by such deed, or to sell the said railway and property, after such delay and upon such notice, terms and conditions as are stated in such deed; and with like approval any such deed may contain provisions to the effect that upon such default, and upon such other conditions as are described in such deed, the right of voting possessed by the shareholders of the Company shall cease and determine, and shall thereafter appertain to the bondholders; and such deed may also provide for the conditional or absolute cancellation, after such sale, of any or all of the shares so deprived of voting power, and may also, either directly by its terms, or indirectly by reference to the by-laws of the Company, provide for the mode of enforcing and exercising the powers and authority to be conferred and defined by such deed, under the provisions thereof; and such deed and such provisions thereof as purport, with like approval, to grant such further and other powers and privileges to such trustee or trustees, and to such bondholders, as are not contrary to law or the Provision in provisions of this charter, shall be valid and binding; but if any change in the ownership or possession of the said railway and property at any time takes place under the provisions hereof, or of any such deed, or in any other manner, the said railway and property shall continue to be held and operated under the provisions hereof, and of "The Consolidated Railway Act, 1879," and of any Act amending the same, as hereby modified. Validity of deed. case of change of ownership. Form and de bonds. 16. The bonds authorized by this charter to be issued by nomination of the Company shall be made payable to bearer, and shall be transferable by delivery until the same shall have been registered as herein before provided, and shall be personal property; they may be issued in whole or in part, in the denomination of dollars or pounds sterling, or in either or both of them, and the coupons may be payable in denominations similar to those of the bonds to which they are May be sold attached; and the whole or any of such bonds may be pledged, negotiated or sold upon such conditions and at such price as the board of directors, from time to time, determine. or pledged. 17. The Company may, from time to time, for advances of money made thereon, mortgage or pledge any bonds which they, under the provisions of this charter, issue for the construction of the railway or otherwise. 18. It shall not be necessary in order to preserve the lien, priority, charge or privilege purporting to appertain to or be created by any bond issued or mortgage deed executed under the provisions of this charter, that such bond or deed should be registered in any manner or in any place whatever; but every such mortgage deed shall be deposited in the office of the Secretary of State of Canada,-of which deposit notice shall be given in the Canada Gazette; and in like manner any agreement entered into by the Company under the next following section of this charter shall also be deposited in the said office; and a copy of such mortgage mortgage deed or agreement, certified to be a true copy by the Secretary of State or his deputy, shall be received as prima facie evidence of the original, in all courts, without proof of the signature or seal upon such original. with other shareholders 19. The Company may enter into an agreement with any Agreements other railway company whose line of railway is crossed by may be made the line of the Company hereby incorporated, or with companies. which it connects, for conveying or leasing to such company the railway of the Company hereby incorporated, in whole or in part, or any branch thereof, or any rights or powers acquired under this charter, as also the surveys, plans, works, plant, material, machinery and other property to them belonging, on such terms and conditions, and for such period as may be agreed upon, and subject to such restrictions as to the directors seem fit, provided, that the Sanction of said conveyances, leases, agreements and arrangements and of Gover have been first sanctioned by a majority of the votes, at a nor in Counspecial general meeting of the shareholders called for the cil. purpose of considering the same, on due notice given,-and also by the Governor in Council: Provided, that before such Notice of apsanction by the Governor in Council shall be given, notice plication. of the application therefor shall be published in the Canada Gazette and in one newspaper in each of the counties through which the said railway runs, for at least two months prior to the time therein named for the making of such application; and such notice shall state a time and place where and when the application will be made, and that all parties may then and there appear and be heard on such application. 20. The Company may construct, work and operate such Telegraph and telephone line or lines of telegraph and telephone, in connection with lines. and along the line of their railway and branches, as are necessary or useful for the purposes of their undertaking. struction. 21. The railway shall be commenced within two years, Time for conand completed within five years from the date of this charter. FORM OF CONVEYANCE OF LAND TO COMPANY. veyance of Deeds and conveyances of lands to the Company (not Form of conbeing letters patent from the Crown), may, in so far as cir- land. cumstances will admit, be in the form following, that is to say: Know all men by these presents, that I, A. B., in consideration of paid to me by the Temiscouata Railway Company, the receipt whereof is hereby acknowledged, grant, bargain, sell and convey unto the said Temiscouata Railway Company, their successors and assigns, all that tract or parcel of land (describe the land) to have and to hold the What such the said land and premises unto the said Company, their successors and assigns for ever. Witness my hand and seal this one thousand eight hundred and day of or in any other form to the like effect; and every deed deed shall im- made in accordance herewith shall be held and construed ply. to impose upon the vendor executing the same the obligation of guaranteeing the Company and its assigns against all dower and claim for dower, and against all hypothecs and mortgages, and against all liens and charges whatsoever, not excepted in the grant, and also that he has a good, valid and transferable title thereto. In testimony whereof, we have caused these our letters to be made patent, and the Great Seal of Canada to be hereunto affixed. Witness, the Honorable Sir William Johnston Ritchie, Knight, Chief Justice of the Supreme Court of Canada, Deputy to Our Right Trusty and Entirely Beloved Cousin, the Most Honorable Sir Henry Charles Keith PettyFitzmaurice, Marquis of Lansdowne, in the County of Somerset, Earl of Wycombe, of Chipping Wycombe, in the County of Bucks, Viscount Calne and Calnstone in the County of Wilts, and Lord Wycombe, Baron of Chipping Wycombe in the County of Bucks, in the Peerage of Great Britain; Earl of Kerry and Earl of Shelburne, Viscount Clanmaurice and Fitzmaurice, Baron of Kerry, Lixnaw, and Dunkerron, in the Peerage of Ireland; Knight Grand Cross of Our Most Distinguished Order of Saint Michael and Saint George; Governor General of Canada, and Vice Admiral of the same. At Our Government House, in Our City of Ottawa, this sixth day of October, in the year of Our Lord one thousand eight hundred and eighty-five, and in the forty-ninth year of Our reign. OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAP. CHAP. 72. An Act to revive and amend the Act to incorporate "The Saint Gabriel Levee and Railway Company." [Assented to 23rd June, 1887.] HEREAS it is expedient to revive and amend the Act Preamble. forty-ninth Victoria, chapter eighty-five, intituled “An 49 V., c. 85. Act to incorporate the Saint Gabriel Levee and Railway Company" Therefore Her Majesty, by and with the advice and consent of the Senate and House of Common's of Canada, enacts as follows: 1. The Act, forty-ninth Victoria, chapter eighty-five, as Act revived. cited in the preamble, is hereby revived and shall continue in full force and effect of law, subject to the provisions hereinafter contained. mencement 2. The twenty-second section of the said Act is hereby Time for comrepealed, and in lieu thereof it is hereby enacted that the and compleundertaking of the Company shall be commenced within tion of works. three months from the passing of this Act, and the levee or dyke shall be completed before the first day of January, one thousand eight hundred and eighty-nine, and the railway before the first day of January, one thousand eight hundred and ninety. 3. The Company shall have power to make the terminus Terminus of railway. of the said railway on the southern side of the Lachine Canal at Côte Saint Paul. 4. The Company shall have power to extend the Levee Levee may be from the eastern side of the Victoria Bridge to the Lachine extended. Canal at or near Mill Street Basin. ceived. 5. The Company is hereby authorized to receive assist- Grants in aid ance by subsidies in money or bonds in the construction of may be rethe said undertaking from the municipalities of the city of Montreal, the villages of Saint Gabriel, Verdun and Côte Saint Paul, and the town of Saint Henri. be assumed 6. The works of the Company, constructed under the pro- Works may visions of this Act and of the Act hereby revived and amend- by the city of ed shall be subject to be assumed and taken possession of Montreal. at ed. at any time by the city of Montreal in pursuance of any powers in that behalf, which are or may be conferred on the Company to said city: Provided however, that the Company be first rebe reimbursimbursed by the city the amount actually expended on the works by the Company, after deducting the bonuses received by the Company, with interest on the Company's expenditure, not including, however, any interest on such bonuses; and upon assuming the work the said city shall have the right to exercise all powers of the Company relating there to. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAP. |