CHAP. 107.

An Act to incorporate the Toronto and Niagara Power

Company.

[Assented to 15th May, 1902.]

WHEREAS the persons hereinafter named have, by their Preamble. petition, prayed that it be enacted as hereinafter set forth, and it is expedient to grant the prayer of the said petition: Therefore His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, declares and enacts as follows:

1. James Ross, of the city of Montreal, William Mackenzie, Incorporaof the city of Toronto, Henry M. Pellatt, Frederick Nicholls tion. and Samuel George Beatty, of the city of Toronto, together with such persons as become shareholders in the company, are incorporated under the name of "The Toronto and Corporate Niagara Power Company," hereinafter called "the Company." name.

2. The works authorized by this Act are declared to be for Declaratory. the general advantage of Canada.

3. The persons named in section 1 of this Act are consti- Provisional tuted the first or provisional directors of the Company.

directors.

4. The capital stock of the Company shall be three million Capital stock. dollars, divided into shares of one hundred dollars each.

5. The head office of the Company shall be at the city of Head office. Toronto, or at such other place in Canada as is from time to time determined by by-law of the Company.

6. The annual general meeting of the shareholders of the Annual Company shall be held on the first Monday in November in meeting. each year, or at such other date as may be fixed by by-law of the Company.

7. At the first meeting of shareholders, and at each annual Election of meeting, the shareholders assembled who have paid all calls

221

due

directors.

Aliens may be shareholders and directors. Qualification of directors.

Motive power.

Water and

steam power.

Hydraulic and electric power.

Power to

connect wires with U. S. companies.

Works for electric power.

due on their shares, shall choose not less than five nor more than seven persons as directors of the Company, the number to be determined by by-law, and a majority of the directors shall form a quorum, and one or more may be paid directors, and the directors may pass by-laws for the conduct of the affairs and business of the Company.

8. Aliens and foreign corporations may, equally with British subjects, become shareholders in the Company, and may vote upon their shares. No person shall be elected a director unless he is a shareholder owning stock absolutely in his own right and not in arrear in respect of any call thereon; and aliens shall have the same rights as British subjects of being directors, but the majority of the directors shall be residents of Canada.

9. The Company may acquire lands and erect, use and manage works, machinery and plant for the generation, transmission and distribution of electric and other power and energy.

10. The Company may acquire and utilize water and steam power for the purpose of compressing air or generating electricity, and may sell, dispose of and distribute the same either as water power or other power or by converting the same into electricity or other force for any purpose for which electricity or other power can be used.

11. The Company may supply hydraulic, electric or other power by means of cables, machinery or other appliances, and at such rates and upon such conditions as are agreed upon, and the Company may contract with any company or person having erected or having power to erect a bridge or viaduct across the Niagara River, for permission, upon such terms as are agreed upon, to carry one or more wires for electric power or other purpose upon and over the said bridge or viaduct towards the United States shore of the Niagara River, and connect the same with the wires of any electric or other company in the United States, for the purpose of enabling the Company to furnish and guarantee continuous power for the uses proposed to be served by the Company, and may contract with such company to work the said electric or other power jointly, or may acquire any existing contract of such character.

12. The Company may acquire, construct, maintain and operate works for the production, sale and distribution of electricity and power, for any purpose for which such electricity or power can be used, and may construct, maintain and operate lines of wire, poles, tunnels, conduits and other works in the manner and to the extent required for the corporate purposes of the Company, and may conduct, store, sell and supply electricity and other power, and may,

with such lines of wire, poles, conduits, motors or other conductors or devices, conduct, convey, furnish or receive such electricity to or from any person, at any place, through, over, along or across any public highway, bridges, viaducts, railways, water courses, or over or under any waters, and may enter upon any lands on either side of such lines or conduits, and fell or remove any trees or limbs thereof, or other obstructions necessary, in the opinion of the engineer of the Company, to guard the safety of such lines or conduits, and the Company may enter upon any private property and survey, set off and take such parts thereof as are necessary for such lines of wire, poles or conduits, and in case of disagreement between the Company and any owner or occupier of lands which the Com- Expropriation pany may take for any of the purposes aforesaid or, in respect powers. of any damages done thereto by constructing the said lines, poles or conduits upon the same, the provisions of The Railway Act hereinafter incorporated, shall apply; but nothing herein contained shall give the Company right to expropriate water powers.

power.

Proviso.

13. The Company may erect poles, construct trenches or Works for conduits and do all other things necessary for the transmission conveying of power, heat or light as fully and effectually as the circumstances of the case may require, provided the same are so constructed as not to incommode the public use of streets, highways or public places or to impede the access to any house or other building erected in the vicinity thereof, or to interrupt the navigation of any waters, but the Company shall be responsible for all damage which it causes in carrying out or maintaining any of its said works.

14. The directors may make and issue as paid up and non- Issue of paid assessable stock, shares in the Company in payment for any up stock. contract, franchise, property, undertaking, privilege, right or power which may be assigned or transferred to it or which it may acquire by virtue of this Act, at such rate as they deem expedient, to engineers or contractors or for right of way, material, plant, buildings or lands, or the construction or equipment of the works or any part thereof, or for services rendered in placing or assisting to place or guaranteeing the placing of any of the shares or other securities of the Company or in or about the promotion of the Company or the conduct of its business.

15. The directors may, from time to time, issue bonds of Bond issue. the Company for the purpose of raising money for prosecuting the said undertaking, but the whole amount of the issue of such bonds shall not exceed in all the sum of one million five hundred thousand dollars, which shall, as therein provided, be a charge upon the works, franchise, plant and undertaking of the Company, and be payable at such times and places and be sold at such price as the directors from time to time deter223 mine,

Stock in other companies.

Telephone and telegraph line.

Surveys.

1888, c. 29.

Fencing of

land.

mine, and the Company may, from time to time, for advances of money to be made thereon, mortgage or pledge any bonds which, under the authority of this Act, they have power to issue.

16. The Company may take and hold stock in any corpor ation created for or engaged in the business of using or supplying water from the Niagara or Welland River, or of any corporation created for or engaged in the use of power, light or heat derived from such water or otherwise, and may hold stock in any corporation which contracts to purchase, lease or use any power or property of the Company, and its stock may also be owned, held and voted upon by any such corporation acquiring such stock.

17. The Company may construct a telephone line and telegraph line in connection with and for the purpose only of its own works and business.

18. The Company may take and make the surveys and levels of the lands through or under which the works of the Company are to pass or to be operated, together with the map or plan thereof, and of the course and direction of the said works and of the lands intended to be passed through or under so far as then ascertained, and also the book of reference for the works and deposit the same as required by The Railway Act with respect to plans and surveys, by sections or portions less than the whole length of the said works, and of such length as the Company from time to time sees fit; and upon such deposit as aforesaid of the map or plan and book of reference of any and each of such sections or portions of the said works all the sections of The Railway Act applicable thereto shall apply to each of such sections or portions of the said works as fully and effectually as if the said surveys and levels had been taken and made of the lands through or under which the whole of the said works are or were to pass, together with the map or plan of the whole thereof, and of their whole course and direction, and as fully as if the book of reference for the whole of the said works had been taken, made, examined, certified and deposited according to the said sections of The Railway Act.

19. The Company shall erect and maintain on each side of expropriated the land expropriated by the Company, fences and gates, as fully as required by The Railway Act, and for this purpose sections 194 to 199 inclusive of The Railway Act shall apply, so far as applicable.

Queen

park.

20. None of the works hereby authorized shall be conVictoria, etc., structed or the powers given by this Act exercised within the present limits of the Queen Victoria Niagara Falls Park except with the consent of the proper authorities.