\V o^.^/ \>-. .^ *■ ^ \ ''*w^ N IMAGE EVALUATION TEST TARGET (MT-3)i ^ \. ^ .^ '/ / ^: ■*%: 1.0 ^ti^m ' A- V [IHIiJI^II dOcOuGa u w yp..^' ^ (P- ..:/. :\ 39.WKTMAMSTRnT WMSTR,N.Y. 14510 i7U) tra^sM ^^ -S^X '^■"^V ^ 4^^ ^ \ lo '/ / s ,*?«?•" CTHM Micfofiche Series (Monograptis) • . w rCMH Collection de microfiches (mohographles) I. - Canadiati Institut* for Historical Microroproductiona / Institut Canadian da microraproductiont hittoriquaa Vj tX"*" '■».. V. Ttchnical and Bibliographic Notts / Notat tachniqua* at bibliographiquat Tha imtituta has attamptad to obtain tha bast original copy availabia for filming. Faaturas of this copy which may ba Mbiiographically ohlqua, which may altar any of tha imagas in tha raproduction, or which may significantly changa tha usual mathdd of f ilnifng. ara chacfcad balow. □ Coloiirad covars/ Couvartura da coulaur □ Covars damagad/ Couvartura andommagia n Covars rastorad and/or laminatad/ Couvartura rastaurte at/ou palliculia □ Covar titia missing/ ka titra da couvartura maniiua D D P n Colourad maps/ \, ' ' ^ Cartas gtographiquas art coulaur , i^- ■ / ' ■ '■ ....'- , Colourad ink (i.a. othar than Mua^or Mack)/ Encra'da coulaur (i.a. autra qua blaUa ou noirk) Colourad platas and/or illustrations/ Planchas at/ou illustrations an coulaur Bound with othar matarial/ Raiii avac d'autras documents □ 'Tight binding may causa shadows or distortion along intarior margin/ La raliura sarrte paut causar da I'ombra ou da la * distorsion la long da la marga int^iaura » ■• ■ □ Blank Icavas addad during rastoration may appear il^^^lin tha taxt. Whanavar possiMa, thasa hava ■ baan omittad from filming/ . II sa paut qua cartainas pagn blanchas aj&uttes ton d'una rastauration apparaissant dans la taxta, ' mais. loraqua cala itait possiMa. cas pagas n'ont pas M filmtes. L'Institut d microfilm* la maillaur axamplaira qq'il .*. lui a M pdssiMa da sa procurer. Las details da cat axamplairi qu| so^t pattt-■ Jn S t 3 5 1^ I ^ - -^ I- • :;.-£ =l: «2>^ St^T* 06 -.^ Si . ^. '^i :r I Il^»^ i^:M^ • -ft' V .'\ i - •>* # XA ^i*- w ■v • ■iX W FA ■-4»' /I *i- \, Pkt'ition o/ the Grand Trunk JKaiLway Company of (janada /o the O^jTARio LegisiAture, for a Declaratory Act respecting the Toronto, Grey and Bruce Railway Legislation of tSSt. '#. T -«4 V Id the 3pon i 1 t * , ■ ' '■-/'■ - ■ »• - ,< %. * r ' " ■ • ' ' . .,; :^::-\,.;: ; •■ ■ ■■' '■ ■ • ■ • ■ "1 '■'■ ' .••-■■' •' f >A^ -■i..i-:-i. ^- -->■ ,» ^ ff- « 5. Accordingly an Act was duly passed (44 Vic, cap. 74, sec. 14), whereby such an agreement was authorized to be made with the /assent, in the first instance, of the said Directors, whoko represented the said Bond- holders, and also with the assent of two-thirds of the Shareholders of the said Toronto, Grey and Bruce RailwayCompany, present or represented at a special meeting to be called for- the purpose. 6 The provisions of the said Act, under which an agreement between the said Toronto, Grey and Bruce Railway Company and your Petitioners was authorized, were heartily supported by the various municipalities which had originally granted bonuses to the amount of about a million of dollars in aid of the said Company, and which continue to be deeply interested in the efficient working thereof. , . 1 - 7. Uifider the provisions of the said Act ftnd the Acts respecting your Petitioners' Coippany, an agreement for the wcirking by your Petitioners of the s^d Toronto, Grey and Bruce Railway \yas entered into, dateJ the 13th day of May, 1881, by the Directors of Wour Petitioners' Cpmpany, and by the said Directors of the Toronto, Grey and lirucc Rartlway Com- pany, and the said agreement was duly signed an^d sealed with the respective seals of the said Companies, and wa4 duly sulynitted to and ap- proved of by tho proprietors of your Petitibfters' (^ompany, and was also duly submitted to and approved of by more than twoi-thirds of t)ie Shareholders of the said Toronto, Grey and Bruce Railway Com*pany, present or repre- sented at a special meeting called for the purpose— the vote of Shareholders be'ing.four thousand seven hundred and ^ixty-four (4,764) in favour of/ said agreement, and only one thousand four hundred and ten (1,410) against it ( ' ^ _ * 8. Before the said agreement was carried into effect a cl(Hre in the control of the prbprietaiy interests in the said Toronto, Grey aid Bruce Railway Company took place, and the present, Board of the said Copipany seeks to repudiate the said agreement, and refuses to carry it into effect. 9. In order to justify such refusal it is pretended that when the Legislature enacted that the assent of two-thirds of the "Shareholder^ of the said Company should be necessary to Sanction said agreement, the\ said Legislature did not mean the holders of the shares of the capital stock of said Company, but was intended to include certain Bondholders as well ; whereas in fact, and in truth, the Legislature clearly understood and in- tended that after such agreement had been entered into by the said Board of the Toronto, Grey and Bruce Railway Company, so representing the Bondholders as aforesaid, the oppoi;tUnily should also be given to the Shareholders to consider and accept or reject the same. 10. Your Petitioners have acted in entire good faith in entering into .the said ag^reement on their part, and it was only completed after much • time, trouble and expense, and all arrangements had been maide by your Petitioners to cany it out v^rously and efficiently. ■:/'- * 3 ^ II. Your petitioners Kubmit that such agreement ouj^ht wot to be. repudiated on any technical pretence, but that thelrue meaning' Hnd. intent of the said Act oT last Session should now Ik: declared by your liunour- able HoUT^c, and the said agreement confirmyd. 12 That prcKccdirigs have beoii' taken in Courts of Law on the one side to confirm and to carry out th^ said agreement, and oi> the other to set it aside; and such litigatioiviL^ certain to ue very. costly, ami to be contested and appealed at every point; si) that the dispute will probably continue for some years, to the detriment of the; efficient working of the line and to the public disadvantagic, unless the Legislature shall at once and authoritatively declare the true intent and meaning of said word " Shareholders > in the said Act of last Session. \ Your Petitioners therefore pray That your [honourable House may be pleased to pass an Act declaring that the word " Shareholders" in the said ' fourteenth section ofHhe said Statute, passAl in the forty- fourth year of Her -Majesty's reign, chaptered seventy- four, shall be held and takei; to mean the holers of shares , in the capital stock of the said Toronto, , Grey and Bruce t 'Railway Company,, and that the said agreement herein- before mentioned may be declared to be legal and bindinc^ ' ' And your Petitioners will ever* pray, etc. For the Grand Trunk Railway, ' ^Signed), Joseph HicKSON, .y- %^ ■ ' I :l.r ■■■,-, * j-^ -^ ■. ^ ■ . . . ■ t -. * " ■ ■ '■■^ , ' • ■ 1 . • , . ■ ,.;- • ■ .... • ■^ ■ - ■ '■ ' .'■ ,"-*«. 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