granted to tion Railway ditions; com not agreed 64. Upon the opening for traffic of any line of railway Running extending northwards from Gravenhurst for the purpose of powers establishing a connection with the Pacific Railway or the Midland and Georgian Bay branch thereof, the Company shall grant Grand Juncthrough running powers over its line as far as Gravenhurst Companies on to the Midland Railway and to the Grand Junction Railway certain conCompany, from the point of intersection of the Midland pensation, Railway, at or near Atherley, for the benefit of the said how settled if respective companies, and for the working of their through upon. traffic from and to all points south of such point of intersection Provided that such running powers shall not include any right to the said respective companies, or either of them, to engage or participate in or to operate upon or over the line of the Company, any local traffic served by, collected at, or belonging to the places at or for which the Company shall have established stations on any part of the line of the Company, including Atherley and Gravenhurst ; and provided also, that the terms and conditions of such running powers, and the tolls and compensations to be paid for the same, shall be mutually agreed upon between the Company and each of the other companies respectively; and in the event of disagreement, such terms and conditions, tolls and compensations shall be settled by three arbitrators,one arbitrator to be appointed by each company, and the third by the Governor General in Council; and the award in writing of such arbitrators, or of the majority of them, shall be binding upon the said companies: and provided Proviso. also that this Act shall not prejudice or interfere with any running powers to which any railway company may now be entitled under any Order in Council made by the Lieutenant Governor of Ontario. any general 65. Nothing herein contained shall be construed to ex- Company empt the Company or its undertaking from the provisions subject to any general Act relating to railways which may be passed Act. during the present or any future session of Parliament. of 66 This Act may be cited as "The Northern Railway Short title. Company Act, 1875." CHAP. CHAP. 66. Preamble. Canada Railway Co. Erie and way. An Act to authorize the "Canada Southern Railway [Assented to 8th April, 1875] WHEREAS the Canada Southern Railway Company has petitioned for authority to acquire the Erie and Niagara Railway, 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 Senate and House of Commons of Canada, enacts as follows: 1. It shall be lawful for the Canada Southern Railway Company, within three years from the passing of this Act, to acquire the lines of railway, franchises, stocks, shares, lines, &c., of property, rights and privileges of the Erie and Niagara Niagara Rail- Railway Company of every nature or description, and wherever situate, and for the Erie and Niagara Railway Company to unite and amalgamate with the Canada Southern Railway Company upon such terms and conditions as may be agreed upon between the said two railway companies and approved of by a two-thirds majority of the shareholders of the said respective companies at a general meeting thereof, respectively, specially called for the purpose. Two-thirds majority required. Amalgama tion to be subject to 2. Such union or amalgamation shall be expressly subject to any limitations or conditions imposed by any Act relating certain limi- to the Erie and Niagara Railway Company, and to all the debts, obligations or liabilities of the said last mentioned Company, and to any rights in any suit or action then pending in any court. tations. Rights, &c., vested in Canada Southern Railway. Execution and filing of indenture. 3. Upon such union or amalgamation being completed, the Canada Southern Railway Company shall in all matters be substituted for the Erie and Niagara Railway Company, and shall and may possess, exercise and enjoy the said Erie and Niagara Railway, and the property, franchises, rights, powers and privileges of the Company as fully and effectually as the Erie and Niagara Railway Company immediately before such union or amalgamation. 4 The indenture to witness the said union or amalgamation shall be executed by the said respective Companies, parties thereto, in duplicate, and upon the filing of one part thereof in the office of the Secretary of State of Canada, such union and amalgamation shall be taken to be fully complete, complete, and immediately after the filing of the said duplicate in the office of the Secretary of State a notice to that effect shall be published in the Official Gazette. bonds of Southern 5. Subject to the debts and liabilities of the Erie and Niagara How first Railway Company at the time of such union or amalgamation mortgage the mortgage executed by the Canada Southern Railway Canada Company bearing date the fifteenth day of December, one shall apply. thousand eight hundred and seventy, to secure the issue of nine million dollars of first mortgage bonds of the said Company, shall be and become the first charge upon and over all the Company's railways, works, rolling stock, plant, property and effects whatsoever, and now or at any time hereafter acquired, according to the tenor and effect of the said mortgage, including therein the interest of the Company in the said Erie and Niagara Railway. ways extend 6. The times limited by the Acts respecting the Canada Time for comSouthern Railway Company or the Erie and Niagara Rail- pleting Railway Company for completing the said original lines respec- d. tively, or any branch lines authorized by the said Acts or any of them, are hereby respectively extended for the period of three years after the passing of this Act. CHAP. 67. An Act respecting the Canada Central Railway [Assented to 8th April, 1875.] WHEREAS it has been found impracticable to complete Preamble. the line of railway authorized to be constructed by the Canada Central Railway Company within the time limited for that purpose; and whereas the said Company has, by its petition, prayed for an extension of the time fixed for the completion of the said railway, and for other privileges, and it is expedient to grant the prayer of the said petition: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: plans and 1. The time limited for the deposit of maps, plans and Time for books of reference of the Canada Central Railway is hereby deposit of extended for two years, and the time limited for the com- completion of pletion thereof for five years, from the first day of September railway next, and from thence until the end of the session of Parliament next thereafter. extended. Line of railway. Company's rights saved. Company may hold or use steamboats and vessels. Preferential bonds may be issued. Proviso. Amalgamation with another company. 2. The said Company is hereby authorized to build the said railway in the most direct and feasible route from Renfrew Village towards Lake Huron, and is also hereby authorized to build a railway to Pembroke from said Canada Central Railway, to be a part thereof. 3. Nothing in this Act shall prejudice or affect the right of the Company to any subsidy or grant to which the said Company would be otherwise entitled. 4. The said Company is hereby authorized to purchase, build, own, hold, use or otherwise dispose of any steamboats or other vessels to run on any waters with which the said railway may communicate, in connection therewith. 5. The said Company is hereby authorized to issue bonds to form a first and preferential claim and charge upon the said railway, and the property of the Company, real and personal, now existing, or at any time hereafter acquired, to an amount not exceeding thirty thousand dollars per mile of their road. Provided that such bonds shall not be issued until the bonds already issued by said Company, and those which said Company is already authorized to issue in respect of the extension of the road to Renfrew shall have been redeemed or retired, except with the consent of the holders of the said last mentioned bonds. 6. The said Company may amalgamate with any other railway company, and may accept and receive such Com pany as forming part of the Canada Central Railway Company, and such amalgamation may be by deed, which, however, shall not have any force or effect until it shall have been submitted to the shareholders of both companies at meetings of such shareholders respectively, duly called for the purpose thereof and approved by them. Preamble. CHAP. 68, An Act respecting the Montreal Northern Colonization [Assented to 8th April, 1875.] † HEREAS the Montreal Northern Colonization Railway Company have, by their petition, prayed for more convenient provisions for the issuing and securing their debentures for such loans as they are now authorized to borrow, and for the change of the name of the Company, and it is expedient that their said prayer be granted: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: tures may 1. The Company is hereby authorized to issue upon and First mortin respect of their line of Railway from Montreal to Aylmer gage debenand the branch to St. Jerome, first mortgage debentures in be issued. any convenient form, to the total amount of three million eight hundred and fifty thousand dollars' currency, or seven hundred and seventy thousand pounds sterling, and no more, and may sell and dispose of the same at such prices as they may agree upon; and may secure the due payment of the princi- on what pal and interest of the said debentures, by mortgage or property mortgage hypothec of their said line of railway, and the lands, build- may be given. ings, equipments and other property and the revenues thereof, and of all or any parts of the lands granted or to be granted by the Province of Quebec, in aid of the said railway, from Montreal to Aylmer, and of the said branch, in pursuance of any Act of the Legislature of the said Province; and the said Company may, and shall be bound from time Company to time, to execute any deed or other instrument that may bondt be requisite to perfect the charge intended to be created by assurance. such mortgage or hypothec, and to perfect the security thereby intended to be given, and to enable such charge to be made completely effectual by registration thereof, in accordance with the laws of the Province of Quebec; the whole, further to however, without prejudice to the rights of any un- Saving cerpaid proprietor of land taken or to be taken for the right of tain rights. way or for stations. of trustees for 2. Any such mortgage or hypothec may be made to any cor- Mortgage poration or to any person or persons in the United Kingdom or to be to in the Dominion of Canada, as trustees for the holders from debenture time to time of the said debentures; which debentures shall holders. refer to such mortgage or hypothec, and shall be countersigned by the trustees, or one of them, or by some person on their behalf duly authorized by them in that behalf, for the purpose of identifying such debentures as those which are to be secured by such mortgage or hypothec. any Bank or Company incorporated for financial purposes may be thereby appointed trustees, and are hereby authorized to accept such appointment and perform the duties connected therewith as described in such mortgage or hypothec. And Who may be trustees. sell, &o. 3. Any such mortgage or hypothec may contain an Powers of authority to the trustees to take possession of, work, and trustees to sell the railway, lands and other property therein comprised, upon default by the Company to pay the principal and interest of the debentures to be secured thereby or any part thereof, within such delays respectively and upon such terms |