EXTENSION. with the operation of said lines of railway shall, until the first day of July, 1924, be exempt from all taxation whatsoever or howsoever imposed by, with, or without the authority of the Legislature of the Province of British Columbia, or by any municipal or school organization in the Province. VICTORIA, B.C.: Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty. An Act to amend "An Act to incorporate the Canadian 1910, c. 4. Northern Pacific Railway Company," being Chapter 4 of the Statutes of 1910. [21st February, 1913.] H 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 Company Incorporation Act Amendment Act, 1913." Company. 2. The Canadian Northern Pacific Railway Company (hereinafter Powers of called "the Company ") may acquire, construct, operate, maintain, and use the following works, including all other necessary or convenient works incidental to the use and operation thereof, namely: (a.) Railway yards, terminals, structures, buildings, works, (b.) Tunnels, viaducts, and bridges of every description, with (c.) Wharves, docks, slips, and quays and all incidental (d.) Shops and works, power-houses and plant for the construc- Ditto. "Railway Act" to apply. Additional powers. INCORPORATION (AMENDMENT). (e.) Lines of railway to connect any of the terminals of the Company with the lines of the Canadian Northern Pacific Railway Company or of any other railway company operat ing within the Province: (f.) Telegraph or telephone lines within the Province, and may transact and carry on commercial business thereon: (g.) Hotels, pleasure resorts, and parks. 3. The Company may carry on any business incidental to the full use and enjoyment of the above-mentioned works. 4. (1.) The "British Columbia Railway Act," where not inconsistent with the provisions of this Act, shall apply to the works hereinbefore authorized; but the Company may, in addition to the powers contained in the "British Columbia Railway Act," for the purposes of any such works,— (a.) Expropriate and take an easement in, over, under, or through any lands; but no such expropriation shall be had in respect of lands required for hotels, pleasure resorts, and parks, except the consent of the Lieutenant-Governor in Council be first had and obtained: (b.) In reduction of the damage or injury to any lands taken or affected by such authorized works or lines, abandon or grant to the owner or party interested therein any portion of such lands or any easement or other interest therein, or may make any structures, works, or alterations in or upon its works for such purposes. (2.) If the Company by its notice of expropriation or some subsequent notice prior to the award of the arbitrators specifies its decision to take only such easement or undertakes to abandon or grant such lands or easement or interest in lands, or to make such structures or works or alterations, the compensation or damages shall be assessed by the arbitrator or arbitrators appointed pursuant to the provisions of the "British Columbia Railway Act" in view of such specified decision or undertaking, and the arbitrator or arbitrators shall declare the basis of their award accordingly; and such award, as well as such specified decision or undertaking of the Company, may be enforced by an order of the Supreme Court of British Columbia. (3.) The word "lands," when used in the "British Columbia Railway Act" or in this Act, shall, with reference to the works which the Company is authorized to construct, mean and include all real property, messuages, lands, tenements, and hereditaments of any tenure, and all real rights, easements, servitudes, and interests whatsoever, and the right to take the subsoil or designated portions thereof, as distinguished from the surface lands, for tunnel INCORPORATION (AMENDMENT). ling or similar purposes, or the right to excavate a passage-way in, through, or under the subsoil of any lands for the purpose of exercising an easement by means thereof, and all other things done in pursuance of this Act or the "Railway Act" for which compensation is to be paid by the Company. 5. (1.) The Company may, before and after the commencement Entry upon lands. of its works authorized by this Act, (a.) Enter into and upon any lands, buildings, or structures approximate to such works for the purpose of ascertaining the state of repair thereof, and for devising the best means of avoiding any possible damage which the execution of the works might occasion thereto : (b.) Make upon or in connection therewith any works, repairs, or renewals for the purpose of preventing any damage, or the possibility of damage, or for the purpose of mitigating or repairing any damage actually effected. (2.) The provisions of the "British Columbia Railway Act" Compensation. relating to damages and compensation, and the ascertainment and payment thereof, shall apply in respect of the exercise of powers hereby given. (3.) In the event of any refusal on the part of any person interested in any lands to permit the Company to carry out thereon the provisions of this section, the Company may, upon application to any Judge to whom an application for warrant for possession might be made under the "British Columbia Railway Act," obtain a warrant, addressed to the Sheriff, authorizing him to put down any resistance that may be raised in respect thereof. 6. Any property required by the Company for the purposes of the works hereinbefore authorized shall, from the date of the deposit of any map, plan, or book of reference in accordance with the provisions of the "British Columbia Railway Act," showing that such property is required as aforesaid, be reserved from location or alienation under the "Mineral Act,” “Placer-mining Act," or "Coal and Petroleum Act," so long as any such property shall be required for the purposes aforesaid. On deposit of map reserved from land required is location under certain Acts. 7. The additional powers, rights, and privileges granted to the Lands liable for local improvement Company by this Act are granted and this Act is passed upon the taxes. condition that the agreement set out in the Schedule to chapter 3 of the Statutes of 1910 is modified to provide that the lands of the Company situate within a municipality shall not be exempt from taxation for purposes of municipal local improvement; and, notwithstanding anything contained in the "Canadian Northern Pacific Railway Extension Act, 1913," or in any other Act of the Legisla |