An Act to amend the "Crow's Nest and Kootenay Lake
Railway Company Act, 1888."

[20th April, 1891.]

WHEREAS a Petition has been presented by the Crow's Nest and Preamble.

Kootenay Lake Railway Company, praying that the powers of the Company may be increased, the name changed, and the Act of Incorporation amended accordingly:

And whereas it is expedient to grant the prayer of the said Petition:

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

company.

1. Section 1 of the "Crow's Nest and Kootenay Lake Railway Amends section 1. Company Act, 1888," is hereby amended by striking out the words in the Change of name of seventh and eighth lines thereof "the Crow's Nest and Kootenay Lake Railway Company," and inserting in lieu thereof the words "the British Columbia Southern Railway Company," and wherever in the said Act, and the title thereto, the words "the Crow's Nest and Kootenay Lake Railway Company" appear, they shall be struck out and the words "the British Columbia Southern Railway Company" shall be read in lieu thereof.

pard.

2. The said Company may, in addition to the powers already con- Power to build a ferred upon them, lay out, construct, maintain, equip, and operate a line to Fort Shepline of railway from a point on the Lower Kootenay River, thence to the Columbia River, in the neighbourhood of Fort Sheppard, with a branch line to Nelson, viâ Salmon River.

3. The said Company may further lay out, construct, maintain, Power to build from equip and operate a line of railway from the Columbia River, in the Fort Sheppard to Hope and New neighbourhood of Fort Sheppard, by a convenient route, to Hope, on Westminster.

Branch line to
Tobacco Plains.

Not to extend land grant.

B.C. Southern to enjoy same rights and privileges as Crow's Nest and Kootenay.

To be read with former Acts.

Short title.

(AMENDMENT).

the Fraser; thence following the south side of the Fraser River to a favourable place for crossing to the City of New Westminster; thence to a suitable terminus on Burrard Inlet.

4. The said Company may also lay out, construct, maintain, equip and operate a branch line from Elk River to Tobacco Plains, near the 49th parallel.

5. Nothing in this Act contained, shall be construed to increase the rights, powers, and privileges of the Crow's Nest and Kootenay Lake Railway Company, under the "Railway Aid Act, 1890," or to extend the aid granted by the said Act to the lines authorized to be constructed by this Act.

6. All rights, powers, and privileges required by, and all duties and obligations devolving upon, the Crow's Nest and Kootenay Lake Railway Company shall be enjoyed by and devolve upon the British Columbia Southern Railway Company.

7. The Act hereby amended, hereafter to be known as the "British Columbia Southern Railway Company Act, 1888," and an Act passed in amendment thereof in 1890, chap. 63, and this Act, shall be read together as one Act.

8. This Act may be cited as the "British Columbia Southern Railway Act Amendment Act, 1891."

VICTORIA, B. C.:

Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty.

WHEREAS a Petition has been presented praying for the incor- Preamble. poration of a Company for the purpose of constructing, equipping, and maintaining and operating a line of railway from a point on the Fraser River, at or near the town of Liverpool, thence to run in a westerly direction, through the Delta of the Fraser, to a point on or near the Fraser River in the vicinity of Canoe Pass, and to construct, equip, maintain and operate branches therefrom to a point near Ladner's Landing, on the Fraser River:

And whereas it is expedient to grant the prayer of the said Petition:

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. Henry Valentine Edmonds, of the City of New Westminster; Incorporation. George F. Chipman, of the City of Vancouver; William H. Ladner, of Ladner's Landing; Albert J. Hill, of the City of New Westminster; Archibald M. Robertson and A. St. George Hamersley, of the City of Vancouver, all in the Province of British Columbia, and Dominion of Canada, and all such persons as may become shareholders in the Company hereby incorporated, are hereby constituted a body corporate and politic, under the name of "The Liverpool and Canoe Pass Railway Company," hereinafter called "the Company."

2. The capital stock of the Company shall be one million dollars, to Capital stock. be divided into shares of one hundred dollars each; and the money so raised shall be applied in the first place to the payment of all expenses and disbursements connected with the organization of the Company and preliminary expenses, and making the plans and estimates con

Provisional Direct

ors.

Head office.

Notice of meeting.

Annual meetings.

Power to hold lands.

Power to construct telegraph and telephone lines.

Power to drain marsh lands.

Power to make agreements with other companies.

(INCORPORATION).

nected with the works hereby authorized, and the remainder of such money shall be applied to the making, equipping, completing, and maintaining of the said railway and other purposes of this Act.

3. The persons named in the first section of this Act, shall be and are hereby constituted Provisional Directors of the Company, of whom four shall form a quorum for the transaction of business, and they shall hold office until the first election of Directors under this Act, and shall have power to open stock books and procure subscriptions of stock for the undertaking, and to proceed with all necessary preliminary undertakings, and to cause plans and surveys to be made.

4. The head office of the Company shall be in the City of Vancouver, or at such other place in the Province as the Company may from time to time appoint.

5. The first general meeting of shareholders shall be held in the City of Vancouver, for the purpose of electing Directors, by giving at least two weeks' notice by public advertisement in the British Columbia Gazette and in some daily newspaper published in the said city.

6. The subsequent annual general meetings of shareholders shall be held at such times as may be determined by the by-laws of the Company.

7. The Company may receive, acquire, and hold grants of land for the purposes of the Company, and may also purchase or lease any land grants or privileges for the same purposes.

8. The Company may construct and operate electric telegraph and telephone lines along and in connection with the railway, and may construct elevators, wharves, warehouses, and other buildings, as may be found requisite for carrying on the traffic of the Company.

9. The Company may drain any marsh or flooded lands which may be granted or leased to the Company from time to time, provided such works of drainage shall not interfere with vested rights.

10. The Company may enter into an agreement with any other company, whose line of railway connects with the railway, for conveying or leasing to such company the railway of the Company, in whole or in part, or any rights or powers acquired under this Act, subject to such terms and conditions as the Directors of the Company deem fit; provided that the said conveyances, leases, and agreements have been first sanctioned by a majority of the vote of the shareholders present in person, or represented by proxy, at any regular or special meeting held under the conditions of this Act. And the Company shall have power to lease other connecting railway lines, or parts thereof, under similar conditions,

(INCORPORATION).

bonds.

11. The Directors of the Company, under authority of the share- Power to issue holders to them given by resolution at any general or special meeting called for that purpose, at which meeting shareholders representing at least two-thirds in value of the subscribed stock of the Company are present, or represented by proxy, may issue bonds, under the seal of the Company, signed by the President or other presiding officer, and countersigned by the Secretary or Treasurer, and such bonds may be payable at such time, and in such manner, and at such place or places in Canada or elsewhere, and bearing such rate of interest, as the Directors may think proper; and the Directors shall have power to issue and sell or pledge all or any of the said bonds at the best price, and upon the best terms and conditions, which at the time they are able to obtain, for the purpose of raising money for prosecuting the said undertaking.

12. Notwithstanding anything in this Act contained, the Company Power to mortgage. may secure the bonds to be issued by them by mortgage deed creating such mortgage, charges, and incumbrances upon the whole or any part of such property, assets, and revenues of the Company, present or future, or both, as shall be described in such deed; but such rents and revenues shall be subject in the first instance to the payment of the working expenses and proper maintenance of the railway; and the said deed of the Company may grant to the holders of such bonds, or to the trustee or trustees named in such deed, all and every the powers and remedies granted by this Act, as the case may be; and all such powers, rights, and remedies as shall be contained in such mortgage deed shall be valid and binding, and available to the bondholders in such manner and form therein provided.

13. The bonds hereby authorized to be issued shall be taken and Bonds to be deemed considered to be the first preferential claim and charge upon the Com- preferential claims. pany, and the franchise, undertaking, tolls, and income, and real and personal property thereof, now or at any time hereafter acquired, save and except as provided in the next preceding section; and each holder of the said bonds shall be deemed to be a mortgagee or incumbrancer upon the said securities pro rata with all other bondholders; and all the proceedings upon the bonds shall be taken through the trustee or trustees regularly appointed.

14. If the Company shall make default in paying the interest or Default in payment of interest not to inprincipal of any bonds hereby authorized at the time when the same capacitate bondshall by the terms of the bonds become due and payable, then at the holders from voting. next annual general meeting of the Company, and at all subsequent general meetings, all holders of bonds being and remaining in default shall, in respect thereof, have and possess the same rights and privileges and qualifications for Directors, and for voting at general meetings, as