CHAP. 99. ing such issue being withdrawn or paid off and duly cancelled; and the limit to the amount of bonds, debentures or other securities fixed in the special Act shall not be exceeded. R. S., c. 53, s. 7, (11). R. A., s. 93.

Mortgage deed

&c.

90.-(1.) The company may secure such bonds, debentures to secure bonds, or other securities, by a mortgage deed creating such mortgages, charges and incumbrances upon the whole of such property, assets, rents and revenues of the company, present or future or both, as are described in the said deed; but such rents and revenues shall be subject in the first instance working expen- to the payment of any penalty imposed for non-compliance with the requirements of this Chapter respecting returns to be made to the Commissioner, and next to the payment of the working expenditure of the railway.

Penalties and

diture to be a

first charge.

Powers which

by deed.

(2.) By the said deed the company may grant to the holders may be granted of such bonds, debentures, or other securities, or the trustees named in such deed, all and every the powers, rights and remedies granted by this Chapter in respect to the said bonds, debentures, or other securities, and all other powers, rights and remedies not inconsistent with this Chapter, or may restrict the said holders in the exercise of any power, privilege or remedy granted by this Chapter, as the case may be ; Validity of deed, and all the powers, rights and remedies so provided for in such mortgage deed shall be valid and binding and available to the said holders in manner and form as therein provided.

Deposit of deed.

Bonds, &c., to be a preferential claim on the undertaking.

mortgagee.

(3.) Every such mortgage deed shall be deposited in the office of the Provincial Secretary-of which deposit notice shall be given by the company in the Royal Gazette. s. 94.

R. A.,

91.-(1.) The bonds, debentures, or other securities, by this Chapter authorized to be issued, shall be taken and considered to be the first preferential claim and charge upon the company, and the franchise, undertaking, tolls and income, rents and revenues, and real and personal property thereof, at any time acquired, save and except as provided for in the next preceding section.

Holder to be a (2.) Each holder of the said bonds, debentures, or other securities, shall be deemed to be a mortgagee or incumbrancer upon the said securities pro rata with all the other holders; and no proceedings authorized by law or by this Chapter shall be taken to enforce payment of the said bonds, debentures, or other securities, or of the interest thereon, except through the trustee or trustees appointed by or under such mortgage deed. R. A., s. 95.

holders in case of non-payment.

92.-(1.) If the company makes default in paying the CHAP. 99. principal of or interest on any of the bonds, debentures of Powers of other securities, hereby authorized, at the time when the same, by the terms of the bond, debenture, or other security, becomes due and payable, then at the next annual general meeting of the company, and at all subsequent meetings, all holders of bonds, debentures, or other securities, so being and remaining in default shall, in respect thereto, have and possess the same rights and privileges and qualifications for being elected directors and for voting at general meetings as would attach to them as shareholders if they held fully paid-up shares of the company to a corresponding amount.

defined.

(2.) The rights given by this section shall not be exercised Rights of holders by any such holder unless it is so provided by the mortgage deed, nor unless the bond, debenture, or other security in respect to which he claims to exercise such rights has been registered in his name, in the same manner as the shares of the company are registered, at least ten days before he attempts to exercise the right of voting thereon; and the Registration. company shall be bound on demand to register such bonds, debentures, or other securities, and thereafter any transfers thereof, in the same manner as shares or transfers of shares. (3.) The exercise of the rights given by this section shall certain rights not take away, limit or restrain any other of the rights or remedies to which the holders of the said bonds, debentures, or other securities are entitled under the provisions of such mortgage deed. R. A., s. 96.

not affected.

bonds, &c.

93. All bonds, debentures or other securities hereby Transfer of authorized may be made payable to bearer, and shall in that case be transferable by delivery, until registration thereof as in this Chapter provided, and when so registered they shall be transferable by written transfers, registered in the same manner as in the case of the transfer of shares. R. S., c. 53, s. 7, (11). R. A., s. 97.

notes may be

94. The company may become party to promissory notes Promissory and bills of exchange for sums not less than one hundred issued. dollars; and every such note or bill made, drawn, accepted or indorsed by the president or vice-president of the company, or other officer authorized by the by-laws of the company, and countersigned by the secretary, shall be binding on the company; and every such note or bill of exchange so made, drawn, accepted or indorsed, shall be presumed to have been made, drawn, accepted or indorsed with proper autho- No seal required. rity until the contrary is shown; and in no case shall it be necessary to have the seal of the company affixed to such

CHAP. 99. promissory note or bill of exchange, nor shall the president

As to lands vested in Her Majesty.

or vice-president or secretary or other officer so authorized be individually responsible for the same, unless such promissory note or bill has been issued without proper authority. R. A., s. 98.

POWER TO TAKE OR USE LAND AND MATERIALS DEFINED AND LIMITED.

95. No company shall take possession of, use or occupy any lands vested in Her Majesty, without the consent of the Governor-in-Council; but with such consent, any such company may, upon such terms as the Governor-in-Council prescribes, take and appropriate, for the use of its railway and works, but not alienate, so much of the lands of the Crown lying on the route of the railway as have not been granted or sold, and as is necessary for such railway, as also so much of the public beach, or of the land covered with the waters of any lake, river, stream or canal, or of their respective beds, as is necessary for making and completing Lands vested in and using its said railway and works; and whenever any special purposes. such lands are vested in Her Majesty for any special purpose, or subject to any trust, the compensation money which the company pays therefor shall be held or applied by the Governor-in-Council for the like purpose or trust. R. S., c. 53, s. 7, (3). R. A., s. 99.

Her Majesty for

As to lands of of other companies, &c.

96. A company may, for the purpose of obtaining a right of way over or through lands owned or occupied by any other company, and for obtaining the use of the tracks, stations or station grounds of another company, or for the purpose of constructing and operating its railway, take possession of, use or occupy any lands belonging to any other railway company, with the approval of the Governor-inCouncil, which approval the Governor-in-Council may give on any application of which such other company has, in the Orders may be opinion of the Governor-in-Council, had reasonable notice. On any such application, the Governor-in Council may make such orders and give such directions as to it appears just or in the public interest; and all the provisions of the law at any time applicable to the taking of lands and their valuation, and the compensation therefor, and appeals from awards. thereon, shall apply to such lands. R. S., c. 53, s. 7 (14). R. A., s. 102.

made in such

case.

Certain

provisions to apply.

Extent of land that may be

taken.

97. The lands which may be taken without the consent of the owner thereof shall not exceed thirty-three yards in breadth, but in places where the railway is raised more than five feet higher or cut more than five feet deeper than the surface of the line, or where offsets are established, or where

stations, depots or fixtures are intended to be erected, or CHAP. 99. goods to be delivered, the lands which may be taken without

the consent of the owner shall not be more than six hundred

and fifty yards in length by one hundred yards in breadth, Exception. except where more ample space for the accommodation of the public, or of the traffic on the railway, or for protection against snow drifts, is required-in which cases such greater quantity of land or land covered with water may be taken as the Commissioner authorizes. R. S., c. 53, ss. 9, (1) and 10. R. A., s. 103.

shown on map or

98. The places at which such extra breadth is to be Extra land to be taken shall be shown on the map or plan, so far as the same plan. are then ascertained, but the fact of their not being so shown shall not prevent such extra breadth from being taken, if it is taken upon the line shown, or within one mile thereof, or within such further distance from such line as is prescribed in the special Act. R. S., c. 53, s. 9, (1). R. A., s. 104.

99. The extent of the public beach, or of the land Public beach, &c. covered with the waters of any river or lake, taken for the railway, shall not exceed the quantity hereinbefore limited. R. S., c. 53, s. 9, (2). R. A., s. 105.

obtaining extra

purposes.

100. Whenever any company requires, at any place on Proceedings for the line of its railway, more ample space for the convenient land for certain accommodation of the public or of the traffic on the railway, or for protection against snow drifts, than it then possesses or can take without the consent of the owners thereof, the company may cause a map or plan and book of reference to be made of the additional lands required at such place for the purposes aforesaid. R. S., c. 53, s. 10. R. A., s. 106.

to the Com

101. The company may transmit the map or plan and Application the book of reference to the Cominissioner with an applica- missioner. tion, on behalf of the company, supported by affidavit, referring to such map or plan and book of reference, and stating that certain lands shown therein are necessary for such purposes, and that no other land suitable for such purposes can be acquired at such place on reasonable terms and with less injury to private rights, and requesting the Commissioner to authorize the taking thereof for such purposes under this Chapter. R. S., c. 53, s. 10. R. A., s. 107.

and certificate to

to Commissioner.

102. At least ten days' notice of such application shall Notice to owner be given to the owner or possessor of such property; and the be transmitted correctness of the map or plan and book of reference, and the truth of the allegations in such application, shall be certified by the president or one of the directors of the

CHAP. 99. company, or by its general manager, and by its engineer, and such map or plan and book of reference and statement shall be made and transmitted to the Commissioner in duplicate. R. S., c. 53, s. 10. R. S., c. 53, s. 10. R. A., s. 108.

Commissioner

may grant the

inquiry.

103. The Commissioner shall inquire into the correctapplication after ness of the map or plan and book of reference and the truth of the allegations of such application, and, if he is satisfied thereof, shall grant a certificate to that effect, and declaring it to be necessary in the public interest that the land shown on such map or plan and book of reference, or any less quantity, should be acquired by the company; and such certificate shall be annexed to one of the duplicates of the said map or plan and book of reference and statement, and the other duplicate shall remain in the office of the Commissioner. R. S., c. 53, s. 10. R. A., s. 109.

Deposit of copy of plan, &c.

Powers of company on the granting of certificate.

Lands may be acquired for

repairing rail

way

104. A copy of the duplicate of such map or plan and book of reference and statement and of such certificate shall be deposited in the office of the registrar of deeds for the registration district in which the lands lie. R. S., c. 53, s. 10. R. A., s. 110.

105. Upon the granting of such certificate, and by virtue thereof, the company may, without the consent of the owners, take the land shown on such map or plan and book of reference as required for such purposes; and the company and all persons who could not otherwise convey the same to the company, shall have, with respect to any such land, all the powers granted by this Chapter to companies and persons who could not otherwise convey the same, with respect to lands which may be taken without the consent of the owners thereof; and all the provisions of law at any time applicable to the taking of land by the company and its valuation and the compensation therefor shall apply to the lands mentioned in such certificate. R. S., c. 53, s. 12. R. A., s. 111.

106. The company, either for the purpose of constructing constructing or or repairing its railway, or for the purpose of carrying out the requirements of the Governor-in-Council, or in the exercise of the powers conferred upon it by the Governor-inCouncil, may enter upon any land which is not more than two hundred yards distant from the centre of the located line of the railway, and may occupy the said land as long as is necessary for the purposes aforesaid; and all the provisions. of law at any time applicable to the taking of land by the company, and its valuation, and the compensation therefor, shall apply to the case of any land so required; but before