time at which the Buffalo and Lake Huron Railway Company shall be put in possession of the Railway and lands under the terms of the said agreement of the eleventh day of February, one thousand eight hundred and fifty-six; and the said Buffalo and Lake Huron Railway Company shall and may complete that portion of the said Railway which has not been completed by the said Buffalo, Brantford and Goderich Railway Company, notwithstanding the failure of the Buffalo, Brantford and Goderich Railway Company to comply with the requirements of the fifteenth Section of the Act passed in the sixteenth year of Her Majesty's Reign, and intituled, An Act to authorize the Brantford and Buffalo 16 V. c. 45. Joint Stock Railway Company to construct a Railway from Fort Erie to Goderich; and the said Buffalo and Lake Huron Railway Company shall have, exercise and enjoy all the rights, liberties, and privileges that the said Buffalo, Brantford and Goderich Railway Company might have enjoyed with respect to the constructing, completing or working of the said Railway, and every thing necessary or incident to the construction, completion, or working of the said Railway, had the requirements of the said last mentioned Act been complied with; any thing in the said last mentioned Act to the contrary thereof notwithstanding. and hold cer XXVIII. It shall and may be lawful for the said Buffalo and Company may Lake Huron Railway Company, to acquire and hold for the take, acquire purposes of the said Railway, one hundred acres of land at tain real Goderich, one hundred at or near Fort Erie, forty acres at or estate. near the junction with the Great Western Railway at Paris, forty acres at Stratford, and forty acres at any place or places where the said Railway shall at any time hereafter connect with or cross any other Railway now or hereafter to be made; and it shall and may be lawful for the said Buffalo and Lake Huron Railway Company, their agents, servants, and workmen, to enter into and upon any lands of Her Majesty, or of any person or persons, body politic, or corporate whatsoever, and to take and hold the same for the purpose of procuring and taking gravel, ballast and other material required for the construction, maintaining or repairing the said Railway and works thereto belonging, whether such lands be delineated or set out on the plans or in the book of reference filed in pursuance of the provisions of the Railway Clauses Consolidation Act or not; Provided always, that the said Buffalo and Lake Huron Rail- Proviso. way Company shall make compensation to the owner or owners of any such lands so taken, in the manner pointed out in the provisions of the Railway Clauses Consolidation Act relating to lands and their valuation. of sums cur XXIX. For the purpose of estimating the capital of the said Relative value Company or the dividends to be paid by the said Company; rency and the sum of twenty-five pounds currency shall be deemed and sterling. taken to be equal to twenty pounds ten shillings sterling, and 4 * twenty Company may hold Stock in a certain foreign Rail road. Municipalities twenty pounds ten shillings sterling to be equal to twenty-five pounds currency, and any loss or profit that shall or may arise by means of such equalization of value shall and may be borne and taken by the said Company. XXX. It shall and may be lawful for the said Buffalo and Lake Huron Railway Company to subscribe for, purchase and hold shares in the stock of any Railroad from Black Rock Ferry, in the State of New York, to the City of Buffalo in the same State. XXXI. Any Municipality becoming the holder of shares in the said Buffalo and Lake Huron Railway Company, either by subscription or purchase of shares, shall have and exercise officio Direct- through the Reeve or Mayor, or other chief officer of such not to have the right of naining ex ors. Paid Directors may be appointed. Certain clau- Municipality, the same rights and privileges as other shareholders, and no other rights, and shall not be entitled to nominate or put on the Board of Directors any ex officio Director. XXXII. It shall and may be lawful for the Directors of the said Company to nominate and appoint a managing Director or Superintendent of the affairs of the said Company, with such powers and at such salary as shall be fixed or determined in or by any By-law, or resolution of the Directors of the said Company. XXXIII. The several clauses of the Railway Clauses Consolidation Act with respect to "Interpretation," "Powers," "Plans and Surveys," " Lands and their valuation," solidation Act" Highways and Bridges," " "Fences," " ""Tolls,"" General incorporated Meetings," " Directors, their election and duties," "Shares and with this Act. their Transfer," "Municipalities," " Shareholders," "Actions for indemnity and fines and penalties and their prosecution," "Working of the Railway," and "General provisions," shall be incorporated with this Act, and shall apply to the said Buffalo and Lake Huron Railway Company, and to the said Railway, except only in so far as it may be otherwise expressly provided by this Act, or as they may be inconsistent with or qualified by the express enactments of this Act; and the expression "this Act," when used herein, shall be understood to include and shall include the said provisions of the Railway Clauses Consolidation Act incorporated with this Act as Proviso: as to aforesaid; Provided always, that any act, matter or thing, things done by done or prosecuted or commenced by the said Buffalo, the former Company. Brantford and Goderich Railway Company, or by any person or persons for their benefit or in pursuance of their duty under any of the foregoing provisions of the Railway Clauses Consolidation Act, shall accrue to the benefit of the said Buffalo and Lake Huron Railway Company to the same extent and effect as if done, prosecuted or commenced by themselves or under their authority. tuted. XXXIV. The following persons shall be and constitute a Provisional provisional Board of Directors for the said Company, Charles Board of DiHill, Henry Robarts, Charles Makins, James Mackirdy, Thomas rectors constiWilde Powell, Robert Hilaro Barlow, George Brown, Fayette Rumsey, who shall hold office until the first meeting in September next after the passing of this Act and until a Board of Directors shall be elected under the provisions of this Act, and shall exercise, have and enjoy all the powers and privileges, and perform and discharge all the duties and be subject to all the liabilities of a Board of Directors elected under the provisions of this Act. XXXV. It shall not be lawful for the said Company to make Dividends. or declare any dividend payable upon the paid up capital of when to be the said Company, except at the ordinary half-yearly meetings of the shareholders of the said Company. declared. extensions of ized. XXXVI. It shall and may be lawful for the said Company, Certain deviaat any time before or after the expiration of the said two years tious from and within which they are to complete the line to Goderich as the original aforesaid, to make, construct and bring the said Railway to any line authorpoint on the River Maitland, or to the waters of Lake Huron, at or near the Town of Goderich, with power to construct a Branch of the said Railway to some point at or near the Town of Bayfield, and for this purpose to make any continuation or deviation that may be necessary or in their judgment expedient, of or from the line of the said Railway as at present located, and to take such lands as the Company may deem necessary for such purpose. ed to sell lands. XXXVII. It shall and may be lawful for the said Company to Canada Compurchase, and for the Canada Company to sell to the said Com- pany authoriz pany if they consent so to do, the harbour of Goderich, commonly Goderich Harcalled Goderich Harbour, and so much of the Islands in the bour and River Maitland, and the shore adjoining the same River, as may from time to time be mutually agreed upon between the said Company and the Canada Company, and all or any part of the harbours, works, piers, jetties, buildings, lands, hereditaments, rights, easements and appurtenances to the said premises or any of them belonging or appertaining, in such manner and upon such terms and conditions and for such consideration in money, shares, bonds or otherwise, as may be mutually agreed upon, and from and after any such sale and purchase, all the right to Company may take and levy tolls, rents, dues and all other rights, privileges, improve the emoluments and advantages, which immediately before such land. sale and purchase were vested in or could be lawfully exercised or enjoyed by the Canada Company, shall thereupon be vested in and may thenceforth be lawfully exercised and enjoyed by the Company hereby incorporated; and after such purchase it shall be lawful for the said Company to straighten and improve the River Maitland, and deepen, cleanse and improve and alter the navigation thereof, and to deepen, cleanse, improve and enlarge River Mait Guage of Railway. Form and and convey enlarge Goderich Harbour, and construct any basin or basins, dock or docks, piers, wharfs, sheds, warehouses, depots, stores, and other works thereon or adjacent thereto, which they may think proper, and also to take and appropriate the mud and shore of the River Maitland and the bed and soil thereof, and to do all such other acts as they may deem necessary or proper for improving Goderich Harbour and the navigation of the River and the bed and shores thereof, and the land adjacent thereto. XXXVIII. The guage of the said Railway shall be five feet six inches, neither more nor less. XXXIX. All deeds and conveyances for lands to be conveyed nature of deeds to the said Company for the purposes of this Act, shall and may, so far as the title to the lands therein mentioned or the circumstances of the party making such conveyance will admit, be made in the form given in the Schedule to this Act, marked A. ances for lands. As to consent Western Rail road. XL. The consent required to be obtained by the Great for Great Western Railway Company to cross the said Buffalo, Brantford way Company and Goderich Railway, by the Act passed in the eighteenth to cross line of year of Her Majesty's Reign, intituled, An Act to enable the Great Western Railway Company to construct a branch Railway to the Town of Brantford, and for other purposes therein mentioned, shall be obtained from the said Buffalo and Lake Huron Railway Company, unless such consent shall be obtained before the passing of this Act. 18 V. c. 176. XLI. Nothing in this Act contained nor in the said agreement therein mentioned, shall confer or be construed and interpreted to confer on any creditor or any holder of any bond or bonds or other security of the said Buffalo, Brantford and Goderich Railway Company, any right or preference or other ground of action or title, than such creditor or holder would have had, had not this Act been passed, nor shall any thing in this Act or the said agreement contained deprive any owner or occupant of lands of his claim for right of way or damages acquired by him against the said Buffalo, Brantford and Goderich Railway Company, but such claims shall also subsist and continue to subsist against the Buffalo and Lake Huron Railway Company. XLII. The cost, charges and expenses of and incident to the passing of this Act, and also the costs, charges and expenses of or incurred by the Provisional Committee or Directors preliminary to the passing of this Act, shall be paid by the said Buffalo and Lake Huron Railway Company. XLIII. This Act shall be deemed a Public Act. SCHEDULE SCHEDULE A. FORM OF CONVEYANCE. Know all men by these Presents that I of , (insert the name of the wife also if she is to release her Dower, or for any other reason to join in the conveyance,) do hereby, in consideration of paid to me, (or as the case may be,) by the Buffalo and Lake Huron Railway Company, the receipt whereof is hereby acknowledged, grant, bargain, sell, convey and confirm unto the said Buffalo and Lake Huron Railway Company, their successors and assigns for ever, (or state the duration of the grant according to the fact,) all that certain tract or certain parcel of land situate (here describe the land), the same having been selected and laid out by the said Company, (or the Buffalo, Brantford and Goderich Railway Company, as the case may be) for the purposes of their Railway; to have and to hold the said land and premises with all and every the appurtenances thereto belonging to the said Buffalo and Lake Huron Railway Company, their successors and assigns for ever (if there be dower to be released, add) and I (name of wife) hereby release my dower on the premises. As witness my hand and seal, this day of the year of our Lord, one thousand eight hundred and fifty Signed, sealed and delivered in in the presence of INDENTURE of Agreement referred to in the eighteenth Section of this Act, between the Buffalo, Brantford and Goderich Railway Company, and Robert Hilaro Barlow, on behalf of the Buffalo and Lake Huron Railway Company. THIS INDENTURE made the eleventh day of February, in the year of Our Lord one thousand eight hundred and fifty-six, between the Buffalo, Brantford and Goderich Railway Company, of the first part, and Robert Hilaro Barlow, late of England, now of the Town of Brantford, in the County of Brant, and Province of Canada, Esquire, for and on behalf of certain persons intending to become incorporated by the name and style of the Buffalo and Lake Huron Railway Company as hereinafter mentioned, of the second part : WHEREAS the said party of the second part on behalf of the said intended Company has proposed to the said parties of the first part to take, purchase or acquire from them upon the terms and in manner hereinafter mentioned, the whole of the line of Railway from Fort Erie to Goderich opened and in progress, or to |