Preamble. Name of com CHAPTER 56. An Act to change the name of the Sarnia Gas Company, to confirm a By-Law of the Town of Sarnia, and to extend the powers of said Company. [Assented to 4th March, 1881.] THEREAS, Charles Mackenzie, Thomas Symington, Michael Fleming, James Flintoft, Edward M. Proctor and James F. Lister, have represented that they are a body corporate and politic, incorporated by the name of the "Sarnia Gas Company," under the authority of the Act intituled "An Act respecting Joint Stock Companies, for supplying cities, towns and villages with gas and water," chapter one hundred and fifty seven of the Revised Statutes of Ontario, and of the Acts amending the same; and, whereas, the corporation of the town of Sarnia, did, on the twentieth day of December, in the year of our Lord one thousand eight hundred and eighty, pass a bylaw, intituled "A By-Law for granting authority to certain persons as a Gas Company, to lay down pipes for the conveyance of gas under the streets, squares and other public places of the town of Sarnia," and for other purposes therein mentioned; and whereas, it is amongst other things provided in and by said by-law, that the said company shall have full power, and the exclusive right and authority for thirty years from the final passing of said by-law, to lay down pipes for the purposes aforesaid, subject to the condition that the said company shall supply the said corporation with such quantity of gas as they may require for the lighting of the streets, town hall, and other public buildings of the town of Sarnia, and to the inhabitants thereof at such rate as shall be charged from time to time by the company to the shareholders thereof, being consumers; and, whereas, the persons aforesaid, have by their petition, prayed for a special Act changing the name of the said company, confirming the said by-law, and authorizing the company to extend their pipes beyond the limits of the town of Sarnia, and it is expedient to grant the prayer of the said petition; Therefore her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The name of the said company, incorporated as in pany changed. the preamble to this Act mentioned by the name of "The Sarnia Gas Company," is hereby changed to that of the "Sarnia Consumers' Gas Company," and from and after the passing of this Act, the said company shall be designated and known as the "Sarnia Consumers' Gas Company"; and the said bylaw of the corporation of the town of Sarnia, mentioned in the said preamble, is to be read as if the name of the said company mentioned mentioned therein was the "Sarnia Consumers' Gas Company"; and such name, last mentioned, is to be and is hereby substituted for the words "The Sarnia Gas Company" wherever the name of the said company occurs in the said by-law, and the said by-law shall be and is hereby amended accordingly. firmed. 2. The said by-law above cited so amended as aforesaid, By-law conshall be and the same is hereby declared to be legal, valid and binding. 3. Upon the municipal council of any municipality adjoin- Power to suping the town of Sarnia, by by-law, granting to the company joining mu ply gas in adauthority to lay down pipes for the conveyance of gas under nicipalities. the streets, squares and other public places of such adjoining municipality, it shall and may be lawful for the company to lay down such pipes under the streets, squares, and other public places of such municipality, and to connect the same with the mains and other gas pipes of the company in the town of Sarnia, and to supply gas to such municipality and the inhabitants thereof, from the works of the company in the town of Sarnia, and the company shall have, exercise and enjoy, in such adjoining municipality, all the rights, powers, privileges and protection provided in the said Act, but subject to the restrictions therein contained, and to any conditions or restrictions contained in any such by-law. time. 4. The said company shall commence the construction of Limitation of their works within one year, and shall commence to supply gas to the said the corporation of the town of Sarnia within three years after the passage of this Act. affected. 5. Nothing in this Act contained shall affect the rights of Rights of the Honourable Alexander Vidal, and certain other persons, in- others not corporated in the year one thousand eight hundred and seventyeight, as a gas company, by the name of "The Sarnia Gas Company," and said last mentioned company shall retain its name and rights, notwithstanding the passage of this Act. CHAPTER 5'7. An Act to amend the Acts incorporating the Toronto WE [Assented to 4th March, 1881.] HEREAS by the Act passed in the thirty-sixth year of Preamble. the reign of Her Majesty Queen Victoria, chaptered one hundred and fourteen, "The Toronto Gravel Road and Concrete Company" was incorporated and was empowered to make, build or construct gravel roads or concrete roads, or roads composed of any combination of gravel or other substances or materials whatsoever, A2 Company not to use steam engines on Kingston Road. whatsoever, and by the Act passed in the thirty-seventh year of the reign of Her Majesty Queen Victoria, chaptered ninety, the said company was empowered to lay out and construct a double or single tramway from the gravel beds or pits in the township of Scarborough, through the township of York, to some point within the city of Toronto, and to take and hold all lands necessary for the purposes of their road or way, and to carry and transport on and over their said roadway in cars, carriages or other vehicles, gravel, sand and other property, and passengers, and were empowered to construct a wire tramway and to operate and work the same by a stationary steam engine or engines, and it was by the said Act provided that the said road might be worked by horse or other power, but if by steam, the rate of travelling should not be greater than ten miles per hour; and whereas it was thereby also enacted that the councils of the municipalities through or in which the said tramway or roads might be laid out or constructed, might permit the said company to construct the same or some part thereof along and upon the highways and streets, upon such terms as might be agreed upon between them; and whereas the said company, prior to the construction of the said tramway, being about to construct the same under the authority of the said Act, applied to the corporation of the county of York for permission to construct a part of the same along and upon a portion of the Kingston road, a public highway vested in the said the corporation of the county of York, and the council of the said corporation gave such permission, but when such permission was given it was not contemplated by the said council of the said corporation that the said company proposed to use a steam motor, or other steam engines in working their said tramway: and whereas the said tramway has been constructed by the said company, and a portion of the same has been constructed along and upon the said Kingston road, and the same has been worked by horse power; and whereas the said company have recently commenced to use a steam motor in working their said tramway, and such use of such engines along and upon the said Kingston road is dangerous to the public and others using and travelling upon the said Kingston road; and whereas the corporation of the county of York has presented a petition praying that the said company may be prevented from using steam power on their said tramway along and upon the said Kingston Road, so far as such prohibition may be needful for the reasonable protection of the public using the said Kingston Road; 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 Legislative Assembly of the Province of Ontario, enacts as follows: 1. The said company shall hereafter have no power to use locomotives propelled by steam, or steam motors, or other steam engines, upon or along the travelled road in the county of York known known as the Kingston Road, in working so much of the tramway of the said company as is now constructed upon or along the said Kingston Road, unless and until the council of the said county of York, by by-law or resolution, permit the said company to do otherwise. 2. Nothing in this Act contained shall prejudice or affect Pending cause the rights or contention of either the said the corporation of not affected. the county of York or the said company in a certain cause now pending in the court of chancery for Ontario, wherein the said the corporation of the county of York are plaintiffs, and the said company defendants, and the matters in question in the said cause shall be disposed of and determined as if this Act had not been passed. court deem 3. In case it shall be determined in the said cause that the Provision for said the corporation of the county of York are not entitled to to company compensation an injunction or decree which would have the effect of prevent- should the ing the said company from using steam motors or engines them entitled upon the said tramway, the court or judge before whom the thereto. said cause shall be heard, shall at the hearing of the said cause, ascertain and determine whether under all the circumstances as they may be established at the said hearing, the said. company is entitled to receive or to be awarded any compensation from the said the corporation of the county of York for not being permitted to use locomotives or steam motors or other steam engines upon the said tramway under the provisions of the first section of this Act, and to fix the amount of such compensation, if any, and such evidence as may be necessary for the determination of the said question may be offered and given by and on behalf of the said parties to the said cause without any amendment of the pleadings, and in considering the said circumstances the said tramway is to be regarded as a tramway for the conveyance of passengers and parcels only, and no claim is to be made by the said company in respect of their gravel pits or lands, or for any difference in the value to them of the said gravel pits or lands heretofore used or worked in connection with the said tramway; and the court or judge shall allow credit to the said the corporation of the county of York for such sums as the said company should have paid for tolls under the agreement between the said parties in case the said tramway had been worked by horse power, and such damages, if any, as the said the corporation of the county of York may have heretofore sustained or may sustain in the future through the construction of the said tramway, if worked by steam, upon the said road, including the injury to the said road, the loss or diminution of tolls payable by the travelling public, and the diverting of travel and traffic therefrom, as well as the increased exposure and liability to actions against the said the corporation of the county of York by persons travelling upon or using the said road. If compensa corporation of whether to pay same or 4. In case it shall be determined that the said company is tion awarded, entitled to be paid compensation, as aforesaid, the said, the York to elect corporation of the county of York, shall, within fourteen days after service of the decree declaring the ascertainment of the permit use of amount thereof, elect either to pay the same or not to pay the steam engines. same, and, in the latter event, to permit the said company to use steam motors upon the said tramway; and in case the said, the corporation or the county of York, shall elect to pay the amount of such compensation, as aforesaid, the same shall be payable forthwith, and the said company shall be entitled to an order from the said court, in the said cause, for the payment of the same. If corporation elect not to 5. In case the said, the corporation of the county of York, pay compensa- shall elect not to pay the said compensation when so ascertained, tion, company but to permit the said company to use steam motors upon the empowered to said road, the said company shall thereafter be entitled to use use engines. Corporation not liable for damages occasioned in whole or in part by tramway. steam motors upon the said tramway, and the corporation of the county of York shall pay such costs of and incidental to the said suit and enquiry as the court may order or decree to be paid to the said company, and the damages (if any) sustained by the removal, in the interval, of the steam motor now in use on the said tramway, unless the corporation of the county of York shall consent to the same being used during such interval; and in case the said, the corporation of the county of York, shall elect not to pay the said compensation, but to permit the said company to use steam motors upon the said road, the said company shall, so long as the said road is a toll road, pay to the said, the corporation of the county of York, half yearly, on the first day of January and July in each year, such sum as would have been payable by the said company to the said, the corporation of the county of York, within the half year then preceding, in case the cars of the said company were drawn by horses. 6. The said, the corporation of the county of York, shall not be liable for any damages occasioned to or sustained by any person or persons on the said tramway, or on account of the contraction of the space reserved or available for ordinary travel and traffic along the said road, or on account of the ditches along the same, or on account of the said tramway being constructed or worked upon or along the said road, or for any accident or injuries to any person or persons travelling upon the said road, in whole or in part caused by the said tramway, or by any steam motor or engine, car, or other vehicle of the said company. CHAPTER |