290
COUNTY OF ELGIN
By-Law No. 290
OF THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY
OF ELGIN TO AID AND ASSIST THE BRANT FORD NORFOLK AND PORT
BURWELL RAILWAY COMPANY TO CONSTRUCT THAT PORTION OF THEIR
LINE OF RAILWAY LYING BETWEEN THE PRESENT TERMINUS AND THE
TOWN OF TILSONBURG AND THE HARBOUR OF PORT BURWELL BY GIV-
ING TO THE SAID RAILWAY COMPANY THE SUM OF SIXTEEN THOU§AND
DOLLARS BY WAY OF BONUS TO ISSUE DEBENTURES THEREFORE TO
PROVIDE FOR PLACING THE SAID DEBENTURES IN THE HANDS OF
TRUSTEES AND ~O AUTHORIZE THE LEVYING OF AN ANNUAL SPECIAL
RATE UPON THE GROUPING MUNICIPALITIES AND PARTS OF MUNICIP-
ALITIES THEREIN SET FORTH FOR THE REPAYMENT OF THE SAID BONUS
AND INTEREST".
WHEREAS by an act of the Legislature of the Province
of Ontario passed in the thirty-second year of the reign of
Her Majesty Queen Victoria and chaptered fifty-eight entitled'
"An Act to Incorporate the Norfolk Railway Company " power is
granted to construct and operate a line of Railway between the
Town of Brantford and certain points on Lake Erie.
AND WHEREAS by an act passed in the thirty-fifty year
of the reign of Her Majesty Queen Victoria and chaptered fifty
two enti tIed "An Act to Revise and Amend the Act Incorporating
the Norfolk }(ailway Company". It is enacted as follows -
The act passed by the Legislature of Ontario in the
thirty-second year of the reign of Her Majesty Queen Victoria
and chaptered fifty-eight enti tIed. "An Act to Incorporate the
Norfolk Railway Company is hereby revised and declared to be
in full force and effect and the time therein limited for the
commencement and completion of the Railway thereby authorized
to be constructed from Brantford to Lake Erie is hereby respect-
ively extended for the period of two years and five years from
the passing of this Act".
AND WHEREAS by an act passed in the thirty-sixth year
of the reign of Her Majesty Queen Victoria entitled' "An Act
(Cont'd)
2
Page
290
By-Law No
Further to Amend the Act Incorporating the Norfolk Railway
Company" it is enacted as follows -
It shall be lawful for the Norfolk Railway Company
and it is hereby authorized and empowered for and notwith-
standing anything in the Act incorporating the said Company
being an Act passed in the thirty-second year of the reign of
Her Majesty Queen Victoria and chaptered fifty-eight or any Act
amending the same to the contrary to construct or operate a
Branch or line of Railway from or near Brantford in the County
of Brant to or near Port Burwell in the County of Elgin and td
extend the same northward from Brantford to the line of the
Credit Valley Railway or to the line of any other Railway north-
easterly from Brantford and all the powers and franchises con-
tained in the said Act and in the Act passed in the thirty-fifth
year of the reign of Her Said Majesty and chaptered fifty-two,
shall or may be exercised in respect of the said line of Rail-
way by this Act, authorized to be constructed and operated.
AND WHEREAS by the said revised and amended Act in-
stituted "An Act to Incorporate the Norfolk Railway Company"
it is further enacted as follows
"And it shall further be lawful for any Municipality
or Municipalities through any part of which or near which the
Railway or works of the said Company shall pass, or be situat-
ed or which may be benefited thereby to aid and assist the
said Company by loaning or guaranteeing or giving money by
way of bonus or other means to the Comp.any or issuing Municip-
al Bonds to or in aid of the Company and otherwise in such
manner and to such extent as such Municipalities or any of
them shall think expedient provided always that no such aid,
loan, bonus or guarantee shall be given except after the pass-
ing of By-laws for the purpose and the adoption of such By-
laws by the ratepayers as provided in the Railway Act. Pro-
vided also that any such By-law to be valid shall be made in
conformity with the laws of the Province respecting Munici-
pal Institutions".
AND WHEREAS by an act of the Legislature of the
Province of Ontario passed in the thirty-seventh year of th
reign of her Majesty Queen Victoria and entit1ed, "An Act
to Amend the Several Acts relating to the Norfolk Railway
Company" à.nd to change the corporate name thereof to the Brant-
ford Norfolk and Port Burwell Railway Company.
e
AND WHEREAS the said Railway will pass through the
Township of Bayham and near to or through a portion of the
Village of Vienna and near to a portion of the Township of
Malahide which will be benefited thereby which said Town-
ship of Bayham, Village of Vienna and Township of Malahide
form a portion of the County of Elgin.
)
(Cont'd
Page 3
290
By-Law No
AND WHEREAS that portion of the Municipal Corpor-
ation of the County of Elgin comprised in the following
group that is to say, the whole of the Village of Vienna,
that portion of the Township of Bayham lying of the Talbot
Road exclusive of lots number one hundred and nine, one
hundred and ten, one hundred and eleven, one hundred and
twelve and one hundred and thirteen that portion of the
Township of Malahide comprised in lots number seventeen,
eighteen, ninet~en, twenty, twenty-one, twenty-two, twenty-
three, twenty-four, twenty-five, twenty-six, twenty-seven
twenty-eight, twenty-nine, thirty, thirty-one, thirty-two
thirty-three, thirty-four and thirty-five in the first
concession.
The south halves of lots number seventeen, eight-
een, nineteen and twenty and the whole of lots number twen-
ty-one, twenty-two, twenty-three and twenty-four, twenty-
five, twenty-six, twenty-seven, twenty-eight, twenty-nine
thirty, thirty-one, thirty-two, thirty-three, thirty-four
and thirty-five in the second concession.
The south halves of lots number twenty-one, twenty-
twenty-three, twenty-four, twenty-five and the whole of
number twenty-six, twenty-seven, twenty-eight, twenty-
thirty, thirty-one, thirty-two, thirty-three, thirty-
and thirty-five in the third concession.
two,
lots
nine
four
The south halves of lots number twenty-six, twenty-
seven, twenty-eight, twenty-nine and thirty and the whole of
lots number thirty-one, thirty-two, thirty-three, thirty-four
and thirty-five in the fourth concession, and the south hal-
ves of lots number thirty-one, thirty-two, thirty-three,
thirty-four and thirty-five in the fifth concession all in-
clusive, have determined to aid and assist the Brantford
Norfolk and Port Burwell Railway Company in the construction
of that portion of the said Company's Railway lying between
the present terminus at Tilsonburg and the Harbor at Port
Burwell. And fifty freeholders in the said Municipality
and parts of Municipalities have petitioned this the County
Council of the County of Elgin to pass a By-law granting aid
by way of bonus to the said Railway Company to the amount
of Sixteen Thousand Dollars and to be assessed therefor un-
der the authority of the Acts above in part recited.
AND WHEREAS to carry the last recited object in-
to effect it will be necessary for the said Municipality of
the County of Elgin to raise the sum of Sixteen Thousand
Dollars and interest in the manner hereinafter provided pay-
able within twenty years from the day when this By-law shall
take effect.
(Cont'd)
Page 4
AND WHEREAS it will be necessary to raise ann-
ually by assessment upon the Municipalities and parts of
Municipalities herein grouped during the said twenty years
the sum of Thirteen Hundred Dollars to provide for the
payment of the said sum of Sixteen Thousand Dollars and
interest thereon as hereinafter mentioned.
290
By-Law No
AND WHEREAS the whole amount of the rateable
property of the Municipality of the Village of Vienna,
irrespective of any increase to be derived from the tem-
orary investment of any sinking fund on any part thereof
according to the last revised Assessment Roll, being for
the year one thousan"d eight hundred and seventy-six, was
Seventy Six Thousand Two Hundred Dollars.
AND WHEREAS the amount of the whole rateable
property of the Municipality of the Township of Bayham
for the year one thousand eight hundred and seventy-six
was One Million One Hundred and Thirty Seven Thousand
Eight Hundred and Eighty Dollars
AND WHEREAS the amount of the whole rateable
property of that portion of the said Township of Bayham
herein grouped, irrespective of any increase to be derived
from the temporary investment of any sinking fund, or any
portion thereof according to the last revised Assessment
Roll being for the year one thousand eight hundred and sev-
enty-six, was Eight Hundred and Fifty Four Thousand One
Hundred and Eighty-One Dòllars.
AND WHEREAS the amount of the whole rateable prop-
erty of the Municipality of The Township of Malahide for the
year one thousand eight hundred and seventy-six was Two
Millions Four Hundred and Sixty Three Thousand Six Hundred
and Fifty-Two Dollars.
AND WHEREAS the amount of the whole rateable prop-
erty of that portion of the said Township of Malahide here-
in grouped, irrespective of any increase to be derived from
the temporary investment of any sinking fund, or any por-
tion thereof, according to the last revised Assessment Roll
being for the year one thousand eight hundred and seventy-
six was Three Hundred and Forty Eight Thousand Four Hundred
and Eighty-Five Dollars.
AND WHEREAS the amount of the whole rateable prop-
erty of the Municipality of the County of Elgin for the year
one. thousand and eight hundred and seventy-six was Sixteen
Millions Forty Eight Thousand Seven Hundred and Thirty-Five
Dollars.
)
(Cont'd
Page 5
AND WHEREAS the amount of the whole rateable
property of the said portion of the said County of Elgin
herein grouped irrespective of any increase to be derived
from the temporary investment of any sinking fund or any
portion thereof according to the last revised Assessment
Roll being for the year one thousand eight hundred and sev-
enty-six was One Million Two Hundred and Seventy Nine
Thousand Four Hundred and Ninety-Six Dollars.
290
By-Law No
existing debt of
AND WHEREAS the amount of the
the said County of Elgin is as follows:-
For principal the sum of Two Hundred and Forty
Six Thousand Two Hundred and Seventy-Two Dollars and there
is no interest in arrears.
AND WHEREAS the said Village of Vienna is free
from debt, except its liability to pay a bonus of Four
Thousand Dollars to the said Brantford Norfolk and Port
Burwell Railway Company, when the said Company's Railway
shall have been completed to Port Burwell
AND WHEREAS the amount of the existing debt of
the said Township of Bayham is as follows:-
For principal the sum of Five Thousand Nine
Hundred and Forty-One Dollars, and there is no interest
in arrears.
And in addition thereto a liability to pay a bon-
us of Thirty Thousand Dollars to the said Brantford Norfolk
and Port Burwell Railway Company when the said Railway Co-
mpany shall have completed their Railway to Port Burwell.
WHEREAS the said Township of Malahide is free
AND
from debt
AND WHEREAS to provide for the payment of the said
debt of Sixteen Thousand Dollars and interest thereon within
twenty years from the day this By-law shall take effect
it will require an equal annual special rate of one mill and
three one thousands of a mill in the dollar on the whole
rateable property of that portion of the said County of
Elgin herein grouped during the twenty years when this By-
law shall be in force
AND WHEREAS it is necessary to provide for the
appointment of Trustées to hold in trust debentures to be
issued under this By-law and to dispose of them as herein-
after provided.
)
(Cont'd
Page 6
290
By-Law No
IT IS THEREFORE enacted by the Council of the
Corporation of the County of Elgin -
I. That it shall be lawful for the said Municip-
ality to aid and assist the Brantford Norfolk and Port
Burwell Railway Company by giving thereto the sum of Six-
teen Thousand Dollars and interest thereon at the rate
of six percent per annum amounting in all to Twenty Six
Thousand Dollars in manner hereinafter provided by way of
bonus.
II. That it shall be lawful for the purpose afore-
said for the Warden of the said County to cause twenty
debentures to be made each for the sum of Thirteen Hundred
Dollars, one of which debentures shall be made payable on
the first day of January one thousand eight hundred and
seventy-eight and one on the first day of January in each
year thereafter until the whole of the said debentures are
paid and the said debentures shall be accepted by the Co-
mpany in full of the bonus of Sixteen Thousand Dollars and
interest thereon, which said debentures shall be sealed with
the Corporate seal of the said County of Elgin, and be
signed by the Warden and Treasurer thereof: and shall be
made payable at the office of the Treasurer of the said
County in the Town of St. Thomas on the days and at the
times hereinbefore set forth.
IV. That for the purpose of providing for the pay-
ment of such debentures an equal annual special rate of
one mill and three one thousandths of a mill in the dol-
lar in addition to all. other rates shall be raised, lev-
ied and collected in each year during the twenty years
next after this By-law shall take effect, upon all the rate-
able property in that portion of the said County of Elgin
comprised in the following group, that is to say - The whole
of the Village of Vienna in the said County of Elgin; upon
all the rateable property of that portion of the Township
of Bayham in the said County of Elgin lying south of the
Talbot Road, exclusive of lots numbers 109, 110, 111,112
and 113; and upon all the rateable property of that por-
tion of the Township of Malahide in the said County of
Elgin comprised in lots number 17, 18, 19, 20, 21, 22, 23,
24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35 in the
first concession. The south halves of lots number 17, 18,
19, 20 and the whole of lots number 21, 22, 23, 24, 25, 26,
27, 28, 29, 30, 31, 32, 34 and 35 in the second conces-
sion. The south halves of lots number 21, 22, 23, 24 and
25. And the whole of lots number 26, 27, 28, 29, 30, 31,
32, 33, 34, and 35 in the third concession. The south halves
of lots number 26, 27, 28, 29 and 30 and the whole of lots
number 31, 32, 33, 34 and 35 in the fourth concession, and
the south halves of lots number 31, 32, 33, 34 and 35 in
the fifth concession, all inclusive, unless such debentures
and interest shall be sooner paid and that the proceeds of
)
(Cont'd
Page 7
290
By-Law No
such special rate so to be levied and collected shall
be applied solely to the payment of the said debentures
until the whole shall be fully paid.
V. That none of the debentures to be signed and
issued as aforesaid shall be delivered to the Trustees
to be named and appointed as hereinafter provided until
the Directors on behalf of the Brantford Norfolk and Port
Burwell Railway Company shall have executed an agreement
stipulating and providing:-
1. That the said Trustees shall retain all the
said debentures in their custody and control until the
said Brantford Norfolk and Port Burwell Railway Company
shall have graded the road and laid the rails upon that
portion of the said Company's Railway lying between the
present terminus at the Town of Tilsonburg and the Harbor
of Port Burwell.
2. That so soon as the said Railway Company shall
have properly graded, bridged and laid the rails on the said
portion of their Railway as provided in the preceding clause
the Engineer of the said Railway Company shall make a cert-
ificate to that effect which certificate shall be submit-
ted to a meeting of the Reeves of Bayham, Malahide and
Vienna, to be called by the said Railway Company at the
Village of Vienna, and if the said Reeves or a majority of
them, are satisfied that the Railway has been properly grad-
ed and bridged, and that the rails have been laid as herein-
before provided two or more of them shall countersign the
said certificate
3. That until the day on which the rails are so
laid as aforesaid, no interest shall accrue upon the said
bonus of Sixteen Thousand Dollars to the said Railway Comp-
any, and as the total amount of the interest is included in
the face of the debentures hereby a~thorized to be issued
that interest at the rate of six per centum per annum be cal-
culated upon the said sum of Sixteen Thousand Dollars from
the day of the date of the debentures issued therefor to
the day when the said Railway Company shall have laid the
rails as aforesaid and the amount of such interest so to
be calculated shall be deducted from the debentures to be
handed over by the Trustees to the said Railway Company,
and the same shall be endorsed as so much paid on the debent-
ure or debentures first falling due.
4. That upon the production to the Trustees by
the said Railway Company of the certificate provided for
)
Cont'd
Page 8
290
No
By-Law
in clause two of this section the said Trustees shall hand
over to the said Railway Company the whole of the said de-
bentures first endorsing on the back of the debenture first
payable the amount of interest which the said Municipality
is entitled to deduct under clause three of this section
and recording the fact that such amount has been paid on the
said debenture or debentures.
AND IT IS FURTHER enacted that in the event of
the said Railway not being completed within two years from
the day of the final passing of this By-law that the debent-
ures issued under the authority thereof shall be withheld
from the Trustees and shall be cancelled and destroyed instead
of being delivered to the said Railway Company as aforesaid.
AND IT IS ALSO enacted that the Clerk of the Coun-
ty Council of the County of Elgin will attend at the Court
House in the Town of St. Thomas on Thursday the 21st day
of December 1876 at two o'clock in the afternoon for the
purpose of summing up the number of votes given for and
against the By-law.
Coun-
AND IT IS ALSO enacted that the Warden of the
ty of Elgin will attend at the Town Hall, Vienna on the
12th day of December 1876, and shall appoint in writing
signed by him two persons to attend at the final summing up
of the votes, and one person to attend at each polling place
on behalf of the persons interested in and desirous of pro-
moting the passing of the By-law and a like number on be-
half of the persons interested in and desirous of opposing
the passing of the By-law.
VI. That the Trustees heretofore appointed to hold
in trust in Municipal debentures issued in aid of said Rail-
way Company namely William Y. Emery of Port Burwell, Ig-
natius Cockshutt and Thomas Botham of Brantford shall also
be Trustees to hold debentures issued under this By-law
and to dispose of them as provided in clause two of section
five
VII. That this By-law shall take effect on, from and
after the thirty-first day of December in the year of our
I,ord One Thousand Eight Hundred and Seventy Six.
That the votes of the electors in the said Mun-
icipalities shall be taken on the said proposed By-law
at the following time and places, that is to say on Tues-
day the nineteenth day of December, in the year of our Lord
One Thousand Eight Hundred and Seventy Six at the hour of
Nine o'clock in the forenoon and to continue till five o'-
clock in the afternoon of the same day.
(Cont'd)
By-Law No. 290 Page 9
VIENNA
At the Town Hall, Village of Vienna and that
Charles Draeseke be the Returning Officer.
BAYHAM
In St. Georges Ward at the Oddfellows Hall,
Port Burwell and that W. J. Youell be Returning Officer
In St. Davids Ward at a house occupied by Jacob
Thomas near the Toll Gate north of Vienna on lot number
fifteen in the third concession and that E. T. Martin be
Returning Officer.
In St. Lawrence Ward at W. W. Raymond's house
near Boyces Corners on the Plank Road on lot sixteen in
the fifth concession and that Jacob S. Jones be Returning
Officer.
MALAHIDE
For electors in the first and second concessions
at or near Saunders Grist Millon lot twenty-seven in the
first concession and that Edward Hankinson be Returning
Officer.
For electors in the third, fourth and fifth con-
cessions at the Cheese Factory, lot thirty in the third
concession and that George Peacock be Returning Officer.
Passed in Council this twenty seventh day of
December, in the year of our Lord One Thousand Eight Hun-
dred and Seventy Six.
St. Thomas
County of Elgin
27th December 1876
William McKay George Suffel
County Clerk Warden
Read a first time 15 November 1876
Certified W. McKay Clerk
Read a second time 15 November 1876
Certified W. McKay Clerk
Read a third time and finally passed 27th December 1876
Certified W. McKay Clerk
(Cont'd)
By-Law No 290 Page 10
Note: Attached is a copy of a letter to the County Cou-
ncil of the County of Elgin from William McKay,
Clerk of the County Council of the County of Elgin
Attached to the original By-law is a printed notice
containing all of the above By-law.
To the County Council of the County of Elgin
I William McKay, Clerk of the County Council of
the County of Elgin do hereby certify that the majority
of the electors voting upon the By-law to grant a bonus of
Sixteen Thousand Dollars to the Brantford Norfolk and Port
Burwell Railway Company have approved of the By-law and of
the Grouping.
William McKay
Clerk of the ·County
Council of the County
of Elgin
St. Thomas
Elgin
21st December 1876