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CHAP. 57.

An Act to incorporate the Burrard Inlet and Westminster Valley Railway Company.

[Assented to 31st July, 1891.]

HEREAS a petition has been presented praying for the Preamble. incorporation of a Company to construct a railway as hereinafter set forth, 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:

1. Alexander Ewen and Benjamin Douglas, both of the Incorporacity of New Westminster, in the Province of British Columbia, tion. and David L. Lockerby, of the city of Montreal, in the Province of Quebec, together with such persons as become shareholders in the Company hereby incorporated, are hereby constituted a body corporate under the name of "The Burrard Corporate Inlet and Westminster Valley Railway Company," hereinafter name. called the Company.

2. The head office of the Company shall be in the city of Head office. New Westminster.

way describ

3. The Company may lay out, construct and operate a rail- Line of railway of the gauge of four feet eight and one-half inches, from a ed. point on the international boundary line, in township sixteen, New Westminster district, thence in a north-westerly direction to a point on the north side of the Fraser river, and a branch line from such point on the north side of the Fraser river to

a point on Burrard inlet; and the works hereby authorized Declaratory. are declared to be works for the general advantage of Canada.

Fraser River.

4. The Company may, in connection with their railway, con- Ferry over struct, acquire, maintain and employ steam ferry boats to ply across the Fraser river for the purpose of carrying cars, freight, and passengers.

Bridge over

5. The Company may also lay out, construct, complete, Fraser river. maintain, work, manage and use a bridge for railway purposes, with the necessary approaches, over the Fraser river at some suitable point between the eastern end of Douglas island and Lulu island, and may connect the same with any railways or street railways in the said New Westminister district :

Lights on bridge.

Plans of

bridge, &c., to

Council.

2. From sundown until sunrise, lights shall always be maintained by the Company on the piers of the bridge, to guide vessels approaching it from either direction.

6. The Company shall not commence the bridge or any be submitted Work thereunto appertaining, until it has submitted, to the to Governor in Governor in Council, plans of such bridge and of all the intended works thereunto appertaining, nor until the plans and site of such bridge have been approved by the Governor in Council, and such conditions as he thinks fit for the public good to impose, touching the said bridge and works, have been complied with; nor shall any such plans be altered, or any deviation therefrom allowed, except with the permission of the Governor in Couneil, and upon such conditions as he imposes.

Power to unite with other companies in

7. The Company may, after obtaining the sanction of the Governor in Council in the manner provided in section two constructing hundred and thirty-nine of "The Railway Act," and subject and working to the provisions contained in sections eight and nine of this Act, bridge, &c. unite with any other company or bridge company or street railway company incorporated under the laws of Canada or of the Province of British Columbia, or with any body corporate, in building the said bridge and approaches, and in maintaining, working, managing and using the same, and may enter into any agreement with such company or corporation respecting the construction, maintenance, management and use thereof.

Use of bridge.

No discrimination.

Disagree

ments as to tariff rates

with other companies.

8. So soon as the bridge is completed and ready for traffic, all trains and cars of all railways and all street railways connecting with the same, now constructed or hereafter to be constructed, and also the trains and cars of all companies and street railway companies, whose lines connect with the line of any company or street railway company so connecting with the said bridge and approaches, shall have and be entitled to the same and equal rights and privileges in the passage of the said bridge, so that no discrimination or preference in the passage of the said bridge and approaches, or in tariff rates for transportation, shall be made in favour of or against any railway or street railway whose business or trains or cars pass over the said bridge.

9. In case of any disagreement as to the rights of any railway company or street railway whose business or trains or cars pass over the bridge, or as to tariff rates to be charged in respect thereof, the same shall be determined by the Railway Com

eleven of

mittee of the Privy Council, as provided in section "The Railway Act.”

10. The persons mentioned by name in the first section of Provisional this Act are hereby constituted provisional directors of the directors. Company.

11. The capital stock of the Company shall be five hundred Capital stock. thousand dollars, and may be called up by the directors from time to time, as they deem necessary; but no one call shall exceed ten per cent on the shares subscribed.

eral meeting.

12. The annual general meeting of the shareholders of the Annual genCompany shall be held on the first Monday in September in each year.

13. At such meeting the subscribers for the capital stock Directors. assembled, who have paid all calls due on their shares, shall choose five persons to be directors of the Company, one or more of whom may be paid directors of the Company.

bonds, &c.,

14. The Company may issue bonds, debentures or other Amount of securities to the extent of twenty thousand dollars per mile of limited. the railway and branches, either exclusive or inclusive of any railway bridge over the Fraser river, constructed as part thereof, and of any steam ferry boats constructed or acquired, and secured by a deed of mortgage describing clearly the property charged as security for such bonds or debentures; and such bonds, debentures or other securities may be issued only in proportion to the length of railway constructed or under contract to be constructed; and such bonds shall be designated Series A. as "series A"; and in addition thereto, bonds to an amount not exceeding five hundred thousand dollars may be issued in aid of the construction of the bridge and steam ferry boats herein before mentioned, if such bridge and steam ferry boats are so excluded from such charge, and shall be designated as "series B," and shall in like manner be secured by a deed of Series B. mortgage specifying the security therefor; and such last mentioned deed of mortgage may contain provisions that all tolls and revenues derived from the use of such bridge or steam ferry boats, by other corporations and persons, shall be specially charged and pledged as security for such last mentioned bonds constituting "series B," and may also provide that the Company shall pay, to the trustees of such mortgage, similar rates and tolls to those fixed for the use of such bridge or steam ferry boats by similar corporations,-which rates and tolls shall also be charged as security for the said bonds, "series B."

for construc

15. The bridge shall be commenced within three years and Limit of time completed within five years from the passing of this Act; tion of works.

Agreement

company.

otherwise the powers granted under section five of this Act shall cease and be null and void.

16. The Company may enter into an agreement with the with another Canadian Pacific Railway Company or the New Westminister Southern Railway Company for conveying or leasing to such company the railway of the Company hereby incorporated, in whole or in part, or any rights or powers acquired under this Act, as also the surveys, plans, works, plant, material, machinery and other property to it belonging, or for an amalgamation with such company, on such terms and conditions as are agreed upon, and subject to such restrictions as to the directors seem fit; provided that such agreement has been first sanctioned by twothirds of the votes, at a special general meeting of the shareholders duly called for the purpose of considering the same,at which meeting shareholders representing at least two-thirds in value of the stock are present in person or represented by proxy, and that it has also received the approval of the Governor in Council :

Approval of

shareholders

and of Gover nor in Council.

Notice of ap plication for approval.

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 one newspaper in each of the counties through which the railway of the Company hereby incorporated runs and in which a newspaper is published.

OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.

CHAP. 58.

An Act to incorporate the Rocky Mountain Railway and Coal Company.

WH

[Assented to 31st July, 1891.]

WHEREAS a petition has been presented praying for the Preamble. incorporation of a company to construct and operate a railway as hereinafter set forth, and it is expedient to grant the prayer of the said petition: Therefore Her Majesty, by and with the consent of the Senate and House of Commons of Canada, enacts as follows:

tion.

1. Peter McCarthy and John Ryan Costigan, advocates, all Incorporaof the town of Calgary, in the district of Alberta, Walter Reginald Baker, of the city of Winnipeg, in the Province of Manitoba, and Isaac K. Kerr, of Eau claire, in the State of Wisconsin, lumberman, together with such persons as become shareholders in the company hereby incorporated, are hereby constituted a body corporate, under the name of the Rocky Mountain Railway Corporate and Coal Company, hereinafter called "the Company."

name.

2. The head office of the Company shall be in the town of Head office. Calgary.

3. The Company may lay out, construct and operate a rail- Line of railway of the gauge of four feet eight and one-half inches, from way. a point on the line of the Canadian Pacific Railway at or near the town of Anthracite; thence running in a northerly direction about eight miles to the Cascade river; thence following the valley of the Cascade river about fifteen miles; thence in a northerly direction about fifteen miles to the south forks of the Red Deer river; thence in an easterly direction, following down the said south forks about twelve miles to the Red Deer Forks coal mines.

4. The persons mentioned by name in the first section of Provisional this Act are hereby constituted provisional directors of the directors. Company.

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