Proviso.

property of

plication, and the decision of the majority of the said arbitrators shall be final; Provided always, that the award of the arbitrators shall be in writing under their hands and seals, and be made within three months after they shall have been so appointed as aforesaid: Provided that any award to be made by the said arbitrators, or a majority of them, so far as the same shall determine the terms of arrangement for the passenger and freight trains of the Canada Air Line Railway Company, passing over the Buffalo and Lake Huron Railway, and the payment of tolls for such right, and the works to be provided to insure the transport of the said trains, shall be open to reconsideration and re-arbitration and re-determination at the expiration of five years, and so on from time to time, for the period of five years only at any one time, so long as the said powers are required, and until such new award shall be made the award preceding it shall be the rule and guide between the parties.

Municipalities 18. It shall be further lawful for the Corporation of any Munimay exempt cipality through any part of which the Railway of the said Company from Company passes or is situate, by by-law specially passed for that purpose to exempt the said Company and its property make compen within such Municipality, either in whole or in part from Muni

taxation, or

sation, etc.

Company may

to notes bills, etc.

cipal assessment or taxation, or to agree to a certain sum per annum or otherwise in gross or by way of commutation or composition for payment, or in lieu of all or any Municipal rates or assessments to be imposed by such Municipal Corporation, and for such term of years as such Municipal Corporation may deem expedient.

19. The company shall have power to become parties to become party promissory notes and bills of exchange for sums not less than one hundred dollars; and any such promissory note made or endorsed, and such bill of exchange drawn, accepted or endorsed by the President or Vice-President of the company, and countersigned by the Secretary and Treasurer, and under the authority of a majority of a quorum of the Directors, shall be binding on the company; and every such promissory note or bill of exchange made, drawn, accepted or endorsed by the President or Vice-President of the said company, and countersigned by the Secretary and Treasurer, as such shall be presumed to have been properly made, drawn, accepted or endorsed, as the case may be, for the company, until the contrary be shown; and in no case shall it be necessary to have the seal of the company affixed to any such bill of exchange or promissory note; nor shall the President, Vice-President, or Secretary and Treasurer of the company, so making, drawing, accepting or endorsing any such promissory note or bill of exchange, be thereby subjected individually to any liability whatever: Provided always that nothing in this section shall be construed to authorize the said company to issue any note payable to bearer, or any promissory note intended to be circulated as money, or as the notes of a Bank.

Proviso.

to Companies

20. And with reference to that portion of the one hundred Provisions as and thirty-first section of the Railway Act, being the sixty-dealing fairly sixth chapter of the consolidated statutes of the former Province with each of Canada, as amended by the Act passed by the Parliament of other. the former Province of Canada in the twenty-fourth year of Her Majesty's reign, and chaptered seventeen, whereby railway companies must afford to each other every facility for the forwarding of traffic without preference or favour, and in addition to all penalties now enacted and in force in respect thereof it is further enacted that this Company, and any railway company created by the Legislature of the Province of Ontario, which shall be chartered to build a railway from the St. Clair river to Glencoe, or from the Detroit river to St. Thomas, or both, shall comply with the aforesaid provisions, and shall forward the traffic of the other company in good faith, and with all reasonable expedition, and in accordance with the intentions and spirit of the said enactment; and in the event of any breach of compliance Application to with any of the said provisions on the part of either company, case of unfair a Judge in it shall be lawful for the company having cause of complaint to dealing, and apply to any one of the Judges of the Superior Courts at To- award thereronto, in term or in vacation, for the appointment of an engineer, or other experienced person to examine into the matter and make an award in writing specifying the manner in which the grounds of complaint shall be removed, and the system to be observed in order to properly fulfil and carry out the terms of the said one hundred and thirty-first section and the amendment thereto.

on.

ceedings may

21. The said application to the said judge, the notice thereof The applicato the other company, and the proceedings upon and inclusive tion and proof the appointment of the said engineer or experienced person, be made a shall be a submission between the said parties, and as such may Rule of Court. be made a rule of any of Her Majesty's Superior Courts for Ontario at Toronto.

award for ob

22. The period of time to which the system to be observed Time in the as defined by the said award shall be limited, shall be a period servance, &c. of five years, unless the judge making the appointment of arbitrator shall, upon the proceedings brought before him at the time of the application for such appointment, deem it proper that the same shall be for any shorter period to which he shall shorten or limit the same, and any one application shall be no bar to subsequent applications for other infringements of the said one hundred and thirty-first section and the amendment thereto; Provided also that no traffic arrangement shall be made exclusive or preferential towards the other by any of the companies aforesaid for the conveyance or forwarding of traffic upon or over any line of railway between the Grand river and the Niagara river.

SCHEDULE

SCHEDULE A.

of

Know all men by these presents, that I hereby, in consideration of dollars paid to me by the Canada Air Line Railway Company, the receipt whereof I hereby acknowledge, do grant and confirm to the said company, its successors and assigns for ever, all that certain parcel of land situate

for the purpose of their railway, and I the wife of the said do hereby release my dower on the said lands.

Preamble.

Incorporation.

CAP. XXXIV.

An Act to Incorporate the Canada Western Air-Line
Railway Company.

[Assented to 24th December, 1869.]

WHEREAS, D. C. Littlejohn, Gilbert Hatheway, Cheney

Ames, A. S. Page, Luther Wright, J. K. Post, S. K. Shetterly, O. Ames, William Brownell, Crocket McElroy S. Brownell, S. G. Nye, John K. Hatheway, N. L. Miller, Isaac N. Hathaway, H. K. Low, Francis Palms, Giles Hubbard, Franklin Moore, James Young, and J. D. Edgar, have petitioned the Legislature for an Act of Incorporation to construct a railway from some point on the St. Clair River, between the Village of Mooretown and Baby's Point, in the County of Lambton, to a point on the line of the Great Western Railway at the village of Glencoe, 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 said D. C. Littlejohn, James Young, W. A. McNaughton, Thomas Curtis Clark, D. Crawford, Peter Cattanach, Giles Hubbard, Andrew Elliot, John McRae, C. P. Hooker, D. Gallagher, Wesley Truesdale, John Kitton, John R. McRae, Cole Macdonald, Abraham Smith, R. P. Eldridge, H, C. Schnoor, C. McElroy, John L. Agens, Gilbert Hatheway, N. L. Miller, and S. Brownell, together with such other persons and Corporations as shall become Shareholders of the Company hereby incorpor

ated,

ated, shall be and are hereby ordained, constituted and declared to be a body corporate and politic, by and under the name and Corporate style of "The Canada Western Air-Line Railway Company.' pany.

" name of Com

clauses of Rail

2. The several clauses of the Railway Act of the Consolidated Certain Statutes of Canada, and amendments with respect to the first, way Act to second, third, fourth, fifth and sixth clauses thereof, and also apply. the several clauses thereof with respect to "interpretation," "incorporation," "powers," "plans and surveys," "lands and their valuation," "highways and bridges," "fences," "tolls," general meetings," "president and directors, their election and duties," "calls," "shares and their transfer," "municipalities," "shareholders," "actions for indemnity and fines, and penalties, and their prosecution," "by-laws, notices, &c.," "working of the railway," and "general provisions," shall be incorporated with, and be 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 so incorporated with this Act.

3. The said Company shall have full power and authority to Construction lay out, construct and complete an iron railway, with one or of Railway. more tracks, from some point on the St. Clair River, between the Village of Mooretown and Baby's Point, in the County of Lambton to a point on the line of the Great Western Railway at the village of Glencoe, in the County of Middlesex, and with full authority to pass over any of the country between the points aforesaid, and to carry the said Railway through the Crown lands lying between the points aforesaid; but the foregoing powers shall not be exercised until the first day of November, one thousand eight hundred and seventy, nor then unless the Canada Southern Railway Company, formerly called the Erie and Niagara Extension Railway Company, shall by that time have made default in organizing the said company and in commencing the construction of their railway, in accordance with the Erie and Niagara Extension Act of 1868, and the amendments made thereto by any Act of the present session.

4. The said D. C. Littlejohn, James Young, Gilbert Hathe- Provisional way, N. L. Miller, S. Brownell, W. A. McNaughton, Thomas directors, Curtis Clark, D. Crawford, Peter Cattanach, Giles Hubbard, Andrew Elliot, John McRae, C. P. Hooker, D. Gallagher, Wesley Truesdale, John Kitton, John R. McRae, Cole Macdonald, Abraham Smith, R. P. Eldridge, H. C. Schnoor, C. McElroy, John L. Agens, shall be and are hereby constituted Provisional Directors of the said Company, and shall hold office as such until other directors shall be elected under the provisions of this Act by the Shareholders; and a majority their powers. of such provisional directors shall have power and authority, immediately

G

Capital stock of the Com

pany.

Application of the money

raised on the

stock.

Municipalities may aid by granting Bonuses, etc.

such aid to be

granted by By-Law.

immediately after the passing of this Act, to open stock-books and procure subscriptions for the undertaking, to make calls upon the subscribers, to cause surveys and plans to be made and executed, and as hereinafter provided, to call a general meeting of the Shareholders for the election of directors.

5. The Capital Stock of the Company hereby incorporated shall be one million dollars (with power to increase the same in the manner provided by the Railway Act), to be divided into shares of one hundred dollars each, which amount shall be raised by the persons and corporations who may become Shareholders in such Company; and the money so raised shall be applied, in the first place, to the payment and discharge of all fees, expenses and disbursements for procuring the passage of this Act, and for making the surveys, plans and estimates connected with the works hereby authorized; and no subscription of stock in the capital of the said company shall be legal or valid, unless ten per centum shall have been actually and bona fide paid thereon, within sixty days after subscription and the same paid into one or more of the chartered banks of this Province, to be designated by the majority of said provisional or other directors of said company, and such ten per centum shall not be withdrawn from such bank, or otherwise applied, except for the purposes aforesaid, and for the other purposes of such railway, or upon the dissolution of the company from any cause whatever; and the said directors or a majority of them may, in their discretion, exclude any persons from subscribing, who in their judgment, would hinder, delay or prevent the said company from proceeding with and completing their undertaking under the provisions of this Act; and if more than the whole stock shall have been subscribed, a majority of said provisional directors shall allocate and apportion it amongst the subscribers, as they shall deem most advantageous and conducive to the furtherance of the undertaking; and in such allocation the majority of said directors may, in their discretion, exclude any one or more of the said subscribers, if in their judgment, this will best secure the building of the said railway.

6. And it shall further be lawful for any municipality or municipalities, through any part of which, or near which the Railway or works of said Company shall pass or be situated, to aid or assist the said Company, by loaning or guaranteeing or giving money by way of bonus or other means to the 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 such aid, loan, bonus or guarantee, 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 so passed 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.