Page images
PDF
EPUB

town of Red Deer to such point or points outside the same as may be approved by the Minister of Public Works.

5. The said railway may be carried upon, along and across such public street, roads, highways and bridges as may be convenient, provided that the railway shall not be carried upon, along or across any streets, roads, highways or bridges within the limits of a city or town unless the company has obtained the consent thereto of the municipal council of the corporation in pursuance of an agreement between the company and the corporation ratified by by-law of the council of the corporation or, in case the company and the council shall fail to agree, unless the company has obtained the consent thereto of the Minister of Public Works, who may impose such terms and conditions as he shall see fit:

And provided that the company shall not be entitled to use any of the public streets, roads, highways or bridges within the town of Red Deer for the purposes of a street railway system or otherwise than for its main lines and spurs or switches immediately connected therewith unless it has obtained the consent of the municipal council of the corporation to an agreement between the company and the corporation which agreement shall be referred to the vote of the ratepayers and shall require the approval of a majority of the ratepayers voting thereon, such voting to be had in the same manner and subject to the same provisions as voting upon money by-laws :

And provided further that nothing herein shall be deemed to dispense with the approval of the Minister of Public Works to the plans of the said railway, nor to otherwise dispense with or supercede any of the provisions of The Railway Act with reference to the filing and approval of the plans, profiles and books of reference of such railway.

directors

6. The persons mentioned by name in the first section of Provisional this Act are hereby constituted provisional directors of the said company.

stock

7. The capital stock of the company shall be $100,000.00, Capital 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.

general

8. The annual general meeting of the shareholders shall Annual be held on the third Tuesday in March in each year, or at meeting such time as the company in general meeting may direct.

9. At such meeting, the members of the company present Directors in person or by proxy, who have paid all calls due on their shares, shall choose any number of persons between three and nine to be directors of the company.

Bonds

Company may

enter into

other com

panies

10. The company may issue bonds, debentures or other securities to the extent of fifteen thousand dollars per mile of the railway and branches, 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.

11. The company may enter into an agreement with anagreement with other company or companies for conveying or leasing to such company or companies 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 or companies, 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 twothirds in value of the stock are present in person or represented by proxy, and that such agreement has also received the approval of the Lieutenant Governor in Council.

Loading grain into cars

Facilities

to be afforded other companies

12. The company shall, at all stations upon their railway, always permit the loading of grain into cars from farmers' vehicles or flat warehouses, subject to reasonable regulations to be made by the said company, and shall at all reasonable times afford proper facilities therefor.

13. The company agrees to afford all reasonable facilities to any other railway company for the receiving and forwarding and delivery of traffic upon and from the line of railway belonging to or worked by such companies respectively, and the company shall not make or give undue or unreasonable preference or advantage to or in favor of any particular person or company, or any particular description of traffic in any respect whatsoever, nor shall the company subject any particular person or company, or any particular description. of traffic, to any undue or unreasonable prejudice or disadvantage whatsoever, and the said company shall afford all due and reasonable facilities for receiving and forwarding by its railways all the traffic arriving by such other railway or railways without any unreasonable delay, and without any such preference or advantage or prejudice or disadvantage as aforesaid, so that no obstruction is presented to the public desirous of using such railway as a continuous line of communication and so that all reasonable accommodation by means of the railways of the several companies is at all times afforded to the public in that behalf and any agreement made between the company and any other company or companies contrary to this agreement shall be null and void.

ment of work

14. The construction or acquisition of the works hereby Commenceauthorized shall be commenced within two years, and shall be completed within five years from the date of the coming into force of this Act.

Company to have power to

graph lines, etc

15. The company shall also have power for the purposes of its undertaking to construct and operate an electric tele- operate telegraph line or lines, and a telephone line or lines, along the said railway, and to construct and maintain such bridges as shall be necessary or convenient for the use of the said railway, not being bridges over any navigable rivers or waters, unless such bridge or bridges over such navigable rivers or waters has or have been authorized by the Governor General in Council,

16. The company shall also have power to make an agreement with any power company enabling such power company to construct, maintain and operate any electric power transmission line along, under or over any right of way which may be enjoyed by the company under the provisions of this Act, or of the general Act, and such power company shall have the right to construct, maintain and operate such power transmission line as aforesaid, subject to the terms of such agree

ment.

17. The company shall have power to generate, produce and distribute, and procure from any person or company, light, heat and power in any form, or by any means, and to acquire, construct, lease, dispose of, exchange, operate and maintain power houses, stations, parks, generating plant, production works and such other appliances, devices and works as are necessary or convenient for the generation, production and distribution of any such form or power or service.

contract with

18. No director shall be disqualified by his office from Directors may contracting with the company either as vendor, purchaser, company or otherwise, nor shall any such contract, or any contract or arrangement entered into by or on behalf of the company in which any director is in any way interested, be avoided, nor shall any director so contracting or being interested be liable to account to the company for any profit realized by such contract or arrangement by reason of such director holding that office, or of the fiduciary relation thereby established, but it is declared that the nature of his interest must be disclosed by him at the meeting of the directors at which the contract or arrangement is determined on, if his interest then exists, or in any other case, at the first meeting of directors after the acquisition of his interest.

issue shares

19. The directors of the company may issue shares in the Directors may company, whether subscribed for or not, as paid up or partly

Power to purchase stock

Company's

vehicles to have use of track s

Fai

Company to

collect all

charges

paid up, and may allot and hand over such shares in pay-
ment for the right of way, plant, rolling stock or materials
of any kind, and also for the services of contractors, engin-
eers, or in payment of fees, expenses and disbursements for
procuring the passing of any Act relating to the said com-
pany, and such issue and allotment of stock or shares shall
be binding on the company.

20. The company shall have power to purchase the stock,
shares or other securities. or the property and assets of any
company having objects altogether or in part similar or cog-
nate to those of this company.

21. The vehicles of the company shall have the right to use the tracks of the company as against all other vehicles whatever, and all other vehicles using the said tracks shall turn out of the said tracks and permit the vehicles of the company to pass, and shall in no case and under no pretence whatever, obstruct or hinuer the passage of, and the free use of the said tracks for the vehicles of the said company.

22. The fare shall be due and payable by every passenger on entering the car, and any person who refuses to pay the fare when demanded by the conductor or other person authorized by the company to receive the same and refuses to leave the car when requested to do so by the conductor or such other person shall on summary conviction thereof before a justice of the peace be liable to a fine of not less than ten dollars.

23. The company shall have the power to collect and have power to receive all charges subject to which goods or commodities may come into their possession, and on payment of such back charges and without any formal transfer shall have the same lien for the amount thereof upon such goods or commodities as the person to whom such charges were originally due, and shall be subrogated by such payment to all the rights and remedies of such person for such charges.

24. This Act shall come into force on the day it is assented to.

[ocr errors]

1907

CHAPTER 30.

An Act to Incorporate The Lethbridge Radial Tramway

Company.

(Assented to March 15, 1907).

WHEREAS a petition has been presented praying for the

incorporation of a company to construct and operate a radial tramway as hereinafter set forth, and it is expedient to grant the prayer of the said petition:

Therefore His Majesty, by and with the consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

1. William Henderson, C. F. P. Conybeare, Manfred Freeman, F. H. Mewburn, H. T. Cherry, William Hardy and B. Morton Jones, all of Lethbridge in the Province of Alberta, together with such other persons as may become shareholders of the company hereby incorporated, are hereby constituted a body corporate under the name of "The Lethbridge Radial Tramway Company."

2. The head office of the company shall be in the city of Lethbridge in the Province of Alberta.

3. The company may operate lines of communication for the carriage of passengers and freight by means of electricity or by such motive power except steam as the company may from time to time deem expedient from a point within the city of Lethbridge to:

(a) Any point or points within the town of Raymond;
(b) Any point or points within the village of Stafford;
(c) To any point or points in townships 9 and 10 in
ranges 20 and 21 west of the fourth meridian;

and for such purposes may levy and collect toll from all per-
sons and freight passing over and travelling on the same, and
may acquire a right-of-way by purchase or otherwise and
from time to time lay out, construct and operate a single or
double track tramway or tramways thereon with all neces-
sary switches, sidetracks and turnouts for the passage of
cars, carriages and other vehicles and may establish water
power, or other works to supply electricity for such power or
for the sale of electric power, and for such
such pur-

« EelmineJätka »