1913 CHAPTER 51. An Act to Incorporate the Elbow River Suburban (Assented to March 25, 1913.) WHEREAS a petition has been presented praying for the incorporation of a company to construct and operate a railway, as hereinafter set forth, and it is expedient to grant the prayer of the said petition; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. William Georgeson, wholesale grocer; George I. Peet, financial broker; O. S. Chapin, agent; George A. Ings, physician; and Allan D. Connors, accountant, all of the City of Calgary, in the Province of Alberta, together with such persons as become shareholders in the company hereby incorporated, are hereby constituted a body corporate under the name of the "Elbow River Suburban Railway Company," hereinafter called "the company." 2. The head office of the company shall be in the City of Calgary in the Province of Alberta. 3. The several clauses of The Railway Act of Alberta shall be and the same are hereby, incorporated with and shall be deemed to be part of this Act, and shall apply to the said company and to the railway to be constructed by them, excepting so far as the same may be inconsistent with the express enactments hereof, and the expression "this Act" when used herein shall be understood to include the clauses of the said Railway Act as aforesaid. 4. The company may lay out, construct, maintain and operate a line of railway, with a gauge of four feet eight and one-half inches, with all necessary switches and sidetracks from a point in the north-east quarter of township 22, range 6, west of the 5th meridian, near the junction of Canyon Creek with the Elbow River; thence easterly following the north bank of the Elbow River crossing Bragg Creek about one-half a mile above its junction with the Elbow River; thence northerly and easterly skirting the west boundary of the Sarcee Reserve; thence easterly through township 24, range 4, west of the 5th meridian, and into Calgary passing south of and parallel to the South Springbank Trail. 5. The persons mentioned by name in the first section of this Act are hereby constituted provisional directors of the said company. 6. The capital stock of the company shall be $1,000,000.00 and may be called up by the directors from time to time, as they deem necessary, but no one call shall exceed fifty (50) per cent. on the share subscribed. 7. The annual general meeting of the shareholders shall be held on the fifteenth day of April in each year. 8. At such meeting the subscribers for the capital stock assembled, who have paid all calls due on their shares, shall choose not less than five nor more than nine persons to be directors of the company, one or more of whom may be paid directors of the company. 9. The company may issue bonds, debentures or other securities to the extent of thirty thousand dollars ($30,000.00) 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 to the extent of $300,000.00 for the purpose of terminals. 10. The company may enter into an agreement with another 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 survey plans, works, plant, material 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 two-thirds of the votes at a special 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 Lieutenant Governor in Council. 11. 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 approved by the Lieutenant Governor in Council, and shall at all reasonable times afford proper facilities therefor. 12. 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 favour of 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 railway 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. 13. The construction of the railway hereby authorized shall be commenced within two years and shall be completed within five years from the date of the coming into force of this Act. 14. The company shall also have power for the purposes of its undertaking to construct and operate an electric 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 said railway, not being bridges over any navigable river or rivers, unless such bridge or bridges over such navigable rivers or waters has or have been authorized by the Governor General in Council. 15. For the purpose of the operation of the road, the motive power to be used by the company may be steam, electric, or gas or such other power as to them may appear advisable from time to time. 1913 CHAPTER 52. An Act to Incorporate the Lethbridge Radial Tramway Company. (Assented to March 25, 1913.) WHEREAS a petition has been presented praying that the City of Lethbridge be authorized 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 advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The City of Lethbridge is hereby authorized to construct and operate a radial railway under the name of "The Lethbridge Radial Tramway," after first passing a by-law for such purpose. 2. The city 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 city 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, 21 and 22 west of the fourth meridian; and for such purposes may levy and collect toll from all persons 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 necessary 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 purposes may construct, erect and maintain all necessary buildings, machinery, appliances and conveniences for the purpose of such tramways and works, including the erection of poles upon Provided that the city shall not be entitled to use any of the public streets, roads, highways or bridges within any incorporated city or town for the purpose of a street railway system or otherwise unless it has first obtained the consent of the municipal council of the corporation to an agreement between the city and the municipal corporation which agreement shall be referred to the vote of the ratepayers of the said municipal corporation, and shall require the approval of the majority of the ratepayers voting thereon in such manner and subject to the same provisions as the 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 supersede any of the provisions of The Railway Act of the Province of Alberta with reference to the filing and approval of plans, profiles and books with reference to such railway. 3. The city may issue bonds, debentures or other securities to the extent of fifteen thousand dollars ($15,000) 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. 4. The said city may enter into agreements with any person or company having right and authority to construct and operate street railways or tramways, for conveying or leasing to such person or company the whole or any part of the tramway of the city or any rights or powers acquired under this Act; as also the surveys, plans, works, plants, material, machinery and other property to it be |