Abbildungen der Seite
PDF
EPUB

authority of its shareholders, expressed by a resolution passed at a special general meeting thereof called for the purpose; which deed or deeds shall contain such con- Conditions in ditions respecting the payment of the said bonds, and of deeds, o. the interest thereon, and respecting the remedies which shall be enjoyed by the holders thereof, or by any trustee or trustees for them, in default of such payment, and for enforcing such remedies, and for such forfeitures and penalties in default of payment thereof, and of the interest or coupons thereon, as may be approved by such meeting; and may also, with the approval aforesaid, authorize the Power of trustrustee or trustees, upon such default, as one of such tees to take possession of remedies, to take possession of the said railway and tunnel, such tunnel in and property mortgaged, and hold and run the same, for certain cases. the benefit of the bondholders thereof, for a time limited by such deed or deeds, or to sell the said railway, tunnel and property, after such delay and upon such terms and conditions as may be stated in such deed or deeds; and, with like approval, may thereby grant such further and other powers other powers and privileges to such trustee or trustees and of trustees. to such bondholders, as are not contrary to law or to the provisions of this act, including the right to the holders of such bonds to vote at meetings of shareholders and bondholders whenever an instalment either of interest or capital is in default, as shall be described in such deed or deeds, and every such mortgage-bond shall specify whether the railway or the tunnel or both are mortgaged thereby. But no such bonds shall be issued upon the said railway un- Conditions of less ten miles thereof have been built, and then bonds to issue of bonds. the amount of two hundred thousand dollars may be issued, and so on, after each ten miles of road shall have been built, and no such bonds shall be issued upon such tunnel, until the government engineer shall have made a report to the Lieutenant Governor in council, that at least one hundred thousand dollars have been expended on the construction of such tunnel, and then bonds to the latter amount may be issued, and so on, whenever a report is made, in the same manner, that a further sum of one hundred thousand dollars or over has been expended on the construction of the tunnel, until the said road and tunnel are completed, and then the balance of the said bonds may be issued.

term "working expenses."

15. The words: "working expenses," shall mean and Meaning of include all expenses of maintenance of the railway and tunnel, and of the stations, buildings, works and conveniences belonging thereto and of the rolling stock and other stock and movable plant used in the working thereof; and also, all such tolls, rents or annual sums as may be

Fower to build

paid in respect of property leased to or held by the company, or in respect of the hire of engines, carriages or waggons let to the company; also, all rents, charges or interest on lands belonging to the company, purchased but not paid for, or not fully paid for; and also, all expenses of and incidental to working the railway and tunnel and the traffic thereon, including stores and consumable articles; also, rates, taxes, insurance and compensation for accidents or losses; also, all salaries and wages of persons employed in and about the working of the railway, tunnel and traffic; and all office and management expenses, including directors' fees, agency, legal and other like expenses; and genenerally all such charges, if any, not otherwise specified.

16. The company shall have power and authority to stations, &c.; erect and maintain all necessary and convenient buildings, stations, depôts, warehouses, steam or other elevators and fixtures, and, from time to time, to alter, repair or enlarge the same, as the increasing traffic may require; and shall also have full power and authority to connect any of the works herein mentioned with any point on the railway, by means of any line or lines of railway for such purposes.

To make ar- 17. The directors of the company shall have full power rangements and authority to enter into and conclude any arrangerailway comments with any other railway company of the Province of

with other

panies.

Certain ar

made under

way Act.

Quebec or the United States, for the purpose of making or acquiring any branch or branches to facilitate a connection. between the company hereby incorporated and such other railway company, or to acquire the corporate property and franchise of such other company.

1. Except as otherwise provided by this act, every railrangements to way in the Province of Quebec, acquired by the company, either by purchase or amalgamation, and every branch in Quebec Rail- the Province of Quebec, made or acquired by the company. in pursuance of any arrangement under the provisions of this act, shall be held and deemed to be according to the true intent and meaning of "The Quebec Railway Act, 1869," a railway constructed under the authority of an act passed by the legislature of Quebec.

Power to lease the road.

19. The company may enter into an arrangement with any other railway company, or with the government of the Province of Quebec, for leasing the said railway or the said tunnel or both or any part or branch thereof, or the use thereof, at any times, and for any period, or for leasing or hiring from such other company or said govern

ment any railway or any part or branch thereof, or the use
thereof, at any time or times, and for any period or for
leasing or hiring as lessors or lessees any locomotives, ten-
des, cars or other rolling-stock or moveable property from
any such company or any company or individuals or the
said government, and generally to make any agreement or
arrangements with any such other company or the said
government, touching the use by one or the other, or by
both of the said tunnel or railway or rolling-stock or
moveable property from any such company or any com-
pany or individuals, or the said government and generally
to make any agreement or arrangements with any such
other company or the said government touching the use
by one or the other, or by both of the said tunnel or rail-
way or rolling stock or moveable property of either or both
or any part thereof, or touching any service to be rendered
by the one to the other, and the compensation therefor;
Provided the said leases, agreements and arrangements Proviso.
have been first respectively sanctioned by the majority of
votes, at a special general meeting of the shareholders,
called for the purpose of considering the same respectively,
after due notice given as provided by "The Quebec Rail-
way Act, 1869.”

use the tunnel

upon

certain

3. Any other railway company wishing to avail them- Power of other selves of the use of the said tunnel for the carrying over companies to their locomotives and cars, shall be entitled to use the for certain same, by applying to the board of directors of the company, purposes and and submitting themselves to the rules and regulations to conditions." be promulgated for such purposes, and the amount of compensation to be paid for such transportation shall be determined by an order in council passed by the executive council of the province of Quebec, upon the report to that effect of their chief railway engineer.

lands for rail

1. The company shall have power to expropriate, for Power to the purposes of their railway and for the purposes of their expropriate tunnel, under the same conditions as provided for in favor way, &c., upon of railway companies under the Quebec Railway Act, 1869, certain condiand they shall enjoy to that effect all powers granted to railway companies by the said act.

tions.

&c.,

2. All shareholders in the company, whether British Persons who subjects or aliens or residents of Canada or elsewhere, may hold stock shall have equal rights to hold stock in the company, and to vote on the same, and be eligible to any office in the company.

of sale to com

2. Any deed or conveyance of land to the company Form of deeds may be in the form of schedule A, to this act annexed, and

book at ex

pany.

may be registered at full length, upon the affidavit of one of the witnesses to the execution thereof, made before the officers usually authorized to receive the same and a deed in such form, or in words of like import, shall be a legal and valid conveyance of the lands and immoveables therein mentioned, to all intents and purposes, and the registration thereof shall be of the same effect as if such deed were Registrar to be executed before a notary. And in order that all such furnished with deeds be duly registered, all registrars, in their respective pense of com-counties, shall be furnished by and at the expense of the said company, with a book containing copies of the form given in the said schedule A, which are to be printed on each page, leaving the necessary blanks to suit the circumstances upon each separate conveyance, and shall, upon the production of any conveyance, enter the same in the said book, without any memorial, and shall minute the enregistration, or entry on the deed, and the registrar shall charge and receive from the said company, for all fees on such registration, besides the required stamps, fifty cents and no more, and such registration shall be deemed to be valid in law, any statute or provision of law to the contrary notwithstanding.

Powers limited.

Commence

24. The powers given by this act shall only be exercised if the railway is commenced within three months, and the completion thereof within two years, after the sanctioning of this act, and if the tunnel is commenced within one year and the completion thereof within five years from the sanctioning of this act.

25. Work shall be commenced on the said railway and ment of work. on the said tunnel only after the plans and specifications thereof shall have been submitted to the government engineer of this province and approved by the Lieutenant Governor, in council, and after a sum of ten thousand dollars shall have been deposited in the hands of the treasurer of the province, to cover the cost of the work of exploration and the preparation of the plans and specifications of the said tunnel; and such work of exploration and preparation of the plans and specifications shall be forthwith commenced and conducted under the superintendence of an engineer, appointed by the government for that purpose.

Date of coming

charter.

24. This charter shall come into force only by proclainto force of mation, which shall be issued only after the lieutenantgovernor, in council, due regard being had for existing charters, shall have proof that the company has at its disposal, sufficient resources to carry out the said work,

upon the said tunnel and railway, within the delay granted by the present charter, and the work of construction shall be commenced only when the said company shall have consented to and signed a deed of agreement, which shall be considered as forming part of the present charter, granting to the satisfaction of the Lieutenant Governor. in council, satisfactory and permanent advantages to the Quebec, Montreal, Ottawa and Occidental Railway, and to the general traffic of the province, in such manner that the said tunnel shall always be open to traffic, by railway or otherwise.

SCHEDULE A.

Form of Deed of Sale.

Know all men by these presents that I, A. B., of

[ocr errors]

do hereby in consideration of

, paid to me by The South Shore Railway and Tunnel Company, the receipt whereof is hereby acknowledged.-grant, bargain, sell and convey unto the said, The South Shore Railway and Tunnel Company, their successors and assigns, all that tract or parcel of land (describe the land) to have and to hold the said land and premises, unto the said company, their successors and assigns for ever.

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

An Act to incorporate "The St. Lawrence River Tunnel
Company."

[Assented to 24th July, 1880.]

HEREAS the persons hereinafter mentioned and Preamble. others, have, by their petition, represented that the construction of a tunnel, for railroad and other purposes, under and across the River St. Lawrence, in the vicinity of the city of Montreal, which should be open on fair and equal terms to the use of the public, and of the govern

« ZurückWeiter »