c. 55; and to construed. V.. 7. From and after the passing of this, the Act passed by the How Acts of Legislature of the Province of Quebec, in the thirty-second year Quebec Legis of Her Majesty's reign, intituled "An Act to incorporate the Mon- lature 32 treal Northern Colonization Railway Company," and the Act 34 V., c. 23, passed by the same Legislature in the thirty-fourth year of Her arbe Majesty's reign, intituled "An Act to grant additional powers to the Montreal Northern Colonization Railway Company and for other purposes," shall be read and construed and have effect as if the words "Governor General in Council," were substituted for the words "Lieutenant Governor in Council," the words "Secretary of State of Canada," for the words "Provincial Secretary," the words "Minister of Public Works," for the words "Commissioner of Public Works of the Province of Quebec," the words "Canada Gazette," for the words "Official Gazette" or "Quebec Official Gazette," the words and figures "The Railway Act, 1868,” for the words and figures "The Quebec Railway Act, 1869," and the words and figures "The Canada Joint Stock Companies Clauses Act, 1869," for words describing the Act of the Legislature of the Province of Quebec, thirty-one Victoria, chapter twenty-four, "The Joint Stock Companies' General Clauses Act," whenever the same respectively, occur in either of the said Acts; and the said Acts so read and construed and taking effect, shall be held and deemed to be special Acts according to the true intent and meaning of "The Railway Act, 1868;" and part first of the said last mentioned Act shall, so far as applicable to the undertaking and except as expressly varied or excepted by the said special Acts or either of them, be incorporated with the said special Acts, form part thereof and be construed there with as forming one Act; and no part of" The Quebec Railway Act, 1869," shall be incorporated with the said special Acts or either of them or form part there of or be construed there with as forming one Act. CHAP. 83. An Act to enable the Great Western Railway Company to further extend and improve its connections. WHE [Assented to 23rd May, 1873.] HEREAS the Great Western Railway Company, hereinafter Preamble. styled the Company, have petitioned that they should be enabled to aid in the construction of certain works which will tend to improve their connections, and for further extension of their powers; and whereas it is expedient to grant them the powers which they have asked by their petition: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Company May take stock in other companies. Agreements with other railway companies. Arrangements and rolling stock with 1. Subject to the priority of the loan capital, as settled and secured by the sixth section of "The Great Western Railway Company's Financial Act, 1871," and the amount of terminable bonds or perpetual debenture stock now issued, or which may be issued on the basis of capital to be raised by the said Act, the Company may agree for the loan of its credit by direct guarantee or traffic contract or otherwise, to and with the Canada and Detroit River Bridge Company, and to and with the Queenston Suspension Bridge Company and the Lewiston Suspension Bridge Company, or the corporations which may be created by the amalgamation of either of such companies with any other bridge companies, and to and with any other company or companies having a bridge or bridges or having 1ower to construct a bridge or bridges over the Niagara river or the Detroit river; or may agree as and for the purposes aforesaid, to and with any other railroad or railway company with which, by the Acts of incorporation of the Company, or by the Acts relating to the Company, it has power and authority to unite, or, upon behalf of which power and authority has been conferred to use its funds by way of loan or otherwise; and may enter into traffic arrangements and agreements with any such railway, railroad or bridge company for the working, leasing or using the railway, railroad or bridge thereof, or part thereof, for and during such term of years as may be agreed upon between them: Provided that no discrimination in tariff or precedence of traffic over any such railway bridge shall be made in favor of or against any railway or railroad. 2. The Company may take, hold and become the owners of stock or shares, or avail itself of any of the rights or powers given or reserved to the Company or to any railway or railroad company, in the Canada and Detroit River Bridge Conrpany, the Queenston Suspension Bridge Company, or any Company having a bridge or power to construct a bridge over any of the rivers aforesaid, or in the Great Western and Lake Ontario Shore Junction Railway Company, or in any company with which the Company has power to unite by any Acts relating to the Company, or by any Acts of the late Province of Canada or of the present session of the Parliament of Canada. 3. The Company shall have power to guarantee for the loan of its credit to or become guarantors for, or may subscribe to or become the owners of stock in any railway company with the line of which their line may be in connection, or any railway company over the line of which they may now have or hereafter may make arrangements or agreements for running or working powers or the conveyance of traffic. 4. The Company may enter into traffic arrangements or agreefor use of line ments with the Wellington, Grey and Bruce Railway Company, the London, Huron and Bruce Railway Company, and the Erie and Huron Railway Company, for the hiring, leasing, working or using the lines of railway of such railway com other rail ways, pany pany or companies, or any parts thereof, at any time or times, or for any period; or for the leasing or hiring any locomotives, tenders or moveable property, and generally to make any agreement or agreements with any such company touching the use by one or the other, or by both companies, of the railway or moveable property of either or both, or any part thereof, or touching any services to be rendered by the one company to the other, and the compensation therefor; and any such agreement shall be valid and binding, and shall be enforced by courts of law according to the terms and tenor thereof. purposes. 5. Whereas the Company have entered into agreements for run- Recital, ning powers and otherwise for the working of railways subsidiary to the railway of the Company and in connection therewith, or with the branches thereof, or with other lines of railway worked by the Company, and it is necessary that the Company should acquire and possess lands at convenient places along the line of such railways for the more convenient working thereof, and for the convenience of its traffic and the maintaining of the railway; there- purchase land Company may fore it shall be lawful for the Company to purchase, take and hold, for certain at convenient places along the line of their road and its branches, and along the line of any railway worked by the Company, such lot and lots of land, or parcels thereof, as the Directors shall think advisable or necessary for the use and convenience of the same and the traffic thereof, and for providing facilities therefor, and for the construction of double tracks, and for supplying ballast and keeping the said railway of the Company and its branches, and such other railways worked by the Company in sufficient repair, and also the right of way to the same; and again to sell and dispose of such lands or any part thereof. 6. Whereas the share and stock capital of the Great Western Recital. Railway Company is twenty-eight million eight hundred thousand dollars,-five millions nine hundred and twenty thousand eight hundred and seventy-nine dollars whereof are yet un-issued; and the said Company have power to borrow upon their terminable bonds a sum equal to one-half the said capital, or fourteen million four hundred thousand dollars, and have already exercised such power to the extent of ten million five hundred and twenty-seven thousand five hundred and seventy-three dollars and thirty-two cents, leaving a sum of three million eight hundred and seventytwo thousand four hundred and twenty-six dollars and sixtyeight cents which may be raised under such powers; and whereas, under section six of "The Great Western Railway Company's Financial Act, 1871," the Company is declared to have further power of borrowing upon perpetual debenture stock the sum of three million four hundred and eighty-two thousand. and one hundred and seventy-four dollars and seventy-one cents, of which they have already issued two hundred and twenty-seven thousand two hundred and seventy-three dollars and thirty-four cents, leaving three million two hundred and fifty-four thousand nine hundred and one dollars and thirty-seven cents which may yet be raised thereon; and whereas the said terminable bonds and borrow a certain sum in what manner. and perpetual debenture stock have a co-ordinate lien upon the railway tolls, lands and property of the Company; And whereas the sums remaining unborrowed upon the said two classes of security amount to seven million one hundred and twenty-seven thousand three hundred and twenty-eight dollars and five cents, and it may be expedient to raise the whole of such money, or so much thereof as may from time to time be required, by the issue of one of such two classes of security only, or partly by and upon one and partly by and upon the other, irreCompany may spective of the limitation aforesaid as to each class; therefore, it shall be lawful if the Directors of the Company think it advisable, of money, and and they are hereby empowered to raise and borrow the whole of the said sum of seven million one hundred and twenty-seven thousand, three hundred and twenty-eight dollars and five cents, or so much thereof as from time to time may be deemed necessary, by the issue of perpetual debenture stock, to be treated and considered as part of the regular debenture debts of the Company, or by the issue of terminable bonds, or partly by the issue of one class and partly by the issue of the other; and also to raise the further sum of two million nine hundred and sixty thousand, four hundred and thirty-nine dollars and fifty cents, being equal to one half of the amount of the said un-issued share and stock capital by the creation and issue of the like perpetual debenture stock, irrespective of and notwithstanding any limitation in regard to the amount of such securities respectively contained in the Act passed in the twenty-second year of Her Majesty's reign, chapter one hundred and sixteen, or in "The Great Western Railway Company's Limitation of Financial Act, 1871," or in any other Act,-so, however, that the loan capital raised or borrowed under one class or the other, as hereby provided, shall not, in the whole, exceed the sum of ten million and eighty-seven thousand, seven hundred and sixty-seven dollars and fifty-five cents, and the perpetual debenture stock and terminable bonds so issued shall respectively stand upon the same footing and be in every respect in the same position as the perpetual debenture bonds and terminable bonds respectively in the sixth and seventh sections of " The Great Western Railway Company's Financial Act, 1871," mentioned, and although the amount of either class shall be in excess of the limit therein mentioned in regard thereto. amount. Consent of shareholders 7. No liability or expenditure shall be incurred or powers to be obtained. exercised under this Act unless the consent of two-thirds of the shareholders present in person or by proxy shall have been obtained at any half-yearly general meeting in terms of the seventh section of "The Great Western Railway Act, 1870," or at a special general meeting, if deemed expedient to be called for the purpose. Short title, 8. This Act may be cited as "The Great Western Railway Act, 1873" CHAP. CHAP. 84. An Act to enable the Buffalo and Lake Huron Railway WHE [Assented to 23rd May, 1873.] Case recited. HEREAS by an indenture, dated the twenty-fifth day of Au- Preamble gust, one thousand eight hundred and fifty-two, and made between the Brantford and Buffalo Joint Stock Railroad Company, of the first part, and Arunah Huntington, David Christie, and Dean Richmond, of the second part, the said Company mortgaged its railroad, then in course of construction from Fort Erie Ferry to Paris, in the present Province of Ontario, to the parties thereto of the second part, for the purpose of securing an issue of bonds to the amount of one hundred and twenty-five thousand pounds sterling, the principal thereof to be payable in London, England, on the first day of August, one thousand eight hundred and seventy-two, with interest in the meantime at the rate of six pounds per cent. per annum; And whereas the said company was afterwards empowered to extend its said railroad to Goderich, also in the present Province of Ontario, and its name was changed to the Buffalo, Brantford, and Goderich Railroad Company; And whereas by an indenture dated the first day of July, one thousand eight hundred and fifty-three, and made between the Buffalo, Brantford, and Goderich Railroad Company, of the first part, and Arunah Huntington, David Christic, and Aaron D. Patchin, of the second part, the said Company mortgaged the section of its railroad, then in course of construction from Paris to Goderich, to the parties thereto of the second part, for the purpose of securing an issue of bonds to the amount of one hundred and eighty thousand pounds sterling, the principal thereof to be payable in London, England, on the first day of July, one thousand eight hundred and seventy-three, with interest in the meantime at the rate of six pounds per cent. per annum; And whereas the bonds issued on the security of the said respective indentures are hereinafter referred to as the first and second section first mortgage bonds respectively; And whereas, by an indenture dated the first day of June, one thousand eight hundred and fifty-four, and made between the said Company, of the one part, and James Kerby, David Christic, and Myron P. Bush, of the other part, the said Company mortgaged its entire railroad from Fort Eric to Goderich to the parties thereto of the latter part, for the purpose of securing an issue of bonds to the amount of three hundred thousand pounds sterling, the principal thereof to be payable in London, England, on the first day of June, one thousand eight hundred and seventy-four, with interest in the meantime at the rate of six pounds per cent. per annum; And whereas in the year one thousand eight hundred and fifty-six, the said company, with the authority of the legislature of the then Province of Canada, sold its railroad to the Buffalo and Lake Huron Railway Company, in consideration |