part fail to remedy the cause of the failure within six months from the time of such failure the party of the first part shall then have the right to terminate the agreement absolutely and occupy and thereafter operate the said railway as its own property without any right on the part of the party of the second part to claim any compensation or payment under this agreement by reason thereof.

18. It is further agreed that the parties of the first and second parts will both join in the necessary application to the Board of Railway Commissioners for Canada for authority to enter into this agreement and for approval of the terms thereof.

19. It is further agreed that the valuation of the property which shall be taken over by the party of the first part from the party of the second part under any or either of the provisions of this agreement, and for which the party of the first part may be liable to pay, shall in the event of the parties hereto failing to agree thereon be submitted to arbitration under the provisions of the Arbitration Act, and amending Acts.

20. Should the party of the first part under the terms of the agreement of the ninth day of July, 1904, hereinbefore recited, retake possession of that portion of its track extending from the junction of the Vancouver and Lulu Island Railway to Kitsilano Beach then and in such case the party of the first part shall have the right to use that portion of the said railway covered by this agreement, extending from the junction of Granville street south to the junction of the Vancouver and Lulu Island Railway and the Kitsilano track for its service between Vancouver and Kitsilano Beach, aforesaid, and in such event a mutually satisfactory agreement shall be made between the parties of the first and second parts governing the right of way as between the Lulu Island service of the party of the second part and the Kitsilano service of the party of the first part over that portion of the track hereinbefore mentioned used by both companies and the cost that may be incurred in connection with safeguarding operations of the two companies over such joint portion of the track shall be borne equally by the parties of the first and second parts and the party of the first part will contribute fifty per cent of the cost of ordinary repairs to the railway bridge across False Creek but shall not be liable for any part of the cost of replacing or renewing the structures or any repairs of an extraordinary nature and should the parties fail to reach an agreement mutually satisfactory as in this clause mentioned the same shall be referred to arbitration pursuant to the provisions of the Arbitration Act.

21. This agreement shall take effect as soon as it receives the consent and approval required to make it legally valid.

22. It is further agreed by and between the parties hereto that all costs in connection with the preparation and execution of this agreement obtaining the consent of the Board of Railway Commissioners and advertising required by the provisions of

the Railway Act shall be borne equally by the parties of the first and second parts.

23. The party of the third part hereby ratifies and consents to all the terms, covenants and conditions of this agreement in so far as they relate to or affect that portion of the said railway owned by it and leased as hereinbefore mentioned to the party of the first part and the parties of the fourth part do hereby consent to the alteration of the said recited agreement of the 9th day of July, 1904, and ratify and confirm the same as so altered.

WITNESS the corporate seals of each of the parties, and the signatures of the officials below named, and the signatures and seals of the parties hereto of the fourth part:

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

most Excellent Majesty.

CHAP. 67.

An Act respecting the Brockville, Westport and
North-western Railway Company.

WHEREAS

[Assented to 22nd March, 1907.]

WHEREAS the Brockville, Westport and North-western Preamble. Railway Company has by its petition prayed that it be

1905, c. 64.

enacted as hereinafter set forth, and it is expedient to grant 1903, c. 88; 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, enacts as follows:

7 amended.

1. Section 7 of chapter 88 of the statutes of 1903 is amended 1903, c. 88, s. by striking out all the words after "Algoma" in line 18 and inserting the following in lieu thereof: "and from a point on the said line at or near Antioch, in the township of Sinclair, to the town of North Bay, in the district of Nipissing, and may lay out, construct and operate branch lines from the main line at or near Palmer's Rapids to Barry's Bay or Wilno, on the Canada Atlantic Railway."

construction extended.

2. The Brockville, Westport and North-western Railway Time for Company may commence the construction of its railway and expend fifteen per cent of the amount of its capital stock thereon, within two years after the passing of this Act, and may complete the said railway and put it in operation within five years after the passing of this Act; and if the said railway is not so commenced and such expenditure is not so made, or if the said railway is not completed and put in operation, within the said periods respectively, the powers of construction conferred upon the said Company by Parliament shall cease and be null and void as respects such portion of the said railway as then remains uncompleted.

3. Chapter 64 of the statutes of 1905 is repealed.

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

1905, c. 64 repealed.