CHAP. 53. An Act respecting the British Yukon Mining, Trading and Transportation Company, and to change its name to the British Yukon Railway Company. [Assented to 7th July, 1900.] WHEREAS the British Yukon Mining, Trading and Trans- Preamble. portation Company has, by its petition, prayed that it 1897, c. 89. be 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: 1. The name of The British Yukon Mining, Trading and Name Transportation Company (hereinafter called "the Company") changed. is changed to "The British Yukon Railway Company," but such change in name shall not in any way impair, alter or Existing affect the rights or liabilities of the Company, nor in any- rights saved. wise affect any suit or proceeding now pending, or judgment existing, either by, or in favour of, or against the Company, which, notwithstanding such change in the name of the Company, may be prosecuted, continued, completed and enforced as if this Act had not been passed. 2. Sections 17 and 20 of chapter 89 of the statutes of 1897 Sections 17 are repealed, and the following section is substituted for the and 20 repealed. said section 17: "17. The Railway Act shall extend and apply to the Com- New 8. 17. pany, and shall, except in so far as the said Railway Act is inconsistent with any of the provisions herein contained, be 1888, c. 29. incorporated with and form part of this Act." confirmed. 3. All acts and proceedings of the Company heretofore Acts and done and taken, and which were.in accordance with or autho- proceedings rized by The Railway Act, shall be valid, notwithstanding that such acts and proceedings were not done and taken in accordance with the provisions of The Companies Clauses Act. 1897, c. 89, 4. Section 19 of chapter 89 of the statutes of 1897 is s. 19 amended. amended by substituting the words "Bennett Lake" for the words "Tagish Lake" in the fourth line of the said section. Agreement with another company. 5. The Company may enter into an agreement with the British Columbia Yukon Railway Company for conveying or leasing to such company the railway of the Company, in whole or in part, or any rights or powers acquired under this Act, as also the franchises, surveys, plans, works, plant, material, machinery and other property to it belonging, or for an amal gamation with such company, or for the purchase or lease by the Company of the said railway, or any section thereof, and the said company may enter into such agreements with the Company, on such terms and conditions as are agreed upon, Approval of and subject to such restrictions as to the directors seem fit; proand Governor vided that such agreement has been first approved by twothirds 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. 2. Such sanction shall not be signified until after notice of the proposed application there for 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 published at the city of Victoria, in the province of British Columbia. Agreement to be filed with Secretary of State. 3. A duplicate of the agreement referred to in subsection 1 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. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. CHAP. 54. An Act respecting the Buffalo Railway Company (Foreign). [Assented to 7th July, 1900.] HEREAS the Buffalo Railway Company, incorporated Preamble. under the laws of the state of New York, has, by its petition, prayed that it be 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: incorporated. 1. The Buffalo Railway Company, hereinafter called "the Buffalo RailCompany," is invested with and shall be entitled to all the way Company powers, privileges and rights as a corporation necessary for the convenient and proper carrying on of the business and undertakings in Canada in the next following section mentioned. franchises 2. The Company may purchase the entire assets and acquire, Power to acundertake and exercise the whole or any part of the business, quire certain undertaking, property and liabilities, and the name, franchise in Canada. and good-will of the Niagara Falls Park and River Railway Company, the Queenston Suspension Bridge Company, the Queenston Heights Bridge Company, the Clifton Suspension Bridge Company, or of any of such companies, and may pay therefor in such manner as is agreed upon; and any before mentioned company is hereby authorized to sell and transfer its assets, business, property, name, franchise and good-will to the Company, and the Company and such other company may enter into agreements of purchase and sale and do all acts necessary or convenient for the purpose of such sale and purchase; and the execution of any such agreement shall ipso facto vest in the Company the interest and title in and to the property the subject matter of the agreement, and the business, property, real and personal, and all rights and incidents appurtenant thereto and all other things belonging to such other company, shall be taken and deemed to be transferred to and vested in the Company without further act or deed. Deposit of agreement. Security for bonds. Service of process Saving as Falls Park Bridge of Queenston Heights Bridge Co. to be kept open. Application Canada and 2. A duplicate of each such agreement 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. 3. The Company by its deeds of trust or mortgages may subject any assets, business, undertaking and property acquired as in the next preceding section mentioned, including the bonds issuable and mortgagable or pledgable by the Niagara Falls Park and River Railway Company, to a lien or charge to secure any bonds which it may issue. 4. The Company shall have an office at or near Niagara Falls, Ontario, and service of process or legal documents may be effected upon any clerk or officer employed therein or upon the person then in charge thereof, and such service shall be good service upon and shall bind the Company. 5. Notwithstanding anything in this Act contained, the jurisdiction and control of the Commissioners for the Queen Victoria Niagara Falls Park in respect to the matters placed under their jurisdiction and control by virtue of chapter 96 of the statutes of 1892 of the legislature of Ontario, and the powers of the said legislature in respect of the Niagara Falls Park and River Railway Company, shall continue the same as if this Act had not been passed, nor shall anything in this Act contained vary the agreement of the fourth of December, one thousand eight hundred and ninety-one, by the said statute of 1892 ratified and confirmed. 6. The bridge of the said Queenston Heights Bridge Company shall be kept open every day and night throughout the year for the use of passengers on foot or travelling in cars or other vehicles, upon the payment, by intending passengers, of the tolls from time to time prescribed by the Company and approved of by the Governor in Council. 7. Nothing in this Act contained shall relieve the Company from the observance of the laws of Canada or Ontario, as the case may be, except in so far as such laws are inconsistent with the acquisition and operation of the undertakings as hereby authorized. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. |