The Board of
Railway Commissioners for Canada.

Order no. 51390

Monday, the 24th of
September, A.D. 1934

In the matter of the Order of the Board No. 45813, dated November 14, 1930, as amended by Order No. 46930, dated June 26, 1931, approving and authorizing certain works of the Toronto, Hamilton and Buffalo Railway Company in connection ivith grade separation in the City of Hamilton, Province or Ontario; and Order No. 49585. dated February 24, 1933, apportioning the cost of the said work among the parties interested.

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S. J. McLean
Asst. Chief Commissioner

F. N. Garceau
Deputy Chief Commissioner

T. C. Norris
Commissioner

J. A. Stoneman
Commissioner

G. A. Stone
Commissioner

Upon hearing the matter at the sittings of the Board held in Ottawa, August 9, 1934, in the presence of counsel for and representatives of the Toronto, Hamilton and Buffalo Railway Company, the Canadian National Railways, the Hamilton Street Railway Company, and the City of Hamilton, and what was alleged,—

It is ordered:

  1. That, for the purpose of the contribution hereinafter provided, the work of grade separation, excluding railway betterments, shall be divided into six separate units by means of a dividing line situated midway between the centre line of each complete vehicular subway, namely, the subways at James, John, Catharine, Walnut, and Young streets and Victoria avenue, in the city of Hamilton, province of Ontario; and that statements showing the total expenditure involved for each of the said six separate units be submitted for the approval of the Board.
  2. That forty per cent of the cost of constructing each subway at James, John, Catharine, Walnut, and Young streets and Victoria avenue, not exceeding, however, the sum of $100,000 for each subway, or a total for the six subways not exceeding $600,000, be paid out of the Railway Grade Crossing Fund first from the $500,000 appropriated to this fund by Vote No. 348, chapter 62 of the Statutes of Canada, 1934, being a " Contribution to the Railway Grade Crossing Fund on account of the Obligations of the Fund in Connection with the Hamilton Viaduct and that any balance due in excess of the said $500,000 be made available from the amount appropriated to the Railway Grade Crossing Fund under the Unemployment and Farm Relief Act, 1931, and the Unemployment and Farm Relief Continuance Act, 1932, approved by the Governor in Council under Order in Council P.C. 3075, dated December 12, 1931.
  3. That the contribution provided for under paragraph 2 of this order be paid forty per cent to the city of Hamilton and sixty per cent to the Toronto, Hamilton and Buffalo Railway Company.
  4. That the Canadian National Railways' liability under the said Order No. 49585, dated February 24, 1933, shall be ten per cent of the balance of the cost of the subways at Young street and Victoria avenue and the closing of Aurora, Liberty, and AVellington streets, after the Board's contribution to the two subways involved has been deducted therefrom.
  5. That the Hamilton Street Railway Company's liability under the said Order No. 49585 shall be ten per cent of the balance of the cost of constructing a subway at James street sufficient to accommodate two tracks, after the proportion of the Board's contribution has been deducted therefrom; and that the Board's contribution to the cost of the subway to which the Hamilton Street Railway Company contributes shall be calculated as the same percentage of contribution that the two-track subway bears to the joint as constructed subway at James street.

S. J. McLean
Asst. Chief Commissioner,
The Board of Railway Commissioners for Canada.