Copy to be evidence. Gazette; and a copy of such mortgage deed, certified to be a true copy by the said Secretary of State or his deputy, shall be received as primâ facie evidence of the original in all courts of justice, without proof of the signatures or seal upon such original. OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAP. CHAP. 68. An Act respecting the Waterloo and Magog Railway Company. [Assented to 23rd June, 1887.] WHEREAS the Waterloo and Magog Railway Company Preamble. have, by their petition, represented that negotiations have taken place for the sale of their line of railway to the Atlantic and North-Western Railway Company with a view to its forming a portion of the "Short Line," so-called, which the said last named company has contracted with the Government of Canada to construct and operate; and whereas to comply with the requirements of the said Government contract it would be necessary to improve the grades and alignment of the said Waterloo and Magog Railway, and for that purpose to change the location of its existing line at certain places; and whereas the said Waterloo and Magog Railway Company have prayed for power to effect such change, and it is desirable to grant their prayer: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: cation autho 1. Authority is hereby given to the Waterloo and Magog Change of loRailway Company, or to the Atlantic and North-Western rized. Railway Company in case it acquires the railway of the Waterloo and Magog Railway Company, to change the present location of the Waterloo and Magog Railway at any point or points where it may be necessary or desirable in order to improve its grades and alignment, or to render its service more efficient, or its connection more convenient with the main line of the Atlantic and NorthWestern Railway Company now or hereafter adopted, and, upon such change being effected, to remove the rails and materials upon the portion of the present line so diverted, and to discontinue the use of such portions for railway purposes. 2. The Waterloo and Magog Railway is hereby declared Declaratory. to be a work for the general advantage of Canada. OTTAWA: Printed by BROWN CHAMBERLIN. Law Printer to the Queen's Most Excellent Majesty. СНАР. Preamble. 42 V., c. 65. Certain deeds ratified. CHAP. 69. An Act respecting the Atlantic and North-West Railway Company. [Assented to 23rd June, 1887.] WHEREAS the Atlantic and North-West Railway Company has, by its petition, represented that, under the provisions of its charter, it has acquired the railway of the International Railway Company of Maine and the railway of the International Railway Company, and also the contract made by the latter Company with the Government of Canada for the construction of the railway known as "The Short Line Railway;" that it is now engaged in the construction of the railway provided for by the said contract; that it has issued first mortgage bonds under the authority conferred upon it by its charter, secured upon the said consolidated line of railway so acquired and to be constructed: that it has leased the said consolidated line in perpetuity to the Canadian Pacific Railway Company, and that it is expedient that the said lease should be confirmed; that in the event of the termination thereof the Atlantic and NorthWest Railway Company should have running powers over the railway bridge at Lachine and over the line of railway extending from the said bridge to a terminus in course of construction under its charter for the Ontario and Quebec Railway in the city of Montreal, and that the location of the said line and terminus should be confirmed; and whereas it has prayed for the passing of an Act confirming the said several purchases, lease and location, and for the granting of the said running powers, 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 deed of sale by the International Railway Company of Maine, conveying its railway to the Atlantic and North-West Railway Company, executed on the sixth day of December, one thousand eight hundred and eighty-six, and annexed hereto as schedule A, the deed of sale by the International Railway Company executed on the second day of November, one thousand eight hundred and eightysix, and the transfer in the said last mentioned deed of sale of the contract between the International Railway Company and the the Government of Canada for the construction of the "Short Line Railway," annexed hereto as schedule B, and the deed of lease from the Atlantic and North-West Railway Company to the Canadian Pacific Railway Company, dated the sixth day of December, one thousand eight hundred and eighty-six, and annexed hereto as schedule C, of its consolidated line of railway, extending from the river St. Lawrence to Mattawamkeag, in the State of Maine, are and each of them is hereby ratified and confirmed. granted con 2. In the event of the termination of the said deed of Certain run. lease, from any cause whatever, the Atlantic and North-West ning powers Railway Company shall have running powers for its trains ditionally. and locomotives over the bridge across the St. Lawrence River, near Lachine, and over the railway extending from the north end of the said bridge to the terminus thereof in Windsor street, in the said city of Montreal,-the said bridge and the said line of railway being now in course of construction by the said Atlantic and North-West Railway Company under its charter, to form part of the railway of the Ontario and Quebec Railway Company under an agreement with the said last mentioned company, confirmed by the Act of the Parliament of Canada, forty-seventh Victoria, chapter sixty-one, the location whereof is hereby confirmed, such running powers to be of such extent Certain cases and nature as to allow the Atlantic and North-West and rights not Railway Company equal running rights over the said railway into the said city and terminus, in common with the Ontario and Quebec Railway Company, and with the Canadian Pacific Railway Company as lessee of the said last mentioned line of railway: Provided, that nothing herein contained shall affect pending cases nor shall be held to affect the legal rights of any owner of property which may be damaged by the said construction of the said line. and terminus. affected. 3. The precise nature and regulation of such running Regulation of powers, and the remuneration therefor, shall be fixed by such running agreement between the said companies, or, in default of powers. such agreement, by two arbitrators, one of whom shall be named by the Atlantic and North-West Railway Company and the other by the other two companies interested, and by a third arbitrator to be agreed upon by the said two arbitrators, or, in default thereof, to be appointed by the Minister of Railways and Canals. SCHEDULE A. THIS INDENTURE, made between the International Railway Company of Maine, a corporation existing under and by virtue of the laws of the State of Maine, hereinafter VOL. II-4 called called the vendors, represented and acting by the chief executive officers thereof, and the Atlantic and NorthWest Railway Company, a body corporate and politic, duly incorporated by an Act of the Parliament of the Dominion of Canada, hereinafter called the purchasers, herein represented and acting by the Honorable Sir Donald Alexander Smith, K.CM.G., Esquire, the president thereof, and Charles Drinkwater, Esquire, the secretary thereof; wit nesses: Whereas, by an Act of the Parliament of Canada passed in the session thereof held in the forty-second year of Her Majesty's reign, chaptered sixty-five, the purchasers are in effect authorized, with the authority of their shareholders, to acquire any railway in course of construction, either in the United States or Canada, between the city of Sherbrooke and a point on the Atlantic coast, or the Bay of Fundy, within the limits of the Dominion, or between any intermediate points; and to consolidate the same with their own railway, as a part of it; And whereas the International Railway Company (of Canada) under the authority of their shareholders, granted at a special general meeting thereof, duly called and held for the purpose, on the ninth day of September, 1886, executed with the vendors an agreement for the purchase of their railway, the same now being in course of construction within the limits of the said State, the said agreement bearing date the first day of October, 1886, and providing for the completion of the construction of the said railway, and for the provision of funds therefor, as well as for the purchase thereof, and providing also for an absolute conveyance of the said railway to the said International Railway Company or their assigns; And whereas the railway of the vendors, and the railway of the said International railway Company, are within the limits of the line of railway which the purchasers are, as aforesaid, authorized to acquire or construct, and by an agreement of sale, duly executed by the said last-mentioned company on the second day of November instant they sold, assigned and transferred to the purchasers their said railway, and all their rights under the said agreement with the vendors; and under the provisions of the said several agreements, the purchasers, as the assigns of the said International Railway Company, have demanded an absolute conveyance of the said railway of the vendors, with which demand the vendors are willing to comply, and have been authorized to do so by a vote of their shareholders, at the annual meeting thereof held at Bangor, in Maine, on the eleventh day of November instant; Now Therefore this Indenture witnesseth; 1. That the vendors have sold, assigned, conveyed and transferred and do by these presents sell, assign, convey and trans fer |