34. The said lessees hereby agree with the said lessors to allow the said Midland Railway Company such running powers over the said portion of the line of the said lessors as may be settled by the said arbitration or otherwise under the said Order in Council and in all respects to abide by and submit to the rights that may be so awarded to the said Midland Railway Company in respect of such running powers: 35. Provided that the amount of the payments adjudged by the said arbitration to be paid to the said lessors by the said Midland Railway Company, for the exercise of such rights, shall be apportioned and divided between the said lessors and the said lessees in such system and manner that of the sum of such payments there shall be credited to the said lessors whatever portion thereof shall be found due to capital services and to the said lessees whatever portion thereof shall be found due to revenue services. 36. And whereas by an order passed by the Lieutenant-Governor of Ontario, in Council, dated the twenty-sixth day of March, one thousand eight hundred and seventy-two, certain aid has been granted to the Midland Railway Company for the construction of their line from Orillia to Munday's Bay, on the condition that the said Midland Railway Company shall agree to do what may be necessary to give the said lessors running powers over the said portion of the line of the said Midland Railway Company on terms to be settled by arbitration : 37. It is hereby agreed by and between the parties hereto, that in the event of the said running powers being acquired by the said lessors, then that all the user rights and powers so acquired by the said lessors, so far as the same can be worked in common connection with the working and traffic of the lines of the said lessors, shall enure and pass to the said lessees upon terms to be agreed upon between the said lessors and the said lessees analagous and as far as possible consistent with the principles of the terms of this lease. 38. And in case of the non-agreement of the said lessors and the said lessees as to the apportionment and division of the amount of the payments to be paid by the Midland Railway Company in respect of their running powers over the said portion of the line of the said lessors, or of the terms on which the rights in respect of the running powers of the said lessors over the said portion of the line of Midland Railway Company, are to enure and pass to the lessees, then in either such case it shall be lawful for the said lessors to nominate one indifferent arbitrator and for the said lessees to nominate another indifferent arbitrator who, together with a third, to be chosen by them, shall decide as to the said division or terms, and the decisions of such arbitrators shall be binding upon the said lessors and the said lessees so long as the particular arrangements of payment by the said Midland Railway Company Company for its running powers upon the said portion of the line of the said lessors, and of the said lessees for their running powers on the said portion of the line of the said Midland Railway Company, shall subsist. In witness whereof the said parties hereto have caused to be hereunto affixed their respective corporate seals on the day and year first above written. We, Thomas Hamilton, Secretary of the Northern Railway Company of Canada, and John E. Foreman, Secretary of the Northern Extension Railways Company, hereby certify that the above is a true copy of the original lease and agreement between the Northern Railway Company and the Northern Extension Railways Company, dated the tenth day of April, one thousand eight hundred and seventy-two, and executed by the respective companies; and we also certify that the said lease is the same as the draft-lease approved and ordered to be executed at the special general meetings of the Northern Railway Company and the Northern Extension Railways Company, on the fifth and fourth days of April respectively. An Act to amend "The St. Lawrence and Ottawa Railway Act." [Assented to 14th June, 1872.] WHEREAS the St. Lawrence and Ottawa Railway Company Treamble, and certain persons have, by their petitions, represented that in pursuance of the authority conferred on the Company by the St. Lawrence and Ottawa Railway Act, the Company have constructed and are now working, a portion of the extension of their line from a Short Title. a point on their said railway, to the River Ottawa, near the Chaudière Falls, and that the petitioners find that the rapidly increasing wants of the Provinces of Ontario and Quebec, in the Ottawa country, require additional facilities of transport and traffic and have prayed that an Act may be passed authorizing the extension of their railway, and for other purposes; And whereas 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. This Act may be cited for all purposes as "The St. Lawrence and Ottawa Railway Company Amendment Act, 1872." Interpretation 2. In this Act, the term "The Company," means the St. Lawrence and Ottawa Railway Company. "Main Railway." "Chaudière Extension." "Pembroke Extension." "North West The term "The Main Railway," means the railway line of the St. Lawrence and Ottawa Railway as constructed from the Town of Prescott, to Metcalfe Street in the City of Ottawa. The term "Chaudière Extension," means the extension of the railway authorized by the fourteenth section of the Act of the Parliament of Canada, known as "The St. Lawrence and Ottawa Railway Act." The term "Pembroke Extension" means the extension of the railway, hereinafter authorized, to the Town of Pembroke. The term "North Western Extension," means the extension of ern Extension.' the railway hereinafter authorized to Lake Nipissing, or French River, or to the Georgian Bay, and thence to Sault Ste. Marie, or any other point on Lake Superior. Certain powers con 3. The Company shall have full power and authority to lay out, ferred on the make, construct, work and maintain a double or single track of railway, of iron or steel, of such width as the Company may see fit, as follows: Company. As to Pembroke Extension. As to North : 1. The Pembroke Extension, from a point on the main railway of the Company, or on the Chaudière Extension, to a point at or near Portage du Fort or La Passe, in the Province of Quebec, and thence to or near the Town of Pembroke, in the County of Renfrew, with power to cross the River Ottawa at the said points, and to erect a bridge over the same. 2. The North Western Extension from the terminus of the Pembroke Extension lastly herein before mentioned, to any point on Lake Nipissing or French River, or upon the Georgian Bay, and from thence to Sault Ste. Marie or to some point on Lake Superior. 4. The Company may also construct, work and maintain, from Branch to Aylmer. any point on the Chaudière Extension, or Pembroke Extension, a line of railway to the Village of Aylmer, in the Township of Hull, in the Province of Quebec. increased. 5. The capital stock of the Company is hereby increased to Capital Stock an amount, in excess of the sum of one million five hundred thousand dollars authorized by the fourth section of The St. Lawrence and Ottawa Railway Act," not exceeding two million dollars, so that the total amount of the capital stock shall be three and one-half millions of dollars, of which the sum of seven hundred and eighty-nine thousand nine hundred and nine dollars and twenty cents by the said fourth section of the St. Lawrence and Ottawa Railway Act constituted the paid up stock of the Company, is As to prehereby constituted the preference stock of the Company; and ference stock. except in respect to such preference stock, the provisions of the said fourth section of the St. Lawrence and Ottawa Railway Act shall apply to the capital stock as hereby increased. to increase capital stock. 6. For the making and construction of the North Western Power further Extension, and of any line authorized by this Act, the Company may increase its capital stock as authorized by the nineteenth sub-section of the seventh section of "The Railway Act, 1868." securities not 7. But nothing in this Act contained shall in any way vary, Certain lessen or diminish or permit or authorize the Company to vary, to be affected. lessen or diminish the first security charge or lien of the deed of trust of eighteenth April, one thousand eight hundred and sixtyseven, for fifty thousand pounds sterling, in and upon the railway, its lands, rights, privileges, franchises and appurtenances, tolls and revenues, rolling-stock, plant and machinery and lands and premises mentioned in the sixth section of "The St. Lawrence and Ottawa Railway Act" or the second security, charge or lien of and under a certain deed of mortgage of fifteenth April, one thousand eight hundred and seventy-two, for fifty thousand pounds sterling, upon the railway, and the tolls, revenues and other properties thereof,-which said two charges or incumbrances of fifty thousand pounds sterling each are, with the priority as between themselves herein mentioned, the first securities, charges or liens, mortgages or pledges on the railway, its lands, tolls, revenues or other property, and prior to the preference stock, and without the necessity of any registration or filing of the said deed of trust or deed of mortgage aforesaid, or of the certificates or bonds issued under either of the said deeds. 8. The future annual earnings of the Company shall be Earnings of distributed in the rank and priority following: 1. In the payment of working expenses; 2. In payment of the interest at eight per cent. per annum, and of a sinking fund of one per cent. per annum, on the sum of fifty the Company how distributed. thousand thousand pounds sterling, secured by the deed of trust of the eighteenth day of April, one thousand eight hundred and sixty seven; 3. In payment of the interest at seven per cent. per annum, and of a sinking fund of one per cent. per annum, on the further sum of fifty thousand pounds sterling, secured by the mortgage from the Company to Trustees, dated the fifteenth day of April, one thousand eight hundred and seventy-two; 4. In payment of a dividend not exceeding eight per cent. per annum upon the preference stock: As the Company may from time time determine. Company may 9. It shall be lawful for the said Company to receive, either by receive grants grant from the Government of Canada, or of any Province of in aid, Canada, or from any private individuals or corporations, as aid in the construction of the said railway, any lands, or any other real or personal property, or any sums of money, either as gifts, or in payment of stock, and legally to dispose of and alienate such lands or other real or personal property for the purposes of the said Company, in carrying out the provisions of this Act. Company to required by them. 10. The Company shall sell and dispose of any lands heretofore sell lands not granted or given to or acquired by them for purposes connected with the main railway or the Chaudiere Extension, and which may not now or at any time hereafter be required for such purposes, and may execute all necessary instruments of sale and transfer thereof. Power to erect 11. The Company shall have power and authority to erect and Buildings, &c. maintain all necessary and convenient buildings, stations, depots, warehouses, elevators, wharves and fixtures, and from time to time to alter, repair or enlarge the same, as the increasing traffic may require; and to purchase and acquire stationary or locomotive engines, and carriages, waggons, floats and other machinery necessary for the accommodation and use of the passenger and freight or elevating business of the said railway; and also to make use of, To make use for the purpose of the said railway, the water of any stream or of streams. To make To connect their works. watercourse over or near which the railway passes, doing however, no unnecessary damage thereto, or anything to impair the usefulness of such stream or water-course and shall have full power and authority to erect docks, slips and piers in the River St. Lawrence at or near the terminus of their railway at the Town of Prescott, for the convenience and accommodation of vessels, and for improving the facilities for ferriage by the company across the River St. Lawrence and shall also have full power and authority to connect any of the works herein mentioned with any point on the main railway by means of any line or lines of railway for such purposes. |