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Preamble.

S. 1 of 41 Vic. c. 47 amended.

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ence for sections of not

less than five

miles.

CHAPTER 56.

An Act respecting the Georgian Bay and Wellington
Railway Company.

WH

[Assented to 11th March, 1879.]

HEREAS the Georgian Bay and Wellington Railway Company have petitioned that an Act may be passed to amend the Act of incorporation of the said railway company, passed in the forty-first year of Her Majesty's reign, and chaptered forty-seven, and to confirm certain by-laws granting aid to the said company, 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 the Legislative Assembly of the Province of Ontario, enacts as follows:

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1. Section one of the said Act is hereby amended by striking out the words "Wellington and Georgian Bay" in the last line thereof, and substituting therefor the words "Georgian Bay and Wellington," and the said section shall be read as if the same had been originally passed as now amended, and it is declared that the corporate name of the same railway company is and has been since the passing of the said Act the Georgian Bay and Wellington Railway Company.

2. The corporation of any county municipality in which is situated a village, town or township or portion of a township which has given a bonus to the said company shall be at liberty to take the debentures issued by such village, town or township, and in exchange therefor to hand over to the trustees under the said Act debentures of the said county municipality to the same amount, on a resolution of the county council to that effect, and such county debentures are hereby declared to be binding on the said county.

Company au- 3. The said company is hereby authorized and empowered thorized to de- to take and make the surveys and levels of the lands through posit plans and book of refer- which the said railway is to pass, together with the map or plan thereof, and of its course and direction, and of the lands intended to be passed over and taken therefor, so far as then ascertained, and also the book of reference for the railway, and to deposit the same as required by the clause of the Railway Act of Ontario, and amendments thereto, with respect to plans and surveys, by sections or portions less than the length of the whole railway authorized, of such length as the said company may from time to time see fit, so that no one of such sections or portions shall be less than five miles in length, and upon such deposit as aforesaid of the map or plan and book of reference of any and each of such sections or portions of the said

railway,

railway, all and every of the clauses of the said Railway Act and the amendments thereof applied to, included in or incorporated with the Act incorporating the said railway company and the amendments thereto, or otherwise applicable to the said railway company, shall apply and extend to any and each of such sections or portions of the said railway as fully and effectually as if the surveys and levels had been taken and made of the lands through which the whole of the said railway is to pass, together with the map or plan of the whole thereof, and of the whole course and direction of the lands intended to be passed over and taken, and the book of reference for the whole of the said railway had been taken, made, examined, certified and deposited according to the said clauses of the said Railway Act and the amendments thereof with respect to plans and surveys.

clared valid.

4. The by-laws heretofore passed by the municipal councils By-laws grantof the Towns of Palmerston, Durham and Owen Sound and the and debening bonuses Village of Mount Forest and the Townships of Egremont, tures issued Glenelg, Bentinck, Sullivan and Derby, granting aid to the said thereunder decompany, and all debentures now issued or that may hereafter be issued under and in pursuance of the said by-laws are, and the same are hereby declared to be, legal, valid and binding upon the said corporations respectively, any law, custom or statute to the contrary notwithstanding, and notwithstanding any omission or defect in point of form or otherwise in said by-laws, or any of them, or in the passing thereof, or in the said debentures or any of them, or in the charter of the said company Provided always that nothing in this section con- Proviso. tained shall be construed to affect the application now pending in the Court of Queen's Bench (James Gilchrist vs. The Municipal Council of Sullivan), to quash the said by-law of the Township of Sullivan, and that this section shall only apply to such by-law for the purpose of declaring the same to be legal and valid in case the said Court should not quash the said bylaw on the said application.

CHAPTER 57.

An Act respecting the Grand Junction Railway
Company.

W

[Assented to 11th March, 1879.]

HEREAS the Corporation of the City of Belleville Preamble. passed a by-law on the eleventh day of December,

one thousand eight hundred and seventy-six, granting further aid by way of bonus to the extent of fifty thousand dollars to the Grand Junction Railway Company, on the conditions in

J

the

Payment of] Belleville bonus.

Proviso.

Time provided in by-law extended.

Power further
to extend
time.

By-law confirmed.

Power to amalgamate with or acquire other lines.

the said by-law contained; and whereas the said corporation have, by a resolution passed on the fourth day of October, one thousand eight hundred and seventy-eight, extended the time for the fulfilment of the said conditions, and have otherwise varied the same; and whereas the said company have, by their petition, prayed that the said resolution may be sanctioned and legalized, and that other amendments in the Acts relating to the said company may be made: 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 said bonus of fifty thousand dollars granted to the said railway company by the Corporation of the City of Belleville shall be payable as follows: one half thereof on the completion of the line of the said railway to the water's edge at the Village of Hastings, and its equipment to that village in the manner and style provided for in the said by-law for the equipment of the said railway to the Town of Peterborough, and the other half of the said bonus upon the completion and equipment of the line to the Town of Peterborough; Provided always that the said railway shall be completed to the Village of Hastings in the manner aforesaid by the first day of August, one thousand eight hundred and seventy-nine.

2. The time for the completion of the said railway to the Town of Peterborough as provided for by the said by-law, is hereby extended to the first day of January, one thousand eight hundred and eighty.

3. The Corporation of the City of Belleville may, by by-law to be passed by the council thereof, extend the time for completion of the said railway to Hastings and Peterborough to such later date or dates as may be thought proper.

4. The said by-law subject to the alterations herein provided for is hereby declared legal and valid.

5. The said railway company is hereby authorized and empowered to enter into an agreement for the amalgamation of the said company with the Belleville and North Hastings Railway Company, or for acquiring the line of railway or any part thereof of the said last mentioned company, or with any other railway company whose line may join or connect with the line of the said Grand Junction Railway Company, together with the property, privileges and franchises of such other company belonging to such part of its line as may be so acquired, 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 in number and value of the stockholders including any munici

palities

palities holding stock 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.

6. The Corporations of the Village of Hastings and of the Certain Townships of Percy and Asphodel are hereby authorized and bonuses may be made payempowered, by resolutions heretofore passed or to be passed by able when line the respective councils of the said corporations, to make the completed to Hastings. several bonuses, granted by them respectively to the said railway company, payable when the said line is completed and in running order to the Village of Hastings.

CHAPTER 58.

An Act to incorporate the Grey and Walkerton Railway Company.

W

[Assented to 11th March, 1879.]

HEREAS the construction of a railway from a point on Preamble. the line of the Toronto, Grey and Bruce Railway, near the Village of Flesherton, in the County of Grey, to a point in or near the Town of Walkerton, in the County of Bruce, has become desirable for the public convenience and accommodation of the inhabitants thereof; and whereas John W. Armstrong, Byron Ghent and others have petitioned that an Act may pass to construct the railway aforesaid; 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. John W. Armstrong, Mathew Richardson, Robert Trimble, Incorporation William Strain, all of the Village of Flesherton; Byron Ghent, M.D., Thomas Wood, both of the Village of Priceville, together with such persons and corporations as shall, in pursuance of this Act, become shareholders of the said company hereby incorporated, are hereby constituted and declared to be a body corporate and politic, by the name of the Grey and Walkerton Railway Company.

clauses of the

2. The several clauses of the Railway Act of Ontario, and Certain also the several clauses thereof with respect to "interpreta- Railway Act tion," "incorporation," " powers," "plans and surveys," "lands incorporated. and their valuation," highways and bridges," " fences," "tolls," "general meetings," "presidents and directors," " calls," "dividends," "shares and their transfer," "shareholders," "municipalities taking stock," "by-laws, notices, &c.," "work

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ing of the railway," "actions for indemnity and fines and penalties and their prosecution," and "general provisions," and also the several sections of the said Act, from thirtyseven to one hundred and three, both inclusive, shall be incorporated with and deemed to be a part of this Act, and shall apply to the said company, and to the railway to be constructed by them, except only so far as they may be inconsistent with the express enactments hereof; and the expression "this Act," when used herein, shall be understood to include the clauses of the said Railway Act of Ontario, so incorporated with this Act.

3. The said company shall have full power under this Act to construct a railway from any point on the line of the Toronto, Grey and Bruce Railway, near the Village of Flesherton, to a point in or near the Town of Walkerton, with full power to pass over any portion of the country between the points aforesaid.

4. The said railway may be constructed of any gauge.

5. Conveyances of land to the said company for the purposes of, and powers given by this Act, made in the form set out in the schedule A, hereto annexed, or the like effect, shall be sufficient conveyance to the said company, their successors and assigns of the estate or interest, and sufficient bar of dower respectively of all persons executing the same; and such conveyances shall be registered in such manner and upon such proof of execution as is required under the Registry Law of Ontario; and no registrar shall be entitled to demand more than seventy-five cents for registering the same, including all entries and certificates thereof, and certificates endorsed on the duplicate thereof.

6. The said John W. Armstrong, Mathew Richardson, Robert Trimble, William Strain, Byron Ghent, M.D., and Thomas Wood, shall be provisional directors of the said company.

7. The said provisional directors, until others shall be named as hereinafter provided, shall constitute the board of directors of the company, with power to fill vacancies occurring therein, to associate with themselves thereon, not more than three other persons, who, upon being so named, shall become and be provisional directors of the company, equally with themselves; to open stock books; to make a call upon the shares subscribed therein; to call a meeting of the subscribers thereto for the election of other directors as hereinafter provided, and with all such other powers as under the Railway Act, and any other law in force in Ontario, are vested in such boards.

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