(INCORPORATION). any of them, may be varied or modified by the provisions of this Act or repugnant thereto: sections 26, 29, 30, 31, 32, 33, 34, 36, 37, 69, 70, 71, 72, 73, 74, 76, 78, and 79, but in section 69 in lieu of the word "Bank" and next following words, there shall be read the "Treasury of British Columbia, to the account of the District Registrar of the Supreme Court of British Columbia;" and in section 70 and said subsequent sections, in lieu of the words "Court of Chancery in England," there shall be read the "Supreme Court of British Columbia;" and in sections 71, 73, and 76, in lieu of the word "Bank," there shall be read the "Treasury of British Columbia, to the account of the District Registrar of the Supreme Court of British Columbia;" in section 18 by striking out the words "except such as relate to the filing of plans and publications of notice," in the sixth and seventh lines of the said section. 17. The works upon the main line of the said tramway shall be Commencement and commenced within two years and completed within four years from completion. the passing of this Act. to gravel lands. 18. Whenever any gravel, stone, earth, sand or water is taken as Power to lay sidings aforesaid at a distance from the line of the tramway, the Company may lay down the necessary sidings, water pipes or conduits, and tracks, over or through any lands intervening between the tramway and the lands on which such material or water is found, whatever is the distance, and all the provisions of this Act, except such as relate to the filing of plans and publication of notice, shall apply, and the powers thereby granted may be used and exercised to obtain the right of way from the tramway to the land on which such materials are situated; and such right may be acquired for a term of years, or permanently, as the Company thinks proper; and the powers in this and the next preceding section contained, may at all times be exercised and used in all respects after the tramway is constructed, for the purpose of repairing and maintaining the tramway. President and Directors. stock. 19. The Directors shall make by-laws for the management and By-laws for the disposition of the stock, property, business and affairs of the Company, management of not inconsistent with the laws of British Columbia, and for the appointment of all officers, servants, and artificers, and prescribing their respective duties. Calls. 20. The Directors may from time to time make such calls of money Calls. not exceeding twenty per cent. of the amount of the share upon the respective shareholders in respect of the amount of capital respectively subscribed or owing by them as they deem necessary, and at least thirty days' notice shall be given of each call. Dividends. Power to increase stock. Limited liability. Stock to be deemed personal estate. Carriage of danger (INCORPORATION). (1.) Every shareholder shall be liable to pay the amount of the call so made in respect of the shares held by him to the persons and at the times and places from time to time appointed by the Company or by the Directors. (2.) If on or before the day appointed for payment of any call any shareholder does not pay the amount of such call he shall be liable to pay interest for the same at the rate of twelve per centum per annum from the day appointed for the payment thereof to the time of the actual payment. Dividends and Interest. 21. At the annual general meeting of the shareholders of the Company from time to time holden, a dividend shall be declared out of the clear profits of the undertaking, unless such meeting decide otherwise. (1.) No dividends shall be declared whereby the capital of the Company is in any degree reduced or impaired or be paid out of such capital, nor shall any dividend be paid in respect of any share after a a day appointed for payment of any call for money in respect thereof, until such call has been paid. Increase of Stock. 22. The original capital stock of the Company may be increased from time to time to any amount if such increase is sanctioned by a vote of a majority of the shareholders who hold at least two-thirds in amount of the subscribed stock of the Company, at a meeting expressly called by the Directors for that purpose, by giving the notice prescribed by section 10 of this Act, and the proceedings of such meeting shall be entered in the minutes of the proceedings of the Company, and thereupon the capital stock may be increased to the amount sanctioned by such vote. 23. The liability of the members of the Company shall be limited to the amount, if any, unpaid on the shares respectively held by them. 24. The stock of the Company shall be deemed personal estate, and shall be deemed transferable in such manner as the Directors shall by by-laws direct. 25. No passenger shall carry, or require the Company to carry ous goods prohibited upon its tramway, aquafortis, oil or vitriol, gunpowder, nitro-glycerine or any other goods which, in the judgment of the Company, are of a dangerous nature; and every person who sends by the tramway any such goods without, at the time of so sending the same, distinctly marking their nature on the outside of the package containing the same, and otherwise giving notice in writing to the station-master or (INCORPORATION). other servant of the Company with whom the same are left, shall forfeit to the Company the sum of five hundred dollars for every such offence. (1.) The Company may refuse to take any package or parcel which it suspects to contain goods of a dangerous nature; or may require the same to be opened to ascertain the fact; and the Company shall not carry any such goods of a dangerous nature, except in cars specially designated for that purpose, on each side of each of which shall be plainly painted, in large letters, the words "dangerous explosives." Actions for Indemnity; Fines and Penalties, and Procedure therefor. 26. All actions or suits for indemnity for any damage or injury Limitation of actions sustained by reason of the tramway shall be commenced within one year next after the time when such supposed damage is sustained, or if there is continuance of damage, within one year next after the doing or committing of such damage ceases, and not afterwards; and the defendants may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and may prove that the same was done in pursuance of and by the authority of this Act. 27. This Act may be cited as the Toad Mountain and Nelson Short title. Tramway Company's Act." VICTORIA, B. C. : Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty. An Act respecting the Westminster and Vancouver Tramway Company and the Westminster Street Railway Company. [20th April, 1891.] WHEREAS the Westminster and Vancouver Tramway Company Preamble. was duly incorporated by the Act passed by the Legislature of British Columbia in the fifty-third year of Her Majesty's reign, chaptered 67: And whereas the Westminster Street Railway Company was duly incorporated by the Act passed by the Legislature of British Columbia in the fifty-third year of Her Majesty's reign, chaptered 65: And whereas the said Companies have by their petition prayed for an Act amalgamating their Companies into one Company and corporation, and for the grant to such Company and corporation of the powers and privileges hereinafter mentioned: And whereas it is expedient to grant the prayer of 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. In the interpretation of this Act, unless the context shall require Interpretation. a different interpretation, the word "railway" shall include "tramway or street railway;" the words "the Company" shall mean the company hereby incorporated; the words "the Companies hereby amalgamated" shall mean the Westminster and Vancouver Tramway Company and the Westminster Street Railway Company, and the words "Company hereby amalgamated" shall mean such one of the last named Companies as the context may point out. |