtoaif Agreement." 
 
 Privileges to be granted, defined 385 
 
 Property to be disposed of, described 385 
 
 Purchaser to accept title acquired by city under award of arbitrators 386 
 Purchase money may be paid in instalments, subject to certain con- 
 ditions 386 
 
 Redemption of ontstandiiiff debentures issued by old company .... 386 
 Purchaser not to issue bonds or debentures for a longer period than 
 
 the term of this contract 387 
 
 City may take over railway at expiration of term of contract 387 
 
 Track allowances to be constructed and maintained by city 387 
 
 Purchaser to pay mileage allowance tocity 387 
 
 Purchaser to construct, maintain and renew tracks, etc 387 
 
 Construction of permanent pavements in connection with laying new 
 
 tracks 388 
 
 75 
 
/■ 
 
 688 
 
 INDEX. 
 
 TORONIX) RAILWAY COMP.iNY.— CoiUinuni. 
 
 Gtutge of lyitan to be mainUined 888 
 
 Extensiona of aystem not to be made until approval of city council la 
 
 obtained 388 
 
 Traoka to be laid to conform to {[rade of atreeta 388 
 
 Street gradea not to be altered without conaent of city engineer .... 388 
 Laying new liuea , 388 
 
 Should purohaaer fail to lay down new linea when required to 
 
 do ao city may grant the privilegeto othera 
 
 Taking up tracka by cit^ for altering atreet gradea repairing pave- 
 
 mento, aewera, etc 389 
 
 Privilege granted to be aubjeot to exiating righta of other comi^iea. 389 
 , York vme avenue and ScoUard atreet, the uae of atablea and bnildinga 
 
 on, to be discontinued 389 
 
 Track allowance to be kept free from anow and ice at expenae of pur- 
 
 chaaer 389 
 
 Resulationa aa to removal of anew from tracka 390 
 
 ■ ■ y Should purcnaaer become inaolvent tracka to become property of the 
 
 ;/ city 390 
 
 / Electric or other new ayatem to be aidopted for operating railway .. 390 
 
 Horae power may be used until new syatem ia tiniahed 390 
 
 Speed and aervice on different linea to be determined by city engineer 
 
 and approved of by couucil 391 
 
 Day cara, houra of running 391 
 
 Night cara, proviaion for running 391 
 
 Ticketaand farea, deacriptionandpriceaof 391 
 
 Police conatablea in uniform and firemen (while tire ia in progreaa) to 
 
 be carried free 392 
 
 Pnrchaaer to indemnify city againat damsgea ariaing from operation of 
 
 railway 392 
 
 Cara of most approved design to be used 392 
 
 ^ Cars to be in charge of a nnifonaed conductor 392 
 
 Overcrowding of cars not to be permitted 392 
 
 Cars to be stopped clear of cross streets and midway on long blocks . . 392 
 Sunday cars not to be operate«l until approval of citizens la obtained 392 
 Limitation of time workmen are to be employed daily or weekly .... 392 
 
 Wagea of workmen 392 
 
 Right to operate overhead, underground, or aurface r&ilwaya on 
 
 Island, reserved 393 
 
 Settlement of diaputes between partiea 393 
 
 Pnrchaaer to furniah annual statement of cars, tracka and appliances 
 
 to city ensineer 393 
 
 Penalty for faUure to execute contract for fulfilment of tender 393 
 
 Penalty for neglect or failure to perform conditiona of contract 393 
 
 Proviaion for reception of alternative tenders 394 
 
 Award referred to " Street Railway Asreement." 394 
 
 Schedule pf property covered by award 398 
 
 , ^ Tenders of purchasers reftirred to in Street Railway Agreement. . . . 404 
 ^-law of ofty authorizing execution of ' ' Street Railway Agreement. " 408 
 Agreement between the company, the city, and Kiely tlai. 410 
 
 A<X relating to company (1893). 
 
 Mortgage on aasets of company to secure payment of bonda confirmed. 412 
 Property to be free from truats on release or conveyance by truateu. 412 
 Mortgage need not be regiatered in uaual way but may oe filed in 
 
 provincial aecretary'a office 413 
 
 Text of mortgage 413 
 
 Form of firat mortgage bond 420 
 
 Conditiona indoraed upon bonda 422 
 
 Schedule of property referred to in mortgage 437 
 
 Act relating to company (1894). 
 
 Directora of company, variation in number of 439 
 
 Tranafer of aharea 439 
 
 Eatabliahment of agenoiea for tranafer of stock 439 
 
 R^pilationa respecting aurrender of old bonda and issue of new ones . . 439 
 Proviaions for voting on question of operation of cara on Snndaya .... 440 
 Qualittoation of votera on " Sunday oar question " 441 
 
INDEX. 
 
 689 
 
 Paor. 
 TORONTO RAILWAY COMPANY.— Con/inued. 
 
 Act rekUing to Melropotitan Street Rculway (1892). 
 
 Righta of company aa to use of portion of Yonge ttreet not affected 
 
 by this Act 492 
 
 Act rtltiting to Toronto Scarboro' Electric Railway, Light a'ui Power Com- 
 pany (1893). 
 Scarboro' Electric Railway authorized to enter into mnning arrange- 
 menta with 5!8 
 
 TORONTO SCARBOriO* ELECTRIC RAILWAY LIGHT AND POWER 
 COMPANY (LIMITED). 
 
 Confirmation of certain by-laws and agretiments relating to 518 
 
 Use of portion of the Kingston road (now Queen street) 518 
 
 Company authorized to enter into running arrangements with Toronto 
 Railway Company 518 
 
 TORONTO STREET RAILWAY. 
 
 ' Confirmation of debentures, by-!aws and special assessments against 
 
 company for local improvements 60, 61, 62 
 
 Several Acta relating to— Effete. 
 
 For references, »ee pages 363, 364, 366 
 
 City empowered to borrow money to purchase and operate 365 
 
 TORONTO WATER WORKS.— See Wateb Works. > :'^ 
 
 TORONTO YACHT CLUB. 
 
 Acquisition of property of, under Esplanade agreement 201 
 
 Text of agreement respecting conveyance of property 208 
 
 TRUNK SEWER SYSTEM. 
 
 Act authorizing issue of debentures to defray cost of 117 
 
 UNION STATION.— .See Esplanade. 
 
 UNIVERSITY OF TORONTO. 
 
 City authorized to grant aid to 522 
 
 See Parrs, Gardbns and Drives- City BouNDARisiti— KkNo'a 
 
 COLLEOE. 
 
 VOTERS' LISTS. ' ' 
 
 Act respecting preparation of {,189.% 
 
 Clerk to prepare immediately after assessment rolls are returned by 
 
 assessors 523 
 
 Printing and publication of >'upplementary lists 523 
 
 WALKS AND GARDENS' PROPERTY.- Se« Parks, Gardens and Drives. 
 
 WARDS. 
 
 V/ard No. 1, boundaries of 36 
 
 2, " 39 
 
 ' «« 3, " 37 
 
 , ' " 4, " 37 
 
 5, " 37 
 
 6, " 37 
 
 Question as to creation of new wards to be suomitted to electors upon 
 
 petition of five hundred resident freeholders 34 
 
 If veto is favourable it is duty of council to give effect to petition. ... 35 
 
 Council refusing to comply with petition 35 
 
 .. Lieutenant-Goveruor in Council may re-divide city into wards 35 
 
 Expenses of commission to be borne by city 36 
 
 When new division is made no further divisions shall be made for 
 
 five years 36 
 
 See City Boundaries. 
 
 WATER COURSES AND SEWERS. 
 
 Power of city to widen, deepen, divert or straighten streams 524 
 
 Power of city to construct main off- take sewers, etc 624 
 
 Sck, Don Improvement— Rosedalb Creek Sewer -Garrison Creek 
 
 SSWEB. 
 
590 
 
 INDfeX. 
 
 , X 
 
 WATERWORKS. 
 
 Act to authorhe city to erect Water Worhi {1857), fffete. 
 
 Act retpecting Oily of Toronto Water Company (W7i). 
 
 Righto of certain companies vested in company 623 
 
 Authority to sell works 626 
 
 Act respecting City of Toronto Water Company (1874)' 
 
 Confirmation of sale of works to city 628 
 
 Act authorizing Cowtt^'uction of, by city (1S72). 
 
 City authorized to construct works by commissioners 629 
 
 Commissioners to be a body corporftte 629 
 
 Composition of "water commission." 629 
 
 Powers of commission 630 
 
 Duties of commissioners 630 
 
 Expropriation of property, provision for arbitration, etc. 630 
 
 Lands appropriated to be vested in city 632 
 
 Works vested in city 633 
 
 Laying mains on public streete '.... 633 
 
 Penalty for injuring property of comrnission 633 
 
 ^. Materials procured under contract with commissioners declared ex- 
 empt from execution 634 
 
 '' ' Accounts of receipts and disbursemento to be kept by commissioners 634 
 
 Statement of affairs of commissioners to Im made to city annually . . 634 
 -: Oaths of commissioners and officers to be taken before a justice of 
 
 , the peace 634 
 
 Minutes of proceedings of commission to be kept 534 
 
 Powers of commission as lo use and distribution of water, levying 
 
 of rates, etc 636 
 
 Water rates to be paid lo city after completion of works 636 
 
 Enforcing payment of rates 636 
 
 Employment of collectors, etc 636 
 
 Penalty for making connection with mains without consent 636 
 
 " " fouling water 636 
 
 " " wronnul use of water 637 
 
 " '* injunng hydrants, etc 639 
 
 Service pipes, regufatinns as to laying of 638 
 
 Taps to be of design approved of by commissioners 638 
 
 City or commissioners not to be held liable for breakage of service 
 
 pipes and attachments thereto 638 
 
 Right of access by commissioners or ageuto to buildings where water 
 
 is used 538 
 
 Quorum of commissioners 539 
 
 ; ' . Powers of commissioners 639 
 
 Extension of works beyond city limito 639 
 
 Commissioners and officers protected in exercise of office 540 
 
 Power to issue debentures 640 
 
 Regulations respecting disposal of debentures 641 
 
 Debentures constituted a hen upon works 642 
 
 Application of revenue 542 
 
 Borrowing power of city not affected by this Act 542 
 
 Property of commission exempted from taxation 642- 
 
 Limitation of time for bringing actions against commission 642 
 
 ; Officers of commission to be officers of the peace 642 
 
 By-laws authorizing construction of works to be approved of by 
 
 electors 642 
 
 Number and salaries of commissioners 643 
 
 Term of office of commissioners and mode of election of 643 
 
 Limitation of time for completion of works 644 
 
 Works done by commission to be done by contract 644 
 
 Commissioners or aldermen not to be personally interested in con- 
 tracts 644 
 
 Purchase of existing works 644 
 
 Attending Act (1874). 
 
 Damages for injury to works, recovery of 644 
 
 Anchors not to be dropped near condnit pipes 646 
 
 Meters to guage quantity of water consumed, use of 646 
 
 Sale of lands held for water works parpoaes 545 
 
INDEX. 
 
 591 
 
 Paoi. 
 WATER WORKS.-CoH<»tttt«/. 
 
 Amending Act (1876 J. 
 
 Further iuue of debentures 546 
 
 Further provisions respecting sale of land 546 
 
 Extension of time for completion of works 547 
 
 Sewer pipes, further regulation respecting 547 
 
 City may appoint city engineer to act as consulting engineer 547 
 
 Act respecting (1877). 
 
 Commission empowered to enter buildings to put in meters 548 
 
 Penalty for altering meters 548 
 
 Assumption by city of lands held by commissioners 548 
 
 Sale of lands not assumed by city 549 
 
 Act rttfecting (1878). 
 
 Powers of commission vested in city 550 
 
 Confirmation of acts of city and water works committee 530 
 
 Aldermen not disqualified by reason of taking water from city 551 
 
 Ad, respecting (1884). 
 
 Issue of debentures to defray cost of additional pumping power and 
 
 otherwise improving works 551 
 
 Powers of city not abridged by passage of this Act 552 
 
 Act to be incorporated with Municipal and Assessment Acts 552 
 
 Act respecting (1891). 
 
 Provision for transfer of certain surplus moneys raised nnder by-law 
 
 No. 2310 55S 
 
 Act respecting Parkdak Water Works. — See Parkdalk. 
 
 WESTERN CATTLE MARKET.— 5^ee Cattle Market. 
 
 YONGE STREET RAILWAY CROSSING. 
 
 Protection of 193 
 
 YORK COUNTY. 
 
 Agreement with, respecting Lake Shore road, and settlement of suits 
 
 in connection therewith 39 
 
 Agreement respecting abolition of tolls on county roads, and the col- 
 lection of market fees 41 
 
 Agreement with respecting annexation of water lots south of Lake 
 Shore roa'l 41 
 
 Provision for uettlement of disputes, etc., with, arising from annexa- 
 tion of Brockton and St. Matthew's Ward to city 46 
 
 Agreement with city as to erection, maintenance and use of new city 
 buildings 50 
 
 Confirmation of agreement 49 
 
 Power to sell old court house and site 54 
 
 City to bear proper proportion of salaries of shorthand writers 
 employed in local courts 66 
 
 Duties of Crown Attorney for 57 
 
 Act to vest county jail situated in city in county 213 
 
 iS'ee Lake Shore Road. 
 
 YORK ROADS. 
 
 Act to vest York roads in county of York and relieve county of Peel 
 
 from liability therefor 353 
 
 City to acquire portions of, in St. Mark's and St. Matthew's Wards. 334 
 Act confirming certain surveys of 355 
 
 See Lake Shore Road. 
 
 YORK STREET. 
 
 Closing and deviating at intersection with Esplanade 195 
 
 Overhead Bridge. 
 
 To be erected by C. P. R 193 
 
 To be a public highway 193 
 
 City to make abatement of rent to C. P. R. in respect of property 
 
 used for 193 
 
 Manner of determining proportion of cost to be borne by city and 
 railway companies 194 
 
592 
 
 INDRX. 
 
 Faob. 
 TORKVILLK 
 
 AniMXfttion of 21 
 
 Property of publio Mhool board of, vetted in city board MO 
 
 Proviaioo for payment of an annual ram by aeparale ichool board of 
 city to loiiool Motion No. 1, to liquidate oebta oontraoted prior 
 
 toannexatkm Ml 
 
 Act providing far annexation qfitSSS). 
 
 Annexation of, to dty 654 
 
 Confirmation of laat raviaed aaaeaament rolls and votera' liats fiSS 
 
 Appointment of firat repreaentativea of, in city ooundl 085 
 
 First election of lohool tmateea 655 
 
 Property of village veated in oit^ 565 
 
 City deolared liable for outstanding debts of village 666 
 
 Added lands not freed from certain obligations previously ^ ontracted 
 
 for 6M 
 
 Oblioations of sureties of officials preserved 6M 
 
 Settument of diflerenoes between city and county arisbg from an- 
 nexation of village 666 
 
 / Gratuity to clerk to be considered a liability of village 668 
 
 ' Act to eontoHdaU debt of(188t). 
 
 Preamble 660 
 
 Gonsolidationotdebt 660 
 
 Authori^ to pass by-laws for new loan 660 
 
 Assent of electors for such new loan not essential 600 
 
 .. Limitation as to amount of new loan 660 
 
 Debentures when and how payable 600 
 
 Application of proceeds of new loan 660 
 
 Provision for calling in outstanding debentures 601 
 
 By-laws creating onginal debt not to be repealed until indebtedness 
 
 is paid 561\ 
 
 Investment of sinking fund moneys 661 ' 
 
 ' ^iconsistent provisions of Municipal Act not to apply to this Act. . 662 
 
 Proviso as to other liabilities of village 562 
 
 Proviso as to outstanding school debentures