Issue of bonds and securities increased.

Location of

of foothills.

with the line of railway which the British Pacific Railway Company was authorized to construct, then the powers granted for such construction shall cease and be null and void as respects so much of the said line as then remains uncompleted.

4. In respect of so much of the Company's line as is constructed east of the foot hills of the Rocky Mountains, the issue of bonds, debentures or other securities may be increased to the sum of twenty-five thousand dollars per mile, and on other portions of the Company's line to the sum of thirty-five thousand dollars per mile.

5. For the purposes of the next preceding section, the easterly easterly limit limit of the foot hills of the Rocky Mountains shall be established after the location of the line, and after actual surveys have determined the profile thereof upon such location, and shall be fixed and agreed upon by an engineer of the Company and the chief engineer of the Department of Railways and Canals as a result of such surveys, having regard to the physical features of the country and to the cost of construction, and endeavouring as fairly as possible to determine where the more easy and less expensive work characteristic of prairie construction comes to an end and the more difficult and expensive work characteristic of mountain construction begins; and in case the said engineers differ as to the location of the said easterly limit, the question shall be determined by the Minister of Railways and Canals, whose decision shall be final.

Expropriation of lands.

Lines and wires on highways.

Taking lands of other

companies in

6. Lands or easements actually required for the construction, maintenance and operation of any means of transmission of compressed air, electricity, heat, light or any other form of energy, may be taken and acquired by the Company; and, to this end, after a plan of any such lands or easements required has been approved by the Governor in Council, all the provisions of The Railway Act which are applicable to such taking and acquisition shall, so far as they are applicable thereto, and mutatis mutandis, apply as if they were included in this Act; and all the provisions of The Railway Act which are applicable shall, in like manner, mutatis mutandis, apply to the valuation and payment of the compensation for, or of any damage to lands arising out of such taking and acquisition for the purposes aforesaid, or out of the construction, maintenance and operation of such means of transmission and supply.

2. Section 247 of The Railway Act shall apply to the Company and to any work authorized by this Act.

7. Whenever, in the opinion of the Board of Railway Commissioners for Canada, owing to the configuration of any portion certain cases. of the country through which the Company's line of railway passes, it is impracticable or unduly expensive to build, more

than one line of railway through that portion of country, the provisions of section 176 of The Railway Act shall apply as regards the Company and any other company authorized to construct a line of railway through that portion of country; but nothing in this section of this Act shall be deemed to limit or restrain in any way the application of the said section 176.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty.

CHAP. 106.

An Act respecting the Erie, London and Tillsonburg
Railway Company.

W

[Assented to 3rd April, 1908.]

WHEREAS the Erie, London and Tillsonburg Railway Com- Preamble. pany has by its petition prayed that it be enacted as hereinafter set forth, and it is expedient to grant the prayer 1906, c. 90. of the said petition: Therefore His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

extended.

1. The Erie, London and Tillsonburg Railway Company may Time for commence the construction of its railway, and expend fifteen construction per cent of the amount of its capital stock thereon, within two years after the passing of this Act, and may complete the said railway and put it in operation within five years after the passing of this Act; and if the said railway is not so commenced and such expenditure is not so made, or if the said railway is not completed and put in operation within the said periods respectively, the powers of construction conferred upon the said Company by Parliament shall cease and be null and void as respects so much of the said railway as then remains uncompleted.

OTTAWA; Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty.