from without an express Report of the said Board in favor of such alteration or deviation, XIX. And be it enacted, That any Company, having received such approval as aforesaid, shall be empowered, if the length of their Rail-way exceeds one hundred miles, to divide the same into sections of not less than fifty miles each, and being, as nearly as the total length of the Rail-way and other circumstances will admit, of seventy-five miles each, and each of such sections may, after such division shall have been approved by the Governor, be considered for all the purposes of the said Act and of this Act, as a distinct Rail-way, and when the requirements of the said Act and of this Act are complied with, as regards any such section, the Guarantee of the Province may be given for the sum required to complete such section, which sum shall not be applied to any other purpose; and the Company shall keep and render separate accounts of receipt and expenditure for each such section, and if any receipt or expenditure be common to two or more sections, the same shall be fairly apportioned among them in such accounts, to the satisfaction of the said Board. Rail-ways over 100 miles long may be to each of which the guarantee may be divided into sections extended, Further conditions of XX. And be it enacted, That the said Guarantee shall not be given with regard to any Rail-way or Section until the said Board shall have reported to the Governor in such guarantee. Council, that the land for the whole Rail-way or Section has been acquired and paid for, that a part of the work thereon has been completed to their satisfaction, and that the fair cost of the part so completed, including the fair cost of the land and of all materials then procured by and the property of the Company, (and not merely the sum the Company may have actually expended upon the same,) would not be less than the cost of the part remaining to be done, according to an estimate made upon tenders received and approved by the Company and by the said Board as fair and reasonable, in which case the Guarantee of the Province may be granted for the sum necessary to complete such remaining part of the work according to such estimate; and generally, it shall be the duty of the said Board to obtain and report to the Governor all such information, and to do all such things as may be necessary to ensure the faithful execution of the said. Act and of this Act, and any duty assigned to the Commissioners of Public Works by the said Act shall hereafter be performed by the said Board. XXI. And be it enacted, That no contract shall be entered into by any Company, for the performance of work or the furnishing of materials for that part of their Rail-way for the making whereof the said Guarantee is to be granted, except with the approval of the said Board; that the said Board may suggest and the Governor in Council may impose upon the Company such further conditions as they may think requisite for guarding the Province against loss; and that the Guarantee may be granted to the Company from time to time, and as may be necessary, to enable them to meet their engagements under such contracts as aforesaid, when the work has been performed to the satisfaction of the said Board. XXII. And be it enacted, That the said Guarantee may, as regards those Companies whose Rail-ways will form part of the said Main Trunk Line, and upon such conditions as the Governor in Council shall think fit, be extended to the payment of the principal of the sum guaranteed, as well as to the payment of the interest thereon, provided the Bonds guaranteed are made payable at periods previously approved by the Governor in Council, or in his discretion Provincial Debentures for the amount to be guaranteed, or any part thereof, may be delivered to the Company in exchange for their Bonds, for like sums, and the principal and interest whereof shall be made payable at like periods, or at such others as may be agreed upon; and for the principal and interest of such Bonds, the Province shall have the same priority of hypothec, mortgage and lien upon the Rail-way, tolls and property of the Company, as by the said Act is given for sums paid or guaranteed by the Province, and subject to the same provisions, and the said guarantee may Certain contract to be subjet to approval of the Governor in Council. Guarantee may, on L Proviso: Proviso. Inconsistent enactments repealed. Word "Rail-way" interpreted. Accounting clause. Preamble, may be given either at once for the whole sum to be raised by the Company, or from time to time, and by portions as the same shall be required for carrying on the works, according to the terms and conditions which shall have been made in that behalf; Provided always, that it shall be lawful for the Governor in Couucil, if he shall deem it expedient and consistent with the interests of the Province, and the due maintenance of the Public credit, to grant the same advantages, or any of them, to the Ontario, Simcoe and Huron Rail-road Union Company," as he may under this section grant to Companies whose Rail-ways form part of the said Main Trunk Line of Rail-way; And provided also, that one of the conditions on which the benefit of this section shall be granted to any Company, shall be, that no By-law of such Company imposing Tolls, or affecting others than the Company, shall have force or effect until approved by the Governor in Council, and that no such By-law shall remain in force for more than three years from the passing thereof, so that such By-laws may be subject to periodical revisions by the said Governor in Council, and that the Company shall consent to such amendments (if any) of the Act incorporating it, as may be requisite to give full effect to this Proviso. XXIII. And be it enacted, That so much of the Act first above cited, or of any other Act or Law as may be inconsistent with the provisions of this Act, shall be and is hereby repealed. XXIV. And be it enacted, That the word "Rail-way " in this Act, shall include all Viaducts, Bridges, Station-Houses, Depots, and other works, Machinery, Engines, Vessels, Carriages and things of every kind, which may be necessary or convenient to the making or using of any Rail-way. XXV. And be it enacted, That the due application of all moneys expended under the authority of this Act, shall be accounted for to Her Majesty, Her Heirs or Successors, through the Lords Commissioners of Her Majesty's Treasury for the time being, in such manner and form as Her Majesty, Her Heirs and Successors shall direct; and that an account of all moneys so expended shall be laid before the Provincial Parliament within fifteen days after the opening of the Session thereof next after such expenditure. CAP. LXXIV. An Act to extend the provisions of an Act passed in the present Session, intituled, An Act to make provision for the construction of a Main Trunk Line of Rail-way throughout the length of this Province. WH [30th August, 1851. ] HEREAS the Great Western Rail-road Company are authorized by their Acts of Incorporation to make a Main Line of Rail-way throughout the whole distance between the Niagara River and the Detroit River, by the way of Burlington Bay; And whereas it is desirable that the provisions of the Act hereinafter mentioned should extend to the whole of the said Main Line of Rail-way, although not to any of its Branches, and that no doubt should exist as to the intention of the Legislature to that effect: Be it therefore declared and enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority What shall be under- of the same, That the expression, "The Great Western Rail-road," in the Act of the stood by the Great Western Rail-road" in cap. 73 of this session. present Session, intituled, An Act to make provision for the construction of a Main Trunk Line of Rail-way throughout the length of the Province, shall mean and include the whole of the said Main Line of Rail-way which the said Great Western Rail-road Company are authorized to make from the Niagara River, by the way of Burlington Burlington Bay, to the Detroit River, any thing contained in the proviso to the sixteenth section of the said Act, or in any other part thereof, to the contrary notwithstanding, but shall not include any Branches which the said Company are or may be authorized to make, nor shall the guarantee in the said Act mentioned be extended to any such Branch. CAP. LXXV. An Act for raising, by way of Loan, a sum not exceeding Four Millions of Pounds Currency, for making a Main Trunk Line of Rail-way throughout the length of this Province. [ 30th August, 1851. ] HEREAS by a despatch from the Right Honorable Earl Grey, Her Majesty's Preamble, Secretary of State for the Colonies, to the Right Honorable the Earl of Elgin and Kincardine, Governor General of British North America, and Governor of this Province of Canada, bearing date the fourteenth day of March, one thousand eight hundred and fifty-one, and the documents laid with the said despatch before both Houses of the Parliament of this Province by Message from His Excellency the Governor General, it appears that Her Majesty's Government in the United Kingdom is disposed, on certain conditions, to recommend to Parliament that the credit of the said United Kingdom should be employed to enable the Provinces of Canada, New Brunswick and Nova Scotia to raise upon advantageous terms the Funds necessary for the construction of a Line of Rail-way from Halifax in Nova Scotia to Quebec or Montreal in this Province; And whereas the Parliament of this Province hath during the present Session passed an Act for the construction of that portion of the said Rail-way from Halifax to Quebec, which ought to be made by this Province, provided the necessary Funds shall be raised under the authority and guarantee of the Parliament of the said United Kingdom, or advanced as a Loan to this Province under the said authority, and for continuing the said Rail-way, by and at the expense of this Province, from Quebec to the City of Hamilton, or some convenient point on the Great Western Rail-road, or so far as the said Rail-way can be made with Funds to be so raised or advanced as aforesaid, and it is the earnest wish and hope of the people of this Province that the great advantages which must accrue not only to Canada but to the other Provinces of British North America, and to the Empire at large, and more especially to all Her Majesty's subjects who may be desirous of becoming settlers in this Province, or either of the Provinces aforesaid, will induce Her Majesty's Government to recommend to Parliament that the sum required to make the whole length of the said Rail-way, may be raised with the benefit of the credit of the United Kingdom: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the sum necessary for defraying the expenses of making such part of the Rail-way from some point opposite the City of Quebec to the City of Halifax in Nova Scotia, as may, under the provisions of the Act passed in the present Session, and intituled, An Act to make provision for the construction of a Main Trunk Line of Rail-way throughout the length of this Province, and the arrangements made under the same, be to be made at the expense of this Province or any other expenses which under any such arrangement shall be to be borne by this Province, and such further sum as may be necessary to or to continue the defray the expense of making, under the provisions of the said Act, the whole or any Main Trunk Railpart of the Rail-way therein mentioned from a point opposite the City of Quebec to the City of Hamilton, or some other convenient point on the line of the Great Western Rail-road, may be raised and borrowed under the provisions of any Act to be passed May be raised with by Sum required to make the Quebec and Ha lifax Rail-way; way. the guarantee, &c. of the United Kingdom. Proviso: Total amount limited. Such sums charged on venue Fund. Sinking Fund, by the Parliament of the United Kingdom authorizing the advance of such sums to this Province, from the Treasury of the United Kingdom, or the granting of any guarantee under the authority of such Act for the re-payment of the sums so borrowed, or the due payment of the dividends and interest thereon, or providing in any other way for the employment of the credit of the said United Kingdom so as to ensure the raising of the said sum on advantageous terms; and being so raised, shall be applied to the purposes for which they are hereby authorized to be raised, and to no other: Provided always, that the sums to be raised under the authority of this Act shall not in the whole exceed the sum of Four Millions of Pounds Currency. II. And be it enacted, That the said sums may be raised and borrowed under and the Consolidated Re- subject to the provisions of any such Act as aforesaid of the Parliament of the United Kingdom, by any person or persons appointed in that behalf by Her Majesty, Her Heirs or Successors, or by the Governor of this Province, by loan, debentures or otherwise, and the principal sum so raised, the dividends and interest thereupon, and a Sinking Fund for the payment of the said principal sums not exceeding two per centum per annum on the said principal sums, shall be and are hereby charged on the Consolidated Revenue Fund of this Province, (of which the profits coming to this Province from any part of the said Rail-way, made with funds raised under this Act, Order of charge on the shall form part,) and shall be the first charge thereon after any previously existing debts of the Province, and the sums payable under any Act or Acts then in force granting a Civil List to Her Majesty, Her Heirs and Successors. C. R. Fund. Sums raised to be received by Receiver General, &c. Fund shall consist. III. And be it enacted, That the principal sums so to be raised and borrowed shall be received from time to time as the same shall be raised, by the Receiver General, who shall, upon the Warrants of the Governor of this Province, pay out of the same such sums as may from time to time be required for defraying the expenses made payable out of the same by this Act and the said Act of this Session, and shall also, upon Warrants of the Governor, pay the dividends and interest upon the sums so raised and borrowed as the same shall become due, together with the sums accruing to the Of what the Sinking said Sinking Fund; and the said Sinking Fund shall consist of such sum per centum per annum on the principal sums so to be raised and borrowed, and shall be paid and managed in such manner for the redemption and payment of the said principal sums, as shall be agreed upon and negotiated when the said principal sums shall be raised and borrowed, or if there be no such agreement in that behalf, then in such manner as the Governor of this Province, by and with the advice and consent of the Executive Council thereof, shall from time to time direct and appoint; and it is hereby declared agreements to be made that the Parliament of this Province will confirm and carry out, by such legislative enactments (if any) as may be necessary to give full effect to the same, any arrangement or agreement, not inconsistent with the spirit of this Act and of the Act of this Session herein before referred to, which may be made or authorized by the Governor in Council, with regard to the raising and borrowing the sums aforesaid, under the provisions of any Act to be passed by the Parliament of the United Kingdom in that behalf, and for the purpose of complying with the requirements of such Act. Declaration as to under this Act by the Governor in Council. Certain accounts to be kept in detail. Accounting clause. IV. And be it enacted, That the Receiver General shall, before each Session of the Provincial Parliament, transmit to the Governor, for the purpose of being laid before the two Houses of the Legislature, a correct and detailed statement and account of the sums raised under the authority of this Act, and of the debentures and other securities which shall have been issued, and of the dividends and interest paid thereon, and of the Sinking Fund, and of the redemption of the whole or any part of the principal sum by means of the said Sinking Fund, or otherwise, and of the expenses attending the negotiation, management, payment and redemption of the said loan. V. And be it enacted, That the due application of the moneys to be raised under the authority of this Act, and of all sums to be expended under the said authority, shall be accounted for to Her Majesty, Her Heirs and Successors through the Lords Commissioners of Her Majesty's Treasury for the time being, in such manner and form as Her Majesty, Her Heirs and Successors shall direct; and an account in detail of all sums sums expended under the authority of this Act shall be laid before both Houses of the Provincial Parliament, within fifteen days after the opening of the Session thereof next after such expenditure. CAP. LXXVI. An Act to continue an Act passed in the eighth year of the Reign of Her Majesty, W HEREAS it is expedient to continue for a limited time the Act hereinafter mentioned, and to extend the same to places where works undertaken by Incorporated Companies may be in progress of construction: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That it shall be lawful for the Governor in Council from time to time, and as occasion shall require, to declare by Proclamation the several places in this Province within the limits whereof any Rail-way, Canal, or other Work undertaken or carried on by any Incorporated Company, under the authority of any Act of the Legislature of this Province, shall be in progress of construction, or such places as shall be in the vicinity of any such Rail-way, Canal or Work, within which it shall be found necessary that the Act passed in the eighth year of Her Majesty's Reign, and intituled, An Act for the better preservation of the Pease, and the prevention of Riots and Violent Outrages at and near Public Works, while in progress of construction, shall come into force and effect; and that the said Act shall, upon, from and after the day to be named for that purpose in any such Proclamation, take effect and come into force and operation within the places designated in and by such Proclamation; and it shall also be lawful for the Governor in Council, in like manner, from time to time to declare the said Act to be no longer in force in any of such places as aforesaid; but this shall not prevent the Governor in Council from again declaring the same to be in force in any such place or places; and upon and after the day to be fixed for that purpose in any such Proclamation, and until it shall be otherwise declared in the manner aforesaid, all the provisions and enactments of the said Act shall be in full force in, and shall apply to, the place or places designated for that purpose in such Proclamation. tended. How the expenses of keeping the Peace on such works shall be paid. II. And be it enacted, That the said Act, as hereby extended, shall be, and is hereby The said Act conticontinued, and shall remain in force until the first day of January, in the year one thousand eight hundred and fifty-five, and thence, until the end of the then next Session of the Parliament of this Province, and no longer. III. And be it enacted, That the expenses attending the employment of any Police Force under the said Act as hereby extended, for the preservation of the peace and the prevention of riots and violent outrages in any place or places in or in the vicinity whereof any Rail-way, Canal or Work, undertaken and carried on by any such Incorporated Company as aforesaid, shall be in progress of construction, shall be, in the first instance, paid by the Governor, out of any unappropriated moneys forming part of the Consolidated Revenue Fund of this Province, and shall, on demand, be repaid to the Receiver General by such Incorporated Company, or, if not so repaid, may be recovered from such Company as a debt due to the Crown; and the same, when so repaid or recovered, shall form part of the said Consolidated Revenue Fund. CAP. |