Calls. Annual general meeting. Directors. Bonds. Limit Agreement for conveyance of pany. time, as they may deem necessary, but no one call shall exceed ten per cent on shares subscribed. 6. The annual general meeting of the shareholders shall be held on the first Wednesday in September in each year. 7. At such meeting the subscribers for the capital stock assembled who have paid all calls due on their shares shall choose nine persons to be directors of the Company. 8. The Company may issue bonds, debentures or other securities to the extent of twenty 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, and the said bonds, debentures or securities may be made payable either in Canadian currency or sterling money. 9. The Company may enter into an agreement with the works, &c., to Canadian Pacific Railway Company, for conveying or leasing another com- to such company 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, 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 two-thirds 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 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 : Sanction. Notice. 2. Such approval shall not be signified until after notice of 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 (or electoral districts) through which the railway of the Company hereby incorporated runs, and in which a newspaper is published. OTTAWA Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. 55-56 VICTORIA. CHAP. 33. An Act respecting the Canada Atlantic Railway WE Company. [Assented to 9th July, 1892.] HEREAS the Canada Atlantic Railway Company, here- Preamble. inafter called the Company, by their petition have prayed that the time for the completion of their line of railway be extended, and that an Act be passed to amend, as hereinafter set forth, the Acts relating to the 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. Section five of chapter fifty-seven of the Statutes of Section 5 of c. 1879 is hereby repealed, and the following substituted there- 57 of 1879 refor : pealed. "5. The Company may construct, equip, work and maintain Construction a telegraph line and telephone lines along the whole length of of telegraph and telephone their railway and its branches, if any, and across the River St. lines. Lawrence and the Beauharnois Canal and the River Richelieu, and may establish offices for the transmission of messages for the public; and for the purposes of erecting and working such telegraph and telephone lines, the Company may enter into a contract or contracts with any other company or companies." of connecting 2. The Company may construct, erect, purchase, lease, let, Construction equip, work and maintain any other line or lines of telegraph lines. and telephone, not exceeding fifteen miles in length in any one case, to connect the line or lines constructed or to be constructed along the line of their railway with any other line or lines of telegraph and telephone in Canada, either by land or by water, and upon, along, across, over or under any public roads, highways, streets, bridges, watercourses or other such places, and any navigable or non-navigable waters, and may undertake the transmission of messages for the public by all or any such line or lines, or any portion thereof; provided Public rights that the same shall be so constructed and maintained as not to interfere with the public use of such roads or highways, or saved. be built over No bridge to injuriously interrupt the navigation or use of such waters and watercourses; and provided always that nothing herein contained shall confer on the Company the right of building a bridge over any navigable water. navigable water. Company may 3. With the consent of the municipal council having jurisdiction over the roads and streets of any city, town, or municipality, the Company may by their servants, agents or workmen, enter upon any public road, highway, street, bridge, watercourse, navigable or non-navigable water or other such places in any city, incorporated town, village, county, municipality, or other place, for the purpose of constructing, erecting, equipping, working and maintaining their line or lines of telegraph and telephone upon, along, across, over and under the same; and may erect, equip and maintain such and so many poles or other works and devices as the Company deem necessary for making, completing and supporting, using, working and maintaining the system of communication by telegraph Stretch wires. and telephone; and may stretch wires and other telegraphic and telephonic contrivances thereon, and, as often as the Company, their agents, officers or workmen think proper, may break up and open any part whatsoever of the said public roads, highpublic roads, ways, streets, bridges, watercourses, navigable and non-navigable waters and other like places, subject, however, to the following provisions, that is to say: May erect poles. And open &c. Travel, &c., structed. (a.) The Company shall not interfere with the public right of not to be ob- travelling on or using such public roads, highways, streets, bridges, or watercourses, and other like places, and shall not do any unnecessary damage, nor in any way obstruct the entrance to any door or gateway or free access to any building erected in the vicinity; Height of wires above road, &c. Kind of poles. Cutting poles or wires in case of fire. Liability for damage. Trees. (b.) The Company shall not affix any wire less than twentytwo feet above the surface of the street or road, nor erect more than one line of poles along any street or road, without the consent of the municipal council having jurisdiction over the roads or streets of the municipality; (c.) In all municipalities the poles shall be as nearly as possible straight and perpendicular, and shall, in cities, be painted, if so required by any by-law of the council; (d.) Whenever, in case of fire, it becomes necessary for its extinction or the preservation of property, that the poles or wires should be cut, the cutting under such circumstances of the poles or any of the wires of the Company, under the direc tion of the chief engineer or other officer in charge of the fire brigade, shall not entitle the Company to demand or to claim compensation for any damage thereby incurred; (e.) The Company shall be responsible for all damage which their agents, servants or workmen cause to individuals or property in carrying out or maintaining any of their said works; (f.) The Company shall not cut down or mutilate any shade, fruit or ornamental tree; municipality. (g.) In all municipalities the opening up of streets for the Approval of erection of poles, or for carrying the wires under ground, shall be subject to the direction and approval of the engineer or such other official as the council appoints, and shall be done in such manner as the council directs; the council may also direct and designate the places where the poles are to be erected in such municipality; and the surface of the street shall in all cases be restored as far as possible to its former condition by and at the expense of the Company; carry wires (h.) No Act of Parliament requiring the Company, in case Company may efficient means are devised for carrying telegraph or telephone be required to wires under ground, to adopt such means, and abrogating the under ground. right given by this section to continue carrying lines on poles through cities, towns or incorporated villages, shall be deemed an infringement of the privileges granted by this Act; (.) No person shall labour upon the work of erecting or Workmen to repairing any line or instrument of the Company, without hav- wear badges. ing conspicuously attached to his dress a medal or badge on which shall be legibly inscribed the name of the Company and a number by which he can be readily identified; (j.) Nothing herein contained shall be deemed to authorize Protection to the Company, their servants, workmen or agents, to enter upon private rights. any private property for the purpose of erecting, maintaining or repairing any of their works, without the previous assent of the owner or occupant of the property for the time being. 4. The Company may enter into arrangements with any Arrangements other telegraph or telephone company for the exchange and with other transmission of messages, or for the working in whole or in part of the lines of the Company. companies. way extended. 5. Notwithstanding anything contained in chapter seventy- Time for comtwo of the Statutes of 1886 or in any other Act, the time for pletion of railthe completion of the line of railway of the Company is hereby extended for five years from the passing of this Act; and if the railway is not then completed then the powers granted for such construction shall cease and be null and void as respects so much of the railway as then remains uncompleted. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. Preamble. Chap. 66 of 1875. Chap. 61 of 1888. Time for construction ex tended. 55-56 VICTORIA. CHAP. 34. An Act respecting the Canada Southern Railway Company. [Assented to 10th May, 1892.] WHEREAS the Canada Southern Railway Company has petitioned that the time limited by the several Acts relating to the said Company and to the Erie and Niagara Railway Company, for the commencement and completion of the several lines and branches of railway authorized by such Acts, be extended; and whereas, in pursuance of the powers conferred by chapter sixty-six of the Statutes of 1875 and by chapter sixty-one of the Statutes of 1888, all the franchises, property, rights and privileges of the Erie and Niagara Railway Company have become vested in the said Canada Southern Railway Company; 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 Senate and House of Commons of Canada, enacts as follows: 1. The times limited by the Acts respecting the Canada Southern Railway Company and the Erie and Niagara Railway Company, set forth in the schedule to chapter sixty-one of the Statutes of 1888, for commencing and completing the lines or branches of railway authorized by such Acts or any of them, are hereby extended for two years and five years respectively from the fourth day of May, one thousand eight hundred and ninety-three; and if the said lines or branches of railway are not commenced and completed as herein provided, then the powers granted for the construction thereof shall cease and be null and void as respects so much of the railway as then remains uncompleted. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. |