, The House went into Committee on the 'Bill to incorporate the Georgian Bay and , Wellington Railway Company. The motion was then put, and carried on the following divigiont-. Yaair.--hr-.Baxter, Bell, Bethune, Cameron, Chisholm, ':',ojMl'2drlt Gib-on, Grant. Harman. Hulda, Har, edginn Hunter, Lane, Lyon, Me- Mahon, Merrick, 'iiiiliFiiGG (York), Boss, Sexton, Bineuir-da8. NAgti.-Msmtrtr. Appleby Baker, Ballmtyne, Barr, Bonner, Beoder,Brown, édvin, Clarita (Norton), Creighton, Crooks, Duwmn, Deacon, Flo-her. rratser, Graham, Gringo, Hurdi Kean under Macdougull (Simeon), Me ovum, Gi w, Monk. Mouyn. Mowat, O'Donoghue, Parana, Patterson (Essex), Blchudson, Ito-even, Sneulnger, Springer, Striker; Tttoler, Watterworth, Widduioid, William, Wilson, It being six o'clock, the Speaker left the chair. After recess, . To confirm sales made by the Order of Good Templars.-Mr. Meredith. The following Bills were read the third time and paasod:--. Relating to the town of Peterborough.--- Mr. Scott. Respecting the Port Dover, and Lake Huron Railway and the township of North Norwich.-Mr. Crooks. Respecting the Toronto and Ottawa Rail- way Companr.--Mr. Scott. Respecting the Credit Valley Railway Com- patty.-Wr. Clarke (Wellington). To amend the several Acts relating to the Toronto, Grey, and Bruce Railway Company. -arr. Cameron. Respecting the Toronto. and Nipisaing Railway Compatty.-liir. Cameron. To Incorporate tho Toronto Stock Ex- chtuqr,e.--hir. Cameron. Mr. HUNTER moved the addition of the following clauses to the Bill '.- M. When stone, gravel, or any other material is or are required for the gouo.trttetion or maintenance of said railway or any part thereof, the Company may, in one they cannot agree with the owner of the lands on which the same are suitable for the purchase thereof, cause a Provincial Surveyor'to make a map and description of tho property so required, and they ehall serve a copy thereo{,with their notice of arbitru- tion, as in; cute of acquiring the roadway, and the notice of arbitration, the award, and tho tender of tho compensation : shall have the lame ef- fect as in the case of arbitration for the roadway; and all the provisions of the Railway Act as varied and modatied by the special Acts relating to the said Company, as to the service of the said notice, arbi- tration, compensation, deedl, payment ot money into Court, the right to sell the right to convey, and the parties from whom GG may be taken, or who may sell, shall apply to the 'utrJeot-tmstter of this section, and to the obtaining materials " aforesaid; and such proceedings may be had by the said Com- pany, either for the right to the fee simple in the ian from which said material: shall be taken, or for the rightto take material for any time they shall think necessary ., the notice of arbitration. n can: arbitration in resorted to, to state the interest re- quired. M. When said gravel, stone, or other materials shell be taken under the preceding section of this Act at a distance from the line of the railway. the Company nay lay down the necessary siding and tracks over any lands which may intervene between the railway and the lands on which said material shall be found, whatever the distance may be; and all the provisions of the Railway Act, end of the special Act: relating to said Company's Act, except such as relate to tiling plans and publication of notice, shall apply, and may be used and exercised to obtain the right or way from the railway to the land on which such materials are situated; and such right maybe so acquired for a term of yearn or per- manently. es the Company may think proper, and the powers in this and tho preceding sections may at all times be exercised and used in all respects utter the railway is constructed for the purpose of repair- ing and maintaining the said rulwuy. Mr. BETHUNE observed that the House had passed in all previous Railway Bills the clauses providing for the appointment of arbitrators to decide as to the value of any gravel beds in land through which the rail- way ran, and to deduct from that value the enhanced value of tho land in consequence of the proximity of the railway. He considered that that principle was most unfair, and discriminated cn- tirely in favour of railway companion and against the owner of the land. So far as the right ot way was concerned the arbi- tration clause might apply, because the The Bill was then read the third time and ONTARIO LEGISLATURE [coxmwzn PROM 7m: mum PAGI.] THIRD READINGS. PRIVATE BILLS. railway could not be built without it; but there should be an exception made with re- spect to gravel beds, which ought to be esti. mated at their real value, and not be taken without the consent of the owner. Mr. HAY was in favour of leaving the matter as it was, believing that no harm had resulted from the provision referred to. Mr. MILLER understood that these' clauses did not appear in English railway Acts, nor were they in the original charters of the Great Western or the Grand Trunk Railways. He could not see what right arailway company, more than an individual, had to go on a man's farm and take his gravel more than anything else. This provision ought to be wiped out of every railway charter in this country. ' After some further discussion, 3 Mr. BETHUNE moved to add the follow. 1 ing worda,to section 35 l--.-" In estimating [ the damages for the land taken for gravel or i tor sand or earth, subsection 8 of section 20 I of the Act respecting railways shall not, apply." Mr. PARDEE moved, "That the clauscé be confined to stone, gravel, or sand." Mr. CAMERON said the House had passed a. great many Railway Acts, and up to the present no evil had occurred from these clauses. He could not understand why this matter had been stirred up now. He thought the Bill should stand as it was. Mr. PAXTON' agreed with the last speaker. The railway companies had suffered more than farmers. and had frequently paid three, four,or five times for gravel beds what they were worth. As no injustice had Oc- curred, he thought the law should be left as it was. Mr. HUNTER agreed to the amendments proposed, and the Bill was passed by the 2/y..e1tc"'r as were also the following 1 s t-- To incorporate the Saugeen Valley Rail. way company.-atr. Sinclair. To incorporate the Town ot mrriston.-. Mr. McGowan. Respecting the Prince Edward County Railway company.-ar. Sinker. . In CommiFtee on Mr. Massic's Bill respect- mg the public burial ground in the town of Guelph. Mr. CAMERON said he understood that the land belonged to tho township of Guelph, and that it was now to be used as a pleasure ground, so the town should pay for it to the township. Mr. FRASER said that the ground had been dedicated for a burying ground for the useof the towuof Guelph andthe township. If any one had a right to.it when it was divid- ed from the purpose for which it was dedi- Mr. CAMERON said it was 5. strange rea- soning that when two parties held an equal right one could arrogate to Itself the inter. ests of the other. This ground should be sold and the amount go to the maintenance of the new ground. cated it was the Canada Company, but it did not take any stand upon it. There was, therefore, no reason why it should not be used as a park for the town. Mr. DEACON said that the Bill had not much of a discussion in the Committee, where its title was regarded with consider- able curiosity, being to the effect that the Bill was to change the burying gfound to a pleasure ground. He said that this legisla. tion was, perhaps, a. little dangerous, if the property were really vested in the Canada Company, for the town might soon apply to the House for powers to sell the property. He counselled delay, to give the Govern. ment time to enquire into the matter. Mr. RICHARDSON deprecated the discus- sion, as the Bill had been passed through the Private Bills Comtnitteu--withoutadis. cussiou. Mr. CURRIE briefly concurred in the re- marks of Mr. Fraser. Mr. MILLER said that it the town of Guelph wanted a. park it would be able to pay for it, and Guelph had no right to divert the proceeds of this ground from the purpose for which it was originally designed.