"A By-law to raise by way of loan the sum of twenty-five thou sand dollars for the purposes therein mentioned;" And whereas an agreement was entered into between C. J. Brydges, Esquire, as Managing Director of the Grand Trunk Railway for such railway company, and Adam Ker, esquire, as Mayor of the said corporation of the Town of Galt, to the following effect, namely:

That so soon as the said corporation of the Town of Galt or any number of individuals appointed' on their behalf shall have obtained a charter authorizing the building and continuing of such railway connection from Doon to Galt and the right of way through the intervening lands shall have been acquired and fenced in, together with whatever bridges, culverts and cattle guards as are necessary shall have been built and made and the road-bed formed and the necessary station buildings provided at Galt, said Grand Trunk Railway Company promise and covenant that so soon as the said work shall have been performed and the said charter secured they will at their own cost furnish the necessary ties and rails and lay the track and work or run the said railway branch at their own cost and expenses and also that the said railway branch shall when completed be run by at least one passenger train each way per day between Galt and Toronto and a sufficient number of freight cars or trains supplied equal to the accommodation and business requirements of the said Town of Galt.

And it is hereby further agreed between the said contracting parties hereto that the Corporation of the Town of Galt may adopt either of the two surveys (designated as the "upper and lower levels") which have been made of the said branch line of road from Doon to Galt which they may find to be the best suited to their interests.

In witness whereof the said Grand Trunk Railway Company of Canada and the corporation of the said Town of Galt have hereunto caused to be affixed their respective seals, the day and year above written, opposite to which their duly authorized officers have subscribed their names.

dollars to me paid, receipt

in consideration of
whereof I acknowledge, hereby grant to

that land (describe the same)
to have and to hold to the said

their suces

sors and assigns for ever (or as the case may require according to the estate or interest granted).

hereby bars her dower in the said lands (here add covenants or conditions agreed on).

Preamble.

Incorporation

Corporate
Name.

Capital.

CAP. LXIV.

An Act to incorporate the Sandwich and Windsor
Passenger Railway Company.

[Assented to 2nd March, 1872.]

W and the neighbourhood, in the county of Essex, have by

HEREAS many inhabitants of Sandwich and Windsor

their petition represented that the Railway authorized to be constructed between those places, by an Act of the late Parliament of Canada, passed in the twenty-ninth year of the reign of Her Majesty Queen Victoria, and chaptered eighty-four, has not been proceeded with, and have prayed that an Act may be passed to authorize the construction and operation of a similar Railway under other directors and management; And whereas it is expedient to grant the prayer of the petition;

Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. James Frazer, Henry Kennedy, Jean B. Cauthier, William McGregor, William B. Hirons, Thomas H. Wright, Henry McAfee and such other persons as shall hereafter become shareholders of the said company, are hereby constituted a body corporate and politic under the name of the "Sandwich and Windsor Passenger Railway Company."

2. The capital stock of the company shall be fifty thousand dollars, in shares of twenty dollars each.

pletion of the

3. The company may commence operations and exercise the Commencepowers hereby granted, so soon as one-third of the capital stock ment and comshall be subscribed, and twenty per centum thereon paid up; but work. the said company shall commence the construction of the said Railway within one year, and complete the same within two years from the passing of this Act.

company's railway.

Occupation of

4. The company are hereby authorized and empowered to Line of the construct, maintain, complete, and from time to time remove and change a double or single iron Railway with the necessary side tracks, switches and turnouts for the passage of cars, carriages and other vehicles adapted to the same, from any part of the town of Sandwich aforesaid, to any part of the town of Windsor aforesaid, and to continue the same to any part of the village of Walkerville in the said county; and to take, transport and carry passengers and freight upon the same by the power and force of animals, or by any other motive power they may see fit to adopt; and to construct and maintain all necessary works, buildings, appliances and conveniences therewith connected; and to use and occupy such of the streets and highways and bridges, if any, of the said highways. places, as may be required for the purposes of their Railway track and the laying of their rails, and the running of their cars and carriages; Provided that the streets of the said towns Proviso. of Sandwich and Windsor not being part of the gravel road hereinafter mentioned, shall not be so occupied unless by the permission of the municipal councils of those towns, expressed by by-law, which shall regulate the same; Provided also, that Proviso. should the said company see fit to construct any part of their said Railway along the line of the Sandwich and Windsor gravel road, which they are hereby empowered to do, they shall compensate the owners of the said gravel road for any encroachment thereon by which the said gravel road shall be injuriously affected, in the same manner and by the same means as are in this section provided in respect of any other owners or occupiers of lands to be taken for the purposes of the said Railway; Proviso. Provided that should the said company see fit to construct their said Railway by any other route than the said gravel road, or by any other than a street or highway, then the said company is hereby empowered to purchase, acquire, have, hold and transfer and convey any lands and real estate which may be required for the purposes of their Railway track, and the laying of their rails, and the running of their cars and carriages and the construction of their road, making compensation to the owners and occupiers of the said lands and real estate; and the proceedings for such acquirements, holding, and compensation, whether by agreement, or where parties are unwilling or unable to sell and convey, or in any other case, shall, as nearly as possible, conform to and be the same as the provisions in those respects of the Act of the Parliament of the Province of Canada, chaptered sixty-six, in the Consolidated Statutes of Canada, entitled "An Act respecting Railways."

Rails how to be laid.

Gauge.

Board of Directors.

Election.

5. The rails of their Railway shall be laid flush with the street and highway, and the Railway track shall conform to the grades of the same so as to offer the least possible impediment to the ordinary traffic of the said street and highway; and the gauge shall be such that the ordinary vehicles now in use, may travel on the said tracks, which it shall and may be lawful for them to do, provided they do not interfere with, or impede the running of the cars of the company, and in all cases, any carriage or vehicle on the track shall give place to the cars by running off the track.

6. The affairs of the company shall be under the control of, and shall be managed and conducted by a board, to consist of seven directors; each of whom shall be a stockholder to an amount of not less than five hundred dollars; and shall be elected on the second day of January of every year, at the office of the company; and all such elections shall be by ballot, by plurality of the votes of the stockholders present; each share to have one vote, and stockholders not personally attending, may vote by proxy; and the directors so chosen, shall as Term of office. soon as may be, elect one of their number to be president; and directors shall continue in office one year, and until others shall be chosen to fill their places; and if any vacancy shall at any one time occur in the office of president or director, the remaining directors shall fill up such vacancy for the remainder of the year.

Vacancies.

First directors.

Powers of

Board of Directors.

7. James Frazer, Henry Kennedy, John B. Gauthier, William McGregor, William B. Hirons, Thomas H. Wright, and Henry McAfee, shall be the first directors of the company; and shall severally hold their offices until the second day of January, one thousand eight hundred and seventy-three, and until their successors are appointed.

8. The directors of the company shall have power and authority to make, amend and repeal, and re-enact all such bylaws, rules, resolutions and regulations, as shall appear to them proper and necessary touching the well-ordering of the company; the number of directors; the acquirement, management and disposition of its stock, property and effects, and of its affairs and business; the entering into arrangements and contracts with the said towns or adjoining municipalities; the declaration and payment of dividends out of the profits of the said company; the form and issuing of stock certificates; the calling of special and general 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 for passengers and freight transported over the railway, or any part thereof; the intervals of time in running each car; the time within which on each day the cars shall be run; the speed of runuing the same; and in general to do all that may be necessary to carry

out

out the objects and exercise the powers incident to the company so that such regulations shall not conflict with existing laws.

9. The stock of the company shall be deemed personal estate, Stock to be and shall be transferable in such way as the directors shall by personalty. by-law direct.

&c.

10. The company may purchase, lease, hold, acquire and Real estate, transfer all real and personal estate necessary for carrying on the operations of the company.

vided against.

11. If the election of directors be not made on the day ap- Failure of pointed by this Act, the company shall not for that reason be elections prodissolved, but the stockholders may hold the election on any other day, in the manner provided for by any by-law passed for that purpose; and all the acts of directors, until their successors shall be elected, shall be valid and binding on the company.

bentures.

12. The directors of the company may from time to time Issue of Deraise or borrow for the purposes of the company, any sum or sums not exceeding in the whole twenty thousand dollars, by the issue of bonds or debentures, in sums of not less than one hundred dollars, on such terms as they may think proper; and may pledge or mortgage all the property, and the tolls and income of the property, or any part thereof, for the re-payment of the money so raised or borrowed; and the payment of interest thereon; Provided always, that the consent of three-fourths in Proviso. value of the stockholders of the company, shall be first had and obtained at a special meeting to be called and held for that purpose; Provided also, that the said company shall not be Proviso. authorized at any time to borrow a sum exceeding the amount of the capital stock then paid up.

palities.

13. The said towns of Sandwich and Windsor, and the ad- Agreements joining municipalities in Ontario, are respectively authorized to with munici make and to enter into any agreements or covenants with the said company, relating to the macadamizing, repairing and grading the street and highway, and the construction, opening and repairing of drains and sewers, and the laying of gas and water pipes in the street and highway to be traversed by the said Railway; the non-obstructing or impeding of the ordinary traffic; and also to the construction and equipment of the said Railway along and upon any other street, and along any other route than the one herein described.

carry out

agreements.

14. The said towns and the said municipalities are hereby By-laws to authorized to pass any by-law or by-laws, and to amend or repeal the same, for the purpose of carrying into effect any such agreements or covenants, and containing all necessary clauses, provisions, rules and regulations for the conduct of all parties concerned, relating thereto, and for the enjoining obedience

thereto;