II. It shall be lawful for the School Commissioners of the said Parish to collect the assessment and taxes aforesaid, in the same manner as if they had been regularly imposed.

III. This Act shall be a Public Act.

CAP. LXXIII.

Preamble.

Company to

had power to

and to make

An Act to amend the Charter of the Ontario, Simcoe and Huron Railroad Union Company.

W

[Assented to 19th June, 1856.]

HEREAS the Ontario, Simcoe and Huron Railroad Union Company, acting under the belief that they had lawful right to purchase, build, own and work steam vessels on Lake Simcoe, to ply in connection with their railway, purchased one steam vessel, and contracted for and built another, on that lake, and in order to induce traffic over their road, between Lakes Ontario, Huron, Michigan and Superior, made arrangements with steamboat proprietors to run their boats in connection with the said railroad; And whereas doubts have arisen whether they have sufficient authority in Law in that behalf, and whether they have power to enforce such contracts, or are liable on the same; And whereas it is desirable that such rights should be fully confirmed to the said Company: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. The said Company shall be held to have had and have and to be shall have power and authority to purchase, build, comheld to have plete, fit out and charter, sell and dispose of, work and own and work control, and keep in repair the said steam vessels on Lake vessels on Simcoe, and one or more other vessels, from time to Lake Simcoe, time, to ply on the said Lake in connection with their railway; agreements and also, to make arrangements and agreements with steamfor or charter boat proprietors on the other Lakes, by chartering or otherwise, vessels on On- to run vessels in connection with their said line of railway; tario, Huron, Michigan or and, in addition to the powers already vested in the Directors Superior and, of the said Company, it shall be lawful for them, by By-law fix tolls, &c. approved by the Governor in Council, to fix, establish and regulate from time to time, all tolls, charges and payments to be paid or payable to or for the uses of the said Company, for conveying goods and passengers on the said railway, and vessels running in connection therewith, or in the said vessels Proviso as to alone: Provided always, that nothing in this Act contained, claim of John shall be held to affect the legal rights of John Gartshore, of the Town of Dundas, Iron-Founder, for or in respect of any alleged claim or claims against any person or persons now or heretofore connected with the said Railway Company as Shareholders, Directors or otherwise, in their individual capacity.

Gartshore.

Public Act.

II. This Act shall be deemed a Public Act.

CAP.

CAP. LXXIV.

An Act to amend the Act of Incorporation of the Woodstock and Lake Erie Railway and Harbor Company. [Assented to 19th June, 1856.]

W

18 V. c. 179.

HEREAS in and by the Act passed in the eighteenth Preamble. year of Her Majesty's Reign, intituled, An Act to amend the Charter of the Woodstock and Lake Erie Railway and Harbor Company, certain provisions (amongst others) were made for enabling the said Company to amalgamate or unite with any other Railway Company in this Province, or to lease or sell their Line of Road, or any portion thereof, and appurtenances, or the Stock thereof, to any such other Railway Company, or to purchase, buy out, or lease any other such Railway Company, or the Stock thereof, upon such terms and conditions as should be agreed upon; And whereas the Municipalities of Woodstock, South Norwich, North Norwich, Simcoe, Windham and Woodhouse, are interested in the said Company as the holders of Bonds of the said Company, and contemplate converting their said Bonds into Stock of the said Company, and it is desirable that the said Municipalities and the other Municipalities hereinafter referred to, should be authorized to aid and assist the said Company in the manner hereinafter mentioned; and that the following amendments should be made in the several Acts affecting the said Company: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. It shall be lawful for the said Municipalities and for any Certain Muand every other Municipality through any part of which, or nicipalities near to which the Railway or works of the said Company, or may aid the the Railway or works of any Company which shall amalgamate loans, &c. Company by or unite with the said Company, or the Railway or works of the amalgamated Companies, if such amalgamation or union shall take place, shall pass or be situate, to aid and assist the said Company or amalgamated Companies by loaning or advancing money or other means to such Company or Companies, or issuing Municipal bonds to or in aid of such Company or Companies, or guaranteeing loans or advances to such Company or Companies, and otherwise in such manner and to such extent as such Municipalities or any of them shall think expedient Provided always, that no such aid, loan or guarantee Proviso. shall be given except after the passing of By-laws for the purpose, and the adoption of such By-laws by the Rate-payers, as provided in the ninth section of this Act.

II. It shall be lawful for any Municipality or Municipalities Municipalities who shall at any time be Shareholders in the said Company or being Stockamalgamated Companies, (including the before mentioned Mu- holders, may give up their nicipalities in case they shall have converted their said bonds Stock to the

Company in exchange for bonds, &c.

of bonds, one to another.

into stock,) with the consent of such Company or Companies, or the Board of Directors for the time being, to surrender and yield up their stock to such Company or Companies, and to receive from such Company or Companies in lieu or satisfaction thereof the bonds of such Company or Companies, or such other payment, remuneration, or security therefor, in such manner and form, and for such amount and at such price, as they shall think proper, or as hath been already agreed upon or shall hereafter be agreed upon in that behalf.

Company and III. It shall be lawful for the said Company or amalgamated Municipalities Companies, or their Board of Directors for the time being, and may agree as any Municipality or Municipalities desirous of aiding or assistto priority or postponement ing, or who have aided or assisted such Company or Companies, to agree that the bonds of such Company which such Municipality shall take or receive, whether taken in payment or in lieu of Municipal bonds issued or to be issued to aid or assist such Company, or in lieu or satisfaction of Stock surrendered or yielded up, or to be surrendered or yielded up by such Municipality or otherwise howsoever, shall be postponed, deferred, or subject to the payment of other bonds issued or to be issued by such Company, to such amount as shall be agreed upon in that behalf, and generally to make such agreements and arrangements touching the priority, precedence, or preference of any bonds before or over other bonds of such Company, and the postponing, deferring, and making subject any bonds to and after other bonds of such Company, and for arranging the order as to preference or priority in payment or otherwise of any and all bonds issued or to be issued by such Company, as they shall think proper; and such agreement shall be held to be legal and binding on all parties, and the bonds issued by such Company shall have and obtain such order and preference upon and over the assets and property of such Company as shall be so agreed upon in that behalf: Provided always, that all bonds to be issued by such Company or Companies which shall be subject, deferred, or postponed to or after other bonds issued or to be issued by such Company or Companies, shall recite or show not only the aggregate amount of such deferred or postponed bonds, but also the aggregate amount of the bonds having or to have preference or priority to or over such deferred or postponed bonds.

Proviso: postponed bonds as such on the

to be marked

face.

Corporate

name of any

panies of which the

be one.

IV. If the said Company shall amalgamate or unite with union of Com- any other Company or Companies as provided in the third section of the Act first above referred to, it shall not be necessary to retain the name of either of such Companies, but Company shall the Companies so amalgamating or uniting may decide and agree upon such name for the amalgamated Companies as they shall please, and shall specify or designate such name in the deed of amalgamation or the agreement to amalgamate or unite, and after such amalgamation or union, such name shall be the corporate name of the amalgamated Companies, and under

such

such corporate name they shall be invested with and may exercise and enjoy all the rights, powers, privileges, property, benefits and advantages which otherwise would appertain to the amalgamating Companies, and to all and every of them, if such amalgamation had not taken place.

V. And whereas the said Municipalities mentioned in the Recital. preamble to this Act, being largely interested in the said Company as the holders of certain bonds of the said Company, deemed it necessary to make certain arrangements for insuring the more speedy completion of the said Railway, and did by delegates acting on their behalf, accept certain proposals and enter into certain arrangements for that purpose in writing bearing date the tenth day of March, in the year of our Lord one thousand eight hundred and fifty-six, with Miles O'Reilly, of the City of Hamilton, Esquire, which arrangements were atterwards ratified and confirmed by the Councils of such Municipalities respectively, and are in the words contained in Schedule A to this Act annexed; Therefore, it is enacted and declared, that the Agreement By-laws or Resolutions of the Councils in acceptance of such between the agreement, shall, after the approval of the rate-payers as pro- Company and vided in the ninth section of this Act, authorize the said Coun- cipalities corcils to carry the same into full effect according to the true firmed. intent and meaning thereof.

certain Muni

VI. And whereas doubts have arisen as to the regularity or Recital. legality of the proceedings of the Directors of the said Company, in their dealings with the said Municipalities and obtaining loans therefrom, and it was in and by the said arrangements amongst other things agreed, that the said Directors should be indemnified, and their action and proceedings in the premises legalized by Act of Parliament; Therefore, it is Certain Acts enacted and declared that the acceptance and adoption by the of the Directors as to MuRate-payers as hereinbefore provided, of the said agreement of nicipal bonds the tenth of March, one thousand eight hundred and fifty-six, shall confirmed. thereupon operate and take effect as a full discharge and indemnity to the said Directors, from all claims, actions and proceedings at Law or in Equity on the part of the said Municipalities, or any other party or parties whatsoever, for or by reason of the said action and proceedings in the premises.

VII. It shall be lawful for any shareholder or person holding Shareholders stock in the said Company, at any time within six calendar may surrender months after the passing of this Act, by writing under his their Stock. hand, delivered to, and deposited with, the Secretary of the said Company, to surrender or yield up such stock or any part thereof, and thenceforth as to such stock or shares so surrendered or yielded up, such party shall cease to hold or be entitled to the same, and cease to be liable in any manner however in respect thereof, and the proper entries shall be made in the stock book of the said Company, shewing that such stock has been surrendered or yielded up.

Company or VIII. It shall be lawful for the said Company or amalgaamalgamated mated Companies to borrow money from time to time for maCompanies king, completing and working this Railway, and to pledge may pledge their road, the lands, tolls, revenue and other property of the Company for &c., and give the due payment thereof; and to issue and dispose of their premium upon bonds from time to time, at such rate of premium or discount loans raised by them. or otherwise as may be agreed upon in that behalf; and also to make their bonds to be issued by them for securing the repayment of any sums so borrowed, convertible into stock of the Company, on the terms and conditions to be mentioned or expressed in such bonds or in the By-laws of the Company; and all bonds to be issued by the Company for the payment of money only, whether they be convertible into stock as aforesaid or otherwise, shall be transferable by delivery or indorsed in like manner as promissory notes.

By-laws for aiding the Railway, the

IX. That any By-law for aiding the said Railway or for changing the position of any bonds or stock, with reference to

priority priority or otherwise, before the same shall be of any force or

of

bonds, &c., must be first

submitted to rate-payers as

under 16 V. c. 22.

First moneys

raised to be used to pay for certain

effect, shall be first submitted to a vote of the Rate-payers of the Municipality interested, for their approval, and assented to by them or a majority of those voting thereat, whieh vote shall take place at such place as may be fixed by the Municipal Council interested, and of which, one month's previous notice shall be given in the manner prescribed by the fourth sub-section of the second section of the Act sixteenth Victoria, chapter twenty-two.

X. That the first moneys raised under this Act shall be applied in the first place towards the payment and discharge of all fees, expenses and disbursements for procuring the passurveys, &c. sing of this Act, and for making the Surveys, Plans and Estimates of the said Railway and connected therewith, including those made within the last four years.

Public Act.

XI. This Act shall be deemed a Public Act.

SCHEDULE A.

Proposal by Mr. O'Reilly to the Delegates of the Municipalities of Woodstock, North Norwich, South Norwich, Windham, Simcoe and Woodhouse:

1. That the said Municipalities should take the bonds of the Woodstock and Lake Erie Railway and Harbor Company, for any aid already given and to be given to the said Company, which shall be postponed or subject to first mortgage bonds to be issued by the Company to the amount of one million pounds;

2. Private stock shall be taken to the amount of from seven hundred and fifty thousand pounds to one million pounds, in this and the road westward of St. Thomas;