lute sale to the last named company or for the leasing to them of the said Grey and Walkerton Railway or any part thereof, or for the use thereof at any time or times, or for the leasing or hiring any locomotives, tenders, plant, rolling stock or other property, or either or both, or any part thereof, or for the conveyance and transit of traffic for or with the said company, or touching any service to be rendered by the one company to the other, and the compensation therefor, if the arrangements and agreements shall be approved of by two-thirds of the shareholders voting, in person or by proxy at a special general meeting to be called in accordance with this Act, for that purpose; and every such agreement shall be valid and binding upon both companies, and shall be enforced by courts of law and equity according to the terms and tenor thereof, and the said Toronto, Grey and Bruce Railway Company or any other Railway Company accepting any conveyance or lease, in pursuance of any such agreement, shall have, and are hereby empowered to exercise all the rights and privileges conferred by this Act. SCHEDULE “A.” (Section 5.) Know all men by these presents, that I, (or we) in consideration of dollars paid to me (or us) by the Grey and Walkerton Railway Company, the receipt whereof is hereby acknowledged, do grant and convey, and I, (or we) in consideration of dollars paid to me (or us) by the said company, the receipt whereof is hereby acknowledged, do grant and release all that certain parcel (or those certain parcels, as the case may be,) of land situate (describe the land) the same having been selected and laid out by the said company for the purposes of their railway, to hold with the appurtenances unto the said Grey and Walkerton Railway Company, their successors and assigns (here insert any other clauses, covenants or conditions required) and I, (or we) the wife (or wives) of the said my (or our) dower in the said lands. do hereby bar As witness my (or our) hand and seal (or hands and seals) this day of one thousand eight hundred and Signed, sealed and delivered in the presence of [L.S.] SCHEDULE "B." (Section 33.) CHIEF ENGINEER'S CERTIFICATE. Grey and Walkerton Railroad Company's Office, " Engineer's No. 187 Certificates to be attached to cheques drawn on the Grey and Walkerton Railroad Company Municipal Trust Account given under section Victoria. I, of cap. Chief Engineer for the Grey and Walkerton Railroad Company, do hereby certify that the said company has fulfilled the terms and conditions necessary to be fulfilled under the by-law number of the (or under the agreement day of conditions, if any, which have been fulfilled). Preamble. Issue of bonds regulated. CHAPTER 59. An Act to amend the Act incorporating the Hamilton and Dundas Street Railway Company. W [Assented to 11th March. 1879.] HEREAS the Hamilton and Dundas Street Railway Company have prayed for certain amendments of their charter, and for an extension of the powers conferred upon them thereby, 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 present issue of the bonds of the said company, bearing date the fifth day of September, one thousand eight hundred and seventy-eight, and secured by mortgage registered in the registry office of the County of Wentworth, dated the fifth day of September, one thousand eight hundred and seventy-eight, and numbered two thousand eight hundred and eighty-four in the books of the reg- 2. The capital stock of the said company may be increased Power to into the sum of fifty thousand dollars; the additional stock here- crease stock. by authorized is to be issued as and when, and at the rates, the directors of the said company may decide upon. 8. 3. Section seven of the Act passed in the thirty-ninth 39 Vic., c. 87 year of the reign of Her Majesty Queen Victoria, chaptered s. 7 amended. eighty-seven, incorporating the said company, is hereby amended by inserting the words "Hamilton and Dundas" immediately after the words "West Flamborough," in the eleventh line of the said section. pany and Cor Dundas 4. The agreement made between the said company and the Agreement Corporation of the Town of Dundas, bearing date the fifth day between comof November, one thousand eight hundred and seventy-seven, is poration of hereby declared to be legal and binding, and within the powers legalized. of the said company and the said corporation, and the change in the course of the stream known as "Morden's" or Dundas Creek," referred to in the said agreement, is hereby confirmed and legalized. (6 The allowance. 5. The said company are hereby authorized to occupy for Power to use the channel of the said stream and for the purposes of their certain road railway the easterly and unopened portion of the allowance for road between the Townships of West Flamborough and Ancas ter, Preamble. ter, known as the Governor's Road, as far as the same is now located or used for the said purposes, without prejudice to the claims of any person for compensation in respect thereof. CHAPTER 60. An Act relating to the Hamilton and North Western W [Assented to 11th March, 1879.] HEREAS under the provisions contained in the Act passed in the forty-first year of Her Majesty's reign, chaptered forty-eight, the Hamilton and North Western Railway Company did, within the period of one year from the passing of that Act, decide upon the issue of the bonds authorized by the first and third sections of that Act and did pass a by-law for the issue of the bonds for five hundred and fifty thousand pounds sterling money of Great Britain, authorized by such first section, and did publish notice thereof as required by the fourth section of that Act, but only four thousand five hundred of such bonds numbered from one to four thousand five hundred both inclusive and amounting to four hundred and fifty thousand pounds sterling have been duly issued, and the rest remain unissued ; And whereas no by-law has yet been passed for the issue of the bonds authorized by such third section, nor have such bonds or any of them been issued; and whereas the said company have row completed the whole of the Collingwood section of their railway; and whereas the shareholders at a meeting duly called, and held on the twentieth day of January one thousand eight hundred and seventy-nine, adopted a basis of settlement of all matters connected with the construction of the said railway under the contracts in that behalf entered into between the company and the contractors, bearing date respectively the twenty-seventh November, one thousand eight hundred and seventy-five, and eleventh February, one thousand eight hundred and seventy-six, and the terms of such settlement are embodied in an agreement dated the twentieth day of January, one thousand eight hundred and seventy-nine, between the company and the contractors, and it is thereby among other things provided and agreed that preference stock of the said company of the amount of one hundred and seventy thousand pounds sterling upon the issue thereof being authorized should be issued in lieu of one hundred thousand pounds sterling of the company's bonds, being the bonds authorized under the first section of the said Act which remain unissued as aforesaid to the amount of one hundred thousand pounds sterling money of Great Britain, and of the whole of the bonds for seventy thousand pounds pounds sterling authorized under the third section of the said Act; and whereas the company have petitioned for a confirmation of such agreement and for other powers and purposes; and whereas it is expedient to grant such 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 contracts in the preamble mentioned or referred Contracts to for the construction of the said railway are hereby de- confirmed. clared to have been properly entered into, and to have been and to be legal and valid, and the same are hereby in all respects confirmed, and the said meeting of the shareholders of the said company and their action and resolutions thereat and the agreement in the preamble mentioned, are hereby confirmed and are declared to have been and to be legal and valid, and the allotment and delivery to the contractors of the bonds, and the paid-up stock of the company, and one hundred and ten thousand pounds of the preference stock by this Act authorized, and the payment and delivery to the contractors of the aid received or receivable by the said company from various municipalities and from the Province of Ontario, and of the moneys received or derived from these or any other sources are hereby confirmed and declared to have been and to be lawful allotments, deliveries and payments thereof respectively, and the holders of such stocks are hereby declared to hold the same with all the rights, privileges and immunities conferred on or possessed by shareholders whose shares have been fully paid-up; and it is hereby further provided that the remaining sixty thousand pounds sterling of the preference stock aforesaid shall not be delivered to or received by the contractors, but shall be and remain at the free and absolute disposal of the company for such purposes as they may deem proper and fit. 2. It shall be lawful for the directors of the said company Preference and they are hereby required within three months to issue stock. preference stock of the said company to the amount of one hundred and seventy thousand pounds sterling, in shares of ten pounds each, which shall be called and known as preference stock, and the holders of such preference stock shall have and possess the same rights and privileges and qualifications for directors and for voting and otherwise as are attached or belong to ordinary shareholders, and shall have one vote for each such share, and shall be entitled to receive and be paid ratably and pari passu a dividend upon such preference stock not exceeding the rate of six per cent. per annum next after the payment of the interest on the first mortgage bonds of the company, and in preference to and priority over the ordinary shareholders; the dividend on such preference stock shall be computed and reckoned from the first day of December, one thousand eight hundred and seventy-eight, and shall be K due |