passes, doing however no unnecessary damage thereto, and not impairing the usefulness of such stream or watercourse. commenced 32. The said Railway shall be commenced within one year, Railway, and completed from the point of junction with the Northern when to be Railway of Canada to or near the village of Orillia within two and completyears after the passing of this Act, or else all rights and privi- ed. leges conferred upon the said Company by this Act shall be forfeited, and the said Railway shall be completed within six years. 33. The Interpretation Act shall apply to this Act. Interpretation No. SCHEDULE A. CHIEF ENGINEER'S CERTIFICATE. THE TORONTO, SIMCOE, AND MUSKOKA JUNCTION RAILWAY COMPANY'S OFFICE, ENGINEER'S DEPARTMENT, A.D., 18 Certificate to be attached to cheques drawn on the Toronto, I, 33 Vic. Chief Engineer for the Toronto, Simcoe, and Muskoka Junction Railway, do hereby certify, that there has been expended in the construction of mile No. mileage being numbered consecutively from sum of (the said dollars to date, and that the total pro rata amount due for the same, from the said Municipal Trust Account, amounts to the sum of said sum of vided under said Act. dollars, which dollars is now due and payable as pro SCHEDULE B. Know all men by these presents, that I (or we) (insert also the name of wife or any other person who may be a party,) in consideration of dollars paid to me (or as the case may be) by the Toronto, Simcoe, and Muskoka Junction Railway Company, the receipt whereof is hereby acknowledged, do grant and convey (and I, the said do grant and release, or do bar my dower in (as the case may be) 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 pur poses poses of their Railway, to hold with the appurtenances unto the said the Toronto, Simcoe, and Muskoka Railway Company, their successors and assigns. As witness my (or our) hand and seal, (or hands and seals), one thousand eight hundred this and day of Signed, sealed and delivered, in the } [L.S.] Preamble. Name of Com. pany. Power to extend the railway. Proviso. CAP. XXXI. An Act to authorize the Port Hope, Lindsay and Beaverton Railway Company to change the name of their company, and to extend their line of railway, and for other purposes. W [Assented to 24th December, 1869.] HEREAS the Port Hope Lindsay and Beaverton Railway Company have petitioned the Legislature for an Act authorising them to construct an extension of their line of railway to Georgian Bay, through and within the counties of Ontario, Simcoe, and Victoria, with a branch to the River Severn and for other purposes, and 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 name of the said company shall be changed to "The Midland Railway of Canada," and all suits or other proceedings now pending in any Court of this Province, shall, after the passing of this Act, be continued and carried on by and under the name of the Midland Railway of Canada. 2. The said company shall have power, and are hereby authorised, to extend their line of railway from Beaverton to such points and harbours on the Georgian Bay, as may be found available and most essential for the business of the company, and for extending railway facilities for that section of country, and a branch line from some convenient point in the township of Mara, through Rama to the Severn River; and for that purpose shall have and exercise all the powers conferred by their own charter and by the Railway clauses Consolidation Act, and by the Municipal Institutions Act of Upper Canada. Provided always, that the powers and privileges hereby granted shall not be exercised, so far as the extension of the said railway way is concerned, unless the line of the said railway company aid. 3. And it shall further be lawful for any municipality or Power of Mumunicipalities, through part of which or near which the ex- nicipalities to tension works of the said company shall pass or be situated, or who may be interested in anywise in the construction of said Railway, to aid or assist the said company, by loaning or guaranteeing or giving money by way of bonus, or other means to the said company, or issuing municipal bonds to or in aid of the company, and otherwise in such manner and to such extent as such municipalities or any of them shall think expedient; Provided always that all such aid, loan, bonus or guaran- Proviso. tee, shall be given under a by-law for the purpose, to be passed in conformity with the provisions of the Act respecting municipal institutions for the creation of debts; and all such by-laws shall be valid, notwithstanding that such rate may exceed the aggregate rate of two cents in the dollar on the actual value of such ratable property, provided that the annual rate of assessment shall not in any case exceed for all purposes three cents in the dollar on the actual value of the whole ratable property within the municipality, or portion of municipality creating such debt. 4. In case a majority of the persons rated on the last assess- By-laws to ment roll as freeholders in any portion of a municipality, do aid. petition the council of such municipality, defining the metes and bounds of the section of the municipality within which the property of the petitioners is situated, and expressing the desire of the said petitioners to aid in the construction of the extensions of the said railway, by granting a bonus or donation to the said company for this purpose, and stating the amount which they so desire to give and grant and to be assessed therefor, the council of such municipality shall pass a by-law; (1.) For raising the amount so petitioned for by the freeholders in such portion of the municipality by the issue of debentures of the municipality payable within twenty years or earlier, and for the payment to the said company of the amount of the said bonus or donation at the time and on the terms specified in the said petition; (2.) For assessing and levying upon all the ratable property lying within the section defined by the said petition, an annual special rate sufficient to include a sinking fund for re-payment F of Power to issue further bonds. of debentures with interest thereon, which municipal councils are hereby authorised to execute and issue in such cases respectively; Provided the said by-law shall be approved of as in sections two hundred and twenty-six, two hundred and twentyseven and two hundred and twenty-eight of the Municipal Act of eighteen hundred and sixty-six, chapter fifty-one, by the majority of qualified electors in the portion of a municipality petitioning as aforesaid. 5. The said company shall have power to issue further bonds of the said company, provided the consent of two-thirds of the shareholders be first obtained at a meeting specially called for the purpose, of an amount not exceeding in the whole the additional sum of one hundred thousand pounds sterling, payable in London, England, or elsewhere as the company may deem expedient, and bearing interest at a rate not exceeding six per cent. per annum, payable half-yearly; and such bonds shall without registration or formal conveyance be taken and considered to be, and to rank upon the extension of said road authorized by this Act; and that the amount of bonds to be issued shall not at any time be in excess of the amount of capital stock paid up, and bonuses granted by municipalities, and actually laid out in surveys and construction of said extension; Provided, however, that the amount of such bonds issued at any one time shall not be in excess of the amount actually expended in surveys and works of construction upon the line of the said Railway extending from Lindsay westward. Who may hold 6. Any shareholder in the said company whether a British stock, and vote and hold office, subject or alien, or a resident in Canada or elsewhere, shall have equal rights to hold stock in the said company, and to vote on the same and to be eligible to office in the said company. Municipality have a lien. 7. The municipality of the township of Thorah shall have a of Thorah to first lien and security upon the entire railway and works, next after the existing securities and liens authorised and created by chapter ninety-nine of the Statutes of Canada, twenty-ninth and thirtieth Victoria, or any other Statute of Canada, and a first lien or charge upon that part of the said railway and works now constructed or which may hereafter be constructed between the town of Lindsay and the village of Beaverton, for the sum of fifteen hundred dollars per annum, being interest at the rate of three per cent. per annum, in perpetuity, upon the sum of fifty thousand dollars loaned by the township of Thorah to the said company, such interest to be payable on the fifteenth day of June in each and every year; Provided that if at any time after the completion of the said extension to Beaverton, the said company and the said municipality, shall agree to capitalise the said annual payment of interest either by payment of money, or other securities satisfactory to the municipality, such agreement shall be valid and binding in lieu of the annual payment of interest as aforesaid, which interest thereafter shall cease. CAP. CAP. XXXII. An Act to amend the Act incorporating the Erie and Niagara Extension Railway Company, and to change the name to the Canada Southern Railway Company. [Assented to 24th December, 1869.] WHEREAS the Erie and Niagara Extension Railway Com- Preamble. pany, incorporated under "The Erie and Niagara Extension Railway Act of 1868," have petitioned for power to extend their line of Railway from a point at or near the town of St. Thomas, in the County of Elgin, to some point on the St. Clair river, in the township of Moore, in the county of Lambton, and for certain amendments to their Act of Incorporation; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario enacts as follows: 1. The corporate name of the said Company shall be changed Corporate to that of "The Canada Southern Railway Company." 2. That the first section of "The Erie and Niagara Extension Railway Act of 1868," shall be and is hereby amended by striking out of the said section the names Colin Munro and Thomas M. Nairn, and inserting in the said section, immediately after the name John Wright therein, the names James Frazer, John Cunningham, Robert Blackwood, John Talbot Mann, George Southwick, Berkley Powell, Gilbert Hatheway, Cheney Ames, Andrew Elliot, Wesley Truesdail, John E. Kitton, John McRae, and Nicol Kingsmill, and the said section as thus amended shall henceforth be read as the first section of the said Act. name changed 3. The capital stock of the said company may be increased Power to inaccording to the provisions of the Railway Act, and the said crease capital company, under the provisions of the Railway Act, may also pany and issue issue bonds. of the com bonds. thorized. 4. The said company shall have power to construct a branch Branch line of of their said Railway from a point at the town of St. Thomas, railway auin the county of Elgin, to a point on the St. Clair river, in the townships of Moore, or Sombra, in the county of Lambton, and the several clauses of the Act chaptered sixty-six, of the Consolidated Statutes of the former Province of Canada, intituled, "An Act respecting Railways," which, by the second section of the "Erie and Niagara Extension Railway Act of 1868," are Certain claims of Railway incorporated with that Act, shall be taken, held and construed Act mentioned to apply to the branch line hereby authorized to be con- in original Act to apply to structed, as fully and effectually as if the said branch line branch line. had |