CHAP. 75. An Act respecting the Guelph Junction Railway Company. [Assented to 23rd July, 1894.] WHEREAS a petition has been presented praying that an Preamble. Act be passed extending the time for the construction of a portion of the Guelph Junction Railway as hereinafter mentioned, and it is expedient to grant the prayer of the said petition: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :— struction ex 1. The Guelph Junction Railway Company may proceed to Time for conconstruct the extension authorized by chapter fifty-nine of the tended. Statutes of 1887, provided that the said extension is commenced within two years and completed within five years from the passing of this Act, otherwise the powers hereby granted Chapter 59 of in respect thereof shall cease and be null and void as regards so much of the undertaking as then remains uncompleted. 1887. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. CHAP. 76. An Act respecting the Lake Erie and Detroit River WH [Assented to 23rd July, 1894.] WHEREAS the Lake Erie and Detroit River Railway Com- Preamble. pany, the London and Port Stanley Railway Company and the Corporation of the City of London have by their respective petitions represented that a certain lease was on the first day of December, one thousand eight hundred and ninetythree, made by the London and Port Stanley Railway Company to the Lake Erie and Detroit River Railway Company of the line of the London and Port Stanley Railway, and that it was agreed that the said lease should be confirmed by legislation, and have prayed for the passing of an Act for that purpose and to authorize the Lake Erie and Detroit River Railway Company to enter into that lease and into other leases or agreements with the London and Port Stanley Railway Company; and whereas the said London and Port Stanley Railway Company has by its petition represented that it is necessary that the London and Port Stanley Railway Company should have power to issue its mortgage bonds or debentures to an amount not exceeding one hundred and ten thousand dollars for the purpose of providing moneys with which to renew the bridges, trestles, and large culverts which are now wooden or partly so, mentioned in the twenty-fourth paragraph of the said lease, and has further represented that the mortgage bonds, debentures and stock of the Company formerly held and owned by the Corporation of the City of St. Thomas have been purchased and are now held by the Municipal Corporation of the City of London, and has prayed for the passing of an Act authorizing and empowering it to issue mortgage bonds and debentures to an amount not exceeding the sum of one hundred and ten thousand dollars, and it is expedient to grant the prayer of the said petitions so far as it is within the legislative authority of the Parliament of Canada to do so: Therefore Lease confirmed. Authority to make lease. Proviso. Notice of application. Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The said lease and agreement, bearing date the first day of December, one thousand eight hundred and ninety-three, between the London and Port Stanley Railway Company, the Lake Erie and Detroit River Railway Company and the Corporation of the City of London, a copy whereof (except the pamphlet marked "A" attached thereto) is set forth in the schedule to this Act, is hereby confirmed and declared, so far as it is within the legislative authority of the Parliament of Canada to do so, to be binding upon the several parties thereto according to the terms thereof. 2. The said Lake Erie and Detroit River Railway Company is hereby authorized to make and enter into the said lease and agreement, and may from time to time, but subject always to the provisions of the said lease, and so that the agreement hereinafter mentioned shall not take effect until after the expiration or other determination of the said lease, enter into any other agreement with the London and Port Stanley Railway Company for the leasing of that company's railway for such term and on such conditions as are agreed upon between the two companies, or for the working of that company's railway, or for running powers over it on such terms and conditions as are agreed upon between the said two companies, or for leasing or hiring from that company any portion of its railway or the use thereof, and generally to make any agreement with that company, if so lawfully authorized, touching the use by one or the other or by both of the said companies of the railway or the rolling stock of either or both or any part thereof, or touching any service to be rendered by the one company to the other and the compensation therefor: Provided always that any such lease or agreement shall be first sanctioned by two-thirds of the votes at a special general meeting of the shareholders, duly called for the purpose of considering it, at which meeting shareholders representing at least two-thirds in value of the stock are present or represented by proxy, and that such agreement has also received the approval of the Governor in Council. 2. Such approval shall not be signified until after notice of the proposed application therefor has been published in the manner and for the time set forth in section two hundred and thirty-nine of The Railway Act, and also for a like period in a 1888, c. 29, s. newspaper in each of the counties through which the railway of the London and Port Stanley Railway Company runs and in which a newspaper is published. 239. Borrowing powers. 3. The said London and Port Stanley Railway Company may borrow from the Corporation of the City of London such sum, not exceeding one hundred and ten thousand dollars, as is necessary to provide the means to pay for the renewal of the 80 bridges bridges and large culverts on the London and Port Stanley Railway, which are now wooden or partly so, in the manner and times provided by the said lease and agreement; and the said London and Port Stanley Railway Company shall be bound to secure to the Corporation of the City of London the moneys advanced by it for the purposes aforesaid, and the interest thereon, by issuing and delivering to the Corporation of the city of London first preferential bonds or debentures of the London and Port Stanley Railway Company to be made payable in ten years from the date of their issue, and to bear interest at the rate of six per cent per annum, payable half yearly, from such date; and such bonds or debentures shall, without formal conveyance or registry, form and be, subject to the existing mortgage bonds or debentures of the said London and Port Stanley Railway Company now held by the Corporation of the City of London, a first preferential charge on the said railway, and the franchise, tolls, revenues and other property of the said London and Port Stanley Railway Company now owned or possessed or hereafter owned or possessed by it; but with respect to the debentures by this section authorized to be issued, such rents and revenues shall be subject in the first instance to the payment of any penalty imposed for noncompliance with the requirements of The Railway Act respecting returns to be made to the minister, and next to the payment of the working expenditure of the railway. SCHEDULE. THIS INDENTURE made the first day of December, A.D. 1893, between The London and Port Stanley Railway Company, of the first part, The Lake Erie and Detroit River Railway Company, of the second part, and the Corporation of the City of London, of the third part. Whereas the said parties of the second part have agreed to work the London and Port Stanley Railway, its plant and appurtenances, upon the terms and conditions hereinafter set forth. Now, this indenture witnesseth: 1. The London and Port Stanley Railway Company hereby give, subject to all the rents, conditions, provisos and agreements hereinafter mentioned, the use, occupation and possession of their line of railway between London and Port Stanley, and such of the appurtenances thereto as are the property of and in the possession of the said parties of the first part, to the parties of the second part, for the period of twenty years from the first day of January, 1894, so that the same shall be worked by the said parties of the second part and all the receipts and earnings shall be collected by the said parties of the second part for their own use and benefit. 2. The said parties of the second part shall, within twentyfour months from the date hereof, put the said line of railway of the said parties of the first part, its road, bridges and rails |