thereof; and generally to make any agreement with any such company or companies touching the use by one or the other or others of the railway or bridge or movable property of either or both or any part thereof, or touching the service 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: 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. operations 16. The Company shall have power to use its funds, by way of Company may loan or otherwise, in laying its rails out of the Dominion of extend its Canada, in providing facilities at stations or otherwise, in the beyond United States of America, for its traffic and for making connec- Canada. tions and promoting its traffic with the railways therein. companies. 17. It shall be lawful for the said Company to enter into any Arrangements agreement with any other railway company in the Dominion of with other Canada for leasing the said railway or any part thereof or the use thereof at any time or times or for any period, to such other company, or for leasing or hiring from such other company any railway or part thereof or the use thereof, or for the leasing or hiring any locomotives, tenders or movable property; and generally to make any agreement or agreements with any such other company touching the use by one or the other, or by both companies, of the railway or movable property of either or of both, or any part thereof, or touching any service to be rendered by the one company to the other, and the compensation therefor; or such other railway company may agree for the loan of its credit to, or may subscribe to and become the owner of the stock of the railway Company hereby created, in like manner and with like rights as individuals; and any such agreement shall be valid and binding, and shall be enforced by courts of law according to the terms and tenor thereof; and any company or individual accepting and executing such lease shall be and is empowered to exercise all the rights and privileges in this charter conferred. to promissory 18. The Company shall have power to become parties to Company may promissory notes and bills of exchange for sums not less than become parties one hundred dollars; and any such promissory note made and notes. endorsed and such bill of exchange drawn, accepted or endorsed by the President or Vice-President of the Company, and countersigned by the Secretary and Treasurer, and under the authority of a majority of a quorum of the Directors, shall be binding on the Company; and every such promissory note or bill of exchange made, drawn, accepted or endorsed by the President or Vice-President of the said Company, and countersigned by the Secretary and Treasurer, as such, shall be presumed to have been properly made, drawn, accepted or endorsed, as the case may be, for the Company, until the contrary be shown; and in no case shall it be necessary to have the seal of the Company affixed to any such bill of exchange or promissory note; nor shall the President, Vice President Proviso. President, or Secretary and Treasurer of the Company so making, drawing, accepting or endorsing any such promissory note or bill of exchange be thereby subjected individually to any liability whatever: Provided always that nothing in this section shall be construed to authorize the said Company to issue any note payable to bearer, or any promissory note intended to be circulated as money or as the notes of a bank. Limitation of 19. The railway shall be commenced within three years, and construction. completed within five years after the passing of this Act. time for Declaration. 20. The said railway hereby authorized to be constructed is hereby declared to be a work for the general advantage of Canada. SCHEDULE A. of Know all men by these presents, that I, hereby, in consideration of dollars, paid to me by the Great Western and Lake Ontario Shore Junction Railway Company, the receipt whereof I hereby acknowledge, do grant and confirm to the said company, its successors and assigns for ever, all that certain parcel of land situate for the purpose of their railway, and I, of the said the wife do hereby release my dower on the said Preamble An Act to amend the Act incorporating the Detroit [Assented to 23rd May, 1873.] HEREAS Milton Courtright and other Provisional Directors of the Detroit River Railway Bridge Company have petitioned for such an amendment to their Act of incorporation as to empower them at their option to construct a bridge across or a tunnel under the River Detroit, and for an increase of their capital capital stock, and also for other amendments to the said Act; 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. Section thirty of the Act passed in the thirty-fifth year of S. 30 of 35 Her Majesty's reign, chaptered ninety-one, intituled, " An Act to V., c. 91, reincorporate The Detroit River Railway Bridge Company," is hereby repealed. pealed. 2. The name of the Company incorporated by the said Act is Name hereby changed to " The Detroit River Railway Bridge and Tun- changed. nel Company," 3. The said Company shall have power, at their option, to con- A bridge or a tunnel may struct, maintain, work and manage a railway bridge across or a be constructtunnel under the River Detroit, as may be found most suitable for ed. railway purposes, at the point mentioned in section four of the said Act. tunnel. 4. All the provisions and requirements of the said Act concern- Provisions ing the bridge authorized thereby to be constructed, with reference applicable to to surveys and plans, the approval of the site and plans by the Governor in Council, the running of trains over the same, agreements with railway companies for leasing the same or for the use thereof, shall apply to the said tunnel, if constructed, in so far as the same may be properly applicable thereto. 5. If the amount of the capital stock of the Company, including Increase of the increase thereof authorized by the ninth section of the said capital. Act, be found insufficient for the purposes of the Company, a further increase may be made under the provisions of " The Railway Act, 1868." 6. If the amount which the Company is authorized to borrow Increase of under the fourteenth section of the said Act be found insufficient, a borrowing power. further issue of bonds may be made, under the provisions of "The Railway Act, 1868." time for con 7. The time specified in section twenty-nine of the said Act is Extension of hereby extended to two years for the commencement and six years struction. for the completion, respectively, of the works of the Company, from the passing of this Act. &c. 8. The Company shall have full power and authority to pur- Power to ac chase, acquire, take and hold all such lands, lands covered with quire land, water, beaches and other property as may be necessary for the purpose of constructing the said bridge or tunnel, and working the trains in connection therewith, or for the convenient using of the same, and also for the construction and using of such branch railway, not exceeding four miles in length, as may be necessary to make connections or to approach the said bridge or tunnel; and to Public highways by use any of the public highways for the purpose of constructing and consent. working Company may bridge. working the same or any of them, with the consent of the municipal council having jurisdiction over such highway. 9. If the Company build a railway bridge instead of a tunnel, construct foot they shall have power to construct, as part of or in connection with the same, a passage floor or way for horses, carriages and foot passengers; and they may make the same either during the construction of the said railway bridge or at any time after the completion thereof; and in the event of their electing to construct such foot bridge, they may make, amend, repeal, re-enact and enforce all such by-laws, rules and regulations as shall seem to them proper and necessary as to the management, control and use thereof, and as to the tolls and fares to be received and charged for passing over the same. Preamble. Certain per sons incorporated. CHAP. 90, An Act to incorporate the Canada and Detroit River W [Assented to 23rd May, 1873.] HEREAS certain persons hereinafter named have petitioned for power to build a bridge across the Detroit River for railway and other purposes at such points in or near Windsor and Detroit as may be found eligible, with the object of connecting, by means of railways on such bridge, the Great Western Railway and the Michigan Central Railroad and all such other railways or railroads which now or may hereafter terminate either at Windsor or Detroit, and of affording ready communication between the said places; And whereas the Great Western Railway Company, claiming rights under their Acts of incorporation to construct the said work, have also petitioned, praying that the aforesaid petitioners should be entrusted with the enterprize, and an Act of incorporation be passed in their aid; and it is expedient to grant the prayer of the said petitioners: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Honorable William McMaster, Senator, James F. Joy, of the City of Detroit, in the State of Michigan, Esquire ; Sir Thomas Dakin, London, England; Gilson Homan, Sandford House, Kirkstall, near Leeds, England; Donald McInnes, of the City of Hamilton, in the Province of Ontario, Esquire; the Honorable John Carling, of the City of London, Ontario; Joseph Price, of the aforesaid City of Hamilton, Esquire: William Ker Muir, of the same place, Esquire; Samuel Barker, of the same place, Esquire, and John Kennedy of the same place, Esquire, together with such persons and corporations as shall under the provisions of of this Act become shareholders in the Company hereby incorporated, are hereby constituted and declared to be a body corporate and politic by the name of "The Canada and Detroit Corporate River Bridge Company." name. incorporated 2. "The Railway Act, 1868," is hereby incorporated with this Railway Act Act and shall form part hereof and be construed herewith as with this. forming one Act. build bridge 3. The Company hereby incorporated shall have full power Company may and authority under this Act to construct, maintain, work and over Detroit manage a railway bridge across the Detroit River for railway River. purposes, from some point at or near the Town of Windsor, in the County of Essex, towards a point at or near the City of Detroit, in the State of Michigan, and such other works as are hereinafter mentioned. 4. The Canada and Detroit River Bridge and other works by Declaratory of general this Act authorized to be constructed are hereby declared to be advantage. works for the general advantage of Canada. trains across 5. The said Company are hereby authorized to work trains Power towork by steam or horse or other power, for local passenger and freight bridge. traffic between the State of Michigan and the County of Essex over the bridge hereby authorized to be constructed; and to connect the said trains with other railways; and by and upon rails or otherwise to work and convey the said trains into the said county and into the said Town of Windsor and within the corporate limits thereof. 6. The Company shall have full power and authority to pur- Power to chase, acquire, take and hold all such lands, lands covered with acquire land, water, beaches and other property as may be necessary for the purpose of constructing the said bridge and working the said trains or for the convenient using of the same; and also for the construction and using of such branch railway, not exceeding four miles in length, as may be necessary to make connections or to approach the said bridge and to use any of the public highways for the purpose of constructing and working the same or with consent. any of them, with the consent of the municipal council having jurisdiction over such highway. Public roads Stock books. 7. The persons named in the first section are constituted the Provisional Board of Provisional Directors of the said Company and shall Directors. hold office as such until the first election of Directors under this Act; and shall have power and authority immediately after the passing of this Act to open stock books and procure subscriptions of stock for the undertaking,-giving at least four weeks' previous notice by advertisement in the Canada Gazette of the time and place of their meeting to receive subscriptions of stock; and the Plans and said Provisional Directors may cause surveys and plans to be made and executed, and may acquire any plans and surveys now existing and it shall be their duty, as hereinafter provided, to call a general meeting of shareholders for the election of Directors. surveys. |