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have been issued to the full extent of the guarantee limited guarantee. by the said recited Acts respectively, which guarantee
amounts in the whole to one million, eight hundred and Proviso :
eleven thousand, five hundred pounds sterling ; Provided report of En; that it shall be lawful for the Governor at any time before gineer may be required. making or authorizing any issue of such Debentures, if he shall
so think til, to require that the Engineer to be appointed as aforesaid, shall report and certify that the works of the said Company are proceeding to his satisfaction with regard to the final completion of the several Railways and works included
therein, and to suspend such issue until such report and Proviso: certificate shall have been given ; Provided also, that the limit total amount of the entire provincial guarantee to the said Company shall of guarantee not to be ex
not exceed the sum of Two Million, Two flundred and Eleven ceeded. Thousand, Five Hundred Pounds, including the amount of
Four Hundred Thousand Pounds advanced to the St. Lawrence
and Atlantic Railway Company, now amalgamated with the Proviso : said Grand Trunk Railway Company ; Provided also, that no on what por. Provincial Bonds shall be issued in favor of the said Company lions only, the guarantee
on account of any expenditure on the line of Railway between shall be given. Point Levi and Richmond, or between Montreal and Portland,
beyond the amounts already issued on account of those Roads, that is to say, Seven liundred and Seventeen Thousand, Fire Hundred Pounds, nor shall any Provincial Bonds be issued on account of expenditure on any branch Railway to be hereafter constructed, or on account of expenditure on any line of Railway now amalgamated or which may hereafter be amalgamated with the Grand Trunk Railway of Canada, excepting those forming the direct line from Trois-Pistoles to Sarnia, neither shall any larger amount than One Hundred Thousand Pounds sterling of Provincial Bonds be issued on account of expenditure on the Victoria Bridge.
Recital. XXI. And whereas by an Indenture bearing date the fifth Lease of
of August, one thousand eight hundred and fifty-three, between Atlantic and St. Lawrence the Atlantic and St. Lawrence Railroad Company, of the first Railway, in part, and the Honorable John Ross, Benjamin Holmes and trust for the Company.
William Jackson, of the second part, that portion of the Atlantic and St. Lawrence Railway which extends from the City of Portland in the State of Maine to the border line of this Province, together with certain other properiy therein described, was demised to the said parties of the second part, for the term of nine hundred and ninety-nine years, subject to the payment of the rent, and upon the terms and conditions, in such indenture of Lease contained ; And whereas such Lease was granted to and taken by the said parties of the second part, as Trustees for the said Grand Trunk Railway Company of Canada, or for the purpose of transferring the same io the said Company when they should be duly authorized to accept such transfer, and it is expedient that the said Company should be authorized to accept a transfer or assignment of such Lease from the said Lessees, and to become the Proprietors of the said portion of
Railway and other property on the terms in such Lease mentioned: Be it therefore enacted, that it shall be lawful for the Trustees may said Honorable John Ross, Benjamin Holmes and William transfer the Jackson, or the survivors or survivor of them, to transfer and lease to the
Company. assign to the said Company, and for the said Company to accept and take the said Lease and the interest and property of the said Lessees therein, on the terms and conditions in the said Lease mentioned, with such modifications and alterations as shall be agreed to by the Directors of the said Company, and to indemnity the said Lessees from and against the covenants and conditions therein contained on the part of the said Lessees, and to hold the said portion of Railway and other property, subject to the rent and on the terms and conditions in the said Lease specified with such modifications as aforesaid ; and that in case the said Lease shall be surrendered to the said Atlantic and St. Lawrence Railroad Company, it shall be may take a lawful for the said Grand Trunk Railway Company of Canada new lease. to accept a new Lease from the said other Company, on such other terms and conditions as may be agreed between the said Companies.
XXII. It shall be lawful for the said Grand Trunk Railway Company way Company of Canada, to construct, make and work any Branch make Branch Railway or Railways which they may deem it advisable to Railways make, from any point or points on their main Railway to the River St. Lawrence or any of the Lakes thereon : Provided Proviso. however, that no such Branch Railway shall be constructed beyond or west of the City of Toronto; And provided also that Proviso. between Longueuil and Point Levi the only points of connexion between the said Railway and the St. Lawrence, by a Branch Railway, shall be some point ou the Quebec and Richmond Railway, now part of the Grand Trunk Railway of Canada, and some point on the St. Lawrence opposite the Town or Parish of Three Rivers; and to any such Branch Railway and Acts to apply all matters relating thereto or to the working thereof, the pro
to such Brane visions and enactments of this Act and of the Act first cited in the Preamble to this Act, (including those of the Railway Clauses Consolidation Act incorporated therewith, and the Act in addition to the said last mentioned Act,) subject to the exceptions mentioned in the twentieth section of this Act, in regard to the provincial guarantee, which shall in no case be No guarantee granted to any such branch Railway, shall apply as fully to be giver for to all intents and purposes as to the main Railway in the said any Braneh. first cited Act mentioned, except that the survey and plan of any such Branch may be made and deposited at any time Commencebefore such Branch shall be commenced, and that such Branch ment and shall be completed within such time as shall be appointed for
any Branch, the purpose by order of the Governor in Council, made and &c. published in the manner hereinbefore mentioned, as regards orders in Council for extending the time for completing any part of the main Line of Railway of the said Company.
XXIII. It shall be lawful for the said Company to build or
purchase, hold, navigate and work steamers and other vessels Steamers, &c., and craft as ferry boats for the conveyance of goods and pasfor certain purposes.
sengers across the Bay of Quinté and the St. Lawrence, and to dispose of such steamers, vessels or craft when need shall be, and others to acquire in their stead, and to establish, demand and take tolls for the conveyance of goods and passengers, or other services performed by or with such steamers,
vessels or craft, to which tolls all the provisions of the Railway Tolls. Clauses Consolidation Act respecting tolls, shall apply.
Company XXIV. It shall be lawful for the said Company to make a may on cer
branch railway from the Victoria Bridge, or from any Station tain conditions make a
on their railway within the City of Montreal, to the river St. Branch Rail. Lawrence at or below the foot of the Current of Si. Mary, but way through within the Parish of Montreal, and such branch may be made Victoria either by the way of and along the wharves, in front of the ComBridge to the mon and Commissioners' street, and so along the bank of the foot of the Current.
river St. Lawrence, or by way of Craig street and such other streeis as may be found conveniently situated for the purpose of reaching the said Common and Commissioners' streets or Craig street, and for the purpose of reaching the terminus at or below the foot of the Current St. Mary hereinafter mentioned ; and for the purpose of making and using such branch, (tó which also all the provisions hereby made applicable to other branches shall apply,) it shall be lawful for the said Company to lay down and maintain rails and other requisite works along, through or across any of the streets of the said City of Montreal, as well as upon any lands they shall take or acquire from private parties, and to do all things which may be requisite for
making and using the said branch railway so to be made in, Proviso. through, across, or along the said streets : Provided always,
that no rails shall be laid through or across any of the said public streets of the City of Montreal, unless the line of the said branch railway through the said streets shall have previously been approved by the City Council of the City of Montreal, and also by the Harbor Commissioners, should the
said branch railway pass within their jurisdiction, for which Proviso. purpose plans shall be submitted by the Company : And pro
vided also, that the said rails shall not rise in any of the said Proviso, streets above the general level of such streets : Provided fur
ther, that no steam engine shall be used on the said branch railway within the limits of the said City, unless under an express By-law of the City Council, and that the said Company shall be bound to submit to such rules and regulations as from time to time the said City Council and Harbor Commissioners
may respectively make as to the speed and mode of working Proviso : the said branch railway : Provided also, that such branch railbe used by
way, or any part thereof, may be used by any other railway other Rail. Company, on payment to the Grand Trunk Railway Company ways. of Canada, of such compensation as may be agreed upon between the said Company and such other Railway Company,
and in case the amount of such compensation cannot be agreed upon, the saine shall be determined by three Arbitrators, cach Company appointing one of the said Arbitrators, and the third to be appointed by a Judge of the Superior Court of Lower Canada.
XXV. It shall be lawful for the said Company to take, Company acquire and hold at the terminus of the Branch last aforesaid, may have a at or below the said Current of St. Mary's, such extent of land 3 acres at as they may deem requisite for such terminus, and the station the foot of the and other works which the Company may build and Current. erect at such terminus, not exceeding twenty-five acres, the As to frontage of which shall not exceed five acres; and it shall also wharves. be lawful for the said Company to build and hold at such terminus such wharves as they may deem necessary for their use, in case the Harbour Commissioners of Montreal shall not consider it expedient to build such wharves; Provided always, Proviso : that if such wharves are built by the Company, they shall be Tariff at
wharves. subjected to the By-law's, Regulations and Tariff of the said Harbour Commissioners, who will have to pay, semi-annually, to the said Company, the interest on the amount expended for the building of such wharves ; And provided also, that it shall Proviso. be in the power of the said Harbour Commissioners to resume, Harbour Comat any time, the possession of such wbarves, by paying to the missioners said Company the amount expended in their construction, and the wharves. by leaving to the said Company the use of such wharves or so much of them as the said Company will require, under payment of such harbour or wharfage dues as ihe said Harbour Commissioners may deem fit to impose.
XXVI. The said Company may construct any temporary Company building required for the purpose of more conveniently carrying may construct on their works, or any of them, of wood or other materials, not
buildings of withstanding such building may be within the limits of any wood in Cities Municipality and there may be a By-law or By-laws thereof &c. prohibiting ihe erection of buildings of wood or such other materials of which such building of the Company is constructed, provided no such prohibited building be intended or be allowed to remain after the construction of the works, and provided also that any sucli prohibited building shall be constructed at a distance of at least two hundred yards from any neighbouring building
XXVII. If hereafter any other Railway Company shall form Name of a union with the said Company, under the provisions of the Company not Statutes in that behalf provided, the corporate name and exist to be affected ence of such other Company shall be merged in that of The with any other Grand Trunk Railway Company of Canada, which shall there- Company. after be the name of the United Company, and the name The Grand Trunk Railway of Canada, shall thereafter include the Railway and works which such other Company was authorized to construct.
Certified XXVIII. Any copy or extract from any agreement with any copies of
such other Company, under which a union may be formed behornion to be tween the said Company and such other Company, or any prima facie agreement, deed or lease for the purchase or demise of any evidence. other Railway, or of or from any proceedings of the Directors or
Stockholders of either Company with reference to such union, purchase or lease, certified to be true copies or extracts, in the manner provided by the second section of this Act, shall be prima facie evidence of such agreement, deed, lease or proceed
ings, or of the part thereof set forth in such extract. Proceedings in XXIX. And if at any time any hypothecary, petitory, or posreal or mixed gessory action, or any action of ejectment, or any action or suit
upon mortgage, lien, or charge upon any lands then in brought possession of the said Grand Trunk Railway Company of Caagainst the Company.
nada, shall be brought, the payment into Court by the said Company, of the sum which they or the Company first empowered to construct such Railway or work, may have actually paid to the party entitled to receive the same, or which may have been agreed or awarded to be paid by them for such lands, or the sum representing the value thereof at the time, if the sum or price agreed or awarded be proved by such plaintiff
not to be the true value, shall operate an immediate stay of all Value of lands proceedings in such suit or action as agninst the said Grand may be puid Trunk Railway Coinpany of Canada, if they think proper to intó Court.
declare their intention not to defend the same, and the Court shall thereafter make such order with respect to the distribution of such sum so paid into Court, as to law and right may appertain, and may order such proof as the Court may think proper of the right of the party bringing such suit or action, to ihe said sum, which shall be held to represent the land in quegtion as regards the claim so made to or upon same ;
and the Company shall pay no costs incurred after such payment into Court, (unless, in Upper Canada, it shall be found by such Court that a sullicient sum has not been paid by the said Company,) with costs of suit and proceedings had before the time of such payment; and if the Court shall adjudge that the party bringing such suit or action, is not entiiled to the said sum or is only entitled to part thereof, the said sumn or the part thereof to which
guch party is not entitled, shall be paid out of Court to the Company not to be adjudged Company: and in no case shall the said Company be adjudged
to give up possession of any such lands of which they have once lawfully obtained possession, but the sum lawfully paid, unless to a party not entitled to receive the same, agreed upon, or awarded to be paid by them for the same, or the value, shall represent the lands, and the claims to or upon them shall be
by such possession converted into a clain to or upon the sum Proviso : as to aforesaid : Provided always, that nothing in this section shall other defence be construed to take away or weaken any defence which the to be impaired Company may have to such suit or action inder any other Act
or Law, or 10 impair the effect of any proceeding which they may have taken under any such Aci or Law, to bar any or all
claims to or upon such lands. Public Act. XXX. This Act shall be a Public Act.
to give up