Total amount guarantee. Proviso: report of En gineer may be required. Proviso: of guarantee not to be exceeded. have been issued to the full extent of the guarantee limited by the said recited Acts respectively, which guarantee amounts in the whole to one million, eight hundred and eleven thousand, five hundred pounds sterling; Provided that it shall be lawful for the Governor at any time before making or authorizing any issue of such Debentures, if he shall so think fit, 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 certificate shall have been given; Provided also, that the limit total amount of the entire provincial guarantee to the said Company shall not exceed the sum of Two Million, Two Hundred and Eleven 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 said Grand Trunk Railway Company; Provided also, that no Provincial Bonds shall be issued in favor of the said Company on account of any expenditure on the line of Railway between Point Levi and Richmond, or between Montreal and Portland, beyond the amounts already issued on account of those Roads, that is to say, Seven Hundred and Seventeen Thousand, Five 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. Proviso: on what portions only, the guarantee shall be given. Recital. Atlantic and St. Lawrence XXI. And whereas by an Indenture bearing date the fifth of August, one thousand eight hundred and fifty-three, between the Atlantic and St. Lawrence Railroad Company, of the first part, and the Honorable John Ross, Benjamin Holmes and 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 property 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 İndenture 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 to 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 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 Or Company said Atlantic and St. Lawrence Railroad Company, it shall be 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. may take a ches. XXII. It shall be lawful for the said Grand Trunk Railway Company may Company of Canada, to construct, make and work any Branch make Branch Railways. Railway or Railways which they may deem it advisable to 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 to such Branprovisions 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 given 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 completion of 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. any Branch, Company may have for certain purposes. 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 passengers 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 Clauses Consolidation Act respecting tolls, shall apply. Tolls. Company may on cer tain conditions make a Branch Rail- Montreal from foot of the Current. XXIV. It shall be lawful for the said Company to make a branch railway from the Victoria Bridge, or from any Station on their railway within the City of Montreal, to the river St. Lawrence at or below the foot of the Current of St. Mary, but within the Parish of Montreal, and such branch may be made 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 river St. Lawrence, or by way of Craig street and such other streets 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, (to 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, 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 purpose plans shall be submitted by the Company: And provided also, that the said rails shall not rise in any of the said streets above the general level of such streets : Provided further, 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 the said branch railway: Provided also, that such branch railway, or any part thereof, may be used by any other railway Company, on payment to the Grand Trunk Railway Company of Canada, of such compensation as may be agreed upon between the said Company and such other Railway Company, Proviso. Proviso. Proviso. Proviso: Branch may be used by other Railways. and and in case the amount of such compensation cannot be agreed upon, the same shall be determined by three Arbitrators, each Company appointing one of the said Arbitrators, and the third to be appointed by a Judge of the Superior Court of Lower Canada. terminus of 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 25 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 subjected to the By-laws, Regulations and Tariff of the said wharves. 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 wharves, by paying to the 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 the said Harbour Commissioners may deem fit to impose. missioners may assume temporary 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 buildings 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 the 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 such 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 by its Union 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. 8 * XXVIII. Certified copies of agreements prima facie XXVIII. Any copy or extract from any agreement with any such other Company, under which a union may be formed befor Union to be tween the said Company and such other Company, or any agreement, deed or lease for the purchase or demise of any 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 proceedings, or of the part thereof set forth in such extract. evidence. Proceedings in ease of certain actions brought against the Company. Value of lands may be paid into Court. XXIX. And if at any time any hypothecary, petitory, or possessory action, or any action of ejectment, or any action or suit real or mixed founded upon mortgage, lien, or charge upon any lands then in possession of the said Grand Trunk Railway Company of Canada, 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 proceedings in such suit or action as against the said Grand Trunk Railway Company of Canada, if they think proper to 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 the said sum, which shall be held to represent the land in question as regards the claim so made to or upon the 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 sufficient 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 entitled to the said sum or is only entitled to part thereof, the said sum or the part thereof to which such 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 claim 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 of Company Company may have to such suit or action under any other Act or Law, or to impair the effect of any proceeding which they may have taken under any such Act or Law, to bar any or all claims to or upon such lands. Costs. to give up lands. Public Act. XXX. This Act shall be a Public Act. CAP. |