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An Act to amend the "British Columbia Railway Act." R.S.B.C. 1911,

H'

[1st March, 1913.]

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

66

c. 194; 1912, c. 31.

1. This Act may be cited as the British Columbia Railway Act Short title. Amendment Act, 1913."

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2. The definition of the word " in section 2 of the company "British Columbia Railway Act," being chapter 194 of the "Revised Statutes of British Columbia, 1911," is hereby amended by striking out the word "heretofore" in the second and third lines thereof.

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3. Section 12 of said chapter 194 is hereby amended by inserting Amends s. 12. the following words between "Act" and "and" in the eighth line thereof: "or in the event of the Minister refusing to sanction the undertaking."

4. Section 14 of said chapter 194 is hereby amended by striking Amends s. 14. out the first six words thereof, and substituting the following therefor: "Upon any such application the Minister may either refuse to sanction the undertaking, in which case the certificates issued by the Registrar of Joint-stock Companies shall be cancelled, or he may approve of such undertaking, in which case he."

5. Said chapter 194 is hereby further amended by inserting after section 79 the following as section 79A:

ated on or after date

"79A. The next preceding section shall apply to all railway com- Companies incorporpanies incorporated by special Act of the Legislative Assembly of Railway Act." before, on, or after the first day of March, 1911, and accordingly

Amends s. 138.

Filing with

Registrar of Jointstock Companies.

Filing duplicate original.

Effect of filing.

Railway charge book."

Mortgages since

March 1st, 1911.

the Minister shall have the power from time to time, in the case of any such company, to extend the time for doing any of the things specified in subsections (a) and (b) of said section, and for the expenditure of not less than ten thousand dollars in surveys or construction of the railway authorized to be built by special Act, and this notwithstanding that the time for doing such thing or things shall, at the time of such extension or extensions being granted, have expired; and, in case of such extension or extensions, the company receiving any such extension or extensions shall be deemed to have, and to have always had, from the time its Act of incorporation came into force, its corporate existence and all the rights, powers, and privileges conferred by its Act of incorporation."

6. Section 138 of said chapter 194 is hereby amended by adding thereto the following subsections:

"(4.) In order to preserve the priority of, or any rights conferred by, any mortgage, trust deed, or other instrument in the nature thereof issued, executed, or given by a railway company for the purpose of paying the principal and interest due to the holders of bonds or debentures issued by such railway company, without preference or priority, such mortgage, trust deed, or other instrument shall be filed in the office of the Registrar of Joint-stock Companies, and in like manner any agreement, or duplicate original thereof, entered into by any railway company shall also be filed in the said office; and a copy of such mortgage, trust deed, or other instrument or agreement so filed, certified to be true copy by the Registrar of Joint-stock Companies, shall be received as prima facie evidence of the original in all Courts of justice in this Province without proof of any signature or seal upon such original, unless the authenticity of such signature or seal be called in question.

"(5.) In lieu of the original, or duplicate original, of any document referred to in this section, the Registrar of Joint-stock Companies may accept for filing a certified copy of any such document, and of the proof of its execution, verified by an affidavit made in accordance with the provisions of the Evidence Act' by either the president or the secretary of the company.

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"(6.) The filing, according to the provisions of the preceding subsections, of any such mortgage, trust deed, or other instrument shall have the same effect as if such mortgage, trust deed, or other instrument had been registered under the provisions of the 'Land Registry Act.'

"(7.) The Registrar of Joint-stock Companies shall enter shortly in a separate index, to be called the railway charge book,' the particulars of every instrument filed under the provisions of this Act."

7. All such mortgages, trust deeds, and other instruments as have been given by a railway company since the first day of March, 1911,

shall be filed in the office of the Registrar of Joint-stock Companies, and, when so filed, shall have the same effect as if they had been filed under the provisions of the "Land Registry Act": Provided, however, that it shall not be necessary to file with the Registrar of Joint-stock Companies instruments already registered in the Land Registry Office.

8. Said chapter 194 is hereby further amended by adding the following as section 200A:—

"200A. If the Minister so orders, it shall not be incumbent on the conductor or other person in charge of a train of a logging-railway, or of any railway operated exclusively in connection with mines, to receive or carry passengers, baggage, or freight thereon; and, in the event of such order being made, no company, conductor, or other person in charge of such train as aforesaid shall be liable in damages for refusal to so receive or carry passengers, baggage, or freight.”

9. Said chapter 194 is hereby further amended by inserting therein as section 270A the following:-

Logging or mining railway need not

carry passengers

or freight.

sell railway.

"270A. Any municipal corporation which has acquired by sub- Municipality may scription shares in the capital of any railway company, or which has become the owner of any railway situate within or partly within the corporate limits of the municipality, may, subject to the approval of the electors of the municipality, to be obtained in manner provided by the Municipal Act' in cases where money is borrowed by the municipality, and with the consent of the Minister, sell and dispose of such shares or the railway, rolling-stock, and other assets thereto belonging to any purchaser having corporate power to hold and operate a railway within the Province."

VICTORIA, B.C.:

Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty.
1913.

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An Act to make Provision for the Extension of the Lines of Railway of the Canadian Northern Pacific Railway Company, and to aid the Construction thereof.

H'

[21st February, 1913.]

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. This Act may be cited as the "Canadian Northern Pacific Short title. Railway Extension Act, 1913."

guarantee.

2. The Province of British Columbia may guarantee the payment Provincial of the principal and interest of the bonds, debentures, debenture stock, or other securities (hereinafter called "securities ") of the Canadian Northern Pacific Railway Company (hereinafter called "the Company") to an amount not exceeding thirty-five thousand dollars per mile for each mile of the following lines of railway which the Company is hereby authorized and empowered to construct, maintain, and operate, namely:

(a.) A line of railway from the north end of Westminster

Bridge to the terminals of the railway in the City of
Vancouver, a distance of eleven miles:

(b.) A line of railway extending from the north end of West-
minster Bridge to Steveston, a distance of fifteen miles;
and the order of His Honour the Lieutenant-Governor in
Council made and approved on the twenty-second day of
November, 1912, pursuant to section 4 of chapter 3 of the
Statutes of 1910, authorizing the construction of the said
line of railway, is hereby ratified and confirmed:

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