CHAP. 196.

An Act to incorporate the Toronto and Hamilton
Railway Company.

[Assented to 24th October, 1903.]

WHEREAS a petition has been presented praying that it be Preamble. enacted as hereinafter set forth, and it is expedient to

grant the prayer of the said petition: Therefore His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, declares and enacts as follows:

tion.

1. Charles Leslie Denison, Francis Ambridge Drake, John IncorporaTaylor Gilmour, John Becket Kilgour, of the city of Toronto, and Frederick Henry Markey, of the city of Montreal, together with such persons as become shareholders in the company, are incorporated under the name of "The Toronto and Hamilton Corporate Railway Company," hereinafter called "the Company."

name.

2. The persons named in section 1 of this Act are consti- Provisional tuted provisional directors of the Company.

directors.

3. The capital stock of the Company shall be five Capital stock. hundred thousand dollars, and may be called up by the directors from time to time as they deem necessary, but no one call shall exceed ten per cent on the shares subscribed.

4. The head office of the Company shall be in the city of Head office. Toronto, in the province of Ontario.

5. The annual meeting of the shareholders shall be held on Annual the first Monday in September in each year.

meeting.

6. At such meeting the subscribers for the capital stock Election assembled, who have paid all calls due on their shares, shall of directors. choose seven persons to be directors of the Company, one or more of whom may be paid directors.

7. The Company may lay out, construct and operate a rail- Line of way of the gauge of four feet eight and one-half inches from railway

described.

Proviso as to

Burlington
Beach.

Steam to be

used for

construction

only.

Declaratory.

Agreements

with other companies.

a point in or near the city of Toronto, in the county of York, to some point in or near the city of Hamilton, in the county of Wentworth, passing through the counties of York, Peel, Halton and Wentworth, in the province of Ontario; but nothing in this Act shall authorize or empower the Company to lay out or construct any railway track upon or along any portion of Burlington Beach in the said county of Wentworth without the consent of the municipal corporations of the townships of Saltfleet and Nelson.

2. Steam may be used for the purposes of constructing the said railway, but shall not be used as motive power for its operation.

3. The works authorized by this section are declared to be works for the general advantage of Canada.

8. The Company may enter into agreements with the Hamilton Radial Electric Railway Company, the Hamilton, Grimsby and Beamsville Electric Railway Company, the Niagara, St. Catharines and Toronto Railway Company, the Toronto and Mimico Electric Railway and Light Company, Limited, the Metropolitan Railway Company and the Toronto Suburban Railway Company, for acquiring by purchase, lease or otherwise, in whole or in part, any rights or powers acquired under the Acts relating to the said companies or any of them, also the franchises, surveys, plans, works, plant, material, machinery and other property to them belonging, on such terms and conditions as are agreed upon, and subject to such restricApproval of tions as to the directors seem fit; provided that such agreement and Governor has been first approved by two-thirds of the votes at a special

shareholders

in Council.

Notice of application for sanction.

Agreement to

Secretary of
State.

general meeting of the shareholders duly called for the purpose of considering it, at which meeting shareholders representing at least two-thirds in value of the stock are present or represented by proxy, and that such agreement has also received the sanction of the Governor in Council.

2. Such sanction shall not be signified until after notice of the proposed application therefor has been published in the manner and for the time set forth in section 239 of The Railway Act, and also for a like period in one newspaper in each of the counties through which the railway of the Company runs, and in which a newspaper is published.

3. A duplicate of the agreement referred to in subsection 1 be filed with of this section shall, within thirty days after its execution, be filed in the office of the Secretary of State of Canada, and notice thereof shall be given by the Company in The Canada Gazette, and the production of The Canada Gazette containing such notice shall be prima facie evidence of the requirements of this section having been complied with.

Rights of municipalities

9. Nothing herein contained shall alter, vary or restrict the not affected. rights of any municipality under or by virtue either of any Acts of the Legislature of Ontario now in force and affecting the said railway companies, or any of them, or of any agree

ment or agreements with any of the companies mentioned in section 8 of this Act; and the Company, by virtue of exercising any of its rights or powers conferred by the said section 8 shall not (with respect to any line of railway acquired or over which the Company shall acquire running power or which may be constructed under the powers conferred by the said section 8) be entitled to any greater rights as against such municipality than the said agreement or agreements confer, and shall be bound to assume, and shall be deemed to have assumed, all the obligations undertaken with such municipality under such agreement or agreements with respect to any line of railway so acquired or so constructed, or over which the Company shall so acquire running rights.

under Provin

10. The acquisition by the Company of a line of any rail- Acquired lines way mentioned in section 8 of this Act, which has been incor- to continue porated by a charter of the province of Ontario, shall not cial Ry. Act. make such line of railway, or any extension or extensions thereof hereafter constructed under such charter, subject to The Railway Act of Canada or works for the general advantage of Canada, but they shall be and remain subject to the legisla tion and control of the province of Ontario and to the rights and powers of the local municipalities in the same manner and to the same extent as if this Act had not been passed.

when railway

11. Notwithstanding anything contained in The Railway Approval of Act, the Company shall not construct or operate its line of rail- municipality way along any highway, street or other public place without constructed first obtaining the consent, expressed by by-law, of the muni- over highway cipality having jurisdiction over such highway, street or other public place, and upon terms to be agreed upon with such municipality.

or streets.

lines.

12. The Company may construct and operate telegraph and Telegraph telephone lines upon its railway and, for the purpose of oper- and telephone ating such lines or exchanging and transmitting messages, may enter into contracts with any companies having telegraph or telephone powers, and may connect its own lines with the lines of such companies, or may lease its own lines.

2. The Company may transmit messages for the public and Rates to be collect rates or charges therefor, but no rate or charge shall be approved. demanded or taken for the transmission of any message, or for leasing or using the telegraphs or telephones of the Company, until it has been approved of by the Governor in Council, who may also revise such rates and charges from time to time.

3. The Electric Telegraph Companies Act shall apply to the R.S.C., c. 132. telegraphic business of the Company.

13. The Company may issue bonds, debentures or other Bond issue. securities to the extent of thirty-five thousand dollars per mile

Power to

acquire stock

of other companies.

Time for

limited.

of the railway and branches and of the lines of railway by this Act authorized to be acquired, and such bonds, debentures or other securities may be issued only in proportion to the length of railway constructed or under contract to be constructed.

14. The Company may acquire, hold and dispose of stock, bonds or other securities of the companies mentioned in section 8 of this Act, or of any of them, and may guarantee the payment of such bonds or other securities.

15. If the construction of the railway is not commenced, construction and fifteen per cent on the amount of the capital stock is not expended thereon, within two years after the passing of this Act, or if the railway is not finished and put in operation within five years after the passing of this Act, the powers granted by this Act or by The Railway Act shall cease and be null and void as respects so much of the railway as then remains uncompleted.

Application

of 1888, c. 29.

16. The Railway Act shall, subject to sections 7, 9, 10 and 11 of this Act, apply to all lines of railway constructed by the Company, and to the maintenance, repairs and operation thereof.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty

CHAP. 197.

An Act respecting the Toronto, Hamilton and Buffalo
Railway Company.

[Assented to 13th August, 1903.]

WH

WHEREAS the Toronto, Hamilton and Buffalo Railway Preamble. Company has, by its petition, prayed that it be enacted

as hereinafter set forth, and it is expedient to grant the prayer 1891, c. 86; of the said petition: Therefore His Majesty, by and with the 1893, c. 62; 1895, c. 66; advice and consent of the Senate and House of Commons of 1896 (1st Sess.) Canada, enacts as follows:

c. 39.

1. Notwithstanding the limit of the borrowing powers of Bond issue. the Toronto, Hamilton and Buffalo Railway Company, fixed in the special Acts relating to the said Company, the directors may issue bonds, debentures or other securities, as provided by The Railway Act, or, at their option, debenture stock, to the extent of one million dollars in excess of such limit, such bonds, debentures, debenture stock or other securities to be issued subject to the lien, priority and charges in favour of the outstanding first mortgage bonds of the said Company.

2. If the said Company should issue debenture stock, it Debenture may be either perpetual or terminable, and may be secured in stock. such manner, and stock certificates therefor may be issued in such amounts, and in such form, and with such provisions as to transfer and registration, as are determined by the direc

tors.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty.