Contract for be made with 54-55 VICTORIA. CHAP. 81. An Act respecting the Winnipeg and Hudson Bay H [Assented to 28th August, 1891.] ER Majesty, by and with the advice and consent of the follows: 1. In order to enable the Winnipeg and Hudson Bay Railtransport may way Company to construct so much of their railway as reaches the company. from the city of Winnipeg to a point on the Saskatchewan river, the Governor in Council may enter into a contract with such Company for the transport of men, supplies, materials and mails for twenty years, and may pay for such services during the said term eighty thousand dollars per annum, in manner How consider following, that is to say: the sum of eighty thousand dollars ation may be to be paid annually on the construction of the railway from the end of the forty miles of the railway now built to a point on the Saskatchewan river,-such payment to be computed from the date of the completion of the railway between the city of Winnipeg and a point on the Saskatchewan river: Provided, that the Governor General in Council may order such sums to be paid in semi-annual instalments, and may permit the Company to assign the same by way of security for any bonds or securities issued by the Company in respect of the Company's undertaking. paid. Payable out 2. Such sums shall be paid out of any unappropriated moneys of Con. Rev. forming part of the Consolidated Revenue Fund of Canada. Fund. Obligation to be entered into by company. 3. In contracting with the Company for the aid given in accordance with the first section of this Act, the Governor in Council shall take from the Company an obligation for the transport of men, materials, supplies and mails for twenty years on the Company's line between Winnipeg and the terminus on the Saskatchewan river in consideration of the said aid; and the Governor in Council shall stipulate that, in case the amount so earned by the Company by transport aforesaid does not amount to be amount to the sum to be paid by the Government, the defi- Unearned ciency shall form a lien on one-third of the land grant which a lien on land may be earned by the Company on the line between the end of grant. the forty miles of the said railway as now constructed and the Saskatchewan river. line south of 4. The line of railway to be constructed by the said Com- Location of pany south of the Saskatchewan river shall not be commenced Saskatcheuntil the location thereof shall have been approved by the wan. Governor in Council. OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most Preamble. 49 V., c. 75 (Ont.) Declaratory. Incorporation. 54-55 VICTORIA. CHAP. 82. An Act respecting the Ontario and Rainy River Railway Company. [Assented to 31st July, 1891.] WHEREAS the Ontario and Rainy River Railway Company, hereinafter called the Company, was incorporated by an Act of the Legislature of the Province of Ontario, passed in the forty-ninth year of Her Majesty's reign, chapter seventy-five, intituled "An Act to incorporate the Ontario and Rainy River Railway Company;" and whereas the Company is authorized to build its railway from the town of Port Arthur in a westerly direction (touching the village of Fort William) to or near White Fish lake, thence northwesterly to some point on Rainy river, between Fort Frances and the mouth of the said river; also to construct and operate a branch thereof from a point at or near the crossing of the lines of latitude forty-nine and longitude ninety-three, in a north-westerly direction to the village of Rat Portage; and whereas the Company, by its petition, has prayed that an Act be passed declaring it to be a body corporate and politic within the jurisdiction of the Parliament of Canada; also confirming certain agreements made between the Company and "The Port Arthur, Duluth and Western Railway Company," respecting running powers over the latter Company's railway; also empowering the Company to build certain branch lines and a railway bridge across the Rainy river into the State of Minnesota; and also extending the time for the construction of the Company's railway; 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. The Ontario and Rainy River railway is hereby declared to be a work for the general advantage of Canada. 2. The Ontario and Rainy River Railway Company is hereby declared to be a body corporate and politic within the under Ontario Act confirmed. Act to apply. legislative authority of the Parliament of Canada, for all and every the purposes mentioned in, and with all and every the franchises, rights, powers, privileges and authorities conferred Powers, &c., upon it by virtue of the said recited Act of the Legislature of the Province of Ontario, but subject to all debts, obligations or liabilities of the Company, and to any rights in any suit or action now pending in any courts of Ontario: Provided that "The Railway Act" of Canada shall apply instead of "The Railway Act of Ontario" to all matters and things to which The Railway "The Railway Act" of Canada would apply if the Company had originally derived its authority to construct and operate its railway from the Parliament of Canada, and as though it were a railway constructed or to be constructed under the authority of an Act passed by the Parliament of Canada; and for greater certainty, but not so as to restrict the generality of the foregoing terms, "The Railway Act" shall apply to all provisions relating to the exercise of the powers for the expropriation of lands, and for borrowing money; and also that all notices by the said recited Act required to be published in the Ontario Gazette, shall hereafter be sufficient if published in the Canada Gazette and not in the Ontario Gazette. 3. Notwithstanding anything contained in the Act incor- Time for comporating the Company, the time limited for the completion of pletion of Railway. the Ontario and Rainy River railway is hereby extended for a period of seven years from the passing of this Act; and if the railway is not then so completed, then the powers granted by such Act and by this Act shall cease and be null and void as respects so much of the railway as then remains uncompleted. 4. The Company may lay out, construct and operate a Branch lines. branch line of railway from the eastern end of Basswood lake, in a north-westerly direction, to the nearest point on the Company's main line of railway; also a branch from the southeastern end of Kashaboiwe lake, in a south-western direction, to the nearest point on the Company's main line of railway; and the said branches shall be completed within seven years from the passing of this Act; otherwise the powers granted for the construction of such branches shall cease and be null and void, as respects so much of the said branches as then remain uncompleted. lines. 5. The Company may issue bonds, debentures or other Debentures securities to the extent of twenty thousand dollars per mile of for branch the branch lines mentioned in the next preceding section; and such bonds, debentures or other securities may be issued only in proportion to the length of such branch lines constructed or under contract to be constructed. 6. The two several agreements between the Port Arthur, Agreements Duluth and Western Railway Company, and the Ontario and with Port Ar thur, Duluth and Western Railway Co. ratified. Railway bridge across Rainy River Railway Company, bearing date, respectively, the ninth day of November, one thousand eight hundred and eighty-nine, and the ninth day of August, one thousand eight hundred and ninety, and set out in the schedule hereto, are hereby ratified, confirmed and declared to be binding on each of the said companies from the respective dates of the said several agreements, and each of the companies, the parties thereto, may do whatever is required to give effect to the substance and intention of the said several agreements. 7. The Company may lay out, construct, complete, maintain, Rainy River. Work, manage and use a railway bridge, with the necessary approaches, across the Rainy river, from some point between Fort Frances and the mouth of the said river, in the District of Rainy River, to some convenient point on the opposite side of the said river, in the State of Minnesota, one of the United States. Approval of 8. The Company shall not commence the actual construcUnited States. tion of the said bridge until an Act of the Congress of the United States, or an Act of the Legislature of the State of Minnesota has been passed, authorizing or approving the bridging of the said river, nor until the Executive of the United States has consented to and approved such bridging. Plans of bridge to be submitted to Governor in Council. Navigation protected. Union with 9. The Company shall not commence the bridge or any work thereunto appertaining, until it has submitted to the 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 upon permission of the Governor in Council and upon such conditions as he imposes: Provided always, that from sunset to sunrise, during the season of navigation, suitable lights shall be maintained upon the said bridge, to guide vessels approaching the same. 10. The Company may, after obtaining the sanction of the Governor in Council, in the manner provided in section two hundred and thirty-nine of "The Railway Act," and subject to the provisions contained in sections eleven and twelve of this Act, (a.) Unite with any other company incorporated in and under the laws of the State of Minnesota, or of the United States, in building the bridge and its approaches, and in working, managing, maintaining and using the same, and may enter into any agreement with such company respecting the construction, maintenance, management and use of the said bridge and its appurtenances; |