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An Act to confirm an agreement made between the
Grand Trunk Railway Company of Canada and the
[Assented to 5th October, 1896.) HEREAS the Grand Trunk Railway Company of Canada Preamble.
has by its petition represented that the said Grand Trunk Railway Company of Canada and the Canadian Pacific Railway Company have entered into the agreement set forth in the schedule to this Act, and the said companies have respectively by their petitione prayed that the said agreement be confirmed and made legal and binding; and whereas it is expedient to grant the prayer of the said petitions : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The agreement in the schedule to this Act is hereby Agreement confirmed and made legal and binding in all respects as fully confirmed. and effectually as if the several clauses and provisions thereof were set forth at length in this Act.
2. The said agreement shall continue and be in force for the Duration of period of fifty years from the date thereof, upon the terms, agreement. compensations, regulations, conditions and provisions in the said agreement set forth.
This AGREEMENT, made and entered into this thirteenth day of Mav, A.D. 1896, by and between the Grand Trunk Railway Company of Canada, party of the first part, and the Canadian Pacific Railway Company, party of the second part, Witnesseth: That whereas the party of the second part proposes to acquire, lease or control, and to operate a line of road, extend
ing from Hamilton in a north-westerly direction, to a point about one and three-quarter miles west of Hamilton, where it will connect with the road owned, controlled and operated by the party of the first part, which point is hereinafter referred to as the “Hamilton Junction";
And whereas the said party of the second part is desirous of making such a contract with the party of the first part, as will enable the party of the second part (for the purpose of facilitating the transportation of freight and passengers between the said city of Ilamilton and the city of Toronto, and points lying easterly and westerly of both the said cities of Toronto and Hamilton) to run its trains, both passenger and freight, over the portion of the railway of the party of the first part, between the Hamilton Junction, and the point of junction of the Grand Trunk Railway with the Toronto Union Station tracks near Bathurst Street in the city of Toronto, a distance of about thirty-six miles; the said portion of the railway of the party of the first part being hereinafter referred to as the “said joint section.”
First.-Now, therefore, the party of the first part in consideration of the payment, covenants and agreements hereinafter specified as well as for and in consideration of the sum of one dollar in hand, paid by the party of the second part, the receipt thereof is hereby acknowledged, has leased and demised, and by these presents doth lease and demise unto the said party of the second part, its successors and assigns, for the period and on the conditions hereinafter specified the right jointly and equally with the party of the first part of using and enjoying the road, roadbed, track, side tracks, switches, bridges, stations, buildings, tanks, coal chutes, cattle guards, and all the fixtures pertaining thereto, of the road of the said party of the first part, and a full and unrestricted and unencumbered use, in common with the said party of the first part, of the said first party's railroad property and fixtures above mentioned, between Hamilton Junction and the city of Toronto; and doth also grant to the party of the second part the right to connect its tracks with the tracks of the party of the first part at the Hamilton Junction, using for that purpose so much of the land of the party of the first part as may be necessary therefor.
Second.—To have, hold and enjoy the said demised premises and every part thereof, and the said rights for the term of twenty-one years certain from the date hereof, and if the parties are, or shall become, authorized to enter into this agreement for a period of fifty years, in so far as the laws of Canada can authorize them, then for the further period of twenty-nine years, making in all fifty years. And. inasmuch as doubts have arisen as to the power to make this agreement, for a longer period than twenty-one years, under the present laws of Canada, the parties hereto hereby agree to forth with join in an application to the Parliament of the Dominion of Canada for an Act authorizing the parties hereto to enter into the agreement herein contained for the full period of fifty years, and upon the passage of such Act, and upon getting such further approval, if any, as may be necessary, this agreement, as may be presented in that Act, shall be binding upon all the parties for said period of fifty years.
THIRD.—It is further understood and agreed, that the parties hereto shall enjoy in all respects equal rights to the said tracks, buildings and improvements used in common, unless wherein the rights of either are expressly restricted in this lease, and the trains of the party of the second part shall in every respect be treated by the officers, agents and employees of the party of the first part as trains of a similar class of the party of the first part, and shall have equal preference over trains of an inferior class belonging to either of the parties, and the said second party shall have a perfect right to run all classes of trains, passenger, mixed, freight, and other trains, over the said first party's road between Hamilton Junction and the city of Toronto, subject only to the regulations prescribed or provided for in this lease ; and in case of doubt between the trains of the two companies of the same class, under the established rules, the trains of the party of the first part shall be held to have the preference. The main tracks shall, as far as practicable be kept unobstructed for the use of either company.
FOURTH.-The schedule for the arrival at, or departure from, either the Hamilton Junction, or Toronto of the trains of the party of the second part, shall be fixed from time to time by agreement between the superintendents of the said parties hereto. Reasonable notice of any change thereof shall be given by the superintendent of the second party to the superintendent of the first party, who shall thereupon make and furnish to the party of the second part, as far as it is practicable, the proper schedule or time card for the movement of all trains of both parties on the said joint section, which said schedule shall give equal rights to the trains of both parties of a similar class, and passenger trains of the second party shall have preference as to the right of the road over trains of an inferior class belonging to the said party of the first part, and in case of any dispute arising as to the said schedule, or the speed of any train, it shall, in case the parties fail to agree, be referred to and settled by arbitration, in the manner hereinafter provided.
FIFTH.- When the trains of the second party are running behind time, their movements shall be directed and controlled by the train despatcher of the party of the first part, in the same manner as he regulates trains of a similar class of the party of the first part, when out of schedule time,-it being understood that the regulations established shall contemplate their movement as trains having equal rights with the trains of the first party, passenger trains being preferred to freight trains of either party hereto, and regular freight trains of the party of the second part are to be preferred to extra, wild, or construction trains of the said first party.
Sixth.—The rules and regulations for the government of trains, and of all employees of either or both parties while running over the said joint section and making use of the tracks, buildings and appurtenances jointly, and all rules regulating the use of the road and fixtures shall be those prescribed by the party of the first part, for the government of its own employees, the men employed upon the trains, and in charge of the motive power of the party of the second part, being for the time, while moving upon the road of the said first party as fully under the directions of the officers and agents, and subject to the police regulations of the said first party as if they were in the service of the party of the first part.
Seventh.—The men employed upon the repairs, and in the operation of the said joint section and as switchmen, agents and operators, though paid by the party of the first part, shall be considered as in the joint employ of the parties hereto, and may at any time be called upon to assist the party of the second part in case of accident, and in placing cars, which may be wrecked, upon the track, and shall be subject to dismissal if they decline, neglect, or refuse to render such assistance and service to the said second party as repair men and such employees are usually called upon to render to trains in the service of the party of the first part.
Eighth.—It is mutually agreed by and between the parties hereto, that each of the said parties will be responsible for the accidents or casualties upon, or to, its own trains, by reason of any imperfection of the track or misplacement of switch, or for damages for stock killed, or injury that may occur to persons walking upon the track, (if any liability therefor) or from any other cause aside from, or except, collision, in any form, with the trains of the other party, and no such accident or casualty shall give either party the right of action, or claim, against the other party, it being the intention and design that each party shall be responsible for its own trains, for the conduct of its own employees, and generally except when the other party is in fault.
NINTH.—In the case of the killing of stock not in transit, or of damages on account of personal injuries to persons not riding on the trains of either party, or by fire caused by the operations of its trains over said railway, and without regard to the physical conditions of said road or its appurtenances, the claims shall, with the approval of the party of the second part, be adjusted by the proper officer of the party of the first part, and in payment thereof the party in fault shall pay the full amount of the liability; but in the final settlement therefor, such settlement shall include and embrace a full and entire release of both parties hereto. In case of damages or injuries occurring to persons or property on the trains of either party, the proper