Notice of application for sanction. Agreement to Secretary of State 2. Such sanction 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 239 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. 3. A duplicate of the agreement referred to in subsection 1 be filed with of this section shall; within thirty days after its execution, be filed in the office of the Secretary of State of Canada, and notice thereof shall be given by the Company in The Canada Gazette, and the production of The Canada Gazette containing such notice shall be prima facie evidence of the requirements of this Act having been complied with. 1896, c. 34. Time for construction. 3. All the provisions of the Act incorporating the Company shall apply to the extension hereby authorized. 4. The Company shall, within twelve months after the passing of this Act, begin, and thereafter continue, the construction of the said railway, with such diligence and speed that there will be constructed and ready for traffic, on or before the first day of July, one thousand nine hundred and two, that part of the line of railway, authorized by the Company's Act of incorporation, commencing at a point on Yonge street, and extending to a point at or near the village of Schomberg, in the township of King; and if the said part of the line is not completed within such time, the powers granted for such construction shall cease and be null and void as respects so much thereof as then remains uncompleted; and, as to the rest of the lines of railway authorized to be constructed, the time for the completion thereof is extended for five years from the passing of this Act, and if it is not completed within such time the powers granted for such construction shall cease and become void as respects so much thereof as then remains uncompleted. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. CHAP. 82. An Act to incorporate the South Shore Line Railway Company. [Assented to 18th July, 1900.] WHEREAS a petition has been presented praying that it be Preamble, enacted as hereinafter set forth, 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 :— tion. 1. Benjamin F. Pearson, of the city of Halifax, in the prov- Incorporaince of Nova Scotia, John Joseph Tucker, Hugh H. McLean, Matthew B. Edwards and Henry F. Puddington, of the city of St. John, in the province of New Brunswick, Russell Sage, Levi P. Morton, Elverton R. Chapman and Ezekiel C. M. Rand, of the city of New York, in the state of New York, one of the United States, together with such persons as become shareholders in the company, are incorporated under the name of "The South Shore Line Railway Company," hereinafter called Corporate "the Company." name. 2. The persons named in section 1 of this Act are constitut- Provisional ed provisional directors of the Company. directors. 3. The capital stock of the Company shall be one million Capital stock, dollars, and may be called up by the directors from time to time as they deem necessary, but no one call shall exceed ten per cent on the shares subscribed. 4. The head office of the Company shall be in the city of Head office. Saint John, in the province of New Brunswick. 5. The annual meeting of the shareholders shall be held on Annual the first Tuesday in September in each year. meeting. directors. 6. At such meeting the subscribers for the capital stock Election of 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. Power to Line Railway. 7. The Company may acquire and operate all or any part acquire Shore of the railway of the Shore Line Railway Company and also the capital stock, bonds, rights, franchises, powers, privileges and property thereof, or any part thereof, in such manner and upon such terms and conditions as the directors deem expedient under the authority of the shareholders given at any special general meeting duly called for the purpose, at which meeting shareholders representing at least two-thirds in value of the subscribed stock of the Company are present or represented by proxy. Power to County 8. The Company may connect the railway of the Shore Line Railway Company with the railway of the Washington Washington County Railway Company, in the state of Maine, one of the United States, and may acquire and operate all or any part of the railway of the Washington County Railway Company, and also the capital stock, bonds, rights, franchises, powers, privileges and properties thereof, and may enter into an agreement for amalgamating or consolidating the said companies on such terms and conditions as are agreed upon, and subject to such Approval of restrictions as to the directors seem fit; provided that such and Governor agreement has been first approved by two-thirds of the votes at a special general meeting of the shareholders duly called for the purpose of considering it,-at which meeting shareholders representing at least two-thirds in value of the stock are present or represented by proxy,-and that such agreement has also received the sanction of the Governor in Council. shareholders in Council. Notice of application for sanction. Agreement to Secretary of 2. Such sanction 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 239 of The Railway Act, and also for a like period in one newspaper in each of the counties through which the railway of the Shore Line Railway Company runs, and in which a newspaper is published. 3. A duplicate of the agreement referred to in subsection 1 be filed with of this section shall, within thirty days after its execution, be filed in the office of the Secretary of State of Canada, and notice thereof shall be given by the Company in The Canada Gazette, and the production of The Canada Gazette containing such notice shall be prima facie evidence of the requirements of this Act having been complied with. Bond issue. Telegraph 9. The Company may issue bonds, debentures, or other securities to the extent of fifteen 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 acquired, constructed or under contract to be constructed. 10. The Company may construct and operate telegraph and telephone and telephone lines along the whole length of its railway and branches, and may establish offices for the transmission of lines. messages for the public, and collect tolls for so doing; and for the purposes of operating such telegraph and telephone lines the Company may enter into a contract with any other company, or may lease the Company's lines or any part thereof; and may connect its lines with the lines of any telegraph or telephone company. and telephone 2. The Company may enter into arrangements with any Agreement telegraph or telephone company for the exchange and trans- with telegraph mission of messages, or for the working in whole or in part of companies. the lines of the Company. 3. No rates or charges shall be demanded or taken from any Rates to be person for the transmission of any message by telegraph or approved. telephone, or for leasing or using the telegraphs or telephones of the Company, until such rates or charges have been approved of by the Governor in Council. 4. The Electric Telegraph Companies Act shall apply to the R.S.C., c. 132. telegraphic business of the Company. 11. The Company may, in connection with its railway and Other powers of Company. for the purposes of its business, (a.) acquire lands and erect, use and manage works and Motive power. manufacture machinery and plant for the generation, transmission and distribution of electric power and energy and other motive power; etc. (b.) acquire land for wharfs, docks, elevators, warehouses Docks, and coal-bunkers in connection with the operations of the warehouses, Company and erect buildings thereon, and collect wharfage and storage charges for the use thereof; (c.) acquire exclusive rights in letters patent, franchises or Patent rights. patent rights for the purpose of the works and undertakings hereby authorized, and again dispose of such rights; power. (d.) sell or lease any surplus power which it may develop or Surplus acquire, either as water power or other motive power, or by converting the same into electricity or other force for the distribution of light, heat or power or for all purposes for which electricity or other motive power can be used, with power to transmit the same; (e.) subject to such regulations as are imposed by the Gov- Water supply for Company's ernor in Council, acquire and dispose of lands and construct, works. acquire and dispose of buildings and other erections and plant for the purpose of supplying water for the use of its works, railways and branches. 12. If the Company requires land for wharfs, docks, ware- Expropriation houses, elevators or bunkers, and cannot agree for the purchase of lands. thereof with the owner of such land, it may cause a map or plan and book of reference to be made of such land, and all the provisions of sections 107 to 111, both inclusive, of The 1888, c. 29. Railway Act shall apply to the subject matter of this section and to the obtaining of such land and determining the compensation therefor. Rights and companies 13. Nothing in this Act contained, or done in pursuance obligations of thereof, shall take away or prejudice any claim, demand, amalgamated right, security, cause of action or complaint which any person not affected. has against any railway company whose railway, rights and property are acquired by the Company, or against any company which may be amalgamated with the Company under the provisions of this Act, nor shall such company, by reason of this Act, be relieved from the payment of any debt or the performance of any obligation, contract or duty. Liabilities laws con tinued. 14. Nothing in this Act, or in any agreement under which under railway the Company acquires the charter, privileges and franchises of any railway company, shall be held to relieve any such company from any of its duties or liabilities under the railway laws of Canada or under the laws of the province of New Brunswick. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. |