Tolls on bridge to be approved by Council. 7. If the said bridge is constructed or arranged for the use of foot passengers and carriages, or either, as well as for railway Governor in purposes, then the tolls to be charged for the passage of such foot passengers and carriages shall, before being imposed, be first submitted to and approved, and may be amended and modified from time to time, by the Governor in Council; but the Company may, at any time, reduce the same; and a notice showing the tolls authorized to be charged shall, at all times, be posted up in a conspicuous place on the said bridge. Equal rights 8. So soon as the bridge is completed and ready for traffic, in passage of all trains and cars of all railways connecting with the same, bridge to all railway trains. now constructed or hereafter to be constructed, and also the trains and cars of all companies whose lines connect with the line of any company so connecting with the said bridge and approaches, shall have and be entitled to the same and equal rights and privileges in the passage of the said bridge, so that no discrimination or preference in the passage of the said bridge and approaches, or in tariff rates for transportation, shall be made in favour of or against any railway whose business or trains pass over the said bridge. Disputes settled by Rail tee. 9. In case of any disagreement as to the rights of any railway Commit- way company whose business or trains pass over the bridge, or as to the tariff rates to be charged in respect thereof, the same shall be determined by the Railway Committee of the Privy Council, as provided in section eleven of The Railway Act. Time for completion of bridge. Annual general meeting. Election of directors. Notice. ssue of bonds. 10. The bridge shall be commenced within three years and completed within five years from the passing of this Act; otherwise the powers granted under section five of this Act shall cease and be null and void. 11. The annual general meeting of the shareholders shall be held at the head office of the Company on the first Tuesday in September in each year. 12. At such meeting the shareholders assembled, who have paid all calls due on their shares, shall choose seven persons to be directors of the Company, one or more of whom may be paid directors of the Company; and public notice of any meeting of the shareholders shall be given in the manner provided by section forty-one of The Railway Act. 13. The Company may issue bonds, debentures or other securities to the extent of twenty thousand dollars per mile of the railway and branches, either exclusive or inclusive of any railway bridge over the Ottawa River, constructed as part thereof, and secured by a deed of mortgage describing clearly the property charged as security for such bonds or debentures; 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; and such bonds shall be designated as "series A"; and in addition thereto, bonds to an amount Series A. not exceeding five hundred thousand dollars may be issued in aid of the construction of the bridge hereinbefore mentioned, if such bridge is so excluded from such charge, and shall be Series B. designated as "series B." bonds on 2. The bonds on the bridge shall in like manner be secured Security of by a deed of mortgage specifying the security therefor; and bridge. such last mentioned deed of mortgage may contain provisions that all tolls and revenues derived from the use of such bridge by other corporations and persons shall be specially charged and pledged as security for such last mentioned bonds constituting "series B," and may also provide that the Company shall pay to the trustees of such mortgage similar rates and tolls to those fixed for the use of such bridge by similar corporations,-which rates and tolls shall also be charged as security for the said bonds, "series B." with another company. 14. The Company may, subject to the provisions contained Agreement in sections eight and nine of this Act, enter into an agreement with the Quebec and Lake St. John Railway Company, the Central Counties Railway Company or the Canada Atlantic Railway Company, for conveying or leasing to such company the railway and bridge of the Company, in whole or in part, and 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 on such terms and conditions as are agreed upon, and subject to such restrictions as to the directors seem fit; provided that such Approval reagreement has been first sanctioned by two-thirds of the votes quired. at a special general meeting of the shareholders duly called for the purpose of considering the same-at which meeting shareholders representing at least two-thirds in value of the stock are present in person or represented by proxy,-and that such agreement has also received the approval of the Governor in Council. proval. 2. Such approval shall not be signified until after. notice of Notice of ap the proposed application therefor has been published in the manner and for the time set forth in section two hundred and thirty-nine of The Railway Act, and also for a like period in one newspaper in each of the counties through which the railway of the Company runs, and in which a newspaper is published. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. Preamble. C. 57, 1889. Incorporation. Corporate name. Head office. Line of railway described. 55-56 VICTORIA CHAP. 41. An Act respecting the Lake Manitoba Railway and WHEREAS [Assented to 10th May, 1892.] WHEREAS by an Act of the Parliament of Canada, being chapter fifty-seven of the Statutes of 1889, certain persons were incorporated under the name of the Lake Manitoba Railway and Canal Company; and whereas, from unavoidable circumstances, it was impossible to commence the building of the said railway within the period fixed by the said Act of incorporation, namely, within three years after the passing thereof; and whereas M. P. Davis and others have, by their petition, prayed that an Act be passed incorporating anew the said Company; and it is expedient to grant the prayer of the said petition: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:- 1. H. Large, of Strathroy, M. P. Davis, J. A. Gemmill, S. H. Fleming, C. H. Mackintosh, W. H. Davis, John Graham and E. S. Skead, all of the city of Ottawa, together with such persons as become shareholders in the Company hereby incorporated, are hereby constituted a body corporate under the name of "The Lake Manitoba Railway and Canal Company," hereinafter called "the Company." 2. The head office of the Company shall be in the town of Portage la Prairie, in the county of Marquette, in the province of Manitoba. 3. The Company may lay out, construct and operate a railway of the gauge of four feet eight and one-half inches from a point in or near the town of Portage la Prairie, in the province of Manitoba, running in a northerly direction to deep water at the southern boundary of Lake Manitoba; also from some point on the line of the said proposed railway, or from a point on the line of the Manitoba and North-western Railway Company of Canada, at or near Gladstone, and running in a north-westerly and north-easterly direction and west of Lake Dauphin, to a point on Lake Winnipegoosis at or near Meadow Portage; and the said railway is hereby declared to be a work Declaratory. for the general advantage of Canada. 4. The Company may improve and connect the water com- Canals. munication, for the purposes of traffic and navigation, between Lakes Manitoba and Winnipegoosis and the North Saskatchewan River, by the construction and maintenance of canals. 5. The Company may, from time to time, purchase, build, Steam and complete, fit out and charter, sell and dispose of, work and other vessels. control and keep in repair, steam and other vessels, to ply on the lakes, rivers and canals of the province of Manitoba and the North-west Territories, in connection with the said railway; and may also make arrangements and agreements with steamboat and vessel proprietors, by chartering or otherwise, to ply upon the said lakes, rivers and canals, in connection with the said railway. piers, wharfs, 6. The Company, at any point where the terminus of the Powers as to railway, or of any branch thereof, reaches any navigable water-lots, water, or where the railway or any branch thereof crosses any &c. navigable water, may, for the necessary purposes of the Company, acquire and hold as its own absolute property, piers, docks and water lots; and upon the said water lots and in and over the waters adjoining thereto, may build and erect elevators, storehouses, engine-houses, sheds, docks, piers and other structures for the use of the Company, and of the steam and other vessels owned, worked or controlled by the Company, or of any other steam or other vessels, and may collect Charges for wharfage and store charges for the use thereof; and may wharfage. erect, build and maintain all moles, piers, wharfs and docks necessary and proper for the protection of such works, and for the accommodation and convenience of vessels entering, leaving, lying, loading and unloading within them; and may dredge, deepen and enlarge such works; and in its discretion Sale or lease. may sell, lease or convey the said piers, docks, water lots, elevators, storehouses, warehouses, engine-houses, sheds and other erections, or any of them, or any portion thereof. 7. The persons mentioned by name in the first section of Provisional this Act are hereby constituted provisional directors of the directors. Company. thereon. 8. The capital stock of the Company shall be eight hundred Capital stock thousand dollars, and may be called up by the directors from and calls time to time as they deem necessary; but no one call shall exceed ten per cent on the shares subscribed. 9. The first meeting of the shareholders for the election of First meeting directors shall be held at such place in the city of Ottawa, in of sharehold the province of Ontario, as the provisional directors determine. ers. Tariff of charges sub al. 2. The annual general meeting of the shareholders shall be held on the first Thursday in September in each year. 10. At such meeting the subscribers for the capital stock assembled who have paid all calls due on their shares shall choose five persons to be directors of the Company, one or more of whom may be paid directors of the Company. 11. The Company may issue bonds, debentures or other securities to the extent of twenty thousand dollars per mile of the railway and branches, either exclusive or inclusive of the canal between Lakes Manitoba and Winnipegoosis constructed as part of the undertaking, and secured by a deed of mortgage describing clearly the property charged as security for such bonds or debentures; 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, and shall be designated as "series A"; and in addition thereto bonds to an amount not exceeding five hundred thousand dollars for the canal, if so excluded from such charge, may be issued in aid of the construction of such canal, and such bonds shall be designated as " series B": 2. The bonds on the canal shall, in like manner, be secured by a deed of mortgage specifying the security therefor; and such deed of mortgage may contain provisions that all tolls and revenues derived from the use of such canal by other corporations or persons shall be specially charged and pledged as security for such bonds, and may also provide that the Company shall pay to the trustees of such mortgage similar rates and tolls to those fixed for the use of such canal by similar corporations, -which rates and tolls shall also be charged as security for such bonds. 12. All tolls and charges levied or imposed by the Comject to approv- pany shall be according to a tariff which shall be approved by the Governor in Council before any such tolls or charges are exacted or recovered; such tariff may be revised and altered by the Governor in Council from time to time, and the tolls and charges imposed thereunder shall be imposed uniformly on all persons and corporations using the works of the Company. Plans to be ap the Governor in Council. 13. No canal or work for utilizing or rendering available proved of by the water of the said river or lakes shall be commenced or proceeded with until the plans and the site of the said works have been approved of by the Governor in Council, and such conditions as he thinks fit to impose for securing the free navigation of the said river and lakes and for the public good have been complied with; nor shall any such plan be altered or any deviation therefrom be allowed except by the permission of the Governor in Council and upon such conditions as he imposes. |