thousand dollars and all interest thereon pursuant to said by- Proviso. lease to Grand ized. 2. The said railway company is hereby authorized and em- Amalgamation powered to enter into an agreement for the amalgamation of the with or sale or said company with the Grand Junction Railway Company, or Junction Railany other Railway Company, or for selling, transferring or leas- way authoring its line of railway or any part thereof to any such company together with the property, privileges and franchises belonging to it or to such part of its line as may be so sold, transferred or leased on such terms and conditions as may be defined by the agreement under the seal of the said companies entering into such agreement, which shall be ratified and approved of by a majority of the stockholders present or represented at a general meeting called for the purpose of considering such agreement, which shall be valid and binding on the several companies entering into the same after such ratification and approval. CHAPTER 54. An Act to amend the Acts relating to the Brantford, W [Assented to 11th March, 1879.] HEREAS the Brantford, Norfolk and Port Burwell Rail- Preamble. way Company has, by its petition, represented that it has completed thirty-five miles of its railway, from the City of Brantford to a point in the Township of Middleton, and that by-laws for the granting of bonuses to aid the company in the further construction of its railway to or near to Port Burwell have been passed by municipalities through and adjacent to which the said line of railway to, or near to, Port Burwell would run; and has prayed that an Act may be passed extending the time for completion of its railway and branches, and for other purposes; and whereas it is expedient to grant the prayer of the said petition: Therefore Her Majesty, by and with the advice and consent of Time extended. ing aid to be valid. of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The time for the completion of the railway, and the branches and extension thereof, authorized by the Acts incorporating and relating to the Norfolk Railway Company, and by the Acts incorporating and relating to the Brantford, Norfolk, and Port Burwell Railway Company is hereby extended for the period of two years from the passing of this Act; and By-laws grant the by-laws of the municipalities of the Village of Vienna, the Township of Houghton, and the Township of Bayham referred to in the thirteenth section of the Act of the Ontario Legislature, passed in the thirty-seventh year of the reign of Her Majesty and chaptered fifty-three, shall continue, have effect, and be acted upon, as if the said extended period for the completion of the railway and works had been originally allowed by the Acts incorporating the Norfolk Railway Company, and by the other Acts aforesaid; and notwithstanding any lapse of time limited by the by-law of the municipality of the County of Elgin, granting sixteen thousand dollars in aid of the said railway, the said by-law shall continue, and the same is hereby continued in force and it is hereby declared to be a good, valid, and existing by-law, and the debentures issued or to be issued thereunder shall be taken and held to be good and valid debentures; and in the event of the portion of said railway between the Town of Tilsonburg and the harbour of Port Burwell being completed on or before the thirty-first day of December, one thousand eight hundred and seventy-nine, or within any further periods which the Corporation of the County of Elgin may under its seal allow for such completion, the said debentures shall be delivered to the Brantford, Norfolk, and Port Burwell Railway Company in all respects as if the said portion of the railway had been completed within the time limited by the said by-law; but failing such completion within such extended period or periods the said debentures shall be cancelled and destroyed instead of being delivered to the said railway company. By-law of Tilsonburg declared valid. Cancellation crued upon debentures. 2. The by-law of the municipality of the Town of Tilsonburg granting three thousand dollars in aid of the said railway, and taking effect on the thirty-first day of December, one thousand eight hundred and seventy-eight, is hereby declared to be a good and valid by-law, and the debentures issued or to be issued thereunder shall be taken and held to be good and valid debentures. 3. The interest which has heretofore accrued upon the of interest ac- bonus or debentures under the by-law of the Township of Bayham for thirty thousand dollars, and under the by-law of the Village of Vienna for four thousand dollars, and under the by-law of the Township of Houghton for ten thousand dollars, is hereby cancelled, and all further interest which shall accrue due due on the said respective sums before the time when under the respective by-laws the Company shall be entitled to demand any part of the bonus under the by-law, shall also be cancelled. CHAPTER 55. An Act respecting an agreement entered into between the City of Brantford and the Grand Trunk Railway Company. W [Assented to 11th March, 1879.] HEREAS the Corporation of the City of Brantford and Preamble. the Grand Trunk Railway Company of Canada did enter into a certain agreement, which is set out in the Schedule to this Act at length; And whereas the said company have petitioned that the said agreement may be legalized and confirmed, and whereas it is expedient that the prayer of the said petition should be granted; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:: 1. So far as it is within the jurisdiction of the Legislature Agreement of the Province of Ontario, the said agreement in the Schedule confirmed. to this Act set out is hereby legalized and confirmed and made binding, as fully as if the power to make the same had existed before the making thereof, and the said streets mentioned in said agreement, and therein agreed to be closed, shall be so closed as public streets, and those which are therein declared to be public streets shall be public streets accordingly, provided Proviso. always that the said agreement and this act shall not apply to any street or streets west of the said Company's station in the city of Brantford. 2. Notwithstanding anything to the contrary in the said Time for makagreement mentioned, the time for making the crossing or Street crossing ing Rawdon tunnel in Rawdon Street in said agreement mentioned is extended. hereby extended to the thirty-first day of December one thousand eight hundred and seventy-nine, and the said agreement shall be taken and read as if said date were the date inserted therein for the completion of said work. SCHEDULE IN THE ABOVE ACT REFERRED TO. This agreement, made this first day of July, in the year of our Lord 1874: By By and between the Grand Trunk Railway Company of Canada of the first part and the Corporation of the Town of Brantford of the second part. Whereas there is now pending in the Court of Chancery, in the Province of Ontario, a certain information by Her Majesty's Attorney-General for the Province of Ontario, on behalf and at the instance of the said Corporation of the Town of Brantford, against the said The Grand Trunk Railway Company of Canada, which said information is intended to compel the said The Grand Trunk Railway Company of Canada to put in certain crossings of their railway of certain streets in the said information mentioned and specified, which the said company contend they are not in law or otherwise obliged to put in; And whereas for the purpose of compromising the said suit and setting at rest all questions respecting any and all the matters contained and mentioned in the said information, and also for determining what streets shall and what streets shall not be opened, under or across the said company's railway, in the Town of Brantford, which are now unopened, either under, over, or across the said company's railway in said town, it has been agreed, by and between the parties hereto, that the company shall open Clarence Street in said town, under their railway, by a crossing with stone abutments, which, as to height, shall be in accordance with the Railway Act, 1868. The width of said crossing or tunnel between the walls to be at least twenty-five feet. This under-crossing to be completed during the year one thousand eight hundred and seventy-four absolutely and at all events, notwithstanding anything herein contained to the contrary. The said company also to open the said Rawdon Street in said information mentioned, under said railway, on the line of said street, in the same manner and same width as in the case of Clarence Street, said crossing or tunnel to be completed at or before the close of the year one thousand eight hundred and seventy-eight. That the said work shall be done by the company at their own cost. That the parties to this agreement shall join in an application to the Legislature of the Province of Ontario for an Act to legalize and confirm this agreement and to authorize the closing up of all the other streets in said information claimed as streets which the Crown or the corporation or any person or persons have now the right to require the said company to carry over, under, or on the level across their railway, and not now opened, and to finally close the same, in so far as the crossing in any of the manners aforesaid of the said railway is concerned, the fees on passing the Act by the Legislature, payable by the rules of the House of Assembly, to be paid by the Company. The cost of advertising in the local paper, and the costs of the Gazette to be paid by the company. The Bill to be prepared pared by the company, and each party shall use their best endeavours to have the said Act passed and become law. And whereas the said parties desire to give effect to the said proposed arrangement, Therefore this agreement witnesseth that the said parties have agreed, and they each do agree with the other, in the manner above mentioned, and they each covenant with the other to abide by, fulfil and keep the same agreement in all respects faithfully, and according to the spirit, true intents and meaning of the said above mentioned arrangement. That if the Legislature of the Province of Ontario, or the Parliament of Canada, in case jurisdiction lies therewith, fail to pass the said Act, then the above parties shall, as regards the merits of said suit or information, be remitted to their former position, and nothing done under this agreement shall be used to the prejudice of either party, and both parties shall stand in the same position as if this agreement had not been made, and no act had been done under it. The whole agreement and any work done are to be without prejudice to said suit now pending as aforesaid, but in any case the crossing at Clarence Street shall be at once proceeded with, and be completed during the present year. That the said suit in Chancery shall stand until said work is done, and upon its being done, then it is to be taken as released, and the information shall be dismissed without costs, and each party shall pay their own costs of said suit. The company agree and consent that the said Local Legislature, in the said Bill, shall declare that said streets so to be opened are and were public streets, and as such entitled to be opened in the manner above proposed; and further, that if they fail to carry out this agreement, they will consent to the passing of an Act by the Parliament of the Dominion of Canada, confirming and making binding on them this agreement, if the said corporation think or are advised that such an Act is necessary, and they will bear all costs of getting said Act. In witness whereof the said parties have hereunto set their corporate seals, on the day and year first above written. |