Preamble. Time for con tended. CHAP. 76. An Act respecting the Hamilton Central Railway Company. [Assented to 20th March, 1889.] HEREAS the Hamilton Central Railway Company have, by their petition, represented that they are desirous of having the time extended for the commencement and completion of their railway 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. The time for the commencement of the said railway is struction ex- hereby extended for three years from the passing of this Act, and the railway shall be completed within four years thereafter; otherwise the powers granted by the Act of incorporation and amending Act, and this Act shall be forfeited as to any part not so completed. OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAP. 77 An Act respecting the Kingston and Pembroke Railway Railway Company. [Assented to 16th April, 18×9.] W HEREAS a certain agreement dated the ninth day of Preamble. February, one thousand eight hundred and eighty-nine, was made by the Napanee, Tamworth and Quebec Railway Company of the first part, the Kingston and Pembroke Railway Company of the second part, and the corporation of the city of Kingston of the third part; and whereas the said companies have, by their respective petitions, prayed that the said agreement on the part of the said two companies shall be made legal, valid and binding, and it is expedient to grant the prayer of the said petitions: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: schedule con 1. The agreement made by the Napanee, Tamworth Agreement in and Quebec Railway Company of the first part, the King- firmed. ston and Pembroke Railway Company of the second part, and the corporation of the city of Kingston of the third part, as set out in the schedule to this Act, is hereby declared legal, valid and binding on the Kingston and Pembroke Railway Company and the Napanee, Tamworth and Quebec Railway Company respectively; and each clause and the provisions thereof shall, as regards the said companies respectively, and all others their respective successors and assigns whomsoever therein referred to, have the same force and effect as if each clause and the provisions thereof were set out and enacted herein at length, and shall be taken, held and considered accordingly. carrying 2. The Napanee, Tamworth and Quebec Railway Company Charge for shall, at all times, carry cordwood from Tweed and points cordwood between Tweed and Harrowsmith to the city of Kingston, fixed. at a rate not to exceed nine dollars per car carrying six cords If new line is built. Obligation to be binding on assigns, &c. Connection at Yarker. of dry wood, or twelve tons of green or soft or wet wood, provided the Kingston and Pembroke Railway Company afford the facilities in the said agreement mentioned; and further the wood shall be loaded and unloaded by the consignors or consignees at their own expense, and the cars shall be loaded and unloaded with all reasonable despatch: 2. Provided however, that if the Napanee, Tamworth and Quebec Railway Company provide a new line of its own into the city of Kingston in lieu of the connection between Yarker and Harrowsmith, and user of the Kingston and Pembroke Railway Company's line as in the agreement in the schedule to this Act annexed mentioned, the said Napanee, Tamworth and Quebec Railway Company shall carry out the provisions of this section for the carriage of cordwood by such new line : 3. This section shall be binding on the successors, lessees and assigns of the last mentioned company, and any company with which it amalgamates or which owns, controls or operates the lines and works of the said railway companies. 3. The Napanee, Tamworth and Quebec Railway Company may, with the consent of the corporation of the city of Kingston, expressed by by-law, make the connection at Yarker in the said agreement mentioned on lots forty-one and forty-two in the first concession of the township of Camden, instead of within the limits of the second concession of the said township, and may with the like consent, make the said connection with the use of a Y, on the said lots numbered forty-one and forty-two, instead of in the manner mentioned in the said agreement. SCHEDULE. This deed, made (in triplicate) this ninth day of February, in the year of Our Lord, one thousand eight hundred and eighty-nine, by and between the Napanee, Tamworth and Quebec Railway Company, hereinafter called "The Napanee Company," of the first part; the Kingston and Pembroke Railway Company hereinafter called " The Kingston Company," of the second part; and the corporation of the city of Kingston, hereinafter called "The city," of the third part; Whereas the city has granted to the Napanee Company a bonus of $75,000 to aid and assist the said Company, by a by-law entitled "A by-law to aid and assist the Napanee, Tamworth and Quebec Railway Company by granting a bonus thereto of seventy five thousand dollars for the purpose and upon the conditions therein mentioned and contained," finally passed on the 17th day of December, 1888. and this deed is entered into by the parties thereto in connection with the granting of said bonus; Now this deed witnesseth, that the parties hereto have and they hereby do, for the considerations hereinafter shown and expressed, covenant, promise and agree, each with the other in the manner following, that is to say: 1. The Napanee Company agree with the others that within twenty-four months from the thirty-first day of December, one thousand eight hundred and eighty-eight, they will extend their railway from Tamworth to the village of Tweed, to a junction at that place with the Ontario and Quebec Railway, now worked by the Canadian Pacific Railway Company and complete the same ready for use.. 2. That they will also complete and put in working order an extension from a point on their line at or near Yarker within the second concession of the township of Camden to a point at or near Harrowsmith, on the line of the Kingston Company, not further north than the gravel pit on lots. numbers seven and eight in the fifth concession of the township of Portland and that the connections at Yarker and Harrowsmith aforesaid shall be so made that a train can pass direct through from Tamworth to Kingston and vice versa without the use of a Y or turntable, or reversing either engine or cars. 8. The Kingston Company, in consideration of the above and of the further considerations hereinafter mentioned, hereby grant to the Napanee Company for all time to come, independent running powers for the Napanee Company's trains, engines and cars between such junction at or near Harrowsmith and the said city of Kingston and including the use at such junction and in the city of Kingston and points between of the stations, sidings, terminal and other facilities, present and future, for receiving and delivering, or either, of passengers, goods and property, and equal running privileges, except that the trains of the Kingston Company shall have precedence over the Napanee Company's trains of the same classes. The above shall include and it is intended to include the use of freight houses and all other the appliances of the Kingston Company used by them, which are or may be necessary for the convenient or proper exercise of the powers above granted; and further the Kingston Company agree they will at cost, plus ten per cent., provide the Napanee Company with stores, fuel and water, when required, when on the said section of the line of the Kings-ton Company as aforesaid, also that they the Kingston Company will make any necessary repairs to cars and engines, at cost price, with ten per cent. thereon added to. cover contingencies, if required. 4. The Kingston Company also agree with the Napanee Company that if required to do so, they will sell at their stations at Harrowsmith and Kingston and at all intermediate points and stations the tickets from said respective points on the Kingston Company's line to points on the line of the Napanee Company, and beyond if so arranged for by the said companies and so desired by said Napanee Company; and the Napanee Company will, at their said stations sell tickets from any points on the line of the Napanee Company to said city of Kingston, and also to any intermediate points between Kingston and Harrowsmith, both of said places included. 5. That if at any one or more of the said points on the line of the Kingston Company, the Napanee Company desire, they may put in their own ticket clerks and freight clerks, or either, to sell tickets or book freight or both from said point or any of them to points on the Napanee Company's line or beyond, and that in such case the Kingston Company will afford office room and all freight accommodation in the offices and freight sheds and such like used by them, and reasonable facilities for doing the business. 6. That at Kingston and Harrowsmith and at all stations between, the Kingston Company will receive and receipt. for freight and receive and deliver freight, carried or to be carried over or which shall arrive by the cars and trains of the Napanee Company consigned from or to such points respectively or beyond, and in all respects with the same care and despatch in the receipt of freight and in the delivery of freight and in the sale of tickets and in collecting (if required) the freight and charges on goods delivered by them for the Napanee Company which is necessary and usual on any well managed railway. 7. The Kingston Company shall, in each week, on such day from time to time as shall be agreed upon, account for and pay over to the Napanee Company all moneys received by them, the Kingston Company, under the terms of this agreement for the Napanee Company, and the Kingston Company shall be responsible to the Napanee Company for the faithful collection and prompt accounting for and paying over of all moneys collected by them and their agents for the Napanee Company; and in like manner, the Napanee Company shall, in each week, on said day or days as agreed upon from time to time, pay over to the Kingston Company all moneys received by them, the Napanee Company, under the terms of this agreement for the Kingston Company; and the Napanee Company shall be responsible to the Kingston Company for the faithful collection and prompt accounting for and paying over of all moneys collected by them, and their agents for the Kingston Com pany. 8. And the said the Kingston Company and the Napanee Company further agree that the trains of the Napanee Company, while on the Kingston Company's line, shall be worked under the rules and regulations of the Kingston Company and shall be under their control. |