By-Law No. 63, passed 22nd December 1873, to grant certain privileges to "the Hamilton Street Railway Company," and to declare the terms and conditions on which the same may be constructed and maintained.

Whereas the Legislature of the Province of Ontario did, on the 29th day of March, A.D. 1873, pass an Act, Chapter C. of 36 Victoria, entitled "an Act to incorporate the Hamilton Street Railway Company"; by which Act it is, among other things, provided that the City Council of the City of Hamilton, and the said, "the Hamilton Street Railway Company," may make and enter into an agreement or covenants relating to the construction of, and operating, a Street Railway in the said City of Hamilton, and for paving, macadamizing, repairing and grading of streets, and the construction, opening of, and repairing of drains or sewers, and the laying of gas and water pipes in the streets of the said City, and the location of the Railway and the particular streets along which the same shall be laid, the pattern of the rail, the time and speed of running of the cars, the manner of proceeding with the same, and the time for completion, and generally for the safety and convenience of passengers, the conduct of the agents and servants of the Company, and the non-obstructing or impeding of the ordinary traffic.

And whereas the said Street Railway Company have petitioned the City Council of the City of Hamilton for permission to lay down and construct a track for a Railway on the streets hereinafter named, to which the said Council has assented, subject, however, to the conditions, provisoes, restrictions and agreements in this By-law contained, and such further and other regulations as may from time to time be deemed necessary by the said Council.

Now the Municipal Council of the Corporation of the City of Hamilton enacts as follows:-

1. That the consent, permission and authority of the Municipal Council of the City of Hamiton is hereby given and granted to "the Hamilton Street Railway Company," their successors and assigns, to lay down a single or double track for a Railway, with all necessary and convenient tracks, for turnouts, side-tracks and switches, in and along the course of the streets of the City of Hamilton hereinafter mentioned, and the same to deep maintain and use, and to operte thereon railway cars and carriages during all the term hereinafter specified and prescribed, and in the manner, and upon the conditions, provisoes and agreements as herin set forth, or that may from time to time be deemed necessary by the said Council for the protection of the citicens of the said City of Hamilton. When the said Company shall complete, according to the terms of this By-law, a single track for all said Railway, and place cars thereon for public use, they may, at any time thereafter, within ten years, build a second track, so that they do not interrupt the running of their cars on the first completed track.

2. The said Railway Company are, by the provisions of this By-law, exclusively authorized to construct and operate Railways, as herein provided, on Stuart Street, Bay Street north of Stuart Street, James Street, York Street, Merrick Street, King and Main Streets, east, with corssing from King Street to Main Street at Wellington Street or Victoria Avenue, and through such other streets in the said City as may from time to time be fixed and determined by any By-law of the City Council of the said City of Hamilton.

3. The rights conferred upon the said Street Railway Company by this By-law, and the agreement to be executed in pursuance hereof, shall in no case be taken to prevent the said City Council, or their grantees, from crossing the Railways of the said Company by other Railways traversing other streets, but such right to cross the same i hereby expressly reserved.

4. Such Railway shall consist of a single track, to be laid down in a substantial manner within two feet of the centre of the streets named in the second Section of this By-law, with necessary turnouts, side-tracks and switches, and sahll be of the gauge of four feet, eight and one-half inches, so as to accommodate the most common width of carriage wheels, and of such rail as shall be approved of by a majority of the said Council, expressed by resolution in writing, and laid in such manner as shall least obstruct the free and ordinary use of the streets, and the passage of vehicles and carriages over the same; and the upper surface of the rail shall be laid flush, and nearly as practicable, with the surface of the streets, and shall conform to the grades thereof as now established, or as they shall from time to time be re-established or altered; and in case of grading, paving or otherwise, if it be necessary to re-lay said rails, the same shall be done at the expense of the said Railway Company, and the whole of such work shall be done and completed to the satisfaction of a majority of the said Council.

5. The space between the rails to be laid for the Railway, upon any macadamized street, and for two feet outside of such rails, shall be by the said Company, andunder the direction of, and as required by, the Board of Works in and for the said City, constructed and kept in repair with such suitable material as the said Board of Works may from time to time direct (the materials therefor to be supplied by, or at the expense of, the said City Corporation,) and all dirt and filth caused by repairs to the said Railway track removed therefrom as may be directd and required by the said Board of Works; and the said Company shall also construct and keep in good repair crossings of a similar character to those adopted by the said City Council within the limits aforesaid at the intersection of every such Railway track and crossing thereto.

6. The space between the rails laid by the said Company upon any street not macadamized, shall be well macadamized to the depth of six inches with good hard stone or other material suitable for that purpose, and a plank of oak or other hard wood, at least eight inches wide and properly sloped off, placed outside of the rail and throroughly fastened, so as to form as slight impediment as possible to the passage of waggons, carriages and other vehicles over the same; and such macadamizing and planking shall be continually kept up by the said Company (provided always, the materials for such macadamizing shall be supplied by or at the expense of the said City Corporation.)

7. During the operation of laying the rails a free passage for carriages and vehicles over the streets shall be kept open, and immediately after the rails shall have been laid, the macadamizing and other material, necessarily removed in laying the same, shall be replaced in a good substantial manner as before such removal, and the surface of the street made flush with the rails; and no portion of the surface of the streets shall be kept broken or disturbed for a greater time than one week; and all surplus street material shall be carefully removed by the said Company and deposited in such place or places as may be directed by the City Officer having charge of the repairs of the streets.

8. The construction of the said Railway shall be commenced within six months from the passage of this By-law, and not less than two miles thereof shall be completed and the cars running thereon within six months thereafter, and the whole completed within five years after the last mentioned period.

9. And it is hereby expressly declared, that the Corporation of the City of Hamilton shall not be held liable to the said Street Railway Company for damage the said Company may incur or sustain from the breakage of any sewer or water pipes, or for any delay that may be caused by the construction of sewers, the laying of water pipes, or the necessary repairing of same, or from any other delay or damage that may be caused by freshets, fire, or otherwise.

10. All rights now, or that may hereafter be vested in the said City Council and Gas Company, in respect to the care and improvement of the streets, the construction of sewers, culverts or drains, and the laying of water or gag pipes therein, are in no way to be afffected or impaired by any privilege that may be granted to the said Company; but the said Railway must be laid down and maintained, subject to the rights of the said City Corporation and the said Gas Company, to take up, alter, repair, or remove sewers, water and gas pipes, and subject to all other purposes within the province and privilege of the said Corporation of the City of Hamilton, without claim for damages to the said Corporation or the said Gas Company; and the said City Council expressly reserves to itself the right hereafter to lay down, or permit to be laid down, in the said streets, gas or water pipes, or sewers, and to alter, improve and repair said streets whenever the public or private convenience may require.

11. Whenever it shall be deemed necessary to pave any street occuped by the railway track of the said Company, that portion of such street embraced between the outer lines of the rails of such tracks, switches and turn-outs, shall, in the first instance, be paved by, and at the expense of, the said City Corporation; but thereafter, during the continuance of this grant, the same shall be kept in repair, to the satisfaction of the Board of Works, by the said Railway Company, such material for repairs to be supplied at the expense of the City.

12. The said Railway Company shall be liable for any loss or injury that any person may sustain by reason of any carelessness, neglect or misconduct of their agents or servants, in the management, construction or use of their track; (and the said Company shall indemnify and hold the said Corporation of the City of Hamilton harmless from any damage that may be claimed by property holders, or by any person or persons on account of the laying their tracks, or the use, or by reason thereof, or by running the cars thereon.)

13. No part of said Railway shall be opened to the public or put in operation until the sanction of this Council has been previously obtained by means of a special resolution to that effect, and such sanction shall only be granted upon a certificate from the City Engineer or other officer especially appointed by the said Council for that purpose, declaring the said Railway to be in good condition and constructed conformably to the conditions prescribed by this By-law on that behalf.

14. The said Company shall place and continue on said Railway good cars, with all the modern improvements for the convenience and comfort of passengers, and they shall run cars thereon as the public convenience may require, under such directions as the City Council may from time to time prescribe.

15. The privileges granted by this By-law shall extend for a period of twenty years from this date, but at the expiration thereof, the Corporation of the City of Hamilton may, after giving six months' notice, prior to the expriation of the said term of their intention, assume the ownership of the Railway, and all real and personal peroprty in connection with the working thereof, on payment of their value, to be determined by arbitration; and in case the said Corporation should fail in exercising the right of assuming the ownership of the said Railway at the expiration of twenty years, as aforesaid, the privileges granted by this By-law shall continue, but the said Corporation may, at the expiration of every five years to elapse after the first twenty years, exercise that same right of assuming the ownership of the said Railway, and of all real and personal estate thereto appertaining, after one year's notice, to be given preceding the expiration of every fifth year as aforesaid and on payment of their value, to be determined by arbitration; and in any such arbitration, regard shall be had to what is the fair and reasonable value of such property in the way in which it is being used and employed, and the net revenue received therefrom.

16. In case the said Railway Company shall fail to keep the said streets, in which their said Railway shall be laid, in good repair, according to the provisions of this By-law, and shall neglect to make such repairs for two days, after notice in writing from the Board of Works, street commissioner, or other officer having supervision of repairs of streets, served upon the President, Secretary, Superintendent, or other managing officer of the said Company, specifying the repairs, then, and in such case, the said Board of Works, or officer, shall have the right to cause such repairs to be made, and to sue for and collect the same of the said Company.

17. Whenever it shall become necessary to remove any snow or ice from the track or tracks of the said road, the same shall be done by the said Company in such manner, and so evenly spread on the streets as not to obstruct the free passage of sleighs or other vehicles along said street, or in crossing the same at or upon cross streets. The use of salt, for the purpose of removing snow ir ice from the said track or tracks, or for any purpose, is expressly prohibited.

18. Whenever there shall occur a fall of snow, which materially obstructs the track and allows vehicles to pass over the same on runner, the said Companyis authorized and required to use a sufficient number of sleighs to convey passengers over their road from day to day until the cars can be used on the tracks, and to so use the said sleighs the same as they have a right to run their cars, and charge fare for the carriage of such passengers on such sleighs the same as if said passengers were carried on their cars.

19, It is expressly provided hereby that a majority of the Directors of the said Railway Company shall at all times be residents of the said City of Hamilton or County of Wentworth.

The following specifications, regulating the running of the said Street Railway, shall be observed by the said Company.

(1.)          The cars to be used on the said Railway shall be drawn by horses or mules only, and shall be run     as the said Council shall provide, as often as public convenience shall require or the said Council prescribe; provided always, that the said Council shall not require them to be run oftener than once   in thirty minutes between twelve hours of the day.

(2.)          The said Council shall have the right to require that the cars shall commence running as early as six o'clock a.m., of each day in the year (Sunday excepted,) and the twelve hours above mentioned shall commence at that hour in the morning.

(3.)          The said Company may charge and collect from every person, on entering any of their cars or                 carriages, for riding any distance on their said road, in the same continuous route, a sum not exceeding five cents, except children under five years of age, accompanied by parents or other person having them in charge, such children to ride free, provided they do not occupy seats.

(4.)          The said Company may also charge a reasonable compensation for carrying packages.

(5.)          Cars driven in the same, or opposite, direction on the same track shall not approach each other                 within a distance of 200 feet, except in case of accident, or when it may be necessary to connect them together, and also except at stations and turn-outs; and the rate of speed of all cars shall be subject to the directions of the City Council from time to time.

(6.)          While the cars are turning the corners from one street to another, the horses or mules attached to the same shall not be driven faster than a walk.

(7.)          No car shall be allowed to stop on a cross-walk or in front of any intersecting street, except to                 avoid collision, or to prevent danger to persons in the streets, or other sufficient cause; nor shall any car be left or remain standing on any street at any time unless the same is attched to a team and waiting for passengers.

(8.)          When the conductor or driver of any street car is required to stop at the intersection of streets to receive or leave passengers, the cars shall be stopped, so as to leave the rear platform slightly over the crossing.

(9.)          It shall be the duty of the said Company to employ careful, sober and prudent drivers to take                 charge of their cars while on the road, and it shall be the duty of such conductors or drivers, so far as the same be practicable, to keep a vigilant watch for all teams, carriages and persons, on foot, and especially children, either upon the track or moving towards it; and on the first appearance of danger to such teams or person, or other obstruction, the cars shall be stopped in the shortest time and space possible.

(10.)        The conductors or drivers shall not allow ladies or children to enter or leave the car while in                 motion.

(11.)        The cars, after sunset, shall be provided with colored signal lights, with different colors for front and rear, and each team shall, at all times, have a bell attached to some portion of the harness.

(12.)        That it shall and may be lawful to, and for, all and every person and persons whatsoever, to travel upon and use the said tracks with their vehicles, loaded or empty when and so often and they may please, provided they do not impede or interfere with the cars of the said Company running thereon.

(13.)        The cars shall be entitled to the track, and any vehicle upon the track of said Company shall turn     out when any car comes up, so as to leave the track unobstructed, and the drivers of any vehicle refusing to do so when requested by the driver of any car, shall be liable to a penalty not exceeding ten dollars in costs of prosecution on conviction before the Police Magistrate; provided, that if any person or persons shall have any cuase to remove any building or other large and heavy substance, they shall be allowed reasonable and sufficient time to remove, load, or unload the same, without being liable to the penalty attached by this Section, (there was a further part of this Section, but it was struck out by By-law number 75, passed on the 9th November, 1874.)

(14.)        Any conductor or other employee, who shall collect of any passenger more than the fare   prescribed by this By-law, shall, on conviction thereof in the Police Court pay a fine of not less than five dollars for each offence.

(15.)        The said Company shall keep tickets for sale at some place in the business portion of the City,                 convenient for the people; and they shall sell tickets to persons desiring the same at a rate not exceeding one dollar for twenty tickets for fare to any point within the City Limits.

20. It is expressly enacted that, before placing any car proposed to be used on said Railroad, and annually thereafter, the said Company shall pay to the Treasurer of the City of Hamilton, and for the use of the City, fifteen dollars for each such car, and obtain a license therefor. The Company shall also have the number of each car painted on a conspicuous place on the outside thereof.

21. It is hereby reserved to the said City Council to make such further rules, regulations, orders and By-laws in relation to the construction, repairs and operation of the said Railroad as from time to time may be deemed necessary to protect the interests of the said City, and the safety, welfare or accommodation of the public, but no alteration in these rules shall be made which shall have the effect to impair the substantial rights of said Company.

22. Should the said Company fail to complete said Railroad and commence running their cars within the time limited by this By-law, or should the said Company, within the time limited by this grant, neglect to run cars or sleighs on said Railroad after the completion thereof, for the accommodation of the public, as provided by the rules and regulations of the said Council, for the space of two successive months, then the said Company shall forfeit all privileges and rights which they may have acquired by said grant or by the use or possession of said streets; and in such case the City of Hamilton reserves the right to cause all obstructions and materials, placed in said streets by said Company, to be removed therefrom, and the said street to be put in good condition and repair as they were before said materials and obstructions were placed therein; and the expense thereof shall be paid to the said City Corporation by the said Railroad Company; and the said City Council also in such case reserve the right to grant the same rights and privileges to any person or persons, Company or Companies, free from all charges or liabilities for damage on account thereof.

23. In the event of any other party or parties proposing to construct Railways on any streets not occupied by the Company to whom the privilege is hereby granted, the matter of the proposal thus made shall be communicated to them, and the option of constructing such proposed Railway on similar conditions as are herein stipulated, shall be offered, but if such preference is not accepted within six months, then this Corporation may grant the privilege to any other party or parties.

24. This By-law, and the powers and privileges hereby granted, shall not be binding on the said City, unless formally accepted by the said Railway Company within sixty days after the passing thereof, and in such manner as shall legally bind the said Company to perform the same on their part, and as shall be approved by the City Solicitors.

The following clauses were added by By-law No. 257, passed on the 12th day of May, A.D. 1884.

1. Whenever sufficient snow shall have fallen to make sleighing, and sleighs shall be used in or along the streets occuped by said Railway, the Company shall not remove any snow or ice from the track or tracks of their Railway without first obtaining an authority in writing from the City Engineer, permitting them to remove such snow or ice, and when such permission has been granted, the Company shall spread evenly on the streets, in such manner as may be required by the City Engineer, the snow and ice so removed, or shall cart the same away if he shall direct them to do so; and if they shall fail to comply with the requirements or directions of the City Engineer, he may cause the work to be done to his satisfaction, and the Company shall pay to the City Corporation on demand the amount expended by them for such work.

2. The Company shall from time to time, when required by notice in writing from the City Engineer, remove all mud from that portion of the streets lying between the outer lines of their rails and also from two feet in width outside of their rails on each side of the street.

3. In the event of the Corporation paving with stone or block pavements any portion of the streets along which said Railway is constructed, the Company, in relaying their tracks along such streets, shall set their ties not less than ten inches below the level, or intended level, of the surface of such pavement so as to admit of four inches of gravel being placed between such ties and the paving stones or blocks.